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 12-16 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.
Claim 5 recites the limitation "the first finger node". There is insufficient antecedent basis for this limitation in the claim.
Claims 12-16 recite the phrase selecting an off the shelf plectrum. Selecting an existing tproduct from a shelf is vague and indefinite and is not a patentable invention. The act of choosing or selecting a product does not constitute a new, useful and non obvious invention. Correction is required.
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, 2, 3, 6, and 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over Kelly (US6949700A) in view of Holcomb (US 20190304414 A1).
Regarding claim 1, Kelly finger node for customizing a plectrum comprising; a cradle adapted to hold a finger; and at least one plectrum engager adapted to mate with an engagement socket (40) of a plectrum (column 1, lines 59-62).
Kelly does not disclose the use of a cradle.
Holcomb discloses the use of a cradle (135) adapted to hold a finger.
It would have been obvious to one of ordinary skill in the art prior to the effective filing date to modify the device as disclosed in Kelly to include the cradle as disclosed in Holcomb in order to provide a gripping surface for a finger.
Regarding claim 2, Kelly and Holcomb do not disclose a non circular and non rotatable means.
However, it would have been obvious to one of ordinary skill in the art prior to the effective filing date to modify the device as disclosed in Kelly to include the cradle as disclosed in Holcomb, and a specific shape and non rotating means since specific shapes are well known in the art, as a rotating and non rotating means based on a user’s need.
Regarding claim 3, Kelly and Holcomb do not disclose a star shaped key.
However, it would have been obvious to one of ordinary skill in the art prior to the effective filing date to modify the device as disclosed in Kelly to include the star shape as recited by the applicant since it has been held that the shape of a device was a matter of choice which a person or ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed device was significant, the claimed device was not patentably distinct from the prior art device.
Regarding claim 6, Holcomb has a finger node with a planar joining face wherein an plectrum engager extends outward from the joining face (see the planar face on the back of the pick in figure 2D).
Regarding claims 17 and 20, Kelly do not disclose the specific use of a method.
However It would have been obvious to one of ordinary skill in the art prior to the effective filing date to modify the device as disclosed in Kelly to include the cradle as disclosed in Holcomb, and a design that includes determining a cradle size and angle, providing a node having the cradle size and angle, the at least one node adapted to be attached to a preferred plectrum base.
Regadin claim 19, Kelly and Holcomb do not disclose the specific use of a tool.
However It would have been obvious to one of ordinary skill in the art prior to the effective filing date to modify the device as disclosed in Kelly to include the cradle as disclosed in Holcomb and the use of a tool to determine a preferred angle since the use of tools to determine angles is conventional and well known in the art.
Claims 4, 5, 7, and 12-16 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claims 8-11 are allowed.
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.
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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.
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/KIMBERLY R LOCKETT/Primary Examiner, Art Unit 2837
