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 1-6, 8-11, and 14-19 are rejected under 35 U.S.C. 103 as being unpatentable over Richards in view of Moreau.
Regarding claim 1, Richards discloses the use of an instrument-holding device comprising: a strap (12); a mounting plate (11) comprised of an opening (not labeled, see the strap passing through the opening in figure 12); and a base (see paragraph 0048) attached to the mounting plate, the base comprised of a receiving arm (15).
Richards does not disclose the use of a nylon strap that is one inch in width.
Moreau discloses the use of a nylon strap that is one inch in width (paragraph 0052). Moreau further discloses the use of a receiving arm that is adjustable.
Richard and Moreau do not disclose the use of a specific use of an arm that is bendable or an outdoor device.
However, it would have been obvious to one of ordinary skill in the art prior to the effective filing date to modify the device as disclosed in Richards to include the strap as disclosed in Moreau, a bendable arm since the use of bendable arms is conventional and well known in the art and the device to be used outside since it has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations. Ex parte Masham, 2 USPQ2d 1647.
Regarding claim 2, Richards discloses wherein the receiving arm is comprised of a padding (19).
Regarding claims 3 and 4, Richards discloses wherein the strap is comprised of an adjustment fastener, buckle or a sliding fastener (see paragraph 0025).
Regarding claims 5 and 6, Richards discloses wherein the strap is comprised of a securing fastener, a clip or a buckle (see paragraph 0025).
Regarding claim 8, Richards discloses an instrument-holding device comprising: a strap comprised of an adjustment fastener and a securing fastener; a mounting plate comprised of an opening; and a base attached to the mounting plate, the base comprised of a first receiving arm (15 left) and a second receiving arm (15 right).
Richards does not disclose the use of an outdoor device of a sliding fastener.
It would have been obvious to one of ordinary skill in the art prior to the effective filing date to modify the device as disclosed in Richards to include a sliding fastener as disclosed by the applicant since sliding fasteners are conventional and well known in the art; and the device to be used outside as a means for playing a musical instrument outdoors.
Regarding claim 9, Richards discloses wherein the strap is comprised of a wherein the first receiving arm (15 left) and the second receiving arm (15 right) are comprised of a padding (19).
Regarding claim 10, Richards discloses wherein the strap is comprised of an adjustment fastener, buckle or a sliding fastener (see paragraph 0025).
Regarding claim 11, Richards discloses wherein the strap is comprised of a securing fastener, a clip or a buckle (see paragraph 0025).
Regarding claim 14, Richards discloses the use of an instrument-holding device
the method comprising the following steps: providing an outdoor instrument-holding device comprised of a strap(12), a mounting plate (11), and a receiving arm (15); placing the strap through an opening of the mounting plate (not labeled, see the strap passing through the opening in figure 12); placing the strap around an object and securing the strap around the object (see paragraph 0001) via a securing fastener (paragraph 0025).
Richards does not specifically disclose a placement.
However, it would have been obvious to one of ordinary skill in the art prior to the effective filing date to modify the device as disclosed in Richards to include the strap as disclosed in Moreau, a bendable arm and a metal plate since the use of metal plates and bendable arms are conventional and well known in the art; and where the device to be used outside since it has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations. Ex parte Masham, 2 USPQ2d 1647; and to place an instrument in the receiving arm at a position above ground that is comfortable to the user.
Regarding claims 15 and 16, Richards discloses wherein the strap is comprised of an adjustment fastener, buckle or a sliding fastener (see paragraph 0025).
Regarding claims 17 and 18 Richards discloses wherein the strap is comprised of a securing fastener, a clip or a buckle (see paragraph 0025).
Regarding claim 19, Richards discloses wherein the receiving arm is comprised of a padding (19).
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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
Response to Arguments
Applicant's arguments filed 2/26/26 have been fully considered but they are not persuasive.
Regarding the applicant’s arguments that the prior art références do not recite the use of a nylon strap, Moreau discloses the use of a nylon strap that is one inch in width (paragraph 0052).
Regarding the applicant’s arguments that the prior art références do not recite the use of a bendable arm, a metal plate, or a sliding fastener. However, it would have been obvious to one of ordinary skill in the art prior to the effective filing date to modify the device as disclosed in Richards to include a bendable arm, a sliding fastener and a metal plate since the use of sliding fasteners, metal plates, and bendable arms are conventional and well known in the art.
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Dedei Hammond can be reached at 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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/KIMBERLY R LOCKETT/Primary Examiner, Art Unit 2837
