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 Objections
Claims 4-6,9,13-15,18 and 20-22 are objected to because of the following informalities:
Regarding Claim 4, on line 3, after “light”, insert “-”.
Regarding Claim 5, on lines 2 and 4, after “light”, insert “-”.
Regarding Claim 6,
on line 2, after “light”, insert “-”,
on line 4, after “surface of”, insert “the”.
Regarding Claim 13, on line 3, after “light”, insert “-”.
Regarding Claim 14, on line 2 and 3, after “light”, insert “-”.
Regarding Claim 15,
on line 2, after “light”, insert “-”,
on line 4, after “surface of”, insert “the”.
Regarding Claim 20, on line 3, after “light”, insert “-”.
Regarding Claim 21, on line 1 and 3, after “light”, insert “-”.
Regarding Claim 22,
on line 1, after “light”, insert “-”,
on line 4, after “surface of”, insert “the”.
Claim 16 is objected to because of the following informality: claim 16 recites dependency from claim 15; however, in view of the corresponding claim structure, including claim 7 depending from claim 5, it appears that claim 16 was intended to depend from claim 14. Applicant is required to amend the dependency of claim 16 as appropriate.
Claims 9 and 18 and objected to because of the following informality: the phrase “intensity each of” should be replaced with “intensity of each” for grammatical correctness.
Claim 22 is objected to because of the following informality: the term “by” appearing at the end of the claim appears to be extraneous and should be deleted.
Appropriate correction is required.
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 6,8-9 and 15-23 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.
Claims 6,15 and 22 recite “simulating motion of the pattern as it is observable by a user onto the upper surface of plurality of keys.” It is unclear what is meant by the pattern being observable by a user “onto” the upper surface of the plurality of keys, and therefore the relationship between the simulated motion, the pattern, and the upper surface of the keys is unclear.
For purposes of examination, the limitation is interpreted as requiring simulation of motion of the pattern observable by a user on the upper surface of the plurality of keys.
Claim 16 depend from claim 15, respectively, and does not cure the aforementioned indefiniteness and is therefore rejected for the same reasons.
Claims 8 and 17 recite the controller first operates the light-emitting apparatus “responsive to receiving the key switch”. It is unclear what is meant by the controller “receiving the key switch”. A key switch is previously recited as a component of the piano system, whereas claims 1 and 10 respectively recite that the controller is configured to “receive an input from the plurality of key switches.” It is unclear whether claim 8 intends the controller to receive the key switch itself, an input generated by the key switch, or some other information associated with the key switch.
For purposes of examination, “responsive to receiving the key switch” is interpreted as “responsive to receiving an input from the key switch.”
Claims 9 and 18 recite “such that the light-emitting apparatus is emitting the second identified color at a second intensity when the second input is received”, but subsequently recite that the apparatus emits “second identified color at the first intensity and the first identified color at the second intensity”. It is unclear whether the first identified color or the second identified color is intended to be emitted at the second intensity when the second input is received.
For the purposes of examination, the limitation “such that the light-emitting apparatus is emitting the second identified color at a second intensity when the second input is received” is interpreted as reciting “such that the light-emitting apparatus is emitting the first identified color at a second intensity when the second input is received”, consistent with the surrounding limitations of the claim.
Claim 19 recites “identifying an identified sound sample associated with each key switch from which the inputs of the two or more concurrent inputs was received” and “playing the identified sound sample for a duration of the inputs of the concurrent inputs are received.” It is unclear whether a respective sound sample is identified and played for each concurrent key-switch input and for what duration each identified sound sample is played. In particular, claim 19 identifies a sound sample associated with “each key switch”, but subsequently recites singularly “playing the identified sound sample,” and the phrase “for duration of the inputs of the concurrent inputs are received does not clearly define the duration of playback.
For purposes of examination, claim 19 is interpreted as requiring identification of a respective sound sample associated with each key switch from which a concurrent input is received and playing each respective identified sound sample for the duration that its corresponding input is received.
Claims 20-23 depend from claim 19 and do not cure the aforementioned indefiniteness and rejected for the same reasons.
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 1-7, 10-16 and 19-23 are rejected under 35 U.S.C. 103 as being unpatentable over US20020138523 (Steinberg), hereinafter US’523, in view of US8901405 (McCarthy), hereinafter US’405, and in further view of US20060207412 (Okamoto), hereinafter US’412.
