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 .
Response to Arguments
Applicant's arguments filed 12/10/2025 have been fully considered but they are not persuasive. Applicant argues that the plug body of Menolotto does not extend out of the two-dimensional plane defined by the shaft and the direction of the cable exit into the third dimension. However, as discussed in the office action below it is clear that Figure 7-8 show the distal portion of the body extending into a third dimension in -Y direction considering Y-Z plane annotated below.
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.
Claims 5-6 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.
Regarding Claim 5, line 2 recites “a first side”. It is not clear where the limitation “a first side” is referring to.
Regarding Claim 6, line 2 recites “a second side”. It is not clear where the limitation “a second side” is referring to.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-2 and 7 are rejected under 35 U.S.C. 102(a)(1)(a)(2) as being anticipated by Menolotto et al. [US 8162697 B1].
Regarding Claim 1, Monolotto discloses an audio plug (100, Fig 5-8) comprising: a shaft (see annotated Fig 8) with a 1/4 inch diameter (Monolotto discloses the plug 100 as a TS plug which are known to have an original 1.4 inch diameter size, see column 1, lines 15-25 and column 5, lines 53-55); a body (see annotated Figure 6) having a proximal segment and a distal segment (see annotated Figure 7, 8), wherein the proximal segment is coupled to an end of the shaft and oriented at a first angle of 90 degrees relative to the shaft in a two-dimensional shaft-proximal plane (X-Y plane, see annotated Fig 8), wherein the distal segment is arranged at a second angle to the proximal segment such that the distal segment extends from the shaft-proximal plane into a third dimension (consider Y-Z plane, distal end extends into a third dimension -Y direction, see annotated Fig 7), wherein the body is configured to house electrical connections between a cable (not shown, see Column 5 lines 53-65) received through an exit in the distal segment and electrical contacts (102) of the shaft.
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Annotated Figure 7 and 8 [Menolotto et al.]
Regarding Claim 2, Monolotto discloses all the limitations of claim 1, Menolotto further discloses the body is cylindrical (see Fig 5-8).
Regarding Claim 7, Monolotto discloses all the limitations of claim 1, Menolotto further discloses the audio plug (100) as in claim 5, wherein the plug (100) is inserted into a guitar with a output jack plate (see field of invention, Column 1, lines 5-11). The plug being rotated around an axis of the shaft until the cable received through the exit of the distal segment of the audio plug is arranged parallel to the surface of the strat-style guitar by virtue of the second angle between the proximal and distal segments of the body is an intended use of the structure of Monolotto’s invention.
Allowable Subject Matter
Claims 3-6 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Regarding Claim 3, the prior art of record do not explicitly disclose the second angle demarcating the proximal and distal segments of the body ranges from at least 90 degrees to 180 degrees or less, along with all other limitations of claim 3 and 1.
Claims 4-6 are objected to as they are dependent on claim 3.Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/T.R./Examiner, Art Unit 2834
/TULSIDAS C PATEL/Supervisory Patent Examiner, Art Unit 2834