DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the claims at issue are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
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Claims 32-35 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 20 of US Patent No. 11,736,859. Although the claims at issue are not identical, they are not patentably distinct from each other because claim 20 of US Patent No. 11,736,859 disclose every limitation of claims 32-35 in the instant application. In this case, the instant application appears to claim a speaker that uses the claimed acoustic waveguide of US Patent No. 11,736,859.
Claims 36-40 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 13-19 of US Patent No. 11,736,859. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 13-19 of US Patent No. 11,736,859 disclose every limitation of claims 36-40 in the instant application. In this case, the instant application appears to claim a speaker that uses the claimed acoustic waveguide of US Patent No. 11,736,859.
Claims 36-40 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 12-16 of US Patent No. 12,075,209. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 12-16 of US Patent No. 12,075,209 disclose every limitation of claims 36-40 in the instant application. In this case, the instant application appears to claim a speaker that uses the claimed acoustic waveguide of US Patent No. 12,075,209.
For Example see below:
Instant Application
US Patent No. 11,736,859
32. (New) A speaker assembly, comprising: a sound signal generator configured provide acoustic signals; a speaker driver coupled to the sound signal generator and configured to receive the acoustic signal and to generate sounds waves in an identified range of frequencies; and an acoustic waveguide coupled to the speaker driver, the acoustic waveguide comprising: a housing having a proximal portion with a mounting flange having an inlet aperture, a distal portion with an outlet aperture, and a depth from the inlet aperture to the outlet aperture, the mounting flange supporting the speaker driver adjacent to the inlet; and a plurality of sound channels extending through the housing and acoustically coupling the inlet aperture to the outlet aperture, each sound channel having: a bend area at an intermediate position along the sound channel, and a lateral flare portion downstream of the bend area and extending from the bend area to the outlet aperture, wherein the lateral flare portion extends along approximately 57% to 73% of an overall length of the sound path.
20. An acoustic waveguide, comprising: activating an acoustic driver to generate a sound having one or more frequencies; directing the sound from the speaker driver into an inlet aperture of an acoustic waveguide, wherein the acoustic waveguide comprises: a housing having a proximal end with an inlet aperture and a distal end with an outlet aperture; a mounting flange positioned at the proximal end and acoustically coupling the acoustic driver to the inlet aperture; and a plurality of sound channels extending through the housing and acoustically coupling the inlet aperture to the outlet aperture, each sound channel at least partially defining a sound path having an acoustic length, and each sound channel having a flare portion extending from the outlet aperture upstream toward the inlet aperture, wherein the flare portion extends along at least 57% of the acoustic length of each sound channel; directing the sound from the inlet aperture into the plurality sound channels to divide the sound into portions and direct the portions into respective sound channels; and outputting the portions of the sound from the plurality of sound channels out of the waveguide through the outlet aperture.
36. (New) A speaker assembly, comprising: a sound signal generator configured provide acoustic signals; a speaker driver coupled to the sound signal generator and configured to receive the acoustic signal and to generate sounds waves in an identified range of frequencies; and an acoustic waveguide coupled to the speaker driver, the acoustic waveguide comprising: a housing having a proximal portion with a mounting flange having an inlet aperture, a distal portion with an outlet aperture, and a depth from the inlet aperture to the outlet aperture, the mounting flange supporting the speaker driver adjacent to the inlet; and a plurality of sound channels extending through the housing and acoustically coupling the inlet aperture to the outlet aperture, each sound channel having: a bend area at an intermediate position along the sound channel, and a lateral flare portion downstream of the bend area and extending from the bend area to the outlet aperture, wherein the acoustic length of the sound channels is between about 120% and 200% of the depth of the housing.
