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 .
Information Disclosure Statement
The information disclosure statement(s) (IDS(s)) submitted on 2/22/2023, 10/11/2023, 11/20/2023, and 5/20/2024 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement(s) are being considered by the examiner.
Claim Rejections - 35 USC § 102
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 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.
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 and 2 are rejected under 35 U.S.C. 102(a)(1) as anticipated by Yuichiro et al. (US 5965834 A, October 12, 1999), hereinafter Yuichiro.
Regarding claim 1, Yuichiro discloses an electronic percussion instrument comprising: a first frame having an upper surface configured as a hit surface (Yuichiro col. 3, lines 13-18: "The second cymbal unit 13 is made of such material as rubber formed roughly into a domed shape and is used for cup playing. It is comprised by an instrument body 13A having a strike section B at its outer peripheral section, and a reinforcing plate 13B provided on the outer peripheral section of the back surface." Yuichiro's "second cymbal unit 13" corresponds to the "first frame" of the instant claim.); a first sensor attached to the first frame (Yuichiro col. 3, lines 18-19: "A sensor 19 is provided on the back surface of the reinforcing plate 13B.") for detecting vibration of a hit to the first frame (Yuichiro col. 1, lines 27-30: "sensors such as piezo-electric elements are attached to the back surface of the cymbal to convert the mechanical vibrations to electrical signals."); a second frame disposed below the first frame in a non-contact state with the first frame (Yuichiro col. 2, lines 61-65: "A preferred embodiment will be presented with reference to the drawings. An electronic cymbal instrument 10 is comprised by a first cymbal unit 12 and a second cymbal unit 13, which are separated vertically and are attached to a common cymbal holder 11." Yuichiro's "first cymbal unit 12" corresponds to the "second frame" of the instant claim.) and having an outer edge that is located on an outer peripheral side of an outer edge of the first frame to form an edge portion (Yuichiro col. 3, lines 19-25: "The second cymbal unit 13 is smaller than the first cymbal unit 12 and is placed above the first cymbal unit 12. Therefore, the distance D1 between the strike section B to the cymbal holder 11 in the second cymbal unit 13 is shorter than the distance D2 between the strike section A and the cymbal holder 11 in the first cymbal unit 12."); and a second sensor attached to the second frame for detecting vibration of a hit to the second frame (Yuichiro col. 2, line 66 - col. 3, line 7: "The first cymbal unit 12 is made of a material such as polymeric resin and is used for normal playing. It is comprised by a fan-shaped instrument body 12A, formed into a curved body of a gently protruding upward shape, and a rubber padding 12B, constituting the strike section, bonded to the outer peripheral edge of the front surface of the instrument body 12A. Also, a sensor 15 is firmly attached to a back surface of the instrument body 12A near the peripheral edge.").
Regarding claim 2, Yuichiro discloses an electronic percussion instrument comprising the features of claim 1 as discussed above.
Yuichiro further discloses an elastic body supported by a rod (Yuichiro col. 3, lines 31-38: "The cymbal holder 11 comprises a holder body 25 for attaching to a musical score stand and bass drum during the performance. The top section of the holder body 25 includes a rotation prevention jig 26, jig seat 27, a pair of top and bottom felt washers 23, 28 for the first cymbal unit 12 sitting above the jig seat 27, and a felt washer 30 for cushioning the second cymbal unit 13 in association with the felt washer 28, and a wing nut 31."), wherein the first frame and the second frame are supported by the rod via the elastic body (Yuichiro col. 3, lines 41-45: "The wing nut 31 is coupled to the top end of the holder body 25 to compress on the felt washer 30 towards the second cymbal unit 13 so as to retain the first and second cymbal units 12, 13 in place on the holder body 25.").
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.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 3-4 are rejected under 35 U.S.C. 103 as unpatentable over Yuichiro in view of Field (US 20120118130 A1, May 17, 2012), and further in view of Yoshino (US 20150179159 A1, June 25, 2015), hereinafter Yoshino '159.
Regarding claim 3, Yuichiro discloses an electronic percussion instrument comprising the features of claim 2 as discussed above.
