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 .
DETAILED ACTION
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory obviousness-type double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the conflicting application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement.
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
Claims 1-20 are provisionally rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-31 of co-pending application no. 18/745214 and claims 1-20 of co-pending application no. 11/8940331. Although the conflicting claims are not identical, they are not patentably distinct from each other because claim in the pending application is broader than the one in co-pending application, In re Van Ornum and Stang, 214 USPQT61, broad claims in the pending application are rejected as obvious double patenting over previously patented narrow claims. For example, for co-pending application 18/745214, the subject matter claimed in claim 1 of the pending application is covered by claim 1 of the co-pending application except wherein an adhesive force of the protection member in contact with the vibration apparatus and the vibration member and an adhesive force of the coupling member in contact with the vibration member are different.
Similarly, for co-pending application 18/940331, the subject matter claimed in claim 1 of the pending application is covered by claim 1 of the co-pending application except a hook member coupled to an inner surface of the enclosure in the internal space, wherein the coupling part is accommodated into the opening part and an opening hole of the interior material, and a sound based on a vibration of the sound generating module is output to the interior space through the internal space and the hollow part.
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.
Claim 9 is 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 pre-AIA the applicant regards as the invention.
Claim 1 recites the limitation “the interior ceiling” in line 6, “the walls” in line 6 of the claim. There is insufficient antecedent basis for this limitation in the claim.
Claims 10, 19 and 28 are rejected for the same reasons as discussed above with respect to claim 1. Since claims 2-9, 11-18 and 20-27 are dependent claims, these claims are also rejected.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 9 is under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Regarding claim 9, limitations “a gap space between the plate member and the vibration apparatus, wherein the gap space overlaps the opening part of the enclosure” in lines 1-3 of the claim were not disclosed in the original specification. According to the original specification, the first connection member 383 of the connection member 380 can be connected (or attached) to the center portion (or the first portion) of the enclosure 310 or the first enclosure 311 so that the hole 380o overlaps (or is connected to) the enclosure 310 or the first enclosure 311 (see paragraph 0503). The claimed limitations have not been sufficiently set forth within the specification. The original specification is insufficient to establish a gap space between the plate member and the vibration apparatus, wherein the gap space overlaps the opening part of the enclosure (see MPEP § 608.01(v)). Therefore, the one ordinary skilled in the art cannot determine the requirement of the gap space between the plate member and the vibration apparatus, wherein the gap space overlaps the opening part of the enclosure without performing any undue experimentation to practice the invention undue or unreasonable (see MPEP § 2164.01).
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Specification
The lengthy 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.
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.
Claim(s) 1 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kakinuma et al. (JP H10-108297 using an English machine translation).
Regarding claim 1, Kakinuma discloses a sound apparatus, comprising:
a sound generating module (7) including a vibration member (5) and a vibration apparatus (1) configured at the vibration member (see Fig. 6);
a protection member (19A) [i.e., plate member] at the sound generating module (see Fig. 6), AND
an enclosure (19B) disposed at the sound generating module (see Fig. 6).
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.
Claim(s) 1-8 and 10-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mitsugi (JP2013-74464, provided by Applicant. Machine translation attached), in view of Kim (US 20200314551 A1).
Regarding Claim 1, Mitsugi teaches:
a sound apparatus (Fig. 1), comprising:
a sound generating module (at least elements 1-7 constitute an electro-magnetic transducer), including a vibration member (diaphragm 7); and a vibration apparatus configured at the vibration member (elements 6, 11);
an enclosure (9, 10) at the sound generating module (fig.1).
However, Mitsugi does not specifically teach: a plate member at the sound generating module. In a related field, Kim teaches to use a plate member at the sound generating module ([0082]-[0085]). Therefore, it would have been obvious to a person of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Mitsugi to include a plate member at the sound generating module. Motivation for doing so would lie in transferring vibration conveniently.
Regarding Claim 2, Mitsugi does not specifically teach: wherein the plate member is spaced apart from the enclosure, or the plate member is connected to the vibration apparatus. In a related field, Kim teaches wherein the plate member is spaced apart from the enclosure, or the plate member is connected to the vibration apparatus ([0082]-[0085]). Therefore, it would have been obvious to a person of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Mitsugi to include wherein the plate member is spaced apart from the enclosure, or the plate member is connected to the vibration apparatus. Motivation for doing so would lie in transferring vibration conveniently.
Regarding Claim 3, Mitsugi does not specifically teach: a gap space between the plate member and the vibration apparatus. In a related field, Kim teaches a gap space between the plate member and the vibration apparatus ([0082]-[0085]). Therefore, it would have been obvious to a person of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Mitsugi to include a gap space between the plate member and the vibration apparatus. Motivation for doing so would lie in doing vibration more flexibly.
