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 .
Acknowledgements
This Office Action is in response to the claims originally filed on 03/12/2024.
Claims 1-6 are pending.
Claims 1-6 were examined.
Claim Objections
Claims 3 and 6 are objected to because of the following informalities: Claims 3 and 6 recite "as per claims" (plural). Examiner interprets the language as "as per claim". Appropriate correction is required.
Claim 5 is objected to because of the following informalities: Claim 5 recites the membrane element (7). This fastening. Examiner interprets the language as the membrane element (7), this fastening . Each claim begins with a capital letter and ends with a period. Periods may not be used elsewhere in the claims except for abbreviations. See Fressola v. Manbeck, 36 USPQ2d 1211 (D.D.C. 1995). See also MPEP 608.01(m) 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 1-6 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.
Claim 1 recites “the sound output” in line 10. There is insufficient antecedent basis for this language in the claim. Dependent claims 2-6 are also rejected since they depend on claim 1.
Claim 2 recites “internally it has at least one closed resonance chamber in the place where the hole (6) has been made for the mounting of the membrane element (7).”. This language is unclear as it is unclear the manner in which a "closed resonance chamber" is "in the place where the hole has been made". In other words, the hole itself is not closed, therefore the claim language is unclear to one of ordinary skill in the art.. Dependent claims 6 are also rejected since they depend on claim 2.
Claim 3 recites “the resonance chamber”. There is insufficient antecedent basis for this language in the claim. Examiner notes claim 3 does not depend on claim 2.
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, 2, 4 and 5 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Menezes da Costa (WO 2018/049498 A1) in view of Krol et al. (US 2015/0325221 A1), hereinafter Krol.
With respect to claim 1, Menezes da Costa teaches a flamenco cajon (Improvement to a box-type percussion instrument) comprising:
a parallelepiped structure characterized by the inclusion of an upper panel (1) and a lower panel (5) parallel to each other; a front panel (2) incorporating a frame with two horizontal struts (10), an upper one and a lower one,... a pair of side panels (3, 4) configured to be attached to the frame (see [33] b. Distinctive characteristic: in order to make the objectives of the invention feasible, a solution was devised which, based on the technological concept, the constructive concept of a conventional cajón percussion instrument adds to this concept a plurality of sound devices, which can be, for example, a kick drum , a tone, a box, among others, thus resulting in an improved Cajón percussion instrument; [43] Figure .1e is an illustrative representation in view of the elevation of a generic model of the percussion instrument of the conventional cajón type, showing its constructiveness; [60] a. State of the art: as can be seen from figures .1a to .1h, the conventional cajón [ET] instrument is presented in the form of a box, polygonal in shape, preferably made of wood, preferably Sumaúma wood is formed from the following elements : [61] - Front wall [1], made of wood, of less thickness in relation to the rest of the box structure, being technically known as part of the “instrument skin”, and besides the function of providing structural stability to the box as well the function of providing sound is defined, and it is in its external area that an individual, notably a musician, beats with his hands, and the consequent vibration dissipates the sound inside the box, amplifying it with output at the rear; [62] - Side walls [2] and [3]: with the exclusive function of providing structural stability for the box; [63] - Top cover [4]: with the function of providing structural stability of the box, where it also has an additional function of providing accommodation for an individual [musician], who can use it as a seat. There are Cajón models in which this top cover [4] is superimposed on a seat itself, in general a cushioned seat; [64] - Back wall [5]: with the function of providing structural stability of the box, with an opening defined in its middle part [5a] whose function is to enable the dissipation to the external medium of the amplified sound inside the box the cajón; [65] - Base [6]: with the exclusive function of providing structural stability of the box),
where at least one of said side panels (3, 4) is provided with at least one hole (6) for the insertion of a mounting device (12) which can house a membrane element (7) consisting of a drumhead (14) and a circular frame (15) (see Fig. 2h, element a, 69] bl First Improvement: to the front wall [1] a frontal sounding device [a] is formed, formed by a metallic structural base [al], notably formed by metallic rings, which support the film [a2] , which can be of organic / animal or polymeric origin [nylon for example], and that metallic structural base [a1] has defined a plurality of fastening elements [a3], such as screws, which are positioned, screwed in the respective plurality of fixing holes [1b] defined in the front wall [1], where in addition to that same front wall [1] an opening [1a] is defined proportional to the perimeter defined by the metallic structural base [a1].); and
a rear panel (8) incorporating an opening (9) for the sound output. (see Fig. 2h, element 5a, [64] - Back wall [5]: with the function of providing structural stability of the box, with an opening defined in its middle part [5a] whose function is to enable the dissipation to the external medium of the amplified sound inside the box the cajón;),
Menezes da Costa does not explicitly disclose a cajon comprising: a lower one, where numerous guitar strings (11) positioned parallel to the front panel (2) are inserted and connected to said panel to produce vibrations upon hitting it.
