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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description:
In paragraphs [0031], [0034] and [0035], reference number 215 is mentioned, but fails to appear in the Drawings.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description:
In Figure 3, reference number 262 is shown, but fails to be mentioned in the Specification.
Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities:
In paragraph [0030], hole 280 is recited as shown on plate 230. In Figure 3 however, hole 280 is shown on plate 220.
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.
Claims 1-24 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.
In terms of independent claims 1, 16 and 23, and throughout the dependent claims, the main indefiniteness lies in what the Applicant deems as the hub and extension. Given these terms are not used within the Specification, it is unclear what the Applicant deems as these elements. Possibilities include the hub as 200 and the extension as 300, or the actuator body (also not specifically defined in the Specification) as 200 and the hub and extension as differing parts of the plates (210, 220, 230) not specifically addressed in the Specification or labeled in the Drawings.
Please provide clarification, given these elements are vital to the inventiveness and understanding of the present invention.
Claim 3, the recitation that the sensor is an encoder is not supported by the Specification. There is no mention of the sensor as an encoder in the disclosure.
A similar rejection can be made in claim 21.
Claim 4, the recitation that the unknown extension is an arcuate extension is not supported in the Specification, and given it is unclear what element is deemed the extension it is unknown whether such extension is shown as an arcuate extension in the drawings.
Claim 9, the recitation that the chassis limits an extent of rotation is not supported in the Specification. The Specification instead recites that the flat surfaces 209 of element 200 (hub or actuator body?) limit rotation (see paragraph [36] of the Specification).
A similar rejection can be made in claim 19.
Claim 10, the recitation that the pivotable connection pivotably connects the hub and string instrument body is not supported in the Specification or Drawings. Such a connection is not shown or disclosed. A pivotable connection between the hub and chassis appears to be shown, but no direct pivotable connection between the hub and instrument body is disclosed or shown.
The remaining claims, not specifically addressed depend from and therefore include, the rejected limitations outlined above.
Allowable Subject Matter
Claims 1-24 may be allowable, for similar reasons as outlined in parent application 16/993586, if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Once a better understanding of the present invention is received, a further search and consideration of the prior art will be conducted.
Presently, the closest prior art of record are the US patent application publication to Deck (US 2012/0318117) (Deck shows a portion disposed within the string instrument body decreased when rotated (see Figures 5A-C), but fails to show the portion within the body increased), and the US patent to Cardozo (9,502,010) (Cardozo shows a pivotable connection as claimed, however such connection is not at least partially disposed within the string instrument body (see Figures 3 and 4)).
Other references of note, are the US patents to Deck (8,796,524), Whittall (6,415,584), Rose (4,967,631) and Fender (2,741,146), and the US patent application publication to Walker (US2018/0247618).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Christina Schreiber whose telephone number is (571)272-4350. The examiner can normally be reached M-F 7-4 PM.
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/CHRISTINA M SCHREIBER/Primary Examiner, Art Unit 2837 11/14/2025