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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria1 Virginia 22313- 1450
`wwwnsptogov
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`APPLICATION NO.
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` F ING DATE
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`FIRST NAMED INVENTOR
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`ATTORNEY DOCKET NO.
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`CONF {MATION NO.
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`12/921,231
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`09/07/2010
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`Yohei Jin
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`MAT— 10391Us
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`1333
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`EXAMINER
`RATNERPRESTIA —
`PO. BOX 980
`DABNEY, PHYLESHA LARVINIA
`VALLEY FORGE, PA 19482-0980
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`PAPER NUMBER
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`ART UNIT
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`2655
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`MAIL DATE
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`12/26/2012
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`DELIVERY MODE
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`PAPER
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`Please find below and/or attached an Office communication concerning this application or proceeding.
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`The time period for reply, if any, is set in the attached communication.
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`PTOL—90A (Rev. 04/07)
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`Office Action Summary
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`Application No.
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`Applicant(s)
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` 12/921,231 JIN ET AL.
`Examiner
`Art Unit
`PHYLESHA DABNEY
`2655
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`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address --
`Period for Reply
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`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE 3 MONTH(S) OR THIRTY (30) DAYS,
`WHICHEVER IS LONGER, FROM THE MAILING DATE OF THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR1. 136(a).
`In no event however may a reply be timely filed
`after SIX () MONTHS from the mailing date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
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`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1.704(b).
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`Status
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`1)|Zl Responsive to communication(s) filed on 07 Sthember 2010.
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`2a)|:l This action is FINAL.
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`2b)IXI This action is non-final.
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`3)I:I An election was made by the applicant in response to a restriction requirement set forth during the interview on
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`; the restriction requirement and election have been incorporated into this action.
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`4)|:l Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
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`closed in accordance with the practice under Exparte Quay/e, 1935 CD. 11, 453 O.G. 213.
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`Disposition of Claims
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`5)|:| Claim(s) M is/are pending in the application.
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`5a) Of the above claim(s) Q is/are withdrawn from consideration.
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`6)|:| Claim(s)_ is/are allowed.
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`7)|Xl Claim(s) 1 3- 6and9- 11 is/are rejected.
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`8)IZI Claim(s) 2 and 7is/are objected to.
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`9)I:I Claim((s)
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`are subject to restriction and/or election requirement.
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`* If any claims have been determined allowable, you may be eligible to benefit from the Patent Prosecution Highway
`program at a participating intellectual property office for the corresponding application. For more information, please see
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`httn:,I/www usntq. quwua'ertslanr events/
`h/Indexis or send an inquiry to PPeredback us Emmi.
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`Application Papers
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`10)I:| The specification is objected to by the Examiner.
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`11)|:I The drawing(s) filed on _ is/are: a)I:I accepted or b)I:I objected to by the Examiner.
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`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
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`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
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`Priority under 35 U.S.C. § 119
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`12)|X| Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
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`a)lZl All
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`b)|:l Some * c)I:I None of:
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`1.IXI Certified copies of the priority documents have been received.
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`2.|:l Certified copies of the priority documents have been received in Application No. _
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`3.I:I Copies of the certified copies of the priority documents have been received in this National Stage
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`application from the International Bureau (PCT Rule 17.2(a)).
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`* See the attached detailed Office action for a list of the certified copies not received.
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`Attachment(s)
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`1) IZI Notice of References Cited (PTO-892)
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`2) E Information Disclosure Statement(s) (PTO/SB/08)
`Paper No(s)/Mai| Date
`US. Patent and Trademark Office
`PTOL-326 (Rev. 09-12)
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`3) I] Interview Summary (PTO-413)
`Paper No(s)/Mai| Date.
`4) D Other:
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`Office Action Summary
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`Part of Paper No./Mai| Date 20121215
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`

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`Application/Control Number: 12/921,231
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`Page 2
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`Art Unit: 2655
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`DETAILED ACTION
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`This action is in response to the Application received on 7 September 2010 in which
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`claims 1-7, 9-11 are pending, Claim 8 is nonelected.
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`Information Disclosure Statement
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`The information disclosure statement filed 9/7/2010 fails to comply with 37 CFR
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`1.98(a)(3) because it does not include a concise explanation of the relevance, as it is presently
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`understood by the individual designated in 37 CFR 1.56(c) most knowledgeable about the
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`content of the information, of each patent listed that is not in the English language. It has been
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`placed in the application file, but the information referred to therein has not been considered.
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`Election/Restrictions
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`Applicant’s election without traverse of Group 1 (claims 1—7, 9—1 1) in the reply filed on
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`10/11/2012 is acknowledged.
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`Claim 8 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being
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`drawn to a nonelected group, there being no allowable generic or linking claim. Election was
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`made Without traverse in the reply filed on 10/11/2012.
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`Claim Rejections - 35 USC § 102
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`The following is a quotation of the appropriate paragraphs of 35 USC. 102 that form the
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`basis for the rejections under this section made in this Office action:
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`Application/Control Number: 12/921,231
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`Page 3
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`Art Unit: 2655
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`A person shall be entitled to a patent unless ,
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`(e) the invention was described in (1) an application for patent, published under section 122(b), by another filed
`in the United States before the invention by the applicant for patent or (2) a patent granted on an application for
`patent by another filed in the United States before the invention by the applicant for patent, except that an
`international application filed under the treaty defined in section 351(a) shall have the effects for purposes of this
`subsection of an application filed in the United States only if the international application designated the United
`States and was published under Article 21(2) of such treaty in the English language.
