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 Amendment
The amendment filed 11/24/2025 has been entered.
The examiner acknowledges Claims 1-9 are cancelled and new claims 10-15 are pending.
The objections over the Specification presented in the Office Action mailed 8/26/2025 have been withdrawn based on the amendment filed 11/24/2025.
The rejections under 35 U.S.C. 112(b) presented in the Office Action mailed 8/26/2025 have been withdrawn based on the amendment filed 11/24/2025.
The rejections under 35 U.S.C. 103 presented in the Office Action mailed 8/26/2025 have been withdrawn based on the amendment filed 11/24/2025. However, after further search and consideration based on the clarity and definition of the invention as presented in the claims filed 11/24/2025, new prior art rejections based on the amendments filed 11/24/2025 are presented herein.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 10 and 14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cordes (US 3,705,528).
With regards to Claim 10, Cordes discloses a cymbal mounting and retaining device [10] for mounting on a threaded rod [12,14] of a cymbal stand (see column 2 lines 20-26 and Figure 1) designed such that a cymbal [36] rests on a felt washer [22] without contacting the device [10] (see column 3 lines 3-5 and Figure 1), comprising: a threaded body [24] having internal threads configured to engage the threaded rod [12,14] of the cymbal stand (see column 2 lines 34-37 and Figure 1) having: an outer diameter dimensioned to be smaller than a center hole diameter of a cymbal [36] such that the cymbal [36] can slide over the threaded body [24] without contact (see column 2 lines 62-67 and column 3 lines 1-6 and column 4 lines 4-6 and Figure 1); an axial length of the device [10] dimensioned to retain a cymbal [36] and felt washer [22] on the threaded rod [12,14] (see Figure 1), and a configuration to be permanently threaded onto the threaded rod [12,14] to eliminate need for a separate upper felt washer and butterfly nut above the cymbal (see column 1 lines 28-40 and column 1 lines 51-59); a neck [26] extending axially upward from said threaded body [24] (see column 2 lines 35-41 and Figure 1); a shoulder [28] positioned between said threaded body [24] and said neck [26] (see column 2 lines 41-44 and Figure 1), said shoulder [28] having an angled surface (see column 2 lines 41-44 and Figure 1); a top section [32] extending horizontally in opposite directions from said neck [26] (see column 2 lines 45-47 and Figures 1 and 2), said top section [32] having: a length dimensioned to retain a cymbal [36] and felt washer [22] on the threaded rod [12,14] when a cymbal stand is in use (see column 1 lines 63-67, column 2 lines 1-column 2 lines 62-67 and column 3 lines 1-5 and Figure 1); a width smaller than the center hole diameter of a cymbal [36] such that the cymbal [36] can slide over (see column 2 lines 54-67 and Figure 1); dimensioned to prevent the cymbal [36] and felt washer [22] from falling off when the cymbal stand is in use (see column 1 lines 44-48 and column 2 lines 20-55 and Figure 1; the felt washer [22] substantially has an inner hole diameter to allow it to surround the sleeve [20] and the length of the top section [32] substantially has a length extending beyond the diameter of the inner hole of the felt washer [22]).
With regards to Claim 14, Cordes discloses the device as discussed above with regards to Claim 10.
Cordes further discloses said shoulder [28] has an angled surface that enables one-handed operation of cymbal mounting and removal (see column 2 lines 40-45, column 2 lines 63-68, and column 3 lines 1-6 and Figure 1; the shoulder [28] substantially facilitates cymbal mounting and removal and substantially enables one-handed operation of cymbal mounting and removal).
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 11 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Cordes (US 3,705,528) in view of Hallerberg (US 2004/0094016).
With regards to Claim 11, Cordes discloses the device as discussed above with regards to Claim 10.
Cordes does not disclose flat surfaces on the threaded body configured to receive a conventional open-end wrench for installation onto the threaded rod.
Hallerberg teaches using flat surfaces on the threaded body [2] for installation onto the threaded rod [3a] (see paragraphs 16 and 17 and Figures 2 and 3; the body [2] having internal threads includes flat surfaces about a periphery of portion [2a] capable of mating with a hexagonal nutdriver).
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 device of Cordes to include flat surfaces on the threaded body for installation onto the threaded rod, as taught by Hallerberg. One would have been motivated to do so in order to sufficiently tighten the threaded body onto the threaded rod (see Hallerberg paragraph 17).
Hallerberg does not explicitly disclose the flat surfaces are configured to receive a conventional open-end wrench. However, Hallerberg does disclose a substantially hexagonal shape of the threaded body portion [2a] (see Hallerberg paragraph 17 and Figure 2) to facilitate installation onto the threaded rod [3a] using a hexagonal nutdriver (see Hallerberg paragraph 17), and utilizing other conventional fastening methods such as using a drum turning key (see Hallerberg paragraph 18), a straight screwdriver, a Phillips screwdriver, a square-drive type screwdriver (see Hallerberg paragraphs 19-21), an Allen wrench (see Hallerberg paragraph 22), or a knurl for increased grip when tightening by hand (see Hallerberg paragraph 23). While Hallerberg does not explicitly disclose using a conventional open-end wrench, one of ordinary skill in the art would be able to utilize a threaded body such as that of Hallerberg in combination with a conventional open end wrench for fastening the threaded body onto the threaded rod [3a]. 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 threaded body with flat surfaces of Cordes and Hallerberg such that the flat surfaces are configured to receive a conventional open-end wrench. One would have been motivated to do so in order to utilize a conventional fastening method incorporating a conventional fastening tool (see Hallerberg paragraphs 17-22).
