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 .
Claims filed 1-17-2025
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 8-4-2026 was filed after the mailing date of the application filed on 1-17-2025. 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 § 102
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 12 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by QI X CN102497611A
Regarding claim 12, QI X CN102497611A discloses a magnetic circuit assembly of a bone conduction speaker (Figs 1-4, bone conduction speaker, abstract, para [5-6, 28-32]),, comprising:
a first magnetic element (Fig 2, inner magnet 23, para [28]);
a first magnetic guide element (Fig 2, first magnetic guide element/inner magnetic conductive plate 20, para [28]),
a magnetic field changing element (Fig 2 the bottom plate 24) configured to surround the first magnetic element (inner magnet 23),
a magnetic gap (Fig 2 shows a magnetic gap provided between the inner magnet 23 and the gap between the first magnetic guide element/inner magnetic conductive plate 20) being configured between the magnetic field changing element (Fig 2, the bottom plate 24) and the first magnetic element (inner magnet 23),
the magnetic field changing element is not connected with the first magnetic element (magnets are objects that produce their own persistent magnetic field); and at least one second magnetic element (Fig 2 shows second magnetic element/an annular magnet 22) located below the magnetic gap (Fig 2 shows the gap between upper surface of second magnetic guide element/inner magnetic conductive plate 20).
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) 1-4, 7, 11, 13-14, 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over QI X CN102497611A in view of QI X CN105472511A
Regarding claim 1, QI X CN102497611A discloses a magnetic circuit assembly of a bone conduction speaker (Figs 1-4, bone conduction speaker, abstract, para [5-6, 28-32]), comprising:
a first magnetic element (Fig 2, inner magnet 23, para [28]);
a first magnetic guide element (Fig 2, first magnetic guide element/inner magnetic conductive plate 20, para [28]),
a lower surface of the first magnetic guide element (Fig 2 shows a lower surface of the first magnetic guide element/inner magnetic conductive plate 20) being connected with an upper surface of the first magnetic element (Fig 2, upper surface of the first magnetic element 23);
a second magnetic guide element (Fig 2, second magnetic guide element/magnetic conductive 24, para [28]),
at least a portion of the second magnetic guide element (Fig 2, second magnetic guide element/magnetic conductive plate 24) being configured to surround the first magnetic element (Fig 2, the first magnetic element/the inner magnet 23) and
a magnetic gap being configured between the second magnetic guide element (Fig 2 shows a gap being configured between a second magnetic guide element/magnetic conductive plate 24) and the first magnetic element (Fig 2 shows a magnetic gap provided between the inner magnet 23, a gap between the first magnetic guide element/inner magnetic conductive plate 20); and
at least one second magnetic element (Figs 1-4, ring shaped magnetic conductive plate 18, para [28]) connected with an upper surface of the first magnetic guide element (first magnetic guide element 20),
wherein the first magnetic element and the at least one second magnetic element are magnets, and the first magnetic guide element and the second magnetic guide element are made of a soft magnetic material.
Referred to applicant specification para [0068] a soft magnetic material may include a metal, alloy, metal oxide, amorphous metal, or the like, for example iron, iron-silicon based alloy, and iron-aluminum based alloy, a nickel-iron based alloy, an iron-cobalt base alloy, a low carbon steel, a silicon steel sheet, a ferrite, or the like.
However, wherein the first magnetic element and the at least one second magnetic element are magnets, and the first magnetic guide element and the second magnetic guide element are made of a soft magnetic materials is well known in the art.
QI X CN105472511A teaches in para [28, 104, 125] the magnetic components may include a first magnetic conductor, a second magnetic conductor and magnet. The magnets mentioned here can be, but not limited to aluminum iron-boron, cobalt-nickel-aluminum, rare earth material, composite material. The magnetic conductors mentioned here are also called magnetic field concentrators or iron cores, and can be, but not limited to, stacked or blocked-shape element made of soft magnetic material, soft magnetic materials can be silicon steel sheets, ferrites and iron.
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to implement wherein the first magnetic element and the at least one second magnetic element are magnets, and the first magnetic guide element and the second magnetic guide element are made of a soft magnetic material in QI X CN102497611A ‘s invention as taught by taught by QI X CN105472511A, soft magnetic materials allow magnetic field lines to pass through very easily.
Regarding claim 2, QI X CN102497611A discloses the magnetic circuit assembly of claim 1, wherein at least a portion of the second magnetic guide element (Fig 2 shows the second magnetic guide element/magnetic conductive plate 24) is connected with a lower surface of the first magnetic element (inner magnet 23).
