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 .
Response to Amendment
Receipt is acknowledged of applicant’s preliminary amendment filed March 23, 2023. Claims 1-15 are pending and an action on the merits is as follows.
Election/Restrictions
Applicant’s election with traverse of Species I in the reply filed on April 17, 2026 is acknowledged. The traversal is on the grounds that the technical feature does make a contribution over the prior art, since the Terry reference is “not comparable to the claimed subject matter of the present invention”. See pages 8 and 10. However, as shown below, the prior art discloses all limitations describing the elected species as described in the independent claims. Therefore the technical feature of the inventions does not constitute a special technical feature. The species shown in Figs. 1-2 and the species shown in Fig. 3 represent two distinct layouts of the user interface, which are described to be mutually exclusive. Since claims 1-15 all describe features of the elected Species I, claims 1-15 will be examined.
The requirement is still deemed proper and is therefore made FINAL.
Claim Objections
Claims 7 and 12 are objected to because the following elements lack proper antecedent basis in the claim(s):
Clam 7 line 3: “the tones (of the basic chord)”
Claim 12 line 3: “the display”
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-15 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.
Claim 1 includes the limitation “interface for a musical instrument, in particular an electronic or virtual musical instrument, for playing”. However the phrase "in particular" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d). For examining purposes, this limitation is interpreted as stating “interface for a musical instrument for playing”.
Claims 1, 3, 7, 10 include limitations which state “(which is) preferably”. However the term “preferably” renders the claim(s) indefinite because it is unclear whether the limitations following said term are part of the claimed invention. See MPEP § 2173.05(d). For examining purposes, these limitations are interpreted not including “(which is) preferably”, nor the limitations which immediately follow.
Claims 3 and 4 include limitations pertaining to “the tune”. However it is unclear whether applicant intends to reference the tune note command, or the tune sequence. For examining purposes, these limitations are interpreted as pertaining to “a tune sequence”.
Claim 7 includes the limitation “lower than the pitch of the remaining note commands”. However there is a lack of antecedent basis for “the note commands”. It is unclear whether applicant intends to reference the musical tone-producing commands or the tune note commands. For examining purposes, this limitation is interpreted as stating “lower than the pitch of the remaining musical tone-producing commands”.
Claim 10 includes the limitation “comprising the following steps: provision of the user interface”. However it is unclear which provision the claim requires, and if it differs from that already described.
Claims 2, 5, 6, 8, 9 and 11-15 depend from claims 1 or 10 and therefore inherit all claimed limitations. These claims do not correct the deficiencies of claims 1 or 10.
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 (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 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, 3-8, 10, 11, 13 and 14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Terry (US 8,822,803 B2).
Claim 1: Terry discloses a user interface for a musical instrument for playing combined chord and tune sequences shown in Fig. 1 to comprise a key matrix with a plurality of zones (shape of major/minor chords) which are arranged in columns and rows, as shown in Fig. 4A. Each row of activatable zones forms a region, wherein each region is associated with a basic chord of a scale, the chord being specific to the scale (column 4 lines 39-44). Each zone is associated with a musical tone of a scale (column 4 lines 5-6), as shown in Fig. 3. The user interface produces, when a zone in a region is activated, a musical tone-producing command corresponding to the activated zone and region, wherein the musical tone-producing command comprises at least one basic chord note command (MIDI note message) with a pitch which is contained in the basic chord associated with the activated region, and comprises a tune note command (velocity and pressure information), the pitch of which corresponds to the musical tone of the activated zone (column 3 line 66 through column 4 line 4).
Claim 3: Terry discloses a user interface as stated above, where musical tones of the tune sequence are shown in Fig. 3 to be associated in ascending pitch with the zones in each region, and the musical tones of the tune sequence, which are associated with successive zones in each region, form a scale (column 4 lines 30-31).
Claim 4: Terry discloses a user interface as stated above, where the same musical tone (C tone) of the tune sequence is associated with the zones in each column of the key matrix in a same color, as shown in Fig. 3.
Claim 5: Terry discloses a user interface as stated above, where the pitch of the zones and corresponding scale are selected and can be dynamically changed (column 4 lines 2-4). The pitch of the at least one basic chord note command then can be selected for each zone using a transposition key in such a way that it can be below the pitch of the musical note-producing command when transposing from major to minor (column 6 lines 7-14).
Claim 6: Terry discloses a user interface as stated above, where for each zone, the pitch of the at least one basic chord note command is selected such that the tonal distance between the tune note command and the closest basic chord note command is greater than a minor second, as shown in Fig. 4A.
Claim 7: Terry discloses a user interface as stated above, where the musical tone-producing command includes for each zone a bass note command which corresponds to one tone of the basic chord (root note), and has a pitch which is lower than the pitch of any remaining musical tone-producing commands, as shown in Fig. 4A.
