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 .
Status of Claims
Claims 1-13 are rejected
Claim 14 is objected to
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1 and 3-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shaanti (US PUB 20230001316, hereinafter Shaanti) in view of Zhang et al (US CN204833889, hereinafter Zhang).
Regarding Claim 1, Shaanti discloses a speaker (e.g. a Melodiman musical toy 100), (see at least the abstract) comprising: an outer body forming an enclosure (e.g. external body with inner cavity), (see [0042], and figures 1 and 3), wherein: the outer body is configured to enclose speaker drivers (e.g. speakers 560 are contained within the cavity), (see [0061], and figure 6A); the outer body is configured to house volume control buttons (e.g. volume knob) and a power button (see [0069] and figure 3); the outer body includes a charging port (e.g. a platform-base 200 of the musical toy includes a charging port), (see [0070], and figure 2); the outer body is formed in the shape of a human body having a torso portion, arm portions, hand portions, leg portions, feet portions, and a head portion (e.g. the musical toy 100 is formed in the shape of human body and comprising a head part 10, torso/stomach-part 20, a left-arm-part 30, a right-arm-part 40, a left-leg-part 50 and a right-leg-part 60), (see [0042], also figure 3); the outer body includes openings on a front side of the outer body through a torso portion of the outer body wherein the openings are configured for sound waves to pass through the outer body from the speaker drivers housed in the enclosure (e.g. each part of the musical toy including the torso portion is equipped with accessories such as speakers and associated speaker openings), (see [0064], and figure 3);
the head portion (e.g. head part 10) of the outer body is interchangeable (e.g. each part of the musical toy including the head part 10 is changeable and replaceable); the speaker is configured to produce sound waves corresponding to a sound based on the head portion selected (e.g. speakers 560 produce sound waves based on a specific head portion 10 chosen), (see [0042], [0061] and [0068], also figures 3 and 6A-6C), the speaker being configured to produce the sound waves when the head portion is connected to the remainder of the speaker and the speaker is powered on, paired with another device, or connected to a network (e.g. the musical toy produces sound waves when each component part is connected to one another and the device is activated or paired with an external terminal device), (see [0064], [0070], also figure 2). Shaanti does not explicitly disclose: the volume control buttons, a power button, and charging port are positioned on a back side of the outer body, opposite the front side of the outer body.
However, Zhang in the same field of endeavor teaches that it is well known in the art to position a volume control buttons (19), a power button (21) and charging port (23) on a back side of the outer body, opposite the front side of the outer body (e.g. the back of box body 1 is provided with a volume control button 19, a power button 21, and a charging port 23); (see page 3, paragraphs 1 and 5, also figure 2). Therefore, it would have been obvious to any person having an ordinary skill in the art before the effective filing date of the present invention to incorporate positioning the power button and charging port at the back of the outer body as taught by Zhang in the teachings of Shaanti in order to keep them away from the front view, and thereby further improving the aesthetic appearance of the device.
Regarding Claim 3, Shaanti as modified by Zhang discloses the speaker of claim 1 wherein the speaker is a BLUETOOTH speaker (see Shaanti, [0070]).
Regarding Claim 4, Shaanti as modified by Zhang discloses the speaker of claim 1 wherein the head portion (head part 10) corresponds to the head of an animal while the torso portion, arm portions, hand portions, leg portions, and feet portions resembles a human body (e.g. the body parts of one device can be switched with corresponding parts of another device, in other words, the head part 10 resembling an animal may be switched with another device having head part resembling a human), (see Shaanti, [0068] and figure 3).
Regarding Claim 5, Shaanti as modified by Zhang discloses the speaker of claim 1 but fails to explicitly disclose: wherein the colors, shape, and one or more other characteristics of the outer body along with the sound are associated with a mascot. However, it would be obvious to modify the Melodiman 100 to be associated or related to a mascot by using different head part 10 that resembles an animal with body part that resembles a human, thereby obtaining figurine that is associated with a mascot (see Shaanti, [0068], and figure 3).
Regarding Claim 6, Shaanti as modified by Zhang discloses the speaker of claim 1, but fails to explicitly disclose wherein the volume control buttons are positioned near an area corresponding to an elbow area of the arm portions, respectively, of the outer body. However, it would have been obvious to any person having an ordinary skill in the art to position the volume control buttons near an area corresponding to an elbow area of the arm portions of the outer body if so desired, since it has been held “that the particular placement of an element in a device is an obvious matter of design choice (In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950)); (see MPEP 2144.04 VI C).