13. A method of directing sound through an acoustic waveguide, the method comprising: activating first and second speaker drivers to generate a first and second sounds having one or more frequencies; directing the first and second sounds into an acoustic waveguide having: a housing with a proximal end with a first inlet aperture and a second inlet aperture and a distal end with a first outlet aperture and a second outlet aperture, and a depth from the proximal to the distal end; a first mounting flange positioned at the proximal end and acoustically coupling the first driver to the first inlet aperture; a second mounting flange positioned at the proximal end and acoustically coupling the second driver to the second inlet aperture; a plurality of first sound channels extending through the housing and acoustically coupling the first inlet aperture to the first outlet aperture; and a plurality of second sound channels extending through the housing and acoustically coupling the second inlet aperture to the second outlet aperture, wherein each of the plurality of the first and second sound channels have— a bend area at an intermediate position along the sound channel, and a flare portion downstream of the bend area and extending from the bend area to the outlet aperture, wherein the flare portion extends along at least 80% of the depth of the housing; directing the first sound from the first inlet aperture into the plurality of first sound channels to divide the first sound into first portions and direct the first portions into respective first sound channels; directing the second sound from the second inlet aperture into the plurality of second sound channels to divide the second sound into second portions and direct the second portions into respective second sound channels; outputting the first portions of the first sound from the plurality of first sound channels out of the waveguide through the first outlet aperture; and outputting the second portions of the second sound from the plurality of second sound channels out of the waveguide through the second outlet aperture.
19. The method of claim 13 wherein the acoustic length of the sound channels is between about 120% and 200% of the depth of the housing, between about 130% and 145% of the depth of the housing, between about 138% and 141% of the depth of the housing, about 139.6% of the depth of the housing, or about 136.7% of the depth of the housing.
And further more,
Instant Application
US Patent No. 12,075,209
36. (New) A speaker assembly, comprising: a sound signal generator configured provide acoustic signals; a speaker driver coupled to the sound signal generator and configured to receive the acoustic signal and to generate sounds waves in an identified range of frequencies; and an acoustic waveguide coupled to the speaker driver, the acoustic waveguide comprising: a housing having a proximal portion with a mounting flange having an inlet aperture, a distal portion with an outlet aperture, and a depth from the inlet aperture to the outlet aperture, the mounting flange supporting the speaker driver adjacent to the inlet; and a plurality of sound channels extending through the housing and acoustically coupling the inlet aperture to the outlet aperture, each sound channel having: a bend area at an intermediate position along the sound channel, and a lateral flare portion downstream of the bend area and extending from the bend area to the outlet aperture, wherein the acoustic length of the sound channels is between about 120% and 200% of the depth of the housing.
12. An acoustic waveguide, comprising: a housing having a proximal end with an inlet aperture, a distal end with an outlet aperture, and a depth from the proximal end to the distal end; a mounting flange positioned at the proximal end and configured to acoustically couple a driver to the inlet aperture; and a plurality of sound channels extending through the housing and acoustically coupling the inlet aperture to the outlet aperture, each sound channel having— a bend area at an intermediate position along the sound channel, and a flare portion downstream of the bend area and extending from the bend area to the outlet aperture, wherein the acoustic length of the sound channels is between about 120% and 200% of the depth of the housing.
Allowable Subject Matter
Claims 32-38 contain limitations allowable over the prior art and will be in condition for allowance once the double patenting rejections are overcome.
Claims 21-31 and 39-40 are allowed.
The following is an examiner’s statement of reasons for allowance: the prior art of record teaches various speaker assemblies with acoustic waveguides, for example: Halley et al. (US 2019/0215602), Buck (US 2004/0005069) and Hayes (WO 2016/176716). Nevertheless, the prior art of record fails to teach “a plurality of sound channels extending through the housing and acoustically coupling the inlet aperture to the outlet aperture, each sound channel having: a bend area at an intermediate position along the sound channel, and a flare portion downstream of the bend area and extending from the bend area to the outlet aperture, wherein the flare portion extends along approximately 80% to 87% of the depth of the housing for a sound channel with a first resonant frequency or the flare portion extends along approximately 49%- 69% of the depth of the housing for a sound channel with a second resonant frequency different than the first resonant frequency,” as required by claim 21 when combined with all the limitations of claim 21.
Response to Arguments
Applicant’s arguments with respect to claim(s) 32-38 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SEAN H NGUYEN whose telephone number is (571)270-5728. The examiner can normally be reached M-F 10-6 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Duc Nguyen can be reached at (571)272-7503. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SEAN H NGUYEN/Primary Examiner, Art Unit 2691
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