Regarding claim 3, QI X CN102497611A discloses the magnetic circuit assembly of claim 2, wherein a connection means between two of the first magnetic element, the first magnetic guide element, the second magnetic guide element, and the at least one second magnetic element includes bonding, snapping, welding, riveting, or bolting (para [19, 33] discloses each component of the bone conduction speaker driver is bonded by glue).
Regarding claim 4, QI X CN102497611A discloses the magnetic circuit assembly of claim 1, wherein the second magnetic guide element is a groove-type structure (Figs 1-4 shows).
Regarding claim 7, QI X CN102497611A discloses the magnetic circuit assembly of claim 1, wherein an included angle between a magnetization direction of the at least one second magnetic element and a magnetization direction of the first magnetic element is in a range from 90 degrees to 180 degrees (Fig 2, second magnet 18, first magnet 23. A person skill in the art can easily set the angle between the second magnetic 18 and the first magnetic 23 in the magnetization direction according to actual requirement, and the shape of the voice coil is also conventional design for a person skilled in the art according to actual requirements).
Therefore, it would have been obvious for a person skill in the art the magnetic circuit assembly an included angle between a magnetization direction of the at least one second magnetic element and a magnetization direction of the first magnetic element is 180 degrees is just a matter of design choice by the manufactures or one having ordinary skill in the art which would have yielded predictable results.
Regarding claim 11, QI X does not explicitly disclose the magnetic circuit assembly of claim 1, further comprising: a third magnetic guide element connected with an upper surface of the at least one second magnetic element.
However, the design purpose of dual magnets is to enhance the magnetic field strength of the magnetic gap. Therefore, QI X QI X CN102497611A implicitly disclose that the magnetic field strength within the magnetic gap of the magnetic circuit assembly is greater than the magnetic field strength generated by any single magnet at the magnetic gap, para [20] discloses the distribution to the magnetic lines of forces closes the magnetic circuit, so that the magnetic leakage is extremely small, and the magnetic flux distribution of the magnetic circuit is also increased, resulting in increased sensitivity).
Regarding claim 13, QI X CN102497611A does not disclose the magnetic circuit assembly of claim 12, wherein the first magnetic element and the at least one second magnetic element are magnets, and the first magnetic guide element and the magnetic field changing element are made of a soft magnetic material.
Referred to applicant specification para [0068] a soft magnetic material may include a metal, alloy, metal oxide, amorphous metal, or the like, for example iron, iron-silicon based alloy, and iron-aluminum based alloy, a nickel-iron based alloy, an iron-cobalt base alloy, a low carbon steel, a silicon steel sheet, a ferrite, or the like. However, wherein the first magnetic element and the at least one second magnetic element are magnets, and the first magnetic guide element and the second magnetic guide element are made of a soft magnetic materials is well known in the art.
QI X CN105472511A teaches in para [28, 104, 125] the magnetic components may include a first magnetic conductor, a second magnetic conductor and magnet. The magnets mentioned here can be, but not limited to aluminum iron-boron, cobalt-nickel-aluminum, rare earth material, composite material. The magnetic conductors mentioned here are also called magnetic field concentrators or iron cores, and can be, but not limited to, stacked or blocked-shape element made of soft magnetic material, soft magnetic materials can be silicon steel sheets, ferrites and iron.
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to implement wherein the first magnetic element and the at least one second magnetic element are magnets, and the first magnetic guide element and the second magnetic guide element are made of a soft magnetic material as in QI X CN102497611A ‘s invention as taught by taught by QI X CN105472511A, soft magnetic materials allow magnetic field lines to pass through very easily.
Regarding claim 14, QI X CN102497611A discloses the magnetic circuit assembly of claim 12, wherein a lower surface of the first magnetic guide element (Fig 2 shows a lower surface of the first magnetic guide element/inner magnetic conductive plate 20) being connected with an upper surface of the first magnetic element (upper surface of the first magnetic element 23), and
two ends of each of the at least one second magnetic element (Fig 2, second magnetic element/ring shaped magnetic conductive plate 18, para [28]) are the first magnetic element (first magnetic element/inner magnet 23) and the magnetic field changing element (para [30] discloses the intensity of the induced magnetic field changes accordingly, and the inductance also changes accordingly, causing the voice coil to undergo longitudinal reciprocating motion and causing the vibration of the vibrating plate).
Regarding claim 16, QI X CN102497611A discloses the magnetic circuit assembly of claim 14, wherein a connection means between two of the first magnetic element, the first magnetic guide element, the magnetic field changing element, and the at least one second magnetic element includes bonding, snapping, welding, riveting, or bolting (para [19, 33] discloses each component of the bone conduction speaker driver is bonded by glue).
