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.
Claims 12 and 13 are rejected under 35 U.S.C. 102(a) as being anticipated by US20200111466 (Goto), hereinafter US’466.
Regarding claim 12, US’466 discloses ‘A pedal device for an electronic musical instrument, the pedal device comprising:
a case (US’466, ¶[0034]:”FIG . 1 is an overall perspective view of a pedal device of electronic keyboard instrument 1. FIG . 2 is an exploded perspective view of the pedal device”, );
a foot lever arranged to be rotatable in the case (US’466, ¶[0044]:”each of the pedals 20 , 30 , 40 is rotatably supported in a cantilever state on the chassis 10”; ¶[0070]:“the third pedal 40 rotating around the rotation axis A40 in the first direction”, );
a first sensor configured to detect a position of the foot lever between a rest position and an end position (US’466, ¶[0051]:”The transmission portion 41b transmits the stepping amount of the third pedal 40 to the sensor 60 … As a result , a voltage value corresponding to the stepping amount of the third pedal 40 is output … “; ¶[0077]: the stepping amount … is detected by the sensor 60”, );
and a first reaction force member contacting the foot lever and applying a reaction force as the foot lever rotates from the rest position to the end position (US’466, ¶[0053]:” The second urging force application mechanism 42 is a mechanism for changing the operation load of the third pedal 40”; (US’466, ¶[0054]:”The second spring 43 is used to apply , when the stepping amount of the third pedal 40”, ),
wherein the first sensor and the first reaction force member are arranged on the case (US’466, ¶[0048]: the transmission faces and presses the lever portion 61 of the sensor 60 to output voltage; (US’466, ¶[0063]:damper 80 is arranged by the lower surface of the upper chassis 10a, ).
Regarding claim 13, US’466 discloses ‘The pedal device according to claim 12, as discussed above.
US’466 further discloses ’wherein the first sensor and the first reaction force member are arranged adjacent to each other on the same surface of the case (US’466, ¶[0048]:sensor 60 faces the transmission portion of the pedal; ¶[0063]:damper 80 is held by the accommodating portion 16 on the chassis; Fig. 2/3 show the sensor and spring/damper structures mounted in the chassis assembly).
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 1-5, 7-10, 12 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over US20090229440 (Iwamoto), hereinafter US’440, in view of US8350142 (Fujiwara), hereinafter US’142.
Regarding claim 1, US’440 discloses ‘A pedal device for an electronic musical instrument, the pedal device (US’440, ¶[0028]:”An electronic musical instrument 10 has a keyboard 11, a pedal apparatus 12 ...”) comprising:
a case (US’440, ¶[0034]:”FIG.2 is a perspective view schematically showing the entire pedal apparatus 12 of the present embodiment”);
a foot lever including a first portion located inside the case and a second portion located outside the case, wherein: the foot lever is rotatably arranged with respect to the case (US’440, ¶[0034]:”A lever 40 is formed of a long plate-like member. The forward part of the lever 40 … is a broad pedal portion which a player depresses”; ¶[0045]:”the lever 40 is supported at a middle part thereof by a lever supporting portion 52 provided on the frame FR so that the front end of the lever 40 is allowed to pivot upward and downward about the rotation pivot 42”);
and a center of rotation of the foot lever is located between the first portion and the second portion (US’440, ¶[0045]:” ¶[0045]:”the lever 40 is supported at a middle part thereof by a lever supporting portion 52 provided on the frame FR so that the front end of the lever 40 is allowed to pivot upward and downward about the rotation pivot 42”), the middle support/rotation pivot 42 places the pivot between the front user-operated end and the rear internal linkage side);
a first sensor configured to detect a position of the foot lever between a rest position and an end position; a first reaction force member (US’440, ¶[0038]:”a depression sensor 50 for sensing an amount of depression of the lever 40 is provided … senses a distance to the top surface of the lever 40 to obtain an amount of depression of the lever 40”) that:
contacts the foot lever and applies a reaction force as the foot lever rotates from the rest position to the end position (US’440, ¶[0035]:”Under the middle part of the lever 40, a spring 45 is fixed to the frame FR to urge the forward part of the lever 40 upward”; ¶[0040]:”On the lever 40 … in addition to the urging force by the spring 45, the kinetic frictional force is exerted as a reaction force”);
and is located in a portion of a side opposite to the center of rotation of the first portion (US’440, ¶[0037]:” The friction producing member 47, … is in contact with the pivot restricting member 46 to produce friction”; ¶[0045]:”the lever 40 is supported at a middle part thereof… about the rotation pivot 42” and “, the lower end of a drive rod 53 is … in contact with the concave portion 40a. … is guided by a guide member … so that the drive rod 53 can move only upward and downward in response to pivoting of the lever 40… provided on the undersurface of the forward part of the movable supporting member”; in Fig.4 seesaw arrangement, the rear side components act on the lever/supporting member opposite the front-user-operated portion relative to the rotation pivot, locating the reaction-force/friction structure on the side opposite the pivot from the user-depressed front portion);
US’440 does not expressly disclose ‘and a control unit including a processor configured to, in a state where the first reaction force member is in contact with the foot lever and the detected position of the foot lever: calibrate the position of the foot lever that changes a performance sound in response to change in the reaction force based on first information set based on a first position of the foot lever and information relating to the position of the foot lever detected by the first sensor.
