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. 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, 5-7, 9-15 and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Horne (2439736).
Regarding claims 1, 19, and 20 Horne (2439736) discloses the use of a musical instrument, comprising: a tubular body (10) comprising a mouthpiece (12) and a bell for blowing air in or out of the tubular body, an orifice (see the orifice in figure 3) between said mouthpiece and said bell, said orifice having a continuously curved longitudinal profile gradually opening and increasing inner diameter toward said mouthpiece or toward said bell (see the curved orifice in figure 3).
Horne does not specifically recite the use of a bell.
However, 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 Horne to the use of a bell since the opposite end of the mouthpiece acts as bell and the use of bells are conventional and well known in the art.
Regarding claim 2, Horne (2439736) discloses wherein the musical instrument is adapted to be positioned between lips for blowing air (column 3, lines 10-13).
Regarding claim 5, Horne discloses wherein said mouthpiece and said bell have a symmetrical shape (see the symmetry shape in figure 2)
Regarding claim 6, Horne discloses wherein said mouthpiece and said bell have an asymmetrical shape (see the asymmetrical shape in figure 1)
Regarding claim 7, Horne discloses comprising an expanded section on an
outside surface of said tubular body, the expanded section covering one or both of said first mouthpiece and said bell (see the expanded section in figure 10).
Regarding claims 9 and 10, Horne does not disclose elastic or edible material.
However, 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 Horne to include elastic and edible materials since these are conventional material well known in the art.
Regarding claim 11, Horne discloses wherein the orifice comprises a plurality of holes (the screws are inserted into the holes) .
Regarding claims 12-15, Horne does not disclose the specific cross sections and curvatures as recited by the applicant.
However, 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 Horne to include elastic and edible materials since these are conventional material well known in the art.
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Horne (2439736).
Regarding claim 16, Horne does not disclose a single piece instrument.
HU 216937 B discloses the use of a single piece instrument.
However, 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 Horne and the single piece as disclosed in HU 216937 B to include a single piece as disclosed in HU 216937 B in order to provide a sound generating element capable of producing specific tones.
Regarding claims 18, Horne discloses wherein is compressed with the
lips to produce sound (column 3, lines 10-13).
Claims 3, 4, 8, and 17 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
