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(s) (IDS(s)) submitted on 9/22/2023 and 11/3/2023 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement(s) are being considered by the examiner.
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 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 1-3, 6, 9-12, 15, and 18-19 are rejected under 35 U.S.C. 102 as anticipated by Yoshinari et al. (JP 2007322683 A, December 13, 2007), hereinafter Yoshinari.
Regarding claim 1, Yoshinari discloses an information processing method implemented by a computer system (Yoshinari ¶0023: "Figure 3 is a flowchart showing the procedure for the musical sound characteristic control processing performed by the musical sound control device, in particular the CPU 6, in this embodiment."), the information processing method comprising: generating operation data representing one or more fingers, of a plurality of fingers of a left hand and a right hand of a user, that operate a musical instrument (Yoshinari ¶0016: "As shown in Figure 2(a), the optical axes of cameras 5a and 5b are directed towards the center of the keyboard 1a, so that each of the cameras 5a and 5b can image the entire area of the keyboard 1a. Cameras 5a and 5b can be standard cameras capable of capturing images of the performer's hands and fingers, but special cameras, such as infrared cameras, may also be used."), by analyzing a performance image (Yoshinari ¶0016: "When using an infrared camera, the hands and fingers of a performer emit heat, causing them to appear higher than their surroundings when imaged. This improves the accuracy of detecting the position of the performer's hands and fingers. Furthermore, to improve detection accuracy, the performer's hands and fingers may be marked with specific colors or other markings (for example, by applying nail polish to their nails, attaching attachments to their fingers, or wearing bracelets).") indicating the plurality of fingers of the user who plays the musical instrument (Yoshinari ¶0026: "In the hand and/or finger position recognition process of the performer described in (2) above, the predetermined image recognition process is applied to the captured image data, that is, the two image data stored in the image data storage area of the RAM 8, thereby recognizing the position of each hand and/or finger independently in at least one direction from the up-and-down, left-and-right, and front-and-back directions (step S4)."); and executing first processing in a case where the operation data represents the musical instrument being operated with a finger of the left hand, and executing second processing different from the first processing in a case where the operation data represents the musical instrument being operated with a finger of the right hand (Yoshinari ¶0028: "In the hand-level position recognition process, as shown in Figure 4(a), the position of the left and right hands is recognized independently in at least one direction from the vertical, horizontal, and forward/backward directions. In this way, once the position in a predetermined direction is detected for each hand, the musical tonal characteristics assigned to the left hand and the musical tonal characteristics assigned to the right hand can be controlled independently based on the detected positions of each hand, i.e., the positions of the left and right hands. In the finger-level position recognition process, as shown in Figure 4(b), the position of each finger is recognized independently in at least one direction from the vertical, horizontal, and forward/backward directions. In this way, once the position in a predetermined direction is detected for each finger, the musical characteristics assigned to each finger can be controlled independently based on the detected position of each finger." ¶0008: "For example, it becomes possible to control the sound by applying vibrato to the note being played based on the position of the right hand, and by applying tremolo to the note being played based on the position of the left hand. Alternatively, you can vary the amount of vibrato applied to each finger (or each pitch).").
Regarding claim 2, Yoshinari discloses an information processing method comprising the features of claim 1 as discussed above.
Yoshinari further discloses that the first processing is processing of reproducing a sound of a first timbre, and the second processing is processing of reproducing a sound of a second timbre different from the first timbre (Yoshinari ¶0028: "once the position in a predetermined direction is detected for each hand, the musical tonal characteristics assigned to the left hand and the musical tonal characteristics assigned to the right hand can be controlled independently based on the detected positions of each hand, i.e., the positions of the left and right hands." ¶0033: "Examples of musical tonal characteristics that can be controlled include volume, pitch, and timbre.").
Regarding claim 3, Yoshinari discloses an information processing method comprising the features of claim 2 as discussed above.
