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 .
Status of Claims
Applicant's amendments filed on 10 September 2025 have been entered. Claims 1 and 13 have been amended. No claims have been canceled. No claims have been added. Claims 1, 3, 6, 7, 13, and 14 are still pending in this application, with claims 1 and 13 being independent.
Response to Arguments
Applicant's arguments filed 10 September 2025 have been fully considered but they are not persuasive.
With respect to claim 1, Applicant argues that “Gyoten teaches the server 50 retrieves “the types of musical tone control data” that are applicable to the type of the electronic musical instrument (in step S20) so as to transmit the “retrieved musical tone control data” to the electronic musical instrument 20A (in step S22), in which it is the “server 50” instead of the “computers 40A, 40B (analogous to the “mobile terminal device” in claim 1 of the application)” that determines “the types of musical tone control data” that are applicable to the type of the electronic musical instrument. In contrast, as illustrated in paragraph [0129] of the published specification, the mobile terminal 50 registers the correspondence timbre information in the owned device list 53 of FIG. 10 such that, when the CPU 51 receives a list of resources from the server 70, it is possible to display only the timbre data and the expansion sound source data sets that can be handled by the electronic musical instrument 30 by comparing the list with the correspondence timbre information of the electronic musical instrument 30. Applicant respectfully submits that the determination of the timbre data and the expansion sound source data sets that can be handled by the electronic musical instrument is executed by the “mobile terminal device” in the claimed application, which distinguishes from the determination taught by Gyoten (i.e. determination by the server 50). Applicant respectfully submits that, through the distinguishing configuration above, the present application may have following effects: a. the server is directly connected to each of the “electronic musical instrument” and the “mobile terminal device”, which achieves a clear division of roles: “transmitting and receiving of timbre data” is between “the server and the electronic musical instrument”; and “selecting of timbre data” is between “the server and the mobile terminal device”. b. the “mobile terminal device” does not need to transmit, receive, or store timbre data, etc., but only needs to transmit, receive, or store attribute data. c. the “mobile terminal device” may display the unavailable timbre data in a different way (e.g. not displaying the resources that cannot be handled), as illustrated in paragraph [0131] of the published specification. Applicant respectfully submits that persons skilled in the art, from teaching of Kubita and Gyoten would not achieve the above effects since they fail to teach or disclose the configuration of the present application as illustrated above”.
Examiner notes that it is unclear which limitation Applicant is arguing for, as the portions of Gyoten are cited as reading on the limitations “a communication device configured to be connected to a network, communicate with a server via the network and exchange information with an electronic musical instrument via the server” and “wherein the correspondence data information comprises an attribute of timbre data that can be used by the electronic musical instrument, an identifier of wave data that can be used by the electronic musical instrument, or an identifier of expansion sound source data set that can be expanded by the electronic musical instrument,” on the former of which pertains to the transfer of information. Further, the only transfer of such information in said limitation is a communication device exchanging information with an electronic musical instrument via the server. This is clearly seen as being the case, as is shown in Fig. 1 (displaying the connection of a communication device to a network), and disclosed in the cited Abstract: “Electronic musical instrument 20A and personal computers 40A, 40B can access server 50 via internet 10…the user downloads the applicable musical tone control data from server 50 to electronic musical instrument 20A or to electronic musical instruments 20B, 20C via personal computers 40A, 40B,” clearly teaching such exchange of information with an electronic musical instrument via the server. Examiner asserts that Applicant does not discussed the cited portions of the references with respect to the pertinent limitations, does not refer to any specific examples of the claimed limitations, and that finally the cited references indeed teach these claimed limitations.
For the remaining claims, Applicant argues for their allowance for the same reasons as above. It follows that all remaining rejections are maintained for at least the same reasons.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Claims 1, 3, 6, 7, 13, and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Kubita (JP 2009180757A; translation attached), in view of Gyoten et al. (US Pub. 2003/0024376), hereinafter Gyoten.
