The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
The specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Applicant is advised that should claim 11 be found allowable, claim 12 will be objected to under 37 CFR 1.75 as being a substantial duplicate thereof. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m).
Claim 16 is objected to on line 4 because “an end portion” should be “the end portion” to clarify the claim language.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 5, 6, and 10-16 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 5 is indefinite on line 4 because there is no clear antecedent basis for “the cover inner cylindrical portion”. When there is a plurality of cover inner cylindrical portions, as claimed on line 2 of claim 5, then which of the plurality of cover inner cylindrical portions is one referring to here? Perhaps the claim should be amended to be “the one or more cover inner cylindrical portion forms a resonance chamber within the housing” to clarify the claim language.
Claim 6 is indefinite on lines 2-4 because it is not understood what one means by “the partition wall has at least one of an inner side and an outer side of a portion to which the sound generating body is joined is the same shape as the portion to which the sound generating body is joined”, because it does not appear that the portion on line 2 and the portion on line 3 are the same element as claimed herein. See figure 2, for example, which illustrates that a groove portion 221 of the partition wall 22 is joined with an end of frame 61 portion of the sound generating body 6. Perhaps the claim should be amended to be “the partition wall has at least one of an inner side and an outer side of a portion to which the sound generating body is joined, and the portion is the same shape as a portion to which the sound generating body is joined” to clarify the claim language.
Claim 6 is further indefinite on line 3 and on line 4 because there is no clear antecedent basis for “the sound generating body”. Note that there is a sound generating body claimed on line 2 of claim 1 and a sound generating body claimed on line 5 of claim 1. In claim 6, is one referring to the sound generating body on line 2 of claim 1, or is one referring to the sound generating body on line 5 of claim 1, or is the sound generating body on line 2 of claim 1 and the sound generating body on line 5 of claim 1 the same element? Perhaps one should amend claim 1, line 5, to be “the sound generating body” to clarify the claim language in claim 1 and claim 6 from which it depends.
Claim 10 is indefinite on line 4 because there is no clear antecedent basis for “the cover inner cylindrical portion”. When there is a plurality of cover inner cylindrical portions, as claimed on line 2 of claim 10, then which of the plurality of cover inner cylindrical portions is one referring to here? Perhaps the claim should be amended to be “the one or more cover inner cylindrical portion forms a resonance chamber within the housing” to clarify the claim language.
Claim 11 is indefinite on line 2 and on line 4 because there is no clear antecedent basis for “the cover inner cylindrical portion” on each of the lines of the claim. When there is a plurality of cover inner cylindrical portions, as claimed on line 2 of claim 10, then which of the plurality of cover inner cylindrical portions is one referring to here? Perhaps the claim should be amended to be “one of the one or more cover inner cylindrical portion is formed to face a base inner cylindrical portion formed in the base, and wherein the one of the one or more cover inner cylindrical portion and the base inner cylindrical portion form a resonance chamber” to clarify the claim language. Note figure 2 which illustrates that cover inner cylindrical portion 33 faces base inner cylindrical portion 27.
Claim 12 is indefinite for the same reasons as claim 11 as explained above. Note that claim 11 and claim 12 are identical claims.
Claim 13 is indefinite on lines 2-4 because it is not understood what one means by “the partition wall has at least one of an inner side and an outer side of a portion to which the sound generating body is joined is the same shape as the portion to which the sound generating body is joined”, because it does not appear that the portion on line 2 and the portion on line 3 are the same element as claimed herein. See figure 2, for example, which illustrates that a groove portion 221 of the partition wall 22 is joined with an end of frame 61 portion of the sound generating body 6. Perhaps the claim should be amended to be “the partition wall has at least one of an inner side and an outer side of a portion to which the sound generating body is joined, and the portion is the same shape as a portion to which the sound generating body is joined” to clarify the claim language.
Claim 13 is further indefinite on line 3 and on line 4 because there is no clear antecedent basis for “the sound generating body”. Note that there is a sound generating body claimed on line 2 of claim 7 and a sound generating body claimed on line 5 of claim 7. In claim 13, is one referring to the sound generating body on line 2 of claim 7, or is one referring to the sound generating body on line 5 of claim 7, or is the sound generating body on line 2 of claim 7 and the sound generating body on line 5 of claim 7 the same element? Perhaps one should amend claim 7, line 5, to be “the sound generating body” to clarify the claim language in claim 7 and claim 13 from which it depends.
