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
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)(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 1 and 2 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by WO2021071108.
Regarding claim 1, WO2021071108 discloses the use of a kit, comprising: an actuator (100); and at least one thumbscrew assembly, at least one clip, or at least one clamp (400), wherein the at least one thumbscrew assembly, the at least one clip, or the at least one clamp (400) is configured to secure the actuator against an end-pin (200, 300) of an upright musical instrument (1).
Regarding claim 2, WO2021071108 discloses the end-pin (200,300) of the upright musical instrument (1).
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 3, 5, 7- 9, 11, 12, and 15-19 are rejected under 35 U.S.C. 103 as being unpatentable over WO2021071108.
WO2021071108 discloses the use of a kit, comprising: an actuator (100); and at least one thumbscrew assembly, at least one clip, or at least one clamp (400), wherein the at least one thumbscrew assembly, the at least one clip, or the at least one clamp (400) is configured to secure the actuator against an end-pin (200, 300) of an upright musical instrument (1).
Regarding claim 3, WO2021071108 does not disclose a grommet configured to be inserted into a hollow center of the actuator.
However, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the device as disclosed in WO2021071108 to include the use of a grommet since grommets are well known as a protection means when attaching elements.
Regarding claim 5, WO2021071108 does not disclose two thumbscrews.
It would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the device as disclosed in WO2021071108 to include two thumbscrew assemblies since multiple thumbscrew assemblies are well known in the art as a means of reinforcing connections.
Regarding claim 7, WO2021071108 further comprises, wherein the thumbscrew assembly (400) comprises a hollow portion configured to allow insertion of the end-pin into the the thumbscrew assembly (see figure 3).
Regarding claim 8, WO2021071108 discloses the use of a composition comprising: an end-pin (200,300) of an upright musical instrument; and an actuator (100) , wherein the end-pin is in contact with the actuator (see figures 1 and 3).
Regarding claim 9, WO2021071108 further comprising at least one thumbscrew assembly, at least one clip, or at least one clamp (400) that secures the end-pin to the actuator (see figure 2).
Regarding claim 11, WO2021071108 does disclose wherein the end-pin is in contact with the actuator via threading the end-pin through a hollow center of the actuator.
However, It would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the device as disclosed in WO2021071108 to include a threaded endpin since threading ends of elements to connect to other elements is conventional and well known in the art.
Regarding claim 12, WO2021071108 does not disclose the use of a grommet.
However, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the device as disclosed in WO2021071108 to include the use of a grommet configured to be inserted into a hollow center of the actuator.
since grommets are well known as a movement protection means when attaching elements.
Regarding claim 15, wherein the end-pin is permanently affixed to the actuator.
It would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the device as disclosed in WO2021071108 to include ta menas for permanently affixing the endpin to the actuator as a matter of design choice.
Regarding claim 16, WO2021071108 discloses a method of actuating an upright musical instrument (1), comprising connecting an end-pin (200,300) of the upright musical instrument (1) to an actuator (100).
Regarding claim 17, WO2021071108 discloses wherein the end-pin is connected to the actuator using a thumbscrew assembly, a clip, or a clamp (400).
Regarding claim 18, WO2021071108 does not disclose wherein connecting the end-pin to the actuator results in permanently affixing the actuator to the end-pin.
It would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the device as disclosed in WO2021071108 to include when connecting the endpin to the actuator permanently affixes the endpin to the actuator as a matter of design choice.
Regarding claim 19, WO2021071108 further comprises a thumbscrew assembly(400), wherein the thumbscrew assembly (400) comprises a hollow portion, wherein the end-pin (200,300) is connected to the thumbscrew assembly through insertion of the end-pin into the hollow portion of the thumbscrew assembly (see figure 3).
Claims 4, 6 ,10, 13,14, and 20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
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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/KIMBERLY R LOCKETT/Primary Examiner, Art Unit 2837