However, Krol discloses a cajon (Adjustable cajón instrument) comprising: a lower one, where numerous guitar strings (11) positioned parallel to the front panel (2) are inserted and connected to said panel to produce vibrations upon hitting it (see paragraph [0022]: “Device 100 further comprises one or more strings 8 (labelled, for clarity, only as string 8 in FIG. 1). String 8 comprises a first string portion, a string body, and second string portion. String 8 is under tension and capable of producing sounds when tapa 2 is struck. String 8 may be a guitar string, violin string, cable or the like. String 8 may be constructed of natural or synthetic materials.”; paragraph [0023]: “At the first string portion, string 8 is anchored to a portion of frame 1 separated from the tuner openings and positioned adjacent to tapa 2. String 8 may be permanently or removably anchored to frame 1. In an aspect, string 8 is anchored to a bottom portion of frame 1 adjacent to tapa 2 such that string 8 contacts tapa 2.”; paragraph [0024]: “At the second string portion, string is connected to tuner 6. Tuner 6 may be a device capable of adjusting the tension contained in an attached string 8. Tuner 6 may be manipulated by an individual or another device (e.g., an electric motor) in order to adjust the tension in the attached string 8. In an aspect, tuner 6 is a guitar tuner. In another aspect, tuner 6 is a tension screw. As will be appreciated by those having skill in the relevant arts, tuner 6 may comprise other devices apart from those mentioned above.”).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate the guitar strings as disclosed by Krol in the cajon of Menezes da Costa, the motivation being to expand the sound profile of the cajón by adding one or more frequencies to the sounds produced by the cajón (see Krol, paragraph [0007]).
With respect to claim 2, the combination of Menezes da Costa and Krol teaches all the subject matter of the cajon as described above with respect to claim 1. Furthermore, Menezes da Costa disclose a cajon characterized by the fact that internally it has at least one closed resonance chamber in the place where the hole (6) has been made for the mounting of the membrane element (7) (see Fig. 2b, internal chamber, [48] Figure .2b is an illustrative representation in posterior perspective view of a preferred embodiment of the perfected percussion instrument, showing its constructiveness and emphasizing its distinctive characteristics;). The motivation for combining the references remain unaltered from the motivation described above in conjunction with the rejection of the independent claims.
With respect to claim 4, the combination of Menezes da Costa and Krol teaches all the subject matter of the cajon as described above with respect to claim 1. Furthermore, Krol disclose a cajon characterized by the fact that the set of strings (11), attached to the two struts at the bottom and at the top, have a tuning system which functions by means of string tension which is applied via wing nuts on the lower strut, thus allowing the tension of the strings to be modified in order to create different tunings (see paragraph [0026]: “Tuner 6 is attached to frame 1 via post 5. Post 5 is a mounting bracket configured to attach one or more tuners 6 to frame 1 and position tuner 6 within a tuner opening so that a user (e.g., a cajón player) may manipulate tuner 6. In an aspect, tuner 6 is attached to post 5 via tuner fastener 10. Post 5 may be attached to an underside portion of the top side of frame 1 via one or more post fasteners 9.”;). The motivation for combining the references remain unaltered from the motivation described above in conjunction with the rejection of the independent claims.
With respect to claim 5, the combination of Menezes da Costa and Krol teaches all the subject matter of the cajon as described above with respect to claim 1. Furthermore, Menezes da Costa disclose a cajon characterized by the fact that the membrane element (7) is fastened to the mounting device (12) by means of at least four screws (13) arranged around the perimeter of the circular frame (15) of the membrane element (7). This fastening of the membrane element (7) allows the drumhead (14) to be tuned by adjusting the screws (13) (see Fig. 2b, fasteners c3, [73] b.3 Third improvement: the top cover [4] now has a second sound device [c], formed by a metallic structural base [c1], notably formed by metallic rings, which support the film [ c2], which can be of organic / animal or polymeric origin [nylon for example], and this metallic structural base [c1] has defined a plurality of fastening elements [c3], such as screws, which are positioned, screwed into the respective plurality of fixing holes [4d] defined in the upper cover [4], where in addition to that same upper cover an opening [4c] is defined proportional to the perimeter defined by the metallic structural base [c1].). The motivation for combining the references remain unaltered from the motivation described above in conjunction with the rejection of the independent claims.
Claims 3 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Menezes da Costa (WO 2018049498 A1), in view of Krol (US 2015/0325221 A1), in view of Amos (US 2016/0335991 A1).
