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 § 112
Claims 2,3 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.
Regarding Claims 2,3 the term “easiness of selection” is subjective and as such is vague and indefinite. Correction is required.
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.
(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.
Claim(s) 1,10,11 is/are rejected (to the extent understood) under 35 U.S.C. 102(a)(1) as being fully met by Kay et al (USPGP 20070074620).
Regarding Claims 1,10,11, Kay discloses an automatic performance device executing a process comprising:
determining stochastically 235 (pseudo-random) one of a plurality of timing patterns indicating a sound production timing of a musical instrument sound (paras. 0214, 0218), and determining a musical instrument tone designation table (paras. 0234, 0306-0308) associated with the determined timing pattern from a plurality of musical instrument tone designation tables (Figs. 19,20).
Regarding Claim 2, Kay discloses the timing pattern is determined based on timing pattern frequency data indicating easiness of selection (probability weighting 324; para. 0241-0243; Figs. 7,8) of each of the plurality of timing patterns.
Regarding Claim 3, Kay discloses determining a musical instrument tone produced at the sound production timing based on musical instrument tone frequency data indicating easiness of selection (probability weighting 324; para. 0241-0243; Figs. 7,8) of each of a plurality of different musical instrument tones included in the musical instrument tone designation table.
Regarding Claim 4, Kay discloses performing automatic performance based on the determined timing pattern and the determined musical instrument tone together with performing of a basic accompaniment pattern (para. 0231).
Regarding Claim 5, Kay discloses the musical instrument tone designation table further includes data designating a musical instrument tone to be produced at the sound production timing and data designating a velocity (Fig. 28) when the musical instrument tone is produced (paras. 0234-0236).
Regarding Claim 6, Kay discloses performing automatic performance based on the determined timing pattern, the determined musical instrument tone and velocity together with performing of a basic accompaniment pattern (multiple assignable patterns, para. 0231).
Regarding Claim 7, Kay discloses a communication circuit 290 transmitting data for automatic performance (MIDI) generated to an electronic musical instrument (paras. 0204, 0209, 0211).
Regarding Claim 8, Kay discloses a playing operator 200 (para. 0208).
Regarding Claim 9, Kay discloses an electronic musical instrument (Fig. 2; para. 0208).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The references cited show related teachings in the art.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JEFFREY DONELS whose telephone number is (571)272-2061. The examiner can normally be reached M-F.
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JEFFREY . DONELS
Examiner
Art Unit 2837
/JEFFREY DONELS/Primary Examiner, Art Unit 2837
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