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 § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claim(s) 1-2, 7-11, 15, and 17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by 8,106,279 to Chang.
Regarding claims 1-2, 7-11, 15, and 17, Chang discloses a device comprising:
a suction channel (110);
a suction source comprising a fan (112);
a desiccant (see compartment 115 with desiccant; col. 4, ll. 36-48); and
wherein the device is a handheld device operable to remove moisture from a reed of a wood-wind musical instrument (note the device of Chang is fully capable of being held by hand and removing moisture from a woodwind instrument with reed),
wherein the fan is connected to a proximal end of the suction channel (see various configurations in Figs. 1-4b),
wherein a compartment (115) at a distal end of the suction channel comprises the desiccant (see above),
wherein the desiccant comprises at least one of: a silica gel and a humidity control pouch (the compartmented moisture absorbing agent of Chang reads on a humidity control pouch),
wherein the fan is operated using a switch (see fan operations control unit 114, see also col. 6, ll. 23-25 and controlling the fan with a switch),
wherein the fan removes the moisture by suction of the moisture into the compartment comprising the desiccant (see above, and Fig. 4A and associated text),
wherein the fan is attached to a suction connector in the suction channel to provide a suction force manifestly the enclosure 111 around fan 112 functions as a suction connector that provides suction force with the fan),
wherein the device further comprises a processor that is operable to turn on the suction source of suction force (see col. 2, ll. 30-32, particularly the control unit and printed circuit board),
the device is switched on and off using the switch on the device (see switch recitation above for operating on/off).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 3-6, 14, 16, and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chang in view of US 2018/0357986 to Chisholm.
Regarding claims 3-6, Chang discloses the claimed invention with the exception of the device further comprises a recess connected to a tubing (claim 3), the device is attachable to the woodwind musical instrument through the recess to remove the moisture from the reed of the woodwind musical instrument (claim 4), wherein the device is attachable to a mouthpiece of the woodwind musical instrument (claim 5), or wherein the recess is made of flexible material configured to secure the device onto the mouthpiece despite variations in size of the mouthpiece (claim 6). Chisholm teaches an art-related device for dehumidifying a reed of a woodwind instrument wherein the reed is inserted into a recess of device (30) connected to a tubing (60) (see Fig. 1), the device attachable to a woodwind musical instrument and attachable to the reed/mouthpiece of the instrument (see Figs. 2A-2B), and the device being made of a flexible material capable of receiving different sized mouthpieces (see ¶ [0058]).
Therefore, the position is taken that it would have been obvious to one having ordinary skill in the art at the time of effective filing to modify the device of Chang to receive a musical instrument mouthpiece/reed, such as that taught in Chisholm, to yield the same and predictable results of dehumidifying/drying a woodwind instrument reed.
Regarding claims 14 and 16 Chang, supra, discloses the claimed invention including a processor and a sensor for monitoring a condition. Chang does not expressly disclose using a humidity sensor to control humidity levels. Chisholm teaches that it is known to provide a musical instrument dehumidifying device with a humidity sensor for monitoring and controlling humidity (see hygrometer 100 and ¶ [0064]).
Therefore, the position is taken that it would have been obvious at the time of effective filing to provide the dehumidifying device of Chang with a humidity sensor, such as that taught in Chisholm, to yield the same and predictable results of monitoring and controlling humidity.
Regarding claim 18 Chang, supra, discloses the claimed invention including processing means and switching the device on/off. Chang does not expressly disclose control access via a remote controller. Chisholm teaches controlling a dehumidifying device wirelessly to a computer or device (see ¶ [0066]).
Therefore, the position is taken that it would have been obvious to one having ordinary skill in the art at the time of effective filing to control the device of Chang to a remote controller, such as that taught in Chisholm, to yield the same and predictable results of remotely controlling the device.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chang in view of JP 2012-524286 (“JP ‘286”).
Chang, supra, discloses the claimed invention including drying/dehumidifying a musical instrument. Chang does not expressly discloses using ultraviolet (UV) for sterilization. However, such configuration is old and known in the art. For instance, JP ’286 teaches that it is known to provide a device that dehumidifies a wind instrument reed and sterilizes using an ultraviolet LED (see abstract and citations of UV LED 5).
Therefore, the position is taken that it would have been obvious at the time of effective filing to provide the drying device of Chang with UV, such as that taught in JP ‘286, to yield the same and predictable results of providing sterilization to a musical instrument component.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 7,795,522 to Chang, which discloses a moisture drying apparatus for wind musical instruments.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH L PERRIN whose telephone number is (571)272-1305. The examiner can normally be reached M-F 7:30-4:00.
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, Michael E. Barr can be reached at 571-272-1414. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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Joseph L. Perrin, Ph.D.
Primary Examiner
Art Unit 1711
/Joseph L. Perrin/Primary Examiner, Art Unit 1711
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