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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 4-16-2025 was filed after the mailing date of the application filed on 12-17-2024. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 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); 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 nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 1-11 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 9-19 of U.S. Patent No. 17/901813 (2023/0007399). While the claims are not identical, the claims of U.S. Patent No. 17/901813 (2023/0007399) include all the elements of the instant claims. For these reasons, the two sets of claims are not patentably distinct.
Instant Application
17/901813
claim 1, a sound output device, comprising:
a signal processing circuit to generate, during operation, a first electrical
signal and a second electrical signal based on target sound information;
a first speaker, electrically connected to the signal processing circuit to receive, during operation, the first electrical signal from the signal processing circuit and convert the first electrical signal into a first excitation to excite a first mechanical structure to generate a first sound wave; and
a second speaker, electrically connected to the signal processing circuit to receive, during operation, the second electrical signal from the signal processing
circuit and convert the second electrical signal into a second excitation to excite a
second mechanical structure to generate a second sound wave, wherein
a volume of the first sound wave is the same as a volume of the second
sound wave, and
for a given excitation, a sound volume generated by the first mechanical
structure is lower than a sound volume generated by the second mechanical
structure.
9. A sound output device, comprising:
a signal processing circuit to generate, during operation, a first electrical signal and a second electrical signal based on target sound information;
a first speaker, electrically connected to the signal processing circuit to receive, during operation, the first electrical signal from the signal processing circuit and convert the first electrical signal into a first excitation to excite a first mechanical structure to generate a first sound wave; and
a second speaker, electrically connected to the signal processing circuit to receive, during operation, the second electrical signal from the signal processing circuit and convert the second electrical signal into a second excitation to excite a second mechanical structure to generate a second sound wave,
wherein volume of the first sound wave is the same as volume of the second sound wave, and given a same excitation, sound volume generated by the first mechanical structure is lower than sound volume generated by the second mechanical structure.
wherein the sound output device converts the target sound information into the first sound wave in a first duration and further converts the target sound information into the second sound wave in a second duration, and the first duration is shorter than the second duration by a time difference; and
based on the volume difference, adjusting the time difference to adjust a sensory sound source shift caused by a volume differences between the first sound wave and the second sound wave.
claim 2, the sound output device according to claim 1, wherein a mass of the first mechanical structure is greater than a mass of the second mechanical structure, so that for the given excitation, the sound volume generated by the first mechanical structure is lower than the sound volume generated by the second mechanical structure.
10. The sound output device according to claim 9, wherein mass of the first mechanical structure is greater than mass of the second mechanical structure, so that given a same excitation, the sound volume generated by the first mechanical structure is lower than the sound volume generated by the second mechanical structure.
claim 3, the sound output device according to claim 2, wherein the first speaker includes at least one of a first bone-conduction speaker or a first air-conduction speaker; and
the second speaker includes at least one of a second bone-conduction
speaker or a second air-conduction speaker.
11. The sound output device according to claim 10, wherein the first speaker includes at least one of a first bone-conduction speaker or a first air-conduction speaker; and the second speaker includes at least one of a second bone-conduction speaker or a second air-conduction speaker.
claim 4, the sound output device according to claim 2, wherein the first speaker further includes a first electromagnetic excitation device to generate the first excitation to excite the first mechanical structure to vibrate and generate the first sound wave; and
the second speaker further includes a second electromagnetic excitation
device to generate the second excitation to excite the second mechanical structure
to vibrate and generate the second sound wave.
12. The sound output device according to claim 10, wherein the first speaker further includes a first electromagnetic excitation device to generate the first excitation to excite the first mechanical structure to vibrate and generate the first sound wave; and
the second speaker further includes a second electromagnetic excitation device to generate the second excitation to excite the second mechanical structure to vibrate and generate the second sound wave.
claim 5, the sound output device according to claim 4, wherein
the first electromagnetic excitation device includes a first coil with a first
winding diameter; and
the second electromagnetic excitation device includes a second coil with a second winding diameter, wherein
the first winding diameter is greater than the second winding diameter.
