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, 2, 5, 6, 10, and 14-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Marton et al. (US 2021/0204044) herein Marton.
Regarding claim 1, Marton discloses an object comprising a sound receiving arrangement for being mounted within an outer shell of the object (component of a car comprising a headline with microphone 218 mounted with an outer shell of the object, Fig. 2), wherein the outer shell of the object comprises a recess (Fig. 2, the sound-absorbing arrangement 202 is arranged in the recess), the sound receiving arrangement comprising: a housing which is arranged in the recess of the outer shell of the object and forms a hollow space (housing 204, 224 arranged in the recess of the outer shell of the object and forms a hollow space, Fig. 2); an acoustically permeable boundary surface which closes the hollow space (A-surface layer 116 is acoustically transparent material that closes the hollow space, Fig. 2, [0029]); a sound receiver arranged within the housing so that a medium is provided between the sound receiver and the acoustically permeable boundary surface (sound sensor 218 arranged within the housing so that a medium (air) is provided between the sound receiver and the acoustically permeable boundary surface 116, Fig. 2); wherein a solid body material or partial solid body material associated with the outer shell is provided between the acoustically permeable boundary surface and the housing (114 is a middle layer that’s part of the outer shell provided between the acoustically permeable boundary surface 116 and the housing 204,224, Fig. 2, [0029]); so that the acoustically permeable boundary surface of the sound receiving arrangement forms a continuation of the outer shell of the object (acoustically permeable boundary surface 116 forms a continuation of the outer shell of the object, Fig. 2).
Regarding claim 2, Marton discloses wherein the medium or at least a part of the medium is formed by a sound-permeable volume comprising the acoustically permeable boundary surface (air is formed by a sound-permeable volume comprising the acoustically permeable boundary surface 116, Fig. 2).
Regarding claim 5, Marton discloses wherein the housing is connected to the outer shell or a backfilling of the outer shell or the object via a rear of the housing (housing 204, 224 is connected to the outer shell via a rear of the housing, Fig. 2).
Regarding claim 6, Marton discloses wherein the recess and/or the hollow space of the housing comprise a funnel shape (the recess and the hollow space of the housing is a funnel shape, Fig. 2).
Regarding claim 10, Marton discloses wherein the acoustically permeable boundary surface is connected to the housing by a spring suspension and/or mounting (acoustically permeable boundary surface 116 is connected to the housing 204 via a mounting 224, Fig. 2).
Regarding claim 14, Marton discloses an object comprising a sound receiving arrangement for being mounted behind an outer shell of the object (component of a car comprising a headline with microphone 218 mounted behind an outer shell of the object, (microphone 218 can be considered mounted behind outershell 112, Fig. 2), the sound receiving arrangement comprising: a housing which is arranged in a recess behind the outer shell of the object (Fig. 2, the sound-absorbing arrangement 202 is arranged in the recess) and forms a hollow space (housing 204, 224 arranged in the recess of the outer shell of the object and forms a hollow space, Fig. 2); an acoustically permeable boundary surface which is part of the outer shell of the object and closes the hollow space (A-surface layer 116 is acoustically transparent material that closes the hollow space, Fig. 2, [0029]); a sound receiver arranged within the housing so that a medium in the form of a solid body material or partial solid body material is provided between the sound receiver and the acoustically permeable boundary surface (sound sensor 218 arranged within the housing so that a medium (air) is provided between the sound receiver and the acoustically permeable boundary surface 116, Fig. 2); wherein the solid body material or partial solid body material connected to the acoustically permeable boundary surface is provided between the acoustically permeable boundary surface and the housing (114 is a middle layer that’s part of the outer shell provided between the acoustically permeable boundary surface 116 and the housing 204,224, Fig. 2, [0029]).
Regarding claim 15, Marton discloses an outer wall as an object or wall as an object comprising a sound receiving device according to claim 1 (vehicle 100 includes headliner 110 in its wall, Fig. 2, [0028], [0029]).
Regarding claim 16, Marton discloses an mobile or movable object, in particular vehicle, aircraft or boat, comprising a sound receiving device according to claim 1 (vehicle 100 includes headliner 110, Fig. 2, [0028], [0029]).
Regarding claim 17, Marton discloses an outer wall as an object or wall as an object comprising a sound receiving device according to claim 14 (vehicle 100 includes headliner 110 in its wall, Fig. 2, [0028], [0029]).
