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.
(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) 1-6,8,11,12,15,16,18,20,22,29-34 is/are rejected under 35 U.S.C. 102(a)(1) as being fully met (to the extent understood) by Adachi et al (JPH02146595A).
Regarding Claim 1, Adachi discloses a pressure measurement device for use with a musical instrument, the device comprising:
a. at least one inlet 22 to receive air from a player of the musical instrument as the player plays the musical instrument (Fig. 2); and
b. At least one sensor 202 associated with the at least one inlet 22;
wherein the at least one sensor 202 is configured to sense information relating to pressure from the received air in real time as the musical instrument is played (Figs. 1,2, with the breath pressure sensor 202 connected to the indicator display 408).
Regarding Claim 2, Adachi discloses at least one processor 224 associated with the at least one sensor 202 to process the information relating to pressure.
Regarding Claim 3, Adachi discloses a pressure sensor 202.
Regarding Claim 4, Adachi discloses the pressure measurement device is configured to measure lung pressure (breath pressure) of a player playing the musical instrument, in real time.
Regarding Claim 5, Adachi discloses at least one display 408 to display real-time information relating to pressure and/or calculated using the information relating to pressure (provision of real time data from the sensor and real-time display is implicit from the specification; Figs. 1-3, 5-7).
Regarding Claim 6, Adachi discloses the pressure measurement device is provided as a multi-part device with any one or more of the components 21, 22 provided in any one or more parts (Figs. 2A, 8).
Regarding Claim 8, Adachi discloses the at least one display 408 is an electronic display screen, the information displayed thereon in the form of one or more generated and displayed interfaces updated in real-time to give an indication of pressure of the received air, based on the information captured by the at least one sensor 202 (Figs. 5A-5C,7).
Regarding Claim 11, Adachi discloses the device is configured as a bespoke musical instrument to mimic a real instrument in terms of playability and relative positioning of a mouthpiece 22 and buttons/keys/valves 28 used to sound at least one note (Fig. 2A; devices is configured to mimic a woodwind instrument).
Regarding Claim 12, Adachi discloses the bespoke musical instrument is an electronic instrument comprising an electronics system (Fig. 1) to identify the at least one musical note intended based on actuation of the buttons/keys/valves 28, sounding each at least one musical note electronically based on the player blowing into the mouthpiece 22 and actuation of the buttons/keys/valves 28.
Regarding Claim 15, Adachi discloses a mouthpiece 22 with an opening into which a player blows, a body 2 relative to which the buttons/keys/valves 28 are located and an outlet/bell 39 (Figs. 8,9).
Regarding Claim 16, Adachi discloses the at least one inlet 22 of the pressure measurement device is associated with the opening in the mouthpiece, positioned to receive a representative portion of a player's breath (Figs. 2A, 2B, 3C, 8, 9).
Regarding Claim 18, Adachi discloses the controller/processor 224 is associated with at least one inlet 22 and buttons/keys/valves 28 to control emission of sounds electronically 4 based on actuation of the buttons/keys/valves 28.
Regarding Claim 20, Adachi discloses at least one sound emitter 4 to emit the notes generated and sounded electronically 6.
Regarding Claim 22, Adachi discloses at least one communication device providing at least one communication pathway (between devices 2 and 4; Fig. 2B) provided on the bespoke musical instrument to allow communication with at least one remote associated electronic device.
Regarding Claims 29,34 Adachi discloses a musical instrument (title, abstract, Figs. 1,2).
Regarding Claim 30, Adachi discloses a pressure measurement system for use with a musical instrument, the system including:
a. a pressure measurement device comprising:
i. at least one inlet 22 to receive air from a player of the musical instrument as the player plays the musical instrument; and
ii. at least one sensor 202 associated with the at least one inlet 22; and
iii. at least one processor 224 associated with the at least one sensor;
wherein the at least one sensor 202 is configured to sense information relating to pressure from the received air in real time as the musical instrument is played; and
b. an associated device 4 operatively associated with the pressure measurement device, the associated device including at least one display 408 to display real-time data relating to information relating to pressure (Figs. 1,2B,5A-C,6).
Regarding Claim 31, Adachi discloses at least one sound emitter 6, 39 may be provided on, in or relative to the associated device to sound at least one musical note based on the use of the musical instrument.
Regarding Claim 32, Adachi discloses a real-time communication link (between devices 2 and 4; Fig. 2B) is provided between the pressure measurement device and the associated device.
Regarding Claim 33, Adachi discloses the pressure measurement device comprises at least one controller/processor 224, 414 is configured for communication with the associated device to cause the display information 408 on the associated device (Fig. 1).
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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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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JEFFREY . DONELS
Examiner
Art Unit 2837
/JEFFREY DONELS/Primary Examiner, Art Unit 2837