`
`Applicant(s)
`Application No.
` 12/921,231 JIN ET AL
`
`
`AIA (First Inventorto File)
`Art Unit
`Examiner
`Office Action Summary
`
`
`StatusNo PHYLESHA DABNEY 2655
`-- 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 CFR 1.136(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.
`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)IXI Responsive to communication(s) filed on 16AQI’i/ 2013.
`[I A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
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`2b)lX| This action is non-final.
`a)I:| This action is FINAL.
`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)|:I Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under EX parte Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`Disposition of Claims
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`5)|XI Claim(s) 1 3-7 and 9-11 is/are pending in the application.
`5a) Of the above claim(s)
`is/are withdrawn from consideration.
`6)|:l Claim(s) _ is/are allowed.
`7)IZ| Claim(s) 1, 3- 7, 9- 11 is/are rejected.
`8)I:I Claim(s) _ is/are objected to.
`
`9)|:l Claim((s)
`are subject to restriction and/or election requirement.
`* If any claims have been determined allowable, you may be eligible to benefit from the Patent Prosecution Highway program at a
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`participating intellectual property office for the corresponding application. For more information, please see
`htt
`://www.usoto. ov/ atents/init events"
`
`
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`h/index.‘s or send an inquiry to PF"I1feedback©uspto.qov.
`
`Application Papers
`
`10)I:I The specification is objected to by the Examiner.
`11)|Z| The drawing(s) filed on 9/7/2010 is/are: a)I:I accepted or b)lZl objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`Priority under 35 U.S.C. § 119
`12)IZI Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`
`b)I:I Some * c)I:I None of the:
`a)le AII
`1.IZI Certified copies of the priority documents have been received.
`2.I:I Certified copies of the priority documents have been received in Application No.
`3.|: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)).
`* See the attached detailed Office action for a list of the certified copies not received.
`
`Interim copies:
`
`a)|:l AII
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`b)I:I Some
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`c)I:I None of the:
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`Interim copies of the priority documents have been received.
`
`Attachment(s)
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`1) E Notice of References Cited (PTO-892)
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`3) [Z Interview Summary (PTO-413)
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`Paper NOISIIMa” Date —
`PTO/SB/08
`t
`St t
`I
`D'
`t'
`f
`2 IXI I
`)
`4) I:I Other:
`a emen (s)(
`Isc osure
`n orma Ion
`)
`Paper No(s)/Mai| Date
`US. Patent and Trademark Office
`PTOL-326 (Rev. 03-13)
`
`Part of Paper No./Mai| Date 20130422
`
`Office Action Summary
`
`

`

`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 the Amendment received on 8 April 2013 in which claims 1, 3-
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`7, 9-11 are pending.
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`An Examiner’s initiated interview was conducted on 29 April 2013 to suggest
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`cancellation of claim 1, and the incorporation of language from claim 1 into independent claims
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`7, 9—1 1. The Applicants declined to amended claims in manner proposed.
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`Drawings
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`The drawings are objected to under 37 CFR 1.83(a). The drawings must show every
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`feature of the invention specified in the claims. Therefore, the rubber of claim 6 must be shown
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`or the feature(s) canceled from the claim(s). No new matter should be entered.
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`Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to
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`the Office action to avoid abandonment of the application. Any amended replacement drawing
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`sheet should include all of the figures appearing on the immediate prior version of the sheet,
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`even if only one figure is being amended. The figure or figure number of an amended drawing
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`should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure
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`must be removed from the replacement sheet, and where necessary, the remaining figures must
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`be renumbered and appropriate changes made to the brief description of the several views of the
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`drawings for consistency. Additional replacement sheets may be necessary to show the
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`renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an
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`application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet”
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`pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will
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`

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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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`be notified and informed of any required corrective action in the next Office action. The
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`objection to the drawings will not be held in abeyance.
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`Claim Rejections - 35 USC § 103
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`The following is a quotation of 35 USC. 103(a) which forms the basis for all
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`obviousness rejections set forth in this Office action:
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`(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in
`section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are
`such that the subject matter as a whole would have been obvious at the time the invention was made to a person
`having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the
`manner in which the invention was made.
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`Claims 1, 3, 6, 9-11 are rejected under 35 USC. 103(a) as being unpatentable over
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`Hatsusho et al (Japanese Patent No. 2000—324591) in view of Ding et a1 (Article: “Silicon isotope
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`fractionation in bamboo and its signification to the biogeochemical cycle of silicon”).
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`Regarding claim 1, Hatsusho teaches a speaker diaphragm, which is manufactured by a
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`paper— making method, wherein the diaphragm has not smaller than 5 wt% of fibers extracted
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`from at least bamboo leaves (paragraph 0005, 0009, wherein it is stated the desired amount of
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`bamboo fiber is between 10% to 30% wt.).
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`Hatsusho fails to specifically teach a concentration of silicon in the bamboo leaves is not
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`lower than 5000 ugSi/g.
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`In table 3, Ding teaches the inherent content of silicon in different species of bamboo
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`(Table 3, wherein on average 9.04% of the leaf is silicon, which is more the 5000 ugSi/g). The
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`content of silicon is important to plant growth, resistance to compression, and rigidity.
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`

