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 claims at issue 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); and 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 a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
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Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 –19 of US Patent No. 12,114,129. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1 –19 of US Patent No. 12,114,129disclose every limitation of claims 1-20 in the instant application.
For Example see below:
Instant Application
US Patent No. 12,114,129
1. A bone conduction microphone, comprising: a laminated structure formed by a vibration unit and an acoustic transducer unit; a base structure configured to carry the laminated structure, wherein the base structure includes an inner-hollow frame structure, a first end of the laminated structure is connected to the base structure, and a second end of the laminated structure is suspended in a hollow position of the base structure; the acoustic transducer unit includes an electrode layer and a piezoelectric layer, the electrode layer includes a first electrode and a second electrode, the first electrode and the second electrode are arranged on the same surface of the piezoelectric layer at intervals; and the base structure vibrates based on an external vibration signal, the vibration unit is deformed in response to the vibration of the base structure, the piezoelectric layer generates a voltage under the action of the deformation stress of the vibration unit based on the piezoelectric effect, the first electrode and the second electrode are configured to collect the voltage.
1. A bone conduction microphone, comprising: a laminated structure formed by a vibration unit and an acoustic transducer unit; a base structure configured to carry the laminated structure, at least one side of the laminated structure being physically connected to the base structure, wherein the base structure vibrates based on an external vibration signal, the vibration unit is deformed in response to the vibration of the base structure, the acoustic transducer unit generates an electrical signal based on the deformation of the vibration unit; and at least one damping structural layer which is arranged on an upper surface, a lower surface, and/or an interior of the laminated structure, and connected to the base structure, wherein the base structure includes an inner-hollow frame structure, one end of the laminated structure is connected to the base structure or the at least one damping structural layer, and the other end of the laminated structure is suspended in a hollow position of the base structure.
8. The bone conduction microphone of claim 1, wherein the vibration unit includes a suspended film structure, and the acoustic transducer unit includes a first electrode layer, a piezoelectric layer, and a second electrode layer that are arranged in sequence from top to bottom, wherein the suspended film structure is connected with the base structure through a peripheral side of the suspended film structure, and the acoustic transducer unit is arranged on an upper surface or a lower surface of the suspended film structure.
Allowable Subject Matter
Claims 1-20 contain limitations allowable over the prior art and will be in condition for allowance once the double patenting rejections are overcome.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The prior art teaches various bone conduction microphones, for example: Zheng et al. (CN 204887455), Huffman et al. (US 2012/0267900), Proulx et al. (WO 2011/150394), Hyono et al. (JP H08195995) which are considered relevant to the immediate application.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Duc Nguyen can be reached at (571)272-7503. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SEAN H NGUYEN/Primary Examiner, Art Unit 2691