Regarding claim 1, US’523 discloses ‘A piano system comprising: a keyboard comprising: a plurality of keys (US’523, Fig. 1, ¶[0012]:”a personal computer and a piano keyboard” processor 11 receiving digital codes from “a piano-like keyboard 12” and states the depression of a key produces a digital code identifying the key);
and a plurality of key switches, each key switch being actuatable by a key of the plurality of keys (US’523, ¶[0012]: ”Depression of a key gives an output digital color code indicative of the key”, the signal additionally contains information concerning the duration, , velocity, etc. of its depression, and MIDI is given as an exemplary coding system);
a sound output device (US’523, ¶[0012]:” the digital signals are also processed by a sound circuit 13 which drives one or more speakers 14”);
and a mapping associating each key switch with a color of the plurality of colors capable of being emitted by the plurality of light-emitting elements (US’523, Table I, ¶[0013]:” The table includes a coded color for each of the keys or tones represented by the keys”);
a controller operably coupled to each of the plurality of key switches, the sound output device, the light-emitting apparatus, and the non-transitory computer-readable medium (US’523, ¶¶[0012]-[0015]. Figs. 1 and 3, processor 11 receives the key-generated digital signals, the keyboard signals are processed through sound circuit 13 to speakers 14, and the computer accesses the store color lookup table and produces corresponding visual-display control signals), the controller being configured to: receive an input from the plurality of key switches (US’523, Fig. 1, ¶[0012]:”Depression of a key given an output digital color coded indicative of the key”);
play the identified sound sample for a duration the input is received (US’523, ¶[0012]: signal generated by key depression includes information regarding “duration, intensity, velocity, etc. of its depression”, keyboard signals are processed by sound circuit 13, which drives speakers 14);
identify an identified color associated with the key switch from which the input was received (US’523, ¶¶[0013]-[0015], Table 1, stores a color for each key/note and responsive to the key input, retrieves the corresponding RGB color code from lookup table);
and when receiving two or more concurrent inputs from two or more key switches: identify a first identified color associated with a first key switch from one of the two or more concurrent inputs was received (US’523, ¶[0019]:”If two or more color keys are depressed simultaneously…”);
identify a second identified color associated with a second key switch from another of the two or more concurrent inputs was received (US’523, ¶[0019]:”… the colors could be mixed visually by alternating rapidly between the colors such that the viewer's eye combines the colors”);
and operate the light-emitting apparatus such that a pattern resulting from at least one light-emitting element of the plurality of light-emitting elements emitting the first identified color and at least one light emitting element of the plurality of light-emitting elements emitting the second identified color (US’523, ¶[0004]:” the keyboard is a music keyboard … with a simultaneous patterned color display”; ¶[0019]: ”… the colors could be alternately displayed in adjacent small areas such that the viewer's eye combines the images of intermixed color dots”).
operate the light-emitting apparatus such that at least one light-emitting element of the plurality of light-emitting elements is emitting the identified color
US’523 further discloses ‘operate [a visual display] emitting/displaying the identified color …’ (US’523, ¶[0015]:”the computer may be programmed to light only a portion of the screen as each key is depressed to give a multicolor display”) ‘…for the duration the input is received (US’523, ¶[0013]:”receives the digital signals includes a stored color lookup table or palette”).
US’523 does not expressly disclose ‘such that at least one light-emitting element of the plurality of light-emitting elements is emitting the identified color.
a light-emitting apparatus comprising a plurality of multi-color light-emitting elements, the light-emitting apparatus being positioned to emit light onto an upper surface of the plurality of keys, and the light-emitting elements being operable to emit light in a plurality of colors;
[and]
a non-transitory computer-readable medium having stored thereon: a plurality of sound samples;
a mapping associating each key switch of the plurality of key switches with a sound sample of the plurality of sound samples;
identify an identified sound sample associated with the key switch from which the input was received;
However, US’405 discloses ‘…such that at least one light-emitting element of the plurality of light-emitting elements is emitting the identified color (US’405, Figs. 2-5, implementing such visual output using individually controllable multicolor LEDs integrated with the piano keys. Its controller causes individual LEDs to radiate the selected colors);
a light-emitting apparatus comprising a plurality of multi-color light-emitting elements (US’405, Fig. 3, keyboard LEDs 308, controller module 302, and LED driver 312, col. 2, lines 23-27:” FIG. 5 … illustrating the use of electroluminescent material … with a keyboard … of multiple colors to be selectively illuminated in association with one particular key of the keyboard”, col. 5, lines 1-6:” RGB LEDs is such that the respective signals on each of the red, green, and/or blue input triggers changes the output color … by controlling the relative signals to each RGB LED, almost any color may be created), the light-emitting apparatus being positioned to emit light onto an upper surface of the plurality of keys (US’405, Fig. 2, col. 5, lines 21-23:” as each note of the musical score occurs on the display, the appropriate keys on the keyboard are illuminated so the player will visually detect which keys make the note”), and the light-emitting elements being operable to emit light in a plurality of colors (US’405, col. 6, lines 35-36:” FIG. 6, various LEDs are illuminated below the keys of a keyboard”, blue light 611 and green light 612 identify two different keyboard keys to be struck, col. 1, lines 55-57:“the control module is operative to cause the LEDs to radiate in a multiplicity of colors”);
