DETAILED ACTION
In the response to this office action, the examiner respectfully requests that support be shown for language added to any original claims on amendment and any new claims. That is, indicate support for newly added claim language by specifically pointing to page(s) and line numbers in the specification and/or drawing figure(s). This will assist the examiner in prosecuting this application.
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 1-4, 12-14, 16, 17, and 19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 5, 9-11, 15, and 17 of U.S. Patent No. 12284471 Although the claims at issue are not identical, they are not patentably distinct from each other because the present claims are broader versions of the patent’s claims or contain only obvious differences from the patent’s claims.
Present application
Patent 12284471
1. A portable speaker, comprising:
1. A portable speaker comprising:
a frame comprising one or more sides;
a frame comprising a bottom portion adapted to support the frame in a predetermined orientation when the bottom portion is resting on a surface;
a speaker adapted to produce sound;
a light source configured to emit light in a first direction; and
a light source adapted to emit light;
a reflector positioned with the light source and one or more speaker grilles, the reflector comprising a surface configured to redirect the emitted light in a second direction different than the first direction.
a reflector adapted to redirect at least a portion of the light to illuminate the surface when the bottom portion is resting on the surface and the frame is supported in the predetermined orientation; and
a speaker grille,
wherein the light source is positioned at one end of the speaker grille and the reflector is positioned adjacent to the speaker grille between the one end of the speaker grille and a bottom portion of the portable speaker.
Regarding claim 1 above, claim 1 of patent 12284471 teaches all the limitations as above (the frame bottom supporting the frame implies at least one side).
The limitations of claim 2 are found in claim 5 of patent 12284471.
The limitations of claim 3 are found in claims 1 and 5 of patent 12284471.
Regarding claim 4, although the claim 5 of patent 12284471 does not expressly disclose a concave reflecting surface, the examiner takes official notice that reflectors that use a concave surface as a reflecting surface were well known in the art. Therefore, it would have been obvious to one of ordinary skill in the art to further comprise wherein a reflecting surface of the reflector comprises a concave surface in the system of claim 5 of patent 12284471 for the benefit reflecting while limiting the directions the reflected light may go.
Regarding claim 12, although the claim tree of 1 and dependents of patent 12284471 does not expressly disclose a speaker behind each speaker grilles, the examiner takes official notice that placing a speaker behind each speaker grille of a speaker enclosure was well known in the art. Therefore, it would have been obvious to one of ordinary skill in the art to further comprise a speaker behind each speaker grille in the system of claim 1 of patent 12284471 for the benefit of protecting speakers and only using a speaker grille where needed, thereby reducing complexity.
Claim 13 of present application
Patent 12284471
13. A portable speaker, comprising:
9. A portable speaker comprising:
a frame comprising one or more sides;
a bottom portion adapted to support a frame in a predetermined orientation on a surface;
a latch configured to secure the frame to a vehicle;
a latch adapted to secure the frame to a vehicle;
a speaker adapted to produce sound;
a light source configured to emit light in a first direction; and
a light source adapted to emit light;
a reflector positioned with the light source and one or more speaker grilles, the reflector comprising a surface configured to redirect the emitted light in a second direction different than the first direction.
a reflector adapted to redirect at least a portion of the light to illuminate the surface when the bottom portion is resting on the surface; and
a plurality of sides, each including a speaker grille positioned between a top portion and the bottom portion of the portable speaker,
wherein, each of the plurality of sides includes a respective light source positioned under an end of the speaker grille closest to the bottom portion and a respective reflector positioned adjacent to the speaker grille between the end of the speaker grille and the bottom portion.
Regarding claim 13 above, claim 9 of patent 12284471 teaches all the limitations as above.
The limitations of claim 14 are found in claim 9 of patent 12284471.
The limitations of claim 16 are found in claim 10 and 11 of patent 12284471.