Yuichiro does not explicitly disclose a cushioning material having a predetermined elasticity and provided between a lower surface of the outer edge side of the first frame and an upper surface of the second frame, wherein contact between the first frame and the second frame is restricted by the cushioning material in response to the first frame or the second frame being hit.
However, Field teaches a cushioning material having a predetermined elasticity (Field ¶0030: "The rubber gasket is also flexible so it conforms to different surfaces. It may be made out of a neoprene rubber and it dampens any surface that it is applied to, avoiding false triggering and applying the right amount of dampening so that when it is triggered, the strike will be accurate and will not constantly resonate.") and provided between a lower surface of the outer edge side of the first frame and an upper surface of the second frame (Field ¶0050: "A double sided adhesive 303 in the gasket may be used for bonding the top and bottom metal choke pieces together on the outer edges only, leaving the center portion free to make contact when pressure is applied, and then return to its normal state.").
Furthermore, Yoshino '159 teaches that the contact between the first frame and the second frame is restricted by the cushioning material in response to the first frame or the second frame being hit (Yoshino '159 ¶0155: "Further, the second frame 32 is supported by the pair of the holding portions 63a and 63b of the connection ring 60 while spaced from the first frame 31. Accordingly, the vibration of the first frame 31 can be prevented from being directly transmitted to the second frame 32.").
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the electronic percussion instrument of Yuichiro by adding the cushioning material of Field and the restriction of movement of Yoshino '159 to allow for better separation of the piezo sensors due to this dampening, thereby reducing cross-triggering (Field ¶0034).
Regarding claim 4, Yuichiro (in view of Field and further in view of Yoshino) teaches an electronic percussion instrument comprising the features of claim 3 as discussed above.
Yoshino '159 further teaches that the cushioning material is formed continuously in a circumferential direction centering on the rod (Yoshino '159 ¶0154: "By contrast, the second bottom portion 81 and the bow extension portion 3c of the annular portion 3 are connected to the connection ring 60 throughout the circumferential direction."), and a space between the first frame and the second frame is closed by the cushioning material (Yoshino '159 ¶0096: "The connection ring 60 is formed of a rubbery elastic body. In addition, an outer diameter of an outer circumferential surface of the connection ring 60 is substantially equal to the inner diameter of the bow extension portion 3c of the annular portion 3 and the inner diameter of the outer circumferential upright portion 73 of the first frame 31.").
Claims 5 and 6 are rejected under 35 U.S.C. as unpatentable over Yuichiro in view of Field, and further in view of Yoshino '159 and Yoshino (US 20140298978 A1, October 9, 2014), hereinafter Yoshino '978.
Regarding claim 5, Yuichiro (in view of Field and further in view of Yoshino '159) teaches an electronic percussion instrument comprising the features of claim 3 as discussed above.
Field further teaches or suggests a third sensor, wherein a musical tone being generated is attenuated in response to the third sensor detecting that the first frame and the second frame are pinched (Field ¶0048: "A positive connection may act as an off switch to choke the piezo that sends a note off message to the sound module. The top choke cover may bend slightly when grabbed to make contact with the bottom choke to short the sensor acting as an off switch.").
Yuichiro (in view of Field and further in view of Yoshino '159) does not explicitly disclose that the third sensor is provided between the cushioning material and the first frame or the second frame.
However, Yoshino '978 suggests that the third sensor is provided between the cushioning material and the first frame or the second frame (Yoshino '978 ¶0109: "Accordingly, the edge sensor 32 is sandwiched between the lower surface of the main body portion 10 and the lower covering portion 23 and pressed.").
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the electronic percussion instrument of Yuichiro (as modified by Field and Yoshino '159) by adding the cushioning material of Field and the restriction of movement of Yoshima to enable human contact to send a choke/note off signal (Field ¶0048).
Regarding claim 6, Yuichiro (in view of Field and further in view of Yoshino '159 and Yoshino '978) teaches an electronic percussion instrument comprising the features of claim 5 as discussed above.