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`Claims 1, 3-6, 9-11 are rejected under 35 U.S.C. 102(e) as being anticipated by Mimura
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`(US. Patent No. 8199964).
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`The applied reference has a common inventor with the instant application. Based upon
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`the earlier effective U.S. filing date of the reference, it constitutes prior art under 35 U.S.C.
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`102(e). This rejection under 35 U.S.C. 102(e) might be overcome either by a showing under 37
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`CFR 1.132 that any invention disclosed but not claimed in the reference was derived from the
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`inventor of this application and is thus not the invention “by another,” or by an appropriate
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`showing under 37 CFR 1.131.
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`Regarding claim 1, Mimura teaches a speaker diaphragm (27), which is manufactured by
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`a paper—making method, wherein the diaphragm has not smaller than 5 wt% of fibers extracted
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`from at least bamboo leaves (fig. 5).
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`Regarding claim 3, Mimura teaches the speaker diaphragm according to claim "1", wherein
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`said bamboo leaves are biaxially mixed so as to be pulpified (interwoven; Col. 5 lines 34—43).
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`Regarding claim 4, Mimura teaches the speaker diaphragm according to claim 1, wherein
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`the fibers extracted from the bamboo leaves are obtained by making the bamboo leaves finer
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`with at least one piece of equipment of a bead mill, a pressure—type homogenizer, and a disk
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`refiner (col. 11 lines 31—41, wherein it is taught a method of fibrillating the fibers).
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`Application/Control Number: 12/921,231
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`Page 4
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`Art Unit: 2655
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`Regarding claim 5, Mimura teaches the speaker diaphragm according to claim 4, wherein
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`the bamboo fibers having been made finer are surface—coated by at least either a spraying method
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`or a suction/deposition paper—making method (col. 7 lines 7—35, wherein additives are
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`adhered/deposited to the fibers).
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`Regarding claim 6, Mimura teaches the speaker diaphragm according to claim 1, wherein
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`raw rubber is contained (col. 7 lines 7—11).
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`Regarding claim 9, Mimura teaches a speaker, comprising: a frame (26), coupled to a
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`magnetic circuit (24); a speaker diaphragm (27) according to claim 1, which is coupled to a
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`periphery of the frame; and a voice coil (28), coupled to the speaker diaphragm.
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`Regarding claim 10, Mimura teaches an electronic equipment, comprising: a speaker (40)
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`having a frame (26) coupled to the magnetic circuit (24), a speaker diaphragm (27) according to
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`claim 1 coupled to a periphery of the frame, and a voice coil (28) coupled to the speaker
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`diaphragm; and an amplifier circuit (42) for audio signals to drive the speaker.
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`Regarding claim 11, Mimura teaches a mobile device (mini component system (fig. 8),
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`comprising: a speaker (40), incorporated with the speaker diaphragm (27) according to claim 1 ;
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`an amplifier circuit (42) for driving the speaker, and mobile means.
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`Application/Control Number: 12/921,231
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`Page 5
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`Art Unit: 2655
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`Allowable Subject Matter
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`Claims 2, 7 are objected to as being dependent upon a rejected base claim, but would be
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`allowable if rewritten in independent form including all of the limitations of the base claim and
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`any intervening claims.
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`Conclusion
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to PHYLESHA DABNEY Whose telephone number is (571)272—
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`7494. The examiner can normally be reached on Monday through Wednesday and Friday 10:30—
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`4:30pm.
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
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`supervisor, Davetta W. Goins can be reached on 571—272—2957. The fax phone number for the
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`organization Where this application or proceeding is assigned is 571—273—8300.
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`Any response to this action should be mailed to:
`Commissioner of Patents and Trademarks
`P O Box 1450
`Alexandria, VA 223 1 3— 1450
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`Or faxed to:
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`(703) 273—8300, for formal communications intended for entry and for informal or draft communications,
`please label "Proposed" or "Draft" when submitting an informal amendment.
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`Hand-delivered responses should be brought to:
`Customer Service Window
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`Randolph Building
`401 Dulany Street
`Alexandria, VA 22314
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`Application/Control Number: 12/921,231
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`Page 6
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`Art Unit: 2655
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`Information regarding the status of an application may be obtained from the Patent
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`Application Information Retrieval (PAIR) system. Status information for published applications
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`may be obtained from either Private PAIR or Public PAIR. Status information for unpublished
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`applications is available through Private PAIR only. For more information about the PAIR
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`system, see http://pair—direct.uspto.gov. Should you have questions on access to the Private PAIR
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`system, contact the Electronic Business Center (EBC) at 866—217—9197 (toll—free). If you would
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`like assistance from a USPTO Customer Service Representative or access to the automated
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`information system, call 800—786—9199 (IN USA OR CANADA) or 571—272—1000.
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`December 15, 2012
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`/PHYLESHA DABNEY/
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`Examiner, Art Unit 2655
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`/Olisa Anwah/
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`Primary Examiner, Art Unit 2655
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