However, US’412 discloses ‘a non-transitory computer-readable medium having stored (US’412, ¶[0021]:”ROM 3 is a machine readable medium … stores a variety of control programs …. preset waveform data”; ¶[0022]:” waveform data or voice (tone) data can be stored in an arbitrary storage medium and then be used for waveform assignment or automatic playing”) thereon: a plurality of sound samples (US’412, ¶[0030]: "waveform 1" to "waveform 61" each being separate waveform data, assigned across the 61-key keyboard C1-C6)
a mapping associating each key switch of the plurality of key switches with a sound sample of the plurality of sound samples (US’412, Fig. 2(b) ¶[0029]: waveform data are assigned to keys or key ranges on keyboard 14; ¶[0033]:”waveform assignment information of the entire key range is referred to as an "assignment map"”);
identify an identified sound sample associated with the key switch from which the input was received (US’412, ¶[0060]:”waveform data assigned to the operated key is selected with reference to the assignment map…”);
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify US’523’s keyboard-responsive color display system to incorporate US’405’s individually controllable multicolor light-emitting elements associated with the piano keys, in order to provide US’523’s key-associated color indications directly at the keyboard, and to further incorporate US’412’s stored waveform data assigned to respective keyboard keys and sounded in response to operation of the respective keys, in order to provide a corresponding audible sound for each key. The combination would have provided both visual and audible indications responsive to operation of the piano keys using a keyboard display and sound-generation techniques.
Regarding claim 2, US’523 (in view of US’405 and US’412) discloses ‘The piano system of claim 1, as discussed above.
US’523 further discloses ‘wherein the controller is configured to, when receiving two concurrent inputs from a first key switch and a second key switch (US’523, ¶[0019]:”If two or more color keys are depressed simultaneously…”):
identify a first identified color associated with the first key switch (US’523, ¶[0013], Table 1 identifies the respective MIDI note/key and its corresponding selected color and RGB values);
identify a second identified color associated with the second key switch (US’523, Table 1, ¶[0013]: lookup table contain a coded color “for each of the keys or tones”, the second key corresponds to its own stored color; ¶[0019]:”the colors” resulting when “two or more color keys are depressed simultaneously”);
‘and operate the light-emitting apparatus such that the light-emitting elements of the plurality of light-emitting elements are alternated in a repeating pattern to emit one of the first identified color or the second identified color along a length of the light-emitting apparatus.
US’523 discloses ‘alternated in a repeating pattern to emit one of the first identified color or the second identified (US’523, ¶[0019]:”the colors could be mixed visually by alternating rapidly between the colors… Alternatively, the colors could be alternately displayed in adjacent small areas such that the viewer's eye” combines the respective colors”)
US’523 does not expressly disclose ‘the plurality of light-emitting elements
[and]
‘the light-emitting elements … are alternated in a repeating pattern … along a length of the light-emitting apparatus.
However, US’405 discloses ‘the light-emitting elements of the plurality of light-emitting elements (US’405, col. 5, lines 40-50: See FIG. 3, controllable multicolor keyboard LEDs 308 distributed in association with the piano keys. Controller module 302 and LED driver 312 control the individual LEDs; col. 6, lines 35-43: FIG. 6, different LEDs/keyboard locations displaying different colors, including blue light 611 and green light 612 at different keys).
Neither expressly discloses that the individual light-emitting elements are alternated in a repeating first-color/second-color pattern along a length of the light-emitting apparatus.
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to arrange US’523’s alternately displayed first and second colors in a repeating pattern along US’405’s individually controllable light-emitting elements. The repeating arrangement of the first and second colors would have been an obvious matter of design choice because the claimed arrangement and the prior-art arrangement perform the same function and produces no unexpected result. In re Kuhle, 526 F.2d 553, 555 (CCPA 1975).
Regarding claim 3, US’523 (in view of US’405 and US’412) discloses ‘The piano system of claim 1, as discussed above.
US’523 further disclosed ‘wherein the controller is configured to, when receiving three concurrent inputs from a first key switch, a second key switch; and a third key switch (US’523, ¶[0019]:”If two or more color keys are depressed simultaneously…”):
identify a first identified color associated with the first key switch (US’523, Table 1, ¶[0013]:”The table includes a coded color for each of the keys or tones represented by the keys”);
identify a second identified color associated with the second key switch (US’523, Table 1, associates individual musical key/notes will respective selected colors and RGB values, ¶[0013]);
identify a third identified color associated with the third key switch (US’523, Table 1 associates individual musical key/notes will respective selected colors and RGB values, ¶[0019]: simultaneously depression of “two or more” color keys; ¶[0013]);
‘and operate the light-emitting apparatus such that the light-emitting elements of the plurality of light-emitting elements are alternated in a repeating pattern to emit one of the first identified color, the second identified color, or the third identified color along a length of the light-emitting apparatus.