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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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`Therefore, it would have been obvious, if not inherent, to use the teachings of Ding in the
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`implementation of the diaphragm of Hatsusho to properly manufacture a strong bamboo infused
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`diaphragm.
`
`Regarding claim 3, the combination of Hatsusho and Ding teaches the speaker diaphragm
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`according to claim 1, wherein said bamboo leaves are biaXially mixed so as to be pulpified
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`(Hatsusho; fig. 5, wherein the bamboo, shown by the arrows, is combined with wood to form
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`wood and bamboo pulp).
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`Regarding claim 6, the combination of Hatsusho and Ding fails to teach the speaker
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`diaphragm according to claim 1, wherein raw rubber is contained.
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`However, the Examiner takes official notice that it is known to use rubber material in the
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`speaker diaphragms to improve tensile strength.
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`Therefore, it would have been obvious to one of ordinary skill in the art at the time the
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`invention was made to incorporate raw rubber in the invention of Hatsusho and Ding to increase
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`the amount of stress during stretching/pulling that could be applied to the diaphragm before
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`breakage or failure.
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`Regarding claim 9, Hatsusho teaches a speaker (fig. 2), comprising: a frame (2), coupled
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`to a magnetic circuit (4); a speaker diaphragm (1) according to claim 1 (wherein the bamboo
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`fiber is between 10—30% wt.), which is coupled to a periphery of the frame; and a voice coil (31),
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`coupled to the speaker diaphragm (via bobbin, 3).
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`

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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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`Hatsusho fails to specifically teaches the diaphragm having a concentration of silicon in
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`the bamboo leaves is not lower than 5000 (as disclosed in claim 1 g.
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`In table 3, Ding teaches the inherent content of silicon in different species of bamboo
`
`(Table 3, wherein on average 9.04% of the leaf is silicon, which is more the 5000 ugSi/g). The
`
`content of silicon is important to plant growth, resistance to compression, and rigidity.
`
`Therefore, it would have been obvious, if not inherent, to use the teachings of Ding in the
`
`implementation of the diaphragm of Hatsusho to properly manufacture a strong bamboo infused
`
`diaphragm.
`
`Regarding claim 10, Hatsusho teaches a speaker, comprising: a speaker having a frame
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`(2) coupled to the magnetic circuit (4), a speaker diaphragm according to claim 1 (wherein the
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`bamboo fiber is between 10—30% wt.) coupled to a periphery of the frame (fig. 2; paragraphs
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`0005, 0009, wherein the bamboo fiber is between 10—30% wt.), and a voice coil (31) coupled to
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`the speaker diaphragm (via bobbin, 3).
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`Hatsusho fails to specifically teaches the diaphragm having a concentration of silicon in
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`the bamboo leaves is not lower than 5000 (as disclosed in claim 1 g.
`
`In table 3, Ding teaches the inherent content of silicon in different species of bamboo
`
`(Table 3, wherein on average 9.04% of the leaf is silicon, which is more the 5000 ugSi/g). The
`
`content of silicon is important to plant growth, resistance to compression, and rigidity.
`
`Therefore, it would have been obvious, if not inherent, to use the teachings of Ding in the
`
`implementation of the diaphragm of Hatsusho to properly manufacture a strong bamboo infused
`
`diaphragm.
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`

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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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`Further, the combination of Hatsusho and Ding fails teach an amplifier circuit for audio
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`signals to drive the speaker in electronic equipment.
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`However, the Examiner takes Official Notice that it is known in the art to use an
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`amplifier to magnify the speaker signal within electronic equipment, such as a radio, boombox,
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`surround sound speaker array, etc.
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`One of ordinary skill in the art at the time the invention was made could have combined
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`the speaker of Hatsusho and Ding, in electronic equipment utilizing an amplifier to magnifier the
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`sound signal, and properly house and protect the speaker components.
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`Regarding claim 11, Hatsusho teaches a speaker, comprising: a speaker (fig. 2),
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`incorporated with the speaker diaphragm (2) according to claim 1 (wherein the bamboo fiber is
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`between 10-30% wt.).
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`Hatsusho fails to specifically teaches the diaphragm having a concentration of silicon in
`
`the bamboo leaves is not lower than 5000 (as disclosed in claim 1 g.
`
`In table 3, Ding teaches the inherent content of silicon in different species of bamboo
`
`(Table 3, wherein on average 9.04% of the leaf is silicon, which is more the 5000 ugSi/g). The
`
`content of silicon is important to plant growth, resistance to compression, and rigidity.
`
`Therefore, it would have been obvious, if not inherent, to use the teachings of Ding in the
`
`implementation of the diaphragm of Hatsusho to properly manufacture a strong bamboo infused
`
`diaphragm.
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`Further, the combination of Hatsusho and Ding fails to teach an amplifier circuit for
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`driving the speaker in a mobile device.
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`