Claim 17 of present application
Patent 12284471
17. A vehicle, comprising:
15. A vehicle comprising:
a vehicle body;
a vehicle cabin comprising a dock;
a vehicle body;
a vehicle cabin;
a portable speaker comprising:
a frame comprising one or more sides;
a portable speaker including:
a frame including a bottom portion adapted to support the frame in a predetermined orientation when the bottom portion is resting on a surface;
a latch configured to secure the frame to the dock;
a light source configured to emit light in a first direction; and
a latch adapted to secure the frame to the vehicle; a speaker adapted to produce sound;
a light source adapted to emit light; and
a reflector positioned with the light source and one or more speaker grilles, the reflector comprising a surface configured to redirect the emitted light in a second direction different than the first direction.
a reflector adapted to redirect at least a portion of the light to illuminate the surface when the bottom portion is resting on the surface and the frame is supported in the predetermined orientation; and
a dock disposed in a location chosen from the vehicle body and the vehicle cabin, the dock being adapted to receive the portable speaker therein and secure the portable speaker thereto via the latch.
Regarding claim 17 above, claim 15 of patent 12284471 teaches all the limitations except the one or more speaker grilles (the frame bottom supporting the frame implies at least one side).
Although the claim tree of 15 and dependents of patent 12284471 does not expressly disclose the use of speaker grilles, the examiner takes official notice that the use of speaker grilles with speakers was well known in the art. Therefore, it would have been obvious to one of ordinary skill in the art to further comprise one or more speaker grilles in the system of claim 15 of patent 12284471 for the benefit of protecting a speaker or other components.
The limitations of claim 19 are found in claim 17 of patent 12284471.
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.
Claim(s) 1-4 and 7-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mezzomo et al. (US 20170105069 A1) in view of Hofmann (US 20160080847 A1).
Regarding claim 1, Mezzomo discloses a portable speaker (500 of figure 9, 100 of figures 1-5), comprising:
a frame (506) comprising one or more sides (see figure 9).
Mezzomo also teaches the use of speaker grilles (baffle 304 of figure 7, paragraph [0042]).
Mezzomo does not expressly disclose a light source or reflector.
Hoffman discloses a speaker (paragraph [0005]) with a speaker cover (1 of figures 1-4) comprising:
a light source (light device 4 including light guide 40 and possibly LED, paragraph [0025]) configured to emit light in a first direction (from 40 to 50, paragraph [0025] to [0027]); and
a reflector (5, best seen in figure 2) positioned (see figures 1-4, especially figure 2) with the light source and one or more speaker grilles (at least 3 and may include 8, paragraph [0024]), the reflector comprising a surface (50, paragraph [0026]) configured to redirect the emitted light in a second direction different than the first direction (out of opening 7, from left to right in figure 2).
It would have been obvious to a person of ordinary skill in the art to use the light source and reflector of Hoffman in the system of Mezzomo for the benefit of covering the speakers with a great looking aesthetic. Therefore, it would have been obvious to combine Hoffman with Mezzomo, for the benefits above, to obtain the invention as specified in claim 1.
Regarding claim 2, Mezzomo discloses wherein:
the frame further comprises a top portion and a bottom portion (see figures 9-12); and
each side extends from the top portion to the bottom portion (see figures 9-12).
Regarding claim 3, Hoffman discloses wherein the second direction is outward from a bottom portion (see figure 1, see 40 and 5 corresponding to bottom portion of 2).
Regarding claim 4, Hoffman discloses wherein the surface comprises a concave surface (surface 5 is concave, see figure 2).
Regarding claim 7, Mezzomo discloses further comprising:
a battery (138 of figure 5);
at least one speaker configured to produce sound (108, 110, and 112 of figure 5, 508, 510, and 512 of figure 9); and
a processor (114 of figure 5) coupled to the battery and the speaker (figure 5), the processor configured to control the sound produced by the at least one speaker (paragraph [0025] and paragraphs [0029] to [0031]).
