DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-4,7,25 is/are rejected under 35 U.S.C. 102(a)(1) as being fully met by Goto et al (USPGP 20200111466).
Regarding Claim 1, Goto discloses a pedal unit for an electronic musical instrument, the pedal unit comprising:
a first foot lever 20,30,40;
a first shaft A20 serving as a first center of rotation of the first foot lever; and
a first bearing 20a, 30a, 40a rotatably supporting the first shaft A20, wherein one of the first shaft or the first bearing includes:
a first member 11a arranged in contact with the other of the first shaft or the first bearing; and
a second member 11b formed of a material different from the first member (of chassis 10 made of resin, para. 0037) and supporting the first member from a side opposite the one of the first shaft or the first bearing (Fig. 3),
wherein a length of surfaces contacting the first member and the other of the first shaft or the first bearing is narrower than a width of the first foot lever (Fig. 2), the width extending parallel with a longitudinal direction of the first shaft, and wherein the first member and the second member are fixed in a sliding direction of the first shaft and the first bearing (Fig. 3).
Regarding Claim 2, Goto discloses an elastic member 50 configured to increase a force between the first shaft and the first bearing as a force for rotating the first foot lever 20,30,40 is applied to the first foot lever 20,30,40.
Regarding Claims 3,4 Goto discloses a second and third foot lever.
Regarding Claim 7, Goto discloses a pair of bearings 11a, 11b, and the first shaft A20 is sandwiched between the pair of bearings, in a state where the pair of bearings are subjected to opposing forces in a direction approaching each other (Fig. 3).
Regarding Claim 25, Goto discloses an electronic keyboard device comprising: the pedal unit according to the pedal unit according to a keyboard unit including a plurality of keys, and a sound source unit configured to generate a sound signal in response to an operation on any of the plurality of keys and an operation on the first foot lever in the pedal unit (Abstract; paras. 0003,0036)
Claim(s) 9,10 is/are rejected under 35 U.S.C. 102(a)(1) as being fully met by Okimura et al (JP2017020626A).
Regarding Claim 9, Okimura discloses a pedal unit for an electronic musical instrument, the pedal unit comprising:
a first foot lever 65;
a first shaft 68 serving as a first center of rotation of the first foot lever; and
a first bearing 1 rotatably supporting the first shaft 68, wherein the first shaft 68 includes an interlocking portion that extends to an outer area outside a width of the first foot lever 65, the width extending parallel with a longitudinal direction of the first shaft (Fig. 3), and
wherein the first bearing 1 includes a portion 1 sliding with the first shaft in the outer area as the first foot lever 65 is rotated.
Regarding Claim 10, Okimura discloses an elastic member 20 configured to increase a force between the first shaft 68 and the first bearing 1 as a force for rotating the first foot lever is applied to the first foot lever 65.
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.
Claim(s) 11,12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Okimura in view of Goto.
Regarding Claims 11,12 Okimura (applied here in a similar manner as to claim 9 above) discloses all features claimed, but does not explicitly teach a second and third foot lever and subsequent shaft and bearing arrangement thereof as recited.
Goto (applied here in a similar manner as to claims 3 and 4 above) discloses a second and third lever with the subsequent shaft and bearing arrangements. It would have been obvious to one of ordinary skill in the art to adapt the Okimura teachings with those of Goto so as to make the Okimura teachings useful for an electronic keyboard instrument, as pianos have historically had three effects pedals as is known in the art.
Claim(s) 17-20,23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Goto.
Regarding Claim 17, Goto (applied here in a similar manner as to claim 1 above) discloses all features claimed, but does not explicitly teach that a first distance from the first center of rotation to a first position where the first shaft and the first bearing contact each other is 4 mm or more.
Official Notice is taken that the claimed first distance of 4 mm or more would have been an obvious design choice in the art. It would have been obvious to one of ordinary skill in the art to adapt the teachings of Goto with such a design choice, so as to provide a desired proper scale for the device.
Regarding Claim 18, Goto discloses an elastic member 50 configured to increase a force between the first shaft and the first bearing as a force for rotating the first foot lever is applied to the first foot lever.
Regarding Claims 19,20 Goto discloses a second and third foot lever.
Regarding Claim 23, Goto discloses a pair of bearings 11a, 11b, and the first shaft A20 is sandwiched between the pair of bearings, in a state where the pair of bearings are subjected to opposing forces in a direction approaching each other (Fig. 3).
Allowable Subject Matter
Claims 5,6,8,13-16,21,22,24 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The references cited show related teachings in the art.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JEFFREY DONELS whose telephone number is (571)272-2061. The examiner can normally be reached M-F.
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JEFFREY . DONELS
Examiner
Art Unit 2837
/JEFFREY DONELS/Primary Examiner, Art Unit 2837