DETAILED ACTION
Non-Final Rejection
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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 01/26/2025 was filed. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 3 recites the limitation " the groove" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 8 recites the limitation "the speaker unit" in line 4. There is insufficient antecedent basis for this limitation in the claim.
Claim 12 recites the limitation "the speaker unit" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 13 recites the limitation "the speaker unit" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 20 recites the limitation " during injection molding of the housing" in line 2. There is insufficient antecedent basis for this limitation in the claim.
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) 1-3, 6, 8, 14, 16 and 18-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Goodley (US 5209226 A).
Regarding claim 1, Goodley teaches an underwater communication device (10), comprising: a holding unit (14); a microphone unit (there is a microphone pick-up to transduce the voice of the diver for a sonar transmitter); and a housing (46, 30). (Col.3, line 40-43, Col.4, lines 16-20, Figs.1-3)
Goodley also teaches wherein the housing features a chamber (internal breathing chamber at 36), a passage opening (opening of 40, 41 wherein pipes puncture), an aperture (formed from split lip 34), a front-facing side (mouth side facing of 12), and a noise reduction part (ribbed or accordianed lower wall 60) (this wall disperses part of the sound propagating in the chamber), the passage opening (opening of 40, 41) and the aperture (formed from split lip 34) are respectively connected to the chamber (36), and the aperture (formed from split lip 34) defines the front-facing side (Figs.1-3), The noise reduction part is disposed on the inner wall of the housing that defines the chamber (wall 60 is located on the inner wall of frame 30), the microphone unit is installed within the chamber of the housing (Somewhere in the breathing chamber, or between the diaphragm 28 and the frame 30, or in any other nearby suitable place, there is a microphone pick-up to transduce the voice of the diver for a sonar transmitter), and the holding unit (14) is mounted on the housing (46,30). (Col.2, lines 67-68, Col.4, lines 40-45, 53-59, Col.3, lines 40-43, Figs.1-3)
Regarding claim 2, Goodley teaches wherein the noise reduction part is a protrusion from the inner wall of the housing, so that a series of mutually spaced protrusions are arranged on the inner wall of the housing. (Col.4, lines 53-59, Figs.1-3)
Regarding claim 3, Goodley teaches wherein the noise reduction part is invaginated in the groove of the inner wall of the housing, so that a series of mutually spaced grooves are arranged on the inner wall of the housing. (Col.4, lines 53-59, Figs.1-3)
Regarding claim 6, Goodley teaches wherein the noise reduction part forms roughness on at least a part of the inner wall of the housing. (Col.4, lines 53-59, Figs.1-3)
Regarding claim 8, Goodley teaches wherein the size of the housing gradually decreases outward from the front-facing side of the housing, so that the chamber of the housing gradually collapses, and the speaker unit is held at the bottom of the chamber of the housing. (Figs.1-3)
Regarding claim 14, Goodley teaches a communication method of the underwater communication device, comprising: (A) A housing (46, 30) of an underwater communication device (10) is designed to be held in front of a diver's (12) mouth. (Figs.1-3)
Goodley also teaches When the diver remits sound waves, a part of these sound waves directly reaches the microphone unit of the underwater communication device located in the chamber of the housing (Somewhere in the breathing chamber, or between the diaphragm 28 and the frame 30, or in any other nearby suitable place, there is a microphone pick-up to transduce the voice of the diver for a sonar transmitter), another part is reflected by the noise reduction part of the housing before reaching the microphone unit, while yet another part is directed away from the microphone unit after being reflected by the noise reduction part of the housing (a portion of the sound wave emitted from the diver is reflected by the ribbed/accordianed lower wall 60 before reaching the microphone and then a portion of the sound wave is directed away from the microphone after it is reflected off the ribbed/accordianed lower wall 60). (Col.3, lines 40-43, Col.4, lines 53-59, Figs.1-3)
