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 .
Claim Rejections - 35 USC § 112
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 1-15 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.
Regarding claim 1, the phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Claims 2-15 depend from claim 1 and therefore are indefinite because of the phrase "such as" in claim 1.
Claim 3 recites the limitations “the balance point” and “the free end” in the last line. There is insufficient antecedent basis for this limitation in the claim.
Claim 4 recites the limitations “the proximal end” and “the distal end” in the second and third line, respectively. There is insufficient antecedent basis for this limitation in the claim. Contrast with claim 2 limitations where the first housing part constitutes a first arm and recites the distal end. Claim 2 provides antecedent basis for limitation of the distal end in claim 2 because the first arm inherently has a distal end (i.e., the first housing part does not inherently have these features in claim 4).
Claim 6 recites the limitations “the cylindrical geometry” in the last line. There is insufficient antecedent basis for this limitation in the claim.
Claim 9 recites the limitations “the proximal end”, “the counterweight”, “the balance point” and “the counterweight”, and “the stand” in the third to last line. There is insufficient antecedent basis for this limitation in the claim.
Claim 11 recites the limitations “the first membrane” in the second line. There is insufficient antecedent basis for this limitation in the claim.
Claim 15 recites the limitations “the first magnet” and “the second magnet” in the second line. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 102
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 5-8, and 12 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Liniado et al. (US 2020/0128328 A1 and hereafter Liniado).
Regarding claim 1, Liniado anticipates
“A speaker system such as for stereoscopic sounds, comprising:
a first loudspeaker and a second loudspeaker” (see Liniado, figure 15A, units 1510, 1530, and 1550a, and ¶ 0112-0113, where a first loudspeaker comprises the speaker component located within a housing and the second loudspeaker is a secondary speaker module that is removable from the housing),
“the first loudspeaker or the second loudspeaker comprising a wireless communications module for communicating with a mobile device” (see Liniado, ¶ 0011 and 0117, where the primary speaker module has an interface for wireless communication for input from another device),
“the first loudspeaker comprising:
a first speaker cabinet part enclosing a first speaker unit for outputting sound” (see Liniado, figures 15A-B and 16, units 1590a-d and ¶ 0121, where arcuate segments surround the first speaker), and
“a first housing part connected to said first speaker cabinet part” (see Liniado, figure 15C, units 1560 and 1570, figure 16, units 1570 and 1590a-d, and ¶ 0114 and 0121, where the arcuate segments are connected to the side and/or back walls),
“the first loudspeaker having a first shape defining a first cavity” (see Liniado, figures 16, unit 1540a and ¶ 0113, where there is a first storage cavity for storing the second loudspeaker), and
“the second loudspeaker comprising a second speaker cabinet part enclosing a second speaker unit for outputting sound” (see Liniado, figure 17, unit 1550a),
“the second speaker cabinet part fitting in the first cavity such that the speaker system constituting a single unit or integral unit when transporting the speaker system in a transport state” (see Liniado, figure 15A and ¶ 0113 and 0119, where the second loudspeaker is stored in the first cavity, the speaker system is in a first configuration that is configured for easy transport),
“and a pair of stereo units for placing apart for playing stereoscopic sounds” (see Liniado, ¶ 0115, where the speakers when in a second configuration, such as when the second loudspeaker has been removed and the loudspeakers are arranged about a listening space, the system provides distinct audio channels, such as left and right stereo channels, to the different loudspeakers).
Regarding claim 5, see the preceding rejection with respect to claim 1 above. Liniado anticipates the “speaker system according to claim 1, the first speaker cabinet part having a shape of a cylindrical geometry” (see Liniado, figures 15A-B and 16, units 1590a-d and ¶ 0121, where arcuate segments surround the first speaker).
Regarding claim 6, see the preceding rejection with respect to claim 1 above. Liniado anticipates the “speaker system according to claim 1, the first speaker unit having a loudspeaker axis substantially parallel to the axis of the cylindrical geometry” (see Liniado, figures 15A-B and 16, units 1530 and 1590a-d, and ¶ 0121, where arcuate segments surround the first speaker and the speaker is illustrated in this orientation).
