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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`17/639,484
`
`03/01/2022
`
`Takashi OGURA
`
`070469-1155
`
`8618
`
`McDermott Will and Emery LLP
`The McDermott Building
`500 North Capitol Street, N.W.
`Washington, DC 20001
`
`JOSHI, SUNITA
`
`2691
`
`PAPER NUMBER
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`NOTIFICATION DATE
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`DELIVERY MODE
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`10/10/2023
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`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`Thetime period for reply, if any, is set in the attached communication.
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`Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
`following e-mail address(es):
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`mweipdocket@mwe.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`Office Action Summary
`
`Application No.
`17/639,484
`Examiner
`SUNITA JOSHI
`
`Applicant(s)
`OGURA, Takashi
`Art Unit
`AIA (FITF) Status
`2651
`Yes
`
`-- The MAILING DATEof this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available underthe provisions of 37 CFR 1.136(a). In no event, however, may a reply betimely filed after SIX (6) MONTHSfrom 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) MONTHSfrom 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, evenif timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
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`
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`1) Responsive to communication(s) filed on 03/01/22.
`C} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
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`2a)() This action is FINAL. 2b)¥)This action is non-final.
`3)02 An election was madeby the applicant in responseto a restriction requirement set forth during the interview
`on
`; the restriction requirement and election have been incorporated into this action.
`4)\0) 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 Exparte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`Disposition of Claims*
`1-8 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) ___ is/are withdrawn from consideration.
`Cj} Claim(s)
`is/are allowed.
`Claim(s) 1,5and8 is/are rejected.
`Claim(s) 2-4 and 6-7 is/are objected to.
`C] Claim(s)
`are subjectto restriction and/or election requirement
`“If any claims have been determined allowable, you maybeeligible to benefit from the Patent Prosecution Highway program at a
`participating intellectual property office for the corresponding application. For more information, please see
`http:/Awww.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
`
`) ) ) )
`
`Application Papers
`10)( The specification is objected to by the Examiner.
`11)M The drawing(s) filed on 03/01/22 is/are: a) accepted or b)() 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)[¥] Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`c)() None ofthe:
`b)( Some**
`a) All
`1.4] Certified copies of the priority documents have been received.
`2.1.) Certified copies of the priority documents have been received in Application No.
`3.2.) Copies of the certified copies of the priority documents have been receivedin this National Stage
`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.
`
`Attachment(s)
`
`1)
`
`Notice of References Cited (PTO-892)
`
`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mail Date
`U.S. Patent and Trademark Office
`
`3)
`
`(LJ Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) (J Other:
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20231002
`
`

`

`Application/Control Number: 17/639,484
`Art Unit: 2651
`
`Page 2
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`Notice of Pre-AlA or AIA Status
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`The present application, filed on or after March 16, 2013,
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`is being examined
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`under the first inventor to file provisions of the AIA.
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`Claim Rejections - 35 USC § 103
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`The following is a quotation of 35 U.S.C. 103 which forms the basis forall
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`obviousness rejections set forth in this Office action:
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`Apatent fora claimed invention may notbe 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 artare such that the claimed invention as a whole would have
`been obvious beforethe effective filing date of the claimed inventionto a person having
`ordinaryskill in the art to which the claimed invention pertains. Patentability shall notbe
`negated by the manner in whichthe invention was made.
`
`The factual inquiries for establishing a background for determining obviousness
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`under 35 U.S.C. 103 are summarized asfollows:
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`1. Determining the scope and contentsof the prior art.
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`2. Ascertaining the differences between the prior art and the claims atissue.
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`3. Resolving the level of ordinary skill in the pertinent art.
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`4. Considering objective evidence present in the application indicating
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`obviousness or nonobviousness.
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`1.
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`Claims 1, 5 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over
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`Yamaguchi, Akira (JP-59014484 U) in view of Bie (US5117462).
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`As to Claim 1, Yamaguchi , Akira teaches an acoustic lens ( abstract) that is attached
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`to a loudspeaker (acoustic lens device mounted on a front surface of a speaker,
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`abstract) , the acoustic lens comprising: a plurality of fins ( plurality of fines 6, Figure 2)
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`each having one end portion located on a side opposite to the loudspeaker ( speaker 2)
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`

