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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statements (IDS’s) submitted on 01/27/2025 and 06/02/2026 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements have 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(s) 1,3 and 9 are rejected under 35 U.S.C. 102(a1) as being anticipated by Liu et al. (US 2020/0313531).
Regarding claim 1, Liu et al. disclose:
A vibration generating device (abstract), comprising:
a housing (131, 132);
a movable body (20) housed in the housing (131,132);
a supporting member (31,32) configured to support the movable body (20) to be vibratable along a first direction;
a coil (11) including a wire bundle (para 32 – coil set) that extends along a second direction perpendicular to the first direction; and
a magnetic flux generating member (22-24) configured to generate a magnetic flux that passes through the wire bundle along a third direction perpendicular to each of the first direction and the second direction,
wherein one of the coil (11) or the magnetic flux generating member (22) is fixed to the housing (131,132), another of the coil (11) or the magnetic flux generating member (22-24d) is fixed to the movable body (20), and
the vibration generating device includes a conductive member (14a-d) that is fixed to the coil (11) and extends along the first direction so as to cross the magnetic flux, and
is configured to reduce an acceleration of the movable body (20) by generating an eddy current in response to a movement of the movable body (20) along the first direction (para 31).
Regarding claim 3/1, Liu et al. disclose wherein the conductive member has conductivity higher than conductivity of iron and an iron alloy (para 16).
Regarding claim 9/1, Liu et al. disclose wherein the conductive member (14a-d) includes no opening at a position corresponding to a trajectory of a center of the magnetic flux that is formed in response to vibration of the movable body (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.
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) 2,4-7 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Liu et al. (US 2020/0313531).
Regarding claim 2/1, Liu et al. disclose the invention as discussed above, except
wherein the conductive member is formed of a non-magnetic metal.
However, since Liu et al. disclose the use of metal or metal alloy (para 16), a skilled artisan would readily recognize the benefits of wherein the conductive member is formed of a non-magnetic metal, as it would depend on desired level of high magnetic susceptibility and saturation magnetization (para 13), cost and weight.
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing of the invention to modify Liu et al. wherein the conductive member is formed of a non-magnetic metal.
The motivation to do so depend on desired level of high magnetic susceptibility and saturation magnetization (para 13 of Liu et al.), cost and weight.
Regarding claim 4/1, Liu et al. disclose the invention as discussed above, except for wherein the conductive member is formed of copper, aluminum, an alloy containing copper, or an alloy containing aluminum.
However, since Liu et al. disclose the use of metal or metal alloy (para 16), a skilled artisan would readily recognize the benefits of choosing wherein the conductive member is formed of copper, aluminum, an alloy containing copper, or an alloy containing aluminum, as it would depend on desired level of high magnetic susceptibility and saturation magnetization (para 13), cost and weight.
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing of the invention to modify Liu et al. wherein the conductive member is formed of copper, aluminum, an alloy containing copper, or an alloy containing aluminum.
The motivation to do so depend on desired level of high magnetic susceptibility and saturation magnetization (para 13 of Liu et al.), cost and weight.
Regarding claim 5/1, Liu et al. disclose the invention as discussed above, except for explicitly mentioning wherein the conductive member (14a-d) is disposed between the magnetic flux generating member (22-24) and the coil (11, para 37).
However, since Liu et al. disclose in para 37 that “arrangement positions of the conductive sheet assembly and the secondary magnet set can be exchanged”, a skilled artisan would readily recognize the benefits of choosing wherein the conductive member (14a-d) is disposed between the magnetic flux generating member (22-24) and the coil (11, para 37), as it would depend on desired level of high magnetic susceptibility and saturation magnetization (para 13), cost and weight.
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing of the invention to modify Liu et al. wherein the conductive member is disposed between the magnetic flux generating member and the coil.
The motivation to do so depend on desired level of high magnetic susceptibility and saturation magnetization (para 13 of Liu et al.), cost.
Liu et al. discloses the claimed invention except for wherein the conductive member (14a-d) is disposed between the magnetic flux generating member (22-24) and the coil (11, para 37). It would have been obvious to one having ordinary skill in the art before the effective filing of the invention to arrange wherein the vibration generating device further includes a magnetic flux attracting member (22-24) configured to attract the magnetic flux to a position separated from the magnetic flux generating member along the third direction, and the conductive member (14a-d) is disposed between the magnetic flux generating member and the magnetic flux attracting member, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japiske, 86 USPQ 70.
The motivation to do so depend on desired level of high magnetic susceptibility and saturation magnetization (para 13 of Liu et al.), cost, available space surrounding the components.
Regarding claim 6/1, Liu et al. disclose the invention as discussed above, except for explicitly mentioning wherein the vibration generating device further includes a magnetic flux attracting member (22-24) configured to attract the magnetic flux to a position separated from the magnetic flux generating member along the third direction, and the conductive member (14a-d) is disposed between the magnetic flux generating member and the magnetic flux attracting member.
However, since Liu et al. disclose in para 37 that “arrangement positions of the conductive sheet assembly and the secondary magnet set can be exchanged”, a skilled artisan would readily recognize the benefits of choosing wherein the vibration generating device further includes a magnetic flux attracting member (22-24) configured to attract the magnetic flux to a position separated from the magnetic flux generating member along the third direction, and the conductive member (14a-d) is disposed between the magnetic flux generating member and the magnetic flux attracting member, as it would depend on desired level of high magnetic susceptibility and saturation magnetization (para 13), cost and weight.