Regarding claim 7, see the preceding rejection with respect to claim 1 above. Liniado anticipates the “speaker system according to claim 1, the first housing part extending around the second speaker cabinet part for more than 180 degrees when the speaker system being in the transport state” (see Liniado, figure 15B, units 1550a, 1570, and 1590a, figure 16, units 1540a and 1570, figure 17, unit 1550a, and ¶ 0120, where the first housing part extends around the perimeter of the second speaker cabinet when the second speaker cabinet is placed within the cavity made by the first housing part).
Regarding claim 8, see the preceding rejection with respect to claim 1 above. Liniado anticipates the “speaker system according to claim 1, the first loudspeaker comprising a stand” (see Liniado, figure 15C, unit 1620 and ¶ 0119, where the first loudspeaker comprises a stand, such as the portion opposite the illustrated wheels).
Regarding claim 12, see the preceding rejection with respect to claim 1 above. Liniado anticipates the “speaker system according to claim 1, the second loudspeaker having a second wireless communications module for communicating with the mobile device or the first loudspeaker” (see Liniado, ¶ 0007 and 0112, where the primary output module wirelessly broadcasts audio to the secondary speaker, such that the second speaker has a wireless communication module).
Claim(s) 1, 10-11, and 14-15 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Guo et al. (US 2015/0139464 A1 and hereafter Guo).
Regarding claim 1, Guo anticipates
“A speaker system such as for stereoscopic sounds, comprising:
a first loudspeaker and a second loudspeaker” (see Guo, figure 1, units 10 and 20, figure 6, unit 130, ¶ 0026, 0038, and 0040-0041, where each speaker portion comprises a speaker driver to generate sounds),
“the first loudspeaker or the second loudspeaker comprising a wireless communications module for communicating with a mobile device” (see Guo, figure 6, unit 190 and ¶ 0049-0050, where Bluetooth connectivity to another device is provided with electronics inside the speaker housing),
“the first loudspeaker comprising:
a first speaker cabinet part enclosing a first speaker unit for outputting sound” (see Guo, figure 1, unit 15, figure 6, units 110 and 115, and ¶ 0026 and 0039, where the first loudspeaker is provided with a shell and cover), and
“a first housing part connected to said first speaker cabinet part” (see Guo, figure 2, units 40 and 50, figure 6, units 115 and 180, figure 10, and ¶ 0030 and 0053, where there is a decorative cover connected to the housing to cover the end of the loudspeaker),
“the first loudspeaker having a first shape defining a first cavity” (see Guo, figure 6, units 170, 175, and 180, figure 10, units 170a and 220, and ¶ 0053, where there is an indentation, or cavity, to mate with the second loudspeaker), and
“the second loudspeaker comprising a second speaker cabinet part enclosing a second speaker unit for outputting sound” (see Guo, figure 1, unit 25, figure 6, units 110 and 115, and ¶ 0026 and 0039, where the second loudspeaker is provided with a shell and cover),
“the second speaker cabinet part fitting in the first cavity such that the speaker system constituting a single unit or integral unit when transporting the speaker system in a transport state” (see Guo, figures 1 and 4B, and ¶ 0030 and 0053, where the second speaker cabinet fits in the indentation of the first speaker so that the loudspeaker system can be carried),
“and a pair of stereo units for placing apart for playing stereoscopic sounds” (see Guo, figure 4C and ¶ 0031, where the speakers are placed apart for spatial sound playback).
Regarding claim 10, see the preceding rejection with respect to claim 1 above. Guo anticipates the “speaker system according to claim 1, the first loudspeaker comprising a first membrane behind the first speaker unit, the first membrane constituting a passive radiator” (see Guo, figures 6 and 7, units 130, and 155, and ¶ 0044, where a passive radiator is behind the first speaker unit to improve bass response).
Regarding claim 11, see the preceding rejection with respect to claim 1 above. Guo anticipates the “speaker system according to claim 1, the first membrane defining a part of a speaker cabinet side wall dividing the inside from the outside of the first housing part” (see Guo, figure 6, units 115, 155, 170, 175, 180, 185, and 195, figure 7, unit 155, and ¶ 0044 and 0046, where the first membrane, or passive radiator divides the inside of the housing from the openings in the housing that allow the low frequency radiation to pass).
Regarding claim 14, see the preceding rejection with respect to claim 1 above. Guo anticipates the “speaker system according to claim 1, the first loudspeaker comprising a first magnet and the second loudspeaker comprising a second magnet” (see Guo, figure 6, unit 170, figure 10, units 170a-170b, and ¶ 0053, where the speakers have magnets in order to mate in an interlocking fashion).