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`Application/Control Number: 17/639,484
`Art Unit: 2651
`
`Page 3
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`and further teaches the plurality of fins ( plurality of fins 6) being arranged in the
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`predetermined direction at substantially equal intervals and substantially in parallel to
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`one another( figure 2 fins 6 are parallel to one another). Yamaguchi, Akira does not
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`explicitly teach the plurality of fins are located on a curvedline that extends as convexly
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`curved along a predetermined direction when the acoustic lens is viewed from a lateral
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`side. However, Bie in related field (speaker) teaches a phasing plug for compression
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`drivers having a diaphragm 34 mounted adjacent the rear surface of the phasing plug
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`30 being separated by a thin space or compression region 32 in which the diaphragm is
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`free to vibrate in a direction along the longitudinal axis. The diaphragm 34 is shown as
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`having a central dome-shaped portion with the rear surface of phasing plug 30 being of
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`corresponding sphericity. See at least col. 4 lines 14-20.
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`It would have been obvious to
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`one of ordinary skill in the art, before the effective filing date of the invention to mount
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`the phasing plug having plurality of fins adjacent to the curved dome shaped portion of
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`the diaphragm in order for the mean path length through the annular air channels of the
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`phasing plug from any point on the diaphragm to the throat 66 to be substantially
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`uniform. See at least Bie on col. 4 lines 28-31. Yamaguchi, Akira in view of Bie further
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`teaches wherein when the acoustic lens (phase plug 30, Bie on Figure 1 or Yamaguchi
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`on figure 2, fins 6 are parallel to one another and identical in length) is viewed from the
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`lateral side, the plurality of fins ( phasing plug including plurality of annular passages
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`60,62 and 64) are substantially identical in length ( Figure 1 of Bie or Yamaguchi on
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`figure 2, fins 6) and an elevation angle of the curvedline( curved diaphragm 34) relative
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`to each ofthe plurality of fins ( phase plug 30 with acoustic passages 60-64) gradually
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`increases from one side to an other side in the predetermined direction ( Figure 1 of Bie.
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`

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`Application/Control Number: 17/639,484
`Art Unit: 2651
`
`Page 4
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`As to Claim 5, Yamaguchi, Akira in view of Bie teachesthe limitations of Claim 5 and
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`wherein the plurality of fins (Yamaguchi, Akira on Figures 1, 2 Fins 6) are substantially
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`identical in size.
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`As to Claim 8, Yamaguchi, Akira in view of Bie teachesthe limitations of Claim 1 and
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`comprising: a loudspeaker including a diaphragm( Bie teaches diaphragm 34) ; and the
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`acoustic lens according to claim 1, the acoustic lens being attached to the loudspeaker,
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`wherein the plurality of fins of the acoustic lens are each disposed at an angle to a
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`central axis of the diaphragm( The diaphragm 34 is shown as having a central dome-
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`shaped portion with the rear surface of phasing plug 30 being of corresponding
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`sphericity. See at least col. 4 lines 14-20, Figure 1)
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`Allowable Subject Matter
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`1. Claims 2-4, 6 and 7 are objected to as being dependent upon a rejected base
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`claim, but would be allowable if rewritten in independent form including all of the
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`limitations of the base claim and any intervening claims.
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`Conclusion
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`Anyinquiry concerning this communication or earlier communications from the
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`examiner should be directed to SUNITA JOSHI whosetelephone numberis (571)270-
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`7227. The examiner can normally be reached 8-3.
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`Examiner interviews are available via telephone,
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`in-person, and video
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`conferencing using a USPTO supplied web-based collaboration tool. To schedule an
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`

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`Application/Control Number: 17/639,484
`Art Unit: 2651
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`Page 5
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`interview, applicant is encouraged to use the USPTO AutomatedInterview Request
`
`(AIR) at http:/Awww.uspto.gov/interviewpractice.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner's
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`supervisor, Duc Nguyen can be reached on 5712727503. 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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`Information regarding the status of published or unpublished applications may be
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`
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`
`If you would like assistance from a USPTO Customer Service
`
`Representative, call 800-786-9199 (IN USA OR CANADA)or 571-272-1000.
`
`/SUNITA JOSHI/
`Primary Examiner, Art Unit 2651
`
`