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 .
Information Disclosure Statement
The information disclosure statement(s) (IDS(s)) submitted on 10/26/2023 is/are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement(s) is/are being considered by the examiner.
Specification
The disclosure is objected to because of the following informalities:
On page 1, line 3, “The present applications” should read, “The present application.”
On page 13, line 18, “and/or or” should read, “and/or” or “or” but not both.
On page 14, line 10, “the its analysis” should read “the analysis” or “its analysis” but not both.
On page 16, line 5, “may an integral part” should read, “may be an integral part.”
On page 17, line 3, “musical instrument 100” should read, “musical instrument 10.”
On page 19, line 17, “directed secured” should read, “directly secured.”
Appropriate correction is required.
Claim Objections
Claim 8 is objected to because of the following informality: In line 3, "one or more resonators" should read, "the one or more resonators." Appropriate correction is required.
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.
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.
Claims 2-11, 15, and 18-19 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 2 recites the limitation "the one or more tone-producing elements in line 4. There is insufficient antecedent basis for this limitation in the claim. This rejection may be resolved by aligning the phrase with the “plurality of tone producing elements” recited in claim 1.
Claims 3-11 and 18-19 are likewise rejected for depending, directly or indirectly, from claim 2.
The term “proximity” in claim 15 is a relative term which renders the claim indefinite. The term “proximity” 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. There is no way to reasonably ascertain the BRI of “proximity” regarding mobile devices, which are always connected, unless the term is further limited in the claim.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1, 12-14, and 16-17 are rejected under 35 U.S.C. 103 as unpatentable over Cooke (US 20190189095 A1, June 20, 2019) in view of Xu (CN 216084283 U, March 18, 2022).
Regarding claim 1, Cooke teaches a musical instrument configured for use in an outdoor environment (Cooke ¶0030: "Percussion instruments configured for outdoor installation are disclosed. These instruments may be near-perfectly tuned and make musical expression accessible to everyone, regardless of age, ability or musical training. The simplest of motor skills are needed to activate pure harmonies, providing enjoyment for all players. The percussion instruments are also configured to withstand various outdoor environments."), comprising: a plurality of tone-producing elements, each of which is configured to produce a note having a defined pitch when actuated by a user (Cooke ¶0009: "In some embodiments, the metal discs may be of varying sizes, each disk being independently tuned to produce a distinct musical note when struck by a user."); a frame, each of the plurality of tone-producing elements being mounted to the frame (Cooke ¶0007: "Embodiments of the percussion instruments of the present disclosure comprise a support post configured to be mounted to an outdoor surface to extend from that surface and an instrument assembly which comprises a mounting base and at least one metal disc tuned to produce a musical note when struck by a user. Each metal disc may be secured to the mounting base by one or more fasteners, such as bolts. "); and one or more support posts configured to support the frame at an elevated position relative to a ground surface (Cooke ¶0007: "Embodiments of the percussion instruments of the present disclosure comprise a support post configured to be mounted to an outdoor surface to extend from that surface and an instrument assembly which comprises a mounting base and at least one metal disc tuned to produce a musical note when struck by a user.").
Cooke does not explicitly disclose a machine-readable code, wherein the machine-readable code is configured to be read by a mobile computing device and, when read, to furnish the mobile computing device with one or more interactive functions relating to the musical instrument.
However, Xu teaches a machine-readable code, wherein the machine-readable code is configured to be read by a mobile computing device and, when read, to furnish the mobile computing device (Xu ¶0046: "In this embodiment, the identification unit is a QR code. Users can quickly obtain the corresponding APP download link or WeChat mini program by scanning the identification code with a mobile terminal 20.") with one or more interactive functions relating to the musical instrument (Xu ¶0036: "Specifically, users can select sheet music via mobile terminal 20 or a backend server (not shown in the figure). Mobile terminal 20 or the backend server sends the sheet music information or the note sequence corresponding to the sheet music information to communication unit 340, and then users can select the corresponding sheet music according to their preferences to realize the song request function.").
