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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 8/25/2023 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the one or more impact sensors built into the drumstick practice pad of Claim 2 lines 1-2, the one or more impact sensors internal to the drumstick practice pad of Claim 3 lines 1-2, the retrofit form of the one or more impact sensors of Claim 4 lines 1-2, the configuration of the one or more impact sensors allowing the one or more impact sensors to be temporarily attachable to the drumstick practice pad by being clipped onto the drumstick practice pad of Claim 6 lines 1-3, the one or more sensors comprised in the practice pad of Claim 14 lines 1-2, the one or more sensors not comprised in the practice pad of Claim 15 lines 1-2, the one or more sensors not physically attached to the practice pad of Claim 16 lines 1-2, the one or more sensors comprised in one or more drumsticks of Claim 17 lines 1-2, the one or more ECUs comprised in the practice pad of Claim 18 lines 1-2, and the two or more impact sensors built into the drumstick practice pad of Claim 20- line 2 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Specification
The disclosure is objected to because of the following informalities:
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Appropriate correction is required.
Claim Objections
Claims 1-20 are objected to because of the following informalities
Claim 1 line 5 “one or more electronic control units, ECUs, the one or more ECUs” should be --one or more electronic control units (ECUs), the one or more ECUs--
Claim 1 line 10 “a user interface, UI, based on” should be --a user interface (UI) based on--
Claim 13 line 6 “one or more electronic control units, ECUs, the one or more ECUs” should be --one or more electronic control units (ECUs), the one or more ECUs--
Claim 13 line 12 “a user interface, UI, based on” should be --a user interface (UI) based on--
Claim 20 line 2 “two to more” should be --two or more--
Claim 20 line 3 “one or more electronic control units, ECUs, the one or more ECUs” should be --one or more electronic control units (ECUs), the one or more ECUs--
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 2-6 and 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 pre-AIA the applicant regards as the invention.
With regards to Claim 2, lines 1-2 recite the limitation “the one or more impact sensors are built into the drumstick practice pad”. It is unclear as to how the one or more impact sensors are associated with the structure of the drumstick practice pad, since the drumstick practice pad structure comprises one or more impact sensors and one or more ECUs, particularly whether the drumstick practice pad has a pad body, a housing, or other structure into which the one or more impact sensors are built. For the purpose of examination, the examiner understands this limitation such that the drumstick practice pad further comprises a pad body into which the one or more impact sensors are built. The applicant is encouraged to clarify in the claim language how the one or more impact sensors are associated with the structure of the drumstick practice pad, fully supported by the original disclosure.
With regards to Claim 3, lines 1-2 recite the limitation “the one or more impact sensors are internal to the drumstick practice pad”. It is unclear as to how the one or more impact sensors are associated with the structure of the drumstick practice pad, since the drumstick practice pad structure comprises one or more impact sensors and one or more ECUs, particularly whether the drumstick practice pad has a pad body, a housing in which the impact sensors are included, or other structure into which the one or more impact sensors are built. For the purpose of examination, the examiner understands this limitation such that the drumstick practice pad further comprises a pad body, the one or more impact sensors being internal to the body. The applicant is encouraged to clarify in the claim language how the one or more impact sensors are associated with the structure of the drumstick practice pad, fully supported by the original disclosure.
With regards to Claims 4-6, Claim 4 lines 1-2 recite the limitation “the one or more impact sensors are in a retrofit form”. It is unclear as to what is included in the scope of the claim because the phrasing “in a retrofit form” is indefinite. Particularly, it is unclear as to whether the one or more sensors need to have a structure that is capable of attaching the sensor to an existing device (thereby retrofitting the device with the one or more sensors), or whether the one or more sensors themselves are retrofitted in some way.