Hoffman discloses a processor (required for adjusting in a user-defined fashion, paragraph [0008] and [0025]) coupled to the light source (4), the processor configured to control the light emitted by the light source (required for adjusting in a user-defined fashion, paragraph [0008] and [0025]).
It would have been obvious to a person of ordinary skill in the art to control the light of Hoffman with the processor of Mezzomo for the benefit of reducing the number of required processors. Therefore, it would have been obvious to combine Hoffman with Mezzomo, for the benefits above, to obtain the invention as specified in claim 7.
Regarding claim 8, Mezzomo discloses wherein:
the top portion comprises one or more speaker controls coupled to the processor (see figure 9, paragraph [0035]); and
the bottom portion (see figures 9 and 10, mating contacts of 500 to match 538 would have to be near the bottom of 500) comprises electrical contacts (“not shown”, paragraph [0045]) configured to electrically couple the battery and the processor to electrical contacts of a dock (paragraph [0045]).
Regarding claim 9, Mezzomo discloses wherein:
the dock is located within a cabin of a vehicle (paragraphs [0044] and [0047]-[0049], to dock 518 of figure 9, paragraph [0043] points to figure 4 which shows alternate embodiment as item 100, shown to go in cabin in figure 1); and
the electrical contacts of the dock are coupled to an electrical power system of the vehicle (paragraph [0045]).
Mezzomo also teaches coupling to controller by wired connection (paragraph [0029], “in other embodiments, the controllers 114, 154 are connected by audio wires (not shown) for providing wired communication”.)
Although Mezzomo does not expressly disclose using the dock contacts to communicate with any communication network, it would have been obvious to try to use the connector already present (130) for the described wired connection to 104. Therefore, it would have been obvious to one of ordinary skill in the art to further comprise a communication network coupled to the electrical contacts of the dock in the system of Mezzomo for the benefit of reducing the number of connectors needed.
Regarding claim 10, Mezzomo discloses wherein the processor is further configured to:
connect to a sound system controller of the vehicle when the frame is received by the dock (paragraphs [0025], [0029] to [0031], and paragraphs [0034] to [0036]).
Regarding the combination as above, if the portable speaker connected physically through the connector, the system would further disconnect from the communication network and the sound system controller when the frame is removed from the dock (at least disconnect physically through wired contacts).
Regarding claim 11, Mezzomo discloses wherein:
the bottom portion further comprises a fastening mechanism (at least items 540, 544, 546, and 548 that attach to items 528 and 530, figures 9-12) configured to secure the bottom portion to the dock, and align the electrical contacts of the bottom portion and the electrical contacts of the dock (paragraphs [0047]-[0049]).
Mezzomo also teaches other embodiments than that of figures 9-12 that include wherein the top portion further comprises a handle (figures 1-4 and 7).
It would have been obvious to a person of ordinary skill in the art to use the top handle of the embodiments of figures 1-4 and 7 in the embodiment of figures 9-12 system of Mezzomo for the benefit of allowing easy carrying. Therefore, it would have been obvious to combine the embodiments of figures 1-4 and 7 with that of figure 9-12, for the benefits above, to obtain the invention as specified in claim 11.
Regarding claim 12, Mezzomo discloses wherein a speaker is positioned behind each speaker grille (figure 7, paragraph [0042]).
Regarding claim 13, Mezzomo discloses a portable speaker (500 of figure 9, 100 of figures 1-5), comprising:
a frame (506) comprising one or more sides (see figure 9); and
a latch (at least items 540, 544, 546, and 548 that attach to items 528 and 530, figures 9-12) configured to secure the frame to a vehicle (paragraphs [0044] and [0047]-[0049], to dock 518 of figure 9, paragraph [0043] points to figure 4 which shows alternate embodiment as item 100, shown to go in cabin in figure 1).
Mezzomo also teaches the use of speaker grilles (baffle 304 of figure 7, paragraph [0042]).
