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 specification is objected to because of the following informalities: (1) “third terminal 113c” in the description of volume control112 should be changed to –third terminal 112c--.
Claim Rejections - 35 USC § 102
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.
Claims 1-5 and 19-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US4164163 (Rhodes), hereinafter US’163.
Regarding claim 1. A circuit of a guitar for providing variable pickup technology (US’163, Fig. 3 contains treble pickup 4 and bass pickup 6, col. 2, lines 3-4: “FIG. 3 shows the entire circuit which is typical of one which is to be deployed in an electric guitar”, the circuit comprising:
a first humbucker pickup having a first coil and a second coil (US’163, col. , lines : element 10 as “a pair of inductive coils connected in a series”; Fig. 2 pickup operates as a “full double coil pickup” analogous to the humbucking circuit and humbucking characteristic of the double-coil pickup; Fig. 3’s upper pickup substantially depicts. Fig. 2);
a first variable pickup control comprising a first variable resistor (US’163, Fig. 2 provides variable potentiometer TC1; TC1 a “variable potentiometer”) to which ends of the first and second coils of the first humbucker pickup are connected (US’163, “the variable potentiometer TC1 of FIG. 2 is connected to the pair of coils at a center tap 5”; the pair of coils are series connected, so center tap 5 is the junction formed by an end of each coil).
wherein a first electrical signal generated by the first humbucker pickup is altered by the first variable pickup control based on a value of the first variable resistor (US’163, col. 1, lines 63-68 & col. 2, lines 1-2:Fig. 2: when TC1 is at one position “the pickup operates as full double coil pickup”; as the potentiometer is moved, “the resonant frequency gradually increases as one coil of the pickup is progressively grounded out”); (US’163, col. 1, lines 63-68 & col. 2, lines 1-2: as TC1 is moved, “the resonant frequency gradually increases as one coil of the pickup is progressively grounded out”)
a second humbucker pickup having a first coil and a second coil (US’163, col. 2, lines 13-19: Fig. 3 provides treble pickup 4 and bass pickup 6; the top and bottom portions of Fig. 3 each substantially depict the circuit element shown in Fig. 2);
and a second variable pickup control comprising a second variable resistor (US’163, col. 2, lines 14-19:Fig. 3: the top and bottom portions “each substantially depict the circuit element shown in FIG. 2” with separate volume controls V1/V2 added; Because Fig. 2 contains variable potentiometer TC1 connected to the humbucker center tap, Fig. 3 duplicates that variable pickup-control arrangement for pickups 4 and 6) to which ends of the first and second coils of the second humbucker pickup are connected (US’163, Figs. 2-3:Fig. 2 connects TC1 to the center tap 5 between the pair of series-connected coils; Fig. 3 duplicates substantially the Fig. 2 circuit for the second pickup (col. 1, lines 58-60)),
wherein a second electrical signal generated by the second humbucker pickup is altered by the second variable pickup control based on a value of the second variable resistor (US’163, Figs. 2-3: each Fig. 3 pickup substantially employs the Fig. 2 circuit, where adjustment of TC1 progressively grounds one coil and changes resonant frequency (col. 1, lines 61-68 & col. 2, lines 1-2); col. 1, lines 58-60: high frequencies are permitted normally associated with single-coil pickups while retaining hum cancellation except at the extreme setting).
Regarding claim 2, US’163 discloses ‘The circuit of claim 1, as discussed above.
US’163 further discloses ‘wherein the first variable resistor (US’163, col. 1, lines 53-68 to col. 2, lines 1-28:Fig. 2 identifies variable potentiometer TC1; movement of TC1 between 2 and 3) connects the ends of the first and second coils of the first humbucker pickup (US’163, col. , lines 59-60:” the variable potentiometer TCl of FIG. 2 is connected to the pair of coils at a center tap 5; the two coils are connected in series, making center tap 5 the common junction/end connection of the two coils) to ground US’163, col. 1, line 68 to col. 2, lines 1-2: moving TC1 toward the treble position causes the resonant frequency to gradually increase “as one coil of the pickup is progressively grounded out”; the left-hand coil as the coil being grounded out).
Regarding claim 3, US’163 discloses ‘The circuit of claim 2, as discussed above.