Yoshinari further discloses that the generating of the operation data includes: generating finger position data representing a position of each finger of the right hand and a position of each finger of the left hand by analyzing the performance image (Yoshinari ¶0028: "In the hand-level position recognition process, as shown in Figure 4(a), the position of the left and right hands is recognized independently in at least one direction from the vertical, horizontal, and forward/backward directions… In the finger-level position recognition process, as shown in Figure 4(b), the position of each finger is recognized independently in at least one direction from the vertical, horizontal, and forward/backward directions.), and generating the operation data using performance data representing performance by the user (Yoshinari ¶0024: "When the detection circuit 3 detects that a key 1a has been pressed, the CPU 6 proceeds to the process of starting the sound generation of a musical tone corresponding to the key press as described in (1) above, and generates key-on event data corresponding to the detected key press, specifically key code data corresponding to the pitch of the pressed key, velocity data corresponding to the key press, and key-on data, and supplies it to the sound source circuit 14. In response, the sound source circuit 14 begins to generate a musical tone signal corresponding to the supplied key-on event data, that is, it begins to produce a musical tone.") and the finger position data (Yoshinari ¶0008: "For example, it becomes possible to control the sound by applying vibrato to the note being played based on the position of the right hand, and by applying tremolo to the note being played based on the position of the left hand. Alternatively, you can vary the amount of vibrato applied to each finger (or each pitch).").
Regarding claim 6, Yoshinari discloses an information processing method comprising the features of claim 1 as discussed above.
Yoshinari further discloses that the generating of the operation data includes: generating finger position data representing a position of each finger of the right hand and a position of each finger of the left hand by analyzing the performance image (Yoshinari ¶0028: "In the hand-level position recognition process, as shown in Figure 4(a), the position of the left and right hands is recognized independently in at least one direction from the vertical, horizontal, and forward/backward directions… In the finger-level position recognition process, as shown in Figure 4(b), the position of each finger is recognized independently in at least one direction from the vertical, horizontal, and forward/backward directions."), and generating the operation data using performance data representing performance by the user (Yoshinari ¶0024: "When the detection circuit 3 detects that a key 1a has been pressed, the CPU 6 proceeds to the process of starting the sound generation of a musical tone corresponding to the key press as described in (1) above, and generates key-on event data corresponding to the detected key press, specifically key code data corresponding to the pitch of the pressed key, velocity data corresponding to the key press, and key-on data, and supplies it to the sound source circuit 14. In response, the sound source circuit 14 begins to generate a musical tone signal corresponding to the supplied key-on event data, that is, it begins to produce a musical tone.") and the finger position data (Yoshinari ¶0008: "For example, it becomes possible to control the sound by applying vibrato to the note being played based on the position of the right hand, and by applying tremolo to the note being played based on the position of the left hand. Alternatively, you can vary the amount of vibrato applied to each finger (or each pitch).").
Regarding claim 9, Yoshinari discloses an information processing method comprising the features of claim 6 as discussed above.
Yoshinari further discloses determining whether the musical instrument is played by the user in accordance with the performance data (Yoshinari ¶0024: "When the detection circuit 3 detects that a key 1a has been pressed, the CPU 6 proceeds to the process of starting the sound generation of a musical tone corresponding to the key press as described in (1) above, and generates key-on event data corresponding to the detected key press, specifically key code data corresponding to the pitch of the pressed key, velocity data corresponding to the key press, and key-on data, and supplies it to the sound source circuit 14."); and not generating the finger position data in a case where the musical instrument is not played (Yoshinari ¶0021: "In this embodiment, the image data output from cameras 5a and 5b is stored in the image data storage area even when image recognition is not being performed. However, the system is not limited to this, and the image data may be stored in the image data storage area only when image recognition is being performed, that is, when a key press on the keyboard 1a is detected.").