Claim 14 is indefinite on lines 9-11 because it is not understood what one means by “the partition wall has at least one of an inner side and an outer side of a portion to which the sound generating body is joined is the same shape as the portion to which the sound generating body is joined”, because it does not appear that the portion on line 2 and the portion on line 3 are the same element as claimed herein. See figure 2, for example, which illustrates that a groove portion 221 of the partition wall 22 is joined with an end of frame 61 portion of the sound generating body 6. Perhaps the claim should be amended to be “the partition wall has at least one of an inner side and an outer side of a portion to which the sound generating body is joined, and the portion is the same shape as a portion to which the sound generating body is joined” to clarify the claim language.
Claim 14 is further indefinite on line 10 and on line 11 because there is no clear antecedent basis for “the sound generating body”. Note that there is a sound generating body claimed on line 2 and a sound generating body claimed on line 5. Is one referring to the sound generating body on line 2 of the claim, or is one referring to the sound generating body on line 5 of the claim, or is the sound generating body on line 2 of the claim and the sound generating body on line 5 of the claim the same element? Perhaps one should amend line 5 of the claim to be “the sound generating body” to clarify the claim language.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1, 2, 4-8, and 10-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Miyata et al. (US 2017/0134847).
Regarding claim 1, Miyata discloses a sound generator, comprising: a sound generating body 4 that generates sound; and a housing that houses the sound generating body 4. See figures 1-6. The housing includes: a base 1 having a base outer cylindrical portion 11 and a partition wall (e.g., base second wall 14 and base plate portion 16), which is joined with the sound generating body 4, provided inside the base outer cylindrical portion 11; a cover 2 that covers an opening on a front side of the base outer cylindrical portion 11; and a case 3 that covers an opening on a rear side of the base outer cylindrical portion 11. The case 3 includes: a case rear portion (e.g., bottom portion of case 3) arranged to face the opening of the base outer cylindrical portion 11; and a case width adjustment portion (e.g., side portion of case 3) provided in an extending manner from the case rear portion, and is joined to the base outer cylindrical portion 11 at an end of the case width adjustment portion (see fig. 3, for example).
Regarding claim 2, the case width adjustment portion (e.g., side portion of case 3) is configured as an integral member with the case rear portion (e.g., bottom portion of case 3). See fig. 3, for example.
Regarding claim 4, the cover 2 includes: a cover front portion 21 (e.g., top portion of cover 2) arranged to face an opening of the base outer cylindrical portion 11; and a cover width adjustment portion 22 (e.g., cover side wall portion) provided in an extending manner from the cover front portion 21, and is joined to the base outer cylindrical portion 11 at an end of the cover width adjustment portion 22. See fig. 3, for example.
Regarding claim 5, the cover front portion 21 (e.g., top portion of cover 2) includes one or more cover inner cylindrical portions 23 (e.g., cover plate portion) provided in an extending manner toward an inside of the housing (see figures 1, 3, and 4, for example). The one or more cover inner cylindrical portions 23 form a resonance chamber 65 within the housing. See para. 0042, regarding “a third resonant chamber 65 is formed by the shield wall 12, the base first wall 13, the base third wall 15, and the cover plate portion 23”.
Regarding claim 6, the partition wall (e.g., base second wall 14 and base plate portion 16) has at least one of an inner side and an outer side of a portion to which the sound generating body 4 is joined, and the portion is the same shape as the portion to which the sound generating body 4 is joined. See figure 3, which illustrates that the partition wall has at least one of an inner side and an outer side of a portion (e.g., base second wall 14) to which the sound generating body 4 is joined (e.g., joined at an outer side of base second wall 14 portion), and the portion is same shape (e.g., circular shape) as the portion to which the sound generating body 4 is joined, as claimed.
Regarding claim 7, Miyata discloses a sound generator, comprising: a sound generating body 4 that generates sound; and a housing that houses the sound generating body 4. See figures 1-6. The housing includes: a base 1 having a base outer cylindrical portion 11 and a partition wall (e.g., base second wall 14 and base plate portion 16), which is joined with the sound generating body 4, provided inside the base outer cylindrical portion 11; a cover 2 that covers an opening on a front side of the base outer cylindrical portion 11; and a case 3 that covers an opening on a rear side of the base outer cylindrical portion 11. The cover 2 includes: a cover front portion 21 (e.g., top portion of cover 2) arranged to face an opening of the base outer cylindrical portion 11; and a cover width adjustment portion 22 (e.g., cover side wall portion) provided in an extending manner from the cover front portion 21, and is joined to the base outer cylindrical portion 11 at an end of the cover width adjustment portion 22 (see fig. 3, for example).