13. The sound output device according to claim 12, wherein the first electromagnetic excitation device includes a first coil with a first winding diameter; and the second electromagnetic excitation device includes a second coil with a second winding diameter, wherein the first winding diameter is greater than the second winding diameter.
claim 6, the sound output device according to claim 4, wherein
the first electromagnetic excitation device includes a first coil with a first
resistivity; and the second electromagnetic excitation device includes a second coil with a second resistivity, wherein the first resistivity is less than the second resistivity.
14. The sound output device according to claim 12, wherein the first electromagnetic excitation device includes a first coil with a first resistivity; and the second electromagnetic excitation device includes a second coil with a second resistivity, wherein the first resistivity is less than the second resistivity
claim 7, the sound output device according to claim 4, wherein given a same input current, the first excitation generated by the first electromagnetic excitation device is greater than the second excitation generated by the second electromagnetic excitation device.
15. The sound output device according to claim 12, wherein given a same input current, the first excitation generated by the first electromagnetic excitation device is greater than the second excitation generated by the second electromagnetic excitation device.
claim 8, the sound output device according to claim 4, wherein the first speaker includes a first resistance; and the second speaker includes a second resistance, wherein the first resistance is less than the second resistance.
16. The sound output device according to claim 12, wherein the first speaker includes a first resistance; and the second speaker includes a second resistance, wherein the first resistance is less than the second resistance
claim 9, the sound output device according to claim 4, further comprising:
a power amplification circuit connected to the first speaker and the signal processing circuit, wherein
the power amplification circuit amplifies the first electrical signal, and
the first speaker receives an amplified first electrical signal.
17. The sound output device according to claim 12, further comprising: a power amplification circuit connected to the first speaker and the signal processing circuit, wherein the power amplification circuit amplifies the first electrical signal, and the first speaker receives an amplified first electrical signal.
claim 10, the sound output device according to claim 4, further comprising:
a power attenuation circuit connected to the second speaker and the signal processing circuit, wherein
the power attenuation circuit attenuates the second electrical signal, and the second speaker receives an attenuated second electrical signal.
18. The sound output device according to claim 12, further comprising: a power attenuation circuit connected to the second speaker and the signal processing circuit, wherein the power attenuation circuit attenuates the second electrical signal, and the second speaker receives an attenuated second electrical signal.
claim 11. a volume adjustment method for a sound output device, comprising:
obtaining a volume difference between a first sound wave and a second
sound wave generated by the sound output device, the sound output device
including:
a signal processing circuit to generate, during operation, a first
electrical signal and a second electrical signal based on target sound
information,
a first speaker, electrically connected to the signal processing circuit to receive, during operation, the first electrical signal from the signal processing circuit and convert the first electrical signal into a first excitation to excite a first mechanical structure to generate a first sound wave, and
a second speaker, electrically connected to the signal processing
circuit to receive, during operation, the second electrical signal from the signal
processing circuit and convert the second electrical signal into a second excitation to excite a second mechanical structure to generate a second sound wave,
wherein volume of the first sound wave is the same as volume of the second
sound wave, and
given a same excitation, sound volume generated by the first mechanical structure is lower than sound volume generated by the second mechanical structure; and
adjusting an amplitude difference between the first excitation and the second
excitation.
19. A sensory sound source adjustment method for a sound output device, comprising: obtaining a volume difference between a first sound wave and a second sound wave generated by the sound output device, the sound output device including:
a signal processing circuit to generate, during operation, a first electrical signal and a second electrical signal based on target sound information,
a first speaker, electrically connected to the signal processing circuit to receive, during operation, the first electrical signal from the signal processing circuit and convert the first electrical signal into the first sound wave, and
a second speaker, electrically connected to the signal processing circuit to receive, during operation, the second electrical signal from the signal processing circuit and convert the second electrical signal into the second sound wave, wherein
when given input electrical signals with a same amplitude and frequency,
volume of a sound wave output by the first speaker is lower than volume of a sound
wave output by the second speaker, wherein the sound output device converts the target sound information into the first sound wave in a first duration and the sound output device converts the target sound information into the second sound wave in a second duration, and
the first duration is shorter than the second duration by a time difference; and
based on the volume difference, adjusting the time difference to adjust a sensory sound source shift caused by a volume difference between the first sound wave and the second sound wave.
