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 1-16 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 claims recite unclear and redundant functional limitations regarding the music module and electronic unit. For example, claim 1 fails to clearly define whether the “music module” and the electronic unit” are the same or different components, and it is unclear which component is responsible for playing the recited “at least two pieces of music”. Further, it is unclear whether the recited limitation “at least two pieces of music” refers to distinct songs, musical portions, or other audio segments.
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 1-8, 11-12 and 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Timm (US 8,309,831).
Regarding claim 1, Timm (figs. 1-7) discloses a device (capable of storing everyday objects such as, a jewelry box or a treasure chest), comprising:
a base body 26 comprises at least one storage space 46, wherein the base body 26 comprises at least one base body opening;
a closure body 28 for closing the at least one base body opening, wherein there is at least one music module 24 with at least one loudspeaker 94 capable of playing at least two pieces of music on the base body 26, and
an electronic unit 76 which plays at least two pieces of music.
Regarding claim 2, Timm further discloses electronic unit 76 is designed to play at least two pieces of music if the closure body 28 is at least partially distanced from the base body opening (col. 5, lines 59-67).
Regarding claims 3-4, Timm further discloses at least one light sensor 90 wherein, with the aid of least one sensor 90, the electronic unit detects that the closure body 28 is at least partially distanced from the base body opening(col. 5, lines 59-67).
Regarding claim 5, Timm further discloses the closure body 28 being a hinged closure lid which is connected to the base body 26 on one side of the closure lid (fig. 1).
Regarding claim 6, Timm further discloses a display or photograph being arranged on the closure lid (col. 3, lines15-17).
Regarding claim 7, Timm further discloses at least one storage device in which at least two pieces of music can be stored, wherein at least one storage device is connected to the electronic unit 76 for the exchange of music data (col. 1, lines 41-44).
Regarding claim 8, Timm further discloses the at least one storage device comprises a memory-card receptacle for holding an external memory card (col. 6, lines 10-29).
Regarding claim 11, Timm further discloses a power supply 64 which is connected to the electronic unit, wherein the power supply is capable of being connected to an external power supply (fig. 7).
Regarding claim 12, it is noted that the power supply 64 of Timm is capable of being connected to an external power supply by means of a USB port (fig. 7).
Regarding claim 16, Timm (figs. 1-7) discloses a music module for a jewelry box, comprising at least one loudspeaker 94 for playing at least one piece of music and with an electronic unit 76 playing at least two pieces of music.
Claims 1 and 9-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Song (US 2001/0011495).
Regarding claim 1, Song (figs. 1-3) discloses a device (capable of storing everyday objects such as, a jewelry box or a treasure chest), comprising:
a base body 14 comprises at least one storage space 18, wherein the base body 14 comprises at least one base body opening;
a closure body 12 for closing the at least one base body opening, wherein there is at least one music module 100 with at least one loudspeaker 120 capable of playing at least two pieces of music on the base body 14, and
an electronic unit 112 which plays at least two pieces of music.
Regarding claim 9, Song further discloses an operating device 116 by means of which at least two pieces of music can be selected (fig. 2).
Regarding claim 10, Song further discloses a button 114 used to adjust the volume (fig. 2).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Timm (US 8,309,831) in view of Herber (US6,468,126).
Regarding claim 15, Timm discloses all elements of the claimed invention except for a motor for actuating a toy figure, one that is removable arranged on or in the base body, wherein the electronic unit is designed to activate the motor if the closure body is at least partially distanced from the base-body opening.
However, Herber teaches a pop-up toy activated by a motor (fig. 3).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed, to provide the device of Timm a pop-up toy, as taught by Herber, to enhance visual appeal and user enjoyment.
Claims 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over Timm (US 8,309,831) in view of Walker (US 2008/0247278).
Regarding claims 13 and 14, Timm discloses all elements of the claimed invention as applied to claim 1 above, but fails to disclose a WLAN module and a Bluetooth module which is connected to the electronic unit.
However, Walker teaches a housing 200 having a having electrical and software components such as WLSN and Bluetooth (paragraph 0048).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed, to incorporate Bluethooth and WLAN into the jewelry box of Tim, as taught by Walker, to enable wireless control and interacted with external devices.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BLAINE GIRMA NEWAY whose telephone number is (571)270-5275. The examiner can normally be reached Monday - Friday 9:00 AM- 5:00PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anthony Stashick can be reached at 571-272-4561. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BLAINE G NEWAY/Examiner, Art Unit 3735
/Anthony D Stashick/Supervisory Patent Examiner, Art Unit 3735