US’523 disclosed ‘and operate the light-emitting apparatus such that the light-emitting elements … alternated in a repeating pattern to emit one of the first identified color, the second identified color, or the third identified color (US’523, ¶[0019]:”the colors could be mixed visually by alternating rapidly between the colors… Alternatively, the colors could be alternately displayed in adjacent small areas such that the viewer's eye” combines the respective colors”; respective colors generated by three simultaneously depressed keys)
US’523 does not expressly disclose implementing its alternating color presentation with ‘the plurality of light-emitting elements
[and]
‘the light-emitting elements … are alternated in a repeating pattern … along a length of the light-emitting apparatus.
However, US’405 discloses ‘the plurality of light-emitting elements (US’405, col. 5, lines 40-50: See FIG. 3, controllable multicolor keyboard LEDs 308 distributed in association with the piano keys. Controller module 302 and LED driver 312 control the individual LEDs; the controller causes the individual LEDs to display their respective colors and can cause different colors to be illuminated by one or more LEDs).
Neither expressly discloses that the individual light-emitting elements are alternated in a repeating first-color/second-color/third-color pattern along a length of the light-emitting apparatus
It would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to implement US’523’s alternating colors corresponding to three simultaneously depressed keys using US’405’s individually controllable multicolor keyboard LEDs, thereby providing the respective first, second and third colors at consecutive LED locations across the keyboard lighting apparatus, because US’405’s individually addressable multicolor LEDs provide a known means for presenting different musical visual indications directly at respective locations across a piano keyboard.
Regarding claim 4, US’523 (in view of US’405 and US’412) discloses ‘The piano system of claim 1, as discussed above.
US’523 (in view of US’405 and US’412) further discloses ‘wherein the pattern resulting from at least one light-emitting element of the plurality of light-emitting elements emitting the first identified color and at least one light emitting element of the plurality of light-emitting elements emitting the second identified color (US’405, col. 5, lines 55-62:individually controllable multicolor keyboard LEDs 308 such that the appropriate color is displayed by each LED, and col. 6, lines 35-40: FIG. 6 illustrates different respective LEDs displaying a blue light 611 and a green light 612; see FIG. 3 and FIG. 6)
US’523 does not expressly disclose ‘is a repeating striped pattern.
However, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to configure the multi-color pattern as a repeated striped pattern, because doing so is predictable geometric variation of the visual pattern that performs the same visual-display function.
Regarding claim 5, US’523 (in view of US’405 and US’412) discloses ‘The piano system of claim 4, as discussed above.
US’523 (in view of US’405 and US’412) further discloses ‘wherein the controller is further configured to change the color of light emitted by each light-emitting element …as time progresses (US’523, [0019]:”the color wavers about a central color … the colors could be mixed visually by alternating rapidly between the colors”), with a light-emitting element emitting the first identified color at a first moment in time during which the concurrent input of two or more key switches is received (US’523, [0019]:”If two or more color keys are depressed simultaneously…”) and the second identified color at a second moment in time subsequent to the first moment in time during which the concurrent input of two or more key switches is received (US’523, [0019]:”the colors could be mixed visually by alternating rapidly between the colors…”), the concurrent input of the two or more key switches having been received continuously between the first moment in time and the second moment in time (US’523, [0019]:”… two or more color keys are depressed simultaneously…”).
‘of the plurality of light-emitting elements (US’405, col. 4, lines 62-67, col. 5, lines 40-50 and col. 6, lines 1-7:FIGS. 3 and 5, individually controllable multiple LEDs, wherein changes in the input signals to an RGB LED change its output color and controller module 302\LED driver 312 controls each individual LED to illuminate the appropriate color).
Regarding claim 6, US’523 (in view of US’405 and US’412) discloses ‘The piano system of claim 5, as discussed above.
US’523 (in view of US’405 and US’412) further discloses ‘wherein the controller is configured to change the color of light emitted by each light-emitting element of the plurality of light-emitting elements as time progresses (US’405, col. 5, lines 3-4:”changes the output color of the LED almost continuously along the spectrum…”, in response to changes in respective RGB input signals, controlling the relative signals supplied to each RGB LED, almost any color can be created, FIG. 5, col. 6, line 61:”in a sequence which changes with each round”) simulating motion of the pattern (US’523, ¶[0019]:”pitch is assigned patterns or colors … a note from a guitar might be represented by a vibrating polygon. Attack might be represented by an expanding shape and decay by a fading note”,) as it is observable by a user onto the upper surface of plurality of keys (US’405, FIGS. 2 and 5, positioning the multicolor LEDs with the piano keys such that the resulting illumination is visible at the keys).