Furthermore, Claim 5 recites on lines 1-2 “the one or more impact sensors are configured to be temporarily attachable to the drumstick practice pad”, and Claim 6 recites on lines 1-3 “the one or more impact sensors are configured to be temporarily attachable to the drumstick practice pad by being clipped onto the drumstick practice pad”. However, Claims 5 and 6 depend from Claim 1, which recites on lines 1-2 “A drumstick practice pad comprising: one or more impact sensors”. Therefore, the one or more impact sensors are part of the drumstick practice pad, and it is unclear in the scope of Claims 5 and 6 as to whether the one or more impact sensors are intended to be part of the structure of the drumstick practice pad (as in Claim 1), or whether such one or more impact sensors are intended to be separable from a structure of the drumstick practice pad such that they can be temporarily attached to the drumstick practice pad.
For the purpose of examination, the examiner understands the limitations of Claims 4-6 such that the one or more impact sensors are temporarily attachable to an existing device, thereby substantially retrofitting such device, and are temporarily attachable by clipping onto the device. The applicant is encouraged to clarify in the claim language the intended “retrofit” form of the one or more impact sensors and any related structure, and to clarify whether the one or more impact sensors are structurally part of the drumstick practice pad, and relative what structure of the drumstick practice pad the one or more impact sensors are temporarily attached, fully supported by the original disclosure.
With regards to Claim 20, lines 1-2 recite the limitation “A drumstick practice pad comprising: two to more impact sensors built into the drumstick practice pad”. It is unclear as to what structure the two or more impact sensors are built into, since the drumstick practice pad comprises the two or more impact sensors and the claim does not recite further structure other than the one or more ECUs. For the purpose of examination, the examiner understands this limitation such that the drumstick practice pad further comprises a pad body into which the two or more impact sensors are built. The applicant is encouraged to clarify in the claim language how the two or more impact sensors are associated with the structure of the drumstick practice pad, fully supported by the original disclosure.
Applications filed after March 15th 2013
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 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.
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.
Claims 1-3, 7-10, 12-14, 16, 17, and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yu et al. (US 2016/0307553).
With regards to Claim 1, Yu et al. discloses a drumstick practice pad [110] comprising: one or more impact sensors [220] (see paragraphs 58 and 61 and Figure 2A), the one or more impact sensors [220] being configured to capture data, the captured data representing one or more impact waveforms of one or more drumstick hits on the drumstick practice pad [110] (see paragraphs 56 and 58); and one or more electronic control units, ECUs, the one or more ECUs being configured to: receive the captured data; analyse the one or more impact waveforms represented by the captured data; and output data to a user interface, UI, based on said analysing (see paragraphs 124, 126-128, 208-209, and 220 and Figures 15 and 17).
With regards to Claim 2, Yu et al. discloses the drumstick practice pad as discussed above with regards to Claim 1.
Yu et al. further discloses the one or more impact sensors [220] are built into the drumstick practice pad [110] (see paragraph 61 and Figure 2A).
With regards to Claim 3, Yu et al. discloses the drumstick practice pad as discussed above with regards to Claim 1.
Yu et al. further discloses the one or more impact sensors [220] are internal to the drumstick practice pad [110] (see paragraph 61 and Figure 2A).
With regards to Claim 7, Yu et al. discloses the drumstick practice pad as discussed above with regards to Claim 1.
Yu et al. further discloses the one or more impact sensors [220] comprise one or more accelerometers (see paragraphs 61 and 261).
With regards to Claim 8, Yu et al. discloses the drumstick practice pad as discussed above with regards to Claim 7.
Yu et al. further discloses the one or more accelerometers are configured to enable vibration measurements from within the drumstick practice pad [110] to be gathered (see paragraph 58).
With regards to Claim 9, Yu et al. discloses the drumstick practice pad as discussed above with regards to Claim 1.
Yu et al. further discloses the one or more ECUs are configured to output the data to the UI via a wireless connection (see paragraph 220).
With regards to Claim 10, Yu et al. discloses the drumstick practice pad as discussed above with regards to Claim 1.
Yu et al. further discloses the one or more ECUs are configured to output the data to the UI via a wired connection (see paragraph 220).
With regards to Claim 12, Yu et al. discloses the drumstick practice pad as discussed above with regards to Claim 1.
