DETAILED ACTION
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 .
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
Claim Objections
Claim 1 is objected to because of the following informalities: This claim does not begin with a capital letter. See MPEP § 608.01(m).
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 7 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 7 includes the limitation “is provided in the side surface on a lower side of the top surface of the top surface support portion”. However the claims describe the top surface and the top surface support portion to be two distinct elements. It is unclear whether applicant intends this limitation to reference a top surface of the top surface support portion, or to reference either the top surface or the top surface support portion. For examining purposes, this limitation is interpreted as stating “is provided in the side surface on a lower side of the top surface or the top surface support portion”.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-6 and 8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Takata et al. (US 9,646,578 B2).
Claim 1: Takata et al. discloses a keyboard instrument comprising: a key shown in FIG. 9A to comprise: a key base (base member 2130D) comprising a top surface (upper plate 131) and a top surface support portion (side plate 132) provided as to be suspended perpendicularly from a lower surface of the top surface as shown in FIG. 9B. An attachment (wood member 140S) is disposed on a side surface (sticking surface 132a) of the top surface support portion (column 15 lines 6-10), as shown in FIG. 9B. The top surface support portion is shown in FIG. 9B to comprise a thick portion (portion between concave grooves 134 and 2134) of a first thickness which is a thickness defined in a key alignment direction (direction of arrow R-L) and a thin portion (concave grooves 134 and 2134) of a second thickness which is thinner than the first thickness in different positions (vertical heights) along a longitudinal direction (direction of arrow F-B) of the key base at top and bottom of top surface support portion (column 26 lines 19-28), as shown in FIG. 9A. A contact area with the attachment at the thick portion then is larger than a contact area of the thin portion with the attachment due to the flat surface at the thick portion contacting the attachment, as shown in FIG. 9B.
Claim 2: Takata et al. discloses a keyboard instrument as stated above, where the top surface support portion is shown in FIG. 9B to comprise a lower open portion which is opened in a lower side thereof. The thin portion is shown in FIG. 9A to form a rectangular shape on the top surface support portion (column 26 lines 19-28), such that the thick portion and thin portion (vertical concave grooves 134, 2134) are provided alternately on a same line in a front-back direction (direction of arrow F-B) of the key in a lower side of the top surface and an upper side of the lower open portion.
Claim 3: Takata et al. discloses a keyboard instrument as stated above, where the thin portion is shown in FIG. 9B to comprise a thickness removing portion which is provided into a recessed shape from the side surface.
Claim 4: Takata et al. discloses a keyboard instrument as stated above, where the thin portion is shown in FIG. 9A to form a rectangular shape on the top surface support portion (column 26 lines 19-28), such that the thickness removing portion (vertical concave grooves 134, 2134) is provided intermittently along a front-back direction (direction of arrow F-B) of the key.
Claim 5: Takata et al. discloses a keyboard instrument where the thin portion forms a rectangular shape on the top surface support portion, as stated above. The thickness removing portion is shown in FIG. 9A to be provided on a same line in the front-back direction of the key.
Claim 6: Takata et al. discloses a keyboard instrument where the thin portion forms a rectangular shape on the top surface support portion, as stated above.
The thickness removing portion is shown in FIG. 9 to be provided in plural (vertical and horizontal concave grooves 134, 2134) having different lengths in the front-back direction of the key.
Claim 8: Takata et al. discloses a keyboard instrument as stated above, where the key base is shown in FIG. 7A to comprise a broad portion (wide-width portion WK) in which a width of the top surface is broad and a narrow portion (narrow-width portion NK) in which the width of the top surface is narrow. The top surface support portion is shown to correspond to a majority of the narrow portion.
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 7 is rejected under 35 U.S.C. 103 as being obvious over Takata et al. (US 9,646,578 B2).
Claim 7: Takata et al. discloses a keyboard instrument where the thin portion forms a rectangular shape on the top surface support portion, as stated above. This reference fails to disclose the key base to comprise a recessed groove portion provided in the front-back direction of the key, provided in the side surface on a lower side of the top surface or the top surface support portion and on an upper side of the thick portion or the thin portion.
However Takata et al. teaches a different embodiment shown in FIG. 11, where the key base (base member 6130D) comprises a recessed groove portion to fit rigid member (6150) provided in the front-back direction of the key, provided in the side surface on a lower side of the top surface (column 28 lines 3-8, 17-18).
Given the teachings of the different embodiment of Takata et al., it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the keyboard instrument disclosed in Takata et al. with providing the key base to comprise a recessed groove portion provided in the front-back direction of the key, provided in the side surface on a lower side of the top surface. The recessed groove then would be provided on an upper side of the thin portion. Doing so would “improve rigidity [such that] vibration of the [top surface] at the time the touching surface is touched by the player’s fingernail can be prevented. As a result …occurrence of unpleasant noise can be effectively prevented” as taught in Takata et al. (column 28 lines 8-16).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 4,205,583, US 5,955,690, US 2023/0317041 A1 pertaining to a top surface support portion being a thick portion and thin portion.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER UHLIR whose telephone number is (571)270-3091. The examiner can normally be reached M-F 8:30-4.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anita Coupe can be reached at 571-270-3614. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Christopher Uhlir/Primary Examiner, Art Unit 3619 April 3, 2026
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