DETAILED ACTION
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, the instrument rest comprises a guide tunnel with a varying wall thickness along a circumference of the guide tunnel (claim 2) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 1-16 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 1, line 5, the limitation “a distance compensation bar” make the claim indefinite by claiming a second distance compensation bar, i.e., the distance compensation bar was set forth in line 2 of the claim. It is suggested that the limitation be changed to “the distance compensation bar” to correct the problem.
Regarding claim 1, line 12, the new limitation “able to be formed” makes the claim indefinite. The pivot mechanism (26) and its connection to the distance compensation bar (23) is essential for the device to function, i.e., varying the angle between the distance compensation bar (23) and the support (12) and not be just a box of parts. It is suggested that this limitation be deleted from the claim in order to correct the problem.
Regarding claim 2, the limitation “a press fit of the fastening connecting-piece and of the guide tunnel is able to be achieved on the distance compensation bar by means of rotation of the fastening connecting-piece around the longitudinal axis of the distance compensation bar and thereby a continuous linear fixing of the instrument rest on the distance compensation bar” is indefinite. There is nothing in the disclosure or drawings showing the structure on the fastening connecting-piece (21) that would result in the guide tunnel (201) becoming press fit onto the distance compensation bar (23) by rotating the fastening connecting-piece (21). Therefore, the claim is indefinite. In order to overcome this rejection, it is suggested that the applicant supply evidence showing that this fastening connecting-piece providing a press fit is an old and well-known structure in the instrument art.
Regarding claims 3-16, which depend from claims 1 and 2, are rejected for the same reasons claims 1 and 2 have been rejected.
Allowable Subject Matter
Claim 1 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.
Claims 2-16 would be allowable if rewritten 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 and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter. The prior art fail to disclose a wind instrument holder configured to be attached to an adapter element of a carrier device. The holder comprising a distance compensation bar and an instrument rest linearly movable and fixable thereon. The instrument rest is adjustable, in a clamped manner, with a fastening connecting-piece along a distance compensation bar. The distance compensation bar is adjustable by means of a pivot mechanism into various fixable positions. This means forms a defined fastening angle with between a support of the carrier device and the distance compensation bar. The instrument rest is mounted displaceably and fixably in a linear manner along a longitudinal axis of the distance compensation bar. The pivot mechanism on the distance compensation bar is formed by a drum closure, a spring, a drum, a push-button plunger with an actuation button and a drum closure body. The drum has a fastening lug and is configured for attachment to the adapter element. The drum has an inner surface with inner toothing. The push-button plunger has a detent toothing, so that a relative pivoting of the distance compensation bar is possible by the defined fastening angle around a drum axis relative to the inner toothing or respectively relative to the drum and to the fastening lug and thereby to the carrier device.
Response to Arguments
Applicant's arguments filed on 3/02/2026 have been fully considered but they are not persuasive. The applicant argues that a drawing showing the claimed subject matter “the instrument rest comprises a guide tunnel with a varying wall thickness along a circumference of the guide tunnel” is not necessary for the understand of the subject matter being sought to be patented. The examiner disagrees.
This limitation, along with the second half of claim 2, “a press fit of the fastening connecting-piece and of the guide tunnel is able to be achieved on the distance compensation bar by means of rotation of the fastening connecting-piece around the longitudinal axis of the distance compensation bar and thereby a continuous linear fixing of the instrument rest on the distance compensation bar”, must be shown in order to understand how the rotation of the fastening piece effects a press fit of the guide tunnel with the varying wall thickness along a circumference of the guide tunnel to the distance compensation bar. How does this work?
The passage presented in the arguments, paragraph [0030], fails to disclose to a person having ordinary skill in the art how the press fit is achieved with the rotation of the fastening connecting-piece about the guide tunnel.
The applicant argues that one of ordinary skill in the art would be “able to implement appropriate functionality without undue experimentation”. The examiner disagrees. If the applicant would have presented some other teaching that this type of adjusting device is old and well known, then the rejection would have been withdrawn. However, there is no evidence showing how claim 2 functions to adjustably secure the guide tunnel in multiply positions along the distance compensation bar. The drawings and specification must be amended to show the structure that would perform this function to overcome the 112b rejections.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 JACK W LAVINDER whose telephone number is (571)272-7119. The examiner can normally be reached Mon-Friday 9-4pm (EST).
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JACK W. LAVINDER
Primary Patent Examiner
Art Unit 3677
/JACK W LAVINDER/ Primary Examiner, Art Unit 3677