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 06/18/2026 (hereafter “the amendment”) has been accepted and entered.
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.
Claim 8 is 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.
Claim 8 recites the limitation " a plurality of the spring clips" in 4. There is insufficient antecedent basis for this limitation in the claim because in line 3 applicant already claimed the “plurality of spring clips” so it is unclear if they are new spring clips or the same ones. For purpose of examination, the limitation will be interpreted as “the plurality of the spring clips”.
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.
Claim(s) 8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Edna (US2968394A)
Regarding claim 8, as best understood based on 112 issue identified above, Edna teaches a harmonica container, comprising (fig.2 shows the container that is capable of holding a harmonica):
a housing (fig.1 and 6 shows the container 10);
a spring clip arrangement including plurality of spring clips arranged as a grid and connected together to form a cage with the plurality of the spring clips being located on each of two opposite sides of the cage, wherein the spring clips are arranged to contact opposite surfaces of the harmonica, wherein the spring clip arrangement is insertable into the housing and contained entirely therein in a closed state of the housing (fig.6 shows the spring clip 15 with two i.e. plurality clips arranged as grip and located on the oppose sides of the case and connected to oppose surfaces of the harmonica and clip is insertable into the housing and contained within the housing; it is noted that containing within the housing is not positively claimed or the harmonica).
Allowable Subject Matter
Claims 1-7 and 9-20 are allowed.
Response to Arguments
Applicant's arguments filed 06/18/2026 have been fully considered but they are not persuasive. Applicants’ new amendments of positively claiming the harmonica in claim 1 got over the prior art. However, applicant made claim 8 independent claim which still reads on prior art Edna and also includes 112 issues that need to be addressed because as of right now applicant appears to contradict the claim by claiming two pluralities of the spring clips. Applicant argues claim 15 as the spring clips are not insertable in the housing however applicant does not positively claim that as the claim recites “insertable” which is a capable to language. Regarding the intended use of the claimed invention “configured to.....”, 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. If the prior art structure is capable of performing the intended use, then it meets the claim. Ex parte Masham, 2 USPQ2d 1647 (1987).). Also, applicant does not claim harmonica at all in claim 8 even though applicant states in the arguments that claim 8 is a combination of the harmonica and the housing. Arguments to other claims are moot as those claims are indicated as allowable.
Conclusion
THIS ACTION IS MADE FINAL. 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 PRINCE PAL whose telephone number is (571)272-7525. The examiner can normally be reached M-Th, 9:30 AM - 7:30 PM (EST).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, ANTHONY STASHICK can be reached at (571)272-4561. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PRINCE PAL/Examiner, Art Unit 3735
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