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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description:
In Figures 3A and 3B, reference numbers 330a, 330b and 330c are shown, but fail to be mentioned in the Specification.
In Figure 4, reference numbers 430a, 430b and 430c are shown, but fail to be mentioned in the Specification.
Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description:
In paragraphs [0040], [0042]-[0044], [0049]-[0053], [0061] and [0069], reference number 230 is mentioned, but fails to appear in the Drawings.
In paragraphs [0044], [0050], [0054] and [0061], reference number 232 is mentioned, but fails to appear in the Drawings.
In paragraphs [0071], [0074] and [0077], reference number 330 is mentioned, but fails to appear in the Drawings.
In paragraph [0082], reference number 430 is mentioned, but fails to appear in the Drawings.
In paragraph [0091], reference number 620 is mentioned, but fails to appear in the Drawings.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “port holes” (claim 7) must be shown or the feature canceled from the claim. No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
Claims 1-5, 7, 8, 11-15 and 17-25 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by the US patent application publication to Furuhashi (US 2005/0155486).
In terms of claim 1, Furuhashi teaches a piano (1) comprising a plurality of keys (wk, bk), a foot pedal mechanism (8, 81) positioned below the plurality of keys (see Figure 1A), a subwoofer (31, 31’) (low frequency speakers or subwoofers, see paragraphs [0043] and [0047]) positioned below the plurality of keys (see Figure 1A), and a controller (101) operably connected to the plurality of keys, the foot pedal mechanism, and the subwoofer, the controller configured to cause the digital piano to produce an audible output based on at least a user input on the plurality of keys, at least a portion of the audible output being emitted by the subwoofer (see Abstract and paragraph [0038]).
As for claim 2, Furuhashi teaches the subwoofer in contact with the foot pedal mechanism (see Figures 1A and 3).
As for claim 3, Furuhashi teaches the foot pedal mechanism comprising a housing (C), the subwoofer comprises a housing (3, 3’), and the housing of the foot pedal mechanism is attached to the housing of the subwoofer, an exterior surface of the housing of the foot pedal mechanism contacting an exterior surface of the housing of the subwoofer (see Figures 1A and 3).
As for claim 4, Furuhashi shows the housing of the subwoofer positioned such that it extends above the housing of the foot pedal mechanism (see Figures 1A and 3).
As for claim 5, Furuhashi shows the housing of the subwoofer abutting a rear portion of the housing of the foot pedal mechanism (see Figure 3).
As for claim 7, Furuhashi shows the housing of the foot pedal mechanism comprising one or more port holes facing inward toward the subwoofer (see Figure 3).
As for claim 8, Furuhashi teaches a housing for the subwoofer and the foot pedal mechanism (3, 3’, 41, C, 32, 32’, 43).
As for claim 11, Furuhashi teaches the subwoofer and the foot pedal mechanism positionable on a floor surface when the piano is supported on the floor surface (see Figures 1A and 3, base member 7, floor surface GL).
As for claim 12, Furuhashi teaches a panel extending along a rearward portion of the piano, the panel covering at least a part of a forward portion of the piano, wherein the subwoofer is positioned in the part of the forward portion of the digital piano (see Figure 3).
As for claim 13, Furuhashi teaches a panel extending along a rearward portion of the digital piano, the panel covering at least a part of a forward portion of the digital piano, wherein the subwoofer and the foot pedal mechanism are integrated with the panel (see Figure 3, elements integrated within a multiple panel system).
As for claim 14, Furuhashi teaches a speaker system comprising a first portion (20) (see Figure 4) positioned above the plurality of keys and a second portion positioned below the plurality of keys, the second portion of the speaker system comprising the subwoofer (31, 31’).
As for claim 15, Furuhashi teaches the subwoofer as an enclosed speaker (within box 3, 3’).
As for claim 17, Furuhashi teaches a speaker of the subwoofer directed laterally outwardly toward the foot pedal mechanism (see Figure 1A).
As for claim 18, Furuhashi teaches the speaker of the subwoofer positioned above the foot pedal mechanism (see Figures 1A and 3).
As for claim 19, Furuhashi teaches the subwoofer and foot pedal mechanism positionable on a floor surface and the piano is supported on the floor surface (7, GL).
As for claim 20, Furuhashi teaches the controller configured to cause the piano to produce a sub-audible output based on at least the user input on the plurality of keys, at least a portion of the sub-audible output being emitted by the subwoofer full frequency range, see paragraph [0043]).
In terms of claims 21-25, Furuhashi teaches similar elements as presented above in claims 1, 8, 11, 15 and 17-19.
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 6, 9, 10, 16 and 26 are rejected under 35 U.S.C. 103 as being unpatentable over Furuhashi in view of that which is well-known in the art.
As for claim 6, Furuhashi fails to explicitly teach the use of a cushioning material. It would have been obvious to one having ordinary skill in the art at the time of the effective filing date to include a cushioning material into the design of Furuhashi, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended problem(s) to be solved and the criteria of the objectives to be met. In re Leshin, 125 USPQ 416 (CCPA 1960). Given the use of cushion, foam, rubber, padding, etc. is well known in the art to not only protect elements but also to dampen sound, incorporating such a material into Furuhashi would have bene obvious. One such example in the art can be seen in the US patent to Azima et al. (6,399,870) (see column 3, lines 7-8 and 42-44).
As for claims 9 and 10, Furuhashi teaches detachable or removable panels, allowing access to the internal parts such as the subwoofer and foot pedal mechanism, therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date to make the internal elements easily detachable, since it has been held that constructing separable removable elements involves only routine skill in the art. Nerwin v. Erlichman, 168 USPQ 177, 179.
As for claims 16 and 26, Furuhashi fails to explicitly teach the claimed dimensions. It would have been obvious to one of ordinary skill in the art at the time of the effective filing date to configure the subwoofer with the claimed dimensions, since it has been held by the courts that, where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device, and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device. In Gardner v. TEC Systems, Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Please see the Notice of References Cited provided by the Examiner, in particular the Japanese publication JP H0573695 U, the US patent to Lawson (5,789,693) and the US patent application publications to Katz (US 2003/0015086), Izumi (US 2005/0150367) and Izumi et al. (US 2005/0150368).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Christina Schreiber whose telephone number is (571)272-4350. The examiner can normally be reached M-F 7-4 PM.
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/CHRISTINA M SCHREIBER/Primary Examiner, Art Unit 2837 01/22/2026