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 .
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.
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Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12262172. Although the claims at issue are not identical, they are not patentably distinct from each other because they are an obvious broader version of the patented claims, as mapped in the table below.
Claims 1 and 8-11 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-16 of U.S. Patent No. 12335683. Although the claims at issue are not identical, they are not patentably distinct from each other because they are an obvious broader version of the patented claims, as mapped in the table below.
Application 19/056935
US Pat No. 12262172
US Pat No. 12335683
Claim 1
See Claim: 1
See Claim: 1, 3
Claim 2
See Claim: 4
Claim 3
See Claim: 5
Claim 4
See Claim: 1
Claim 5
See Claim: 10
Claim 6
See Claim: 11
Claim 7
See Claim: 2
Claim 8
See Claim: 3
See Claim: 5, 6
Claim 9
See Claim: 6
See Claim: 5, 6
Claim 10
See Claim: 7
See Claim: 4
Claim 11
See Claim: 12, 20
See Claim: 9, 11
Claim 12
See Claim: 14
Claim 13
See Claim: 20
Claim 14
See Claim: 14
Claim 15
See Claim: 15
Claim 16
See Claim: 16
Claim 17
See Claim: 17
Claim 18
See Claim: 18
Claim 19
See Claim: 19
Claim 20
See Claim: 20
Claims 2-7 and 12-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-16 of U.S. Patent No. 12335683 in view of Kuroda et al (US 20230412955 A1).
The claim language of U.S. Patent No. 12335683 discloses a display device, comprising: a sound source, comprising: a driver configured to receive an audio signal current and to generate pressurized air; a plurality of chambers coupled to the driver and configured to direct the pressurized air from the driver; and a plurality of arrays of two or more slit shaped exits coupled to the plurality of chambers and configured to receive the pressurized air from the plurality of chambers and to emit sound waves, wherein a first array of the plurality of arrays of two or more slit shaped exits is coupled to a first chamber of the plurality of chambers and a second array of the plurality of arrays of two or more slit shaped exits is coupled to a second chamber of the plurality of chambers.
However, the claim language of U.S. Patent No. 12335683 does not disclose expressly, a controller for controlling directivity of sound waves based on multimedia content, environment or user feedback; wherein the controller includes an amplifier and a passive filter; or wherein the slit shaped exits are arranged in a linear or matrix arrangement.
Kuroda discloses a display device comprising a sound source, wherein a directivity of the sound source is controlled by a controller comprising an amplifier and passive filter, and a plurality of arrays of slits arranged in a linear or matrix arrangement (See rejection below for citations of Kuroda).
It would have been obvious before the effective filing date of the present invention to a person of ordinary skill in the art to implement the teachings of Kuroda in the claim language of U.S. Patent No. 12335683. The motivation for doing so would have been to control the direction of sound output based on a multimedia signal related to the display device.
Claim Rejections - 35 USC § 103
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 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) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kuroda et al (US 20230412955 A1) in view of Heil (US 5163167).
With respect to claim 1, Kuroda discloses a sound source, comprising:
a driver (fig.12 #31) configured to receive an audio signal current and to generate pressurized air (Par.[0038]);
a plurality of chambers (fig.12 #33J-1, 33J-2) coupled to the driver and configured to direct the pressurized air from the driver (Par.[0086]); and
a plurality of arrays of two or more exits (fig.12 #24-1 to #24-6) coupled to the plurality of chambers and configured to receive the pressurized air from the plurality of chambers and to emit sound waves (Par.[0037][0086]),
wherein a first array of the plurality of arrays of two or more exits is coupled to a first chamber of the plurality of chambers and a second array of the plurality of arrays of two or more exits is coupled to a second chamber of the plurality of chambers (As shown in figure 12, a first array of two or more exits #24-1,24-2,24-3 are coupled to a first chamber #33J-1 via sound conduits #14J-1,14J-2,14J-3; and a second array of two or more exits #24-4,24-5,24-6 are coupled to a second chamber #33J-2 via sound conduits #14J-4,14J-5,14J-6).
Kuroda discloses wherein the exits (#24) are fine holes (Par.[0035][0037]); however does not disclose expressly wherein the exits are slit shaped.
Heil discloses a sound waveguide for a driver, wherein the waveguide comprises an output orifice (“exit”) that is planar and oblong (“slit-shaped”) (col.1 ln.42-53).
