Ex Parte Bowen

Patent Trial and Appeal Board

Sep 25, 2013

12313770 (P.T.A.B. Sep. 25, 2013)

UNITED STATES PATENT AND TRADEMARKOFFICE
UNITED STATES DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
Address: COMMISSIONER FOR PATENTS
P.O. Box 1450
Alexandria, Virginia 22313-1450
www.uspto.gov
APPLICATION NO. FILING DATE FIRST NAMED INVENTOR ATTORNEY DOCKET NO. CONFIRMATION NO.
12/313,770 11/24/2008 Joseph Anthony Bowen SNJ-002 9751
52554 7590 09/25/2013
Southeast IP Group, LLC
13-B West Washington Street
GREENVILLE, SC 29601
EXAMINER
LOCKETT, KIMBERLY R
ART UNIT PAPER NUMBER
2832
MAIL DATE DELIVERY MODE
09/25/2013 PAPER
Please find below and/or attached an Office communication concerning this application or proceeding.
The time period for reply, if any, is set in the attached communication.
PTOL-90A (Rev. 04/07)

UNITED STATES PATENT AND TRADEMARK OFFICE
_________

BEFORE THE PATENT TRIAL AND APPEAL BOARD
__________

Ex parte JOSEPH ANTHONY BOWEN
__________

Appeal 2011-005690
Application 12/313,770
Technology Center 2800
___________

Before ADRIENE LEPIANE HANLON, TERRY J. OWENS, and
LINDA M. GAUDETTE, Administrative Patent Judges.

HANLON, Administrative Patent Judge.

DECISION ON APPEAL

Appeal 2011-005690
Application 12/313,770

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A. STATEMENT OF THE CASE
Joseph Anthony Bowen appeals under 35 U.S.C. § 134 from an Examiner’s
decision finally rejecting claims 1-11. We have jurisdiction under 35 U.S.C.
§ 6(b).
We AFFIRM-IN-PART.
The subject matter on appeal is directed to a guitar strap plug for attaching a
guitar strap to an electric audio jack outlet of a guitar. Claims 1 and 6, the only
independent claims on appeal, are reproduced below from the Claims Appendix of
the Appeal Brief dated May 13, 2010 (“App. Br.”).
1. A guitar strap plug for attaching a guitar strap to a guitar,
said strap plug comprising:
a shaft member;
a head member attached to one end of said shaft member so that
said shaft member extends outwardly from said head member in axial
relation and
wherein said guitar strap plug is formed so that it may be
secured within an electrical audio jack outlet that is positioned on an
outer portion of a guitar.
6. A method of attaching a guitar strap to an electric audio
jack of a guitar, said method comprising the steps of:
providing a guitar strap plug having a head member and a shaft
member;
positioning said shaft member through a loop at one end of a
guitar strap and then inserting said shaft member into an electric audio
jack of a guitar.
On appeal, the Appellant seeks review of the following Examiner’s
rejections:
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Application 12/313,770

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(1) the rejection of claims 1-4, 6, and 8-11 under 35 U.S.C. § 103(a) as
unpatentable over Bellak1 in view of Gipson2; and
(2) the rejection of claims 5 and 7 under 35 U.S.C. § 103(a) as
unpatentable over Bellak in view of O’Brien.3,4
B. DISCUSSION
1. Claim 1
There is no dispute on this record that Bellak discloses a guitar strap plug
comprising a shaft member and a head member wherein the guitar strap plug “is
formed so that it may be secured within an electrical audio jack outlet that is
positioned on an outer portion of a guitar” as recited in claim 1. Ans. 35; App. Br.
4 (male connector plug 32 plugs into the electrical jack on the guitar); see also
Bellak, col. 5, ll. 60-64 (connector or plug 32 fits into a guitar jack).
The Appellant argues Bellak does not disclose that the plug “is used to
attach a guitar strap to a guitar by directly inserting the plug into the electrical jack
outlet, as claim 1 recites.” App. Br. 4.
Contrary to the Appellant’s argument, claim 1 does not recite that the plug
“is used to attach a guitar strap to a guitar by directly inserting the plug into the
electrical jack outlet.” Claim 1 merely recites “A guitar strap plug for attaching a

