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 .
Specification
The disclosure is objected to be/cause of the following informalities: the term “servo” is indefinite. Is this a translation error and did Applicant mean the word “server”? .
Appropriate correction is required.
Claim Rejections - 35 USC § 112
Claims 1-20 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.
Regarding Claims 1-20, the term “servo” is indefinite. Is this a translation error and did Applicant mean the word “server”? 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) 1-3,6-8,11-13,15-17,20 is/are rejected (to the extent understood) under 35 U.S.C. 102(a)(1) as being fully met by DESIGN M PLUS (JP 6864938 B1) (“DESIGN”).
Paragraph numbers are from Espacenet.
Regarding Claims 1,11,20, DESIGN discloses a collaboration system for realizing online offsite synchronous ensemble (para. 0050), comprising:
a controlling device 81 in a first place;
at least one controlled device 811-814 in at least one second place different from the first place, wherein the controlling device 81 is connected or communicated with the controlled device via a network 103; and
a server device 101 connecting or communicating with the controlling device 81 and the controlled device 811-814 via the network 103, wherein the controlling device 81 and the controlled device 811-814 respectively receive a music score (e.g. para. 0020) of a same song from the server device 101 before performing the synchronous ensemble of the same song via the network or online, wherein the controlling device 81 sets a note starting position (bar position) regarding the music score of the same song when the same song is performed, and the controlling device 81 and the controlled device 811-814 synchronize the note starting position (bar position) of the music score of the same song, such that when the controlling device executes a start playing command of the music score of the same song, the controlling device 81 and the controlled device 811-814 start to play the music score of the same song note by note synchronously according to the note starting position of the music score of the same song (paras. 0050-0053).
Regarding Claims 2,12, DESIGN discloses the controlling device 81 has a first audio capture module 803, a first communication module and a first audio playing module (terminals are smartphones with network connections and speakers, not numbered, para. 0021), and the controlled device 811-814 has a second audio capture module 803, a second communication module and a second audio playing module (terminals are smartphones with network connections and speakers, para. 0021), wherein the first audio capture module 803 and the second audio capture module 803 capture a live audio of the controlling device 81 and the controlled device 811-814 respectively to transmit the audio of the controlling device 81 and the controlled device 811-814 respectively to the server device 101 via the first communication module and the second communication module, such that the audio of both the controlling device 81 and the controlled device 811-814 collected by the server device 101 is played synchronously by the first audio playing module and the second audio playing module (paras. 0050-0053).
Regarding Claims 3,13, DESIGN discloses the server device 101 has a music score database (para. 0020). DESIGN also teaches a plurality of terminals 811-814, a second terminal of which reads on a third audio capture module 803, an audio collection module and a third communication module (see above) which would function as a controlled device 811-814.
Regarding Claims 6,15, DESIGN discloses the controlling device 81 has a first music score data receiving unit 505, a note starting position controlling unit and a first music score data playing unit (para. 0051), wherein the first music score data receiving unit 505 receives the music score from the server device 101, the note starting position controlling unit sets the note starting position and a start playing time T1 of the music score of the controlling device 81, and the first music score data playing unit plays the music score from the server device 101 (para. 0051).
Regarding Claims 7,16, DESIGN discloses the controlled device 811-814 has a second music score data receiving unit 505, a note starting position controlled unit and a second music score data playing unit (para. 0053), wherein the second music score data receiving unit 505 receives the music score from the server device 101, the note starting position controlled unit receives a command from the controlling device 81 (via server 101) to set the note starting position and a start playing time of the music score of the controlled device 811-814, and the second music score data playing unit plays the music score from the server device 101 (para. 0053).
Regarding Claims 8,17, DESIGN discloses the controlling device 81 has a note starting position controlling unit and a first music score data playing unit (para. 0051), a first communication module (see above), and the controlled device 811-814 has a note starting position controlled unit and a second music score data playing unit (para. 0053), a second communication module (see above), wherein the note starting position controlling unit of the controlling device 81 shares a sequencing information of the note starting position to the controlled device 811-814 via the first communication module (via server 101), such that the note starting position controlled unit of the controlled device 811-814 receives the sequencing information of the note starting position via the second communication module (via server 101), wherein the sequencing information of the note starting position of the controlling device 81 is presented in the first music score data playing unit, and the sequencing information of the note starting position of controlled device 811-814 is presented in the second music score data playing unit (paras. 0050-0053).
Allowable Subject Matter
Claims 4,5,9,10,14,18,19 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JEFFREY DONELS whose telephone number is (571)272-2061. The examiner can normally be reached M-F.
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JEFFREY . DONELS
Examiner
Art Unit 2837
/JEFFREY DONELS/
Primary Examiner, Art Unit 2837