Regarding claim 7, US’523 (in view of US’405 and US’412) discloses ‘The piano system of claim 5, as discussed above.
US’523 further discloses ‘wherein the controller is further configured to, upon ceasing to receive an input from one of the two or more key switches with which the second identified color is identified (US’523, FIGS 1 and 5, ¶[0012]: receiving individual inputs corresponding to respective piano keys “Depression of a key gives an output digital color code indicative of the key… regarding duration, intensity, velocity, etc. of its depression” ; Table 1, ¶[0013]:”The table includes a coded color for each of the keys or tones represented by the keys” an individual key input having a particular duration an identified color associated with that particular key) while continuing to receive the other inputs of the two or more key switches (US’523, ¶[0012], ¶[0019]: receiving individual key inputs having respective durations and expressly teaches the concurrent condition in which “two or more color keys are depressed simultaneously” the respective key inputs are individually identifiable while the multiple key inputs are concurrently received),
operate the light-emitting apparatus to emit at least the first identified color (US’523, ¶¶[0014]-[0015]:displaying the color corresponding to a received key input; the computer retrieves the corresponding RGB color code and sends the appropriate color-control signals to produce the selected color; portions of the display may be illuminated “as each key is depressed to give a multicolor display”); (US’405, FIG. 3, implementing the color output using individually controllable multicolor keyboard LEDs, with controller module 302 and LED driver 312 controlling the appropriate color displayed by the respective LEDs).
.
US’523 does not expressly disclose ‘and to not emit the second identified color.
US’405 discloses individual control of the multicolor LEDs. Controller module 302 controls keyboard LEDs 308 through LED driver 312 such that each particular LED is caused to illuminate the appropriate color. See FIG 3, col. 5, lines 40-67 and col. 6, lines 1-7.
US’405 does not expressly disclose ‘and to not emit the second identified color.
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention, upon stopping of an input associated with a second identified color while another key input continues to be received, to cease emitting the second identified color while continuing to emit the color associated with the continuing input. Such operation would have amounted to the use of US’523’s key-to-color correspondence according to its established function, because removal of the key input removes the condition leading to its associated color indication, while the continuing key input continues to provide the condition for its corresponding color indication. KSR Int’l Co. v. Teleflex Inc., 550 U.S. 398, 417 (2007).
Regarding claim 10. A kit for retrofitting a piano comprising a keyboard comprising a plurality of keys and a plurality of key switches actuatable by the keys and a sound output device, the kit comprising:
a light-emitting apparatus comprising a plurality of multi-color light-emitting elements, the light-emitting apparatus being configured to be positioned to emit light onto an upper surface of the plurality of keys, and the light-emitting elements being operable to emit light in a plurality of colors; (Corresponds to claim 1)
a non-transitory computer-readable medium having stored thereon: (Corresponds to claim 1)
a plurality of sound samples; a mapping associating each key switch of the plurality of key switches with a sound sample of the plurality of sound samples; and a mapping associating each key switch with a color of the plurality of colors capable of being emitted by the plurality of light-emitting elements; (Corresponds to claim 1)
a controller configured to be coupled to each of the plurality of key switches, the sound output device, the light-emitting apparatus, and the non-transitory computer- readable medium, the controller being configured to: (Corresponds to claim 1)
receive an input from the plurality of key switches; (Corresponds to claim 1)
identify an identified sound sample associated with the key switch from which the input was received; (Corresponds to claim 1)
play the identified sound sample for a duration the input is received;
identify an identified color associated with the key switch from which the input was received; (Corresponds to claim 1)
operate the light-emitting apparatus such that at least one light-emitting element of the plurality of light-emitting elements is emitting the identified color for the duration the input is received; (Corresponds to claim 1)
and when receiving two or more concurrent inputs from two or more key switches: identify a first identified color associated with a first key switch from one of the two or more concurrent inputs was received; (Corresponds to claim 1)
identify a second identified color associated with a second key switch from another of the two or more concurrent inputs was received; (Corresponds to claim 1)
and operate the light-emitting apparatus such that a pattern resulting from at least one light-emitting element of the plurality of light-emitting elements is emitting the first identified color and at least one light emitting element of the plurality of light-emitting elements is emitting the second identified color. (Corresponds to claim 1)
US’523 does not expressly disclose “A kit for retrofitting a piano comprising a keyboard comprising a plurality of keys … the kit.
