DETAILED ACTION
This Office Action is in response to applicant’s communication filed on 12.2.24. In view of this communication, claims 1-11 are now pending in this application.
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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims.
Claim 5 recites “rabbet”. Para 0077 of Specification recites “rabbet of the limiting groove 55a” which Examiner will interpret as “rabbet”.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claims below are objected to because of the following informalities:
Claim 8 recites “ends” and further down “the first end”. Examiner interprets “the first end” to be part of “ends”.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
Claims 2-3 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 2 recites the limitations “with respective sides thereof facing each other having opposite polarities”. Further specification Para 0071 recites “the second end 42 is a second magnetic member, and polarities of their respective sides facing each other are opposite. The present embodiment brakes the vibration part 30 by a repulsive force between the first magnetic member and the second magnetic member”. It is not clear from the specification or claim how opposite polarities lead to repulsive force. To advance prosecution, Examiner will only interpret polarities that create repulsive force.
Claim 3 is rejected due to their dependency on Claim 2 .
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 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
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.
Claims 1-3, 6-7, 9-11 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al (CN208092660 English translation), hereinafter Zhang in view of Zhu et al (CN107834801A English translation), hereinafter Zhu.
Regarding Claim 1, Zhang discloses (Figs 1,4,6) a drive exciter (Fig 1), comprising:
a bracket comprising an installation member (1) and a guiding structure (41) connected [0036] to the installation member;
a vibration part (4) movably connected to the guiding structure and provided with a vibratile vibration member (42);
a latch part (45) comprising a driving member (45) connected to the installation member (1); and
at least a latch member (45 end that is connected to 42) connected to an output end of the driving member,
wherein the drive exciter has a first state (vibration state) where the latch member (45) abuts against the vibration part (42)and a second state [0053,0054 discloses “standby mode”] where the latch member is disengaged [0054 discloses 42 is locked] from the vibration part; the vibration part is configured to move towards (when 42 is not locked it will move towards (1) the installation member. Zhang does not explicitly disclose a braking part comprising a first end and a second end which are oppositely provided, the first end being connected to the vibration part, and the second end being connected to the installation member and the first end is configured to interact with the second end such that the first end is separated from the second end.
Zhu discloses (Fig 2) a braking part (21,22 left and right) comprising a first end (21) and a second end (22) which are oppositely provided, the first end (21) being connected to the vibration part (18) , and the second end (22) being connected to the installation member (12) and the first end is configured to interact with the second end such that the first end is separated from the second end [0018 discloses repulsive force increases when away from equilibrium which is in the center when 21 is not in contact with 22 on both sides].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have formed exciter of Zhang modified by braking structure of Zhu in order to provide a non linear vibration experience using electromagnetic or magnetic repulsion.
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Regarding Claim 2, Zhang in view of Zhu discloses the drive exciter according to claim 1. Zhang in view of Zhu further discloses wherein the first end (21) and the second end (22) comprise a first magnetic member and a second magnetic member respectively [0030], with respective sides thereof facing each other (21,22 left and right) having
Regarding Claim 3, Zhang in view of Zhu discloses the drive exciter according to claim 2. Zhang in view of Zhu further discloses wherein a surface of the vibration part is provided with a boss, the first magnetic member is provided on the boss, the braking part is further provided with a magnetic yoke connected to the installation member, the magnetic yoke is provided with a magnetic shielding slot, and the second magnetic member is provided in the magnetic shielding slot: and/or, the first magnetic member (21) and the second magnetic member (22) are permanent magnets (Para 0056, 21,22 are either permanent magnet is or magnetic rubber which can be interpreted same as permanent magnets).
Regarding Claim 6, Zhang in view of Zhu discloses the drive exciter according to claim 1. Zhang in view of Zhu further discloses wherein the latch part (45) comprises two latch members (2 ends of 45 Fig 7), which are located on both sides (left and right) of the vibration part (42) to form a limiting space [0050 discloses limiting space], and the driving member (45) is connected to at least one of the latch members (45 end); wherein in the first state, the vibration part is limited in the limiting space [0050].
Regarding Claim 7, Zhang in view of Zhu discloses the drive exciter according to claim 1. Zhang in view of Zhu further discloses wherein the driving member is provided with a rotation shaft, with the latch member being a locking rod, a first end of the latch member being connected to the rotation shaft, and a length direction of the latch member being arranged at an angle with an extension direction of the rotation shaft: or, the driving member (45 is configured to drive the latch member (45 ends) to move in a straight line [0040 discloses reciprocation], with a movement direction of the latch member (45 plane) arranged at an angle with a vibration direction of the vibration member (42 can vibrate in any direction due to its degree of freedom, further even 0 degree is an angle).
