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 .
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 1-15are 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 1-15 are replete with lack of antecedent basis informalities: “the noise”, “the strings”, “the fundamental tone”, “the musician”, “the palm”, “the natural sound”, “the upper”, “the musical performance”, “the wholeness”, “the string retaining means”, “the bridge”, “the muffling”, “the sound”, “the vibrations”, “the preceding”, “the entire”, “the inclination”, “the time”, “the standard”, “the three spatial axes”, “the changes”, “the pivot”, “the head”, “the mute”, “the tailpiece”, “the quick”, “the mobilization”, and “the shaped.
The claim(s) are narrative in form and replete with indefinite and functional or operational language. The structure which goes to make up the device must be clearly and positively specified. The structure must be organized and correlated in such a manner as to present a complete operative device. Furthermore, these phrases are vague and indefinite. The vague and narrative form of the claims includes the phrases:
“while keeping” “typical of the palm muting technique”, “whenever and as desired”, “so as to render the musical performance continuous and smooth”, “safeguarding the wholeness thereof and avoiding potential permanent changes thereon”, “body being produced with elements assembled without clearance to avoid”, “passing through some holes”, “a natural position”, “though mobilizations”, “with respect to the”, “is made”, “the entire”, “so that said”, “adapted to allow to adjust”, “adapted to measure”, “adapted to allow”, “so as to allow a gentle and risk fee contact”, “body has connections”, and “can engage”.
As the applicant’s invention is best understood, claims 1-15 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.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Goldner discloses the use of a dampener for a musical instrument.
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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