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 .
Information Disclosure Statement
The information disclosure statement filed December 26, 2023 fails to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed. It has been placed in the application file, but the information referred to therein has not been considered.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
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.
Claims 1, 17 and 20 include the limitation “outputs a synthetic sound of a playback sound of the musical piece and the playing sound of the musical instrument”. However there is a lack of antecedent basis for “the playing sound”. It is unclear whether applicants intend to reference the playback sound, or introduce a new element into the claim(s). For examining purposes, this limitation is interpreted as stating “outputs a synthetic sound of a playback sound of the musical piece and the playback sound of the musical instrument”.
Claims 2-16, 18 and 19 depend from claims 1 or 17 and therefore inherit all claimed limitations. These claims do not correct the deficiencies of claims 1 or 17.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claims 1-11 and 17-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Imai et al. (US 6,184,454 B1).
Claims 1, 17 and 20: Imai et al. discloses an information processing device, method, and non-transitory computer readable recording medium storing a program causing processing comprising processing electronics and electronic memory storing instructions for controlling the processing electronics to obtain musical piece data (SMF) stored in a database (MIDI file database 31) including data defining effect setting information (tone color parameter), and data defining effect switch timing information (effective time for making the tone color effective) corresponding to one or more timepoints in a playback time of the musical piece (column 5 lines 40-43). The musical piece data includes data defining at least one storage location within said database associated with a musical piece represented by the musical piece data, as is recognized in the art. An audio signal (music) of the musical piece with which the at least one storage location is associated is obtained (column 5 lines 54-57), and the audio signal of the musical piece and the effect setting information is transmitted to a device (musical instrument 4) that performs an effect control on a playback sound of a musical instrument corresponding to the effect setting information, and outputs a synthetic sound of a playback sound of the musical piece and the playback sound of the musical instrument with one or more effects associated with the effect setting information being applied according to the one or more timepoints in the playback time of the musical piece (column 15 lines 24-30).
Claims 2 and 18: Imai et al. discloses an information processing device and method as stated above, wherein to transmit the effect setting information, the processing electronics are controlled to obtain the effect setting information based on the data defining the effect setting information and transmit the effect setting information at a timing based on the one or more timepoints in the playback time of the musical piece (column 15 lines 24-30).
Claim 3: Imai et al. discloses an information processing device as stated above, where the effect setting information is read from a storage means (column 2 lines 53-56). Therefore the data defining the effect setting information comprises an identifier corresponding to at least one storage location at which the effect setting information is stored, as is recognized in the art.
Claims 4, 5 and 19: Imai et al. discloses an information processing device and method as stated above, where the one or more timepoints comprise a plurality of timepoints in the playback time of the musical piece, and to transmit the effect setting information comprises controlling the processing electronics to determine, during the playback time of the musical piece, that each of the plurality of timepoints in the playback time of the musical piece is reached, and transmit effect setting information upon determining that each of the timepoints is reached during playback time of the musical piece (column 15 lines 24-30).
Claim 6: Imai et al. discloses an information processing device as stated above, wherein to obtain an audio signal comprises controlling the processing electronics to receive the audio signal over a communication network (2), based on the at least one storage location (column 14 lines 59-61).
Claim 7: Imai et al. discloses an information processing device as stated above, where programs are transmitted from the Internet (column 17 lines 8-12). Therefore the at least one storage location comprises at least one URL.
Claim 8: Imai et al. discloses an information processing device where the musical piece data is stored in a MIDI file database, as stated above. Obtaining musical piece data then comprises controlling the processing electronics to acquire a file from the MIDI file database that includes the musical piece data, as is recognized in the art.
Claim 9: Imai et al. discloses an information processing device as stated above, wherein to obtain musical piece data comprises controlling the processing electronics to: transmit, over a communication network (2), a request for a file that includes the musical piece data; and receive the file from the communication network (column 4 lines 46-53).
Claim 10: Imai et al. discloses an information processing device where the musical piece data is stored in a MIDI file database, as stated above. Obtaining musical piece data then comprises controlling the processing electronics to: store, in a storing device, a file within the database that includes the musical piece data; and retrieve the file from the storing device (column 5 lines 40-43).
Claim 11: Imai et al. discloses an information processing device as stated above, wherein to store the file comprises controlling the processing electronics to: receive, through a user interface of a client terminal (3), user edits associated with the effect setting information and updates the file based on the user edits (column 14 lines 29-35). The file is then saved, at least temporarily in a storage device after updating the file in order to transmit the edited file, as is recognized in the art.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim 12-16 is rejected under 35 U.S.C. 103 as being unpatentable over Imai et al. (US 6,184,454 B1) in view of Evans et al. (US 10,062,367 B1).
