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 .
This office action is in response to applicant’s filing dated 12/17/2024, claims 1-20 are currently pending in the application.
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.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12200451. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the application under examination are broader than the claims of the patent as shown in the claim mapping table below:
Application under examination
U. S. Patent No. 12200451
1. A microphone comprising: a housing configured to receive sound signals; at least one transducer configured to vibrate to generate electrical signals in response to the sound signals; an elastic element connected to the at least one transducer via at least one damping layer; and a processing circuit configured to process the electrical signals.
1.(Original) A microphone comprising: a housing for receiving sound signals; at least two transducers for vibrating to generate electrical signals in response to the sound signals, each of the at least two transducers providing a distinctive resonance peak to the microphone; at least one elastic element connected to one of the at least two transducers via at least one damping layer; and a processing circuit for processing the electrical signals.
2. The microphone of claim 1, wherein the at least one transducer and the elastic element are arrayed in the housing in a direction parallel to a vibration direction of the transducer.
2. (Original) The microphone of claim 1, wherein the at least two transducers are arrayed in the housing in a direction parallel to a vibration direction of the at least two transducers.
3. The microphone of claim 1, wherein the at least one transducer and the elastic element are arrayed in the housing in a direction perpendicular to a vibration direction of the at least one transducer.
3. (Original) The microphone of claim 1, wherein the at least two transducers are arrayed in the housing in a direction perpendicular to a vibration direction of the at least two transducers.
4. The microphone of claim 1, wherein the at least one transducer and the elastic element are disposed on a same side of the damping layer.
4. (Original) The microphone of claim 1, wherein the electrical signals are outputted from one of the at least two transducers, and the rest of the at least two transducers transfer vibrations to the one of the at least two transducers.
5. The microphone of claim 1, wherein the damping layer is located between the at least one transducer and the elastic element, and the at least one transducer, the damping layer and the elastic element form a sandwich structure.
1.(Original) A microphone comprising: a housing for receiving sound signals; at least two transducers for vibrating to generate electrical signals in response to the sound signals, each of the at least two transducers providing a distinctive resonance peak to the microphone; at least one elastic element connected to one of the at least two transducers via at least one damping layer; and a processing circuit for processing the electrical signals.
6. The microphone of claim 1, wherein the at least one transducer comprises at least two transducers, and each of the at least two transducers provides a distinctive resonance peak to the microphone.
1.(Original) A microphone comprising: a housing for receiving sound signals; at least two transducers for vibrating to generate electrical signals in response to the sound signals, each of the at least two transducers providing a distinctive resonance peak to the microphone; at least one elastic element connected to one of the at least two transducers via at least one damping layer; and a processing circuit for processing the electrical signals.
7. The microphone of claim 6, wherein the electrical signals are outputted from one of the at least two transducers, and the rest of the at least two transducers transfer vibrations to the one of the at least two transducers.
4. (Original) The microphone of claim 1, wherein the electrical signals are outputted from one of the at least two transducers, and the rest of the at least two transducers transfer vibrations to the one of the at least two transducers.
8. The microphone of claim 7, wherein the rest of the at least two transducers are physically connected to the one of the at least two transducers via the at least one damping layer.
1.(Original) A microphone comprising: a housing for receiving sound signals; at least two transducers for vibrating to generate electrical signals in response to the sound signals, each of the at least two transducers providing a distinctive resonance peak to the microphone; at least one elastic element connected to one of the at least two transducers via at least one damping layer; and a processing circuit for processing the electrical signals.
9. The microphone of claim 6, wherein the electrical signals include at least two electrical outputs of the at least two transducers, wherein each of the at least two electrical outputs of the at least two transducers are outputted from one of the at least two transducers.
5. (Original) The microphone of claim 1, wherein the electrical signals include at least two electrical outputs of the at least two transducers, wherein each of the at least two electrical outputs of the at least two transducers is outputted from one of the at least two transducers.
10. The microphone of claim 9, wherein at least one transducer of the at least two transducers are connected to the at least one damping layer.
1.(Original) A microphone comprising: a housing for receiving sound signals; at least two transducers for vibrating to generate electrical signals in response to the sound signals, each of the at least two transducers providing a distinctive resonance peak to the microphone; at least one elastic element connected to one of the at least two transducers via at least one damping layer; and a processing circuit for processing the electrical signals.