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the musical instrument configured for use in an outdoor environment of Cooke by adding the machine-readable code of Xu to provide note cues to add to the fun and allow for quick note learning (Xu ¶0035).
Regarding claim 12, Cooke (in view of Xu) teaches a musical instrument comprising the features of claim 1 as discussed above.
Xu further teaches that the one or more interactive functions comprises: playing one or more musical backing tracks; providing one or more training features; providing one or more play challenges; displaying one or more song sheets; providing one or more recording features; or any combination thereof (Xu ¶0045: "After the note sequence finishes playing, the accumulated scores are used to obtain a total score. This total score can be displayed on the mobile terminal 20 or on the operation panel 150, which can evaluate the user's performance and give the percussion instrument 10 a game competition function.").
Regarding claim 13, Cooke (in view of Xu) teaches a musical instrument comprising the features of claim 1 as discussed above.
Xu further teaches that the machine-readable code is configured so that, when read, a website or application opens on the mobile computing device or a user is prompted by the mobile computing device to open a website or application (Xu ¶0046: "In this embodiment, the identification unit is a QR code. Users can quickly obtain the corresponding APP download link or WeChat mini program by scanning the identification code with a mobile terminal 20."), the website or application being configured to perform the one or more interactive functions (Xu ¶0036: "Specifically, users can select sheet music via mobile terminal 20 or a backend server (not shown in the figure). Mobile terminal 20 or the backend server sends the sheet music information or the note sequence corresponding to the sheet music information to communication unit 340, and then users can select the corresponding sheet music according to their preferences to realize the song request function.").
Regarding claim 14, Cooke (in view of Xu) teaches a musical instrument comprising the features of claim 1 as discussed above.
Xu further teaches that the machine-readable code is configured to be scanned by a camera element of the mobile computing device (Xu ¶0046: "In this embodiment, the identification unit is a QR code. Users can quickly obtain the corresponding APP download link or WeChat mini program by scanning the identification code with a mobile terminal 20.").
Regarding claim 16, Cooke (in view of Xu) teaches a musical instrument comprising the features of claim 1 as discussed above.
Cooke further teaches one or more mallets, each of the one or more mallets being configured for striking one or more of the plurality of tone producing elements (Cooke ¶0008: "The instrument may also comprise one or more mallets that a user may use to strike the metal disc to produce the musical note."), and each of the one or more mallets being attached to the frame or at least one of the one or more support posts by a cable (Cooke ¶0060: "The percussion instrument 101 may also comprise one or more mallets 4. In some embodiments, each mallet may be attached to the mounting base 1 or support post 3, such as through a cable 7. The cable 7 may be either a retractable cable or a non-retractable cable.").
Regarding claim 17, Cooke (in view of Xu) teaches a musical instrument comprising the features of claim 1 as discussed above.
Cooke further teaches that a lower end of each of the one or more support posts is configured to be mounted to the ground surface in an outdoor environment (Cooke ¶0059: "The one or more apertures allow for attachment of the support post 3 to an outdoor surface including, but not limited to, the ground or composite materials such as concrete or another surfacing, including playground surfacing. In some embodiments, the support post 3 may be attached semi-permanently to the ground or a secondary surface. In yet another embodiment the support post 3 may be attached permanently to the ground or a secondary surface.").
Claims 2 and 3 are rejected under 35 U.S.C. 103 as unpatentable over Cooke in view of Xu, and further in view of Willnauer (US 20150189983 A1, July 9, 2015), to the extent understood.
Regarding claim 2, Cooke (in view of Xu) teaches a musical instrument comprising the features of claim 1 as discussed above.
Cooke (in view of Xu) does not explicitly disclose a stand, the stand being configured to support the mobile computing device at a position and angle such that a screen of the mobile computing device is visible to a user while the user actuates the one or more tone-producing elements.