Regarding claim 10, Yoshinari discloses an information processing system comprising: a memory configured to store instructions (Yoshinari ¶0041: "For supplying program code, storage media such as flexible disks, hard disks, magneto optical disks, CD-ROMs, CD-Rs, CD-RWs, DVD-ROMs, DVD-RAMs, DVD-RWs, DVD+RWs, magnetic tapes, non-volatile memory cards, and ROMs can be used."); and a processor communicatively connected to the memory and configured to execute the stored instructions (Yoshinari ¶0023: "Figure 3 is a flowchart showing the procedure for the musical sound characteristic control processing performed by the musical sound control device, in particular the CPU 6, in this embodiment.") to function as: a performance analysis unit configured to generate operation data representing one or more fingers, of a plurality of fingers of a left hand and a right hand of a user, that operate a musical instrument (Yoshinari ¶0016: "As shown in Figure 2(a), the optical axes of cameras 5a and 5b are directed towards the center of the keyboard 1a, so that each of the cameras 5a and 5b can image the entire area of the keyboard 1a. Cameras 5a and 5b can be standard cameras capable of capturing images of the performer's hands and fingers, but special cameras, such as infrared cameras, may also be used."), by analyzing a performance image (Yoshinari ¶0016: "When using an infrared camera, the hands and fingers of a performer emit heat, causing them to appear higher than their surroundings when imaged. This improves the accuracy of detecting the position of the performer's hands and fingers. Furthermore, to improve detection accuracy, the performer's hands and fingers may be marked with specific colors or other markings (for example, by applying nail polish to their nails, attaching attachments to their fingers, or wearing bracelets).") indicating the plurality of fingers of the user who plays the musical instrument (Yoshinari ¶0026: "In the hand and/or finger position recognition process of the performer described in (2) above, the predetermined image recognition process is applied to the captured image data, that is, the two image data stored in the image data storage area of the RAM 8, thereby recognizing the position of each hand and/or finger independently in at least one direction from the up-and-down, left-and-right, and front-and-back directions (step S4)."); and an operation control unit configured to execute first processing in a case where the operation data represents the musical instrument being operated with a finger of the left hand, and execute second processing different from the first processing in a case where the operation data represents the musical instrument being operated with a finger of the right hand (Yoshinari ¶0028: "In the hand-level position recognition process, as shown in Figure 4(a), the position of the left and right hands is recognized independently in at least one direction from the vertical, horizontal, and forward/backward directions. In this way, once the position in a predetermined direction is detected for each hand, the musical tonal characteristics assigned to the left hand and the musical tonal characteristics assigned to the right hand can be controlled independently based on the detected positions of each hand, i.e., the positions of the left and right hands. In the finger-level position recognition process, as shown in Figure 4(b), the position of each finger is recognized independently in at least one direction from the vertical, horizontal, and forward/backward directions. In this way, once the position in a predetermined direction is detected for each finger, the musical characteristics assigned to each finger can be controlled independently based on the detected position of each finger." ¶0008: "For example, it becomes possible to control the sound by applying vibrato to the note being played based on the position of the right hand, and by applying tremolo to the note being played based on the position of the left hand. Alternatively, you can vary the amount of vibrato applied to each finger (or each pitch).").
Regarding claim 11, Yoshinari discloses an information processing system comprising the features of claim 10 as discussed above.
Yoshinari further discloses that the first processing is processing of reproducing a sound of a first timbre, and the second processing is processing of reproducing a sound of a second timbre different from the first timbre (Yoshinari ¶0028: "once the position in a predetermined direction is detected for each hand, the musical tonal characteristics assigned to the left hand and the musical tonal characteristics assigned to the right hand can be controlled independently based on the detected positions of each hand, i.e., the positions of the left and right hands." ¶0033: "Examples of musical tonal characteristics that can be controlled include volume, pitch, and timbre.").
Regarding claim 12, Yoshinari discloses an information processing system comprising the features of claim 11 as discussed above.
