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 .
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)(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.
Claims 1, 2, 4, and 5 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Suenaga.
Regarding claim 1, Suenaga discloses a percussion assembly, comprising: a top membrane (11) defining a beating surface; a lower member (21) spaced from the top membrane; and a resilient pad (22) sandwiched between the top membrane (11) and the lower member (21), wherein the lower member is disengageable (via element 60c) to allow access to the resilient pad.
Regarding claim 2, Suenaga discloses wherein the membrane and the lower
member are maintained in place via an outer frame about the outer periphery (see the maintained place in figure 10).
Regarding claim 4, Suenaga discloses wherein the lower member is a
substantially flat plate (see the flat plate in figure 5).
Regarding claim 5, Suenaga discloses wherein a tension level of the
membrane is adjustable (column 4, lines 25-40).
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 6, 7 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Suenaga.
Regarding claims 6 and 7, Suenaga does not disclose the use of tension rods.
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 Suenaga to include one or more tension
rods with an exposed end, wherein the tension level of the membrane is adjustable
via torquing the one or more tension rods since the use of tension rods as an adjustment means under the membrane is conventional and well known in the art.
Regarding claim 11, Suenaga does not disclose the use of a porous mesh material.
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 Suenaga to include a porous mesh material since the use of porous mesh material in drumheads is conventional and well known in the art.
Claims 3 and 8-10 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 12-20 are allowed.
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
