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 .
Applications filed after March 15th 2013
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 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.
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)(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 20 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wolff (US 2004/0040923).
With regards to Claim 20, Wolff discloses a stand for supporting an elongated musical instrument comprising a first end, a second end, and a sidewall extending therebetween (the examiner notes that the limitation that the stand is for supporting an elongated musical instrument is intended use of the stand), the stand comprising: a plurality of elongated members [18] (see paragraph 25 and Figure 1); and a plurality of hubs (comprising the hubs formed between adjacent portions [12,22], see Figure 1) comprising multiple channels [16] configured to receive ends of the plurality of elongated members [18] (see paragraph 25 and Figure 1; at the hubs channels [16] are formed to receive an end of the elongated members [18] therein), wherein the plurality of elongated members [18] and the plurality of hubs are connected together forming an open frame configured for the elongated musical instrument to be inserted into or through the frame and to support the elongated musical instrument in an upright orientation (see paragraph and Figure 4; the elongated members [18] joined with the channels [16] of the hubs substantially form an open frame into which an elongated member [24] can be inserted into and supported therein in an upright position (see paragraph 26 and Figure 1).
Allowable Subject Matter
Claims 1-19 are allowed.
The following is an examiner’s statement of reasons for allowance:
With regards to Claim 1 and claims depending therefrom, the prior art of record fails to disclose or fairly suggest a musical instrument comprising: a housing comprising an open first end, an open second end, and a sidewall extending therebetween, the housing defining an internal volume, a first end cap covering the open first end of the housing, a second end cap covering the open second end of the housing, a barrier disc positioned in the internal volume dividing the internal volume into an upper portion and a lower portion, a first plurality of ribs positioned in the upper portion of the musical instrument arranged in a first pattern, a second plurality of ribs positioned in the lower portion of the musical instrument arranged in a second pattern, a first particle fill material in the upper portion of the internal volume, and a second particle fill material in the lower portion of the internal volume, as specifically called for in the claimed combinations.
The closest prior art, Rudkin (US 4,306,485) does not disclose a first plurality of ribs positioned in the upper portion of the musical instrument arranged in a first pattern, a second plurality of ribs positioned in the lower portion of the musical instrument arranged in a second pattern, as required by the claim and there is no motivation absent the applicant's own disclosure to modify the Rudkin reference in the manner required by the claims.
The closest prior art, Waldo (US 5,212,331) does not disclose a barrier disc positioned in the internal volume dividing the internal volume into the upper portion and the lower portion, a first plurality of ribs positioned in the upper portion of the musical instrument arranged in a first pattern, a first particle fill material in the upper portion of the internal volume, and a second particle fill material in the lower portion of the internal volume, as required by the claim and there is no motivation absent the applicant's own disclosure to modify the Waldo reference in the manner required by the claims.
While a musical instrument comprising a housing with a sidewall extending between first and second open ends of a housing, a first and second end cap closing the first and second open ends, a plurality of ribs formed within an interior volume of the housing, and a particle fill material disposed within the interior volume of the housing, the combination of a barrier disc positioned in the internal volume dividing the internal volume into an upper portion and a lower portion, a first plurality of ribs positioned in the upper portion of the musical instrument arranged in a first pattern, a second plurality of ribs positioned in the lower portion of the musical instrument arranged in a second pattern, a first particle fill material in the upper portion of the internal volume, and a second particle fill material in the lower portion of the internal volume is not disclosed in the prior art of record as required by the claim and there is no motivation absent the applicant's own disclosure to modify the prior art of record in the manner required by the claims.
With regards to Claim 19, the prior art of record fails to disclose or fairly suggest a musical instrument comprising a housing comprising an upper end, a lower end, and a sidewall extending therebetween, the housing defining an internal volume, a barrier disc positioned in the internal volume dividing the internal volume into an upper portion and a lower portion, a plurality of upper ribs positioned in the upper portion of the musical instrument arranged in a first pattern, at least two upper open discs positioned in the upper portion of the musical instrument, the plurality of upper ribs are disposed between the at least two upper open discs, upper particle fill material enclosed in the upper portion of the internal volume, a plurality of lower ribs positioned in the lower portion of the musical instrument arranged in a second pattern, at least two lower open discs positioned in the lower portion of the musical instrument, the plurality of lower ribs are disposed between the at least two lower open discs, and lower particle fill material enclosed in the lower portion of the internal volume, as specifically called for in the claimed combinations.
The closest prior art, Rudkin (US 4,306,485) does not disclose a plurality of upper ribs positioned in the upper portion of the musical instrument arranged in a first pattern, at least two upper open discs positioned in the upper portion of the musical instrument, the plurality of upper ribs are disposed between the at least two upper open discs, a plurality of lower ribs positioned in the lower portion of the musical instrument arranged in a second pattern, at least two lower open discs positioned in the lower portion of the musical instrument, the plurality of lower ribs are disposed between the at least two lower open discs, as required by the claim and there is no motivation absent the applicant's own disclosure to modify the Rudkin reference in the manner required by the claims.
The closest prior art, Waldo (US 5,212,331) does not disclose a barrier disc positioned in the internal volume dividing the internal volume into the upper portion and the lower portion, the upper particle fill material is enclosed in the upper portion of the internal volume, and the lower particle fill material is enclosed in the lower portion of the internal volume, as required by the claim and there is no motivation absent the applicant's own disclosure to modify the Waldo reference in the manner required by the claims.
While a musical instrument comprising a housing with a sidewall extending between first and second open ends of a housing, a first and second end cap closing the first and second open ends, a plurality of ribs formed within an interior volume of the housing, and a particle fill material disposed within the interior volume of the housing, the combination of a barrier disc positioned in the internal volume dividing the internal volume into an upper portion and a lower portion, a plurality of upper ribs positioned in the upper portion of the musical instrument arranged in a first pattern, at least two upper open discs positioned in the upper portion of the musical instrument, the plurality of upper ribs are disposed between the at least two upper open discs, upper particle fill material enclosed in the upper portion of the internal volume, a plurality of lower ribs positioned in the lower portion of the musical instrument arranged in a second pattern, at least two lower open discs positioned in the lower portion of the musical instrument, wherein the plurality of lower ribs are disposed between the at least two lower open discs, and lower particle fill material enclosed in the lower portion of the internal volume, is not disclosed in the prior art of record as required by the claim and there is no motivation absent the applicant's own disclosure to modify the prior art of record in the manner required by the claims.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
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 Lawson (US 5,505,114), which discloses a musical instrument formed of an elongated housing having open ends closed by end caps and a sidewall forming a hollow interior into which a plurality of ribs are disposed, a particle fill material disposed in the interior, Okamoto (US 2009/0286656), which discloses an open frame formed of elongated members connecting at hubs, and 中尾 誠 (JP 3229112), which discloses an open frame formed of elongated members connecting at hubs.
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