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 .
Allowable Subject Matter
Claims 1-20 are allowed.
The following is a statement of reasons for the indication of allowable subject matter: Claim 1 and its dependents are allowed because the closest prior art either alone or in combination, fail to anticipate or render obvious, the claimed limitations of “a primary chamber comprising at least one speaker driver that generates the sound waves, radiates a first portion of the sound waves away from the primary chamber, and radiates a second portion of the sound waves into the primary chamber, wherein the first portion of the sound waves comprises fundamental output sound waves” in combination with “wherein the at least one passive radiator forms a permeable seal between the primary chamber and the at least one secondary chamber, wherein the permeable seal is configured to maintain air pressure inside the primary chamber within a specified range; and wherein the primary chamber is an acoustic resonator that together with the at least one passive radiator are a band pass filter for frequencies between 20 and 200 Hz”, along with all other limitations in the claims as defined by Applicant.
The prior art discloses a primary chamber comprising at least one speaker driver that generates the sound waves but does not teach or suggest a primary chamber comprising at least one speaker driver that generates the sound waves, radiates a first portion of the sound waves away from the primary chamber, and radiates a second portion of the sound waves into the primary chamber.
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 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,231,842. Although the claims at issue are not identical, they are not patentably distinct from each other because claim 1 of U.S. Patent No. 12,231,842 recites “A loudspeaker configured to generate sound waves, the loudspeaker comprising: a primary chamber comprising at least one speaker driver that generates sound waves, radiates a first portion of the sound waves away from the primary chamber, and radiates a second portion of the sound waves into the primary chamber, wherein the first portion of the sound waves comprises fundamental output sound waves; at least one passive radiator having an effective area configured to radiate intermediate sound waves associated with the second portion of the sound waves; and at least one secondary chamber acoustically coupled to the primary chamber via the at least one passive radiator, the at least one secondary chamber comprising at least one output port having an output area, at least one output port configured to allow radiation of intermediate sound waves received from the at least one passive radiator out of the at least one secondary chamber and away from the loudspeaker …,” and claim 1 of the present application recites “A loudspeaker configured to generate sound waves, the loudspeaker comprising: a primary chamber comprising at least one speaker driver that generates the sound waves, radiates a first portion of the sound waves away from the primary chamber, and radiates a second portion of the sound waves into the primary chamber, wherein the first portion of the sound waves comprises fundamental output sound waves; at least one passive radiator having an effective area configured to radiate intermediate sound waves associated with the second portion of the sound waves; and at least one secondary chamber acoustically coupled to the primary chamber via the at least one passive radiator, the at least one secondary chamber comprising at least one output port having an output arca, the at least one output port configured to allow radiation of the intermediate sound waves received from the at least one passive radiator out of the at least one secondary chamber and away from the loudspeaker …”.
U.S. Patent No. 12,231,842
A loudspeaker configured to generate sound waves, the loudspeaker comprising: a primary chamber comprising at least one speaker driver that generates sound waves, radiates a first portion of the sound waves away from the primary chamber, and radiates a second portion of the sound waves into the primary chamber, wherein the first portion of the sound waves comprises fundamental output sound waves; at least one passive radiator having an effective area configured to radiate intermediate sound waves associated with the second portion of the sound waves; and at least one secondary chamber acoustically coupled to the primary chamber via the at least one passive radiator, the at least one secondary chamber comprising at least one output port having an output area, at least one output port configured to allow radiation of intermediate sound waves received from the at least one passive radiator out of the at least one secondary chamber and away from the loudspeaker …
Application 18/987,519
A loudspeaker configured to generate sound waves, the loudspeaker comprising: a primary chamber comprising at least one speaker driver that generates the sound waves, radiates a first portion of the sound waves away from the primary chamber, and radiates a second portion of the sound waves into the primary chamber, wherein the first portion of the sound waves comprises fundamental output sound waves; at least one passive radiator having an effective area configured to radiate intermediate sound waves associated with the second portion of the sound waves; and at least one secondary chamber acoustically coupled to the primary chamber via the at least one passive radiator, the at least one secondary chamber comprising at least one output port having an output area, the at least one output port configured to allow radiation of the intermediate sound waves received from the at least one passive radiator out of the at least one secondary chamber and away from the loudspeaker …
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Hamilton et al. (US Patent 5,952,620) teach an omni-directional sub-bass loudspeaker. Kolb et al. (US Patent Application, Pub. No.: US 2019/0339232) teach an acoustic resonance chamber. Strunk (US Patent Application, Pub. No.: US 2022/0124432) teaches an audio loudspeaker array and related methods. Lilley, JR (US Patent Application, Pub. No.: US 2015/0063621) teach a speaker assembly.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THJUAN KNOWLIN ADDY whose telephone number is (571)272-7486. The examiner can normally be reached 8:30AM - 5:00PM Mon-Fri.
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/THJUAN K ADDY/Primary Examiner, Art Unit 2693
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