Regarding claim 17, QI X CN102497611A does not explicitly disclose the magnetic circuit assembly of claim 12, further comprising: at least one third magnetic element located above the magnetic field changing element.
However, the design purpose of dual magnets is to enhance the magnetic field strength of the magnetic gap. Therefore, QI X CN102497611A implicitly disclose that the magnetic field strength within the magnetic gap of the magnetic circuit assembly is greater than the magnetic field strength generated by any single magnet at the magnetic gap, para [20] discloses the distribution to the magnetic lines of forces closes the magnetic circuit, so that the magnetic leakage is extremely small, and the magnetic flux distribution of the magnetic circuit is also increased, resulting in increased sensitivity).
Allowable Subject Matter
Claims 5-6, 8-10, 15, 18-20 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.
Claim 5 objected because the prior art QI X CN102497611A in view of QI X CN105472511A fails to teach the claimed limitation, “the magnetic circuit assembly of claim 4, wherein the groove-type structure includes a U- shaped cross section.”
Claim 8 objected because the prior art QI X CN102497611A in view of QI X CN105472511A fails to teach the claimed limitation, “the magnetic circuit assembly of claim 1, further comprising: at least one third magnetic element configured to surround the at least one second magnetic element and located above the second magnetic guide element”
Claim 9 objected because the prior art QI X CN102497611A in view of QI X CN105472511A fails to teach the claimed limitation, the magnetic circuit assembly of claim 8, further comprising: at least one fourth magnetic element connected with the second magnetic guide element and the at least one third magnetic element”
Claim 10 objected because the prior art QI X CN102497611A in view of QI X CN105472511A fails to teach the claimed limitation “the magnetic circuit assembly of claim 1, further comprising: at least one fifth magnetic element located below the magnetic gap, wherein the at least one fifth magnetic element is connected with the first magnetic element and the second magnetic guide element.”
Claim 15 objected because the prior art QI X CN102497611A in view of QI X CN105472511A fails to teach the claimed limitation “the magnetic circuit assembly of claim 14, wherein a connection surface between the magnetic field changing element and the second magnetic element includes a cross section in a wedge shape.”
Claim 18 objected because the prior art QI X CN102497611A in view of QI X CN105472511A fails to teach the claimed limitation “the magnetic circuit assembly of claim 17, further comprising: at least one fourth magnetic element located between the magnetic field changing element and the at least one third magnetic element”
Claim 19 objected because the prior art QI X CN102497611A in view of QI X CN105472511A fails to teach the claimed limitation “the magnetic circuit assembly of claim 12, further comprising: a magnetic shield configured to encompass the first magnetic element, the first magnetic guide element, the magnetic field changing element, and the second magnetic element, or at least one conductive element connected with at least one of the first magnetic element, the first magnetic guide element, or the second magnetic element”
Claim 20 objected because the prior art QI X CN102497611A in view of QI X CN105472511A fails to teach the claimed limitation “the magnetic circuit assembly of claim 12, further comprising: at least one fifth magnetic element connected with an upper surface of the first magnetic guide element”
Claim 6 objected because it depends on claim 5.
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 claims 1-20 of U.S. Patent No. 2023/0396928. While the claims are not identical, the claim of the U.S. Patent 2023/0396928 include all the elements of the instant claims and are narrower in scope. For these reasons, the two sets of claims are not patentably distinct.
Instant Application
U.A Patent 2023/0396928
1, a magnetic circuit assembly of a bone conduction speaker, comprising:
a first magnetic element;
a first magnetic guide element, a lower surface of the first magnetic guide element being connected with an upper surface of the first magnetic element;
a second magnetic guide element, at least a portion of the second magnetic guide element being configured to surround the first magnetic element and a magnetic gap being configured between the second magnetic guide element and the first magnetic element; and
at least one second magnetic element connected with an upper surface of the first magnetic guide element,
wherein the first magnetic element and the at least one second magnetic element are magnets, and
the first magnetic guide element and the second magnetic guide element are made of a soft magnetic material.
1. A magnetic circuit assembly of a bone conduction speaker, wherein the magnetic circuit assembly generates a first magnetic field, and
the magnetic circuit assembly includes: a first magnetic element generating a second magnetic field;
a first magnetic guide element configured to adjust a distribution of the second magnetic field,
a lower surface of the first magnetic guide element being connected with an upper surface of the first magnetic element and;
a second magnetic guide element, at least a portion of the second magnetic guide element being configured to surround the first magnetic element and
a magnetic gap being configured between the second magnetic guide element and the first magnetic element; and
at least one second magnetic element connected with an upper surface of the first magnetic guide element, wherein the at least one second magnetic element generates a third magnetic field.
