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 § 102
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 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.
Claim(s) 1-6, and 9-12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ling et al. (CN 109218924) herein Ling.
Regarding claim 1, Ling discloses a diaphragm for a miniature sound generation device (diaphragm for a mini sound generation device, [0038]-[0087]), wherein the diaphragm comprises a rubber film layer formed by cross-linking reaction of an acrylate polymer, wherein the acrylate polymer contains carboxylic acid group, and the cross-linking agent is an amine cross-linking agent (diaphragm comprises ethylene-acrylate copolymer and ethylene-acrylic ester-carboxylic acid copolymer with amine cross-linking polymer, [Abstract], [0005], [0006]).
Regarding claim 2, Ling discloses wherein a monomer of the acrylate polymer comprises vinyl unsaturated monocarboxylic acid and/or vinyl unsaturated dicarboxylic acid (monomer comprises vinyl unsaturated monocarboxylic acid, [0051]-[0056]).
Regarding claim 3, Ling discloses wherein: the vinyl unsaturated monocarboxylic acid is one or more selected from a group consisting of acrylic acid, methacrylic acid, ethylacrylic acid, crotonic acid, and cinnamic acid; the vinyl unsaturated dicarboxylic acid is one or more selected from a group consisting of fumaric acid, maleic acid, glutaconic acid, allyl malonic acid, mesaconic acid, teraconic acid, itaconic acid, and citraconic acid (vinyl unsaturated monocarboxylic acid is selected from a group having vinyl-acrylic, [Abstract], [0060]).
Regarding claim 4, Ling discloses wherein the acrylate polymer has a carboxylic acid group content of 0.1wt% to 5wt% (crosslinking agent has a total weight % between 0.1% weight to 20% weight, [0059]).
Regarding claim 5, Ling discloses wherein the amine cross-linking agent is added in an amount of 0.5 wt% to 5wt% based on the mass of the acrylate polymer (crosslinking age is added in the amount of 0.1%-20% weight, [0059]).
Regarding claim 6, Ling discloses wherein the amine cross-linking agent is one or more selected from a group consisting of hexamethylenediamine, hexamethylenediamine salt, hexamethylenediamine carbamate, triethylenetetramine, 2,2'-methylenediphenylamine, and di-o-tolylguanidine (amine cross-linking agent comprises hexamethylenediamine/hexamethylenediamine carbamate, triethylene tetra-amine, [0015]).
Regarding claim 9, Ling discloses wherein the diaphragm is obtained by mixing the acrylate polymer with the cross-linking agent to obtain a mixed rubber, and processing the mixed rubber into a film through a film-forming process, followed by a molding treatment; wherein the molding treatment is air pressure molding (diaphragm obtained by mixing the acrylate polymer with the cross-linking agent to obtain a mixed rubber and processing the mixed rubber into a film through a film forming process, followed by a molding treatment (molding treatment can be air pressure molding), [0057]-[0058], [0075]).
Regarding claim 10, Ling discloses wherein the rubber has a hardness of 45A to 85A (vibration membrane hardness 30A-90A, [0086]).
Regarding claim 11, Ling discloses wherein the diaphragm has a thickness of 20pm to 200pm (thickness of diaphragm 10-200 pm, [0084]).
Regarding claim 12, Ling discloses a miniature sound generation device, comprising a vibration system and a magnetic circuit system cooperating with the vibration system; wherein the vibration system comprises a diaphragm and a voice coil attached to one side of the diaphragm, the magnetic circuit system drives the voice coil to vibrate, thereby causing the diaphragm to generate sound, and the diaphragm is the diaphragm for miniature sound generation device as claimed in claim 1 (sound producing device has a magnetic circuit system with a vibration system, said vibration film with voice coil attached to one side of the diaphragm, the magnetic circuit drives the voice coil to vibrate, and the diaphragm to generate sound, [0023],[0087]).
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) 7 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Ling et al. (CN 109218924) herein Ling in view of Hui et al. (WO 2021/208473) herein Hui.
Regarding claim 7, while Ling does not specifically teach wherein the rubber film layer has a glass transition temperature of -40*C to -15*C, it is well known in the art to have a rubber film layer have a glass transition temperature of -40*C to -15*C as demonstrated by Hui (preferably glass transition temperature of the foamed rubber is -80*C to -30*C, Hui: page 4 lines 11-14).
Therefore, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the claimed invention to modify the rubber film layer of Ling to have a glass transition temperature of -40*C to -15*C as demonstrated by Hui in order to ensure the diaphragm has a high elastic state at room temperature and good resilience (Hui: page 4 lines 11-14).
Regarding claim 8, while Ling does not specifically teach wherein the rubber film layer has a recovery rate of 80% or more at a strain of 20%, it is well known in the art to have a rubber film layer has a recovery rate of 80% or more at a strain of 20%as demonstrated by Hui (rubber recovery rate is greater than 80% after 10% strain, Hui: page 2 line 12, page 8 lines 12-14).
Therefore, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the claimed invention to modify the rubber film layer of Ling to have a recovery rate of 80% or more at a strain of 20%as demonstrated by Hui in order to enable the diaphragm to have a better transient response and lower distortion (Hui: page 8 lines 12-14).
Conclusion
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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/SEAN H NGUYEN/Primary Examiner, Art Unit 2691