Regarding claim 1, Kubita discloses a mobile terminal device (Paragraph [0016]: the communication I/F 11 is connected to a communication network 60 such as the Internet or a local area network (LAN), and control programs and performance data can be downloaded from an external server computer 70, etc., stored in the external storage device 4, and used on this electronic music device) comprising: a storage device configured to store correspondence data information of the electronic musical instrument (Paragraphs [0011]-[0016]: electronic music device comprises a central processing unit (CPU) 1, a random access memory (RAM) 2, a read only memory (ROM) 3, an external storage device 4, a performance operation detection circuit 5, a setting operation detection circuit 6, a display circuit 7, a sound source circuit 8, an effect circuit 9, a MIDI interface (I/F) 10, and a communication interface (I/F) 11, and these elements 1 to 11 are connected to each other via a bus 12); and a processor (Paragraph [0011]: electronic music device comprises a central processing unit (CPU) 1, a random access memory (RAM) 2, a read only memory (ROM) 3, an external storage device 4, a performance operation detection circuit 5, a setting operation detection circuit 6, a display circuit 7, a sound source circuit 8, an effect circuit 9, a MIDI interface (I/F) 10, and a communication interface (I/F) 11, and these elements 1 to 11 are connected to each other via a bus 12); and a processor (Paragraph [0011]: electronic music device comprises a central processing unit (CPU) 1, a random access memory (RAM) 2, a read only memory (ROM) 3, an external storage device 4, a performance operation detection circuit 5, a setting operation detection circuit 6, a display circuit 7, a sound source circuit 8, an effect circuit 9, a MIDI interface (I/F) 10, and a communication interface (I/F) 11, and these elements 1 to 11 are connected to each other via a bus 12) configured to: receive, from the server, a list of data association information comprising a list of resources of the timbre data, the wave data, or the expansion sound source data set that is stored in the server and used for reproduction of sounds or images (Paragraphs [0014]-[0015]: display circuit 7 controls the lighting/display content of various indicators (not shown) and the screen display section (display (indicator) such as LCD) of the touch panel 15 according to instructions from the CPU 1, and provides display assistance for various operations. It should be noted that the screen display unit (display device) and the setting operation unit (setting operator) may be separate units, rather than being a touch panel…The sound source circuit 8, together with an effect circuit 9 having a DSP, constitutes a musical tone signal generating section, which generates an audio-format musical tone signal representing a musical tone waveform based on performance data based on the performance operation of the performance operators 14 and performance data from the memory means 3, 4, etc.); compare the list of data association information with the correspondence data information (Paragraphs [0030]-[0033]: user performs editing operations on the instrument data being edited in the edit track display while comparing it with the data of other instruments in the group display, thereby editing the events in the edit track… the predetermined rule is to group together musical instruments that are structurally similar, or to group together instruments that are similar in arrangement during actual performance operation, and the manufacturer creates a track-group comparison table based on this rule in advance and stores it in ROM); and display information associated with the data association information included in the correspondence data information and information associated with the data association information not included in the correspondence data information in different display modes based on a comparison result (Paragraph [0025]: for an instrument group, sound generation events of multiple instrument tracks belonging to the same instrument group are overlapped with the same time axis. Therefore, when multiple events exist at the same timing on instrument tracks in the same group, it is preferable to increase the amount of information by displaying them in a different manner than when there is a single event (events that do not overlap at the same timing). It is also preferable to increase the amount of information regarding the selected instrument track by displaying events differently from those of the instrument group to indicate that data is currently being entered or that further input is possible, or by varying the display mode depending on the strength of the notes. In this example screen, when there are multiple events occurring at the same time for an instrument group, such as the "Cymbals/Hi-Hat" group on screen A or the "Other" group on screen B, the mark is changed to a double circle (◎ mark), and the selected instrument track is simply a different color from the instrument group, but this is not limited to this and various display modes such as other shapes, patterns, brightness (lightness), etc. can be adopted).
Kubita does not explicitly disclose a communication device configured to be connected to a network, communicate with a server via the network and exchange information with an electronic musical instrument via the server; wherein the correspondence data information comprises an attribute of timbre data that can be used by the electronic musical instrument, an identifier of wave data that can be used by the electronic musical instrument, or an identifier of expansion sound source data set that can be expanded by the electronic musical instrument.
