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 .
Drawings
Figures 1-2 are objected to because shown components are not clearly identified in the figure. Elements critical to the understanding of the invention should also be identified via written legend (See 37 CFR 1.84 (o)). Such a legend may, for example, be placed alongside the figures as presented, identifying elements by name and number (e.g. 1: Main Portion).
New corrected drawings in compliance with 37 CFR 1.121(d) are required in this application. Applicant is advised to employ the services of a competent patent draftsperson outside the Office, as the U.S. Patent and Trademark Office no longer prepares new drawings. The corrected drawings are required in reply to the Office action to avoid abandonment of the application. The requirement for corrected drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities:
Paragraph 4 line 1-2 reads “atigue-resistant” and should read “fatigue-resistant.”
Appropriate correction is required.
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 and 5-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wang et al (hereinafter Wang), Chinese Patent Publication CN116320918A.
Regarding claim 1, Wang discloses, as shown in Figs. 2 and 3, a conductive diaphragm (Diaphragm (10) comprises a conductive part (12).....¶[n0041], lines 1-2) comprising: a main portion (main body (11)) made of polymer material (polyether ether ketone (PEEK).....¶[n0041], line 3); and a conductive portion (Conductive part (12)) located on the main portion (Shown in Figs. 2, 3.....¶[n0041], line 5), comprising a substrate with a film layer (A matrix (substrate) formed as a film layer.....¶[n0042], lines 1-2) and conductive material dispersed in the substrate (¶[n0042], lines 1-2), the film layer solidified from fluoroelastomer (The solid film layer is made from ω dihydroxy polysiloxane (PDMS, an elastomer.....¶[n0042], lines 3-4) which may be fluorinated using CH2CH2CF3, forming a fluoroelastomer (¶[n0043]-¶[n0044]).
Regarding claim 2, Wang discloses the conductive diaphragm claim 1, wherein the content of the conductive material in the conductive portion is 15wt%~ 95wt% in terms of mass percentage (The conductive material is 70-95% of the total mass of the conductive portion…..¶[n0014]), the conductive material comprises metal powder (Silver powder…..¶[n0015]).
Regarding claim 3, Wang discloses the conductive diaphragm as described in claim 2, wherein the metal powder comprises silver powder (Silver powder…..¶[n0015]).
Regarding claim 5, Wang discloses the conductive diaphragm as described in claim 2, wherein the material of electrically conductive composite powder is a combination of silver and copper (¶[n0095], line 1).
Regarding claim 6, Wang discloses the conductive diaphragm as described in claim 1, wherein the conductive material comprises at least one of spherical particle, sheet particle, rod particle or irregular polygonal particle (¶[n0016], lines 1-2).
Regarding claim 7, Wang discloses the conductive diaphragm as described in claim 1, wherein the main portion is made of at least one of polyetheretherketone (main body (11)) made of polymer material (polyether ether ketone (PEEK).....¶[n0041], line 3).
Regarding claim 8, Wang discloses the conductive diaphragm as described in claim 1, wherein one part of the conductive portion is embedded in the main portion (¶[n0082], lines 1-2), and the other part of the conductive portion is exposed to be electrically connected to an external circuit (¶[0041], lines 5-7).
Regarding claim 9, Wang discloses the conductive diaphragm as described in claim 1, wherein the conductive portion is coated or bonded to one side surface of the main portion (¶[n0041], lines 5-7).
Regarding claim 10, Wang discloses a sound producing apparatus (Sound generating device…..¶[n0040], line 3) comprising: a vibration system (A vibrating voice coil…..¶[n0040], line 8) comprising a conductive diaphragm (¶[n0040], line 8) as described in claim 1; and a magnetic circuit system (¶[n0040], lines 3-4) driving the vibration system to vibrate and sound (The magnetic field force from the magnetic circuit drives the diaphragm to produce sound…..¶[n0040], lines 7-8).
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.
Claim(s) 4 is rejected under 35 U.S.C. 103 as being unpatentable over Wang in view of Li et al (hereinafter Li), Chinese Patent Publication No. CN116132891A.
Regarding claim 4, Wang teaches the conductive diaphragm as described in claim 2, but fails to teach wherein the material of the carbon-based particle is a selection from at least one of carbon black, graphene, or carbon nanotubes.
Li teaches a conductive diaphragm wherein the material of the carbon-based particle is carbon black (¶[n0074], line 4).
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Wang by Li to provide the benefit of high conductivity of conductive particles (¶[n0074], lines 6-8). Such modification would make obvious the feature(s) wherein the material of the carbon-based particle is a selection from at least one of carbon black, graphene, or carbon nanotubes.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Guo et al, US-PG-PUB No. 2021/0274284 teaches a conductive diaphragm made by depositing graphene film on a main body
Wang et al, CN Publication CN114222227A teaches a diaphragm with a main body and conductive element, wherein the conductive element is made of organic silicon compound.
Li et al, CN Publication CN116095576A teaches a conductive diaphragm wherein the conductive element is made of acrylic ester polymer (a thermoplastic elastomer) containing carboxylic acid group and a cross-linking agent.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SEAN RINEHART whose telephone number is (571)272-2778. The examiner can normally be reached M-F 10:00 AM - 6:00 PM ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Fan Tsang can be reached on (571) 272-7547. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SEAN RINEHART/Examiner, Art Unit 2694
/FAN S TSANG/Supervisory Patent Examiner, Art Unit 2694
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