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 Objections
Claims 1 and 2 are objected to because of the following informalities:
Claim 1: On page 1, line 8, reads “A multifunctional guitar practice table, comprising a base body” which should read “A multifunctional guitar practice table comprising: a base body”.
Claim 2: On page 1, line 26, reads “the music score baffle (5) is in an inclined state” which should read “the music score plate (5) is in an inclined state”.
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 1-5 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.
Claims 1, 3, 4, and 5 each claim both an apparatus and the method steps for using the apparatus in a single claim, rendering the claim indefinite. See MPEP 2173.05(p). Each basis for rejection and a suggestion for overcoming the rejection are as follows:
Page 1, line 10, “the accommodating portion is used to place a guitar” is indefinite. It is suggested to replace this phrase with “the accommodating portion is configured to accommodate a guitar”.
Page 1, lines 11-13, “the guitar supporting rod is used to support the bottom of the guitar, and the guitar limiting rod is used to abut against the back of the guitar” is indefinite. It is suggested to replace this phrase with “the guitar supporting rod is configured to support the bottom of the guitar, and the guitar limiting rod is configured to abut against the back of the guitar”.
Page 1, lines 14-15, “the neck placement groove is used to place the neck of the guitar” is indefinite. It is suggested to replace this phrase with “the neck placement groove is configured to accommodate the neck of the guitar”.
Page 1, lines 19-20, “the music score plate can be used to place a music score sheet” is indefinite. It is suggested to replace this phrase with “the music score plate is configured to support a music score”.
Page 2, lines 6-11, claim 3 consists of several instances of method steps including “the magnets are used in combination with”, “when the music score is placed…the magnetic pressing block is placed… so as to press the music score and prevent the page from turning”. It is suggested to revise the claim language as a whole.
Page 2, lines 15-16, “are all used to place an article” is indefinite. It is suggested to replace this phrase with “are configured to support an article.
Page 2, line 19, “can be convenient for carrying” is indefinite. It is suggested to replace this phrase with “are configured to assist with carrying”
Claim 2 is rejected for being dependent on claim 1.
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.
Claims 1 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Covert (U.S. Pat. No. 8084675) in view of Bruce (U.S. Pat. No. 4147254) in further view of Barrett (U.S. Pat. No. 2030348).
With respect to claim 1, Covert discloses a multifunctional guitar practice table, comprising a base body (Fig. 1, body of invention 1 with side supports 2), wherein an accommodating portion is arranged between the inner walls of two sides of the base body (open space between side supports 2), and a space in the accommodating portion is used to place a guitar (Fig. 2 shows guitar 12 in the open space between side supports 2); a guitar supporting rod (stabilizer bar 11) and a guitar limiting rod (stabilizer bar 10) are mounted between the inner walls of two sides of the base body (stabilizer bars 10 and 11 positioned between side supports 2), the guitar supporting rod (stabilizer rod 11) is capable of supporting the bottom of the guitar (guitar 12), and the guitar limiting rod (stabilizer rod 10) is capable of abutting against the back of the guitar (guitar 12) to limit the guitar (Col. 2, lines 10-12, “Bars 7, 10 and 11 are positioned appropriately and cushioned in order to safely and properly support the contours of the case or guitar”); a neck placement area (space between pegs 9, located on stabilizer bar 7) is arranged in an upper portion of the base body (stabilizer bar 7 is located on upper half of support legs 2), the neck placement area (space between pegs 9) is used to place the neck of the guitar (Fig. 2, neck of guitar 12 rests between pegs 9); and, a music score plate (upper lid 3) is arranged in the upper portion of the base body (upper lid 3 located at the top of supporting legs 2), the music score plate (upper lid 3) is connected to the top of the base body through a hinge (Fig. 3, hinge 15 connects upper lid 3 to lid support 14 which extends between side supports 2), the music score plate music score plate can be used to place a music score (upper lid 3 is a surface capable of holding items) and can be rotated (Fig. 5 shows upper lid 3 rotated to an upright position); and the music score plate can also be laid flat as a desk (Fig. 1 shows upper lid 3 lying flat and capable of using as a desk).
Covert fails to disclose the neck placement area is a groove, and a neck baffle that can rotate about a neck baffle axis, so that the neck baffle is buckled on the neck placement groove and can lock the neck of the guitar and prevent the displacement of the neck.
Bruce discloses a neck placement area is a groove (Fig. 1, yoke 100 of retainer 91), and a neck baffle (retaining element 93) that can rotate about a neck baffle axis (pivot 96), so that the neck baffle (retaining element 93) is buckled on the neck placement groove (yoke 100) and can lock the neck of the guitar and prevent the displacement of the neck (Col. 7, lines 13-15, “The musician can… pivot the intermediate retaining element 93 down in front of the neck”).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the neck placement area of Covert to include a yoke and retaining element such as taught by Bruce in order to prevent unwanted removal of the guitar if the table is bumped or tipped over, providing a safe and secure place to store a guitar.
Covert in view of Bruce fails to disclose the music score plate can be rotated and inclined to facilitate a user to view the music score from multiple angles.