Regarding Claim 7, Shaanti as modified by Zhang discloses the speaker of claim 1, but fails to explicitly disclose wherein the volume control buttons are positioned adjacent an area corresponding to an elbow area of the arm portions, respectively, of the outer body. However, it would have been obvious to any person having an ordinary skill in the art to position the volume control buttons adjacent an area corresponding to an elbow area of the arm portions of the outer body if so desired, since it has been held “that the particular placement of an element in a device is an obvious matter of design choice (In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950)); (see MPEP 2144.04 VI C).
Regarding Claim 8, Shaanti as modified by Zhang discloses the speaker of claim 1 wherein the charging port is positioned on a leg portion of the outer body (e.g. the melodiman toy 100 can be charged via the leg portion through platform-base 200 that functions as a charging port), (see Shaanti, [0043] and figure 2).
Regarding Claim 9, Shaanti as modified by Zhang discloses the speaker of claim 1, wherein all of the controls for the speaker are not visible from the front side of the outer body (e.g. the control panel is placed at the back of the speaker body 1), (see Zhang, figure 2).
Regarding Claim 10, Shaanti as modified by Zhang discloses the speaker of claim 1, wherein all of the controls for the speaker are positioned on the back side of the outer body (e.g. the control panel having all the controls is placed at the back of the speaker body 1), (see Zhang, figure 2).
Regarding Claim 11, Shaanti as modified by Zhang discloses the speaker of claim 1, but fails to explicitly disclose wherein the speaker is no more than 11 inches in height and no more than 6 inches in width. However, it would have been obvious to any person having an ordinary skill in the art to configure the speaker such that it is no more than 11 inches in height and no more than 6 inches in width if such would yield an optimum result, since it has been held that "[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955); (see MPEP 2144.05 II A).
Regarding Claim 12, Shaanti discloses a speaker (e.g. a Melodiman musical toy 100), (see at least the abstract) comprising: an outer body forming an enclosure (e.g. external body with inner cavity), (see [0042], and figures 1 and 3), wherein: the outer body is configured to enclose speaker drivers (e.g. speakers 560 are contained within the cavity), (see [0061], and figure 6A); the outer body is configured to house volume control buttons (e.g. volume knob) and a power button (see [0069] and figure 3); the outer body includes a charging port (e.g. a platform-base 200 of the musical toy includes a charging port), (see [0070], and figure 2); the outer body is formed in the shape of a human body having a torso portion, arm portions, hand portions, leg portions, feet portions, and a head portion (e.g. the musical toy 100 is formed in the shape of human body and comprising a head part 10, torso/stomach-part 20, a left-arm-part 30, a right-arm-part 40, a left-leg-part 50 and a right-leg-part 60), (see [0042], also figure 3); the outer body includes openings on a front side of the outer body through a torso portion of the outer body wherein the openings are configured for sound waves to pass through the outer body from the speaker drivers housed in the enclosure (e.g. each part of the musical toy including the torso portion is equipped with accessories such as speakers and associated speaker openings), (see [0064], and figure 3); the speaker is configured to produce sound waves corresponding to a sound based on the head portion when the speaker is powered on, paired with another device, or connected to a network (e.g. the head portion 10 is interchangeable, thus, the sound waves generated will be based on a particular head portion 10 that is selected when the speaker is powered on and paired with external device or connected to a network via Bluetooth); (see Shaanti, [0042], [0061], [0064], [0068], [0070], also figures 2-3 and 6A-6C).
Shaanti does not explicitly disclose: all of the controls for the speaker are positioned on a back side of the outer body, opposite the front side of the outer body.
However, Zhang in the same field of endeavor teaches that it is well known in the art to position all the controls for a speaker on a back side of the outer body, opposite the front side of the outer body (e.g. volume control buttons (19), a power button (21) and charging port (23) are all positioned at the back of box body 1); (see page 3, paragraphs 1 and 5, also figure 2). Therefore, it would have been obvious to any person having an ordinary skill in the art before the effective filing date of the present invention to incorporate positioning the power button and charging port at the back of the outer body as taught by Zhang in the teachings of Shaanti in order to keep them away from the front view, and thereby further improving the aesthetic appearance of the device.
