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 .
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 1 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 1, claim 1 recites “a particle size of the spherical conductive material is 0.01-20 µm, the thickness of the flake conductive material is 0.05-5 µm and the length is 0.01-20 µm, or the diameter of the rod-like conductive material is 5-100 nm and the length is 0.1-50 µm” in lines 5-7. It is unclear whether the applicant meant “a particle size of the spherical conductive material is 0.01 nm -20 µm, the thickness of the flake conductive material is 0.05 nm -5 µm and the length is 0.01 nm -20 µm, or the diameter of the rod-like conductive material is 5 pm -100 nm and the length is 0.1 nm -50 µm” or “a particle size of the spherical conductive material is 0.01 µm - 20 µm, the thickness of the flake conductive material is 0.05 µm - 5 µm and the length is 0.01 µm -20 µm, or the diameter of the rod-like conductive material is 5 nm - 100 nm and the length is 0.1 µm - 50 µm.” The Examiner believes the Applicant meant the latter and has interpreted claim 1 accordingly.
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, 5 and 7-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wang et al. (CN 116132889) herein Wang.
Regarding claim 1, Wang discloses a diaphragm for a speaker (diaphragm 10, Figs. 1-4, [Abstract]), comprising a main body and a conductive part disposed on the main body (main body 11 with conductive part 12 disposed on the main body, Figs. 1-3), the conductive part including a base portion and a conductive material dispersed in the base portion, wherein the conductive material accounts for 35 wt% to 95 wt% of the conductive part (conductive part 12 includes a base portion and conductive material making up 50-95% of the weight of the conductive part, [0015], [0066]), and the shape of the conductive material includes at least one of flake, rod-like, or network- like, a particle size of the spherical conductive material is 0.01-20 µm (grain diameter of spherical conductive particles 122 is not more than 20 µm), the thickness of the flake conductive material is 0.05-5 µm and the length is 0.01-20 µm, or the diameter of the rod-like conductive material is 5-100 nm and the length is 0.1-50 µm (the dimensions of the conductive particles 122 fall within this range, [0054]-[0056], [0062], [0064]); and wherein the conductive material includes at least one combination of silver with gold, gold with copper, silver with nickel, silver with vanadium, silver with indium, or silver with palladium (conductive particles 122 can include a combination of gold, silver, copper, nickel, zinc, etc., [0065]).
Regarding claim 2, Wang discloses wherein the conductive material includes at least one of a metal material, a metal compound, or a carbon-based material (conductive particles 122 can include metal, a metal compound or a carbon-containing particle, [0065]).
Regarding claim 3, Wang discloses wherein the metal material includes at least one of silver, gold, copper, aluminum, nickel, vanadium, indium, or palladium (conductive particles 122 can include a combination of gold, silver, copper, nickel, zinc, etc., [0065]).
Regarding claim 5, Wang discloses wherein the carbon-based material includes at least one of carbon black, graphene, or carbon nanotubes (carbon-containing particles can include graphene, carbon black or carbon nano-tubes, [0065]).
Regarding claim 7, Wang discloses wherein the conductive part is disposed on one side of the main body or at least partially embedded in the main body (conductive part 12 is disposed on one side of the main body 11, Figs. 1, 2).
Regarding claim 8, Wang discloses wherein the conductive part is coated or adhered to one side of the main body, or the conductive part and the main body are integrally injection-molded (conductive part 12 is adhered to the main body 11, can also be coated or bonded or formed by injection molding, [Abstract], [0050], [0072], Figs. 1, 2).
Regarding claim 9, Wang discloses a speaker having a diaphragm as described in claim 1 (diaphragm 10 is for a sounding device/speaker, [Abstract])
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 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (CN 116132889) herein Wang.
Regarding claim 4, while Wang does not specifically teach wherein the metal compound includes at least one of indium oxide, tin oxide, zinc oxide, or titanium nitride, Wang does teach the use of zinc compounds (conductive particles 122 can include a combination of gold, silver, copper, nickel, zinc, etc., [0065]), and it is well known in the art to utilize zinc oxide for zinc compounds.
Therefore, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the claimed invention to modify the zinc particles of Wang to be a zinc oxide particle to take advantage of conductive properties of zinc oxide. The Examiner takes Official Notice.
Regarding claim 6, while Wang does not teach wherein the material of the base portion includes at least one of a thermoplastic elastomer, polyurethane, silicone rubber, acrylate rubber, ethylene acrylate rubber, nitrite rubber, or hydrogenated nitrile rubber, Wang does teach the use of thermoplastic elastomer, polyurethane, silicone rubber, acrylate rubber, ethylene acrylate rubber, nitrite rubber, or hydrogenated nitrile rubber in its main body for the purpose of adhering the conductive particles (main body 11 made of rubber materials, [Abstract], [0008], [0009], [0013], [0046]). Therefore, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the claimed invention to modify the base portion of the conductive part to include at least one of a thermoplastic elastomer, polyurethane, silicone rubber, acrylate rubber, ethylene acrylate rubber, nitrite rubber, or hydrogenated nitrile rubber in order to better adhere the conductive particles to the base and to take advantage of rubber’s better temperature resistance and low modulus, high elasticity, etc. ([0046]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SEAN H NGUYEN whose telephone number is (571)270-5728. The examiner can normally be reached M-F 10-6 PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Duc Nguyen can be reached at (571)272-7503. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/SEAN H NGUYEN/Primary Examiner, Art Unit 2691
Prosecution Insights