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 drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “202” in fig. 1E has been used to designate both the acoustic resonator and the supports for the “specialized stops 208”. If the applicant considers the acoustic resonator structure a single piece including the supports, a single reference character is sufficient to designate the entire acoustic resonator structure including the supports for the stops and the ambiguous label can be removed from the figure. However, it is unclear to the examiner from the drawings presented whether these are the same or different structures.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. 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). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claims 1 and 6 objected to because of the following informalities:
The claims use (i) and (ii) to denote further conditions regarding the chime bar. Items in parentheses in a claim are used to denote reference characters which appear in the drawings. Additionally, based on the reading of the claims, the parenthetical notation is unnecessary.
The following is an excerpt from the Manual for Patent Examining Procedures (MPEP) § 608.01(m):
608.01(m) Form of Claims [R-10.2019]
“Where a claim sets forth a plurality of elements or steps, each element or step of the claim should be separated by a line indentation, 37 CFR 1.75(i).
There may be plural indentations to further segregate subcombinations or related steps. In general, the printed patent copies will follow the format used but printing difficulties or expense may prevent the duplication of unduly complex claim formats.
Reference characters corresponding to elements recited in the detailed description and the drawings may be used in conjunction with the recitation of the same element or group of elements in the claims. The reference characters, however, should be enclosed within parentheses so as to avoid confusion with other numbers or characters which may appear in the claims. Generally, the presence or absence of such reference characters does not affect the scope of a claim.”
(Emphasis added by the examiner.)
Appropriate correction is required.
Claim Interpretation
The term “crescent tops” (claims 3 and 10) is being interpreted to mean “the crescent moon geometry of the upper shock-absorbing mounts” in accordance with para. [0046] of the specification.
The terms “short dimension” (claim 4) and “long dimension” (claim 5), as well as the designation of the claimed dimensions (claim 7), are being interpreted in accordance with para. [0040] of the specification, which states “In some embodiments, the chime bar 300 has a length L (e.g., the long dimension) that is no greater than 147 mm, a height H (e.g., the short dimension) that is no greater than 38 mm, and a width W (e.g., the thickness) that is no greater than 3.1 mm.”
The term “B4 note” (claim 9) is being interpreted to mean “to produce sound around 493.883 Hz or to produce sound within the range of 491 Hz – 495 Hz” in accordance with para. [0042] of the specification.
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.
Claims 1-12 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
The term “behind” in claim 1, ln. 6 is a relative term which renders the claim indefinite. The term “behind” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
The claims of this application are directed to an electromechanical chime mechanism comprising a solenoid, chime bar, and resonator, with no further external structure recited. Based on the operation principles of solenoids, the mechanism is foreseeably operable in any orientation, with or without said further external structure. Thus, the relative term “behind”, lacking a specified orientation for the mechanism or external structure, is rendered indefinite. A potential solution to remedy this indefiniteness would be to replace the term “behind” with the term “opposite” (i.e.- in a position directly facing), which would overcome this rejection.
Allowable Subject Matter
Claims 1-12 would be allowable if rewritten or amended to overcome the rejection under 35 U.S.C. 112(b) set forth in this Office action.
Claims 13-14 are allowed.
The following is an examiner’s statement of reasons for allowance:
No prior art was found wherein a chime bar comprises a plurality of rectangular undercuts wherein the undercuts are provided at locations along the length of the bar which correspond to vibrational node points of the fundamental frequency of the chime bar when struck.
The closest prior art includes: Nakano (US 5686679, hereinafter Nakano)
Nakano discloses various embodiments of chime bars for a musical instrument comprising undercuts at various points along the length of the bar. Nakano fails to teach or suggest “a plurality of rectangular undercuts”, “a first position along a long dimension of the chime bar corresponds to a first node of a fundamental frequency and a second position along the long dimension of the chime bar corresponds to a second node of the fundamental frequency”, or “the plurality of rectangular undercuts includes a first undercut located at the first position and a second undercut located at the second position”. The profile of Nakano’s undercuts is not rectangular, instead being rounded at the ends of the undercut portion. Additionally, the undercuts are not provided at the nodal points of the fundamental frequency of the chime bar. Instead, Nakano discloses through-holes (N1 and N2) provided at the first and second node points for mounting the chime bars.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Conville, et al. (US 3982237) - Discloses a solenoid operated chime mechanism for a doorbell comprising acoustic resonators opposite the chime bar and solenoids perpendicular to the chime bar. However, Conville fails to teach rectangular undercuts and the strikers for the chime are not located inside the acoustic resonator.
McEvoy (US 2810123) - Discloses a solenoid operated chime mechanism for a doorbell comprising acoustic resonators opposite the chime bar, solenoids perpendicular to the chime bar, and strikers which strike the chime bar from the same side as the acoustic resonator. However, McEvoy fails to teach rectangular undercuts, and while the strikers pass through the resonator, the solenoid mechanism is not located within the acoustic resonator.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL J WALKER whose telephone number is (571)270-7599. The examiner can normally be reached from 8:00 AM - 4:00 PM ET Monday through Friday.
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, Renee Luebke can be reached at (571)272-2009. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHAEL JAMES WALKER/Examiner, Art Unit 2831
/EDWIN A. LEON/Primary Examiner, Art Unit 2831