Regarding Claim 4, Mitsugi does not specifically teach: wherein the plate member comprises: a plate; and a supporting member between the plate and the vibration apparatus. In a related field, Kim teaches wherein the plate member comprises: a plate and a supporting member between the plate and the vibration apparatus ([0082]-[0085]). Therefore, it would have been obvious to a person of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Mitsugi to include wherein the plate member comprises: a plate; and a supporting member between the plate and the vibration apparatus. Motivation for doing so would lie in providing vibration more flexibly than that of the entire front surface of the vibration member.
Regarding Claim 5, Mitsugi does not specifically teach: wherein the plate includes a plastic material or a metal material. In a related field, Kim teaches wherein the plate includes a plastic material or a metal material ([0089]). Therefore, it would have been obvious to a person of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Mitsugi to include wherein the plate includes a plastic material or a metal material. Motivation for doing so would lie in order to provide excellent vibration transfer property.
Regarding Claim 6, Mitsugi teaches: wherein the vibration apparatus (elements 1-6) comprises: a first vibration apparatus configured at a first surface of the vibration member (7); and a second vibration apparatus connected to a second surface of the vibration member (7), or connected to the first vibration apparatus, the second surface being different from the first surface of the vibration member (other side of 7).
However, Mitsugi does not specifically teach: wherein the plate member is connected to the second vibration apparatus. Kim teaches wherein the plate member is connected to the second vibration apparatus ([0082]-[0085]). Therefore, it would have been obvious to a person of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Mitsugi to include wherein the plate member is connected to the second vibration apparatus. Motivation for doing so would lie in transferring vibration conveniently.
Regarding Claim 7, Mitsugi teaches: wherein the enclosure comprises an internal space, and wherein the vibration apparatus (Fig.1) is disposed at the internal space of the enclosure (at least elements 1-7 constitute an electro-magnetic transducer).
Regarding Claim 8, Mitsugi teaches: wherein the enclosure (9, 10) comprises an opening part connected to the internal space (22 and area adjacent 10a) of the enclosure (fig.1).
Regarding Claim 10, Mitsugi teaches: wherein the enclosure comprises a first enclosure and a second enclosure (9, 10) which provide the internal space the internal space (22 and area adjacent 10a) of the enclosure (fig.1).
However, Mitsugi does not specifically teach: wherein the sound generating module and the plate member are configured at the internal space of the enclosure. Kim teaches wherein the sound generating module and the plate member are configured at the internal space of the enclosure ([0082]-[0085]). Therefore, it would have been obvious to a person of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Mitsugi to include wherein the sound generating module and the plate member are configured at the internal space of the enclosure. Motivation for doing so would lie in getting benefit of having the sound generating module and the plate member withing the internal space of the enclosure.
Regarding Claim 11, Mitsugi teaches: wherein the internal space of the enclosure comprises: a first space between a first surface of the vibration member and the first enclosure (9) and connected to the opening part of the enclosure (fig.1); and
a second space between the second enclosure (10) and a second surface of the vibration member, the second surface being opposite to the first surface of the vibration member, and wherein the plate member is at the second space (fig.1).
However, Mitsugi does not specifically teach: wherein the plate member is at the second space. Kim teaches wherein the plate member is at the second space ([0082]-[0085]). Therefore, it would have been obvious to a person of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Mitsugi to include wherein the plate member is at the second space. Motivation for doing so would lie in getting benefit of having the plate member at the second space.
Regarding Claim 12, Mitsugi teaches: a connection member connected to the enclosure (9, 10), wherein the enclosure comprises an inner surface facing the vibration member and an outer surface opposite to the inner surface, and wherein the connection member is connected to a periphery of the opening part of the outer surface of the enclosure (fig.1).
Regarding Claim 13, Mitsugi does not specifically teach: wherein the plate member comprises: a plate and a supporting member between the plate and the vibration apparatus, and wherein the connection member includes a material different from a material included in the supporting member. In a related field, Kim teaches wherein the plate member comprises: a plate and a supporting member between the plate and the vibration apparatus, and wherein the connection member includes a material different from a material included in the supporting member ([0082]-[0085]). Therefore, it would have been obvious to a person of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Mitsugi to include wherein the plate member comprises: a plate and a supporting member between the plate and the vibration apparatus, and wherein the connection member includes a material different from a material included in the supporting member. Motivation for doing so would lie in improving the vibration transfer property of the sound generating module.
Claim(s) 14-18 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mitsugi (JP2013-74464, provided by Applicant. Machine translation attached), in view of Kim (US 20200314551 A1) further in view of Lee (US 20210352390 A1).