Regarding Claim 13, Shaanti discloses a speaker (e.g. a Melodiman musical toy 100), (see at least the abstract) comprising: an outer body forming an enclosure (e.g. external body with inner cavity), (see [0042], and figures 1 and 3), wherein: the outer body is configured to enclose speaker drivers (e.g. speakers 560 are contained within the cavity), (see [0061], and figure 6A); the outer body is configured to house volume control buttons (e.g. volume knob) and a power button (see [0069] and figure 3); the outer body includes a charging port (e.g. a platform-base 200 of the musical toy includes a charging port), (see [0070], and figure 2); the outer body is formed in the shape of a human body having a torso portion, arm portions, hand portions, leg portions, feet portions, and a head portion (e.g. the musical toy 100 is formed in the shape of human body and comprising a head part 10, torso/stomach-part 20, a left-arm-part 30, a right-arm-part 40, a left-leg-part 50 and a right-leg-part 60), (see [0042], also figure 3); the outer body includes openings on a front side of the outer body through a torso portion of the outer body wherein the openings are configured for sound waves to pass through the outer body from the speaker drivers housed in the enclosure (e.g. each part of the musical toy including the torso portion is equipped with accessories such as speakers and associated speaker openings), the head portion (e.g. head part 10) of the outer body is interchangeable (e.g. each part of the musical toy including the head part 10 is changeable and replaceable); (see [0042], [0061], [0064], and [0068], also figures 3 and 6A-6C); the speaker is configured to produce sound waves corresponding to a sound based on the head portion selected (e.g. speakers 560 produce sound waves based on a specific head portion 10 chosen), (see [0042], [0061] and [0068], also figures 3 and 6A-6C), the speaker being configured to produce the sound waves when the head portion is connected to the remainder of the speaker and the speaker is powered on, paired with another device, or connected to a network (e.g. the musical toy produces sound waves when each component part is connected to one another and the device is activated or paired with an external terminal device), (see [0064], [0070], also figure 2).
Shaanti does not explicitly disclose: the volume control buttons and charging port are positioned on a back side of the outer body, opposite the front side of the outer body.
However, Zhang in the same field of endeavor teaches that it is well known in the art to position a volume control buttons (19) and charging port (23) on a back side of the outer body, opposite the front side of the outer body (e.g. the back of box body 1 is provided with a volume control button 19, a power button 21, and a charging port 23); (see page 3, paragraphs 1 and 5, also figure 2). Therefore, it would have been obvious to any person having an ordinary skill in the art before the effective filing date of the present invention to incorporate positioning the power button and charging port at the back of the outer body as taught by Zhang in the teachings of Shaanti in order to conceal the control buttons and the charging port from the front view, and thereby further improving the aesthetic appearance of the device.
More so, the combination of Shaanti and Zhang further discloses the charging port is positioned on a leg portion of the outer body (e.g. the melodiman toy 100 can be charged via the leg portion through platform-base 200 that functions as a charging port), (see Shaanti, [0043] and figure 2). Meanwhile the combination fails to explicitly disclose that the volume control buttons are positioned adjacent an area corresponding to an elbow area of the arm portions, respectively, of the outer body. However, it would have been obvious to any person having an ordinary skill in the art to position the volume control buttons adjacent an area corresponding to an elbow area of the arm portions of the outer body if so desired, since it has been held “that the particular placement of an element in a device is an obvious matter of design choice (In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950)); (see MPEP 2144.04 VI C).
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shaanti in view of Zhang as applied to claim 1 above, and further in view of Veselaski et al (US PUB 20250310671, hereinafter Veselaski).
Regarding Claim 2, Shaanti as modified by Zhang discloses the speaker of claim 1, but fails to explicitly disclose further comprises detachable cover that is interchangeable wherein the openings configured for sound waves to pass through the outer body from the Speaker drivers housed in the enclosure are formed on the detachable cover.
However, Veselaski in the same field of endeavor teaches that it is well known in the art to provide a speaker with detachable cover that is interchangeable wherein the openings configured for sound waves to pass through the outer body from the Speaker drivers housed in the enclosure are formed on the detachable cover (e.g. a removable grill cover 20 comprising detachable and interchangeable cover 20). (see Veselaski, [0018] and [0022], also figures 5-6). Therefore, it would have been obvious to any person having an ordinary skill in the art to incorporate a detachable cover that is interchangeable and comprising sound openings as taught by Veselaski in the teachings of Shaanti in view of Zhang in order to allow the user to choose different cover suitable for different occasion s further enhance the aesthetic appearance of the speaker without hindering the operational performance.
Allowable Subject Matter
Claim 14 is 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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/OYESOLA C OJO/Primary Examiner, Art Unit 2695