However, US’405 discloses and electronic piano arrangement comprising a keyboard have a plurality of keys coupled to a control component (Fig. 2, col. 4, lines 26-32); col. 4, lines 34-41: the keyboard may be a MIDI keyboard or synthesizer “adapted for use” with the system, and may be implemented using “any type of keyboard adaptable to the teachings of the invention”.
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to provide US’523’s separately coupled components as a kit for adapting an existing piano or keyboard, because US’405 examines adapting different types of keyboards for use with its system. Providing the components together as a kit would have amounted to packaging the components in a form suitable for their intended use and would not have altered their respective functions. Such a modification would have involved the combination of familiar components according to known methods to yield the result of permitting an existing keyboard to be adapted to provide US’523’s functionality. KSR U.S. at 416-17.
Regarding claim 11, US’523 (in view of US’405 and US’412) discloses ‘The kit of claim 10 wherein the controller is configured to, when receiving two concurrent inputs from a first key switch and a second key switch: identify a first identified color associated with the first key switch;
identify a second identified color associated with the second key switch;
and operate the light-emitting apparatus such that the light-emitting elements of the plurality of light-emitting elements are alternated in a repeating pattern to emit one of the first identified color or the second identified color along a length of the light-emitting apparatus. (Claim 11 corresponds to claim 2)
Regarding claim 12, US’523 (in view of US’405 and US’412) discloses ‘The kit of claim 10 wherein the controller is configured to, when receiving three concurrent inputs from a first key switch, a second key switch;
and a third key switch: identify a first identified color associated with the first key switch;
identify a second identified color associated with the second key switch;
identify a third identified color associated with the third key switch;
and operate the light-emitting apparatus such that the light-emitting elements of the plurality of light-emitting elements are alternated in a repeating pattern to emit one of the first identified color, the second identified color, or the third identified color along a length of the light-emitting apparatus. (Claim 12 corresponds to claim 3)
Regarding claim 13, US’523 (in view of US’405 and US’412) discloses ‘The kit of claim 10 wherein the pattern resulting from at least one light- emitting element of the plurality of light-emitting elements emitting the first identified color and at least one light emitting element of the plurality of light-emitting elements emitting the second identified color is a repeating striped pattern. (Claim 13 corresponds to claim 4)
Regarding claim 14. The kit of claim 13 wherein the controller is further configured to change the color of light emitted by each light-emitting element of the plurality of light-emitting elements as time progresses, with a light-emitting element of the plurality of light emitting elements emitting the first identified color at a first moment in time during which the concurrent input of two or more key switches is received and the second identified color at a second moment in time subsequent to the first moment in time during which the concurrent input of two or more key switches is received,
the concurrent input of the two or more key switches having been received continuously between the first moment in time and the second moment in time. (Claim 14 corresponds to claim 5)
Regarding claim 15. The kit of claim 14 wherein the controller is configured to change the color of light emitted by each light-emitting element of the plurality of light-emitting elements as time progresses, simulating motion of the pattern as it is observable by a user onto the upper surface of plurality of keys. (Claim 15 corresponds to claim 6)
Regarding claim 16. The kit of claim 15 wherein the controller is further configured to, upon ceasing to receive an input from one of the two or more key switches with which the second identified color is identified while continuing to receive the other inputs of the two or more key switches, operate the light-emitting apparatus to emit at least the first identified color and to not emit the second identified color. (Claim 16 corresponds to claim 7)
Regarding claim 19, US’523 discloses ‘A method of providing visual responses when using a keyboard (US’523, ¶¶[0012]-[0015], [0019], FIG. 1 and Table 1) comprising a plurality of keys and a plurality of key switches, each key switch being actuatable by a key of the plurality of keys, a sound output device, and a light-emitting apparatus comprising a plurality of multi-color light-emitting elements, the light-emitting apparatus being positioned to emit light onto an upper surface of the plurality of keys,
and the light-emitting elements being operable to emit light in a plurality of colors, a non- transitory computer-readable medium having stored thereon a plurality of sound samples,
a mapping associating each key switch of the plurality of key switches with a sound sample of the plurality of sound samples,
and a mapping associating each key switch with a color of the plurality of colors capable of being emitted by the plurality of light-emitting elements,
and a controller operably coupled to each of the plurality of key switches, the sound output device, the light-emitting apparatus, and the non-transitory computer-readable medium, the method comprising: receiving two or more concurrent inputs from two or more key switches;
identifying an identified sound sample associated with each key switch from which the inputs of the two or more concurrent inputs was received;
playing the identified sound sample for a duration of the inputs of the concurrent inputs are received;
identifying a first identified color associated with a first key switch from one of the two or more concurrent inputs was received;
identifying a second identified color associated with a second key switch from another of the two or more concurrent inputs was received;
and operating the light-emitting apparatus to emit light onto the upper surface of the plurality of keys such that a pattern resulting from at least one light-emitting element of the plurality of light-emitting elements emitting the first identified color and at least one light emitting element of the plurality of light-emitting elements emitting the second identified color. (Claim 19 corresponds to claim 1)