US’163 further discloses ‘wherein the second variable resistor connects the ends of the first and second coils of the second humbucker pickup to ground (US’163, col. 2, lines 13-19, Fig. 3, bass pickup 6, where the bottom portion of Fig. 3 substantially depicts the Fig. 2 circuit; Fig. 2, variable potentiometer TC1 connected to the pair of series-connected coils 10 at center tap 5, where adjustment of TC1 progressively grounds out one coil).
Regarding claim 4, US’163 discloses ‘The circuit of claim 3, as discussed above.
US’163 further discloses ‘wherein a start of the first coil of the first humbucker pickup and a start of the second coil of the second humbucker pickup are connected to ground (US’163, col. 2, lines 13-19: Fig. 3, treble pickup 4 and bass pickup 6, showing respective outer terminals of oppositely oriented coils connected to ground, col. 1, lines 53-68 to col. 2, lines 1-28; Fig. 2, series-connected coils 10 having their inner ends joined at center tap 5 and an opposite outer coil end connected to ground).
Regarding claim 5, US’163 discloses ‘The circuit of claim 4, as discussed above.
US’163 further discloses ‘further comprising: a pickup selector, wherein a start of the second coil of the first humbucker pickup and a start of the first coil of the second humbucker pickup are connected to inputs of the pickup selector (US’163, col. 2, lines 13-19:Fig. 3, three-position double-pole double-throw pickup selector switch 8 coupled to treble pickup 4 and bass pickup 6; switch 8 “serves as a pickup selector switch”).
Regarding claim 19, US’163 discloses ‘A circuit of a guitar for providing variable pickup technology, the circuit comprising (US’163, col. 2, lines 3-4: Fig. 3: “the entire circuit which is typical of one which is to be deployed in an electric guitar”):
US’163 discloses ‘a first humbucker pickup having a first coil and a second coil, the first coil having a start and an end, the second coil having a start and an end (US’163, Fig, 2, col. 1, lines 53: a pair of inductive coils 10 connected in series at the full-bass position; col. 1, line 63: the circuit provides the “full double coil pickup”);
and a first variable pickup control comprising a first variable resistor to which the ends of the first and second coils of the first humbucker pickup are connected (US’163, col. 1, lines 53-68 to col. 2, lines 1-28: Fig. 2 depicts each coil having two respective terminals; their adjacent terminals are joined at center tap 5, while their opposite terminals respectively extend to ground and the pickup output);
wherein the start of the first coil is connected to ground (US’163, col. 1, col. 1, lines 53-68 to col. 2, lines 1-28: Fig. 2 depicts the opposite/outside terminal of one coil connected to ground; adjustment TC1 results in that coil being progressively grounded out);
wherein the start of the second coil is connected to an output of the guitar (US’163, col. 1, lines 53-68 to col. 2, lines 1-28: Fig. 2 depicts the opposite/outside terminal of the other coil on the pickup-output side of the circuit; Fig. 3 incorporates that pickup arrangement into the complete electric-guitar circuit) and a first electrical signal at the start of the second coil is altered by the first variable pickup control based on a value of the first variable resistor (US’163, col. 1, lines 53-68 to col. 2, lines 1-28when TC1 is at one position the full double-coil pickup operates and as the potentiometer is moved, “the resonant frequency increases” as one coil is progressively grounded out).
Regarding claim 20, US’163 discloses ‘The circuit of claim 19, as discussed above.
US’163 further discloses ‘further comprising: a volume control (US’163, col. 2, lines 13-19: Fig. 3, the upper and lower portions substantially depict Fig. 2 “with the exception of volume controls V1 and V2 respectively associated with the treble and bass pickups”);
and a tone control (US’163, col. 2, lines 13-19:TC1 is the tone-control/variable-potentiometer arrangement associated with pickup 4);
wherein the first electrical signal is subject to the volume control and the tone control (US’163, col. 2, lines 13-19:Fig. 3 places the first/treble pickup signal within the circuit containing TC1 and V1; V1 as associated with the treble pickup and TC1 as varying the pickup response).
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.
Claims 6-10 and 14-18 are rejected under 35 U.S.C. 103 as being unpatentable over US’163 in view of US20210151022 (Hoover), hereinafter US’022.