However, US’142 discloses ‘and a control unit including a processor configured to, in a state where the first reaction force member is in contact with the foot lever and the detected position of the foot lever (US’142, [Abstract]:”the electronic supporting system monitors the damper pedal … when the damper pedal reaches an entrance of the half pedal region, the electronic supporting system removes the assisting force”; Fig. 3 shows CPU/ROM/RAM, pedal sensors, and pedal actuators; Fig. 4 shows target pedal position, position data generator, A/D converter, and pedal sensor, processor using detected pedal position to alter/control pedal performance behavior in the half pedal region):
calibrate the position of the foot lever that changes a performance sound in response to change in the reaction force based on first information set based on a first position of the foot lever and information relating to the position of the foot lever detected by the first sensor (US’142, [Abstract]:” when the damper pedal reaches an entrance of the half pedal region, the electronic supporting system removes the assisting force”; col. 11, lines 22-25:” a relation between the pedal stroke of damper pedal 110 and a variable of is defined …. and is accessed in the assistance to the musician in pedaling” ; col. 11, lines 37-41:”pieces of pedal position data, which express the actual pedal positions of the soft, sostenuto and damper pedals 112, 111, 110, are stored in another data table during an automatic performance in a first in first-out manner”, calibrating/changing performance behavior based on stored first information correlating pedal stroke/position and half-pedal/effect region).
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’440 to incorporate US’142’s pedal position detection and control because both references are directed to pedal devices for electronic instruments and US’142 teaches using detected pedal position to control musical performance. Combining will improve the accuracy and consistency of pedal-position-based sound control while preserving US’440’s mechanical pedal characteristics.
Regarding claim 2, US’440 (in view of US’142) discloses ‘The pedal device according to claim 1, as discussed above.
US’440 (in view of US’142) further discloses ‘further comprising: a memory unit storing the first information, wherein the control unit is configured to transmit a first signal that changes the performance sound based on the detected first position of the foot lever and the first information stored in the memory unit to a sound source unit including a signal processor (US’142 col. 9, lines 60-66:” . An electronic tone generating system 150 is further connected to the controller 10 … electronic tones are produced on the basis of music data codes through the electronic tone generating system 150 with the assistance of controller 10”, controller transmitting/using pedal-related control information for an electronic tone generator).
Regarding claim 3, US’440 (in view of US’142) discloses ‘The pedal device according to claim 2, as discussed above.
wherein the first information is stored according to the detected position of the foot lever (US’142, col. 11, lines 37-39:” pieces of pedal position data, which express the actual pedal positions of the Soft, sostenuto and damper pedals 112, 111, 110, are stored”).
Regarding claim 4, US’440 (in view of US’142) discloses ‘The pedal device according to claim 1, as discussed above.
further comprising: a second sensor different from the first sensor and configured to detect the first information (US’142, [Abstract]:” the electronic supporting system monitors the damper pedal”; Fig. 4 labels “Pedal Sensor”, ”A/D Converter,” and position-data/target-pedal position processing, obtaining first information from sensor information for pedal-control processing),
wherein the control unit is configured to transmit a first signal that changes the performance sound based on the detected first position of the foot lever and the detected first information to a sound source unit including a signal processor (US’142, col. 9, lines 60-66:”An electronic tone generating system 150 is further connected to the controller 10 … electronic tones are produced on the basis of music data codes through the electronic tone generating system 150 with the assistance of controller 10”, ).
Regarding claim 5, US’440 (in view of US’142) discloses ‘The pedal device according to claim 4, as discussed above.
US’440 (in view of US’142 further discloses ‘wherein: the foot lever further rotates from the first position to a second position corresponding to a preset offset (US’142, [Abstract]:” when the damper pedal reaches an entrance of the half pedal region …”; col. 3, lines 28-35:Figs. 6, 7, and 9 graph “Stroke of Damper Pedal” vs control variable across regions including XR, XH and XE),
and the first signal is transmitted after the first sensor detects the second position (US’142, [Abstract]:”when the damper pedal reaches an entrance of the half pedal region …”; Fig. 4 shows “Target Pedal Position” and “Position Data Generator” receiving pedal sensor data).
Regarding claim 7, US’440 (in view of US’142) discloses ‘The pedal device according to claim 4, as discussed above.
US’440 (in view of US’142) further discloses ‘wherein the control unit stores the first information detected by the second sensor in the memory unit, in a state where a predetermined condition is satisfied (US’142, col. 11, lines 37-40:”pieces of pedal position data … are stored in another data”; col. 11, lines 4547:“The piece of pedal position data is periodically rewritten so that the register keeps the latest actual pedal position”).
Regarding claim 8, US’440 (in view of US’142) discloses ‘The pedal device according to claim 4, as discussed above.