Yoshino '978 further teaches that a musical tone being generated is attenuated in response to the third sensor detecting that the first frame and the second frame are pinched for a predetermined period of time or longer (Yoshino '978 ¶0012: "Then, the sound source module determines whether the edge portion 13 is struck or the choke operation is performed according to an output time of the electrical signal outputted by the edge sensor 32. That is, if the output time is shorter than a predetermined time, it is determined that the edge portion 13 is struck; and if the output time is longer than the predetermined time, it is determined that the choke operation is performed.").
Claim 7 is rejected under 35 U.S.C. as unpatentable over Yuichiro in view of Yoshino '978 and Yoshino '159.
Regarding claim 7, Yuichiro discloses an electronic percussion instrument comprising the features of claim 1 as discussed above.
Yuichiro does not explicitly disclose that the first frame is configured as an electronic cymbal having a bell portion and a bow portion, and the second sensor is disposed at a position overlapping with the bell portion when viewed in a vertical direction.
However, Yoshino '978 teaches that the first frame is configured as an electronic cymbal having a bell portion and a bow portion (Yoshino '978: "The main body portion 10 is provided with a bell portion 11, a bow portion 12, and the edge portion 13. The bell portion 11 is a bowl-shaped portion formed at a central part of the main body portion 10. The bow portion 12 is an annular portion that extends in a flange shape from an outer edge of the bell portion 11.").
Furthermore, Yoshino '159 teaches that the second sensor is disposed at a position overlapping with the bell portion when viewed in a vertical direction (Yoshino '159 ¶0062: "The sensor accommodating portion 30 is disposed below the central portion 2 while fitting the outside of the second ring 20. The first sensor 41 and the second sensor 42 are accommodated by the sensor accommodating portion 30.").
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the electronic percussion instrument of Yuichiro by adding the bell portion and bow portion of Yoshino '978 and the second sensor of Yoshino '159 to improve uniformity of sensitivity distribution of the second sensor (Yoshino '159 ¶0154).
Claim 8 is rejected under 35 U.S.C. as unpatentable over Yuichiro in view of Field.
Regarding claim 8, Yuichiro discloses an electronic percussion instrument comprising the features of claim 1 as discussed above.
Yuichiro does not explicitly disclose that an upper surface and an outer peripheral surface of the edge portion of the second frame are not covered with an elastic body.
However, Field teaches that an upper surface and an outer peripheral surface of the edge portion of the second frame are not covered with an elastic body (Field ¶0039: " The top metal cover plate 101 mounts on top of a rubber gasket and bolts to any surface. Piezo sensors are attached to the under-side with adhesive. The cover plate also acts a resonance transfer plate. When the top metal cover 101 is struck, the vibration transfers to the piezo sensors." ¶0048: "The top metal choke section 301 may be made from a thin electrically conductive material. The top choke plate can also be used as the entire cymbal body.").
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the electronic percussion instrument of Yuichiro by adding the omission of an elastic body of Field to preserve the natural characteristics of a metal cymbal being struck (Field ¶0011).
Claim 9 is rejected under 35 U.S.C. as unpatentable over Yuichiro in view of Hiraku (US 20050211062 A1, September 29, 2005).
Regarding claim 9, Yuichiro discloses an electronic percussion instrument comprising the features of claim 1 as discussed above.
Yuichiro does not explicitly disclose that a cover member made of foamed resin that covers the upper surface of the first frame; and a film member covering an upper surface of the cover member and having a higher strength than the cover member, wherein the film member is a woven fabric or non-woven fabric formed using synthetic fibers, or a resin film.
