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 .
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.
Claims 1-3, 6, 8-13, 16, 17, 20, and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Wasser et al (US20060219083) in view of Brehm (20240371344).
Regarding claim 1, Wasser et al (US20060219083) discloses a method of making a piston (30) for a wind instrument, the method comprising: removing a first portion of material from a single piece of the material to form a plurality of ports (see the material removed from the areas that create 18a and 18b) and one or more windways each connecting at least a subset of the plurality of ports (18a, 18b).
Wasser does not specifically disclose treating a surface of the piston.
Brehm discloses the use of a piston where the surface is treated a surface o by at least one of hard coat anodizing the surface or polytetrafluoroethylene (PTFE) sealing the surface (see paragraph 0027).
It would have been obvious to one of ordinary skill in the art at time the invention was made to modify the device as disclosed in Wasser to include the PTFE as disclosed in Brehn in order to minimize risk.
Regarding claim 2, Wasser et al (US20060219083) discloses wherein the single piece of the material comprises a cylindrical rod of the material (see the cylindrical body in figure 6).
Regarding claim 3, Wasser et al (US20060219083) discloses wherein the material comprises aluminum, an aluminum alloy, brass, a nickel-copper alloy, or stainless steel (see paragraph 0059).
Regarding claim 6, Wasser et al (US20060219083) discloses that the use of CNC machining is conventional and well known in the art (see paragraph 0059).
Wasser and Brehm do not specifically disclose removing the first portion of material from the single piece of the material comprise s removing the first portion of material from the single piece of the material using a computer numerical control (CNC) machine.
However, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the device as disclosed in Wasser to include the single piece of the material, the treated surface as disclosed in Brehm, and removing the first portion of material from the single piece of the material using a computer numerical control (CNC) machine since the use of removing material using CNC machines is conventional and well known in the art.
Regarding claim 8, Wasser et al (US20060219083) discloses one or more mounting holes.
Wasser does not disclose a method of drilling the mounting holes.
It would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the device as disclosed in Wasser to include drilling of the mounting holes since drilling is a method that is well known in the art.
Regarding claim 9, Wasser et al (US20060219083) discloses a second portion of material removed from the single piece of material to form a recessed feature configured to receive a spring (see the recessed feature in figure 21).
Regarding claim 10 Wasser and Brehm do not disclose the use of a centerless grinder.
However, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the device as disclosed in Wasser, the treated surface as disclosed in Brehm, and the use of a centerless grinder since the use of centerless grinder is conventional and well known in the art.
Regarding claim 11, Wasser et al (US20060219083) discloses a piston (30) for a wind instrument, the piston comprising (30): a one-piece body, the one-piece body defining: a plurality of ports (18a, 18b) ; and one or more windways each connecting at least a subset of the plurality of ports, wherein the plurality of ports (18a, 18b) and the one or more windways are formed by processing a single piece of a material to remove a portion of the material from the single piece (see the material removed from the areas that create 18a and 18b).
Wasser does not specifically disclose treating a surface of the piston.
Brehm discloses the use of a piston where the surface is treated a surface o by at least one of hard coat anodizing the surface or polytetrafluoroethylene (PTFE) sealing the surface (see paragraph 0027).
It would have been obvious to one of ordinary skill in the art at time the invention was made to modify the device as disclosed in Wasser to include the PTFE as disclosed in Brehn in order to minimize risk.
Regarding claim 12, Wasser et al (US20060219083) discloses wherein the single piece of the material comprises a cylindrical rod of the material (see the cylindrical body in figure 6).
Regarding claim 13, Wasser et al (US20060219083) discloses wherein the one-piece body is made of aluminum, an aluminum alloy, brass, a nickel-copper alloy, or stainless steel (see paragraph 0059).
Regarding claim 16, Wasser et al (US20060219083) discloses that the use of CNC machining is conventional and well known in the art.
Wasser does not specifically disclose removing the first portion of material from the single piece of the material comprises removing the first portion of material from the single piece of the material using a computer numerical control (CNC) machine.
However, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the device as disclosed in Wasser to include the single piece of the material comprises removing the first portion of material from the single piece of the material using a computer numerical control (CNC) machine since the use of removing material using CNC machines is conventional and well known in the art.
Regarding claim 17, Wasser et al (US20060219083) discloses wherein the piston (30) is configured to fit within a casing (14b) of the wind instrument and is further configured to move translationally along a longitudinal axis of the casing (14b) when fit within the casing (14b).
Regarding claim 20, Wasser et al (US20060219083) discloses wherein the wind instrument is a trumpet, a French horn, a tuba, a euphonium, a cornet, a flugelhorn, a mellophone, a trombone, a valve trombone, a baritone, a marching brass instrument, a sousaphone, a piccolo trumpet, or a novel valved brass instrument (paragraph 0001).
Regarding claim 21, Wasser et al (US20060219083) discloses one or more mounting holes.
Wasser does not disclose a method of drilling the mounting holes.
It would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the device as disclosed in Wasser to include drilling of the mounting holes since drilling is a method that is well known in the art.
Regarding claim 22, Wasser et al (US20060219083) comprises a bottom surface that includes a recessed feature configured to receive a spring (see the recessed feature in figure 21).
Regarding claim 35, Wasser and Brehm do not disclose the specific use of a centerless grinder.
However, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the device as disclosed in Wasser, the treated surface as disclosed in Brehm, and the use of a centerless grinder since the use of centerless grinder is conventional and well known in the art.
Regarding claim 36, Wasser et al (US20060219083) discloses wherein the single piece of the material comprises a cylindrical rod of the material (see the cylindrical body in figure 6).
Regarding claim 37, Wasser et al (US20060219083) discloses wherein the material comprises aluminum, an aluminum alloy, brass, a nickel-copper alloy, or stainless steel (see paragraph 0059).
Regarding claim 38, Wasser et al (US20060219083) discloses that the use of CNC machining is conventional and well known in the art (see paragraph 0059)..
Claims 23-29 and 32-34 are allowed.
Response to Arguments
Applicant's arguments filed 1/21/26 have been fully considered but they are not persuasive. The indicated allowability of claims 4-5, 10, and 14-15 is withdrawn in view of the newly discovered references. Rejections based on the newly cited reference are recited above.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KIMBERLY R LOCKETT whose telephone number is (571)272-2067. The examiner can normally be reached 8:30-5:00 pm M-F.
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/KIMBERLY R LOCKETT/Primary Examiner, Art Unit 2837
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