Regarding claim 20. The method of claim 19 wherein the pattern resulting from at least one light-emitting element of the plurality of light-emitting elements emitting the first identified color and at least one light emitting element of the plurality of light-emitting elements emitting the second identified color is a repeating striped pattern. (Claim 20 corresponds to claim 4)
Regarding claim 21. The method of claim 20 further comprising changing the color of light emitted by each light-emitting element of the plurality of light-emitting elements as time progresses, with a light-emitting element of the plurality of light emitting elements emitting the first identified color at a first moment in time during which the concurrent input of two or more key switches is received and the second identified color at a second moment in time subsequent to the first moment in time during which the concurrent input of two or more key switches is received,
the concurrent input of the two or more key switches having been received continuously between the first moment in time and the second moment in time. (Claim 21 corresponds to claim 5)
Regarding claim 22. The method of claim 21 further comprising changing the color of light emitted by each light-emitting element of the plurality of light-emitting elements as time progresses, simulating motion of the pattern as it is observable by a user onto the upper surface of plurality of keys by. (Claim 22 corresponds to claim 6)
Regarding claim 23. The method of claim 21 further comprising, upon ceasing to receive an input from one of the two or more key switches with which the second identified color is identified while continuing to receive the other inputs of the two or more key switches, operating the light-emitting apparatus to emit at least the first identified color and to not emit the second identified color. (Claim 23 corresponds to claim 7)
Claims 8,9,17 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over US’523, in view of US’405 and US’412, and in further view of US7333031 (Bantner), hereinafter US’031.
Regarding claim 8, US’523 (in view of US’405 and US’412) discloses ‘The piano system of claim 1, as discussed above.
US’523 (in view of US’405 and US’412) further discloses ‘wherein the controller is configured to operate the light-emitting apparatus such that (US’405, FIG. 3, col. 5, lines 40-67:programmable controller controlling the keyboard LEDs 308 through LED driver 312, including controlling individual multicolor LEDs associated with the keyboard keys) at least one light-emitting element of the plurality of light-emitting elements is emitting the identified color (US’405, Figs. 2-5, implementing such visual output using individually controllable multicolor LEDs integrated with the piano keys. Its controller causes individual LEDs to radiate the selected colors) at a first intensity when the controller first operates the light-emitting apparatus responsive to receiving the key switch (US’523 ¶¶[0012]-[0015]) throughout the duration the input is received (US’523, ¶[0012]:the received key information includes the duration of the key depression, ”duration, intensity, velocity, etc. of its depression).
US’523 does not expressly disclose ‘and decreasing the intensity at which the identified color is emitted
However, US’031 discloses ‘and decreasing the intensity at which the identified color is emitted (US’031, col. 4, lines 1-7:programmable fade function where the intensity of an illuminated selected key is “diminished each illumination period”, with the resulting diminished intensity used during the next illumination period; progressively diminishing the intensity of an illumination selected key during successive illumination periods and independently controlling the illumination duration of the selected key)
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to apply US’031’s programmable fading to the identified color emitted responsive to US’523’s key input, such that the intensity of the identified color decreases throughout the duration of the received key input, to provide the visual fading effect over the duration of illumination associated with the selected key.
Regarding claim 9, US’523 (in view of US’405, US’412 & US’031) discloses ‘The piano system of claim 8, as discussed above.
US’523 (in view of US’405, US’412 & US’031) further discloses ‘wherein the controller is configured to, upon receiving a first input from a first key switch at a first moment in time and a second input from a second key switch at a second moment in time subsequent to the first moment in time (US’523, ¶[0012], Fig. 1 and Fig 5, [0019]: receiving individual inputs from piano keys, where the depression of a key generates a digital code indicative of the particular key and containing information regarding the “duration, intensity, velocity, etc. of its depression”, receiving inputs from multiple keys, a consequence of the processing individual key depressions as they occur):
identify a first identified color associated with the first key switch (US’523, ¶¶[0013]-[0014]:each key/tone has an associated coded color, “The table includes a coded color for each of the keys or tones represented by the keys”, the computer uses the received key code to select the corresponding color from the stored color lookup table);
operate the light-emitting apparatus to emit the first identified color at the first intensity (US’523, ¶¶[0015],[0019]: operating visual color output responsive to depression of the corresponding key and teaches controlling the “amplitude and brightness of the colors”);(US’405, FIGS. 3 and 5, col. 5,lines 40-50 and col. 6, lines 1-7:implementing the color output using individually controllable multicolor RGB LEDs associated with keyboard keys, with controller module 302 and LED driver 312 controlling the color displayed by each LED)
identify a second identified color associated with the second key switch (US’523, ¶¶[0012]-[0014], Table 1: identifying the respective color associated with each individual key using its stored key/color lookup table; receipt of the second key input causes identification of the color associated with that second key);US’523 does not expressly disclose ‘and decreasing the intensity of the first identified color emitted by the light- emitting apparatus as time progresses;
such that the light-emitting apparatus is emitting the second identified color at a second intensity when the second input is received;
operate the light-emitting apparatus to emit the second identified color at the first intensity and the first identified color at the second intensity;
and decreasing the intensity each of the first identified color and the second identified color emitted by the light-emitting apparatus as time progresses.