Mezzomo does not expressly disclose a light source or reflector.
Hoffman discloses a speaker (paragraph [0005]) with a speaker cover (1 of figures 1-4) comprising:
a light source (light device 4 including light guide 40 and possibly LED, paragraph [0025]) configured to emit light in a first direction (from 40 to 50, paragraph [0025] to [0027]); and
a reflector (5, best seen in figure 2) positioned (see figures 1-4, especially figure 2) with the light source and one or more speaker grilles (at least 3 and may include 8, paragraph [0024]), the reflector comprising a surface (50, paragraph [0026]) configured to redirect the emitted light in a second direction different than the first direction (out of opening 7, from left to right in figure 2).
It would have been obvious to a person of ordinary skill in the art to use the light source and reflector of Hoffman in the system of Mezzomo for the benefit of covering the speakers with a great looking aesthetic. Therefore, it would have been obvious to combine Hoffman with Mezzomo, for the benefits above, to obtain the invention as specified in claim 13.
Regarding claim 14, Mezzomo discloses wherein:
the frame further comprises a top portion and a bottom portion (see figures 9-12);
each side extends from the top portion to the bottom portion (see figures 9-12); and
wherein the latch (at least items 540, 544, 546, and 548) is configured to secure the bottom portion to a dock (see figures 9-12) of the vehicle (paragraph [0044]).
Regarding claim 15, Hoffman discloses wherein the surface comprises a concave surface (surface 5 is concave, see figure 2).
Regarding claim 16, Mezzomo discloses further comprising a battery (138 of figure 5), wherein:
the dock comprises electrical contacts (paragraph [0045], that of electrical connector 538) coupled to an electrical power system of the vehicle (see figure 5, at least 142 and 134, paragraphs [0027] and [0045]), and
the bottom portion (see figures 9 and 10, mating contacts of 500 to match 538 would have to be near the bottom of 500) comprises electrical contacts (“not shown”, paragraph [0045]) configured to electrically couple the battery to the electrical contacts of the dock (paragraph [0045]).
Regarding claim 17, Mezzomo discloses a vehicle (102 of figure 1), comprising:
a vehicle body (of vehicle 102 in figure 1);
a vehicle cabin (inside of vehicle 102 in figure 1) comprising a dock (518 of figure 9, paragraph [0043] points to figure 4 which shows alternate embodiment as item 100, shown to go in cabin in figure 1);
a portable speaker (500 of figure 9, 100 of figures 1-5) comprising:
a frame (506) comprising one or more sides (see figure 9); and
a latch (at least items 540, 544, 546, and 548 that attach to items 528 and 530, figures 9-12) configured to secure the frame to the dock (paragraphs [0047]-[0049]);
Mezzomo also teaches the use of speaker grilles (baffle 304 of figure 7, paragraph [0042]).
Mezzomo does not expressly disclose a light source or reflector.
Hoffman discloses a speaker (paragraph [0005]) with a speaker cover (1 of figures 1-4) comprising:
a light source (light device 4 including light guide 40 and possibly LED, paragraph [0025]) configured to emit light in a first direction (from 40 to 50, paragraph [0025] to [0027]); and
a reflector (5, best seen in figure 2) positioned (see figures 1-4, especially figure 2) with the light source and one or more speaker grilles (at least 3 and may include 8, paragraph [0024]), the reflector comprising a surface (50, paragraph [0026]) configured to redirect the emitted light in a second direction different than the first direction (out of opening 7, from left to right in figure 2).
It would have been obvious to a person of ordinary skill in the art to use the light source and reflector of Hoffman in the system of Mezzomo for the benefit of covering the speakers with a great looking aesthetic. Therefore, it would have been obvious to combine Hoffman with Mezzomo, for the benefits above, to obtain the invention as specified in claim 17.
