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
2. 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; or
(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.
3. Claims 1-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by JP 2018530820 A (machine translation, hereinafter D1).
Regarding claim 1, D1 discloses an input device comprising: an operator including an operation area (adaptive input sequence 200 in Fig. 2) configured to receive a contact operation performed by a user; a mode switcher (processing unit 900) that switches between a first mode (e.g., the third input mode shown in FIG. 2C , … a left or right sliding touch within region 219 can cause either a corresponding volume adjustment, increase or decrease, depending on the direction of the sliding touch) where a continuously changing value is receivable in response to an operation performed on the operator and a second mode (first input mode) different from the first mode (The set of indicators 201-204 may be displayed according to a first input mode); and a section presenter (the processing unit) that presents section information representing a plurality of sections of the operation area during the second mode (Adaptive input sequence 200 may include a set of programmable definition areas 211-214, each associated with a respective indicator of the set of indicators 201-204).
Regarding claim 2-4, D1 discloses: wherein the section information is displayed in the operation area (Fig. 2); wherein: the operation area is an area extending in a one-dimensional direction, and the section information is a line extending in a direction orthogonal to the one-dimensional direction (Fig. 2); wherein the operator is a touch bar (As shown in FIG. 2A, the adaptive input sequence 200 includes touch sensitive areas 210 …).
Regarding claim 5, D1 discloses: an outputter (processing unit) that outputs operation position information in response to a contact operation performed on the operation area by the user (see discussion of the slider node 233 in Fig. 2E).
Regarding claims 6-7, D1 discloses: wherein the operator includes an indicator that displays an operation position corresponding to a contact operation performed on the operation area by the user, wherein the indicator visibly indicates a range corresponding to a section, among the plurality of sections, corresponding to an operation position in the second mode (see discussion of indicators 211-214, 215, etc.).
Regarding claim 8, D1 discloses: wherein in the second mode, a discontinuous value is receivable in response to an operation performed on the operator (see discussion of the force node 318).
Regarding claim 9, D1 discloses the claimed invention (see discussion of claims 1-8 above).
Regarding claims 10 and 11, D1 discloses a controller including a processor; and an input device comprising: an operator including an operation area configured to receive a contact operation performed by a user; a mode switcher that switches between a first mode where a continuously changing value is receivable in response to an operation performed on the operator and a second mode different from the first mode; a section presenter that presents section information representing a plurality of sections of the operation area during the second mode; and an outputter that outputs operation position information in response to a contact operation performed on the operation area by the user, where the controller is configured to set a music parameter in accordance with operation position information output by the outputter(see discussion of claim 1-8 above).
The limitation of “An electronic musical instrument” has not been given patentable weight because the recitation occurs in the preamble. A preamble is generally not accorded any patentable weight where it merely recites the purpose of a process or the intended use of a structure, and where the body of the claim does not depend on the preamble for completeness but, instead, the process steps or structural limitations are able to stand alone.
Contact Information
4. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JIANCHUN QIN whose telephone number is (571)272-5981. The examiner can normally be reached 9AM-5:30PM EST 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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/JIANCHUN QIN/ Primary Examiner, Art Unit 2837
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