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 5 and 6 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.
Claim 5 recites the limitation "the latching portion" in line 6. There is insufficient antecedent basis for this limitation in the claim, given there is no previous mention of a latching portion of the weight-accommodating portion, only a latched portion of the weight body.
Claim 6 recites the limitation "the latching protrusion" in lines 1-2. There is insufficient antecedent basis for this limitation in the claim, given there is no previous mention of a latching protrusion.
Further in claim 6, please clarify on which element (i.e. weight body or weight-accommodating portion) the latching protrusion resides.
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.
Claims 1 and 4-6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by the US patent application publication to Iwase (US 2014/0290464).
In terms of claim 1, Iwase teaches a key weight that is made of an elastic material and is mounted in a key (1) for a keyboard instrument by being inserted from outside into a weight-accommodating portion (7) formed in the key, comprising: a weight body portion (3) that is formed into a block shape; an elastically deformed portion (3, 3b) (see paragraphs [0031]-[0033]) that is formed on an insertion leading end of the weight body portion into the weight-accommodating portion, and is elastically deformed by a reaction force from a far- side wall surface of the weight-accommodating portion when the weight body portion in a state in contact with the far-side wall surface during mounting of the key weight is pushed into the weight-accommodating portion (see Figures 3A-C and paragraphs [0031]-[0033]); and a latched portion (3a) that is formed on a bottom side surface of the weight body portion and is latched with a bottom side wall (8a) of the weight-accommodating portion.
As for claim 4, Iwase teaches the elastically deformed portion includes: a flat portion (3b) having an upper surface formed flat, and a cavity portion (3a) formed below the flat portion such that the cavity portion horizontally extends through the key weight (see Figure 2).
As for claim 5, Iwase teaches a key (1) for a keyboard instrument, in which the key weight (3) according to claim 1 is mounted, wherein the key includes the weight-accommodating portion (7) having a hollow shape open downward (see Figures 1B and 3A-C), and wherein the bottom side wall of the weight-accommodating portion is formed with a latching portion (8a) which latches the latched portion of the key weight by supporting the latched portion from below in a state in which the key weight is accommodated in the weight- accommodating portion (see Figures 3A-C and paragraphs [0028] and [0031]-[0033]).
As for claim 6, Iwase teaches a key (1) according to claim 5, wherein during mounting of the key weight (3) in the weight-accommodating portion (7), when the elastically deformed portion of the key weight is brought into contact with the far-side wall surface of the weight-accommodating portion, a latching protrusion formed by a lower portion of the front deformable portion (3b) is located upward of the latched portion (3a) (see Figure 3A), whereas when the elastically deformed portion is deformed due to pushing of the key weight into the weight-accommodating portion, the latching protrusion is located downward of the latched portion (see Figure 3B).
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 2 and 3 are rejected under 35 U.S.C. 103 as being unpatentable over Iwase in view of that which is well-known in the art.
Iwase again teaches the elastically deformed front portion (3b) of the weight (3) formed by a protrusion shape (in comparison to the other parts (3a, 3c) of the weight (3)) (see Figure 2). Iwase however, shows the protruding part of the weight protruding forward and not upward as claimed, and further fails to disclose the specified shape.
Altering the direction of the protrusion, and all be it the shape, would have been obvious to one of ordinary skill in the art, at the time of the effective filing date, since it has been held by the courts that a change in shape or configuration, without any criticality, is nothing more than one of numerous shapes that one of ordinary skill in the art will find obvious to provide based on the suitability for the intended final application. See In re Dailey, 149 USPQ 47 (CCPA 1976). It appears that the disclosed device would perform equally well shaped as disclosed by Iwase, given both the claimed configuration and that of Iwase allow for an elastically deformed portion of a weight to be inserted and latched into a weight-accommodating portion of a key. Iwase further teaches alternative weight shapes and configurations (see Figures 4A-C), thus showing that altering the configuration or shape of the weight is a mere design choice.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Please see the Notice of References Cited provided by the Examiner.
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/CHRISTINA M SCHREIBER/Primary Examiner, Art Unit 2837 06/26/2026
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