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 .
Response to Election/Restrictions
2. Per Applicants' response dated 05/05/2025, an election was made without traverse to prosecute Species I, claims 1-16. Claims 17-18 are cancelled by the Applicant, as being drawn to a non-elected invention. The requirement is deemed proper and is therefore made FINAL.
Rejections - 35 USC § 112
3. 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.
4. Claim 10 and 12 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 pre-AIA the applicant regards as the invention.
In claims 10 and 12, the phrase "may be locked or screwed into” or “may be secured” renders the claims indefinite because the intended scope of the claim was unclear. It is unclear if the feature after the term “may” is a part of the claimed limitation or not. See MPEP § 2173.05(d).
Claim Rejections - 35 USC § 102
5. 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; or
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
6. Claims 1-12 and 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gilbert (US 5297771 A).
Regarding claim 1, Gilbert discloses an endpin block apparatus (Figs. 4-5), for use with a stringed instrument (Figs. 1-3) and an endpin (30), referred to as an x-axis endpin block, the endpin block apparatus comprising: an endpin block body (combination of 26/32/34), an x-axis barrel (28), a block barrel bore (36) sized and disposed in the x-axis endpin block to hold the x-axis barrel, an endpin shaft holder (clamp 34), a block combined hole (59), a tailgut-shaft-holder contact surface (e.g., the upper surface of 34 in Fig. 5), and an endpin stopper block void (61) for holding the endpin at a desired angle relative to the x-axis endpin block; and in which the x-axis barrel (28) further comprises a barrel screw (66), a barrel threading (the threading of the apertures 62/64 for receiving the barrel screw, see Fig. 4 and 5), and a barrel hole (70).
Regarding claim 2, Gilbert discloses an endpin block apparatus (Figs. 4-5), for use with a stringed instrument and an endpin (Figs. 1-3), referred to as an x-axis endpin block, the endpin block apparatus comprising: an endpin block body (26/32/34), an x-axis barrel (28), a block barrel bore (36) sized and disposed in the x-axis endpin block to hold the x-axis barrel (Fig. 4), an endpin shaft holder (clamp 34), a plurality of holes (40, 46) in the block for the endpin, a tailgut-shaft-holder contact surface (e.g., the upper surface of 34 in Fig. 5), and a plurality of elements (e.g., 56/58) for holding the endpin at a desired angle relative to the x-axis endpin block; and in which the x-axis barrel further comprises a barrel screw (66), a barrel threading (the threading of the apertures 62/64 for receiving the barrel screw, see Fig. 4 and 5), and a barrel hole (61).
Regarding claim 2, Gilbert discloses an endpin block apparatus (Figs. 4-5), for use with a stringed instrument and an endpin (Figs. 1-3), referred to as an x-axis endpin block, the endpin block apparatus comprising: an endpin block body (26/32/34), an x-axis barrel (28), a block barrel bore (36) sized and disposed in the x-axis endpin block to hold the x-axis barrel (Fig. 4), an endpin shaft holder (54), a plurality of holes (59, 70) in the block for the endpin, a tailgut-shaft-holder contact surface (e.g., the inner surface of the opening 40 in Fig. 5), and a plurality of elements (e.g., 56/58) for holding the endpin at a desired angle relative to the x-axis endpin block; and in which the x-axis barrel further comprises a barrel screw (66), a barrel threading (the threading of the apertures 62/64 for receiving the barrel screw, see Fig. 4 and 5), and a barrel hole (61).
Regarding claim 3, Gilbert discloses: wherein the plurality of elements for holding the endpin at a desired angle relative to the x-axis endpin block comprise a barrel set screw (66).
Regarding claim 4, Gilbert discloses: wherein the endpin shaft holder (54) extends below a front portion of the endpin block body (Figs. 4-5).
Regarding claim 5, Gilbert discloses: wherein a front of the x-axis endpin block is shaped as a sloped front.
Regarding claim 6, Gilbert discloses: wherein the plurality of holes in the x-axis endpin block for the endpin comprise a block straight hole (59) and a block angled hole (70).
Regarding claim 7, Gilbert discloses: wherein the block straight hole is set directly in the endpin shaft holder (Fig. 5).
Regarding claim 8, Gilbert discloses: wherein, to use the endpin in a traditional placement, the endpin (30) is inserted in the block straight hole (59) and passes through a full extent of the endpin shaft holder (Fig. 4).
Regarding claim 9, Gilbert discloses: wherein, to use the endpin in an angled position, the x-axis barrel (28) is inserted (via screw 66) into the block barrel bore (36) with the block angled hole (70) in alignment with the barrel hole (Figs. 4-5).
Regarding claim 10, Gilbert discloses: wherein the x-axis barrel (28) further comprises a plurality of barrel set screw detent holes (62/64), which the barrel set screw may be locked or screwed into (see related discussion of screw 66).
Regarding claim 11, Gilbert discloses: wherein the plurality of holes (59, 70) in the x-axis endpin block for the endpin comprise a block combined hole (59).
Regarding claim 12, Gilbert discloses: wherein the endpin (30) may be secured in a straight-through position, with the x-axis barrel tightened to the endpin block body with the barrel screw (see Figs. 1-4 and related text; see also col. 4, lines 3-48).
Regarding claim 16, Gilbert discloses: wherein the tailgut-shaft-holder contact surface of the endpin shaft holder is rounded in exterior profile, and the x-axis endpin block may be rotated about the z-axis of the instrument (col. 4, lines 31-35).
Allowable Subject Matter
7. Claims 13-15 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.
Reasons for Allowance
8. The following is a statement of reasons for the indication of allowable subject matter:
The primary reason for the allowance of claims 13-15 is the inclusion of the limitations: the endpin comprises an endpin top shaft; and the plurality of elements for holding the endpin at a desired angle relative to the x-axis endpin block comprise an endpin stopper and an endpin stopper block void, inside the x-axis endpin block, sized to securely hold the endpin stopper; and which endpin stopper is reversibly affixed to and removed from the endpin top shaft while the endpin stopper is securely seated in the endpin stopper block void, wherein the endpin stopper comprises an endpin-stopper-threading on the endpin stopper and the endpin top shaft comprises an endpin-top-shaft-threading on an internal surface of the endpin top shaft, and wherein the endpin stopper has a larger external diameter than the endpin top shaft and a larger external diameter than the barrel hole; and the x-axis barrel may rotate inside the endpin block body until the endpin stopper reaches a rotated angle, at which the endpin stopper and the endpin are positioned in line with the endpin stopper block void. It is these limitations found in each of the claims, in combination with the rest of the limitations as recited in claims 2 and 11, that have not been found, taught or suggested by the prior art of record, which make claims 13-15 distinguish over the prior art.
Contact Information
9. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JIANCHUN QIN whose telephone number is (571)272-5981. The examiner can normally be reached 9AM-5:30PM EST 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 on (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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/JIANCHUN QIN/Primary Examiner, Art Unit 2837