Regarding claim 8, the cover width adjustment portion 22 is configured as an integral member with the cover front portion 21. See fig. 1, for example.
Regarding claim 10, the cover front portion 21 (e.g., top portion of cover 2) includes one or more cover inner cylindrical portions 23 (e.g., cover plate portion) provided in an extending manner toward an inside of the housing (see figures 1, 3, and 4, for example). The one or more cover inner cylindrical portions 23 form a resonance chamber 65 within the housing. See para. 0042, regarding “a third resonant chamber 65 is formed by the shield wall 12, the base first wall 13, the base third wall 15, and the cover plate portion 23”.
Regarding claims 11 and 12, the cover inner cylindrical portion 23 (e.g., cover plate portion) is formed to face a base inner cylindrical portion 12 (e.g., shielding wall) formed in the base 1. The cover inner cylindrical portion 23 and the base inner cylindrical portion 12 form a resonance chamber 65. See para. 0042, regarding “a third resonant chamber 65 is formed by the shield wall 12, the base first wall 13, the base third wall 15, and the cover plate portion 23”.
Regarding claim 13, the partition wall (e.g., base second wall 14 and base plate portion 16) has at least one of an inner side and an outer side of a portion to which the sound generating body 4 is joined, and the portion is the same shape as the portion to which the sound generating body 4 is joined. See figure 3, which illustrates that the partition wall has at least one of an inner side and an outer side of a portion (e.g., base second wall 14) to which the sound generating body 4 is joined (e.g., joined at an outer side of base second wall 14 portion), and the portion is same shape (e.g., circular shape) as the portion to which the sound generating body 4 is joined, as claimed.
Regarding claim 14, Miyata discloses a sound generator, comprising: a sound generating body 4 that generates sound; and a housing that houses the sound generating body 4. See figures 1-6. The housing includes: a base 1 having a base outer cylindrical portion 11 and a partition wall (e.g., base second wall 14 and base plate portion 16), which is joined with the sound generating body 4, provided inside the base outer cylindrical portion 11; a cover 2 that covers an opening on a front side of the base outer cylindrical portion 11; and a case 3 that covers an opening on a rear side of the base outer cylindrical portion 11. The partition wall (e.g., base second wall 14 and base plate portion 16) has at least one of an inner side and an outer side of a portion to which the sound generating body 4 is joined, and the portion is the same shape as the portion to which the sound generating body 4 is joined. See figure 3, which illustrates that the partition wall has at least one of an inner side and an outer side of a portion (e.g., base second wall 14) to which the sound generating body 4 is joined (e.g., joined at an outer side of base second wall 14 portion), and the portion is same shape (e.g., circular shape) as the portion to which the sound generating body 4 is joined, as claimed.
Claims 1, 2, 4-8, and 10-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Miyata et al. (US 2019/0313192).
Regarding claim 1, Miyata discloses a sound generator, comprising: a sound generating body 7 that generates sound; and a housing 1 that houses the sound generating body 7. See figures 1-2, for example. The housing 1 includes: a base 2 having a base outer cylindrical portion 21 and a partition wall 22, which is joined with the sound generating body 7, provided inside the base outer cylindrical portion 21; a cover 3 that covers an opening on a front side of the base outer cylindrical portion 21; and a case 4 that covers an opening on a rear side of the base outer cylindrical portion 21. The case 4 includes: a case rear portion (e.g., bottom portion of case 4) arranged to face the opening of the base outer cylindrical portion 21; and a case width adjustment portion (e.g., side portion of case 4) provided in an extending manner from the case rear portion, and is joined to the base outer cylindrical portion 21 at an end of the case width adjustment portion (see fig. 2, for example).
Regarding claim 2, the case width adjustment portion (e.g., side portion of case 4) is configured as an integral member with the case rear portion (e.g., bottom portion of case 4). See fig. 2, for example.
Regarding claim 4, the cover 3 includes: a cover front portion (e.g., top portion of cover 3) arranged to face an opening of the base outer cylindrical portion 21; and a cover width adjustment portion (e.g., side portion of cover 3) provided in an extending manner from the cover front portion, and is joined to the base outer cylindrical portion 21 at an end of the cover width adjustment portion. See fig. 2, for example.