However, Gyoten teaches an electronic musical instrument with varying display modes (Paragraphs [0048]-[0049]), further comprising a communication device configured to be connected to a network, communicate with a server via the network and exchange information with an electronic musical instrument via the server (Fig. 1; Abstract: electronic musical apparatus such as an electronic musical instrument can be easily customized in accordance with a user's preference. Electronic musical instrument 20A and personal computers 40A, 40B can access server 50 via internet 10. A database that stores musical tone control data for controlling the generation of musical tone signals is provided in memory device 59 disposed in main body part 52 of server 50. Information on applicable apparatus types is annexed to the musical tone control data. At the time of purchasing electronic musical instruments 20A to 20C, the user is given a user identification data ID that can specify the apparatus types of electronic musical instruments 20A to 20C. With the use of this identification data ID, the user downloads the applicable musical tone control data from server 50 to electronic musical instrument 20A or to electronic musical instruments 20B, 20C via personal computers 40A, 40B); wherein the correspondence data information comprises an attribute of timbre data that can be used by the electronic musical instrument, an identifier of wave data that can be used by the electronic musical instrument, or an identifier of expansion sound source data set that can be expanded by the electronic musical instrument (Paragraph [0032]: set of automatic play data are made of numerous event data made of key codes, key-on time, velocity, and others and representing events that follow the passage of time as well as timing data representing the time intervals between the events, and are play data for allowing automatic play of one piece of music. A set of automatic accompaniment data are made of chord pattern series and rhythm pattern series respectively representing chord sound series and percussion instrument sound series for one bar or plural bars that follow the passage of time, so as to control the generation of accompaniment sounds and rhythm sounds respectively corresponding to music genres such as rock music and marches. A set of timbre data are made of attack part waveform data representing the attack part waveforms, sustain part repetition waveform data representing the repetition waveforms of sustain parts, cut-off frequency data representing the cut-off frequency of a filter, and others, so as to control the timbre of the musical tones that are generated. A set of registration data are made of a combination of timbre name data, automatic accompaniment name data, tempo data, effect name data, and others respectively representing the selected timbre, automatic accompaniment, tempo, effect, and others, so as to simultaneously control plural kinds of modes of the musical tones that are generated. A set of effect data are made of DSP (digital signal processor) effect programs, DSP effect parameters, and others, so as to control the effects imparted to the musical tone signals that are generated; Paragraph [0040]: memory device 59 is provided with a database for storing numerous sets of musical tone control data that are applicable to numerous kinds of electronic musical instruments (numerous types of apparatus) manufactured by the manufacturer and are supplied to the user side. Referring to FIG. 5, the musical tone control data are similar to the previously described one made of automatic play data, automatic accompaniment data, timbre data, registration data, effect data, and others; however, applicable apparatus type data representing the type names of applicable electronic musical instruments are respectively attached to each of the musical tone control data. In this case, if applicable apparatus types are present in a large number, the database stores applicable apparatus type data representing all the types of applicable apparatus. The manufacturer at the time of selling a new apparatus type renews the database with the musical tone control data that are related to the new apparatus type). Gyoten teaches that this configuration will allow a user to easily find desired information (Abstract). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Kubita with the features above as taught by Gyoten so as to allow a user to easily find desired information as presented by Gyoten.
Regarding claim 3, Kubita, in view of Gyoten teaches the mobile terminal device according to claim 1, Kubita discloses wherein the processor displays the information associated with the data association information included in the correspondence data information and does not display the information associated with the data association information not included in the correspondence data information based on the comparison result (Paragraph [0045]: in the embodiment, the events of the instrument group to which the instrument track being edited belongs are displayed by excluding the events of the instrument track being edited and comparing them with other instruments, but the events of the instrument track being edited may also be included in the group display and superimposed, allowing comparison with the entire instrument).