Regarding claim 15, see the preceding rejection with respect to claim 1 above. Guo anticipates the “speaker system according to claim 1, the first magnet arranged adjacent the second magnet when the speaker system being in the transport state such that a magnetic force forcing the first loudspeaker together with the second loudspeaker” (see Guo, figures 1 and 4B, and ¶ 0030 and 0053, where the second speaker cabinet fits in the indentation of the first speaker so that the loudspeaker system can be carried when mated in an interlocking fashion by the magnetic coupling).
Claim Rejections - 35 USC § 103
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.
Claim(s) 2, 4, and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Guo as applied to claim 1 above, and further in view of Wu et al. (CN 210807542 U, provided with a machine translation by applicant with an IDS received 7/26/2024 as Sichuan Ruihao Microelectronics Tech, and hereafter Wu; the following citations are based on the provided machine translation).
Regarding claim 2, see the preceding rejection with respect to claim 1 above. Guo anticipates the speaker system according to claim 1, but does not appear to teach the features where the “first housing part constituting a first arm”.
Wu teaches a detachable combined sound box, such that two sound boxes are combined to form a Tai Chi shape, where the first sound box is in the shape of a yang symbol and the second sound box is in the shape of a yin symbol (see Wu, abstract, ¶ 0018-0019, and figure 1). It would have been obvious to one of ordinary skill in the art at the time of the effective filing date to modify Guo with the teachings of Wu for the purpose of designing a loudspeaker system with aesthetic appeal (see Guo, figure 1, unit 10, figures 4B-4C and 5A-5D, and ¶ 0032, in view of Wu, ¶ 0004 and 0009).
Therefore, the combination of Guo and Wu makes obvious the “speaker system according to claim 1, the first housing part constituting a first arm, the first arm being hook shaped or U-shaped or C-shaped, the distal end of the first arm being a free end” (see Guo, figure 1, unit 10, figures 4B-4C and 5A-5D, and ¶ 0032, in view of Wu, ¶ 0004, 0009, 0019, and 0023, and figure 1, units 11 and 13, where it is obvious to design different shaped loudspeakers with the same releasable coupling, such that a first loudspeaker housing has a first arm in a hook-like shape as exemplified by the yang shape with a loudspeaker in the ‘fish eyes’ position).
Regarding claim 4, see the preceding rejection with respect to claim 1 above. Guo anticipates the speaker system according to claim 1, but does not appear to teach the features where “the proximal end of the first housing part at the first speaker cabinet part being wider than the distal end of the first housing part”.
For the same reasons as stated above with respect to claim 3, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date to modify Guo with the teachings of Wu for the purpose of designing a loudspeaker system with aesthetic appeal (see Guo, figure 1, unit 10, figures 4B-4C and 5A-5D, and ¶ 0032, in view of Wu, ¶ 0004 and 0009).
Therefore, the combination of Guo and Wu makes obvious the “speaker system according to claim 1, the proximal end of the first housing part at the first speaker cabinet part being wider than the distal end of the first housing part” (see Guo, figure 1, unit 10, figures 4B-4C and 5A-5D, and ¶ 0032, in view of Wu, ¶ 0004, 0009, 0019, and 0023, and figure 1, unit 11, where it is obvious to design different shaped loudspeakers with the same releasable coupling, such that a first loudspeaker housing has a wider section at one end and a narrower section at the other).
Regarding claim 13, see the preceding rejection with respect to claim 1 above. Guo anticipates the speaker system according to claim 1, but does not appear to teach the features where the second housing part constitutes a first arm.
For the same reasons as stated above with respect to claim 3, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date to modify Guo with the teachings of Wu for the purpose of designing a loudspeaker system with aesthetic appeal (see Guo, figure 1, unit 10, figures 4B-4C and 5A-5D, and ¶ 0032, in view of Wu, ¶ 0004 and 0009).
