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 .
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.
Claim 20 is 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 phrase “causing each child of the group of children to retrieve the respective at lease on drop chime provided to that child and thereafter to again drop the provided at least one drop chime in the predetermined sequence to play the desired melody again” is vague and fails to disclose the applicant’s invention. Causing a human to make a selection does not constitute a patentable invention.
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 9-18 are rejected under 35 U.S.C. 103 as being unpatentable over.
Goecking (DE 29500179 U1 )
Regarding claim 9, Goecking discloses a drop sound set, comprising: a plurality of balls (5); wherein each of the plurality of drop balls (5) is configured to emit a sound having a musical note when dropped onto a hard surface (the groove) such that when dropped in a pre-determined sequence the drop chimes play a desired melody (see paragraph 0005).
Goecking does not disclose the use of a chime.
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 Goecking to include a chime, since the use of chimes producing specific desired sounds in conventional and well known in the art.
Regarding claim 10-14, Goecking does not disclose specific hollow shapes or cross sections.
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 Goecking to specific hollow shapes and sounds since the use of hollow shapes and specific cross sections are a matter of design choice and are conventional and well known in the art.
Regarding claims 15-18 , Goecking does not disclose the specific use of indicia or colors.
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 Goecking to include a chime, since the use of chimes and percussion device with colors and indica is a well known means of teaching music.
Claims 1-8 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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/KIMBERLY R LOCKETT/Primary Examiner, Art Unit 2837
