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 § 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.
Claims 1, 3-8, 11-12 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Timm (US 8,309,831) in view of Vaught (US 5,345,153).
Regarding claims 1 and 16, Timm (figs. 1-7) discloses a device (capable of storing everyday objects, in particular, a jewelry box or a treasure chest) comprising:
a base body 26 comprising at least one storage space 46 and at least one base-body opening 26,
a closure body 26 for closing the at least one base body-opening 26,
at least one music module 24, the at least one music module 24 comprising at least one loudspeaker 94 on the base body,
an electronic unit 76.
Timm fails to disclose:
the at least one loudspeaker 94 on the base body for converting audio signals of at least two music tracks into audible soundwaves, and
the electronic unit 76 which providing audio signals of the at least two music tracks to the at least one loudspeaker, and
a motor for actuating a toy figure, the motor arranged on or in the base body, wherein the electronic unit is designed to activate the motor when the closure body is at least partially distanced from the base-body opening, and wherein the motor causes the toy figure to rotate when the at least one loudspeaker emits audible soundwaves for one of the at least two music tracks.
However, Vaught teaches a closure activating audio signals of at least two music tracks into audible soundwaves, and
a motor for actuating a toy figure 46, the motor arranged in a base body, wherein an electronic unit is designed to activate the motor when the closure body is at least partially distanced from the base-body opening, and wherein the motor causes the toy figure to rotate when the at least one loudspeaker emits audible soundwaves for one of the at least two music tracks or melodies (fig. 1 and col. 1, lines 60-68).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed, to combine the electronic unit 76 of Timm with the lid-actuated pop-up display with at least two music tracks or melodies, as taught by Vaught, to provide enhancement in user experience.
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, the modified Timm further discloses at least one storage device in which at least two music tracks can be stored, wherein at least one storage device is connected to the electronic unit for the exchange of music data (col. 1, lines 41-44 of Vaught).
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 the modified Timm is capable of being connected to an external power supply by means of a USB port (fig. 7).
Claims 1 and 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Song (US 2001/0011495) in view of Vaught (US 5,345,153).
Regarding claim 1, Song (figs. 1-3) discloses a device (capable of storing everyday objects, in particular, a jewelry box or a treasure chest) comprising:
a base body 14 comprising at least one storage space 18 and at least one base-body opening,
a closure body 12 for closing the at least one base body-opening,
at least one music module 100, the at least one music module 100 comprising at least one loudspeaker 120 on the base body,
an electronic unit 112.
Song fails to disclose:
the at least one loudspeaker 94 on the base body for converting audio signals of at least two music tracks into audible soundwaves, and
the electronic unit 76 which providing audio signals of the at least two music tracks to the at least one loudspeaker, and
a motor for actuating a toy figure, the motor arranged on or in the base body, wherein the electronic unit is designed to activate the motor when the closure body is at least partially distanced from the base-body opening, and wherein the motor causes the toy figure to rotate when the at least one loudspeaker emits audible soundwaves for one of the at least two music tracks.
However, Vaught teaches a closure activating audio signals of at least two music tracks into audible soundwaves, and
a motor for actuating a toy figure 46, the motor arranged in a base body, wherein an electronic unit is designed to activate the motor when the closure body is at least partially distanced from the base-body opening, and wherein the motor causes the toy figure to rotate when the at least one loudspeaker emits audible soundwaves for one of the at least two music tracks or melodies (fig. 1 and col. 1, lines 60-68).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed, to combine the electronic unit 112 of Song with the lid-actuated pop-up display with at least two music tracks or melodies, as taught by Vaught, to provide enhancement in user experience.
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).
Claims 13 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Timm (US 8,309,831) in view of Vaught (US 5,345,153) as applied to claim 1 above, further in view of Walker (US 2008/0247278).
Regarding claims 13 and 14, the modified 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 the modified Timm, as taught by Walker, to enable wireless control and interacted with external devices.
Response to Arguments
Applicant’s arguments have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. While Timm and Song do not teach the newly added limitation, newly applied reference Vaught teaches the limitation added by amendment.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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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/BLAINE G NEWAY/Examiner, Art Unit 3735
/Anthony D Stashick/Supervisory Patent Examiner, Art Unit 3735
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