Regarding claim 18, Marton discloses a mobile or movable object, in particular vehicle, aircraft or boat, comprising a sound receiving device according to claim 14 (vehicle 100 includes headliner 110, Fig. 2, [0028], [0029]).
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) 3, 4, 7, 8 and 11-13 are rejected under 35 U.S.C. 103 as being unpatentable over Marton et al. (US 2021/0204044) herein Marton.
Regarding claim 3, while Marton does not specifically teach wherein an acoustic insulator is provided between an inner side of the housing and the sound receiver, in particular an acoustic insulator comprising sand, bitumen, foam, polymeric chambers, Marton does teach the use of a foam middle layer between the acoustically permeable surface and the housing, (foam middle layer 114, [0029]) and it is well known in the art to line an inner housing of a microphone with an acoustic insulator such as foam.
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 inner side of the housing of Marton to further comprise an acoustic insulator on the inside in which the insulator comprises foam in order to mitigate unwanted vibrations on the microphone outside of audio vibrations and unwanted reflected sound waves. The Examiner takes Official Notice.
Regarding claim 4, while Marton does not specifically teach wherein the inner side of the housing is acoustically insulated, it is well known in the art to line an inner housing of a microphone with an acoustic insulator.
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 inner side of the housing of Marton to further comprise an acoustic insulator on the inside in order to mitigate unwanted vibrations on the microphone outside of audio vibrations and unwanted reflected sound waves. The Examiner takes Official Notice.
Regarding claim 7, while Marton does not specifically teach wherein the acoustically permeable boundary surface comprises one of the following materials: - filmed rigid foam plate - rigid foam plate - PUR or PIR - plastic plate - HDPE - highly resistant plastic film - PMMA, PTFE or PET - sheet metal, it is well known in the art to utilize these materials for an acoustically permeable boundary surface.
Therefore, tit would have been obvious to a person having ordinary skill in the art to modify the acoustically permeable boundary surface of Marton to comprise one of the following materials: filmed rigid foam plate - rigid foam plate - PUR or PIR - plastic plate - HDPE - highly resistant plastic film - PMMA, PTFE or PET - sheet metal in order to take advantage of sturdy acoustically permeable surfaces for the enclosure of a microphone. The Examiner takes Official Notice.
Regarding claim 8, while Marton does not specifically teach wherein the acoustically permeable boundary surface and/or the outer shell comprise a varnish, it is well known to provide an outer surface of an outer shell with a varnish in order to protect it from particulates and erosion.
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 acoustically permeable boundary surface and the outer shell to comprise a varnish in order to protect it from particulates and erosion. The Examiner takes Official Notice.
Regarding claim 11, Marton discloses wherein the solid body material or partial solid body material comprises or forms the acoustically permeable boundary surface; or wherein the solid body material or partial solid body material is connected to the acoustically permeable boundary surface or wherein the solid body material or partial solid body material is connected to the acoustically permeable boundary surface (solid body material 114 is connected to the acoustically permeable boundary surface 116, Fig. 2), but lacks wherein the acoustically permeable boundary surface is formed by a sheet metal, a varnished sheet metal, a varnish carrier layer or a surface element.
Nevertheless, it is well known to provide an outer surface of an outer shell with a varnish in order to protect it from particulates and erosion.
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 acoustically permeable boundary surface and the outer shell to comprise a varnish in order to protect it from particulates and erosion. The Examiner takes Official Notice.
Regarding claim 12, while Marton does not specifically teach wherein the acoustically permeable boundary surface is curved and/or projects out of the plane or projects into the plane; and/or wherein the acoustically permeable boundary surface and/or the housing and/or the recess are circular, it would have been an obvious matter of design choice to have the acoustically permeable boundary surface to be curved and/or wherein the housing and/or the recess are circular, since applicant has not disclosed that such shapes solves any stated problem or is for any particular purpose and it appears that the invention would perform equally well with acoustically permeable boundary surface, housing and recess of Marton.
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 acoustically permeable boundary surface, housing and recess of Marton to be curved or circular in order to match a surface of a wall or vehicle better for mounting purposes.
Regarding claim 13, claim 13 is rejected for similar reasons as claim 12.
Allowable Subject Matter
Claim 9 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
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Duc Nguyen can be reached at (571)272-7503. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SEAN H NGUYEN/Primary Examiner, Art Unit 2691
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