Yoshinari further discloses the performance analysis unit is configured to: generate finger position data representing a position of each finger of the right hand and a position of each finger of the left hand by analyzing the performance image (Yoshinari ¶0028: "In the hand-level position recognition process, as shown in Figure 4(a), the position of the left and right hands is recognized independently in at least one direction from the vertical, horizontal, and forward/backward directions… In the finger-level position recognition process, as shown in Figure 4(b), the position of each finger is recognized independently in at least one direction from the vertical, horizontal, and forward/backward directions.); and generate the operation data using performance data representing performance by the user (Yoshinari ¶0024: "When the detection circuit 3 detects that a key 1a has been pressed, the CPU 6 proceeds to the process of starting the sound generation of a musical tone corresponding to the key press as described in (1) above, and generates key-on event data corresponding to the detected key press, specifically key code data corresponding to the pitch of the pressed key, velocity data corresponding to the key press, and key-on data, and supplies it to the sound source circuit 14. In response, the sound source circuit 14 begins to generate a musical tone signal corresponding to the supplied key-on event data, that is, it begins to produce a musical tone.") and the finger position data (Yoshinari ¶0008: "For example, it becomes possible to control the sound by applying vibrato to the note being played based on the position of the right hand, and by applying tremolo to the note being played based on the position of the left hand. Alternatively, you can vary the amount of vibrato applied to each finger (or each pitch).").
Regarding claim 15, Yoshinari discloses an information processing system comprising the features of claim 10 as discussed above.
Yoshinari further discloses that the performance analysis unit is configured to: generate finger position data representing a position of each finger of the right hand and a position of each finger of the left hand by analyzing the performance image (Yoshinari ¶0028: "In the hand-level position recognition process, as shown in Figure 4(a), the position of the left and right hands is recognized independently in at least one direction from the vertical, horizontal, and forward/backward directions… In the finger-level position recognition process, as shown in Figure 4(b), the position of each finger is recognized independently in at least one direction from the vertical, horizontal, and forward/backward directions."); and generate the operation data using performance data representing performance by the user (Yoshinari ¶0024: "When the detection circuit 3 detects that a key 1a has been pressed, the CPU 6 proceeds to the process of starting the sound generation of a musical tone corresponding to the key press as described in (1) above, and generates key-on event data corresponding to the detected key press, specifically key code data corresponding to the pitch of the pressed key, velocity data corresponding to the key press, and key-on data, and supplies it to the sound source circuit 14. In response, the sound source circuit 14 begins to generate a musical tone signal corresponding to the supplied key-on event data, that is, it begins to produce a musical tone.") and the finger position data (Yoshinari ¶0008: "For example, it becomes possible to control the sound by applying vibrato to the note being played based on the position of the right hand, and by applying tremolo to the note being played based on the position of the left hand. Alternatively, you can vary the amount of vibrato applied to each finger (or each pitch).").
Regarding claim 18, Yoshinari discloses an information processing system comprising the features of claim 15 as discussed above.
Yoshinari further discloses that the performance analysis unit is configured: to determine whether the musical instrument is played by the user in accordance with the performance data (Yoshinari ¶0024: "When the detection circuit 3 detects that a key 1a has been pressed, the CPU 6 proceeds to the process of starting the sound generation of a musical tone corresponding to the key press as described in (1) above, and generates key-on event data corresponding to the detected key press, specifically key code data corresponding to the pitch of the pressed key, velocity data corresponding to the key press, and key-on data, and supplies it to the sound source circuit 14."); and not to generate the finger position data in a case where the musical instrument is not played (Yoshinari ¶0021: "In this embodiment, the image data output from cameras 5a and 5b is stored in the image data storage area even when image recognition is not being performed. However, the system is not limited to this, and the image data may be stored in the image data storage area only when image recognition is being performed, that is, when a key press on the keyboard 1a is detected.").
