Ex Parte Apthorp

Patent Trial and Appeal BoardApr 18, 2016

13020179 (P.T.A.B. Apr. 18, 2016)

UNITED STA TES p A TENT AND TRADEMARK OFFICE APPLICATION NO. FILING DATE 13/020,179 02/03/2011 62439 7590 SINORICA, LLC 19785 Crystal Rock Drive Suite 207 Germantown, MD 20874 04/20/2016 FIRST NAMED INVENTOR Lori Ann APTHORP UNITED STATES DEPARTMENT OF COMMERCE United States Patent and Trademark Office Address: COMMISSIONER FOR PATENTS P.O. Box 1450 Alexandria, Virginia 22313-1450 www .uspto.gov ATTORNEY DOCKET NO. CONFIRMATION NO. TP-APTL-USS3 1881 EXAMINER WAGGENSPACK, ADAM J ART UNIT PAPER NUMBER 3782 NOTIFICATION DATE DELIVERY MODE 04/20/2016 ELECTRONIC Please find below and/or attached an Office communication concerning this application or proceeding. The time period for reply, if any, is set in the attached communication. Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the following e-mail address( es): SINORICA@GMAIL.COM SINORICA@OUTLOOK.COM PAIR@SINORICA.COM PTOL-90A (Rev. 04/07) UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD Ex parte LORI ANN APTHORP Appeal2014-002938 Application 13/020,179 Technology Center 3700 Before LYNNE H. BROWNE, JILL D. HILL, and ERIC C. JESCHKE, Administrative Patent Judges. BROWNE, Administrative Patent Judge. DECISION ON APPEAL STATEMENT OF THE CASE Lori Ann Apthorp (Appellant) appeals under 35 U.S.C. Â§ 134 from the Examiner's decision rejecting claim 16 under 35 U.S.C. Â§Â§ 102(b) or 103(a) as anticipated by, or in the alternative, unpatentable over, Frietze (US 5,695,101, iss. Dec. 9, 1997). We have jurisdiction under 35 U.S.C. Â§ 6(b). We AFFIRM. Appeal2014-002938 Application 13/020,179 CLAIMED SUBJECT MATTER The claim is directed to a musical instrument half strap support. Claim 16 is reproduced below: 1 16. A musical instrument half strap support comprising: an instrument loop; an anchor extension; a leg anchor loop; the instrument loop comprises a securing loop fastener, a loop extension, and an instrument female buckle; the anchor extension comprises an instrument male buckle, an anchor loop, and an extension strap keeper; the extension strap keeper being slidable along the anchor extension; the instrument loop being connected to the anchor extension; the securing loop fastener being connected to the loop extension; the securing loop fastener being connected to the instrument female buckle by the loop extension; the instrument female buckle being connected to the loop extension opposite to the securing loop fastener; the anchor extension being an elongated strap connecting the instrument loop and the anchor loop; the anchor extension having an anchor end and an instrument end; the instrument male buckle comprises an adjustment slit; the anchor loop comprises an anchor male buckle and an anchor female buckle; the anchor male buckle being fastened to the anchor extension; the anchor female buckle being connected to the anchor endÂ· ' 1 The proposed amendment filed June 5, 2013, was not entered by the Examiner. Accordingly, the copy of claim 16 in the Appeal Brief is incorrect. 2 Appeal2014-002938 Application 13/020,179 the anchor female buckle being connected to the anchor male buckle defining the anchor loop; the leg anchor loop being a strap loop having an adjustable buckle and a strap keeper; the securing loop fastener being a fastening loop; the anchor extension being inserted through the instrument male buckle; the instrument end being weaved through the adjustment slit; and the instrument male buckle being connected to the anchor extension by the adjustment slit; the instrument loop being connected to the anchor extension by means of the instrument male buckle being inserted and secured to the instrument female buckle; and the anchor extension being connected to the leg anchor loop by means of the anchor loop being interlinked with the leg anchor loop. DISCUSSION The Examiner finds that Frietze discloses each and every limitation of claim 16. See Final Act. 2--4. In particular, the Examiner finds that Frietze discloses "a leg anchor loop ( 4b ); the instrument loop comprises a securing loop fastener (12a), a loop extension (strap body of 4a), and an instrument female buckle (3 la)." Id. at 2. Appellant argues that Frietze fails to disclose a securing loop fastener that is a fastening loop selected from the group consisting of a strap with a cap nut and screw, a strap with button snaps, a tie, and a slide buckle strap, as required by claim 16. See Br. 6. 