Therefore, the combination of Guo and Wu makes obvious the “speaker system according to claim 1, the second loudspeaker comprising a second housing part connected to the second speaker cabinet part and constituting a second arm, being hook shaped or U- shaped, the distal end of the second arm being a free end” (see Guo, figure 1, unit 20, figures 4B-4C and 5A-5D, and ¶ 0032, in view of Wu, ¶ 0004, 0009, 0019, and 0023, and figure 1, units 12 and 14, where it is obvious to design different shaped loudspeakers with the same releasable coupling, such that the second loudspeaker housing has a second arm in a hook-like shape as exemplified by the yin shape with a loudspeaker in the ‘fish eyes’ position).
Claim(s) 3 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Guo as applied to claim 1 above, and further in view of well-known prior art.
Regarding claim 3, see the preceding rejection with respect to claim 1 above. Guo anticipates the speaker system according to claim 1”, but does not explicitly state where a balance point is arranged in the speaker system.
The office takes Official Notice that a balance point of a device is well known to one of ordinary skill in the art (OOSITA) at the time of the effective filing date. OOSITA would have found it obvious to design the speaker according to well-known design considerations, including, but not limited to, providing an appropriate center of balance for the loudspeaker units in the closed or open state, such that the loudspeakers would be appropriately oriented when placed on a surface or when carried (see Guo, figures 4A-4D and ¶ 0030-0031). Therefore, it would have been obvious to OOSITA at the time of the effective filing date to modify Guo with the well-known prior art to provide an improved user experience where the loudspeaker units are sufficiently oriented when placed on a surface or when carried (see Guo, figures 4A-4D and ¶ 0030-0031).
Therefore the combination of Guo and the well-known prior art makes obvious the “speaker system according to claim 1, the balance point arranged at the free end” because it is obvious to provide a balance point at the free ends to provide a balanced carrying position with respect to the loudspeakers when the free ends are joined (see Guo, figures 4A-4D and ¶ 0030-0031).
Regarding claim 9, see the preceding rejection with respect to claim 1 above. Guo anticipates the “speaker system according to claim 1, the first loudspeaker comprising a first battery, the first battery arranged in the first housing part, at the proximal end of the first housing part, …” (see Guo, figure 6, unit 135 and ¶ 0038 and 0042, where a rechargeable battery is within the first loudspeaker).
Guo does not appear to teach a counterweight in the speaker, and/or the loudspeaker on a stand.
The office takes Official Notice that a counterweight and loudspeaker stands are well known to one of ordinary skill in the art (OOSITA) at the time of the effective filing date. OOSITA would have found it obvious to provide a counterweight in the speaker based on obvious design considerations, including, but not limited to, providing an appropriate center of balance for the loudspeaker units in the closed or open state, provide weight to provide the end-user with the perception that the loudspeaker unit is a high quality device, etc. OOSITA would have found it obvious to provide speaker stands based on obvious design considerations, including, but not limited to, providing the loudspeaker to radiate sound in a particular direction for a desired spatial audio experience (see Guo, figures 4C and 5A-5D and ¶ 0031-0032). Therefore, it would have been obvious to OOSITA at the time of the effective filing date to modify Guo with the well-known prior art to provide an improved user experience with respect to a desired spatial audio experience (see Guo, figures 4C and 5A-5D and ¶ 0031-0032).
Therefore the combination of Guo and the well-known prior art makes obvious the features where the first battery is arranged “between the counterweight and the speaker unit, closer to the balance point than the speaker unit or the counterweight when viewed in a plane of a surface supporting the loudspeaker on the stand” because it is obvious to OOSITA to design the loudspeaker with a desired center of balance when placed on a stand for a desired spatial audio experience (see Guo, figures 4C and 5A-5D and ¶ 0031-0032).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Walter et al. (US 2015/0049895 A1 and hereafter Walter) teaches an expandable speaker, where two speakers are removably placed in a carrier (see Walter, abstract and figures 3A-3V);
Wang et al. (US 2018/0035210 A1 and hereafter Wang) teaches a portable speaker and assembly (see Wang, abstract and figures 1-7); and
Mihara et al. (US 11,683,626 B2 and hereafter Mihara) teaches a sound output device, where the sound output device is placed around the auricle of a user and two sound output devices can be engaged to each other for better portability and usability (see Mihara, abstract, figures 1-12, column 4, lines 1-11, column 11, lines 48-51, and column 12, lines 25-34).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Daniel R Sellers whose telephone number is (571)272-7528. The examiner can normally be reached Mon - Fri 10:00-4:00.
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/Daniel R Sellers/Primary Examiner, Art Unit 2694