US’440 (in view of US’142) further discloses ‘wherein the control unit transmits the first signal to the sound source unit, in a state where the detected first position of the foot lever reaches a threshold value of the first sensor and the second sensor does not detect the first information (US’142, col. 27, lines 41-59:” While the damper pedal 110 is traveling on the way to the entrance XH, the variable uf is zero. … When the damper pedal 110 reaches the entrance XH1 of half pedal region, the variable uf is changed to UF1 … The pulse width modulator 142b adjusts the driving signal … Thus, the human player notices the damper pedal 110 entering the half pedal region”, controller changes the control signal upon detecting that the pedal has reached the threshold)
Regarding claim 9, US’440 (in view of US’142) discloses ‘The pedal device according to claim 1, as discussed above.
‘wherein a position of a tip of the second portion in the foot lever, in changing the performance sound, includes a range within 5 mm before and after a position where 0.5 kg or more of a reaction force is applied thereto as a reference
US’142 teaches that the half-pedal region is defined with respect to a reference pedal position at which the musician experiences a change in reaction force/load, thereby allowing the musician to recognize entry into the half-pedal region. Specifically, US’142 teaches:” The human player feels the resistance of damper pedal 110 rapidly increased at the entrance XH to the half pedal region. For this reason, the human player can learn the pedal stroke from the rest position to the entrance XH to the half pedal region (col. 22, lines 48-52) and “The musician notices the damper pedal reaching the entrance XH through the change of load on the damper pedal 110” (col. 23, lines 43-44).
Although Fujiwara does not expressly disclose that the position of the tip of the second portion includes a range within 5 mm before and after a position where .0.5 kg or more of a reaction force is applied, Fujiwara recognizes that pedal position and reaction force affect operation of the half-pedal region and the tactile feedback provided to the user .Therefore, selecting a particular positional range relative to the reference reaction-force position would have an obvious matter of routine optimization to achieve a desired tactile response and pedal operability. Where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges by routine experimentation is ordinarily within the skill of art. In re Aller, 220 F.2d 454, 456 (CCPA 1955).
Regarding claim 10, US’440 (in view of US’142) discloses ‘The pedal device according to claim 1, as discussed above.
US’440 further discloses ‘wherein the first sensor extracts information relating to a position of the foot lever based on a predetermined condition (US’440, ¶[0038]:”the depression sensor 50 electrically and optically … senses a distance to the top surface of the lever 40 to obtain an amount of depression of the lever 40”, distance/displacement sensing).
Claims 6 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over US’440, in view of US’142, and in further view of US’466.
Regarding claim 6, US’440 (in view of US’142) discloses ‘The pedal device according to claim 4, as discussed above.
US’440 (in view of US’142) does not expressly disclose ‘wherein the first reaction force member has a center of rotation; and the second sensor acquires the first information based on an amount of rotation of the center of rotation of the reaction force member.
However, US’466 discloses ‘wherein the first reaction force member has a center of rotation (US’466, ¶[0063]:the damper body portion is locked/regulates rotation with respect to the chassis; ¶[0070]:the displacement portion rotates around rotation axis A80during the forward stroke; ¶[0072]: during return stroke, it rotates around A80 in the opposite direction”);
and the second sensor acquires the first information based on an amount of rotation of the center of rotation of the reaction force member (US’466, ¶[0070]:”the slide shaft portion 912 revolves around the rotation axis A80 …”; ¶[0072]:”the slide shaft portion 912 revolves around the rotation axis A80 toward the fourth direction R4”).
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 the pedal device of US’440 (in view of US’142) by incorporating US’466’s technique of acquiring information based on the rotational movement of the reaction force member because monitoring the movement of the reaction force member provides an alternative and reliable indication of pedal operation. Using US’466’s sensing technique with US’440’s pedal device would improve the determination of the pedal operating state.
Regarding claim 11, US’440 (in view of US’142) discloses ‘The pedal device according to claim 1, as discussed above.
US’440 (in view of US’142) does not expressly disclose ‘wherein the first sensor and the reaction force member are arranged on the case, which has an integral structure.
However, US’466 discloses ‘wherein the first sensor and the reaction force member are arranged on the case, which has an integral structure (US’466, ¶[0048]:the sensor 60 outputs a voltage corresponding to the stepping amount; ¶[0063]: the damper 80 is accommodated/held on the chassis 10 by accommodating portion 16 and holder 801”, the sensor 60 and damper 80 are mounted to the chassis/case structure).
It would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify the pedal device of US’440 (in view of US’142) to arrange the first sensor and reaction force member on the case structure of US’466 because mounting related components on a common integral housing simplifies assembly, maintains the positional relationship between sensor and reaction force member, and improves structural stability of the pedal device. Making separate components integral when they perform the same functions has long been recognized as an obvious matter of engineering design choice. In re Larson, 340 F.2d 965 (CCPA 1965); see also In re Dulberg, 289 F.2d 522 (CCPA 1961).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US20140305276 supports identifying the half-pedal region from the relationship between peal stroke positions and loads.
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/NICOLE K GILLESPIE/Examiner, Art Unit 2837
/DEDEI K HAMMOND/Supervisory Patent Examiner, Art Unit 2837
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