2 Claim 16 does not require a fastening loop selected from the group consisting of a strap with a cap nut and screw, 2 The pages of the Brief are not numbered. For ease of reference, we have numbered them 1-13. 3 Appeal2014-002938 Application 13/020,179 a strap with button snaps, a tie, and a slide buckle strap. 3 Accordingly, Appellant does not apprise us of error. Appellant argues that Frietze fails to disclose an adjustment slit comprising a plurality of teeth. See id. Claim 16 does not require an adjustment slit comprising a plurality of teeth. 4 Accordingly, Appellant does not apprise us of error. Noting that the Examiner identifies "item '30b' of Frietze as the teaching reference for the claimed 'an anchor male buckle,"' and that the Examiner identifies "item '31 b' of Frietze as the teaching reference for the claimed 'an anchor female buckle,'" Appellant argues that Frietze fails to show or describe elements identified as 30b and 31 b; and thus, Frietze fails to disclose an anchor male buckle or an anchor female buckle. See Br. 7. In response to this argument, that Examiner explains that the Frietze carrier has two sides having largely the same parts, the parts on one side being referenced as a number follo\'l1ed by the letter "a" (e.g. 6a, 4a, 9a, lOa, 30a) and the parts on the other side being referenced as a number followed by the letter "b" (e.g. 6b, 4b, 9b, 1 Ob). Although "30b" or "31 b" are not explicitly used in the specification or shown in the drawings, FIG. 3 shows 3 la as a female buckle and 3 Oa as a male buckle (Examiner notes that 30a and 31 b were taken to be the instrument male buckle and instrument female buckle), and an identical structure is shown in FIG. 1 as being on the other side (i.e. the "b" side). In addition, the specification states that an identical construction can be used to connect the harness loop 5 to the loop 4b as is used to connect the harness loop 5 to the loop 4a (see Col. 3 lines 62-64 ). It is Examiner's position that it is clear from the rejection and the 3 See note 1. 4 See note 1. 4 Appeal2014-002938 Application 13/020,179 specification and drawings of Frietze what parts were referenced by 3 lb and 30b. Ans. 2-3. Thus, we understand the Examiner to have identified the items labeled in the marked-up version of Figure 1 below to correspond to the anchor male buckle and the anchor female buckle: f .~~:~ii(~ E < ~ t :- ~~~~.r~: i ~~a~~--~ U~:~-~~~~::_~~~------------------1 Figure 1 is a perspective view of the equipment carrier 100. Appellant does not explain why these features are not anchor male and female buckles. Accordingly, Appellant does not apprise us of error. 5 Appeal2014-002938 Application 13/020,179 Noting that Frietze describes element 8a as an accessory loop, Appellant argues that Frietze fails to disclose a leg anchor loop as required by claim 16. See Br. 8. Appellant's argument is not responsive to the rejection as articulated by the Examiner, which identifies loop 4b as corresponding to the leg anchor loop as discussed supra. See Final Act. 2. Accordingly, Appellant does not apprise us of error. Noting that: the element "4b" of Frietze is an encircling loop (line 31 column 3 of Frietze ), and the element "5" of Frietze is shoulder harness loop (line 28-29 column 3 of Frietze). The element "I lb (I la)" of Frietze is a cam buckle connector. The element "11 b" is not a part of the elements "4b and 5" ofFrietze, (Br. 8), Appellant argues that Frietze fails to disclose an instrument loop comprising a securing loop fastener, a loop extension, and an instrument female buckle. See id. Again, this argument is not responsive to the rejection as articulated by the Examiner, as discussed supra. See Final Act. 2. Accordingly, Appellant does not apprise us of error. For these reasons, we sustain the Examiner's decision rejecting claim 16. DECISION The Examiner's rejection of claim 16 is AFFIRMED. 6 Appeal2014-002938 Application 13/020,179 No time period for taking any subsequent action in connection with this appeal may be extended under 37 C.F.R. Â§ 1.136(a). See 37 C.F.R. Â§ 1.136(a)(l )(iv). AFFIRMED 7