Regarding claim 6, US’163 discloses ‘The circuit of claim 5, as discussed above.
US’163 does not expressly disclose ‘further comprising: a volume control, wherein an output of the pickup selector is connected to an input of the volume control.
However, US’022 discloses ‘further comprising: a volume control (US’022, Fig. 1A/1B identifies volume control 118), wherein an output of the pickup selector is connected to an input of the volume control (US’022, [0013]: pickup selector 120 selects the pickup(s), after which “the pickup signal is routed to volume control 118” and then output jack 126).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the circuit of US’163 such that the output of pickup selector 8 is connected to a common volume control, as taught by US’022, to enable the output level of the selected pickup or combination of pickups to be adjusted using common volume control.
Regarding claim 7, US’163 (in view of US’022) discloses ‘The circuit of claim 6, as discussed above.
US’163 (in view of US’022) further discloses ‘further comprising: a tone control, wherein the output of the pickup selector is connected to an input of the tone control (US’022, Fig. 1B; ¶¶[0013]-[0016], pickup selector 120 comprising switch sections 120A and 120B, wherein section 120A selects the pickup signal and section 120B selectively connects tone control 116 or 117 into the selected pickup signal circuit; ¶[0014]: tone control 117 selected when pickups 106 and 108 are selected).
Regarding claim 8, US’163 (in view of US’022) discloses ‘The circuit of claim 4, as discussed above.
US’163 further discloses ‘further comprising: a first volume control forming a first voltage divider for the first electrical signal output at a start of the second coil of the first humbucker pickup (US’163, col. 2, lines 13-19: Fig. 3, volume control V1 respectively associated with treble pickup 4, V1 being configured as a potentiometer between the pickup signal and ground with its wiper providing the volume-controlled output); and a second volume control forming a second voltage divider for the second electrical signal output at a start of the first coil of the second humbucker pickup (US’163, col. 2, lines 13-19:Fig. 3, volume control V2 respectively associated with bass pickup 6, V2 being configured as a potentiometer between the pickup signal and ground with its wiper providing the volume-controlled output).
Regarding claim 9, US’163 (in view of US’022) discloses ‘The circuit of claim 8, as discussed above.
US’163 further discloses ‘further comprising: a pickup selector for selecting either or both the first or second electrical signals (US’163, col. 2, lines 13-19:Fig. 3, three-position double-pole, double-throw pickup selector switch 8 receiving the respective signals from treble pickup 4 and bass pickup 6; switch 8 “serves as a pickup selector switch” whereby “either pickup may be utilized, or bother of them together may be utilized”).
Regarding claim 10, US’163 (in view of US’022) discloses ‘The circuit of claim 9, as discussed above.
US’163 further discloses ‘further comprising: a tone control [associated with pickups] (US’163, Fig. 3, TC1/C1 and TC2/C2).
US’163 does not expressly disclose ‘further comprising: a tone control connected to an output of the pickup selector.
However, US’022 discloses further comprising: a tone control connected to an output of the pickup selector (US’022, Fig. 1B; ¶¶[0013]-[0016]: pickup selector 120 having switch sections 120A/120B for selecting pickup signals and selectively connecting tone controls 116/117 into the selected pickup signal circuit).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the circuit of US’163 to connect the tone control to the output of the pickup selector, as taught by US’022, so that the tone control operates on the selected pickup signal or combination of pickup signals, thereby providing greater flexibility in controlling the tonal qualities of the selected output.
Regarding claim 14, US’163 discloses ‘A guitar (US’163, col. 1, line 52 :guitar) comprising:
a neck (US’163, col. 1, col. 2, lines 7-10: pickup 4 is positioned “remote from the neck of the guitar” and pickup 6 “would be deployed closer to the neck”);
strings (US’163, col. 2, line 7: pickup 4 is positioned at the “terminal portion of the string”; the humbucking pickup is positioned in close proximity to the strings);
a first humbucker pickup having a first coil and a second coil (col. 1, lines 53-68 to col. 2, lines 1-28);
a first volume control (US’163, col. 2, lines 13-19: Fig. 3: V1; volume controls V1 and V2, respectively associated with treble and bass pickups);
and a first variable pickup control comprising a first variable resistor to which ends of the first and second coils of the first humbucker pickup are connected (US’163, Fig. 2:”variable potentiometer TC1 is connected to the pair of coils 10 at center tap 5”; Fig. 3 incorporate substantially the Fig. 2 arrangement into pickup 4),
wherein a first electrical signal generated by the first humbucker pickup and output at the jack is altered by the first variable pickup control based on a value of the first variable resistor (US’163, col. 1, lines 53-68 to col. 2, lines 1-28: moving TC1 causes “the resonant frequency of the circuit increased as one of the coils is progressively grounded out”).