Regarding claim 5, the cover front portion (e.g., top portion of cover 3) includes one or more cover inner cylindrical portions 35 provided in an extending manner toward an inside of the housing 1 (see fig. 2, for example). The one or more cover inner cylindrical portions 35 form a resonance chamber 85 within the housing 1 (see para. 0050).
Regarding claim 6, the partition wall 22 has at least one of an inner side and an outer side of a portion to which the sound generating body 7 is joined, and the portion is the same shape as the portion to which the sound generating body 7 is joined. See figure 2, which illustrates that the partition wall 22 has at least one of an inner side and an outer side of a portion (e.g., groove) to which the sound generating body 7 is joined, and the portion is same shape (e.g., circular shape) as the portion to which the sound generating body 7 is joined, as claimed.
Regarding claim 7, Miyata discloses a sound generator, comprising: a sound generating body 7 that generates sound; and a housing 1 that houses the sound generating body 7. See figures 1-2, for example. The housing 1 includes: a base 2 having a base outer cylindrical portion 21 and a partition wall 22, which is joined with the sound generating body 7, provided inside the base outer cylindrical portion 21; a cover 3 that covers an opening on a front side of the base outer cylindrical portion 21; and a case 4 that covers an opening on a rear side of the base outer cylindrical portion 21. The cover 3 includes: a cover front portion (e.g., top portion of cover 3) arranged to face an opening of the base outer cylindrical portion 21; and a cover width adjustment portion (e.g., side portion of cover 3) provided in an extending manner from the cover front portion, and is joined to the base outer cylindrical portion 21 at an end of the cover width adjustment portion. See fig. 2, for example.
Regarding claim 8, the cover width adjustment portion (e.g., side portion of cover 3) is configured as an integral member with the cover front portion (e.g., top portion of cover 3). See fig. 2, for example.
Regarding claim 10, the cover front portion (e.g., top portion of cover 3) includes one or more cover inner cylindrical portions 35 provided in an extending manner toward an inside of the housing 1 (see fig. 2, for example). The one or more cover inner cylindrical portions 35 form a resonance chamber 85 within the housing 1 (see para. 0050).
Regarding claims 11 and 12, the cover inner cylindrical portion 35 is formed to face a base inner cylindrical portion 26 formed in the base 2. The cover inner cylindrical portion 35 and the base inner cylindrical portion 26 form a resonance chamber 86. See fig. 2, and para. 0050.
Regarding claim 13, the partition wall 22 has at least one of an inner side and an outer side of a portion to which the sound generating body 7 is joined, and the portion is the same shape as the portion to which the sound generating body 7 is joined. See figure 2, which illustrates that the partition wall 22 has at least one of an inner side and an outer side of a portion (e.g., groove) to which the sound generating body 7 is joined, and the portion is same shape (e.g., circular shape) as the portion to which the sound generating body 7 is joined, as claimed.
Regarding claim 14, Miyata discloses a sound generator, comprising: a sound generating body 7 that generates sound; and a housing 1 that houses the sound generating body 7. See figures 1-2, for example. The housing 1 includes: a base 2 having a base outer cylindrical portion 21 and a partition wall 22, which is joined with the sound generating body 7, provided inside the base outer cylindrical portion 21; a cover 3 that covers an opening on a front side of the base outer cylindrical portion 21; and a case 4 that covers an opening on a rear side of the base outer cylindrical portion 21. The partition wall 22 has at least one of an inner side and an outer side of a portion to which the sound generating body 7 is joined, and the portion is the same shape as the portion to which the sound generating body 7 is joined. See figure 2, which illustrates that the partition wall 22 has at least one of an inner side and an outer side of a portion (e.g., groove) to which the sound generating body 7 is joined, and the portion is same shape (e.g., circular shape) as the portion to which the sound generating body 7 is joined, as claimed.
Regarding claim 15, the partition wall 22 has a groove portion which has a shape corresponding to an end portion of the sound generating body 7 and is joined to the sound generating body 7. See fig. 2, for example. The partition wall 22 has a further groove which is formed on at least one of an inside and outside of the groove and has the same shape as the groove (see fig. 2, which illustrates a groove formed on an outside portion of the partition wall 22, which is formed on an outside of the groove portion to which the sound generating body 7 is joined, as claimed).
Claims 3 and 9 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claim 16 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, and the objection to the claim, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The references cited on the PTO-892 each disclose a sound generator.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PAUL W HUBER whose telephone number is (571)272-7588.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Duc Nguyen, can be reached at telephone number 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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/PAUL W HUBER/Primary Examiner, Art Unit 2691
pwh
February 18, 2026