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 2 recites the limitation " the third dielectric" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 8 recites the limitation “ .. the third dielectric layer..”, on lines 1-2. There is insufficient antecedent basis for this limitation in the claim.
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.
1. Claims 1, 7, 9 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Liu (US5359157) in view of Fukuda Mikio (WO2009098888A1), hereinafter “Fukuda”.
As to Claim 1, Liu teaches a bone conduction microphone (a contact type indirect conduction, vibrating type microphone. See at least abstract) wherein the bone conduction microphone (vibrating type microphone having a body 10, Figure 1) comprises: a sound pickup (capacitive microphone 30, Figure 2); a vibration obtaining component (a capacitive microphone 30 is received within the top recess 21 and covered in proper order by a sponge 40, a double-sided adhesive tape 50, and a top cover 60. The sponge 40 is fastened to the top cover 60 by the double-sided adhesive tape 50. The cover face of the top cover 60 is a diaphragm 61. See at least col. 2 lines 42-52); and a noise reduction component (The vibration damper 20 is made of an elastic, air-tight, rubber material, and used: (1) to protect the pressure variable space B against the interference of outside pressure energy; and (2) to eliminate or reduce inertial energy from being transmitted from the body 10 and the top cover 60 to the capacitive microphone 30. See at least col. 3 lines 61-65), wherein the noise reduction component comprises at least two dielectric layers comprising a first dielectric layer and a second dielectric layer; both the first dielectric layer and the second dielectric layer are made of elastic materials, (vibration damper 20 which may be made of silicon rubber, natural rubber, or any suitable material, is fastened inside the body 10. The vibration damper 20 comprises a top recess 21 in the center, a flange 22 on an outer side, a plurality of projecting rods 23 raised from the bottom thereof. See at least col. 2 lines 39-45. Liu does not explicitly teach the first dielectric layer is fastened on the sound pickup and covers another surface of the sound pickup other than a sound pickup surface; the first dielectric layer comprises an opening at an end corresponding to the sound pickup surface; the second dielectric layer is fastened on a side of the first dielectric layer away from the sound pickup; and the second dielectric layer covers another surface of the first dielectric layer other than the opening end; a surface of the first dielectric layer in contact with the second dielectric layer is a rough surface, or a surface of the second dielectric layer in contact with the first dielectric layer is a rough surface. However, Fukuda in related field (vibration pickup microphone) teaches the vibration pickup microphone comprises a housing (1) arranged on the human-body abutting face of a transmitter/receiver, a microphone unit (2) of an aerial vibration collecting type to be assembled in the housing (1), and a microphone holder (5) made of an elastic material for supporting the microphone unit (2) in the housing (1). The housing (1) includes a case (3) having an upper face opened for fitting the microphone holder (5), and a cover (4) made of an elastic material for covering the outer side faces of the case (3). A double-layered diaphragm (6) is so arranged on the upper face of the microphone holder (5) as to form an air chamber (16) between itself and the microphone holder (5), and a sealed cavity (7) is formed between diaphragms (6a and 6b) constituting the double-layered diaphragm (6). See at least abstract, Figures 1, 2. Fukuda teaches the first dielectric layer( microphone holder 5 made up of rubber, having a peripheral leg 12) is fastened on the sound pickup( microphone 2) and covers another surface of the sound pickup other than a sound pickup surface( sound pick up opening of microphone 2, Figure 1); the first dielectric layer comprises an opening at an end corresponding to the sound pickup surface (The microphone holder 5 has a peripheral leg 12 that is in close contact with the inner surface of the case 3, and has a holding opening 13 for holding the microphone unit 2 at the center of the upper surface. See at least page 4, [0002]); and the second dielectric layer covers another surface of the first dielectric layer other than the opening end; the second dielectric layer is fastened on a side of the first dielectric layer away from the sound pickup (the annular support frame 14 is formed on the upper surface of the microphone holder 5 so as to surround the holding opening 13.See at least page 4, [0002]); a surface of the first dielectric layer( microphone holder 5 having opening 13) in contact with the second dielectric layer( frame 14) is a rough surface( See at least Figure 4), or a surface of the second dielectric layer( frame 14) in contact with the first dielectric layer ( microphone holder 5) is a rough surface( as shown on Figure 4, the frame 14 and microphone holder 5 have a notch in between.) It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention to modify the structure of the noise damping component to improve anti-noise characteristic and reduce howling when the microphone is in close contact with the body. Liu in view of Fukuda further teaches the noise reduction component is configured to absorb vibration in a direction of the another surface, Liu teaches vibration damper 20 which may be made of silicon rubber, natural rubber, or any suitable material, is fastened inside the body 10. The vibration damper 20 comprises a top recess 21 in the center, a flange 22 on an outer side, a plurality of projecting rods 23 raised from the bottom thereof. See at least col. 2 lines 39-45. Figures 1, 2.
As to Claim 7, Liu in view of Fukuda teaches the limitations of Claim 1, and wherein the first dielectric layer is attached to another surface of the sound pickup other than the sound pickup surface, Fukuda further teaches the microphone holder 5 has a peripheral leg 12 that is in close contact with the inner surface of the case 3, and has a holding opening 13 for holding the microphone unit 2 at the center of the upper surface. See at least page 4, [0002])
As to Claim 9, Liu in view of Fukuda teaches the limitations of Claim 1, and, wherein the noise reduction component (vibration damper 20) comprises a lead port (Figure 1); and a signal cable of the sound pickup is led out from the lead port, (implicit from Figures 1-4)
As to Claim 10, Liu in view of Fukuda teaches the limitations of Claim 1, and, wherein the sound pickup is a capacitive sensor, Liu teaches capacitive microphone. See at least abstract.
Allowable Subject Matter
Claims 2-6 and 8 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.
Claims 11-20 are allowed. The independent Claim 11, identifies a uniquely distinct feature of “…the vibration obtaining component comprises a third dielectric layer, disposed on a side of the sound pickup close to the sound pickup surface; the opening end of the first dielectric layer is sealed with the third dielectric layer; the vibration obtaining component is configured to touch a human body to obtain vocal cord vibration; and the noise reduction component is configured to absorb vibration in a direction of the another surface other than the sound pickup surface.”
The independent Claim 15, identifies a uniquely distinct feature of “…the vibration obtaining component comprises a third dielectric layer is disposed on a side of the sound pickup close to the sound pickup surface; the opening end of the first dielectric layer is sealed with the third dielectric layer; the vibration obtaining component is configured to touch a human body to obtain vocal cord vibration; and the noise reduction component is configured to absorb vibration in a direction of the another surface other than the sound pickup surface.”
The independent Claim 18, identifies a uniquely distinct feature of “..the vibration obtaining component comprises a third dielectric layer disposed on a side of the sound pickup close to the sound pickup surface; the opening end of the first dielectric layer is sealed with the third dielectric layer; the vibration obtaining component is configured to touch a human body to obtain vocal cord vibration; and the noise reduction component is configured to absorb vibration in a direction of the another surface other than the sound pickup surface.” The prior art fails to anticipate or render the independent claims obvious.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SUNITA JOSHI whose telephone number is (571)270-7227. The examiner can normally be reached 8-3.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Duc Nguyen can be reached at 5712727503. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SUNITA JOSHI/Primary Examiner, Art Unit 2691
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