11. The microphone of claim 9, wherein the at least two electrical outputs of the at least two transducers are processed using a Positive-Negative-Negative-Positive processing mode, wherein the Positive-Negative-Negative-Positive processing mode includes: adjusting phases of the at least two electrical outputs; and combining the adjusted at least two electrical outputs.
6. (Original) The microphone of claim 5, wherein the at least two electrical outputs of the at least two transducers are processed using a Positive-Negative-Negative-Positive processing mode, wherein the Positive-Negative-Negative-Positive processing mode includes: adjusting phases of the at least two electrical outputs; and combining the adjusted at least two electrical outputs.
12. The microphone of claim 11, wherein the adjusting phases of the at least two electrical outputs includes: reversing a phase of one of the at least two electrical outputs, and maintaining a phase of another one of the at least two electrical outputs.
7. (Original) The microphone of claim 6, wherein the adjusting phases of the at least two electrical outputs includes: reversing a phase of one of the at least two electrical outputs, and maintaining a phase of another one of the at least two electrical outputs.
13. The microphone of claim 9, wherein the at least two electrical outputs are of adjacent transducers among the at least two transducers which are sorted in a descending order or an ascending order according to their resonance frequencies.
8. (Original) The microphone of claim 5, wherein the at least two electrical outputs are of adjacent transducers among the at least two transducers which are sorted in a descending order or an ascending order according to their resonance frequencies.
14. The microphone of claim 8, wherein the at least one damping layer covers at least part of at least one surface of the transducer connected thereto.
9. (Original) The microphone of claim 1, wherein the two transducers are disposed on a same side or opposite side of the damping layer.
15. The microphone of claim 14, wherein the at least one damping layer is disposed on at least one surface of the connected transducer at a predetermined angle.
10. (Original) The microphone of claim 1, wherein the at least one damping layer covers at least part of at least one surface of the transducer connected thereto.
16. The microphone of claim 15, wherein the predetermined angle is 30°, 45°, 60°, or 90°.
13. (Original) The microphone of claim 12, wherein the predetermined angle is 30, 60 or 90 degrees.
17. The microphone of claim 14, wherein the at least one damping layer is connected to the housing
14. (Original) The microphone of claim 10, wherein the at least one damping layer is connected to the housing.
18. The microphone of claim 14, wherein the at least one damping layer includes at least two damping layers, and the at least two damping layers are arranged symmetrically with respect to a center line of one of the at least two transducers.
15. (Original) The microphone of claim 10, wherein the at least one damping layer includes at least two damping layers, and the at least two damping layers are arranged symmetrically with respect to a center line of one of the at least two transducers.
19. The microphone of claim 1, wherein the at least one damping layer covers at least part of at least one surface of the elastic element.
17. (Original) The microphone of claim 1, wherein the at least one damping layer covers at least part of at least one surface of the at least one elastic element.
20. An electronic device comprising a microphone, wherein the microphone includes: a housing configured to receive sound signals; at least one transducer configured to vibrate to generate electrical signals in response to the sound signals; an elastic element connected to the at least one transducer via at least one damping layer; and a processing circuit for processing the electrical signals.
20. (Original) An electronic device comprising a microphone, wherein the microphone includes:a housing for receiving sound signals; at least two transducers for vibrating to generate electrical signals in response to the sound signals, each of the at least two transducers providing a distinctive resonance peak to the microphone; at least one elastic element connected to one of the at least two transducers via at least one damping layer; and a processing circuit for processing the electrical signals.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-2, 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hyono et al (JP 09163477 A) hereinafter Hyono in view of Lazzari (US 20170195797 A1) hereinafter Lazzari.