US’163 does not expressly disclose ‘a main body; a first tone control; a jack;
However, US’022 discloses ‘a main body (US’022, ¶[0020]: Fig. 1D is the front view of a Gibson Les Paul electric guitar; Fig. 2A: guitar body 100);
a first tone control (US’022, Fig. 1E, ¶[0020]: “Tone control 135 adjusts the tone of bridge pickup 131”);
a jack (US’022, ¶[0020]:“FIG. 1E shows the electrical schematic of the pickups, controls, and output jack”);
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to implement the variable pickup circuit of US’163 in the electric-guitar configuration taught by US’022, including the guitar body, separate tone control, and output jack, to permit adjustment of the tone of the pickup signal and output of the resulting electrical signal from the guitar.
Regarding claim 15, (US’163 in view of US’022) discloses ‘The guitar of claim 14, as discussed above.
US’163 (in view of US’022) further discloses ‘further comprising: a second humbucker pickup having a first coil and a second coil (US’163, col. 2, lines 13-19: Fig. 3, bass pickup 6, the bottom portion of Fig. 3 substantially depicting the Fig. 2 circuit element comprising the pair of series-connected coils 10);
and a second variable pickup control comprising a second variable resistor to which ends of the first and second coils of the second humbucker pickup are connected (US’163, Figs. 2-3, the variable potentiometer associated with bass pickup 6 being connected at the center tap/common ends of the pair of series-connected coils),
wherein a second electrical signal generated by the second humbucker pickup and output at the jack (output jack inherited from claim 14) is altered by the second variable pickup control based on a value of the second variable resistor (US’163, , col. 1, lines 53-68 to col. 2, lines 1-28, the operation of the Fig. 2 variable control: at one position the circuit operates as the full double-coil pickup, while movement of the variable potentiometer causes the resonant frequency to increase as one coil is “progressively grounded out”).
Regarding claim 16, (US’163 in view of US’022) discloses ‘The guitar of claim 15, as discussed above.
(US’163 in view of US’022) further discloses ‘wherein the first volume control and the first tone control are configured to alter the first electrical signal and the second electrical signal (US’022, Fig. 1B, ¶¶[0013]-[0016]: pickup selector 120 selectively routing the pickup signals through the guitar control circuitry, including volume control 118 and the tone-control circuitry, such that the respective selected pickup signals are subject to volume and tone adjustment).
Regarding claim 17, (US’163 in view of US’022) discloses ‘The guitar of claim 15, as discussed above.
US’163 further discloses ‘wherein the first volume control is configured to alter the first electrical signal (US’163, col. 2, lines 1-28: the upper and lower portions of Fig. 3 substantially depict the Fig. 2 circuit, “with the exception of volume controls V1 and V2 respectively associated with the treble and bass pickups”), the guitar further comprising: a second volume control that is configured to alter the second electrical signal (US’163, col. 2, lines 1-28Fig. 3, V1 and V2 respectively associated with the treble and bass pickups).
Regarding claim 18, (US’163 in view of US’022) discloses ‘The guitar of claim 17, as discussed above.
(US’163 in view of US’022) further discloses ‘wherein the first tone control is configured to alter the first electrical signal, the guitar further comprising: a second tone control that is configured to alter the second electrical signal (US’022, ¶[0013]:Fig. 1B; tone controls 116 and 117, selectively coupled by pickup-selector section 120B to provide tone adjustment of the respective selected pickup signals).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over US’163 in view of US11276381 (Ellis), hereinafter US’381.
Regarding claim 11, US’163 discloses ‘The circuit of claim 1, as discussed above.