However, US’031 discloses ‘and decreasing the intensity of the first identified color emitted by the light- emitting apparatus as time progresses (US’031, col. 4, lines 1-2: FIG. 2, a fade function “the intensity of an illuminated key is diminished each illumination period”, using an associated fade fraction, with the resulting diminished intensity becoming the new intensity for the next illumination period; each illuminated key has an independently programmable intensity and, that its intensity is progressively reduced by the fade function),
For purposes of examination, the limitation “such that the light-emitting apparatus is emitting the second identified color at a second intensity when the second input is received” is interpreted as reciting “such that the light-emitting apparatus is emitting the first identified color at a second intensity when the second input is received”.
such that the light-emitting apparatus is emitting the second [first] identified color at a second intensity when the second input is received (US’031, FIG. 2, col. 4, lines 1-14: independently illuminated keys may have respective intensity levels and independently controlled fading “the intensity of an illuminating key is diminished each illumination period” and the diminished intensity is then used for the next illumination period; an initially illuminated key progresses from its initial/first intensity to a lower/second intensity as time progresses).
operate the light-emitting apparatus to emit the second identified color at the first intensity and the first identified color at the second intensity (US’031, col .1 lines 49-66:a programmable intensity for a selected key is independent of the intensity of any other key; col. 5, lines 6-12: maintaining a list of illuminating keys, processing every active key during each illumination cycle, and independently applying the restrictive key’s intensity and fade fraction);
and decreasing the intensity each of the first identified color and the second identified color emitted by the light-emitting apparatus as time progresses (US’031, col. 1, line 67 and col. 2, lines 1-2: fading is independently controlled for each selected illuminated key, “The fading of a selected key is controlled independently of the fading of any other key”).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to apply US’031’s independently controlled fading to the respective colors associated with US’523’s key inputs, such that each color progressively decreases in intensity as time progresses, to provide independent visual fading for each illuminated key.
Regarding claim 17, US’523 (in view of US’405 and US’412) discloses ‘The kit of claim 10 wherein the controller is configured to operate the light- emitting apparatus such that at least one light-emitting element of the plurality of light- emitting elements is emitting the identified color at a first intensity when the controller first operates the light-emitting apparatus responsive to receiving the key switch and decreasing the intensity at which the identified color is emitted throughout the duration the input is received. (Claim 17 corresponds to claim 8)
Regarding claim 18. The kit of claim 17 wherein the controller is configured to, upon receiving a first input from a first key switch at a first moment in time and a second input from a second key switch at a second moment in time subsequent to the first moment in time: identify a first identified color associated with the first key switch;
operate the light-emitting apparatus to emit the first identified color at the first intensity and decreasing the intensity of the first identified color emitted by the light- emitting apparatus as time progresses, such that the light-emitting apparatus is emitting the second identified color at a second intensity when the second input is received;
identify a second identified color associated with the second key switch; operate the light-emitting apparatus to emit the second identified color at the first intensity and the first identified color at the second intensity;
and decreasing the intensity each of the first identified color and the second identified color emitted by the light-emitting apparatus as time progresses. (Claim 18 corresponds to claim 9)
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US9092994 (McCarthy) teaches an interactive piano training system having piano keys with dynamically controllable multicolor light sources, where a controller controls the color and brightness of the light associated with individual keys.
US20150332601 teaches a piano learning system having a MIDI controller and a plurality of colored lights arranged as a light strip over piano keys.
US20060207412 teaches an electronic musical instrument in which waveform data is assigned to respective keyboard keys and waveform data assigned to an operated key is selected and sounded in response to operation of the key.
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/NICOLE K GILLESPIE/Examiner, Art Unit 2837
/DEDEI K HAMMOND/Supervisory Patent Examiner, Art Unit 2837
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