9. A sound output device, comprising:
a signal processing circuit to generate, during operation, a first electrical signal and a second electrical signal based on target sound information;
a first speaker, electrically connected to the signal processing circuit to receive, during operation, the first electrical signal from the signal processing circuit and convert the first electrical signal into a first excitation to excite a first mechanical structure to generate a first sound wave; and
a second speaker, electrically connected to the signal processing circuit to receive, during operation, the second electrical signal from the signal processing circuit and convert the second electrical signal into a second excitation to excite a second mechanical structure to generate a second sound wave,
wherein volume of the first sound wave is the same as volume of the second sound wave, and given a same excitation, sound volume generated by the first mechanical structure is lower than sound volume generated by the second mechanical structure.
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.
Claims 1-3, 11 are rejected under 35 U.S.C. 103 as being unpatentable over Suzuki EP3122062A1 in view of Li CN109547906A.
Regarding claim 1, Suzuki EP3122062A1 discloses a sound output device (Fig 1, para [45-58]), comprising:
a signal processing circuit (Fig 1, a signal generating unit 110 uses an audio signal outputted from an audio device 10 connected to the headphone system 100) to generate, during operation, a first electrical signal and a second electrical signal based on target sound information (an audio signal to be outputted to a speaker unit 120 and an audio signal to be outputted to a vibration unit 130. The signal generating unit 110 is electrically
connected to the speaker unit 120 and the vibration unit 130);
a first speaker (Left speaker unit 120L), electrically connected to the signal processing circuit to receive, during operation, the first electrical signal from the signal processing circuit and convert the first electrical signal into a first excitation to excite a first mechanical structure to generate a first sound wave(the speaker unit 120L is worn on the left ear, such that on the basis of the audio signal outputted from the signal generating unit 110, sound based on air conduction can be provided to the user by means of the left speaker unit 120L); and
a second speaker (Right speaker unit 120R), electrically connected to the signal processing circuit to receive, during operation, the second electrical signal from the signal processing circuit and convert the second electrical signal into a second excitation to excite a second mechanical structure to generate a second sound wave (the speaker unit 120R is worn on the right ear, such that on the basis of the audio signal outputted from the signal generating unit 110, sound based on air conduction can be provided to the user by means of the right speaker unit 120R);
wherein a volume of the first sound wave is the same as a volume of the second sound wave (the amplitude of a sound wave determines its loudness or volume. A larger amplitude means a louder sound and a smaller amplitude means a softer sound.
Suzuki discloses in para [24] that the signal generating unit 110 controls an amplitude characteristic when the air conduction signal and the bone conduction signal generating unit 111 and the bone conduction signal generating unit 112. Since the signal generating unit 110 controls an amplitude, it can control the volume of first sound wave is the same as volume of the second sound wave).
Suzuki does not disclose for a given excitation, a sound volume generated by the first mechanical structure is lower than a sound volume generated by the second mechanical structure.
Li CN109547906A teaches for a given excitation, a sound volume generated by the first mechanical structure is lower than a sound volume generated by the second mechanical structure (page 38 of 57 teaches a button module 4d in the present application can be provided only on one speaker assembly 40; and as the mass of the button module 4d increase, the vibration acceleration of a bone conduction speaker decreases, and thus volume is lower).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention incorporate for a given excitation, a sound volume generated by the first mechanical structure is lower than a sound volume generated by the second mechanical structure as taught by Li in Suzuki ‘s invention in order to improve the sound quality.
Regarding claim 2, Suzuki does not disclose the claimed limitation as recited in claim 2.
Li CN109547906A teaches the sound output device according to claim 1, wherein a mass of the first mechanical structure is greater than a mass of the second mechanical structure, so that for the given excitation, the sound volume generated by the first mechanical structure is lower than the sound volume generated by the second mechanical Structure (page 38 of 57 teaches a button module 4d in the present application can be provided only on one speaker assembly 40; and as the mass of the button 4d increase, the vibration acceleration of a bone conduction speaker decrease, and thus volume is lower).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention incorporate wherein a mass of the first mechanical structure is greater than a mass of the second mechanical structure, so that for the given excitation, the sound volume generated by the first mechanical structure is lower than the sound volume generated by the second mechanical Structure as taught by Li in Suzuki ‘s invention in order to improve the sound quality.