Regarding claim 18, Mezzomo discloses comprising:
the frame further comprises a top portion and a bottom portion (see figures 9-12);
each side extends from the top portion to the bottom portion (see figures 9-12); and
wherein the latch (at least items 540, 544, 546, and 548) is configured to secure the bottom portion to the dock (see figures 9-12).
Hoffman discloses wherein the second direction is outward from a bottom portion (see figure 1, see 40 and 5 corresponding to bottom portion of 2).
Regarding claim 19, Mezzomo discloses further comprising an electrical power system (see figure 5, at least 142 and 134, paragraphs [0027] and [0045]), wherein:
the dock further comprises electrical contacts (paragraph [0045], that of electrical connector 538) coupled to the electrical power system;
the portable speaker further comprises a battery (138 of figure 5) and electrical contacts (“not shown”, paragraph [0045]); and
the electrical contacts of the dock are configured to engage the electrical contacts of the portable speaker to charge the battery using electricity received from the electrical power system (paragraph [0045]).
Regarding claim 20, Mezzomo discloses further comprising:
a communication network (at least media device 116 or audio sources of 104, paragraphs [0025], [0029] to [0031], and paragraphs [0034] to [0036]); and
a sound system controller (154) coupled to the communications network (paragraphs [0025] and [0029] to [0031]),
wherein:
the portable speaker further comprises a processor (114) configured to connect to the communication network and the sound system controller when the frame is received by the dock (paragraphs [0025], [0029] to [0031], and paragraphs [0034] to [0036]).
Mezzomo also teaches coupling to controller by wired connection (paragraph [0029], “in other embodiments, the controllers 114, 154 are connected by audio wires (not shown) for providing wired communication”.)
Mezzomo does not expressly disclose wherein the communication network uses the electrical contacts of the dock or the claimed disconnecting.
Although Mezzomo does not expressly disclose using the dock contacts to communicate with any communication network, it would have been obvious to try to use the connector already present (130) for the described wired connection to 104. Therefore, it would have been obvious to one of ordinary skill in the art to further comprise a communication network coupled to the electrical contacts of the dock in the system of Mezzomo for the benefit of reducing the number of connectors needed.
Claim(s) 5 and 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mezzomo et al. (US 20170105069 A1) in view of Hofmann (US 20160080847 A1) and Tao (CN205946066)(see copy with machine translation provided in this action, herein referred to as Tao).
Regarding claim 5, neither Mezzomo nor Hoffman disclose pillars or the claimed structure.
Tao discloses a speaker (figure 2) wherein:
the frame further comprises pillars (10) that extend from a top portion (2) to a bottom portion (at least 18, see second 13 of machine translation for item descriptions); and
each side comprises two pillars (figures 1 and 2) and one speaker output area (space between 16 and 17).
Although Tao does not expressly disclose a speaker grille in front of the speaker output area, the examiner takes official notice that placing speaker grilles in such an area was well known in the art. Therefore, it would have been obvious to one of ordinary skill in the art to further comprise wherein each side comprises a speaker grille in the system of Tao for the benefit of protecting the speaker.
It would have been obvious to a person of ordinary skill in the art to use the pillars and structure of Tao in the system of Mezzomo and Hoffman for the benefit of having a great aesthetic and protecting the speaker. Therefore, it would have been obvious to combine Tao with Mezzomo and Hoffman, for the benefits above, to obtain the invention as specified in claim 5.
Regarding claim 6, Tao discloses wherein, for each side:
a light source (7) extends across a lower portion each side.
Hoffman discloses wherein:
the light source extends across a lower portion of each speaker grille (lower part of figure 1, paragraphs [0025] to [0027]); and
the reflector extends across the light source (paragraphs [0025] to [0027]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DOUGLAS JOHN SUTHERS whose telephone number is (571)272-0563. The examiner can normally be reached M-F, 8 am -5 pm.
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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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/DOUGLAS J SUTHERS/ Examiner, Art Unit 2695
/VIVIAN C CHIN/ Supervisory Patent Examiner, Art Unit 2695
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