Regarding Claim 9, Zhang in view of Zhu discloses the drive exciter according to claim 1. Zhang in view of Zhu further discloses further comprises a resetting member comprising a spring (43,44), two ends of which are elastically connected to surfaces of the vibration part and the installation member (1,2,3)[0037 discloses “A first elastic member 43 is provided between the oscillator 42 and the fixing member 2, and a second elastic member 44 is provided between the oscillator 42 and the support member 3”].
Regarding Claim 10, Zhang in view of Zhu discloses the drive exciter according to claim 1. Zhang in view of Zhu further discloses further comprises two installation members (1,2 and 1,3) opposite (Fig 1) to each other, and two latch parts (0039 discloses 45,45 each of which is opposite to each other) opposite to each other (Fig 4), with two ends of the guiding structure (41,41) connected to the two installation members (1,2 and 1,3); two latch parts are provided in parallel (Fig 4) on both sides of the vibration part (42), one driving member (45) is connected to the latch member (45e), and the latch member (45e) is provided between the vibration part (42) and the installation member (1,2 and 1,3) to form a limiting space [0050 discloses limiting space); wherein in the first state (vibration state), the vibration part is limited in the limiting space [0050] but does not explicitly disclose two braking parts opposite to each other and the two braking parts are oppositely provided on the two installation members .
Zhu further discloses (Fig 2) two braking parts (21,22 left and right) opposite to each other (Fig 2) and the two braking parts are oppositely (Fig 2) provided on the two installation members (12,12 left and right) .
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have formed exciter of Zhang in view of Zhu modified by opposite braking structure as further taught by Zhu in order to provide a non linear vibration experience using electromagnetic or magnetic repulsion in a symmetric fashion in order to increase the band width of non linear vibration experience .
Regarding Claim 11, Zhang in view of Zhu further discloses an electronic device [0053], comprising a drive exciter (Fig 1) according to claim 1.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Zhang in view of Zhu and Zu et al (CN205092751U English translation ), hereinafter Zu.
Regarding Claim 4, Zhang in view of Zhu discloses the drive exciter according to claim 1. Zhang in view of Zhu further discloses wherein the braking part (Zhu, Fig 2, 21,22), with two ends thereof forming the first end (21) and the second end (22) respectively but does not explicitly disclose it comprises an air spring.
Zu discloses (Fig 2) braking part (6a,6b) comprises an air spring [Para 0045].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have formed exciter of Zhang in view of Zhu modified by air spring structure as taught by Zu in order to enhance balance, reduce braking time and improve user vibration experience .
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Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Zhang in view of Zhu and Wang et al (US20200044542A1), hereinafter Wang.
Regarding Claim 8, Zhang in view of Zhu discloses the drive exciter according to claim 1. Zhang in view of Zhu further discloses wherein the guiding structure comprises at least two guiderods (Fig 4, 41,41) extending along a vibration direction (41 direction) of the vibration member (42), and ends of the guiderods are fixed to the installation member (1)[0056]: the vibration part (4) comprises: a housing (1,2,3) provided , the housing enclosing a vibration space (1,2 and 1,3 has space between left and right ends in Fig 4), and the first end being connected [0056] to the housing; a vibration member (42) provided within the vibration space vibrationally; and two spring leaves (44,43) provided on both sides of the vibration member (42) along the vibration direction (41 direction) of the vibration member, the spring leaves being connected (Fig 1) to the housing and an end of the vibration member [0036] but does not explicitly disclose housing with a shaft liner at a side surface thereof, the shaft liner being movably sleeved on the guiderod.
Wang discloses (Fig 8) housing (2101) with a shaft liner (2202) at a side surface thereof, the shaft liner being movably sleeved on the guiderod (2201).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have formed exciter of Zhang in view of Zhu modified by shaft liner structure as taught by Wang in order to provide a smooth way for shaft to move relative to housing a provide a better user vibration experience .
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Allowable Subject Matter
Claim 5 is objected to as being dependent upon a rejected base claim, but would be allowable (See claim objection) if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Claim 5 recites “ The drive exciter according to claim 1, wherein the installation member comprises: an installation body provided with an installation slot and a clearance hole provided on a bottom wall of the installation slot, the guiding structure being connected to the installation body; and a coverplate sealing a rabbet of the installation slot and removably connected to the installation body, the second end being fixedly connected to the coverplate through the clearance hole”. Neither Zhang, Zhu, Wang or Zu disclose this specific structure. Therefore claim 5 is allowable.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Nakamura et al(US20200358347A1) discloses relevant structure for linear vibration actuator
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VISWANATHAN SUBRAMANIAN whose telephone number is (571)272-4814. The examiner can normally be reached Monday - Friday 8:30 am - 5:00 pm.
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/VISWANATHAN SUBRAMANIAN/Examiner, Art Unit 2834
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