Regarding claim 19, Yoshinari discloses a non-transitory computer-readable medium storing a program (Yoshinari ¶0041: "For supplying program code, storage media such as flexible disks, hard disks, magneto optical disks, CD-ROMs, CD-Rs, CD-RWs, DVD-ROMs, DVD-RAMs, DVD-RWs, DVD+RWs, magnetic tapes, non-volatile memory cards, and ROMs can be used.") that causes a computer system (Yoshinari ¶0023: "Figure 3 is a flowchart showing the procedure for the musical sound characteristic control processing performed by the musical sound control device, in particular the CPU 6, in this embodiment.") to function as: a performance analysis unit configured to generate operation data representing one or more fingers, of a plurality of fingers of a left hand and a right hand of a user, that operate a musical instrument (Yoshinari ¶0016: "As shown in Figure 2(a), the optical axes of cameras 5a and 5b are directed towards the center of the keyboard 1a, so that each of the cameras 5a and 5b can image the entire area of the keyboard 1a. Cameras 5a and 5b can be standard cameras capable of capturing images of the performer's hands and fingers, but special cameras, such as infrared cameras, may also be used."), by analyzing a performance image (Yoshinari ¶0016: "When using an infrared camera, the hands and fingers of a performer emit heat, causing them to appear higher than their surroundings when imaged. This improves the accuracy of detecting the position of the performer's hands and fingers. Furthermore, to improve detection accuracy, the performer's hands and fingers may be marked with specific colors or other markings (for example, by applying nail polish to their nails, attaching attachments to their fingers, or wearing bracelets).") indicating the plurality of fingers of the user who plays the musical instrument (Yoshinari ¶0026: "In the hand and/or finger position recognition process of the performer described in (2) above, the predetermined image recognition process is applied to the captured image data, that is, the two image data stored in the image data storage area of the RAM 8, thereby recognizing the position of each hand and/or finger independently in at least one direction from the up-and-down, left-and-right, and front-and-back directions (step S4)."); and an operation control unit configured to execute first processing in a case where the operation data represents the musical instrument being operated with a finger of the left hand, and execute second processing different from the first processing in a case where the operation data represents the musical instrument being operated with a finger of the right hand (Yoshinari ¶0028: "In the hand-level position recognition process, as shown in Figure 4(a), the position of the left and right hands is recognized independently in at least one direction from the vertical, horizontal, and forward/backward directions. In this way, once the position in a predetermined direction is detected for each hand, the musical tonal characteristics assigned to the left hand and the musical tonal characteristics assigned to the right hand can be controlled independently based on the detected positions of each hand, i.e., the positions of the left and right hands. In the finger-level position recognition process, as shown in Figure 4(b), the position of each finger is recognized independently in at least one direction from the vertical, horizontal, and forward/backward directions. In this way, once the position in a predetermined direction is detected for each finger, the musical characteristics assigned to each finger can be controlled independently based on the detected position of each finger." ¶0008: "For example, it becomes possible to control the sound by applying vibrato to the note being played based on the position of the right hand, and by applying tremolo to the note being played based on the position of the left hand. Alternatively, you can vary the amount of vibrato applied to each finger (or each pitch).").
Claim Rejections - 35 USC § 103
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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 4-5 and 13-14 are rejected under 35 U.S.C. 103 as unpatentable over Yoshinari in view of Konishi et al. (JP H05265446 A, October 15, 19930, hereinafter Konishi '446.
Regarding claim 4, Yoshinari discloses an information processing method comprising the features of claim 1 as discussed above.
Yoshinari does not explicitly disclose that the first processing is processing of reproducing a sound with a first reproduction intensity having a first relation with respect to an operation intensity by the user, and the second processing is processing of reproducing a sound with a second reproduction intensity having a second relation with respect to the operation intensity by the user, the second relation being different from the first relation.
