DETAILED ACTION
This communication is responsive to the preliminary amended claims filed 09/26/2025.
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 §§ 706.02(l)(1) - 706.02(l)(3) 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-7 and 21-36 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-18 of U.S. Patent No. 12,225,345. Although the conflicting claims are not identical, they are not patentably distinct from each other because claims 1-18 of U.S. Patent No. 12,225,345 are similar in scope to the rejected claims 1-7 and 21-36 of the U. S. Pat. App (No. 19/045,805) with only obvious wording variations. For example:
U. S. Pat. App No. 19/045,805
U.S. Patent No. 12,225,345
1. An earphone device comprising: an earphone mounted to an enclosure, wherein the earphone comprises a speaker having a diaphragm and an actuator element, wherein the earphone is mounted to the enclosure with a front side of the diaphragm of the speaker facing outside the enclosure and a back side of the diaphragm of the speaker facing inside the enclosure, wherein a gas pressure level inside the enclosure is lower than an ambient air pressure level outside the enclosure, and wherein the enclosure is sealed to maintain the lower gas pressure level inside the enclosure; and a position control system configured to generate a position control signal and apply the position control signal to the actuator element of the speaker; wherein the position control signal is configured to generate a force that is sufficient to cause the actuator element to move the diaphragm of the speaker to a target position, while allowing the diaphragm of the speaker to move back and forth about the target position in response to an audio signal applied to the speaker.
1. An earphone device comprising: an earphone comprising a speaker cone and a voice coil assembly coupled to the speaker cone; a sealed enclosure, wherein a front side of the speaker cone is disposed outside the sealed enclosure and a back side of the speaker cone is disposed inside the sealed enclosure, wherein sealed enclosure is configured to maintain a gas pressure level inside the sealed enclosure which is lower than an ambient air pressure level outside the sealed enclosure; and a control system configured to generate a position control signal and apply the position control signal to a voice coil of the voice coil assembly; wherein the position control signal is configured to generate an electromagnetic force that is sufficient to move the voice coil to a target null position, while allowing the voice coil to move back and forth about the null position in response to an audio signal applied to the voice coil during operation of the earphone.
Claims 1-7 and 21-36 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-19 of U.S. Patent No. 11,595,753. Although the conflicting claims are not identical, they are not patentably distinct from each other because claims 1-19 of U.S. Patent No. 11,595,753 are similar in scope to the rejected claims 1-7 and 21-36 of the U. S. Pat. App (No. 19/045,805) with only obvious wording variations. For example:
U. S. Pat. App No. 19/045,805
U.S. Patent No. 11,595,753
1. An earphone device comprising: an earphone mounted to an enclosure, wherein the earphone comprises a speaker having a diaphragm and an actuator element, wherein the earphone is mounted to the enclosure with a front side of the diaphragm of the speaker facing outside the enclosure and a back side of the diaphragm of the speaker facing inside the enclosure, wherein a gas pressure level inside the enclosure is lower than an ambient air pressure level outside the enclosure, and wherein the enclosure is sealed to maintain the lower gas pressure level inside the enclosure; and a position control system configured to generate a position control signal and apply the position control signal to the actuator element of the speaker; wherein the position control signal is configured to generate a force that is sufficient to cause the actuator element to move the diaphragm of the speaker to a target position, while allowing the diaphragm of the speaker to move back and forth about the target position in response to an audio signal applied to the speaker.
15. An apparatus, comprising: a speaker system comprising a speaker, wherein the speaker comprises a speaker cone and a voice coil coupled to the speaker cone, wherein the apparatus is configured to provide a pressure differential between a front side of the speaker cone and a back side of the speaker cone such that a gas pressure level at the front side of the speaker cone is greater than a gas pressure level at the back side of the speaker cone; and a voice coil position control system configured to compensate for a displacement of the voice coil from a target null position as a result of the pressure differential; wherein the voice coil position control system is configured to generate a position control signal that is applied to the voice coil, wherein the position control signal comprises an electrical current signal that is configured to generate an electromagnetic force which is sufficient to move the voice coil to the target null position when no audio electrical signal is applied to the voice coil, while allowing the voice coil to move back and forth about the null position in response to an audio electrical signal applied to the voice coil during operation of the speaker; wherein the voice coil position control system comprises: a first pressure sensor which is configured to detect the gas pressure level at the back side of the speaker cone and generate a first control signal which corresponds to the detected gas pressure level at the back side of the speaker cone; a second pressure sensor which is configured to detect the gas pressure level at the front side of the speaker cone and generate a second control signal which corresponds to the detected gas pressure level at the front side of the speaker cone; and a differential amplifier configured to amplify a difference between the first and second control signals and output an amplified difference signal as the position control signal.
Allowable Subject Matter
Claims 1-7 and 21-36 are rejected under nonstatutory double patenting rejection, but would be allowable if 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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/SUHAN NI/Primary Examiner, Art Unit 2691
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