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing of the invention to modify Liu et al. wherein the vibration generating device further includes a magnetic flux attracting member configured to attract the magnetic flux to a position separated from the magnetic flux generating member along the third direction, and the conductive member is disposed between the magnetic flux generating member and the magnetic flux attracting member.
The motivation to do so depend on desired level of high magnetic susceptibility and saturation magnetization (para 13 of Liu et al.), cost.
Liu et al. discloses the claimed invention except for wherein the vibration generating device further includes a magnetic flux attracting member (22-24) configured to attract the magnetic flux to a position separated from the magnetic flux generating member along the third direction, and the conductive member (14a-d) is disposed between the magnetic flux generating member and the magnetic flux attracting member. It would have been obvious to one having ordinary skill in the art before the effective filing of the invention to arrange wherein the vibration generating device further includes a magnetic flux attracting member (22-24) configured to attract the magnetic flux to a position separated from the magnetic flux generating member along the third direction, and the conductive member (14a-d) is disposed between the magnetic flux generating member and the magnetic flux attracting member, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japiske, 86 USPQ 70.
The motivation to do so depend on desired level of high magnetic susceptibility and saturation magnetization (para 13 of Liu et al.), cost, available space surrounding the components.
Regarding claim 7/6, Liu et al. disclose the invention as discussed above, except for explicitly mentioning wherein the magnetic flux generating member is a first permanent magnet, the magnetic flux attracting member is a second permanent magnet, and the first permanent magnet and the second permanent magnet are disposed such that surfaces facing each other have different polarities.
However, since Liu et al. disclose in para 37 that “arrangement positions of the conductive sheet assembly and the secondary magnet set can be exchanged”, a skilled artisan would readily recognize the benefits of choosing wherein the magnetic flux generating member is a first permanent magnet, the magnetic flux attracting member is a second permanent magnet, and the first permanent magnet and the second permanent magnet are disposed such that surfaces facing each other have different polarities, as it would depend on desired level of high magnetic susceptibility and saturation magnetization (para 13), cost and weight.
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing of the invention to modify Liu et al. wherein the magnetic flux generating member is a first permanent magnet, the magnetic flux attracting member is a second permanent magnet, and the first permanent magnet and the second permanent magnet are disposed such that surfaces facing each other have different polarities.
The motivation to do so depend on desired level of high magnetic susceptibility and saturation magnetization (para 13 of Liu et al.), cost.
Liu et al. discloses the claimed invention except for wherein the magnetic flux generating member is a first permanent magnet, the magnetic flux attracting member is a second permanent magnet, and the first permanent magnet and the second permanent magnet are disposed such that surfaces facing each other have different polarities. It would have been obvious to one having ordinary skill in the art before the effective filing of the inventio to arrange wherein the magnetic flux generating member is a first permanent magnet, the magnetic flux attracting member is a second permanent magnet, and the first permanent magnet and the second permanent magnet are disposed such that surfaces facing each other have different polarities, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japiske, 86 USPQ 70.
The motivation to do so depend on desired level of high magnetic susceptibility and saturation magnetization (para 13 of Liu et al.), cost, available space surrounding the components.
Regarding claim 12/1, Liu et al. disclose the invention as discussed above, except for explicitly mentioning, wherein an acceleration upon the movable body being driven at a resonance frequency is equal to or less than two times an acceleration upon the movable body being driven at a frequency two times higher than the resonance frequency.
However, since Liu et al. disclose (para 16) that a material may be chosen for having a higher electrical conductivity, a skilled artisan would readily recognize the benefits of choosing a material wherein an acceleration upon the movable body being driven at a resonance frequency is equal to or less than two times an acceleration upon the movable body being driven at a frequency two times higher than the resonance frequency, as it would depend on desired level of high magnetic susceptibility and saturation magnetization (para 13), cost and weight.
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing of the invention to modify Liu et al. wherein an acceleration upon the movable body being driven at a resonance frequency is equal to or less than two times an acceleration upon the movable body being driven at a frequency two times higher than the resonance frequency.
The motivation to do so depend on desired level of high magnetic susceptibility and saturation magnetization (para 13 of Liu et al.), cost.
Allowable Subject Matter
Claims 8 and 10-11 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.
The following is a statement of reasons for the indication of allowable subject matter: In claim 8/1 inter alia, the specific limitations of “…wherein the vibration generating device includes a bracket that includes a plate-like portion that extends along a plane parallel to each of the first direction and the second direction and to which the coil is to be attached, and a connecting portion that is provided to extend from the plate-like portion and is fixed to the housing, the coil is fixed to the housing via the bracket, the magnetic flux generating member is fixed to the movable body, and the plate-like portion is formed of copper, aluminum, an alloy containing copper, or an alloy containing aluminum, and functions as the conductive member.”, in the combination as claimed are neither anticipated nor made obvious over the prior art made of record.
In claim 10/9 inter alia, the specific limitations of “…wherein the coil includes an air-core portion, and a conductive wire extending outward of the air-core portion, the conductive member includes an opening for preventing interference with the conductive wire upon attachment of the coil, and the opening is formed at a position that is not on the trajectory.”, in the combination as claimed are neither anticipated nor made obvious over the prior art made of record
Claim 11/10 is also allowable for depending on claim 10.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Please see PTO-892 for details.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NAISHADH N DESAI whose telephone number is (571)270-3038. The examiner can normally be reached 9-5.
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NAISHADH N. DESAI
Primary Examiner
Art Unit 2834
/NAISHADH N DESAI/Primary Examiner, Art Unit 2834
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