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 .
DETAILED ACTION
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 1-20 is rejected under 35 U.S.C. 102 a1 or a2 as being anticipated by Novoa (U.S. Patent Publication 2023/0099808), effectively filed on 9/30/2021, the filing date of the provisional application number 63/250,321.
Regarding claim 1, Novoa discloses a method for providing a user with musical notations for playing a musical instrument, the method comprising:
receiving source musical notation data descriptive of source musical notation information that can be played with a musical instrument and/or sung by one or more users (figure 1, item 202);
analyzing the received source musical notation data for generating a source notation analysis output (is transcribed into a digital score file transcription by a processor, abstract);
receiving at least one target requirement defining target musical notation information (one or more target rules, abstract); and
providing, based on the source notation analysis output and the at least one target requirement, target musical notation data descriptive of target musical notation information (figure 1, items 106, 108).
Regarding claim 2 Novoa discloses the method of claim 1, wherein the providing of target musical notation data includes adapting the source musical notation data to arrive at the target musical notation data (figures 1 and 2 item 108).
Regarding claim 3, Novoa discloses the method of claim 1, wherein the providing of target musical notation data includes selecting, based on the source notation analysis output and the at least one target requirement, a set of target musical notation data from a plurality of sets of available target musical notation data (abstract).
Regarding claim 4, Novoa discloses the method of claim 1, wherein the source notation analysis output relates to one of the following: identifying one or more instruments that can be engaged for playing the source musical notation information (figure 2, item 112); a source difficulty level of the source musical notation (paragraph 81, to compensate for the difficulty); a source style relating to the source musical notation information (as shown in figures 8A-8C, different instruments); or any combination of the aforesaid.
Regarding claim 5, Novoa discloses the method of claim 1, wherein the at least one target requirement of the target musical notation information relates to one of the following: at least one target difficulty level (provided a simplification, figure 2); at least one target style; at least one target musical instrument for playing the target musical notation information (as shown in figures 8a-8c); at least one physiological characteristic of at least one target user playing an instrument according to the target musical information; at least one social characteristic of the at least one target user; or any combination of the aforesaid.
Regarding claim 6, Novoa discloses the method of claim 5, wherein the at least one target requirement is used to define one or more of the following musical notation characteristics: scale (figure 6); beats per minute (tempo adjustment, figure 2); time signature (paragraph 64); clefs (paragraph 63); tempo (tempo figure 2); note structure such as note length (as shown in figure4A, item 434), rest lengths (as shown in figure 4A item 430); rhythmic style; and playing setting.
Regarding claim 7, Novoa discloses the method of claim 5, wherein the target difficulty level is characterizable by one of the following musical notation characteristics: scale; beats per minute; time signature; clefs; tempo; note structure such as note length, rest lengths; rhythmic style; playing setting, or any combination of the aforesaid. The difficulty may be characterizable by any item shown in figure 2, which overlaps the applicant’s claimed invention.
Regarding claim 8, Novoa discloses the method of claim 1, wherein the adapting of the source musical notation data is performed by employing a Machine Learning (ML) Model (machine learning, paragraph 71).
Regarding claim 9, Novoa discloses the method of claim 1, comprising displaying information relating to the target musical information data (figures 8A-8D is a display of information relating to the target musical information data based on level).
Regarding claim 10, Novoa discloses the method of claim 1, wherein the target musical notation information is a simplified or more complex version of the source musical notation information (multiple levels are provided from level 1 to level 5).
Regarding claim 11, Novoa discloses a system for providing a user with musical notations for playing a musical instrument, the system comprising:
at least one processor configured to execute computer code instructions stored in the at least one memory (abstract) for performing:
receiving source musical notation data descriptive of source musical notation information that can be played with a musical instrument and/or sung by one or more users; analyzing the received source musical notation data for generating a source notation analysis output; receiving at least one target requirement defining target musical notation information; automatically providing, based on the source notation analysis output and the at least one target requirement, target musical notation data descriptive of target musical notation information (method of claim 1, as indicated above).
Claims 12-20 are rejected over Novoa for the system of claim 11, performing the method steps of claims 2-10 indicated above, which apply to claim 12- 20.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The examiner points to the references cited in the form 892. The examiner advises the applicant to review these references, because the examiner may apply the references in future actions, if necessitated by amendment.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT W HORN whose telephone number is (571)272-8591. The examiner can normally be reached 7:30-3:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Dedei Hammond can be reached on 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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/ROBERT W HORN/ Primary Examiner, Art Unit 2837
May 5, 2025
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