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`Application/Control Number: 12/921,231
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`Page 7
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`Art Unit: 2655
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`However, the Examiner takes Official Notice that it is known in the art to use an
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`amplifier to magnify the speaker signal within mobile device, such as a portable radio, boombox,
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`surround sound speaker array, etc.
`
`One of ordinary skill in the art at the time the invention was made could have combined
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`the speaker of Hatsusho and Ding, in portable audio device utilizing an amplifier to magnifier the
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`sound signal, and properly house and protect the speaker components.
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`Claim 7 is rejected under 35 U.S.C. 103(a) as being unpatentable over Hatsusho et al
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`(Japanese Patent No. 2000—324591) in view of Ahmad (Dissertation: “Analysis of Calcutta
`
`Bamboo for structural composite materials”, chapter 2, pages 35—38).
`
`Regarding claim 7, Hatsusho teaches a speaker diaphragm, which is manufactured by a
`
`paper—making method, wherein the diaphragm has not smaller than 5 wt% of fibers extracted
`
`from at least bamboo leaves (paragraph 0005, 0009, wherein it is stated the desired amount of
`
`bamboo fiber is between 10% to 30% wt.) and the fibers extracted from the bamboo leaves are
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`cross— linked (fig. 5, wherein the bamboo, shown by the arrows, is combined with wood to form
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`wood and bamboo pulp).
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`Hatsusho fails to teach the bamboo leaves are cross—linked by an isocyanate component.
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`Isocyanate, as taught by Ahmad, is a well—known wood adhesive for bonding wood
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`composite materials.
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`Therefore, it would have been obvious to one of ordinary skill in the art at the time the
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`invention was made to incorporate isocyanate into the invention of Hatsusho, as taught by
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`

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`Application/Control Number: 12/921,231
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`Page 8
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`Art Unit: 2655
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`Ahmand, to properly bond the fibers of the diaphragm together.
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`Claims 4-5 are rejected under 35 U.S.C. 103(a) as being unpatentable over Hatsusho et al
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`(Japanese Patent No. 2000—324591) in view of Ding et a1 (Article: “Silicon isotope fractionation
`
`in bamboo and its signification to the biogeochemical cycle of silicon”), and in further view of
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`Fujii et al (Japanese Patent No. 2008—229933A).
`
`Regarding claim 4, the combination Hatsusho and Ding fail to teach the speaker
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`diaphragm according to claim 1, wherein the fibers extracted from the bamboo leaves are
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`obtained by making the bamboo leaves finer with at least one piece of equipment of a bead mill,
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`a pressure—type homogenizer, and a disk refiner.
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`Fujii teaching extracting the fibers from the bamboo leaves using homogenization and
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`disk refining to disentangle the bamboo and extract the desired sized fiber.
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`It would have been obvious to one of ordinary skill in the art at the time the invention
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`was made to include an extraction method in the invention of Hatsusho and Ding, as taught by
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`Fujii, to disentangle the desired bamboo fiber from the bamboo.
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`Regarding claim 5, although the combination of Hatsusho, Ding, and Fujii teaches
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`applying a reinforcing agent, such as resin, to the fibers for strength, the combination does not
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`specifically teaches the speaker diaphragm according to claim 4, wherein the bamboo fibers
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`having been made finer are surface—coated by at least either a spraying method or a
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`suction/deposition paper—making method.
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`

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`Application/Control Number: 12/921,231
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`Page 9
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`Art Unit: 2655
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`However, the Examiner takes Official Notice that it is known to using a spraying method
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`to apply resin to plant fibers for strength.
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`It would have been obvious to one of ordinary skill in the at the time was made to spray a
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`surface coating on to the invention of Hatsusho, Ding, and Fujii, to increase the rigidity of the
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`fibers.
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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.
`
`Any response to this action should be mailed to:
`Commissioner of Patents and Trademarks
`P O Box 1450
`Alexandria, VA 22313—1450
`
`0r faxed to:
`
`(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.
`
`Hand-delivered responses should be brought to:
`Customer Service Window
`
`Randolph Building
`401 Dulany Street
`Alexandria, VA 22314
`
`

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`Application/Control Number: 12/921,231
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`Page 10
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`Art Unit: 2655
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`Information regarding the status of an application may be obtained from the Patent
`
`Application Information Retrieval (PAIR) system. Status information for published applications
`
`may be obtained from either Private PAIR or Public PAIR. Status information for unpublished
`
`applications is available through Private PAIR only. For more information about the PAIR
`
`system, see http://pair—direct.uspto.gov. Should you have questions on access to the Private PAIR
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`
`like assistance from a USPTO Customer Service Representative or access to the automated
`
`information system, call 800—786—9199 (IN USA OR CANADA) or 571—272—1000.
`
`April 22, 2013
`
`/PHYLESHA DABNEY/
`
`Examiner, Art Unit 2655
`
`/DAVETTA W. GOINS/
`
`Supervisory Patent Examiner, Art Unit 2655
`
`