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 § 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 7 and 8 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.
Claims 7 and 8, recite a method of converting a reeded mouthpiece to a flute by replacing a mouthpiece and a method of converting a reeded mouthpiece to a brass horn-style by replacing a mouthpiece. It is unclear how this is being done?
It does not appear that the reed woodwind instrument is being converted to a flute, the adaptor is being placed on a flute. Clarification is required.
It does not appear that the reed woodwind instrument is being converted to a brass horn-style instrument, the adaptor is being placed on a brass horn-style instrument. Clarification is required.
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, 2, and 4-6 are is/are rejected under 35 U.S.C. 103 as being unpatentable over DE202005014955 in view of Onozawa (US20050217464).
Regarding claim 1, DE202005014955 discloses the use of an adaptor for a reed woodwind instrument, the adaptor comprising: a connection tube (2) extending from a first end to a second end; a mouthpiece (A) fluidly coupled to the first end; and a tonal ramp (7) disposed between the first and second ends of the connection tube (see the ends in figure 1).
DE202005014955 does not disclose a second end configured to associate with a reed woodwind instrument.
Onozawa (US20050217464) discloses the second end of a mouthpiece (20) configured to associate with the reed (22) woodwind instrument (2) so that a flow of air urged through the mouthpiece enters a body of the reed woodwind instrument.
It would have been obvious to one of ordinary skill in the art prior to the effective filing date at the time the invention was made to modify the device as disclosed in DE202005014955 to include the attachment means as disclosed in Onozawa in order to provide a mouthpiece capable of producing various sounds.
Regarding claim 2, DE202005014955 discloses wherein the mouthpiece is a recorder-style mouthpiece (see the abstract).
Regarding claims 4-6, DE202005014955 and Onozawa (US20050217464) do not disclose a specific mouthpiece style.
However, it would have been obvious to one of ordinary skill in the art prior to the effective filing date at the time the invention was made to modify the device as disclosed in DE202005014955 to include the attachment means as disclosed in Onozawa; and the shakuhachi-style, brass-horn-style, flute-style mouthpieces having a tonal hole for producing tones by directing an air flow across an edge of the tonal hole as recited by the applicant since tonal holes produces tones be directing airflow and the use of varying mouthpiece types with tone holes for assisting with airflow is 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