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 Arguments
2. Applicant's arguments received 09/09/2026 have been considered but are moot in view of the new ground(s) of rejection. Detailed response is given in sections 3-4 as set forth below in this Office Action.
Claim Rejections - 35 USC § 103
3. 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 of this title, 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.
4. Claims 1-4, 6-14 and 16-22 are rejected under 35 U.S.C. 103 as being unpatentable over Glowacki (US 7910816 B2) in view of Pilpel et al. (US 20200388252 A1).
Regarding claim 1, Glowacki discloses a percussion instrument (Abstract; e.g., Fig. 4), comprising: a cylindrical shell (10) opens at both ends; a first vibration membrane covering the first end of the cylindrical shell and a second vibration membrane covering the second of the cylindrical shell (col. 4, lines 36-38); and a plurality of beads (14); wherein the plurality of beads are housed within the internal container (Fig. 4A), and wherein the plurality of beads are a mixture of different sizes (col. 2, line 67 – col. 3, line 7).
Glowacki is silent on: a first hoop attached to a first end of the cylindrical shell and a second hoop attached to a second end of the cylindrical shell, wherein the first hoop and the second hoop are operable to surround the distal ends of the shell; a plurality of tensioners extending between the first hoop and the second hoop; wherein the first vibration membrane is held in connection with the first end of the cylindrical shell via an attachment of the first hoop, and the second vibration membrane is held in connection with the second end of the cylindrical shell via an attachment of the second hoop, such that the cylindrical shell, the first membrane, and the second membrane create an internal container; wherein the first vibration membrane and the first hoop are not adhesively or chemically bonded to the cylindrical shell; wherein the second vibration membrane and the second hoop are not adhesively or chemically bonded to the cylindrical shell; and wherein the plurality of beads are a mixture of different shapes.
Pilpel a percussion instrument comprising: a cylindrical shell (shell body 110 in Fig. 1 or 210 in Fig. 2) opens at both ends; a first hoop (upper tension ring/hoop 120 in Fig. 1 or 320 in Fig. 3) attached to a first end of the cylindrical shell and a second hoop (lower tension ring/hoop 120 in Fig. 1 or 320 in Fig. 3) attached to a second end of the cylindrical shell, wherein the first hoop and the second hoop are operable to surround the distal ends of the shell (Fig. 5); a plurality of tensioners () combination of 140/142 in Fig. 1) extending between the first hoop and the second hoop (para. 0046); wherein a first vibration membrane (530a in Fig. 5) is held in connection with the first end of the cylindrical shell via an attachment of the first hoop, and the second vibration membrane (530b) is held in connection with the second end of the cylindrical shell via an attachment of the second hoop, such that the cylindrical shell, the first membrane, and the second membrane create an internal container (Figs. 1 and 5); wherein the first vibration membrane and the first hoop are not adhesively or chemically bonded to the cylindrical shell, wherein the second vibration membrane and the second hoop are not adhesively or chemically bonded to the cylindrical shell (para. 0050-0051).
Since Glowacki teaches the general condition of the percussion instrument (col. 1, lines 13-16), it would have been obvious to one ordinary skill in the art before the effective filing date of the claimed invention to apply Glowacki’s invention to Pilpel’s percussion instrument in order to produce a persistent sustained sound, as an intended use of a known technique for improving musical instrument sound quality.
The combination of Glowacki and Pilpel is silent on: wherein the plurality of beads are a mixture of different shapes. However, since the instant claim 1 does not specify that such a limit on said plurality of beads performs an associated function thus produces a significant improvement over the prior art, it is deemed that the feature in question relates merely to a design choice of said plurality of beads. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Glowacki to provide the plurality of beads as a mixture of different shapes as desired, which the skilled person would practice without needing inventive skill but depending on practical considerations and according to the dictates of the circumstances. It has been held that an obvious matter of engineering design choice is not patentably advanced.
Regarding claims 2-4, Glowacki discloses: wherein the percussion instrument does not include any snare wires (see the figures); wherein the cylindrical shell is formed from wood (col. 4, lines 36-38); wherein the two vibration membranes are substantially circular in shape (Figs. 4A-4C).
Regarding claims 6, 7, 9 and 10, Glowacki does not but Pilpel discloses: wherein the plurality of tensioners include a plurality of tension rods and a plurality of lugs (Fig. 1); wherein one of the plurality of lugs are coupled to each end of each of the plurality of tension rods (Fig. 1); wherein the plurality of tensioners include at least one knob, wherein the at least one knob is operable to adjust tension of the plurality of tensioners (Fig. 1); wherein the first hoop, the second hoop, the first vibration membrane, and the second vibration membrane are operable to be removed by releasing the tension of the plurality of tensioners (Fig. 5). As such, the combination of Glowacki and Pilpel renders the claimed invention obvious.
Regarding claim8, the combination of Glowacki and Pilpel is silent on: wherein the cylindrical shell includes at least one vent hole.
Examiner takes official notice that a percussion instrument comprising a cylindrical shell of a percussion instrument, including at least one vent hole which helps the drumhead vibrate more freely thus improves sustain, resonance, and overall sound quality, is well-known in the art. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Glowacki/Pilpel to provide cylindrical shell with at least one vent hole to arrive the claimed invention. The mere application of a known technique to a specific instance by those skilled in the art would have been obvious.
Regarding claims 11-14 and 16-22, the combination of Glowacki/Pilpel teaches or renders obvious the claimed invention (see discussion for claims 1-4 and 6-10 above).
Conclusion
5. Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.
Contact Information
6. 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.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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
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