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 § 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 35-43, 46, 49, and 50 are 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.
Claims 35-43, 46, 49, and 50 recite the phrase “any one of claim….”. The phrase fails to specifically disclose the applicant’s invention.
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 27 is rejected under 35 U.S.C. 103 as being unpatentable over GB 2256522A in view of JP 2017198721 .
Regarding claim 27, GB 2256522 A discloses a repetition spring assembly (21) for an upright piano comprising: a repetition spring (21) being a torsion spring (34) operatively coupled to a backstop portion (67) of a hammer assembly (9) at a connection point (26) and operatively coupled to a jack end of a jack member, the torsion spring (34) extending therebetween; an adjustment (25) means that can adjust the position of the connection point (26) along a point so as to adjust the tension of the torsion spring(34) (column 6, lines 1-10).
GB 2256522A does not disclose the specific use of a backstop.
JP 2017198721 discloses the use of a backstop (see the backstop adjustment means in figures 2 and 3, drawing description paragraph 003).
However, it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the device as disclosed in GB 2256522A to include the backstop as disclosed in JP 2017198721 in order to provide an adjustment means for a spring assembly in an upright piano.
Claims 28-42, 46, 49 and 50 are objected to as being dependent upon a rejected base claim, but would be allowable if the 35 USC 112 rejection is overcome and if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KIMBERLY R LOCKETT whose telephone number is (571)272-2067. The examiner can normally be reached 8:30-5:00 pm M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Dedei Hammond can be reached at 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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/KIMBERLY R LOCKETT/ Primary Examiner, Art Unit 2837
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