However, Konishi '446 teaches that the first processing is processing of reproducing a sound with a first reproduction intensity having a first relation with respect to an operation intensity by the user (Konishi '446 ¶0071: "Once the left or right hand used to press the key is determined in process S25, different musical tone correction information corresponding to the left or right hand is set (stored) in RAM in processes S26 and S27." ¶0072: "If the determination process in S25 is "yes", the key was pressed by the performer's left hand, so the left-hand information is read from ROM and stored in RAM (S26)."), and the second processing is processing of reproducing a sound with a second reproduction intensity having a second relation with respect to the operation intensity by the user (Konishi '446 ¶0071: "Once the left or right hand used to press the key is determined in process S25, different musical tone correction information corresponding to the left or right hand is set (stored) in RAM in processes S26 and S27." ¶0072: "On the other hand, if the judgment in S25 is "no", the key was pressed by the performer's right hand, so the right-hand information is read from ROM and stored in RAM (S27)."), the second relation being different from the first relation (Konishi ¶0100: "Furthermore, because different tonal controls are applied depending on whether the performer's left or right hand is used, differences in the strength of the pressure applied to the keys by the left and right hands are compensated for, enabling proper performance.").
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the information processing method of Yoshinari by adding the different intensity between hands of Konishi '446 to correct the strength of the performer's hand movements to enable appropriate playing (Konishi '446 ¶0017).
Regarding claim 5, Yoshinari (in view of Konishi '446) teaches an information processing method comprising the features of claim 4 as discussed above.
Yoshinari further teaches that the generating of the operation data includes: generating finger position data representing a position of each finger of the right hand and a position of each finger of the left hand by analyzing the performance image (Yoshinari ¶0028: "In the hand-level position recognition process, as shown in Figure 4(a), the position of the left and right hands is recognized independently in at least one direction from the vertical, horizontal, and forward/backward directions… In the finger-level position recognition process, as shown in Figure 4(b), the position of each finger is recognized independently in at least one direction from the vertical, horizontal, and forward/backward directions."), and generating the operation data using performance data representing performance by the user (Yoshinari ¶0024: "When the detection circuit 3 detects that a key 1a has been pressed, the CPU 6 proceeds to the process of starting the sound generation of a musical tone corresponding to the key press as described in (1) above, and generates key-on event data corresponding to the detected key press, specifically key code data corresponding to the pitch of the pressed key, velocity data corresponding to the key press, and key-on data, and supplies it to the sound source circuit 14. In response, the sound source circuit 14 begins to generate a musical tone signal corresponding to the supplied key-on event data, that is, it begins to produce a musical tone.") and the finger position data (Yoshinari ¶0008: "For example, it becomes possible to control the sound by applying vibrato to the note being played based on the position of the right hand, and by applying tremolo to the note being played based on the position of the left hand. Alternatively, you can vary the amount of vibrato applied to each finger (or each pitch).").
Regarding claim 13, Yoshinari discloses an information processing system comprising the features of claim 10 as discussed above.
Yoshinari does not explicitly disclose that the first processing is processing of reproducing a sound with a first reproduction intensity having a first relation with respect to an operation intensity by the user, and the second processing is processing of reproducing a sound with a second reproduction intensity having a second relation with respect to the operation intensity by the user, the second relation being different from the first relation.
However, Konishi '446 teaches the first processing is processing of reproducing a sound with a first reproduction intensity having a first relation with respect to an operation intensity by the user (Konishi '446 ¶0071: "Once the left or right hand used to press the key is determined in process S25, different musical tone correction information corresponding to the left or right hand is set (stored) in RAM in processes S26 and S27." ¶0072: "If the determination process in S25 is "yes", the key was pressed by the performer's left hand, so the left-hand information is read from ROM and stored in RAM (S26)."), and the second processing is processing of reproducing a sound with a second reproduction intensity having a second relation with respect to the operation intensity by the user (Konishi '446 ¶0071: "Once the left or right hand used to press the key is determined in process S25, different musical tone correction information corresponding to the left or right hand is set (stored) in RAM in processes S26 and S27." ¶0072: "On the other hand, if the judgment in S25 is "no", the key was pressed by the performer's right hand, so the right-hand information is read from ROM and stored in RAM (S27)."), the second relation being different from the first relation (Konishi ¶0100: "Furthermore, because different tonal controls are applied depending on whether the performer's left or right hand is used, differences in the strength of the pressure applied to the keys by the left and right hands are compensated for, enabling proper performance.").
