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 .
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 1, 2, 3, 6, and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Hallerberg (US7576276) in view of Shimada (20060081115A1).
Regarding claim 1, Hallerberg discloses a system, comprising: a percussion instrument mounted grip; and a saddle attachment mechanism that is mountable to a percussion instrument (12) carrier at a front side thereof and between shoulder straps (on the harness 10) and a belly plate (in the front of the harness) thereof so as to form an upper anchor point, wherein the saddle attachment mechanism is configured to receive the grip (11) therein so as to thereby couple the percussion instrument (12) to the carrier such that the percussion instrument (12) is rotatable about an x-axis of the upper anchor point and rests on a support member of the percussion instrument (12) carrier, and wherein the adjustment of the support member rotationally (via the swivel 13) adjusts the playing position of the percussion instrument about the x-axis of the upper anchor point (see the upper anchor point in figure 1).
Hallerberg does not disclose a vertical adjustment.
Shimada discloses the use of a system comprising a percussion instrument (12) with a vertical adjustment means.
It would have been obvious to one of ordinary skill in the art prior to the effective filing date to modify the device as disclosed in Hallerberg to include the vertical rotation means as disclosed in Shimada in order to provide a drum with varying playing positions.
Regarding claim 2, Hallerberg discloses wherein the system further comprises the percussion instrument carrier (see the carrier in figure 1).
Regarding claim 3, wherein the saddle attachment mechanism comprises:
a receiver configured to receive the grip therein via a drop-in action (see the receiver that receives the grip 11 and the drop in capabilities in figure 1).
Regarding claim 6, Hallerberg discloses wherein wherein the saddle attachment mechanism further comprises: a saddle mount configured to mount the receiver to the carrier (see the attachment means that mount the receiver in figure 1).
Regarding claim 10, Shimada discloses wherein the support member includes a mechanical assist (91) configured to vertically adjust the support member relative to the belly plate (see paragraph 0065).
Claims 4, 5, 7-9, and 11-18 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Dedei Hammond can be reached at 571-270-7938. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KIMBERLY R LOCKETT/Primary Examiner, Art Unit 2837
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