However, Willnauer teaches a stand, the stand being configured to support the mobile computing device at a position and angle such that a screen of the mobile computing device is visible to a user (Willnauer ¶0017: "The musician places a mobile device 24 or tablet into the smart lyre 20, which is affixed to the musician's instrument (not shown) that permits the user to read musical notation 26 on the device/tablet's display screen 28 while simultaneously permitting the musician, while standing or marching, to observe the musical conductor.") while the user actuates the one or more tone-producing elements (Willnauer ¶0018: "Also, it can allow a tablet or mobile device affixed to the invention to be able to produce an audio or visual record, as well as annotation on a mobile or tablet device while holding the musical instrument in a playing position.").
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the musical instrument configured for use in an outdoor environment of Cooke (as modified by Xu) by adding the stand of Willnauer to permit the user to read musical notation on the device's display screen (Willnauer ¶0017).
Regarding claim 3, Cooke (in view of Xu and further in view of Willnauer) teaches a musical instrument comprising the features of claim 2 as discussed above.
Willnauer further teaches that the stand is coupled to another portion of the musical instrument (Willnauer ¶0017: "The musician places a mobile device 24 or tablet into the smart lyre 20, which is affixed to the musician's instrument (not shown) that permits the user to read musical notation 26 on the device/tablet's display screen 28 while simultaneously permitting the musician, while standing or marching, to observe the musical conductor.").
Claims 4 and 6-8 are rejected under 35 U.S.C. 103 as unpatentable over Cooke in view of Xu, and further in view of Willnauer and Moore (US 10117512 B1, November 6, 2018), to the extent understood.
Regarding claim 4, Cooke (in view of Xu and further in view of Willnauer) teaches a musical instrument comprising the features of claim 2 as discussed above.
Cooke (in view of Xu and further in view of Willnauer) does not explicitly disclose that the stand comprises a ledge and a device support wall.
However, Moore teaches that the stand comprises a ledge and a device support wall (Moore col. 5, lines 30-36: "The holder panel 21 includes an approximately vertical rear panel 22 and an approximately horizontal lower panel 24. The lower panel 24 may depend outwardly from the rear panel 22 such that the rear panel 22 and the lower panel 24 are disposed approximately perpendicular to each other (e.g., having a combined shape in the form of the letter 'L').").
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the musical instrument configured for use in an outdoor environment of Cooke (as modified by Xu and Willnauer) by adding the ledge and support wall of Moore to secure the mobile computing device (Moore col. 5, lines 18-26).
Regarding claim 6, Cooke (in view of Xu and further in view of Willnauer and Moore) teaches a musical instrument comprising the features of claim 4 as discussed above.
Willnauer further teaches that the stand further comprises a mounting plate (Willnauer ¶0019: "The back of the case 22 has raised parallel plastic rails 30 to allow the mobile enclosure to couple to a mounting plate 32 secured to the end of a mounting bracket 34.") that is configured to be affixed to the frame or a frame extension element (Willnauer ¶0020: "The mounting plate 32 may be made of a hard plastic that provides a rigid mounting for the case 22 and mobile device 24 or electronic tablet. The mounting bracket 34 may be plastic or metal, and may be coated in silicone rubber. The mounting bracket 34 is secured to the mounting plate 32.").
Regarding claim 7, Cooke (in view of Xu and further in view of Willnauer and Moore) teaches a musical instrument comprising the features of claim 6 as discussed above.
Willnauer further teaches a frame extension element (Willnauer ¶0020: "The mounting bracket 34 may be plastic or metal, and may be coated in silicone rubber. The mounting bracket 34 is secured to the mounting plate 32. A free end 38 of mounting bracket 34 is configured to be inserted into an open slot that is found universally mounted on almost all marching band instruments."), wherein the frame extension element is configured to be coupled to the frame or one or more resonators (Willnauer ¶0020: "A free end 38 of mounting bracket 34 is configured to be inserted into an open slot that is found universally mounted on almost all marching band instruments. The length of the mounting bracket 34 is determined according to each instrument's size and appropriate viewing distance."), and the mounting plate is configured to be coupled to the frame extension element (Willnauer ¶0020: "The mounting bracket 34 may be plastic or metal, and may be coated in silicone rubber. The mounting bracket 34 is secured to the mounting plate 32.").