7, the magnetic circuit assembly of claim 1, wherein an included angle between a magnetization direction of the at least one second magnetic element and a magnetization direction of the first magnetic element is in a range from 90 degrees to 180 degrees.
2. The magnetic circuit assembly of claim 1, wherein an included angle between a magnetization direction of the at least one second magnetic element and a magnetization direction of the first magnetic element is in a range from 90 degrees to 180 degrees.
8, the magnetic circuit assembly of claim 1, further comprising:
at least one third magnetic element configured to surround the at least one second magnetic element and located above the second magnetic guide element.
8. The magnetic circuit assembly of claim 1, further comprising: at least one third magnetic element configured to surround the at least one second magnetic element.
9, the magnetic circuit assembly of claim 8, further comprising:
at least one fourth magnetic element connected with the second magnetic guide element and the at least one third magnetic element.
9. The magnetic circuit assembly of claim 8, further comprising: at least one fourth magnetic element, wherein the at least one fourth magnetic element is connected with the second magnetic guide element and the at least one third magnetic element.
10, the magnetic circuit assembly of claim 1, further comprising:
at least one fifth magnetic element located below the magnetic gap, wherein the at least one fifth magnetic element is connected with the first magnetic element and the second magnetic guide element.
10. The magnetic circuit assembly of claim 1, further comprising: at least one fifth magnetic element located below the magnetic gap, wherein the at least one fifth magnetic element is connected with the first magnetic element and the second magnetic guide element.
11, the magnetic circuit assembly of claim 1, further comprising: a third magnetic guide element connected with an upper surface of the at least one second magnetic element.
11. The magnetic circuit assembly of claim 1, further comprising: a third magnetic guide element connected with the at least one second magnetic element.
12, a magnetic circuit assembly of a bone conduction speaker, comprising:
a first magnetic element;
a first magnetic guide element;
a magnetic field changing element configured to surround the first magnetic element,
a magnetic gap being configured between the magnetic field changing element and the first magnetic element,
the magnetic field changing element is not connected with the first magnetic element; and at least one second magnetic element located below the magnetic gap.
12. A magnetic circuit assembly of a bone conduction speaker, comprising:
a first magnetic element generating a first magnetic field;
a first magnetic guide element; a magnetic field changing element configured to surround the first magnetic element, the magnetic field changing element being a magnetic element for generating a magnetic field or a magnetic guide element for adjusting a distribution of the first magnetic field,
a magnetic gap being configured between the magnetic field changing element and the first magnetic element; and
at least one second magnetic element located below the magnetic gap, wherein the at least one second magnetic element generates a second magnetic field.
15, the magnetic circuit assembly of claim 14, wherein a connection surface between the magnetic field changing element and the second magnetic element includes a cross section in a wedge shape.
18. The magnetic circuit assembly of claim 12, wherein the magnetic field changing element is connected with the at least one second magnetic element, a connection surface between the magnetic field changing element and the at least one second magnetic element including a cross section in a wedge shape.
19, the magnetic circuit assembly of claim 12, further comprising:
a magnetic shield configured to encompass the first magnetic element, the first magnetic guide element, the magnetic field changing element, and the second magnetic element, or
at least one conductive element connected with at least one of the first magnetic element, the first magnetic guide element, or the second magnetic element.
17. The magnetic circuit assembly of claim 12, further comprising: a magnetic shield configured to encompass the first magnetic element, the first magnetic guide element, the magnetic field changing element, and the second magnetic element, or at least one conductive element connected with at least one of the first magnetic element, the first magnetic guide element, or the second magnetic element.
20, the magnetic circuit assembly of claim 12, further comprising:
at least one fifth magnetic element connected with an upper surface of the first magnetic guide element.
19. The magnetic circuit assembly of claim 12, further comprising: at least one fifth magnetic element connected with an upper surface of the first magnetic guide element, wherein the at least one fifth magnetic element generates a fifth magnetic field, the fifth magnetic field increases the magnetic field strength of the first magnetic field within the magnetic gap.
Claims 2-6, 11, 13-14, 16-18 are rejected because they are dependent on the based claims.
Conclusion
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/JULIE X DANG/Examiner, Art Unit 2692
/CAROLYN R EDWARDS/Supervisory Patent Examiner, Art Unit 2692
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