Yu et al. further discloses the one or more ECUs are configured to output audio via a headphone output and/or via a loudspeaker output (see paragraphs 222-224 and Figure 17).
With regards to Claim 13, Yu et al. discloses a system comprising: a practice pad [110] (see paragraph 56); one or more sensors [220], the one or more sensors being configured to capture percussive performance data (see paragraph 58), the percussive performance data representing one or more impact waveforms of one or more hits on the practice pad [110] (see paragraph 58); and one or more electronic control units, ECUs, the one or more ECUs being configured to: receive the percussive performance data captured by the one or more sensors [220]; analyse the one or more impact waveforms represented by the received percussive performance data; and output data to a user interface, UI, based on said analysing (see paragraphs 124, 126-128, 208-209, and 220 and Figures 15 and 17).
With regards to Claim 14, Yu et al. discloses the system as discussed above with regards to Claim 13.
Yu et al. further discloses the one or more sensors [220] are comprised in the practice pad [110] (see paragraphs 56, 58, and 61 and Figure 2A; the one or more sensors [220] are comprised in pad [110] which can be a drum practice pad).
With regards to Claim 16, Yu et al. discloses the system as discussed above with regards to Claim 13.
Yu et al. further discloses the one or more sensors [220] are not physically attached to the practice pad [110] (see paragraphs 56, 58, and 61 and Figure 2A; the one or more sensors [220] are comprised in pad [110], thereby being part of the pad [110] and thereby substantially not being physically attached to the practice pad [110]).
With regards to Claim 17, Yu et al. discloses the system as discussed above with regards to Claim 13.
Yu et al. further discloses the one or more sensors [220] are comprised in one or more drumsticks (see paragraphs 56 and 58; the sensors [220] are in pad [110], which can be in a drum stick).
With regards to Claim 20, Yu et al. discloses a drumstick practice pad [110] comprising: two to more impact sensors [220] built into the drumstick practice pad [110] (see paragraphs 56, 58, and 61 and Figure 2A); and one or more electronic control units, ECUs, the one or more ECUs being configured to: receive data captured by at least one of the two or more impact sensors [220]; and analyse one or more impact waveforms represented by the received data (see paragraphs 124 and 126-128).
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 4-6 are rejected under 35 U.S.C. 103 as being unpatentable over Yu et al. (US 2016/0307553) in view of Harada (US 2020/0365128).
With regards to Claim 4, Yu et al. discloses the drumstick practice pad as discussed above with regards to Claim 1.
Yu et al. does not disclose the one or more impact sensors are in a retrofit form.
Harada teaches the one or more impact sensors [300] (see paragraph 34) are in a retrofit form (see paragraph 32 and Figures 2 and 3; the one or more impact sensors [300] are stored in housing [150], which can be attached to an existing drum as a retrofit attachment).
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 one or more impact sensors of Yu et al. to be in a retrofit form as taught by Harada. One would have been motivated to do so in order to allow for the one or more sensors to be attached to an existing arrangement (see Harada paragraph 32) while allowing impact vibrations to travel to the one or more sensors (see Harada paragraph 38).
With regards to Claim 5, Yu et al. and Harada disclose the drumstick practice pad as discussed above with regards to Claim 4.
Yu et al. does not disclose the one or more impact sensors are configured to be temporarily attachable to the drumstick practice pad.
Harada teaches the one or more impact sensors [300] are configured to be temporarily attachable to the drumstick practice pad (see paragraph 32).
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 one or more impact sensors of Yu et al. to be configured to be temporarily attachable to the drumstick practice pad as taught by Harada. One would have been motivated to do so in order to allow for the one or more sensors to be attached to an existing arrangement (see Harada paragraph 32) while allowing impact vibrations to travel to the one or more sensors (see Harada paragraph 38).
With regards to Claim 6, Yu et al. and Harada disclose the drumstick practice pad as discussed above with regards to Claim 5.
Yu et al. further discloses the one or more impact sensors are configured to be temporarily attachable to the drumstick practice pad by being clipped onto the drumstick practice pad.