However, Hiraku teaches that a cover member made of foamed resin that covers the upper surface of the first frame (Hiraku ¶0026: "In view of the relationship between the surface layer portion 62 and the body portion 61, the body portion 61 may be made of a foam, and the surface layer portion 62 may be made of a non-foam of the same material or may be made of a polymeric material having a composition a portion of which is the same as the composition of the polymeric elastic material constituting the body portion 61."); and a film member covering an upper surface of the cover member (Hiraku ¶0011: "To achieve this, a pad according to the present invention has a body portion made of a polymeric elastic material, and a surface layer portion which is bonded with the body portion so as to cover the body portion.") and having a higher strength than the cover member (Hiraku ¶0054: "Also since the surface layer portion is hard and has high rigidity, it is structurally resilient against striking by a stick, and thus damage such as scraping and cracking of the pad surface does not occur."), wherein the film member is a woven fabric or non-woven fabric formed using synthetic fibers, or a resin film (Hiraku ¶0014: "In a pad according to the present invention, the surface layer portion is preferably formed by fusion bonding or other bonding of a film, a sheet, a woven fabric or a knit fabric made of polymeric material, or application of a coating composition comprising the polymeric material, or double molding or insert molding using the polymeric material.").
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the electronic percussion instrument of Yuichiro by adding the cover member and film member of Hiraku to improve three characteristics of quietness, durability, and good striking feel (Hiraku ¶0010).
Claim 10 and 11 are rejected under 35 U.S.C. as unpatentable over Yuichiro in view of Hiraku and further in view of Yoshiaki (US 20220044664 A1, February 10, 2022).
Regarding claim 10, Yuichiro (in view of Hiraku) teaches an electronic percussion instrument comprising the features of claim 9 as discussed above.
Yuichiro (in view of Hiraku) does not explicitly disclose that the first frame includes a plurality of slits penetrating vertically.
However, Yoshiaki suggests that the first frame includes a plurality of slits penetrating vertically (Yoshiaki ¶0049: "The notch portion 3a is formed from a peripheral edge portion of the bottom cymbal 3 toward the center. It includes a region that is elastically deformable by a pressing force generated when the top cymbal 2 comes into contact with the bottom cymbal 3. A plurality of (five in the present embodiment) notch portions 3a are formed at equal intervals in the circumferential direction." Although Yoshiaki's bottom cymbal 3 corresponds to the second frame of the instant claims, the claimed top-cymbal slits represent a design choice involving reversal, duplication, and/or rearrangement of parts (MPEP § 2144.04(VI)), which involves applying a known technique to a known device (method, or product) ready for improvement to yield predictable results. (MPEP § 2143(D))).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the electronic percussion instrument of Yuichiro (as modified by Hiraku) by adding the plurality of slits of Yoshiaki to suppress the sounding of the cymbal and to allow air to be released through the notch portion (Yoshiaki ¶0024).
Regarding claim 11, Yuichiro (in view of Hiraku and further in view of Yoshiaki) teaches an electronic percussion instrument comprising the features of claim 10 as discussed above.
Yoshiaki further suggests that the first frame is configured as an electronic cymbal (Yoshiaki ¶0047: "The top cymbal 2 vibrates when struck with a stick held by the player. ") having a bell portion and a bow portion (Yoshiaki ¶0050: "An upper surface of the pad 2a is formed with a striking surface. The striking surface includes an edge portion a, a cup portion b, and a bow portion c that can be struck by the player."), the first sensor is attached to the bell portion (Yoshiaki ¶0053: "As illustrated in FIG. 7, the vibration sensor S3 and the optical sensor 7, formed on a substrate 8, are attached to the back surface of the central portion of the frame 2b, according to the present embodiment."), and the slits are formed radially centering on the first sensor side (Yoshiaki ¶0049: "The notch portion 3a is formed from a peripheral edge portion of the bottom cymbal 3 toward the center. It includes a region that is elastically deformable by a pressing force generated when the top cymbal 2 comes into contact with the bottom cymbal 3. A plurality of (five in the present embodiment) notch portions 3a are formed at equal intervals in the circumferential direction." Although Yoshiaki's bottom cymbal 3 corresponds to the second frame of the instant claims, the claimed top-cymbal slits represent a design choice involving reversal, duplication, and/or rearrangement of parts (MPEP § 2144.04(VI)), which involves applying a known technique to a known device (method, or product) ready for improvement to yield predictable results. (MPEP § 2143(D)).
Conclusion
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/PHILIP G SCOLES/
Examiner, Art Unit 2837
/DEDEI K HAMMOND/Supervisory Patent Examiner, Art Unit 2837
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