Claim 8: Terry discloses a user interface as stated above, where a musical instrument comprising the user interface as well as a sound generator, which is designed, based on the musical tone-producing commands, to produce an audio signal for output via an audio output interface (column 6 lines 64-67).
Claim 10: Terry discloses a method for producing combined chord and tune sequences using a user interface for a musical instrument for playing combined chord and tune sequences shown in Fig. 1 to comprise a key matrix with a plurality of zones (shape of major/minor chords) which are arranged in columns and rows, as shown in Fig. 4A. Each row of activatable zones forms a region, wherein each region is associated with a basic chord of a scale, the chord being specific to the scale (column 4 lines 39-44). Each zone is associated with a musical tone of a scale (column 4 lines 5-6), as shown in Fig. 3. The user interface produces, when a zone in a region is activated, a musical tone-producing command corresponding to the activated zone and region, wherein the musical tone-producing command comprises at least one basic chord note command (MIDI note message) with a pitch which is contained in the basic chord associated with the activated region, and comprises a tune note command (velocity and pressure information), the pitch of which corresponds to the musical tone of the activated zone (column 3 line 66 through column 4 line 4). The user interface is provisioned and a user input is received when a zone of the key matrix is activated, where a musical tone-producing command is produced corresponding to the activated zone (column 3 line 66 through column 4 line 4).
Claim 11: Terry discloses a method as stated above, where an audio signal corresponding to the produced musical tone-producing command is synthesized, and outputted via an audio output interface (column 6 lines 64-67).
Claim 13: Terry discloses a method as stated above, where a computer-readable storage medium containing instructions (programming language) which cause at least one processor to perform a computer-implemented method when the instructions are carried out by the at least one processor (column 5 lines 34-40).
Claim 14: Terry discloses a method as stated above, where a musical instrument comprising the user interface as well as a sound generator, which is designed, based on the musical tone-producing commands, to produce an audio signal for output via an audio output interface (column 6 lines 64-67).
Claim Rejections - 35 USC § 103
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.
Claims 2, 9, 12 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Terry (US 8,822,803 B2) modified by Gatzsche et al. (US 2011/0100198 A1).
Claim 2: Terry discloses a user interface as stated above, where a default layout comprises the basic chords, which are associated with regions adjacent to one another, to have a tonal distance of a fourth from one another (column 4 lines 9-11). This reference fails to disclose the tonal distance to be of one third.
However Gatzsche et al. teaches a user interface for a musical instrument, where a tonal distance between adjacent zones (points) is one third (pages 2-3 paragraph [0019]).
Given the teachings of Gatzsche et al., it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the user interface disclosed in Terry with providing the tonal distance to be of one third. Doing so would automatically generate “’advantageous’ chord connections”, such that “unpleasantly sounding tone combinations may be avoided” as taught in Gatzsche et al. (page 6 paragraph [0073]).
Claims 9 and 15: Terry discloses a user interface and method as stated above, but fails to disclose a touchscreen, on which the key matrix can be displayed and the zones can be activated by touch.
However Gatzsche et al. teaches a user interface (operating means 110) for a musical instrument and a method, where the user interface includes a touchscreen, on which a key matrix (input field 380) shown in FIGURE 9A is displayed and zones can be activated by touch (page 13 paragraph [0161]).
Given the teachings of Gatzsche et al., it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the user interface and method disclosed in Terry with providing a touchscreen, on which the key matrix can be displayed and the zones can be activated by touch. Doing so would allow a layout in which the zones “on the surface of such a device may thus be adapted and configured to the size of the player’s hand. If instead of the finger, however, a pen-like object is used typically comprising a smaller footprint, correspondingly more tone qualities and tones may be represented on the operating surface” as taught in Gatzsche et al. (page 12 paragraph [0149]).
Claim 12: Terry discloses a method as stated above, where the method is constituted as a computer-implemented method (column 6 lines 64-67). This reference fails to disclose the provision of the user interface to comprise a display of the key matrix on a touchscreen.
However Gatzsche et al. teaches a method where a user interface (operating means 110) includes a touchscreen, on which a key matrix (input field 380) shown in FIGURE 9A is displayed and zones can be activated by touch (page 13 paragraph [0161]).
Given the teachings of Gatzsche et al., it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method disclosed in Terry with providing the provision of the user interface to comprise a display of the key matrix on a touchscreen. Doing so would allow a layout in which the zones “on the surface of such a device may thus be adapted and configured to the size of the player’s hand. If instead of the finger, however, a pen-like object is used typically comprising a smaller footprint, correspondingly more tone qualities and tones may be represented on the operating surface” as taught in Gatzsche et al. (page 12 paragraph [0149]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 9,159,307 B1 and US 2016/0104471 A1 pertaining to a user interface with a key matrix.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER UHLIR whose telephone number is (571)270-3091. The examiner can normally be reached M-F 8:30-4.
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/Christopher Uhlir/Primary Examiner, Art Unit 3619 June 22, 2026
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