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the information processing system of Yoshinari by adding the different intensity between hands of Konishi '446 to correct the strength of the performer's hand movements to enable appropriate playing (Konishi '446 ¶0017).
Regarding claim 14, Yoshinari (in view of Konishi '446) teaches an information processing system comprising the features of claim 13 as discussed above.
Yoshinari further teaches that the performance analysis unit is configured to: generate finger position data representing a position of each finger of the right hand and a position of each finger of the left hand by analyzing the performance image (Yoshinari ¶0028: "In the hand-level position recognition process, as shown in Figure 4(a), the position of the left and right hands is recognized independently in at least one direction from the vertical, horizontal, and forward/backward directions… In the finger-level position recognition process, as shown in Figure 4(b), the position of each finger is recognized independently in at least one direction from the vertical, horizontal, and forward/backward directions."); and generate the operation data using performance data representing performance by the user (Yoshinari ¶0024: "When the detection circuit 3 detects that a key 1a has been pressed, the CPU 6 proceeds to the process of starting the sound generation of a musical tone corresponding to the key press as described in (1) above, and generates key-on event data corresponding to the detected key press, specifically key code data corresponding to the pitch of the pressed key, velocity data corresponding to the key press, and key-on data, and supplies it to the sound source circuit 14. In response, the sound source circuit 14 begins to generate a musical tone signal corresponding to the supplied key-on event data, that is, it begins to produce a musical tone.") and the finger position data (Yoshinari ¶0008: "For example, it becomes possible to control the sound by applying vibrato to the note being played based on the position of the right hand, and by applying tremolo to the note being played based on the position of the left hand. Alternatively, you can vary the amount of vibrato applied to each finger (or each pitch).").
Claims 7-8 and 16-17 are rejected under 35 U.S.C. 103 as unpatentable over Yoshinari in view of Konishi et al. (JP H05265447 A, October 15, 1993), hereinafter Konishi '447.
Regarding claim 7, Yoshinari discloses an information processing method comprising the features of claim 6 as discussed above.
Yoshinari further teaches that the generating of the finger position data includes: image analysis processing of estimating a position of each finger of a first hand of the user and a position of each finger of a second hand of the user by analyzing the performance image (Yoshinari ¶0026: "In the hand and/or finger position recognition process of the performer described in (2) above, the predetermined image recognition process is applied to the captured image data, that is, the two image data stored in the image data storage area of the RAM 8, thereby recognizing the position of each hand and/or finger independently in at least one direction from the up-and-down, left-and-right, and front-and-back directions (step S4).").
Yoshinari does not explicitly disclose that the left-right determination processing of determining that, of the first hand and the second hand, a hand with a thumb positioned on a left side of a little finger is the right hand, and a hand with a thumb positioned on a right side of a little finger is the left hand.
However, Konishi '447 teaches that the left-right determination processing of determining that, of the first hand and the second hand, a hand with a thumb positioned on a left side of a little finger is the right hand, and a hand with a thumb positioned on a right side of a little finger is the left hand (Konishi '447 ¶0007: "By the way, except in special cases where the performer's hands are crossed, the performer's fingers are arranged from left to right in the following order: little finger, ring finger, middle finger, index finger, thumb on the left hand, and thumb, index finger, middle finger, ring finger, little finger on the right hand.").
