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Re: From Wayne Parham - Re: Patentable claim

Posted by Wayne Parham on July 3, 2002 at 22:24:00:
Hello again Dan!
You wrote:
>> One clearly cannot patent that which exists and is publicly known prior to the filing of the patent.
Then you see my point. There are several claims listed that do not fit the criteria. Take just one, claim 3:
"3. A sound reproduction system for creating a unified sound source field from a plurality of audio signals, comprising:
a horn of a loudspeaker enclosure having multiply segmented portions according to the frequency response of the horn, comprising a throat and an aperture extending outwardly from the throat;
a loudspeaker driver coupled to the throat of the horn operating in a first one of a plurality of frequency ranges;
a plurality of throat ports for receiving the loudspeaker drivers upon a surface of the horn;
a first pair of loudspeaker drivers operating in a second one of the plurality of frequency ranges, wherein the second one of the plurality of frequency ranges is at a lower frequency than the first one of the plurality of frequency ranges, said first pair of loudspeaker drivers being coupled to a respective one of the multiply segmented portions at a distance from the throat of the horn according to the frequency response of the horn for summation of audio signals generated by each of the respective loudspeaker, wherein said first pair of loudspeaker drivers are coupled acoustically to the horn of the loudspeaker enclosure using the throat ports along an outer surface thereof;
a second pair of loudspeaker drivers coupled to another respective one of the multiply segmented portions of the horn of the loudspeaker enclosure and positioned outwardly and away from the throat operating in a third one of the plurality of frequency range, wherein the third one of the plurality of frequency ranges is at a lower frequency than the first one and the second one of the plurality of frequency ranges, said loudspeaker driver, said first pair of loudspeaker drivers, and said second pair of loudspeaker drivers being acoustically coupled to the horn of the loudspeaker enclosure at respective distances from the throat of the horn for providing a unity summation of an audio sound field at the aperture of the horn;
said first and second pairs of loudspeaker drivers being positioned for coupling the plurality of audio signals operating in the plurality of frequency ranges into the aperture of the horn."
Danley could make the case that any concentric horn were in violation of his patent. But an opponent in litigation could easily argue the point that there are many designs that fit the description of this claim, and that have been sold long before this patent was applied for. Then the validity of the patent itself comes into question. This could become very interesting.
I expect that they will never actually challenge anyone on these grounds because it might cause the PTO to reverse the patent examiner's findings. I'm not sure; I've never seen an issue like this before. This kind of thing has undoubtedly happened, but I've never seen it.
Interesting, yes?
Wayne