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the musical instrument configured for use in an outdoor environment of Cooke (as modified by Xu) by adding the frame extension element of Willnauer to allow the length of the mounting bracket to be determined according to each instrument's size and an appropriate viewing distance (Willnauer ¶0020).
Regarding claim 8, Cooke (in view of Xu and further in view of Willnauer and Moore) teaches a musical instrument comprising the features of claim 7 as discussed above.
Willnauer further teaches that the frame extension element comprises one or more contours (Willnauer ¶0023: "The mounting bracket 34 may be angled, depending on the form and function of the musical instrument, as to allow o be connected to an open slot/receiver that is found universally on almost all marching band instruments (not shown).") that prevent interference between the stand and one or more of the plurality of tone producing elements, one or more resonators, or a combination thereof (Willnauer ¶0026: "A marching drum would not need the bent right angles but rather a straight metal wire extending from its unique lyre input. The interchangeability provides variable uses to the musical instrument spectrum.").
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the musical instrument configured for use in an outdoor environment of Cooke (as modified by Xu) by adding the frame extension contours of Willnauer to angle the mounting bracket depending on the form and function of the instrument (Willnauer ¶0026).
Claim 5 is rejected under 35 U.S.C. 103 as unpatentable over Cooke in view of Xu, and further in view of Willnauer, Moore, and Cockburn et al. (US 20180263427 A1, September 20, 2018), hereinafter Cockburn, to the extent understood.
Regarding claim 5, Cooke (in view of Xu and further in view of Willnauer and Moore) teaches a musical instrument comprising the features of claim 4 as discussed above.
Cooke (in view of Xu and further in view of Willnauer and Moore) does not explicitly disclose that at least one of the ledge and the device support wall comprises one or more apertures or channels configured to drain water from the ledge.
However, Cockburn teaches that at least one of the ledge and the device support wall comprises one or more apertures or channels (Cockburn ¶0089-0090: "The base 155 of the ring holder 150 comprises a substantially planar support surface for receiving a ring, such as a wedding ring, and is surrounded by substantially vertical walls of the arms 160 and the front 165. As such, when a ring is stored on the ring holder the ring is prevented from sliding off by the walls, even if the toiletry holder 100 is bumped or if water sprays directly onto the ring. The base 155 includes a plurality of apertures, to provide drainage from the ring holder 150.") configured to drain water from the ledge (Cockburn ¶0090: "The base 155 includes a plurality of apertures, to provide drainage from the ring holder 150. As such, the toiletry holder 100 can be used in the shower without collecting water.").
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the musical instrument configured for use in an outdoor environment of Cooke (as modified by Xu , Willnauer, and Moore) by adding the apertures of Cockburn to use the device without collecting water (Cockburn ¶0090).
Claim 9 is rejected under 35 U.S.C. 103 as unpatentable over Cooke in view of Xu, and further in view of Willnauer and Diebel et al. (US 20130098782 A1, April 25, 2013), hereinafter Deibel, to the extent understood.
Regarding claim 9, Cooke (in view of Xu and further in view of Willnauer) teaches a musical instrument comprising the features of claim 2 as discussed above.
Cooke (in view of Xu and further in view of Willnauer) does not explicitly disclose that the machine-readable code is on a front face of the stand.
However, Rasheed teaches that the machine-readable code is on a front face (Rasheed ¶0095: "Upon request by the bereaved, a QR code is embossed on a stainless steel plate and affixed to the face of an existing headstone, or affixed to a new headstone yet to be erected.") of the stand (Rasheed ¶0102: "A combination headstone and stainless steel embossed QR code is also prepared as described in Example 1, however a smartphone mount is also provided in combination with the headstone and QR code. The smartphone mount is affixed to the face of the headstone to provide a combined headstone, QR code and smartphone mount assembly 400, however it is also envisaged that the mount may be affixed to the ground or in other proximal locations to the headstone, depending on the intensity of the smartphone's micro projector.").
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the musical instrument configured for use in an outdoor environment of Cooke (as modified by Xu and Willnauer) by adding the machine-readable code embossed on a steel plate of Rasheed to withstand natural degradation and weathering (Rasheed ¶0038).