Regarding claim 16, Goodley teaches wherein in the step (B), a part of the sound waves is converged by the noise reduction part of the housing toward the microphone unit. (Col.3, lines 40-43, Col.4, lines 53-59, Figs.1-3)
Regarding claim 18, Goodley teaches a manufacturing method of underwater communication device (10), comprising: (a) Form a noise reduction part on the inner wall of a housing for defining a chamber (forming of the diaphragm 28 and the ribbed/accordianed lower wall 60). (Figs.1-3)
Goodley also teaches to Mount a microphone unit at the bottom of the chamber of the housing from an aperture for defining the front-facing side of the housing (Somewhere in the breathing chamber, or between the diaphragm 28 and the frame 30, or in any other nearby suitable place, there is a microphone pick-up to transduce the voice of the diver for a sonar transmitter); and (c) Install a holding unit on the housing to produce the underwater communication device (Fig.1). (Col.3, lines 40-43, Figs.1-3)
Regarding claim 19, Goodley teaches wherein in the step (a), the inner wall of the housing is roughened to form the noise reduction part on the inner wall of the housing. (Col.4, lines 53-59, Figs.1-3)
Regarding claim 20, Goodley teaches wherein in the step (a), during injection molding of the housing, at least a part of the inner wall of the housing is allowed to form mutually spaced protrusions or grooves to form the noise reduction part. (Col.4, lines 53-59, Figs.1-3)
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.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 4-5 are rejected under 35 U.S.C. 103 as being unpatentable over Goodley.
Regarding claim 4, Goodley teaches the protrusion size of the housing (Figs.1-3) but does not explicitly teach the protrusion size of the housing decreases sequentially from the aperture of the housing towards the passage opening direction. It would have been an obvious matter of design choice to make the different portions of the protrusion size of the housing of whatever form or shape was desired or expedient. A change in form or shape is generally recognized as being within the level of ordinary skill in the art, absent any showing of unexpected results. In re Dailey et al., 149 USPQ 47.
Regarding claim 5, Goodley teaches the grooving size of the grooves of the housing (Figs.1-3) but does not explicitly teach the grooving size of the grooves of the housing decreases sequentially from the aperture of the housing towards the passage opening direction. It would have been an obvious matter of design choice to make the grooving size of the grooves of the housing of whatever form or shape was desired or expedient. A change in form or shape is generally recognized as being within the level of ordinary skill in the art, absent any showing of unexpected results. In re Dailey et al., 149 USPQ 47.
Claim(s) 9-13 are rejected under 35 U.S.C. 103 as being unpatentable over Goodley in view of Jung (WO 2021080078 A1, all citations provided from machine translation attached).
Regarding claim 9, Goodley does not explicitly teach wherein the holding unit comprises an assembly part, a mouthpiece part, and two elastic arms, an assembly part further comprises an assembly plate and two extension arms symmetrically arranged on opposite sides of the assembly plate, and the assembly plate is mounted on the inner wall of the housing, the mouthpiece part further comprises a mounting element and two mouthpiece arms; each mouthpiece arm comprises a diagonal arm, and a straight arm set at the free end of the diagonal arm, and the diagonal arm of each mouthpiece arm extends outward from the opposite sides of the mounting element in an integrated and inclined manner, respectively, each of the elastic arms extends in a bent manner and forms an elastic outer end and an elastic inner end corresponding to the elastic outer end, the elastic outer end of each elastic arm is respectively mounted on the free end of each extension arm of the assembly part, and the elastic inner end of each elastic arm is respectively mounted on the opposite sides of the mounting element of the mouthpiece part.