Regarding claim 6, Kubita, in view of Gyoten teaches the mobile terminal device according to claim 1, Kubita discloses wherein the mobile terminal device receives the correspondence data information from the server (Paragraph [0016]: the communication I/F 11 is connected to a communication network 60 such as the Internet or a local area network (LAN), and control programs and performance data can be downloaded from an external server computer 70, etc., stored in the external storage device 4, and used on this electronic music device).
Regarding claim 7, Kubita, in view of Gyoten teaches the mobile terminal device according to claim 6, Kubita discloses wherein the correspondence data information received by the mobile terminal device from the server is associated with a user identifier of the mobile terminal device (Paragraph [0016]: the communication I/F 11 is connected to a communication network 60 such as the Internet or a local area network (LAN), and control programs and performance data can be downloaded from an external server computer 70, etc., stored in the external storage device 4, and used on this electronic music device; Paragraph [0036]: performance data editing and display process is called the "drum pattern editing and display process" and begins when the operation mode of the electronic music device is changed to the performance data editing and display mode and the "main drum" or "add 25-04-2024 11 drum" button is operated to transition to the drum pattern editing and display mode. In the first step S1, initialization is performed, and the performance data, the instrument track to be edited, the number of instrument groups to be displayed, the current position, the event input conditions, etc. are set to predetermined initial values according to defaults. Next, the processes of steps S2 to S6 are carried out in sequence in response to the user operation, and if there is no corresponding user operation, that step is skipped).
Regarding claim 13, Kubita discloses a terminal communication method executed by a mobile terminal device having a communication device and a storage device (Paragraph [0016]: the communication I/F 11 is connected to a communication network 60 such as the Internet or a local area network (LAN), and control programs and performance data can be downloaded from an external server computer 70, etc., stored in the external storage device 4, and used on this electronic music device), the terminal communication method comprising: receiving, from the server, a list of data association information comprising a list of resources of the timbre data, the wave data, or the expansion sound source data set that is stored in the server and used for reproduction of sounds or images (Paragraphs [0014]-[0015]: display circuit 7 controls the lighting/display content of various indicators (not shown) and the screen display section (display (indicator) such as LCD) of the touch panel 15 according to instructions from the CPU 1, and provides display assistance for various operations. It should be noted that the screen display unit (display device) and the setting operation unit (setting operator) may be separate units, rather than being a touch panel…The sound source circuit 8, together with an effect circuit 9 having a DSP, constitutes a musical tone signal generating section, which generates an audio-format musical tone signal representing a musical tone waveform based on performance data based on the performance operation of the performance operators 14 and performance data from the memory means 3, 4, etc.); comparing the received list of data association information with correspondence data information of the electronic musical instrument stored in the storage device (Paragraphs [0030]-[0033]: user performs editing operations on the instrument data being edited in the edit track display while comparing it with the data of other instruments in the group display, thereby editing the events in the edit track… the predetermined rule is to group together musical instruments that are structurally similar, or to group together instruments that are similar in arrangement during actual performance operation, and the manufacturer creates a track-group comparison table based on this rule in advance and stores it in ROM); and displaying information associated with the data association information included in the correspondence data information and information associated with the data association information not included in the correspondence data information in different display modes based on a result of the comparison (Paragraph [0025]: for an instrument group, sound generation events of multiple instrument tracks belonging to the same instrument group are overlapped with the same time axis. Therefore, when multiple events exist at the same timing on instrument tracks in the same group, it is preferable to increase the amount of information by displaying them in a different manner than when there is a single event (events that do not overlap at the same timing). It is also preferable to increase the amount of information regarding the selected instrument track by displaying events differently from those of the instrument group to indicate that data is currently being entered or that further input is possible, or by varying the display mode depending on the strength of the notes. In this example screen, when there are multiple events occurring at the same time for an instrument group, such as the "Cymbals/Hi-Hat" group on screen A or the "Other" group on screen B, the mark is changed to a double circle (◎ mark), and the selected instrument track is simply a different color from the instrument group, but this is not limited to this and various display modes such as other shapes, patterns, brightness (lightness), etc. can be adopted).