With regards to Claim 15, Cordes discloses the device as discussed above with regards to Claim 10.
Cordes further discloses said device, once tightened to said secured position, remains fixed on the threaded rod without requiring repositioning or adjustment during cymbal installation, removal, or replacement, thereby enabling consistent cymbal positioning without repeated component adjustment across multiple cymbal changes (see column 2 lines 55-63).
Cordes does not disclose said threaded body includes a pair of opposing flat surfaces dimensioned to receive a conventional open-end wrench; said internal threads and said opposing flat surfaces cooperate to enable tool-based tightening of said device onto the threaded rod to a secured position.
Hallerberg teaches using flat surfaces including a pair of opposing flat surfaces on the threaded body [2] for installation onto the threaded rod [3a] (see paragraphs 16 and 17 and Figures 2 and 3; the body [2] having internal threads includes flat surfaces about a periphery of portion [2a] capable of mating with a hexagonal nutdriver); said internal threads (see paragraph 17; the threaded body [2] includes internal threads for screwing the body [2] down on the threaded rod [3a]) and said opposing flat surfaces cooperate to enable tool-based tightening of said device onto the threaded rod [3a] to a secured position (see paragraphs 17 and 18-22).
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 device of Cordes to include a pair of opposing flat surfaces on the threaded body for installation onto the threaded rod, said internal threads and said opposing flat surfaces cooperate to enable tool-based tightening of said device onto the threaded rod to a secured position, as taught by Hallerberg. One would have been motivated to do so in order to sufficiently tighten the threaded body onto the threaded rod (see Hallerberg paragraph 17).
Hallerberg does not explicitly disclose the pair of opposing flat surfaces dimensioned to receive a conventional open-end wrench. However, Hallerberg does disclose a substantially hexagonal shape of the threaded body portion [2a] (see Hallerberg paragraph 17 and Figure 2) to facilitate installation onto the threaded rod [3a] using a hexagonal nutdriver (see Hallerberg paragraph 17), and utilizing other conventional fastening methods such as using a drum turning key (see Hallerberg paragraph 18), a straight screwdriver, a Phillips screwdriver, a square-drive type screwdriver (see Hallerberg paragraphs 19-21), an Allen wrench (see Hallerberg paragraph 22), or a knurl for increased grip when tightening by hand (see Hallerberg paragraph 23). While Hallerberg does not explicitly disclose using a conventional open-end wrench, one of ordinary skill in the art would be able to utilize a threaded body such as that of Hallerberg in combination with a conventional open end wrench for fastening the threaded body onto the threaded rod [3a]. 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 threaded body with pair of opposing flat surfaces of Cordes and Hallerberg such that the pair of flat surfaces are dimensioned to receive a conventional open-end wrench. One would have been motivated to do so in order to utilize a conventional fastening method incorporating a conventional fastening tool (see Hallerberg paragraphs 17-22) such as a conventional wrench.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Cordes (US 3,705,528) in view of DiPietro (US 2005/0056137).
With regards to Claim 12, Cordes discloses the device as discussed above with regards to Claim 10.
Cordes further discloses said internal threads have a thread length configured to accommodate a threaded rod length of industry standard cymbal stands (see column 4 lines 28-30).
Cordes does not explicitly disclose said internal threads have a thread length configured to accommodate various threaded rod lengths of industry standard cymbal stands.
DiPietro teaches said internal threads (comprising the internal threads of DiPietro’s body [14]) have a thread length configured to accommodate various threaded rod lengths of industry standard cymbal stands (see paragraph 140 and Figures 17A and 17B; DiPietro contemplates the elongated cavity [40] having the internal threads being of different dimensions to accommodate a different dimension of the rod to which the cymbal is being attached).
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 internal threads of Cordes to have a thread length configured to accommodate various threaded rod lengths of industry standard cymbal stands, as taught by DiPietro. One would have been motivated to do so in order to attach a cymbal to a threaded rod with larger dimensions (see DiPietro paragraph 140).
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Cordes (US 3,705,528).
With regards to Claim 13, Cordes discloses the device as discussed above with regards to Claim 10.
Cordes further discloses said device is manufactured from a material selected from the group consisting of metal, steel, aluminum, or rigid plastic using subtractive or additive manufacturing processes (see column 1 lines 51-52; the device is manufactured to be rigid, and column 3 lines 13-29; the examiner notes that the limitation that the device is manufactured using subtractive or additive manufacturing processes is a product-by-process limitation not given patentable weight in the present claim, but notes that the device of Cordes can be formed in one piece by plastic molding, thereby the invention of Cordes is substantially capable of being manufactured using subtractive or additive manufacturing processes).
Response to Arguments
Applicant's arguments filed 11/24/2025 have been fully considered.
In light of the amendments to the Claims, particularly the cancellation of Claims 1-9, the rejections of Claims 1-9 have been withdrawn. However, upon consideration of the new Claims 10-15, including clarified definition of the invention and including within the claim scope structure/features not required by Claims 1-9, new prior art rejections have been included in the present Office Action based on the scope of Claims 10-15. Therefore, while the applicant has presented persuasive arguments in the reply filed 11/25/2025 as to the novelty of the present invention over that of the prior art references included in the Office Action mailed 8/26/2025, further prior art rejections are presented herein including at least the Cordes reference, found to be the closest prior art reference to that of the clarified present invention.
Conclusion
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIN KRYUKOVA whose telephone number is (571)272-3761. The examiner can normally be reached M-F 9a.m. - 4p.m.
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, Jong-Suk (James) Lee can be reached at 5712727044. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ERIN KRYUKOVA/Primary Examiner, Art Unit 2875