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 subject matter of this application admits of illustration by a drawing to facilitate understanding of the invention. Applicant is required to furnish a drawing under 37 CFR 1.81(c). No new matter may be introduced in the required drawing. 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).
Claim Objections
Claims 1-3 objected to because of the following informalities:
The dashes and parenthesis must be removed from the claims.
Dependent claims cannot depend from a section of the claim, for example 1”c”. 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 1-3 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.
The following phrases are vague and fail to disclose the applicant’s invention: phrases “that is designed to be comfortable while snug enough to keep it in a specific orientation”, “at a particular point”, “a way to wear the bracelet..”, “a way to wear the bracelet, a way for the pick to be dropped so it stays out of the way for playing the guitar without it, and a method of retrieving it”, “which accommodates the player’s size and preference, “generally lines up to”, “that is meant to”, “A correct way to drop the pick so that it hangs out of the way”, “The way to maneuver the pick from the dropped position back to being held”, “beyond the context”, and “everyday context”.
Regarding claims 1-3, the phrase “intended use” of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
Claims 1-3 are replete with lack of antecedent informalities” “the context”, “The pick leash”, “the other end”, “the guitar”, “the player’s hand”, “The system”, “the player’s size”, “The location”, “the point”, “the section”, “the anchor point”, “the instrument”, “the way”, “the hand”, “is meant to…”,and “the dropped”.
Claims rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention. The claimed term “calibrated” is not found in the specification.
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 1-3 are rejected under 35 U.S.C. 103 as being unpatentable over Bortree in view of CN 207590169U.
As the applicant’s invention is best understood, Bortree discloses an ergonomic bracelet (140) with a guitar pick (170) on a tethering leash (150) that is designed to be worn normally beyond the context of playing, comprising: wristband of adjustable size (paragraph 0013), a pick leash that is stretchable (paragraph 0015), with one end fastened to a guitar pick (see figure 1) and the other end fastened to the wristband making the pick accessible.
Regarding claim 2, the pick as disclosed in Bortree can be oriented based on a player’s preference and the placement of the device on the wrist is based on a user’s preference.
Bortree does not disclose the use of a device that is lightweight.
However, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the device as disclosed in Bortree to include a band that is lightweight since band that are lightweight are conventional devices.
Bortree does not disclose a storage means.
CN 207590169U discloses the use of a bracelet system with a storage means on the wristband the enables the pick and to stowed.
It would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the device as disclosed in Bortree to include a band that is lightweight since band that are lightweight are conventional devices; and the use of a storage means in order to store the pick when it is not in use.
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.
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 at 571-270-7938. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/KIMBERLY R LOCKETT/ Primary Examiner, Art Unit 2837