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 do not include the following reference sign(s) mentioned in the description:
In paragraph [0025], reference numbers 206c-e are mentioned, but fail 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 as failing to comply with 37 CFR 1.84(p)(4) because:
Reference character “102” has been used to designate both processors (Figure 1) and a device (Figure 7).
Reference character “112” has been used to designate both microphones (Figure 1) and an unmentioned element in Figure 7.
Reference character “114” has been used to designate both speakers (Figure 1) and an unmentioned element in Figure 7.
Reference character “116” has been used to designate both inputs (Figure 1) and an unmentioned element in Figure 7.
Reference character “118” has been used to designate both inputs/outputs (Figure 1) and an unmentioned element in Figure 7.
In Figures 8 and 10-12, reference character 830 has been used to designate both a user input (paragraphs [0054] and [0061] and a display area (paragraph [0055]).
Further in Figure 8, reference character 836 has been used to designate two separate user inputs.
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 as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description:
Figure 7, reference number 117 is shown, but fails to be mentioned in the Specification.
Figures 8 and 10-12, reference number 835 is shown, but fails to be mentioned in the Specification. It is generally referenced within a range of user inputs (paragraph [0054], 830-837), but is not specifically referenced with regards to the type of user input.
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.
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 1-20 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, line 7, please clarify whether the device at which user input is received is part of the system or a separate element merely in communication with the system.
Claim 1, lines 11-13, each output pitch value is recited as within the first pitch palette, however, a subset of the output pitch values is based on the predetermined interval change value, and thus not within the first pitch palette. Please clarify how a subset (i.e. part of the larger group), which contains changed pitch values, not part of the first pitch palette, can be a part of the sequence of output pitch values.
Claim 2, please clarify whether there is a correlation between the user input and the second plurality of output signals, similar to the correlation between the user input and the first plurality of output signals defined in claim 1.
Claim 7, line 1, please clarify whether “the processors” is the one or more processors previously recited.
Claims 10 and 11 are rejected for similar reasons as presented above in claims 1 and 2.
Claim 19, there appears to be missing connections between elements.
For example:
Claim 19, line 6, please clarify whether the device inputs are part of the system or an external device.
Claim 19, line 8, the recitation of the interval change value being relative to a previously-played pitch value is indefinite, given there is no previous mention of pitch values being played.
Claim 19, line 10, the recitation of “a pitch” is indefinite. Please clarify whether this pitch is related to a previously cited element, such as part of the palette, related to the first pitch related input, the previously played pitch, or related to the predetermined interval change value.
Claim 19, line 14, please clarify which available pitches are being recited (i.e. the available pitches of the first or second palette).
Claim 19 recites the limitation "the second row" in line 14. There is insufficient antecedent basis for this limitation in the claim, given there is no previous mention of a second row, or any rows..
Claim 20, line 1, “at least one pitch” is recited as part of the first or second pitch palette. Please clarify whether ”at least one pitch” is one of the available pitches (first or second), or a played pitch, related to the palette, or whether it is a new pitch unrelated to any previous pitches.
Further, please clarify from where this “at least one pitch” comes, and how it is connected to the rest of the system.
The remaining claims, not specifically addressed, depend from, and therefore include, the rejected limitations outlined above.
Allowable Subject Matter
Claims 1-20 are believed to be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Presently, the closest prior art of record are the US patent to Nishibori et al. (7,394,010), and the US patent application publications to Lemons (US 2008/0264241) and Beasley (US 2022/0122572).
Once a formal response is received, a further search and consideration of the prior art will be conducted.
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.
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.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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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/CHRISTINA M SCHREIBER/Primary Examiner, Art Unit 2837 06/08/2026
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