It would have been obvious before the effective filing date of the present invention to a person of ordinary skill in the art to make the exit “fine holes” of Kuroda slit-shaped, as performed by Heil. The motivation for doing so would have been transform the circular wave plane output by a membrane/diaphragm of the drive into a planar rectangular wave, thereby improving a function of the inputted frequency sound waves, as taught by Heil (col.4 ln.59-68, col.5 ln.1-2).
With respect to claim 2, Kuroda discloses the sound source of claim 1, wherein the first array of the plurality of arrays of two or more slit shaped exits comprises a linear array of two or more slit shaped exits that are arranged in a linear arrangement (see fig.12 #24-1 to #24-3).
With respect to claim 3, Kuroda discloses the sound source of claim 1, wherein the first array of the plurality of arrays of two or more slit shaped exits comprises a matrix array of two or more slit shaped exits that are arranged in a square matrix arrangement (fig.7 microspeakers #51 each comprising exits are arranged in a square matrix).
With respect to claim 4, Kuroda discloses the sound source of claim 1, wherein a directivity of the sound waves is controlled based at least on a multimedia content associated with the audio signal current, an environment of the sound source, or a feedback from a user of the sound source (Par.[0064] sound is directionally output based on selected microspeakers according to a position of multimedia content on the display).
With respect to claim 5, Kuroda discloses the sound source of claim 4, wherein the driver comprises an amplifier configured to control the directivity of the sound waves (fig.6 #106; Par.[0063]).
With respect to claim 6, Kuroda discloses the sound source of claim 4, further comprising a passive filter configured to control the directivity of the sound waves (fig.6 #104; Par.[0063]).
With respect to claim 7, Kuroda discloses the sound source of claim 1, wherein the driver comprises a compression driver (Par.[0038]).
With respect to claim 8, Kuroda discloses the sound source of claim 1, further comprising: a second driver; and a second plurality of chambers coupled to the second driver (fig.15; Par.[0093] the system may comprise at least a second driver and coupled chambers).
With respect to claim 9, Kuroda discloses the sound source of claim 1, further comprising: a second driver configured to receive a second audio signal current and to generate second pressurized air; a third chamber coupled to the second driver and configured to direct the second pressurized air from the second driver; and a plurality of slit shaped exits coupled to the third chamber and configured to receive the second pressurized air from the third chamber and to emit second sound waves (fig.15; Par.[0093] the system may comprise at least a second driver and coupled chambers).
With respect to claim 10, Kuroda discloses the sound source of claim 1, however does not disclose expressly wherein each slit shaped exit of the first array of the plurality of arrays of two or more slit shaped exits has a length of about 12 mm and a height of about 1 mm.
It would have been an obvious design choice before the effective filing date of the present invention to a person of ordinary skill in the art to design the slit-shaped exits of Kuroda and Heil to have a length of about 12 mm and a height of about 1 mm. The motivation for doing so would have been to design an exit that allows a desired amount of acoustic energy to exit the chambers.
With respect to claim 11, Kuroda discloses a display device (fig.12 #11J; Par.[0085])), comprising:
a sound source (fig.12 #13), comprising:
a driver (fig.12 #31) configured to receive an audio signal current and to generate pressurized air (Par.[0038]);
a plurality of chambers (fig.12 #33J-1, 33J-2) coupled to the driver and configured to direct the pressurized air from the driver (Par.[0086]); and
a plurality of arrays of two or more exits (fig.12 #24-1 to #24-6) coupled to the plurality of chambers and configured to receive the pressurized air from the plurality of chambers and to emit sound waves (Par.[0037][0086]),
wherein a first array of the plurality of arrays of two or more exits is coupled to a first chamber of the plurality of chambers and a second array of the plurality of arrays of two or more exits is coupled to a second chamber of the plurality of chambers (As shown in figure 12, a first array of two or more exits #24-1,24-2,24-3 are coupled to a first chamber #33J-1 via sound conduits #14J-1,14J-2,14J-3; and a second array of two or more exits #24-4,24-5,24-6 are coupled to a second chamber #33J-2 via sound conduits #14J-4,14J-5,14J-6).
Kuroda discloses wherein the exits (#24) are fine holes (Par.[0035][0037]); however does not disclose expressly wherein the exits are slit shaped.
Heil discloses a sound waveguide for a driver, wherein the waveguide comprises an output orifice (“exit”) that is planar and oblong (“slit-shaped”) (col.1 ln.42-53).