With respect to claim 3, the combination of Menezes da Costa and Krol teaches all the subject matter of the cajon as described above with respect to claim 1. The combination of Menezes da Costa and Krol does not explicitly teach a cajon characterized by the fact that at least one of the panels (3, 4) coinciding with the resonance chamber arranged internally, has a second hole for the outlet of the air coming from the resonance chamber.
However, Amos discloses a cajon (Hybrid drum apparatus) characterized by the fact that at least one of the panels (3, 4) coinciding with the resonance chamber arranged internally, has a second hole for the outlet of the air coming from the resonance chamber (see at least Fig. 5, hole 316, paragraph [0041]: “FIG. 5 illustrates an exemplary embodiment of a hybrid drum apparatus 500 featuring a different type of elongated drum supported within the box drum body 102 described above. However, instead of a djembe, conga 310 having elongate body 312 with drumhead 314 and base end 316 is integrated with box drum body 102 in a similar manner. Front panel opening 148 of box drum body 102 provides a space through which conga 310 may be inserted into, base end 316 first, such that when in a proper resting position, drumhead 314 of conga 310 is relatively flush with strike surface 126 of front panel 104, while lower portion 154 of back panel opening 136 (not visible) supports base end 316 of conga 310. Thus both drumhead 314 of conga 310 and strike surface 126 of front panel 104 of box drum body 102 are provided within close proximity in the front panel 104 such that either is easily strikable by the player.”).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate the hybrid drum as disclosed by Amos in the cajon of Menezes da Costa and Krol, the motivation being to producing a deeper bass with more resonance such as produced by a conical or elongated shaped drum with a membrane drumhead and open bottom, in addition to the sound produced by striking wood (see Amos, paragraph [0004]).
With respect to claim 6, the combination of Menezes da Costa and Krol teaches all the subject matter of the cajon as described above with respect to claim 2. The combination of Menezes da Costa and Krol does not explicitly teach a cajon characterized by the fact that at least one of the panels (3, 4) coinciding with the resonance chamber arranged internally, has a second hole for the outlet of the air coming from the resonance chamber.
However, Amos discloses a cajon (Hybrid drum apparatus) characterized by the fact that at least one of the panels (3, 4) coinciding with the resonance chamber arranged internally, has a second hole for the outlet of the air coming from the resonance chamber (see at least Fig. 5, hole 316, paragraph [0041]: “FIG. 5 illustrates an exemplary embodiment of a hybrid drum apparatus 500 featuring a different type of elongated drum supported within the box drum body 102 described above. However, instead of a djembe, conga 310 having elongate body 312 with drumhead 314 and base end 316 is integrated with box drum body 102 in a similar manner. Front panel opening 148 of box drum body 102 provides a space through which conga 310 may be inserted into, base end 316 first, such that when in a proper resting position, drumhead 314 of conga 310 is relatively flush with strike surface 126 of front panel 104, while lower portion 154 of back panel opening 136 (not visible) supports base end 316 of conga 310. Thus both drumhead 314 of conga 310 and strike surface 126 of front panel 104 of box drum body 102 are provided within close proximity in the front panel 104 such that either is easily strikable by the player.”).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate the hybrid drum as disclosed by Amos in the cajon of Menezes da Costa and Krol, the motivation being to producing a deeper bass with more resonance such as produced by a conical or elongated shaped drum with a membrane drumhead and open bottom, in addition to the sound produced by striking wood (see Amos, paragraph [0004]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Patent Literature
Alexander (US 2015/0262563 A1) discloses cajon, including a striking surface disposed on a first side of the cajon and a vent hole disposed on the first side of the cajon.
Eduardo (US 2013/0068083 A1) discloses cajon with textured applications, including a musical instrument comprising a cuboid-shaped housing with a resonant chamber having external striking surfaces for producing percussive sounds when struck and the means for producing distinctive and varied percussive sounds.
Sikra (US 2018/0211640 A1) discloses percussion instrument with adjustable auxiliary device, including a lever device adjusted and/or rotated, resulting in different sounds when the cajón is played.
Millender, Jr. et al. (US 2010/0031802 A1) disclose insert for cajon drum, including an insert that is capable of significantly improving the sound of a cajon drum.
Priel (DE 102013102888 A1) discloses cajon has housing with base and cover which are arranged parallel to each other, where side walls are arranged perpendicular to base and cover, and cross element is mounted on inner side of one of side walls with snare carpet arrangement, including an inner side of one of the side walls with a snare carpet arrangement or a string arrangement..
Non-Patent Literature
FSACajons.com.br (NPL 2021) discloses multiple cajon configurations available for sale.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EDUARDO D CASTILHO whose telephone number is (571)270-1592. The examiner can normally be reached Mon-Fri 8-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Patrick McAtee can be reached at (571) 272-7575. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/EDUARDO CASTILHO/Primary Examiner, Art Unit 3698