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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 02/10/2026 has been entered.
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) 1-18 and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Edna (US2968394A).
Regarding claim 1, Edna teaches a Harmonica instrument container (fig.2 shows the container that is capable of holding an musical instrument), comprising:
a housing (fig.1 and 6 shows the container 10); and
at least one spring clip located at least one of on or in the housing which is designed to bear against a surface of a harmonica inserted in the housing such that the at least one spring clip holds the harmonica in the housing (fig.1 and 6 shows the clip 15 that is located on or in the container 10 depending on the user’s choice and capable of bearing against a surface of a harmonica inserted in the housing such that the at least one spring clip holds the harmonica in the housing; it is noted that by stating “designed to bear against” is a configured to limitation and applicant is not positively claiming the instrument and holds no patently value, as long as the spring clip can bear against any musical instrument that is inserted in the container; 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).).
Regarding claim 2, the references as applied to claim 1 above discloses all the limitations substantially claimed. Edna further teaches wherein the at least one spring clip is strip-shaped at least in a contact portion that is adapted to contact the surface of the harmonica (fig.1 shows the clip 15 being strop-shaped at the wings 15a and 15b that are adapted to contact the inserted instrument).
Regarding claim 3, the references as applied to claim 1 above discloses all the limitations substantially claimed. Edna further teaches wherein the at least one spring clip is formed on an inner part that is locatable in the housing (fig.6 shows the clip 15 that is formed on the inner part that is located in the container 10).
Regarding claim 4, the references as applied to claim 1 above discloses all the limitations substantially claimed. Edna further teaches wherein the at least one spring clip is arranged removably on or in the housing, as part of the inner part which is removable from the housing (fig.1 and 6 shows the clip 15 is arranged removably in the housing as spart of the inner part).
Regarding claim 5, the references as applied to claim 1 above discloses all the limitations substantially claimed. Edna further teaches wherein the at least one spring clip bounds a receiving space for the harmonica in at least two directions (fig.6 shows the clip 15 bounds the space for the instrument in two directions).
Regarding claim 6, the references as applied to claim 3 above discloses all the limitations substantially claimed. Edna further teaches wherein the at least one spring clip is at least one of fastened or supported at least at one of ends thereof and at least two points thereon on the removable inner part (fig.1-9 shows the spring clip 15 that is fastened at one of the ends and the two points created on the inner part; see annotated fig.2 below).
Annotated fig.2 of Edna
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Regarding claim 7, the references as applied to claim 1 above discloses all the limitations substantially claimed. Edna further teaches wherein the at least one spring clip includes at least two of the spring clips arranged in an encircling manner (fig.1-9 shows the clip 12 having two springs 15a and 15b arranged in an encircling manner).
Regarding claim 8, the references as applied to claim 1 above discloses all the limitations substantially claimed. Edna further teaches wherein the at least one spring clip includes a plurality of the spring clips arranged as a grid and form a cage that contacts the surface of the harmonica (fig.6 shows the clip 15 includes two legs 15a and 15b that are arranged as a grid and form a cage).
Regarding claim 9, the references as applied to claim 1 above discloses all the limitations substantially claimed. Edna further teaches wherein the at least one spring clip comprises a first spring clip and at least one further spring clip which are designed to bear against the surface of the harmonica, and at least one of the further spring clip is connected to the first spring clip, the first spring clip and the further spring clip are arranged the housing in such that the first spring clip and the further spring clip clamp each other over the harmonica (fig.9 shows the clip 15 has two spring slips 15a and 15b that are desired to bear against the inserted instrument and the springs 15a and 15b are connected and are arranged in the housing such that they are capable of clamping each other over the inserted instrument).
Regarding claim 10, the references as applied to claim 1 above discloses all the limitations substantially claimed. Edna further teaches wherein the at least one spring clip is supported on the housing (fig.6 shows the spring 15 being supported on container 10).
Regarding claim 11, the references as applied to claim 1 above discloses all the limitations substantially claimed. Edna further teaches wherein the at least one spring clip spans a distance between the housing and the inserted harmonica (fig.1-9 shows the clip 15 distance spans between the container 10 and the instated instrument).
