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 1-3 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Moore.
Regarding claim 1, Moore discloses the use of a musical instrument mounting device, comprising: a mounting body ; an attachment portion (20) affixed to the mounting body, the attachment portion configured to attach to one or more types of musical instruments (100) ; and a receiver section (62) affixed to the mounting body and positioned adjacent the attachment portion (20), the receiver section (62) including a retainer body (64a, 64b); wherein the attachment portion of the mounting body is proportional to an attachment point on each of the one or more types of musical instruments (see figure 1).
Regarding claim 2, The musical instrument mounting device of Claim 1, wherein the retainer body is positioned perpendicular to one or more compressive forces exerted by the attachment portion (20) on the one or more types of musical instruments (see the position in figure 1).
Regarding claim 3, The musical instrument mounting device of Claim 1, wherein the attachment point is positioned adjacent a line of vision of an individual playing the one or more types of musical instruments (see the attachment point in figure 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 4-6, 15, 16, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Moore.
Regarding claims 4 and 6, Moore disclses wherein the retainer body is configured to receive a retainer and coupling device for securing a device within a line of vision of an individual playing the one or more types of musical instruments (see the securing device position in figure 1).
Moore does not disclose the use of mobile electronic device.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the device as disclosed in Moore to include a retainer device that is capable for holding a mobile electronic device since It has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations. Ex parte Masham, 2 USPQ2d 1647.
Regarding claim 5, Moore does not disclose wherein the attachment portion and the retainer body are affixed to one another as an integral body.
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the device as disclosed in Moore to include the use of an integral body as a matter of design choice.
Regarding claim 15, Moore discloses an attachment portion that includes an upper compression section configured to circumnavigate a body of a woodwind instrument (see the upper portion in figure 1).
Regarding claim 16, Moore discloses an attachment portion wherein the attachment portion further includes cutouts (the opening that the straps go through) configured to at least partially surround portions of the woodwind instrument.
Regarding claim 19, Moore discloses the use of an attachment portion that includes a clamp body having upper (upper strap) and lower clamp (lower strap) sections fuller separable from one another.
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
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