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)(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.
Claims 1-10 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Pia (US6140564A).
Regarding claim 1, Pia discloses a plectrum holder comprising: a holder body having a top portion and a bottom portion (see figure 1), wherein the top portion comprises a plectrum clip (18) adapted to receive and store one or more plectrums (p), and wherein the bottom portion comprises a mounting surface clip (30) adapted to receive and attach to a mounting surface, wherein a user can attach the holder body to a mounting surface and removably store one or more plectrums (p) in the plectrum clip (18) of the holder body (see figure 3).
Regarding claim 2, Pia discloses plectrum holder according to claim 1 wherein the holder body is S-shaped (see figure 2).
Regarding claim 3, Pia discloses wherein the holder body comprises an
upper prong portion (the end close to element 18) , a central body portion (the middle portion), and a lower prong portion (the end close to element 30), wherein the plectrum clip is formed by the upper prong portion and the central body portion, and wherein the mounting surface clip is formed by the lower prong and the central body portion (see figure 2).
Regarding claim 4, Pia discloses wherein the upper prong portion (the end close to element 18) and the central body portion are connected by an upper connection portion that biases the upper prong portion toward the central body portion when the upper prong portion is separated from the central body portion (see the separation in figure 2).
Regarding claim 5, Pia discloses wherein upper prong portion (the end close to element 18) includes a plectrum contacting member (the walls that hold the plectrum) adapted to contact a plectrum that has been inserted into the plectrum clip and press the plectrum against the central body portion.
Regarding claim 6, Pia discloses wherein the plectrum contacting member
has a tapered forward end (see the end near element 18).
Regarding claim 7, Pia discloses a plectrum holder according to claim 3 wherein the upper prong portion (the end close to element 18) and the central body portion (body portion between the two prongs) are connected by an upper connection portion that biases the upper prong portion (the end close to element 18) toward the central body portion when the upper prong portion is separated from the central body portion, and wherein upper prong portion (the end close to element 18) includes a plectrum contacting member (the walls that hold the plectrum) adapted to contact a plectrum that has been inserted into the plectrum clip and press the plectrum against the central body portion (see figure 2).
Regarding claim 8, Pia discloses a plectrum holder according to claim 7 wherein the lower prong portion (the end close to element 30) and the central body portion (body portion between the two prongs) are connected by a lower connection portion that biases the lower prong portion toward the central body portion when the lower prong portion (the end close to element 30) is separated from the central body portion, and wherein the lower prong portion includes a plectrum contacting member (the walls that hold the plectrum) adapted to contact a plectrum that has been inserted into the plectrum clip and press the plectrum against the central body portion (see figure 2).
Regarding claim 9, Pia discloses A plectrum holder according to claim 8 wherein the plectrum clip is adapted to receive the plectrum in a plectrum insertion direction (see the insert direction in figures 1 and 2 ), wherein the mounting surface clip is adapted to receive the mounting surface in a mounting surface insertion direction (see the insert direction in figures 1 and 2 ), and wherein the plectrum insertion direction and the mounting surface insertion direction are different directions (see the insert direction in figures 1 and 2 ).
Regarding claim 10, Pia discloses A plectrum holder according to claim 8 wherein the wherein the plectrum clip is adapted to receive the plectrum in a plectrum insertion direction (see the insert direction in figures 1 and 2 ), wherein the mounting surface clip is adapted to receive the mounting surface in a mounting surface insertion direction, and wherein the plectrum insertion direction and the mounting surface insertion direction are opposite directions (see the insert direction in figures 1 and 2 ).
Regarding claim 12, Pia discloses a plectrum holder according to claim 1 wherein the plectrum clip is adapted to receive the plectrum in a plectrum insertion direction (see the insert direction in figures 1 and 2 ), wherein the mounting surface clip is adapted to receive the mounting surface in a mounting surface insertion direction, and wherein the plectrum insertion direction (see the insert direction in figures 1 and 2 ) and the mounting surface insertion direction are different directions (see figure 2).
Regarding claim 13, Pia discloses a plectrum holder according to claim 1 wherein the wherein the plectrum clip is adapted to receive the plectrum in a plectrum insertion direction (see the insert direction in figures 1 and 2 ), wherein the mounting surface clip is adapted to receive the mounting surface in a mounting surface insertion direction (see the insert direction in figures 1 and 2 ), and wherein the plectrum insertion direction and the mounting surface insertion direction are opposite directions (see figure 2).
Regarding claim 14, Pia discloses a plectrum; and a plectrum holder, the plectrum holder comprising a holder body having a top portion that comprises a plectrum clip adapted to receive the plectrum, wherein a user can removably store the plectrum in the plectrum clip of the holder body, wherein the plectrum comprises a surface feature, and wherein the plectrum clip comprises a plectrum contacting member that corresponds to the surface feature of the plectrum (see figures 1 and 2).
Regarding claim 17, Pia discloses a plectrum holder system according to claim 14 wherein the holder body also has a bottom portion, wherein the bottom portion comprises a mounting surface clip adapted to receive and attach to a mounting surface, wherein a user can attach the holder body to a mounting surface and removably store one the plectrum on the holder body while the holder body is attached to the mounting surface (see the mounting on the guitar strap in figure 3).
Regarding claim 18, Pia discloses a plectrum holder system according to claim 13 wherein the holder body comprises an upper prong portion (the end close to element 18) and a central body portion, wherein the plectrum clip is formed by the upper prong portion (the end close to element 18) and the central body portion, and wherein the upper prong portion and the central body portion (body portion between the two prongs) are connected by an upper connection portion that biases the upper prong portion toward the central body portion when the upper prong portion is separated from the central body portion (see the connection in figure 2).
Regarding claim 19, Pia discloses A method of storing a plectrum, the method comprising: providing a plectrum holder comprising a holder body having a top portion and a bottom portion, wherein the top portion comprises a plectrum clip adapted to receive and store one or more plectrums (see the storage means in figure 1), and wherein the bottom portion comprises a mounting surface clip adapted to receive and attach to a mounting surface (as shown on the strap in figre 3), attaching the mounting surface clip to a mounting surface, and inserting a plectrum into the plectrum clip to removably store the plectrum (as shown in figures 1 and 3).
Regarding claim 20, Pia discloses wherein the plectrum includes a surface feature and wherein the plectrum clip of the plectrum holder comprises a plectrum contacting member (the wall of the holder) that corresponds to the surface feature of the plectrum.
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.
Claims 11, 15, and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Pia.
Regarding claim 11, Pia discloses a plectrum holder with a gripping member having a specific coefficient of friction.
It would have been obvious to one of ordinary skill in the art prior to the effective filing date to modify the plectrum holder as disclosed in Pia to include a central body with a gripping member with a specific coefficient of friction since the use of gripping members with specific coefficient of friction is conventional and well known in the art.
Regarding claims 15 and 16, Pia does not disclose a plectrum with specific physical characteristics.
However, It would have been obvious to one of ordinary skill in the art prior to the effective filing date to modify the plectrum as disclosed in Pia to include a central hole and a depression areas with a reduced thickness since the use of central holes and depression holes with reduced thicknesses are conventional and well known in the art.
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