Claim 12: Imai et al. discloses an information processing device where user edits associated with the effect setting information is received, as stated above. Information indicating a playback time (playback start time) of the musical piece is provided (column 15 lines 6-10), and user input is received using client terminal (3) for setting the effect setting information (column 14 lines 29-35). This reference fails to disclose receiving user edits to comprise controlling the processing electronics to display the user interface on a display device, the user interface to include a screen for displaying the information.
However Evans et al. teaches an information processing device where processing electronics are controlled to display a user interface (GUI) on a display device which includes a screen (touch screen) for displaying the information (column 5 lines 7-14).
Given the teachings of Evans et al., it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the information processing device disclosed in Imai et al. with providing the receiving user edits to comprise controlling the processing electronics to display the user interface on a display device, the user interface to include a screen for displaying the information. Doing so would allow “creating and editing of effects processing sequences performed at various times, e.g., live … or after the person has recorded a lead track. Saving, sharing, and/or purchasing a created effects timeline… may be facilitated based on user data and skill levels” as taught in Evans et al. (column 5 lines 10-17) .
Claim 13: Imai et al. modified by Evans et al. discloses an information processing device as stated above, where the information indicating a playback time is shown in FIG. 4 of Evans et al. to comprise: a timeline (timeline indicator 414) associated with a playback time of the musical piece; and a plurality of markers (effect indicators 410) at locations along the timeline, the locations being defined by effect switch timing information (column 9 line 67 through column 10 line 3).
Claim 14: Imai et al. modified by Evans et al. discloses an information processing device as stated above, where data defining effect setting information is shown in Evans et al. to comprise an identifier (button 404), each identifier is associated with a different effect and each marker is associated with at least one identifier (column 10 lines 4-7, column 8 lines 45-51). Each identifier would be associated with a different memory location corresponding to effect information, as is recognized in the art.
Claim 15: Imai et al. discloses an information processing device as stated above, where the audio signal of the musical piece is transmitted by controlling the processing electronics to transmit an audio signal based on the audio signal over a period of time and the effect setting information is transmitted by controlling the processing electronics to transmit the effect setting information at the one or more timepoints during the period of time that the audio signal is transmitted to the device that performs the effect control on the playback sound of the musical instrument (column 15 lines 24-30). This reference fails to disclose the audio signal of the musical piece to be obtained by controlling the processing electronics to receive a streamed audio signal and the audio signal to be transmitted based on the streamed audio signal.
However Evans et al. teaches an information processing device where an audio signal of a musical piece is obtained by controlling processing electronics to receive a streamed audio signal and the audio signal to be transmitted based on the streamed audio signal (column 12 lines 22-26).
Given the teachings of Evans et al., it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the information processing device disclosed in Imai et al. with providing the audio signal of the musical piece to be obtained by controlling the processing electronics to receive a streamed audio signal and the audio signal to be transmitted based on the streamed audio signal. Doing so would allow selection to be made from “songs available from a streaming service” as taught in Evans et al. (column 12 lines 22-25), and therefore allow a greater variety and quantity of musical pieces to be obtained.
Claim 16: Imai et al. discloses an information processing device as stated above, where the audio signal of the musical piece is transmitted by controlling the processing electronics to transmit an audio signal over a period of time and the effect setting information is transmitted by controlling the processing electronics to transmit the effect setting information at the one or more timepoints during the period of time that the audio signal is transmitted to the device that performs the effect control on the playback sound of the musical instrument (column 15 lines 24-30). This reference fails to disclose the audio signal of the musical piece to be obtained by controlling the processing electronics to download the audio signal from a storage device or a network device.
However Evans et al. teaches an information processing device where an audio signal of a musical piece is obtained by controlling processing electronics to download program code from a network device and transmitted (column 17 lines 48-52).
Given the teachings of Evans et al., it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the information processing device disclosed in Imai et al. with providing the audio signal of the musical piece to be obtained by controlling the processing electronics to download the audio signal from a network device. Doing so would allow greater variety and quantity of musical pieces to be obtained.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER UHLIR whose telephone number is (571)270-3091. The examiner can normally be reached M-F 8:30-4.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anita Coupe can be reached at 571-270-3614. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Christopher Uhlir/Primary Examiner, Art Unit 3619 September 19, 2026
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