Jung teaches wherein the holding unit comprises an assembly part, a mouthpiece part, and two elastic arms, an assembly part further comprises an assembly plate and two extension arms symmetrically arranged on opposite sides of the assembly plate, and the assembly plate is mounted on the inner wall of the housing, the mouthpiece part further comprises a mounting element and two mouthpiece arms; each mouthpiece arm comprises a diagonal arm, and a straight arm set at the free end of the diagonal arm, and the diagonal arm of each mouthpiece arm extends outward from the opposite sides of the mounting element in an integrated and inclined manner, respectively, each of the elastic arms extends in a bent manner and forms an elastic outer end and an elastic inner end corresponding to the elastic outer end, the elastic outer end of each elastic arm is respectively mounted on the free end of each extension arm of the assembly part, and the elastic inner end of each elastic arm is respectively mounted on the opposite sides of the mounting element of the mouthpiece part. (Figs.1-4)
It would have been obvious to one having ordinary skill in the art before the effective filling date to have modified Goodley to incorporate wherein the holding unit comprises an assembly part, a mouthpiece part, and two elastic arms, an assembly part further comprises an assembly plate and two extension arms symmetrically arranged on opposite sides of the assembly plate, and the assembly plate is mounted on the inner wall of the housing, the mouthpiece part further comprises a mounting element and two mouthpiece arms; each mouthpiece arm comprises a diagonal arm, and a straight arm set at the free end of the diagonal arm, and the diagonal arm of each mouthpiece arm extends outward from the opposite sides of the mounting element in an integrated and inclined manner, respectively, each of the elastic arms extends in a bent manner and forms an elastic outer end and an elastic inner end corresponding to the elastic outer end, the elastic outer end of each elastic arm is respectively mounted on the free end of each extension arm of the assembly part, and the elastic inner end of each elastic arm is respectively mounted on the opposite sides of the mounting element of the mouthpiece part as taught by Jung in order to prevent damage to the external electronic devices and to vibrate and transmit audible sound waves.
Regarding claim 10, Goodley does not explicitly teach wherein the straight arm is detachably mounted on the free end of the diagonal arm.
Jung teaches wherein the straight arm is detachably mounted on the free end of the diagonal arm. (Figs.1-4)
It would have been obvious to one having ordinary skill in the art before the effective filling date to have modified Goodley to incorporate wherein the straight arm is detachably mounted on the free end of the diagonal arm as taught by Jung in order to prevent damage to the external electronic devices by preventing seawater from being introduced into the underwater communication device.
Regarding claim 11, Goodley does not explicitly teach wherein the housing has a clamping part composed of a first clamping protrusion, a second clamping protrusion, and a clamping groove formed between the first clamping protrusion and the second clamping protrusion, the first clamping protrusion and the second clamping protrusion are formed on the inner wall of the housing in a mutually spaced manner, and the assembly plate of the assembly part is clamped in the clamping groove of the clamping part to install the assembly plate on the inner wall of the housing.
Jung teaches wherein the housing has a clamping part composed of a first clamping protrusion, a second clamping protrusion, and a clamping groove formed between the first clamping protrusion and the second clamping protrusion, the first clamping protrusion and the second clamping protrusion are formed on the inner wall of the housing in a mutually spaced manner, and the assembly plate of the assembly part is clamped in the clamping groove of the clamping part to install the assembly plate on the inner wall of the housing. (Figs.1-4)
It would have been obvious to one having ordinary skill in the art before the effective filling date to have modified Goodley to incorporate wherein the housing has a clamping part composed of a first clamping protrusion, a second clamping protrusion, and a clamping groove formed between the first clamping protrusion and the second clamping protrusion, the first clamping protrusion and the second clamping protrusion are formed on the inner wall of the housing in a mutually spaced manner, and the assembly plate of the assembly part is clamped in the clamping groove of the clamping part to install the assembly plate on the inner wall of the housing as taught by Jung in order to prevent damage to the external electronic devices by preventing seawater from being introduced into the underwater communication device.
Regarding claim 12, Goodley does not explicitly teach wherein the speaker unit comprises a waterproof housing, a microphone, a waterproof bag and a transduction space, the waterproof bag is set on the waterproof housing by forming the transduction space between the waterproof bag and the waterproof housing, and the microphone is set on the waterproof housing and facing the transduction space, wherein the waterproof housing is set on the housing.