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the information processing method of Yoshinari by adding the left-right hand processing of Konishi '446 to correct determine which finger on the left or right hand is operating when a key on the keyboard of the electronic musical instrument is operated (Konishi '447 ¶0004).
Regarding claim 8, Yoshinari (in view of Konishi '447) teaches an information processing method comprising the features of claim 7 as discussed above.
Yoshinari further teaches determining whether the musical instrument is played by the user in accordance with the performance data (Yoshinari ¶0024: "When the detection circuit 3 detects that a key 1a has been pressed, the CPU 6 proceeds to the process of starting the sound generation of a musical tone corresponding to the key press as described in (1) above, and generates key-on event data corresponding to the detected key press, specifically key code data corresponding to the pitch of the pressed key, velocity data corresponding to the key press, and key-on data, and supplies it to the sound source circuit 14."); and not generating the finger position data in a case where the musical instrument is not played (Yoshinari ¶0021: "In this embodiment, the image data output from cameras 5a and 5b is stored in the image data storage area even when image recognition is not being performed. However, the system is not limited to this, and the image data may be stored in the image data storage area only when image recognition is being performed, that is, when a key press on the keyboard 1a is detected.").
Regarding claim 16, Yoshinari discloses an information processing system comprising the features of claim 15 as discussed above.
Yoshinari further teaches that the generation of the finger position data includes: image analysis processing of estimating a position of each finger of a first hand of the user and a position of each finger of a second hand of the user by analyzing the performance image (Yoshinari ¶0026: "In the hand and/or finger position recognition process of the performer described in (2) above, the predetermined image recognition process is applied to the captured image data, that is, the two image data stored in the image data storage area of the RAM 8, thereby recognizing the position of each hand and/or finger independently in at least one direction from the up-and-down, left-and-right, and front-and-back directions (step S4).").
Yoshinari does not explicitly disclose left-right determination processing of determining that, of the first hand and the second hand, a hand with a thumb positioned on a left side of a little finger is the right hand, and a hand with a thumb positioned on a right side of a little finger is the left hand.
However, Konishi '447 teaches left-right determination processing of determining that, of the first hand and the second hand, a hand with a thumb positioned on a left side of a little finger is the right hand, and a hand with a thumb positioned on a right side of a little finger is the left hand (Konishi '447 ¶0007: "By the way, except in special cases where the performer's hands are crossed, the performer's fingers are arranged from left to right in the following order: little finger, ring finger, middle finger, index finger, thumb on the left hand, and thumb, index finger, middle finger, ring finger, little finger on the right hand.").
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the information processing system of Yoshinari by adding the left-right hand processing of Konishi '446 to correct determine which finger on the left or right hand is operating when a key on the keyboard of the electronic musical instrument is operated (Konishi '447 ¶0004).
Regarding claim 17, Yoshinari (in view of Konishi '447) teaches an information processing system comprising the features of claim 16 as discussed above.
oshinari further teaches that the performance analysis unit is configured: to determine whether the musical instrument is played by the user in accordance with the performance data (Yoshinari ¶0024: "When the detection circuit 3 detects that a key 1a has been pressed, the CPU 6 proceeds to the process of starting the sound generation of a musical tone corresponding to the key press as described in (1) above, and generates key-on event data corresponding to the detected key press, specifically key code data corresponding to the pitch of the pressed key, velocity data corresponding to the key press, and key-on data, and supplies it to the sound source circuit 14."); and not to generate the finger position data in a case where the musical instrument is not played (Yoshinari ¶0021: "In this embodiment, the image data output from cameras 5a and 5b is stored in the image data storage area even when image recognition is not being performed. However, the system is not limited to this, and the image data may be stored in the image data storage area only when image recognition is being performed, that is, when a key press on the keyboard 1a is detected.").
Conclusion
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/PHILIP G SCOLES/
Examiner, Art Unit 2837
/DEDEI K HAMMOND/Supervisory Patent Examiner, Art Unit 2837
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