Harada teaches the one or more impact sensors [300] are configured to be temporarily attachable to the drumstick practice pad by being clipped onto the drumstick practice pad (see paragraph 32; portion [188] substantially allows the housing [150] to clip the one or more sensors [300] for attachment).
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 one or more impact sensors of Yu et al. to be configured to be temporarily attachable to the drumstick practice pad by being clipped onto the drumstick practice pad, as taught by Harada. One would have been motivated to do so in order to allow for the one or more sensors to be attached to an existing arrangement (see Harada paragraph 32) while allowing impact vibrations to travel to the one or more sensors (see Harada paragraph 38).
Claims 11 and 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Yu et al. (US 2016/0307553).
With regards to Claim 11, Yu et al. discloses the drumstick practice pad as discussed above with regards to Claim 1.
Yu et al. further discloses the one or more ECUs are configured to receive audio via an input (see paragraphs 199-200.
Yu et al. does not explicitly disclose the input is an auxiliary audio input. However, Yu et al. does contemplate providing audio via an input which receives sound content from an external source which may be all apparatus capable of storing the sound content or reproducing the sound content such as USB, CD player, an audio, a laptop PC, PDA, TV, and the like (see Yu et al. paragraphs 199-200). The examiner further notes that one of ordinary skill in the art would be able to utilize an auxiliary audio input when connecting the invention with an external device for receiving audio. Therefore, 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 input of Yu et al. to be an auxiliary audio input. One would have been motivated to do so in order to connect the invention with an external source for providing audio input (see Yu et al. paragraphs 199 and 200) utilizing a known connector for an apparatus.
With regards to Claims 18 and 19, Yu et al. discloses the system as discussed above with regards to Claim 13.
Yu et al. does not explicitly discloses the one or more ECUs are comprised in the practice pad (as in Claim 18), and the one or more ECUs are not comprised in the practice pad (as in Claim 19). However, Yu et al. does disclose electrical connection between the practice pad [110] and the ECU (see Yu et al. paragraph 68), and that multiple pads may be used (see Yu et al. paragraph 92). Furthermore, one or ordinary skill in the art would be able to contemplate the two available opposite scenarios and determine which arrangement best suits an implementation of the system based on the needs of the system’s implementation. Therefore, one of ordinary skill in the art would be able to form the system such that the one or more ECUs are comprised in the practice pad in order to allow the ECU to have proximity and electrical connection with the practice pad, and to form the system such that the one or more ECUs are not comprised in the practice pad in order to allow the ECU to be formed separate from a plurality of pads in the system. 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 ECU of Yu et al. to be comprised in the practice pad (as in Claim 18), and to not be comprised in the practice pad (as in Claim 19). One would have been motivated to do so in order to allow the ECU to have proximity and electrical connection with the practice pad, and to form the system such that the one or more ECUs are not comprised in the practice pad in order to allow the ECU to be formed separate from a plurality of pads in the system, respectively.
(see paragraphs 181-184 and Figures 14A, 14B, and 15).
With regards to Claim 18, Yu et al. discloses the system as discussed above with regards to Claim 13.
Yu et al. further discloses the one or more ECUs are not comprised in the practice pad (see paragraph 92; Yu et al. substantially discloses the ECU not located on the pad when the system comprises more than one pad in order to receive data from the multiple pads).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. In addition to the prior art discussed in this action, the applicant is directed to form 892, and particularly the references Kakehashi (US 10,134375), which discloses at least a pad having an impact sensor disposed therein, a processing device for processing data collected by the impact sensor being disposed within the pad, Greenwood (DE 102014206348), which discloses a drum accessory attached by clipping to an existing drum and including one or more impact sensors which can be an acceleration sensor, and Van Den Broeck (WO 2015165884), which discloses at least an electric drum including one or more accelerometers for collecting impact data, and a processor for processing such information.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIN KRYUKOVA whose telephone number is (571)272-3761. The examiner can normally be reached M-F 9a.m. - 4p.m.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jong-Suk (James) Lee can be reached at 5712727044. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ERIN KRYUKOVA/Primary Examiner, Art Unit 2875