Kubita does not explicitly disclose connecting to a network, communicating with a server via the network and exchanging information with an electronic musical instrument via the server by the communication device; wherein the correspondence data information comprises an attribute of timbre data that can be used by the electronic musical instrument, an identifier of wave data that can be used by the electronic musical instrument, or an identifier of expansion sound source data set that can be expanded by the electronic musical instrument.
However, Gyoten teaches an electronic musical instrument with varying display modes (Paragraphs [0048]-[0049]), further connecting to a network, communicating with a server via the network and exchanging information with an electronic musical instrument via the server by the communication device (Fig. 1; Abstract: electronic musical apparatus such as an electronic musical instrument can be easily customized in accordance with a user's preference. Electronic musical instrument 20A and personal computers 40A, 40B can access server 50 via internet 10. A database that stores musical tone control data for controlling the generation of musical tone signals is provided in memory device 59 disposed in main body part 52 of server 50. Information on applicable apparatus types is annexed to the musical tone control data. At the time of purchasing electronic musical instruments 20A to 20C, the user is given a user identification data ID that can specify the apparatus types of electronic musical instruments 20A to 20C. With the use of this identification data ID, the user downloads the applicable musical tone control data from server 50 to electronic musical instrument 20A or to electronic musical instruments 20B, 20C via personal computers 40A, 40B); wherein the correspondence data information comprises an attribute of timbre data that can be used by the electronic musical instrument, an identifier of wave data that can be used by the electronic musical instrument, or an identifier of expansion sound source data set that can be expanded by the electronic musical instrument (Paragraph [0032]: set of automatic play data are made of numerous event data made of key codes, key-on time, velocity, and others and representing events that follow the passage of time as well as timing data representing the time intervals between the events, and are play data for allowing automatic play of one piece of music. A set of automatic accompaniment data are made of chord pattern series and rhythm pattern series respectively representing chord sound series and percussion instrument sound series for one bar or plural bars that follow the passage of time, so as to control the generation of accompaniment sounds and rhythm sounds respectively corresponding to music genres such as rock music and marches. A set of timbre data are made of attack part waveform data representing the attack part waveforms, sustain part repetition waveform data representing the repetition waveforms of sustain parts, cut-off frequency data representing the cut-off frequency of a filter, and others, so as to control the timbre of the musical tones that are generated. A set of registration data are made of a combination of timbre name data, automatic accompaniment name data, tempo data, effect name data, and others respectively representing the selected timbre, automatic accompaniment, tempo, effect, and others, so as to simultaneously control plural kinds of modes of the musical tones that are generated. A set of effect data are made of DSP (digital signal processor) effect programs, DSP effect parameters, and others, so as to control the effects imparted to the musical tone signals that are generated; Paragraph [0040]: memory device 59 is provided with a database for storing numerous sets of musical tone control data that are applicable to numerous kinds of electronic musical instruments (numerous types of apparatus) manufactured by the manufacturer and are supplied to the user side. Referring to FIG. 5, the musical tone control data are similar to the previously described one made of automatic play data, automatic accompaniment data, timbre data, registration data, effect data, and others; however, applicable apparatus type data representing the type names of applicable electronic musical instruments are respectively attached to each of the musical tone control data. In this case, if applicable apparatus types are present in a large number, the database stores applicable apparatus type data representing all the types of applicable apparatus. The manufacturer at the time of selling a new apparatus type renews the database with the musical tone control data that are related to the new apparatus type). Gyoten teaches that this configuration will allow a user to easily find desired information (Abstract). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Kubita with the features above as taught by Gyoten so as to allow a user to easily find desired information as presented by Gyoten.
Regarding claim 14, Kubita, in view of Gyoten teaches communication system comprising the mobile terminal device according to claim 1 (see claim 1).
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW D SALVUCCI whose telephone number is (571)270-5748. The examiner can normally be reached M-F: 7:30-4:00PT.
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/MATTHEW SALVUCCI/Primary Examiner, Art Unit 2613