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 .
Claim Rejections - 35 USC § 103
2. 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 of this title, 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.
3. Claims 1-3 are rejected under 35 U.S.C. 103 as being unpatentable over RICHTER (US 20090272246 A1).
Regarding claim 1, RICHTER discloses a guitar string comprising iron (Fe) and nickel (Ni) which have been smelted together to form an alloy (para. 0015, 0029, 0035: amorphous metal can be produced through various methods including melt spinning in which molten metal is rapidly cooled on a rotating wheel, forming thin ribbons or wires of amorphous metal).
RICHTER does not mention explicitly: the alloy having between about 90% Fe and 10% Ni.
However, since the claims of the present application do not specify the particular function or benefit of the limitation in question, it is deemed that the specific composition percentage of the Fe and Ni material in said alloy is merely a design choice which does not affect the functionality of the intended use of the invention. A skilled person in the art would practice such a design choice or design option without needing inventive skill but depending on practical considerations and according to the dictates of the circumstances. It has been held that an obvious matter of engineering design choice is not patentably advanced.
Regarding claims 2 and 3, RICHTER discloses the guitar string recited in claim 1. RICHTER further renders obvious the recited limitations: wherein the alloy comprises between about 95% Fe and 5% Ni, and wherein the alloy comprises between about 98% Fe and 2% Ni (see discussion for claim 1 above).
4. Claims 4-10 are rejected under 35 U.S.C. 103 as being unpatentable over Harari (US 8319088 B1) in view of RICHTER (US 20090272246 A1).
Regarding claim 4, Harari discloses a guitar (Fig. 1) comprising: a pickup (Fig. 2); six guitar strings (20).
Harari does not mention: said guitar strings comprising iron (Fe) and nickel (Ni) which have been smelted together to form an alloy, the alloy having between about 90% Fe and 10% Ni.
However, RICHTER teaches or renders obvious the limitations in question.
It would have been obvious to one ordinary skill in the art before the effective filing date of the claimed invention to apply RICHTER’s teaching of the composite alloy strings to the Harari guitar to arrive the claimed invention. It has been held that the mere application of a known technique to a specific instance by those skilled in the art would have been obvious. And, one of ordinary skill in the art would have recognized that the results of such a combination were predictable for improving the performance of the guitar (RICHTER, para. 0006, 0010).
Regarding claims 5 and 6, Harari does not teach the recited limitations, however, RICHTER renders obvious those limitations (see discussion for claims 2 and 3 above).
Regarding claims 7 and 10, Harari discloses the claimed invention (col. 3, lines 24-40).
Regarding claim 8, Harari discloses the claimed invention (Fig. 2; col. 3, lines 24-40).
Regarding claim 9, Harari discloses the claimed invention (col. 4, lines 7-15).
Contact Information
5. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JIANCHUN QIN whose telephone number is (571)272-5981. The examiner can normally be reached 9AM-5:30PM EST M-F.
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, Dedei Hammond can be reached on (571)270-7938. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JIANCHUN QIN/Primary Examiner, Art Unit 2837
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