Claims 10-11 are rejected under 35 U.S.C. 103 as unpatentable over Cooke in view of Xu, and further in view of Willnauer and Rasheed (US 20180053021 A1, February 22, 2018), to the extent understood.
Regarding claim 10, Cooke (in view of Xu and further in view of Willnauer) teaches a musical instrument comprising the features of claim 2 as discussed above.
Cooke (in view of Xu and further in view of Willnauer) does not explicitly disclose that the machine-readable code is on a front face of the stand.
However, Rasheed teaches that the machine-readable code is on a front face (Rasheed ¶0095: "Upon request by the bereaved, a QR code is embossed on a stainless steel plate and affixed to the face of an existing headstone, or affixed to a new headstone yet to be erected.") of the stand (Rasheed ¶0102: "A combination headstone and stainless steel embossed QR code is also prepared as described in Example 1, however a smartphone mount is also provided in combination with the headstone and QR code. The smartphone mount is affixed to the face of the headstone to provide a combined headstone, QR code and smartphone mount assembly 400, however it is also envisaged that the mount may be affixed to the ground or in other proximal locations to the headstone, depending on the intensity of the smartphone's micro projector.").
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the musical instrument configured for use in an outdoor environment of Cooke (as modified by Xu and Willnauer) by adding the machine-readable code embossed on a steel plate of Rasheed to withstand natural degradation and weathering (Rasheed ¶0038).
Regarding claim 11, Cooke (in view of Xu and further in view of Willnauer and Rasheed) teaches a musical instrument comprising the features of claim 10 as discussed above.
Rasheed further teaches that the front face of the stand is defined, at least in part, by a metal plate (Rasheed ¶0095: "Upon request by the bereaved, a QR code is embossed on a stainless steel plate and affixed to the face of an existing headstone, or affixed to a new headstone yet to be erected."), and the machine-readable code is either (a) printed or etched on the metal plate or (b) adhered to the metal plate (Rasheed ¶0038: "Some tags may be embossed or printed on suitable materials, such as metals, metal alloys, synthetic materials, timber or composite materials. Materials able to withstand natural degradation and weathering are preferred. Further, materials providing a simple, aesthetically pleasing mode of affixing to the funerary marker are also preferred. Tags may be formed from stainless steel, and/or precious or semi-precious metals such as gold, silver, titanium, copper and alloys thereof.").
Claim 15 is rejected under 35 U.S.C. 103 as unpatentable over Cooke in view of Xu, and further in view of Rasheed, to the extent understood.
Regarding claim 15, Cooke (in view of Xu) teaches a musical instrument comprising the features of claim 1 as discussed above.
Cooke (in view of Xu) does not explicitly disclose that the machine readable code is configured to be read by placing the mobile computing device into proximity with the code.
However, Rasheed teaches that the machine readable code is configured to be read by placing the mobile computing device into proximity with the code (Rasheed ¶0092: "The optical camera will allow for the scanning of QR codes and barcodes whereas a Bluetooth device will allow for the scanning of RFID tags.").
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the musical instrument configured for use in an outdoor environment of Cooke (as modified by Xu) by adding the RFID functionality of Rasheed to quickly obtain the corresponding download link (Xu ¶0046).
Claim 18 is rejected under 35 U.S.C. 103 as unpatentable over Cooke in view of Xu, and further in view of Willnauer, Rasheed, and Moore, to the extent understood.
Regarding claim 18, Cooke (in view of Xu and further in view of Willnauer) teaches a musical instrument comprising the features of claim 2 as discussed above.
Cooke further teaches that the plurality of tone-producing elements and the frame are configured to withstand the stresses of being in an outdoor environment (Cooke ¶0011: "In some embodiments, the percussion musical instrument may be configured to withstand prolonged outdoor use. For instance, the instruments are configured to endure various atmospheric states including, but not limited to, heat, cold, dryness, sunshine, wind, rain, and snow. For example, one or more of the components, such as the one or more metal discs the mounting base, the support post, the mallet(s), and/or any exposed connections may be resistant to water damage.").