1 US 7,060,889 B2 issued June 13, 2006.
2 US 2006/0278059 A1 published December 14, 2006.
3 US 3,935,782 issued February 3, 1976.
4 Claims 5 and 7 depend from claims 1 and 6, respectively. Thus, claims 5 and 7
should have been rejected under § 103(a) as unpatentable over Bellak in view of
Gipson, and further in view of O’Brien. It is not necessary to address this error in
view of our reversal of the rejection. See section “3.,” infra.
5 Examiner’s Answer dated September 9, 2010.
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Application 12/313,770

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guitar strap to a guitar . . . .” The phrase “for attaching a guitar strap to a guitar” in
the preamble of claim 1 is a statement of intended use. The Appellant has not
directed us to any evidence establishing that Bellak’s guitar strap plug is not
capable of attaching a guitar strap to a guitar. Therefore, the § 103(a) rejection of
claim 1 is sustained.
The Appellant does not present separate arguments in support of the
patentability of dependent claims 2-4. Therefore, the § 103(a) rejection of claims
2-4 is also sustained.
2. Claim 6
Claim 6 is directed to a method of attaching a guitar strap to an electric
audio jack of a guitar. The Appellant argues Bellak does not disclose the step of
“positioning said shaft member through a loop at one end of a guitar strap and then
inserting said shaft member into an electric audio jack of a guitar” as recited in
claim 6. App. Br. 5.
The Appellant’s argument is supported by the record. Bellak does not
disclose that the guitar strap plug 32 attaches a guitar strap to a guitar. Rather,
Bellak discloses separate guitar strap attachment means, i.e., upper and lower
keyhole slots (12, 14) in the guitar strap which engage pins on a guitar. Bellak,
col. 4, l. 62-col. 5, l. 3; Bellak Fig. 5. The Examiner does not direct us to any
portion of Gipson which cures this deficiency in Bellak.6 Therefore, the § 103(a)
rejection of claim 6 and dependent claims 8-11 is not sustained.

6 The Examiner relies on Gipson as teaching the use of a round head plug. Ans. 3.
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3. Claims 5 and 7
Claims 5 and 7 depend from claims 1 and 6, respectively, and recite that the
strap plug is made of plastic.
The Examiner finds Bellak does not disclose a plug made of plastic.
However, relying on O’Brien, the Examiner finds “the use of a guitar strap plug for
attaching a guitar strap to a guitar that is made from plastic is conventional and
well known in the art.” Ans. 4. The Examiner concludes that it would have been
obvious to one of ordinary skill in the art to make Bellak’s plug of plastic “in order
to provide a force fit connection means.” Id.
The Appellant argues:
[M]aking the Bellak plug out of plastic would necessarily destroy any
electrical connection between the Bellak guitar and the speaker
housed in the Bellak strap, thus rendering the Bellak device unusable.
A plastic plug in the Bellak reference simply would not allow the
music to be played through the Bellak speaker, because it is well
known that plastic does not conduct electricity.
Reply Br. 37; see also App. Br. 5-6.
In response, the Examiner merely points out that the Appellant’s plug, which
fits into a standard electric audio jack of a guitar, is plastic. Ans. 5.
The Appellant’s plug is said to be “inserted into the electric audio jack when
the guitar is not in use or in storage, to protect the jack against dirt, dust and trash
from entering the jack hole.” Spec. 4, ll. 14-17. Bellak’s plug, on the other hand,
is intended to electrically drive the speaker 16 in the guitar strap. Bellak, col. 6,
ll. 19-29. Thus, the mere fact that both the Appellant’s plug and Bellak’s plug may

7 Reply Brief dated October 19, 2010.
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be inserted into the same electric audio jack is not sufficient to support a
conclusion of obviousness as to claims 5 and 7. For this reason, the § 103(a)
rejection of claims 5 and 7 is not sustained.
C. DECISION
The rejection of claims 1-4 under 35 U.S.C. § 103(a) as unpatentable over
Bellak in view of Gipson is affirmed.
The rejection of claims 6 and 8-11 under 35 U.S.C. § 103(a) as unpatentable
over Bellak in view of Gipson is reversed.
The rejection of claims 5 and 7 under 35 U.S.C. § 103(a) as unpatentable
over Bellak in view of O’Brien is reversed.
No time period for taking any subsequent action in connection with this
appeal may be extended under 37 C.F.R. § 1.136(a).

AFFIRMED-IN-PART
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