Regarding claim 12, the references as applied to claim 1 above discloses all the limitations substantially claimed. Edna further teaches wherein the at least one spring clip has a surface formed of plastic (fig.2 and 6 the clip 15 is constructed from plastic or metal).
Regarding claim 13, the references as applied to claim 3 above discloses all the limitations substantially claimed. Edna further teaches wherein the inner part having the at least one spring clip is at least one of formed integrally (fig.1-9 the clip 15 is formed integrally).
Regarding claim 14, the references as applied to claim 1 above discloses all the limitations substantially claimed. Edna further teaches wherein the housing is dimensionally stable (fig.1 and 6 the clip 15 is dimensionally stable).
Regarding claim 15, the references as applied to claim 1 above discloses all the limitations substantially claimed. Edna further teaches wherein the housing has at least two housing shells which are connected to each other (fig.1 shows the housing having 11 and 10 are two shells connected to each other).
Regarding claim 16, the references as applied to claim 15 above discloses all the limitations substantially claimed. Edna further teaches wherein at least one of the housing shells of the housing forms more than one half, of a surface of the housing (fig.2 shows the bottom housing 10 forms more than one half of the surface of the either invention).
Regarding claim 17, the references as applied to claim 15 above discloses all the limitations substantially claimed. Edna further teaches wherein the at least one spring clip is substantially or completely accommodated by one of the at least two housing shells (fig.3 shows the clip 15 is substantially accommodated by the bottom housing 10).
Regarding claim 18, the references as applied to claim 1 above discloses all the limitations substantially claimed. Edna further teaches wherein the at least one spring clip creates a receiving space which holds the harmonica in the housing at least one of a) on all sides at a distance from the housing (fig.1-9 the clip 15 is capable of creating a receiving space that holds the inserted instrument from all sides at a distance from the housing).
Regarding claim 20, the references as applied to claim 1 above discloses all the limitations substantially claimed. Edna further teaches wherein the at least one spring clip is configured to accommodate harmonicas of differing shapes and/or differing sizes (fig.1 and 6 the clip 15 is capable of accommodating instruments of different shapes and sizes).
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.
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over references as applied to claim 1 above and further in view of Hodges (US20230271772A1).
Regarding claim 19, the references as applied to claim 1 above discloses all the limitations substantially claimed. Edna does not teach wherein the housing has at least first and second housing shells which are movable relative to one another, in particular are pivotable relative to one another, in particular wherein a and at least one of the first housing shell has a holding region for contacting by a hand, or the second housing shell have/has an actuating region for contacting by a finger of a hand.
Hodges does teach wherein the housing has at least first and second housing shells which are movable relative to one another, in particular are pivotable relative to one another, in particular wherein a and at least one of the first housing shell has a holding region for contacting by a hand, or the second housing shell have/has an actuating region for contacting by a finger of a hand (fig.1 and 2 show the two shells 2 and 1 that are pivotable connected to one another and the top shell 1 having a holding region at the front surface where number one is pointed for contacting a hand so that shell 1 can be lifted). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the upper shell disclosed by Edna by adding the teaching of a hinge as disclosed by Hodges in order to make it easier for the lid to be open and stored as the two portions will be joined together and it is less likely to come off than with ta non-hinged containers.
Response to Arguments
Applicant's arguments filed 02/10/2026 have been fully considered but they are not persuasive. Applicant’s amendments made to claim 1 changed nothing regarding the scope of the claims. As pointed in the last action, claims as written are VERY broad and are recommended to narrow the claims to the invention as described in the specification. Applicant still fails to positively claim the harmonica and still fails to positively claim that clip holds the harmonica because applicant still states “in the housing which is designed to” which is a configured to or a capable to language and fails to positively claim the harmonica. Amendments added no additional structure to the claim or further limit the claim to get over prior art. Applicant’s arguments are that prior art does not teach “such that the at least one spring clip holds the harmonica in the housing” once again such that is a functional language and does not politely claim that action . Even in the body of the claim applicant fails to positively claim the harmonica. The language used to for the musical instrument is a configured to language and as long as the prior art is capable of holding the instrument it reads on the said claim. 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).).
Conclusion
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/PRINCE PAL/Examiner, Art Unit 3735