It would have been obvious before the effective filing date of the present invention to a person of ordinary skill in the art to make the exit “fine holes” of Kuroda slit-shaped, as performed by Heil. The motivation for doing so would have been transform the circular wave plane output by a membrane/diaphragm of the drive into a planar rectangular wave, thereby improving a function of the inputted frequency sound waves, as taught by Heil (col.4 ln.59-68, col.5 ln.1-2).
With respect to claim 12, Kuroda discloses the display device of claim 11, further comprising a controller configured to control a directivity of the sound waves (fig.6 #108; Par.[0064]).
With respect to claim 13, Kuroda discloses the display device of claim 12, wherein the controller is configured to control the directivity of the sound waves based at least on a multimedia content associated with the audio signal current, an environment of the sound source, or a feedback from a user of the sound source (Par.[0064] sound is directionally output based on selected microspeakers according to a position of multimedia content on the display).
With respect to claim 14, Kuroda discloses the display device of claim 12, wherein the controller comprises a digital filter configured to control the directivity of the sound waves (fig.6 #108; Par.[0064]).
With respect to claim 15, Kuroda discloses the display device of claim 14, wherein the digital filter comprises an amplifier in the driver (fig.6 #106; Par.[0063]).
With respect to claim 16, Kuroda discloses the display device of claim 12, further comprising a passive filter configured to control the directivity of the sound waves (fig.6 #104; Par.[0063]).
With respect to claim 17, Kuroda discloses the display device of claim 11, wherein the driver comprises a compression driver (Par.[0038]).
With respect to claim 18, Kuroda discloses the display device of claim 11, wherein the first array of the plurality of arrays of two or more slit shaped exits comprises a linear array of two or more slit shaped exits that are arranged in a linear arrangement (see fig.12 #24-1 to #24-3).
With respect to claim 19, Kuroda discloses the display device of claim 12, wherein the first array of the plurality of arrays of two or more slit shaped exits comprises a matrix array of two or more slit shaped exits that are arranged in a square matrix arrangement (fig.7 microspeakers #51 each comprising exits are arranged in a square matrix).
With respect to claim 20, Kuroda discloses a display device (fig.12 #11J; Par.[0085])), comprising:
a sound source (fig.12 #13), comprising:
a compression driver (fig.12 #31) configured to receive an audio signal current and to generate pressurized air (Par.[0038]);
a plurality of chambers (fig.12 #33J-1, 33J-2) coupled to the compression driver and configured to direct the pressurized air from the compression driver (Par.[0086]); and
a plurality of arrays of two or more exits (fig.12 #24-1 to #24-6) coupled to the plurality of chambers and configured to receive the pressurized air from the plurality of chambers and to emit sound waves (Par.[0037][0086]),
wherein a first array of the plurality of arrays of two or more exits is coupled to a first chamber of the plurality of chambers and a second array of the plurality of arrays of two or more exits is coupled to a second chamber of the plurality of chambers (As shown in figure 12, a first array of two or more exits #24-1,24-2,24-3 are coupled to a first chamber #33J-1 via sound conduits #14J-1,14J-2,14J-3; and a second array of two or more exits #24-4,24-5,24-6 are coupled to a second chamber #33J-2 via sound conduits #14J-4,14J-5,14J-6); and
a controller (fig.6 #108) configured to control a directivity of the sound waves (Par.[0064]).
Kuroda discloses wherein the exits (#24) are fine holes (Par.[0035][0037]); however does not disclose expressly wherein the exits are slit shaped.
Heil discloses a sound waveguide for a driver, wherein the waveguide comprises an output orifice (“exit”) that is planar and oblong (“slit-shaped”) (col.1 ln.42-53).
It would have been obvious before the effective filing date of the present invention to a person of ordinary skill in the art to make the exit “fine holes” of Kuroda slit-shaped, as performed by Heil. The motivation for doing so would have been transform the circular wave plane output by a membrane/diaphragm of the drive into a planar rectangular wave, thereby improving a function of the inputted frequency sound waves, as taught by Heil (col.4 ln.59-68, col.5 ln.1-2).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Kubota (US 7735599 B2) discloses a sound wave guide structure for speaker system and horn speaker.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON R KURR whose telephone number is (571)270-5981. The examiner can normally be reached M-F: 9-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Vivian Chin can be reached at (571-272-7848. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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JASON R. KURR
Primary Examiner
Art Unit 2695
/JASON R KURR/ Primary Examiner, Art Unit 2695
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