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 1-11 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.
Claims 1,4,7-9,11 fail to point out and distinctly claim Applicant’s invention, as the metes and bounds of the phrase “in particular” is unclear. 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) 1,7-9 is/are rejected (to the extent understood) under 35 U.S.C. 102(a)(1) as being fully met by Adamski (DE 102014013656 A1).
Regarding Claim 1, Adamski discloses an instrument stand comprising:
a ring-shaped base element 4 (Fig. 6), which is formed to be placed on a ground, and
an arm element 1, which extends away from the base element 6 and is formed to support and/or hold a guitar, above the base element 6,
wherein the base element 6 comprises an illumination unit, which is formed to emit light in a direction of a musical instrument accommodated by the instrument stand to illuminate a musical instrument (para. 0003).
Regarding Claim 7, Adamski discloses the base element comprises at least one receptacle (Fig. 10, three guitar holders not numbered), at which a corpus of a musical instrument can be placed or supported.
Regarding Claim 8, Adamski discloses the arm element 1 comprises a support element (Fig. 10, three guitar holders not numbered), at which, to support a guitar.
Regarding Claim 9, Adamski discloses the arm element 1 comprises a holder (Fig. 10, three guitar holders not numbered), at which a head of a guitar can be accommodated.
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.
Claim(s) 5,6,11 is/are rejected (to the extent understood) under 35 U.S.C. 103 as being unpatentable over Adamski in view of Rogers (USPGP 20240085014).
Regarding Claim 5, Adamski (applied here in a similar manner as claim 1 above) discloses all features claimed, but does not explicitly teach an additional illumination element is arranged at the arm element and extends along the arm element.
Rogers discloses an illuminated guitar stand comprising an additional illumination element 130 is arranged at an arm element 110 and extends 144 along the arm element 110.
It would have been obvious to one of ordinary skill in the art, prior to the effective filing date, to adapt the teachings of Adamski with those of Rogers, as both are directed towards illuminated guitar stands, and so as to provide additional illumination elements for the guitar as known in the art to be desirable.
Regarding Claims 6,11 Roger discloses a brightness and/or a color of the additional illumination element 130 is adjustable, wherein the brightness and/or the color is changeable by touching respectively a button (para. 0053).
Allowable Subject Matter
Claims 2-4, 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.
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JEFFREY . DONELS
Examiner
Art Unit 2837
/JEFFREY DONELS/Primary Examiner, Art Unit 2837
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