Jung teaches wherein the speaker unit comprises a waterproof housing, a microphone, a waterproof bag and a transduction space, the waterproof bag is set on the waterproof housing by forming the transduction space between the waterproof bag and the waterproof housing, and the microphone is set on the waterproof housing and facing the transduction space, wherein the waterproof housing is set on the housing. (Page.15, line 20-Page.16, line 15, Fig.15)
It would have been obvious to one having ordinary skill in the art before the effective filling date to have modified Goodley to incorporate wherein the speaker unit comprises a waterproof housing, a microphone, a waterproof bag and a transduction space, the waterproof bag is set on the waterproof housing by forming the transduction space between the waterproof bag and the waterproof housing, and the microphone is set on the waterproof housing and facing the transduction space, wherein the waterproof housing is set on the housing as taught by Jung in order for transmission of audible sound waves and transmission of ultrasonic waves that can be used together resulting in being able to easily communicate with other divers located on the side or behind the ruler.
Regarding claim 13, Goodley does not explicitly teach wherein the speaker unit further comprises a bag holder which has a bag holder space, a bag holder opening and a set of bag holder passages, the bag holder opening is connected to the bag holder space at the mounting end of the bag holder, and a set of bag holder passages are respectively connected to the bag holder space at the free end of the bag holder, the bag holder is mounted on the waterproof housing in such a way that a part of the waterproof housing extends through the bag holder opening to the bag holder space, the waterproof bag is attached to the outside of the bag holder and covers the bag holder passage.
Jung teaches wherein the speaker unit further comprises a bag holder which has a bag holder space, a bag holder opening and a set of bag holder passages, the bag holder opening is connected to the bag holder space at the mounting end of the bag holder, and a set of bag holder passages are respectively connected to the bag holder space at the free end of the bag holder, the bag holder is mounted on the waterproof housing in such a way that a part of the waterproof housing extends through the bag holder opening to the bag holder space, the waterproof bag is attached to the outside of the bag holder and covers the bag holder passage. (Page.15, line 20-Page.16, line 15, Figs.14-16)
It would have been obvious to one having ordinary skill in the art before the effective filling date to have modified Goodley to incorporate wherein the speaker unit further comprises a bag holder which has a bag holder space, a bag holder opening and a set of bag holder passages, the bag holder opening is connected to the bag holder space at the mounting end of the bag holder, and a set of bag holder passages are respectively connected to the bag holder space at the free end of the bag holder, the bag holder is mounted on the waterproof housing in such a way that a part of the waterproof housing extends through the bag holder opening to the bag holder space, the waterproof bag is attached to the outside of the bag holder and covers the bag holder passage as taught by Jung in order for transmission of audible sound waves and transmission of ultrasonic waves that can be used together resulting in being able to easily communicate with other divers located on the side or behind the ruler.
Claim(s) 15 is rejected under 35 U.S.C. 103 as being unpatentable over Goodley in view of Kropf (US 20160094911 A1).
Regarding claim 15, Goodley does not explicitly teach wherein in the step (B), a part of the sound wave is captured by the noise reduction part of the housing.
Kropf teaches wherein in the step (B), a part of the sound wave is captured by the noise reduction part of the housing. (Paragraphs 42-43, Fig.2)
It would have been obvious to one having ordinary skill in the art before the effective filling date to have modified Goodley to incorporate wherein in the step (B), a part of the sound wave is captured by the noise reduction part of the housing as taught by Kropf in order to reduce audio feedback.
Allowable Subject Matter
Claim 7 and 17 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ABDALLAH ABULABAN whose telephone number is (571)272-4755. The examiner can normally be reached Monday - Friday 7:00am-3:00pm EST.
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/ABDALLAH ABULABAN/Primary Examiner, Art Unit 3645
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