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 .
Preliminary Amendment
The claims filed 3/26/2024, referred to in the correspondence by the applicant on 3/26/2024 as being corrected claim language, are understood to be amended claims, and are treated as a preliminary amendment. Therefore, such amendment filed 3/26/2024 has been entered.
The examiner directs the applicant to 37 CFR 1.121(c) and MPEP 714(II)(C) when making amendments to the claims, including preliminary amendments prior to examination. Particularly, “all claims being currently amended must be presented with markings to indicate the changes that have been made relative to the immediate prior version. The changes in any amended claim must be shown by strike-through (for deleted matter) or underlining (for added matter) with 2 exceptions: (1) for deletion of five or fewer consecutive characters, double brackets may be used (e.g., [[eroor]]); (2) if strike-through cannot be easily perceived (e.g., deletion of number "4" or certain punctuation marks), double brackets must be used (e.g., [[4]]). As an alternative to using double brackets, however, extra portions of text may be included before and after text being deleted, all in strike-through, followed by including and underlining the extra text with the desired change (e.g., number 4 as number 14 as ). An accompanying clean version is not required and should not be presented. Only claims of the status "currently amended" or "withdrawn" will include markings”.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, rest piece having more than one open curved hole slot of Claim 1 line 2 (the examiner notes that the phrasing “at least one open curved hole slot” includes in the scope of the claim both the case in which only one open curved hole slot is included and the case in which more than one open curved hole slot is included, the latter of which is not shown in the Drawings), the lower left quadrant and lower right quadrant of the rest piece such that the open curved hole slot path originates from the left lower quadrant and such that the open curved hole slot path originates from the right lower quadrant of Claim 1 lines 3-4, the at least one curvature having a radius of between 10 mm and 35 mm of Claim 1 lines 4-5, and the embossed textures, the debossed textures, the high friction grip, and the adhesive grip of Claim 2 lines 1-2 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Claim Objections
Claims 1-2 are objected to because of the following informalities:
Claim 1 line 3 “the rest piece position” should be --a position of the rest piece--
Claim 1 line 3 “the lower left quadrant” should be --a lower left quadrant--
Appropriate correction is required.
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.
Claims 1 and 2 are 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 pre-AIA the applicant regards as the invention.
With regards to Claims 1 and 2, Claim 1 line 3 recites the phrasing “the open curved hole slot path”. There is insufficient antecedent basis for this limitation in the claim language. Furthermore, it is unclear as to how the open curved hole slot path is structurally related to the at least one open curved hole slot, and particularly to the at least one curvature having a radius of between 10 mm and 35 mm which is measured along the centerline of the open curved hole slot path. Additionally, Claim 1 line 4 recites the phrasing “the open curved hole slot”, and it is unclear as to whether this limitation (i.e. that “the open curved hole slot” incorporates at least one curvature having a radius of between 10 mm and 35 mm measured along the centerline of the open curved hole slot path) intends to apply to each of the at least one open curved hole slot (including the case in which there are more than one open curved hole slots), intends only to apply to one of the at least one open curved hole slot (and thereby not applying to the other of the open curved hole slots in the case of having more than one open curved hole slot), or whether the limitation intends to apply to at least one of the at least one open curved hole slot (and thereby applying to one or more of the curved hole slots in the case of the rest piece having more than one curved hole slot). For the purpose of examination, the examiner understands this limitation such that the rest piece has at least one open curved hole slot through which fasteners or a mounting system can secure a position of the rest piece, each open curved hole slot forms a path which originates from a lower left quadrant or a lower right quadrant of the rest piece and continues upward, each open curved hole slot path incorporates at least one curvature having a radius of between 10 mm and 35 mm, measured along a centerline of each respective open curved hole slot path. The applicant is encouraged to clarify in the claim language the structural relationship between the open curved hole slot(s) and the open curved hole slot path(s), fully supported by the original disclosure.
Allowable Subject Matter
Claims 1 and 2 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter:
With regards to Claim 1 and Claim 2, the prior art of record fails to disclose or fairly suggest the open curved hole slot path originates from the left lower quadrant or right lower quadrant of the rest piece, in combination with the remaining limitations of Claim 1 as best understood by the examiner (see the above discussion of the rejection of Claim 1 under 35 U.S.C. 112(b) for the examiner’s understanding of the scope of Claim 1).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. In addition to the prior art discussed in this action, the applicant is directed to form 892, and particularly the references Yamada (JP H1039859), which discloses at least a rest piece for a woodwind instrument including an open curved hole slot for mounting the rest piece position and including a curvature along a centerline of an open curve dhole slot path thereof, Lv (CN 212208895), which discloses at least a rest piece for a woodwind instrument including an open curved hole slot for mounting the rest piece position and including a curvature along a centerline of an open curved hole slot path thereof, Guo (CN 202976808), which discloses at least a rest piece for a woodwind instrument including an open hole slot for mounting the rest piece position originating in a lower left or right quadrant of the rest piece and extending upwards, and 石森 信二 (JP 4499820), which discloses at least a rest piece for a woodwind instrument including an open curved hole slot for mounting the rest piece position originating in a lower left or right quadrant of the rest piece and extending upwards along a centerline of an open curved hole slot path.
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.
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/ERIN KRYUKOVA/Primary Examiner, Art Unit 2875