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 § 112
Claims 7-10 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 7, “the length of the spacers” and “the right angle vertical edge” lacks antecedent basis and is not positively recited. Correction is required.
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(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.
Claim(s) 1 is/are rejected (to the extent understood) under 35 U.S.C. 102(a)(1) as being fully met by Schille (USP 4984499).
Regarding Claim 1, Schille discloses a mouthpiece for playing a wind instrument, wherein comprising
air chambers 17, disposed in the housing of the wind instrument;
air pressure sensors 21, disposed at the bottom of the air chambers 17 for detecting air pressure changes within the air chambers 17;
an air intake channel 16, disposed on the outer side of the air chambers 17, and when air is blown into the air intake channel 16, the air chambers 17 produce pressure changes, which are detected by the air pressure sensors 21;
air vents 19, disposed on the air intake channel 16, are configured for airflow to enter the air intake channel 16 and be discharged from the air vents 19, and the path thereof changes.
Claim(s) 1,2 is/are rejected (to the extent understood) under 35 U.S.C. 102(a)(1) as being fully met by Antaki (WO 01/43116).
Regarding Claim 1, Antaki discloses a mouthpiece for playing a wind instrument, wherein comprising
air chambers 17, disposed in the housing of the wind instrument;
air pressure sensors 102,110,111, disposed at the bottom of the air chambers 17 for detecting air pressure changes within the air chambers 17;
an air intake channel (not numbered, square openings on 10), disposed on the outer side of the air chambers 17, and when air is blown into the air intake channel, the air chambers 17 produce pressure changes, which are detected by the air pressure sensors 102,110,111;
air vents 31-39,41-49 disposed on the air intake channel, are configured for airflow to enter the air intake channel and be discharged from the air vents 31-39,41-49, and the path thereof changes.
Regarding Claim 2, Antaki discloses the air vents 31-39,41-49 are provided as a structure that runs through the top and bottom of the air intake channel (see Fig. 2: vents on top and bottom covered by reeds 15,20).
Allowable Subject Matter
Claims 3-6 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.
Claims 7-10 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The references cited show related teachings in the art.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JEFFREY DONELS whose telephone number is (571)272-2061. The examiner can normally be reached M-F.
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, 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.
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.
JEFFREY . DONELS
Examiner
Art Unit 2837
/JEFFREY DONELS/Primary Examiner, Art Unit 2837