US’163 does not expressly disclose ‘wherein the first coil of the first humbucker pickup is a south coil and the first coil of the second humbucker pickup is a south coil.
However, US’381 discloses ‘wherein the first coil of the first humbucker pickup is a south coil (US’381, col. 4, lines 30-33: two-pickup configuration “a two-pickup version is provided with a double coil (North coil and South coil) pickup for the neck 101 and a double coil (North coil and South coil) pickup for the bridge 102”; col. 3, lines 32-33:“the start wire for the South coil 101b of the double coil pickup for the neck 101”) and the first coil of the second humbucker pickup is a south coil (US’381, Fig. 1 identifies bridge pickup 102 as a double-coil pickup having a North and South coil; Fig. 2A, col. 3, lines 28-30:“a double coil (North coil and South coil) pickup for the neck 101 and a double coil (North coil and South coil) pickup for the bridge 102”; col. 3, lines 39-41: “the start wire for the South coil 102b of the double coil pickup for the bridge 102”).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to configure each double-coil pickup of US’163 with a north coil and a south coil, as taught by US’381, to provide the double-coil humbucker configuration and permit selection of the tonal characteristics of the respective North or South coil.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over US’163.
Regarding claim 12, US’163 discloses ‘The circuit of claim 1, as discussed above.
US’163 further discloses first and second humbucker pickups 4 and 6, each having two coils and an associated variable pickup control (Fig. 3);(col. 1, lines 58-68 to col. 2, lines 1-28) the upper and lower portions of Fig. 3 each substantially depict the Fig. 2 arrangement; in Fig. 2 a pair of series-connected coils 10 having variable potentiometer TC1 connected at center tap 5, whereby varying TC1 progressively grounds out one coil and changes the resonant frequency of the circuit.
US’163 does not expressly disclose ‘further comprising: a third humbucker pickup having a first coil and a second coil; and a third variable pickup control comprising a third variable resistor to which ends of the first and second coils of the third humbucker pickup are connected, wherein a third electrical signal generated by the third humbucker pickup is altered by the third variable pickup control based on a value of the third variable resistor.
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to duplicate US’163 disclosed pickup and associated variable-potentiometer arrangement to provide a third pickup having the same variable tonal control, since mere duplication of parts has been held to be an obvious design choice where the duplicated elements perform the same function and yield the predictable result of an additional such element. Such modification would further provide the musician with the “greater flexibility” in tonal qualities.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over US’163 in view of US5789691 (Stitch), hereinafter US’691.
Regarding claim 13, US’163 discloses ‘The circuit of claim 1, as discussed above.
US’163 further discloses ‘wherein the first variable resistor and the second variable resistor (US’163, Fig. 3 provides respective variable tone potentiometers for pickups 4 and 6; col. 2, lines 13-19: the upper and lower portions substantially depict the Fig. 2 arrangement) are each a … rheostat (US’163, col. 1, lines 53-68 to col. 2, lines 1-28: Fig. 2, variable potentiometer TC1 is connected at center tap 5 and varied to progressively ground out one coil).
US’163 does not expressly disclose‘… 100k ohm ...
However, US’691 discloses ‘… 100k ohm ... (US’691, Fig. 7, col. 9, lines 50-59:”This variable resistor should be capable of varying over the range from 0 ohms up to 100K ohms”; a fixed resistor may be in the 5K-100K ohm range and increasing resistance reduces eddy currents and permits control over the coil segment and resonant peaks)
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to configure each variable potentiometer of US’163 to vary over a range from 0 ohms to 100 k[Symbol font/0x57], as taught by US’691, to control the coil response by reducing counter-EMF and shifting the resonant peaks of the reproduced sound.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US8940993 (Micek) teaches onboard, real-time blending of multiple electric-guitar pickups to selectively combine pickup signals and provide a range of tonal combinations.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NICOLE K GILLESPIE whose telephone number is (571)482-4187. The examiner can normally be reached Monday-Friday 7:30-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Dedei K Hammond can be reached at (571)270-3819. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NICOLE K GILLESPIE/Examiner, Art Unit 2837
/DEDEI K HAMMOND/Supervisory Patent Examiner, Art Unit 2837
