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 the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-8 and 10-15 rejected under 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph, as based on a disclosure which is not enabling. The disclosure does not enable one of ordinary skill in the art to practice the invention without a specific type of scanner, which is/are critical or essential to the practice of the invention but not included in the claim(s). See In re Mayhew, 527 F.2d 1229, 188 USPQ 356 (CCPA 1976).
With respect to claims 1-8 and 10-15, the limitation “a scanner” fails to disclose what type of scanner it is. The specification discloses that one embodiment contains a laser scanner (P.0086) but fails to disclose any other types of scanners. The term “scanner” is so broad that one of ordinary skill in the art without knowing what category of scanner is being used would not be able to make or use the invention. Different types of scanners require materially different structures and processing. The specification does not support using any and all scanners known in the art. Correction is required.
With respect to claim 1, the limitation “data relating to the received stringed musical instrument” and “analyze the data” are too broadly disclosed in the claim such that the specification does not support any and all interpretations. With a non-specific type of scanner (as claimed) or a laser scanner (as supported in the specification), the claims are overly broad to disclose collecting “data relating to the received stringed musical instrument”. Only certain types of data can be collected and analyzed based on the support of the specification disclosure. P.0007 discloses several types of data: heat map of the fret plane, action at the first or 12th frets, relief measurements, etc. Each of these types of data require a different type of scanner and different analysis. But all the different types of data and their subsequent analysis are not provided for clearly in the specification. Correction is required.
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 9 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.
With respect to claim 9, the limitations disclose “one or more line lasers configured to achieve an overlapped alignment”. Firstly, it is unclear what is “overlapped” for the alignment. Are the line lasers overlapped with each other? Are they overlapping the instrument holder? Additionally, if it is the laser line overlapping, if there is only one, not “or more” then overlapping is not possible. Clarification is required.
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 and 10-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by “Plek Station Tour and Demonstration at Yorkville Sound” Youtube video (Plek Station Tour & Demonstration at Yorkville Sound).
With respect to claim 1, the Plek Station Tour video describes a portable musical instrument scanning system comprising:
An instrument holder configured to receive a stringed musical instrument, the instrument holder comprising a vertical support member, an adjustable upper instrument coupling assembly movably associated with the vertical support member, and an adjustable lower instrument coupling assembly translatably coupled to the vertical support member (time 2:58-3:37, vertical support member = wall supports of the outer silver frame, adjustable upper instrument coupling assembly = neck holder with strap, adjustable lower instrument coupling assembly = bottom cradle that is manually adjustable)
A scanner assembly translatably coupled to the instrument holder, the scanner assembly including a scanner configured to scan the surface of a musical instrument received within the instrument holder to collect data relating to the received stringed musical instrument (time 7:10-8:00, scanner = moving silver box element)
A computer program product embodied in a non-transitory computer readable medium comprising a set of instructions that when executed by a processor are configured to cause a computer system to operate the scanner to collect the data relating to the stringed musical instrument received within the instrument holder (time 7:10, machine = processor)
Analyze the data collected by the computer system through operation of the scanner against a predetermined data parameters (time 8:01-9:57, wherein “anything that may be off” = not like predetermined data parameters)
Display on a display unit of the computer system results of the analysis including a recommended disposition of the stringed musical instrument (time 8:23-9:57)
With respect to claim 2, 3, 4, 5, 6, 7, 8, 10, 11, 12, 13, 14, and 15, the Plek Station Tour discloses all of the limitations as applied to claim 1 above. In addition, the Plek Station Tour discloses:
2- The scanner assembly further comprises a vertical translation member slidably coupled to the vertical support member (vertical translation member = silver box with scanner, coupled to the larger silver frame)
3- The scanner assembly further comprises a transverse translation member slideably coupled to a transverse housing that is rigidly coupled to the vertical translation member (time 7:26 transverse translation member = black accordion that moves in and out of the vertical support = big silver box)
4- Scanner is coupled to the transverse translation member (7:26-7:51, scanner = prove head)
5- the scanning assembly is configured to translation in a vertical direction and a transverse direction relative to the instrument holder (6:56-7:53, wherein the scanner scoots over to the next string)
6- wherein adjustable upper instrument coupling assembly is configured to receive a headstock of stringed musical instrument (3:26-3:30)
7- the lower instrument coupling assembly is configured to receive a body of a stringed musical instrument (3:16-3:21)
8- the computer system comprises a desktop computer or laptop (6:55-7:10)
10- the data collected by the scanner includes string data (7:34-7:43)
11- the data collected by the scanner includes fretboard data (8:44-9:08)
12- the data collected by the scanner includes nut data or saddle data (6:08 - 6:33)
13- the predetermined data parameters comprise a custom string configuration input into the computer system by a user (4:46, 5:46)
14- the recommended disposition of the stringed musical instrument includes at least one adjustment recommendation (10:10)
15- the scanner comprises a high resolution scanner (8:44, wherein thousandth of a millimeter = high resolution)
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.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over “Plek Station Tour and Demonstration at Yorkville Sound” Youtube video (Plek Station Tour & Demonstration at Yorkville Sound) in view of Freifeld U.S. Patent #5,825,666.
With respect to claim 9, Plek Station Tour provides all the limitations as applied to claim 1 above. However, Plek Station Tour fails to disclose the instrument holder comprises one or more line lasers.
However, it would have been obvious to one of ordinary skill in the art at the time of the invention to use a line laser as substitution for the touch sensor in the Plek Station since as described in Freifeld, touch probes and laser probes are art recognized equivalents. Freifield discloses substituting a touch probe with an optical imaging laser probe to avoid the time delay of the touch probe and increase accuracy. (Col.1, l 51-24)
Citation
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
The Plek Station brochure discloses basics and intent of the Plek Station described in the reference above.
Renner U.S. Publication 2024/0379080 discloses a holder for a musical instrument with a body and neck element.
Anke U.S. Patent #6,114,618 discloses a device for optimizing the position of strings on an instrument.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to REBECCA CAROLE BRYANT whose telephone number is (571)272-9787. The examiner can normally be reached M-F, 12-4 pm.
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REBECCA CAROLE. BRYANT
Examiner
Art Unit 2877
/REBECCA C BRYANT/Primary Examiner, Art Unit 2877
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