Regarding claim 3, Suzuki discloses the sound output device according to claim 2, wherein the first speaker includes at least one of a first bone-conduction speaker (Fig 1 bone conduction 120R and 120L) or a first air-conduction speaker (Fig 1, para [32] teaches air conduction speaker), and
the second speaker includes at least one of a second bone-conduction
speaker (bone conduction signal generating unit 112 generates the signals so that a signal of one channel is supplied to each of two speaker unit 120, para [56]) or a second air-conduction speaker (Fig 1, para [32] teaches air conduction speaker).
Regarding claim 11. Suzuki EP3122062A1 discloses a volume adjustment method for a sound output device, comprising: obtaining a volume difference between a first sound wave and a second sound wave generated by the sound output device, the sound output device including:
a signal processing circuit (Fig 1, a signal generating unit 110 uses an audio signal outputted from an audio device 10 connected to the headphone system 100) to generate, during operation, a first electrical signal and a second electrical signal based on target
sound information (an audio signal to be outputted to a speaker unit 120 and an audio signal
to be outputted to a vibration unit 130. The signal generating unit 110 is electrically connected to the speaker unit 120 and the vibration unit 130);
a first speaker (Left speaker unit 120L), electrically connected to the signal processing circuit to receive, during operation, the first electrical signal from the signal processing circuit and convert the first electrical signal into a first excitation to excite a
first mechanical structure to generate a first sound wave (the speaker unit 120L is worn on the left ear, such that on the basis of the audio signal outputted from the signal generating unit 110, sound based on air conduction can be provided to the user by means of the left speaker unit 120L), and
a second speaker (Right speaker unit 120R), electrically connected to the signal processing circuit to receive, during operation, the second electrical signal from the signal processing circuit and convert the second electrical signal into a second excitation to excite a second mechanical structure to generate a second sound wave (the speaker unit 120R is worn on the right ear, such that on the basis of the audio signal outputted from the signal generating unit 110, sound based on air conduction can be provided to the user by means of the right speaker unit 120R);
wherein volume of the first sound wave is the same as volume of the second sound wave (the amplitude of a song wave determines its loudness or volume. A larger amplitude means a louder sound, and a smaller amplitude means a softer sound) and
adjusting an amplitude difference between the first excitation and the second excitation Suzuki discloses in para [24] that the signal generating unit 110 controls an amplitude characteristic when the air conduction signal and the bone conduction signal generating unit 110 controls an amplitude, it can control the volume of first sound wave is the same as volume of the second sound wave.
Suzuki does not disclose given a same excitation; sound volume generated by the
first mechanical structure is lower than sound volume generated by the second mechanical
structure.
Li CN 109547906A teaches given a same excitation, sound volume generated by the first mechanical structure is lower than sound volume generated by the second mechanical structure (page 38 of 57 teaches a button module 4d in the present application can be provided only on one speaker assembly 40; and as the mass of the button module 4d increase, the vibration acceleration of a bone conduction speaker decreases, and thus
volume is lower).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention incorporate for a given excitation, a sound volume generated by the first mechanical structure is lower than a sound volume generated by the second mechanical structure as taught by Li in Suzuki ‘s invention in order to improve the sound quality.
Allowable Subject Matter
Claims 4-10 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.
Claim 4 objected because the prior art references Suzuki EP3122062A1 in view of Li CN109547906A fail to teach the claimed limitation, “the sound output device according to claim 2, wherein the first speaker further includes a first electromagnetic excitation Application/Control Number: 18/984,905 Page 8 Art Unit: 2692
device to generate the first excitation to excite the first mechanical structure to vibrate and generate the first sound wave; and the second speaker further includes a second electromagnetic excitation device to generate the second excitation to excite the second mechanical structure to vibrate and generate the second sound wave.”
Claims 5-10 objected because they are depending on objected claim 4.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JULIE X DANG whose telephone number is (571)272-0040. The examiner can normally be reached 9-5.
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/JULIE X DANG/Examiner, Art Unit 2692
/CAROLYN R EDWARDS/Supervisory Patent Examiner, Art Unit 2692
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