Cooke (in view of Xu and further in view of Willnauer does not explicitly disclose that the machine-readable code and the stand are configured to withstand the stresses of being in an outdoor environment.
However, Rasheed teaches that the machine-readable code is configured to withstand the stresses of being in an outdoor environment (Rasheed ¶0038-0039: "Materials able to withstand natural degradation and weathering are preferred. Further, materials providing a simple, aesthetically pleasing mode of affixing to the funerary marker are also preferred. Tags may be formed from stainless steel, and/or precious or semi-precious metals such as gold, silver, titanium, copper and alloys thereof. Alternatively, tags may be printed by commonly available printing technology or may even be stenciled by hand. An alternative to affixing the tag to an existing funerary marker, may be to affix the tag to the funerary marker prior to installation. Alternatively, the tag may be etched or painted into a funerary marker yet to be erected. A preferred combined funerary marker and tag is weatherproof.").
Furthermore, Moore teaches that the stand is configured to withstand the stresses of being in an outdoor environment (Moore col. 5, lines 28-30: "As an example, the holder panel 21 may be formed from a rugged, weather-resistant plastic or metal material.").
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the musical instrument configured for use in an outdoor environment of Cooke (as modified by Xu and Willnauer) by adding the machine-readable code embossed on a steel plate of Rasheed and the stand or Moore to withstand natural degradation and weathering (Rasheed ¶0038).
Claim 19 is rejected under 35 U.S.C. 103 as unpatentable over Cooke in view of Xu, and further in view of Willnauer and Moore, to the extent understood.
Regarding claim 19, Cooke (in view of Xu and further in view of Willnauer) teaches a musical instrument comprising the features of claim 2 as discussed above.
Cooke (in view of Xu and further in view of Willnauer) does not explicitly disclose a weather-resistant song book or sheet attached to at least one of the stand, the frame, and at least one of the one or more support posts, and wherein the stand is also configured to support the weather-resistant song book or sheet.
However, Moore teaches a weather-resistant song book or sheet (Moore col. 6, lines 44-49: "Furthermore, it is envisioned that the copy 30 may be arranged in a back-to-back manner having pairs that are either laminated using clear plastic, or contained in clear plastic sleeves, to maximize a number of sheets or pages of copy 30 present upon the holder assembly 20.") attached to at least one of the stand, the frame, and at least one of the one or more support posts (Moore col. 6, lines 30-44: "The holder assembly 20 includes at least one (1) ring 32 (e.g., a pair of rings 32 are shown) connected to the rear panel 22 of the holder panel 21. In an example embodiment, the holder panel 21 includes at least one (1) ring aperture 34 (e.g., a pair of ring apertures 34 are shown) formed through the rear panel 22. The rings 32 may be connected to the rear panel 22 through the ring apertures 34. In an example embodiment, the ring apertures 34 and, thus, the rings 32 are disposed proximate to an upper, or top, edge of the rear panel 22. In an example embodiment, the pair of ring apertures 34 and, thus, the pair of rings 32 are disposed proximate to opposed upper corners of the rear panel 22. The rings 32 in turn pass through holes punched, or otherwise forms, in the copy 30, thereby, allowing the copy 30 to be quickly flipped over by the user."), and wherein the stand is also configured to support the weather-resistant song book or sheet (Moore col. 5, lines 18-20: "The holder panel 21 is configured to position and secure a plurality of individual sheets of the copy 30.").
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the musical instrument configured for use in an outdoor environment of Cooke (as modified by Xu and Willnauer) by adding the weather-resistant song book or sheet and stand of Moore to prevent the sheets from quickly acquiring mass and bulk and becoming difficult to manage and read during inclement weather (Willnauer ¶0004).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHILIP SCOLES whose telephone number is (703)756-1831. The examiner can normally be reached Monday-Friday 8:30-4:30 ET.
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/PHILIP G SCOLES/
Examiner, Art Unit 2837
/DEDEI K HAMMOND/Supervisory Patent Examiner, Art Unit 2837
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