Regarding Claim 14, Mitsugi in view of Kim does not specifically teach: a vehicular apparatus, comprising: an interior material exposed at an interior space of the vehicular apparatus; and one or more sound generating apparatuses disposed at the interior material to output a sound to the interior space, wherein the one or more sound generating apparatuses comprise the sound apparatus. In a related field, Lee teaches: a vehicular apparatus, comprising: an interior material exposed at an interior space of the vehicular apparatus; and one or more sound generating apparatuses disposed at the interior material to output a sound to the interior space ([0010]-[0011]). Therefore, it would have been obvious to a person of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Mitsugi in view of Kim by placing the sound generating apparatus inside a vehicle, such as taught by Lee. Motivation for doing so would lie in allowing for sound to be generated within a vehicle compartment.
Claims 15-18 are rejected for the same reasons as discussed above with respect to claims 7, 8, 10 and 11 respectively.
Regarding Claim 20, Mitsugi in view of Kim does not specifically teach: wherein the interior material comprises at least one or more of a dashboard, a pillar interior material, a roof interior material, a door interior material, a seat interior material, a handle interior material, a floor interior material, a rear package interior material, an overhead console, a rear view mirror, a glove box, a garnish member, or a sun visor. In a related field, Lee teaches: wherein the interior material comprises one material of at least one or more of a dashboard, a pillar interior material, a roof interior material, a door interior material, a seat interior material, a handle interior material, a floor interior material, a rear package interior material, an overhead console, a rear view mirror, a glove box, a garnish member, or a sun visor ([0057-0058]). Therefore, it would have been obvious to a person of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Mitsugi in view of Kim by wherein the interior material comprises at least one or more of a dashboard, a pillar interior material, a roof interior material, a door interior material, a seat interior material, a handle interior material, a floor interior material, a rear package interior material, an overhead console, a rear view mirror, a glove box, a garnish member, or a sun visor, such as taught by Lee. Motivation for doing so would lie in allowing different types material for flexibility of using as interior material.
Furthermore, Mitsugi in view of Kim does not specifically teach: wherein the one or more sound generating apparatuses are configured to vibrate at least one or more of the dashboard, the pillar interior material, the roof interior material, the door interior material, the seat interior material, the handle interior material, the floor interior material, the rear package interior material, the overhead console, the rear view mirror, the glove box, the garnish member, or the sun visor, to generate a sound. In a related field, Lee teaches: wherein the one or more sound generating apparatuses are configured to vibrate at least one or more of the dashboard, the pillar interior material, the roof interior material, the door interior material, the seat interior material, the handle interior material, the floor interior material, the rear package interior material, the overhead console, the rear view mirror, the glove box, the garnish member, or the sun visor, to generate a sound ([0060]). Therefore, it would have been obvious to a person of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Mitsugi in view of Kim by wherein the one or more sound generating apparatuses are configured to vibrate at least one or more of the dashboard, the pillar interior material, the roof interior material, the door interior material, the seat interior material, the handle interior material, the floor interior material, the rear package interior material, the overhead console, the rear view mirror, the glove box, the garnish member, or the sun visor, to generate a sound, such as taught by Lee. Motivation for doing so would lie in allowing for sound to be generated within a vehicle compartment.
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mitsugi (JP2013-74464, provided by Applicant. Machine translation attached), in view of Kim (US 20200314551 A1) further in view of Lee (US 20210352390 A1), and in further view of Ye (US 20230217156 A1).
Regarding Claim 19, Mitsugi, in view of Kim further in view of Lee, does not teach: further comprising a coupling part configured to couple the enclosure at the one or more sound generating apparatuses to the interior material, wherein the coupling part comprises a hollow part connected to the internal space of the enclosure through the opening part of the enclosure. In a related field, Ye teaches to provide a hollow coupling part between a sound generating apparatus and a vehicle interior (Fig. 2: gasket 228 and [0051]). Therefore, it would have been obvious to a person of ordinary skill in the art prior to the effective filing date of the claimed invention to further modify Mitsugi, in view of Kim further in view of Lee, to include a hollow coupling part, such as taught by Ye. Motivation for doing so would lie in allowing the sound generating apparatus to transmit vibrations to a vehicle interior while damping unwanted resonances.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MD S ELAHEE whose telephone number is (571)272-7536. The examiner can normally be reached on Monday thru Friday; 8:30AM to 5:00PM EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, CAROLYN R EDWARDS can be reached on 571-270-7136. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300.
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/MD S ELAHEE/MD SHAFIUL ALAM ELAHEE
Primary Examiner,
Art Unit 2694
September 3, 2026
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