Regarding claim 1, Hyono teaches A microphone comprising (“a bone conduction ear microphone to detect voice vibration transmitted to the vicinity of the external auditory meatus” in ¶[0001]): a housing configured to receive sound signals (“Fourteenth Embodiment FIG. 28 shows the thirteenth aspect of the present invention. 8 is a configuration diagram of the detection element according to the embodiment of the present invention, and 8 is a box for housing the detection element” in ¶[0075]); at least one transducer configured to vibrate to generate electrical signals in response to the sound signals (“The sound vibration transmitted to the outer ear is passed through a resin case (not shown) for mounting on the outer ear and a metal case (not shown) for accommodating the detection element, thereby supporting member 5. To the cantilevers 1 to 4 of the beams 1 to 4. The cantilever vibrates when voice vibration is applied, and the frequency output of the piezoelectric body is obtained from the lead wire 6.” in ¶[0025]); Hyono does not specifically disclose the device further comprising an elastic element connected to the at least one transducer via at least one damping layer; and a processing circuit configured to process the electrical signals however,
Since it is known in the art as evidenced by Lazzari for a device to further comprise an elastic element connected to the at least one transducer via at least one damping layer; and a processing circuit configured to process the electrical signals (“A Modulus of Elasticity (E) of main membrane 1 is greater than 15 GPa, though very small transducers and headphones can provide similar performance goals employing membranes with significantly smaller Modulus of Elasticity, provided that the layer of the damping membrane 3 is proportionally more elastic.” in ¶[0034]),
An ordinary skilled in the art would be motivated to modify the invention of Hyono with the teachings of Lazzari for the benefit of improving the control over the resonant frequency,
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 Hyono with Lazzari.
Regarding claim 2, Hyono as modified by Lazzari teaches the device of claim 1, Hyono further teaches the device further comprising wherein the at least one transducer and the elastic element are arrayed in the housing in a direction parallel to a vibration direction of the transducer (transducers 12 and 12 are parallel inside the housing 10 and parallel to the vibration direction coming from the opening in Fig. 30).
Regarding claim 19, Hyono as modified by Lazzari teaches the microphone of claim 1, Hyono further teaches the device further comprising wherein the at least one damping layer covers at least part of at least one surface of the transducer connected thereto (Damping layer 7 covers at least part of at least one surface of the transducers “1” and “2” in Fig. 24).
Regarding claim 20, claim is rejected for being the device comprising at least the same elements and performing at least the same functions performed by the microphone of rejected claim 1 (see rejection of claim 1 above).
Claim(s) 3, 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hyono et al (JP 09163477 A) hereinafter Hyono in view of Lazzari (US 20170195797 A1) hereinafter Lazzari and further in view of Zou et al. (US 20180288526 A1) hereinafter Zou.
Regarding claim 3, Hyono as modified by Lazzari teaches the device of claim 1, Hyono as modified by Lazzari does not specifically disclose the device further comprising wherein the at least one transducer and the elastic element are arrayed in the housing in a direction perpendicular to a vibration direction of the at least one transducer however,
Since it is known in the art as evidenced by Zou for a device to further comprise wherein the at least one transducer and the elastic element are arrayed in the housing in a direction perpendicular to a vibration direction of the at least one transducer (Fig. 1 shows how the two transducers are arrayed “two MEMS microphone chips 103, 104” in ¶[0030]),
An ordinary skilled in the art would be motivated to modify the invention of Hyono as modified by Lazzari with the teachings of Zou for the benefit of increasing the sensitivity of the microphone,
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 Hyono as modified by Lazzari with Zou.
Regarding claim 4, Hyono as modified by Lazzari teaches the device of claim 1, Hyono as modified by Lazzari does not specifically disclose the device further comprising wherein the at least one transducer and the elastic element are disposed on a same side of the damping layer however,
Since it is known in the art as evidenced by Zou for a microphone to further comprise wherein the at least one transducer and the elastic element are disposed on a same side of the damping layer (Mems 103 and 104 are on the same side of the damping member 101 in Fig. 1),
An ordinary skilled in the art would be motivated to modify the invention of Hyono as modified by Lazzari with the teachings of Zou for the benefit of minimizing the size of the microphone, 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 Hyono as modified by Lazzari with Zou.
Allowable Subject Matter
Claims 5-18 are 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 and if the nonstatutory double patenting rejection is overcome.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AMMAR T HAMID whose telephone number is (571)272-1953. The examiner can normally be reached M-F 9-5, Eastern time.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Vivian Chin can be reached at (571) 272-7848. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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AMMAR T. HAMID
Primary Examiner
Art Unit 2695
/AMMAR T HAMID/Primary Examiner, Art Unit 2695
Prosecution Insights