Barrett discloses a plate (Fig. 1, cover 5) can be rotated (cover 5 rotates about pintle 10) and inclined to facilitate a user to view the music score from multiple angles (Fig. 1 shows various inclined positions of cover 5 held in place by hinge leaf 8 and pawl 18 assembly).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the stand lid of Covert in view of Bruce by replacing the piano hinge with a hinge leaf and pawl assembly such as taught by Bruce in order to easily and securely hold the lid open at various positions when grabbing items housed beneath the lid, or to hold a guitar placed lying across the lid at a desired angle during maintenance and repair.
With respect to claim 5, Covert in view of Bruce in further view of Barrett discloses the limitation set forth above. The combination (Covert) further discloses handle holes (Fig. 1, apertures 5) are formed on two sides of the base body (side supports 2), and the handle holes (apertures 5) can be convenient for carrying the guitar practice table (Col. 2, lines 4-6, “apertures 5… can be used as handles to move the stand if so desired”).
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Covert (U.S. Pat. No. 8084675) and Bruce (U.S. Pat. No. 4147254) in view of Barrett (U.S. Pat. No. 2030348) in further view of Shepherd (U.S. Pat. No. 5692719).
With respect to claim 2, Covert in view of Bruce in further view of Barrett discloses the limitation set forth above except wherein a music score baffle is arranged on an edge of the music score plate, and the music score baffle is connected to the music score plate through a hinge; the music score baffle can be turned over; and, when the music score baffle is in an inclined state, the music score baffle can be turned over to support an article on the music score plate.
Shepherd discloses wherein a music score baffle (Fig. 1, ledge 38) is arranged on an edge of the music score plate (music support 22), and the music score baffle (38) is connected to the music score plate (22) through a hinge (Fig. 2, pivot pin 114); the music score baffle (38) can be turned over (Figs. 3 and 4 show ledge 38 turning over from first position to second position); and, when the music score plate (22) is in an inclined state, the music score baffle (38) can be turned over to support an article on the music score plate (Fig. 1 shows ledge 38 projected from support 22 and capable of supporting an article).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the music stand lid of Covert in view of Bruce in further view of Barrett to include a hinged ledge such as taught by Shepherd in order to easily catch and hold items (such as guitar picks or repair tools) when the lid is opened or held at an incline.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Covert (U.S. Pat. No. 8084675), Bruce (U.S. Pat. No. 4147254), and Barrett (U.S. Pat. No. 2030348) in view of Shepherd (U.S. Pat. No. 5692719) in further view of Pellegrino (U.S. Pub. No. 20080257224).
With respect to claim 3, Covert and Bruce in view of Barrett in further view of Shepherd discloses the limitation set forth above except wherein a plurality of magnets are embedded in the music score plate, and the magnets are used in combination with an external magnetic pressing block; and, when the music score is placed on the music score plate, the magnetic pressing block is placed on a page and mutually adsorbed with the magnetic block under the page, so as to press the music score and prevent the page from turning.
Pellegrino discloses wherein a plurality of magnets (Fig. 4, magnets 14) are embedded in the music score plate (tabletop 12), and the magnets (14) are used in combination with an external magnetic pressing block (Fig. 5, magnets 22); and, when the music score (Fig. 5, scrapbook layout 20) is placed on the music score plate (tabletop 12), the magnetic pressing block (22) is placed on a page and mutually adsorbed with the magnetic block under the page (magnets 22 may be placed directly over magnets 14), so as to press and hold the music score (scrapbook layout 20) in place (Fig. 5 shows scrapbook layout 20 held up against tabletop 12 via magnets 22).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the stand lid of Covert and Bruce in view of Barrett in further view of Shepherd to include embedded magnets such as taught by Pellegrino in order to easily and securely hold sheet articles in place (such as guitar repair instructions or photos) and to further quickly and easily remove or replace these articles as needed.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Covert (U.S. Pat. No. 8084675) and Bruce (U.S. Pat. No. 4147254) in view of Barrett (U.S. Pat. No. 2030348) in further view of Wisnoski (U.S. Pat. No. 7686172).
With respect to claim 4, Covert in view of Bruce in further view of Barrett discloses the limitation set forth above. The combination (Covert) further discloses a top shelf (Fig. 1, removable accessory bin 17) is mounted between the inner walls of two sides of the base body (bin 17 mounted to the inside of right supporting side 2), and the top shelf is used to place an article (Col. 2, lines 20-24. “bin 17 is secured to the inside of at least one of the sides 2, by any conventional means, to hold various guitar supplies (such as cleaning supplies, guitar strings, picks, etc, or to hold tools that can be used to repair and maintain the guitars)”).
Covert in view of Bruce in further view of Barrett fails to disclose a bottom shelf and middle shelf used for placing an article.
Wisnoski discloses a bottom shelf (Fig. 1, lowermost storage bin 10), middle shelf (middle storage bin 10), and top shelf (uppermost storage bin 10), the shelves are all used to place an article (items may be stored in each storage bin 10).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the guitar stand of Covert in view of Bruce in further view of Barrett to include more than the single storage bin such as taught by Wisnoski in order to easily hold and organize a greater number of small items such as guitar accessories. It is further noted that the duplication of parts (bin of Covert) has no patentable significance unless a new and unexpected result is produced (MPEP 2144.04 VI.B).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ELIZABETH IRENE ARTALEJO whose telephone number is (571)272-4292. The examiner can normally be reached M-F 8-6.
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, Daniel Troy can be reached at (571) 270-3742. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/E.I.A./Examiner, Art Unit 3637
/DANIEL J TROY/Supervisory Patent Examiner, Art Unit 3637