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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description:
In Figures 1 and 3, reference number 28 is shown, but fails to be mentioned in the Specification.
In Figure 2, reference number 14D is shown, but fails to be mentioned in the Specification.
In Figure 4, reference number 12E is shown, but fails to be mentioned in the Specification.
Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 firsts sensor being electrically insulated from or electrically coupled to the second sensor must be shown or the features canceled from the claims (i.e. no insulating means or wiring shown). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
Claim 12 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
The recitation that the drum module is responsive to a signal from one of the first sensor and the third sensor and configured for triggering playback of a sound associated with the one of first and second sensors is indefinite. Please clarify how a playback sound of the second sensor can be triggered by a signal from the third sensor.
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.
Claims 1-7 and 10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by the US patent application publication to Toda (US 2003/0200860).
In terms of claim 1, Toda teaches an electronic cymbal (1), comprising: a cymbal body (11, 12) defining an exterior striking surface (11) having a perimeter edge (11c); a first sensor (16) disposed proximate the perimeter edge at a first angle (see Figure 1); and a second sensor (14) disposed proximate the perimeter edge at a second angle (see Figure 1) different from the first angle.
As for claim 2, Toda teaches a substantially rigid interior frame (11A) (see paragraph [0037]).
As for claim 3, Toda teaches at least one of the first (16) and second (14) sensors disposed on the frame (11A) interiorly of the striking surface (see Figure 1).
As for claim 4, Toda teaches the perimeter edge (11c) having at least a partially arcuate shape (see Figure 1), and wherein at least one of the first and second sensors having at least a partially arcuate shape (see Figure 1, and paragraph [0040], wherein sensor 14 is partially arcuate in shape to adhere to the partially arcuate shape of the striking surface and frame).
As for claim 5, Toda teaches the perimeter edge (11c) having a circumferential shape (see Figure 2), and wherein one of the first and second sensors having a circumferential shape (see paragraph [0041], sensor 16 ring shaped).
As for claim 6, Toda teaches the exterior striking surface (11) further defining a bell profile (11b), and wherein a third sensor (17) is disposed proximate the bell profile (see Figure 1).
As for claim 7, Toda teaches connection to a musical tone generator for producing playback sounds triggered by signals from the sensors (see paragraphs [0034] and [0042]).
In terms of claim 10, Toda teaches an electronic cymbal (1), comprising: exterior striking surface (11) having a thickness and defining a perimeter edge profile (11c) and a bell profile (11b); an interior frame (11A) disposed beneath the exterior striking surface and substantially mimicking the perimeter edge profile and the bell profile of the exterior striking surface; a first sensor (16) disposed intermediate the exterior striking surface and interior frame and proximate the perimeter edge profile; and a second sensor (17) disposed intermediate the exterior striking surface and interior frame and proximate the bell profile, wherein the thickness of the exterior striking surface proximate the first sensor and the second sensor is substantially uniform (see Figure 1).
Claims 1-3, 5-7, 10-13 and 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by the Japanese publication to Yasuda et al. (JP 2015028521 A) (English Translation provided by the Examiner).
In terms of claim 1, Yasuda et al. teaches an electronic cymbal (see Figure 1A and paragraph [0028]), comprising: a cymbal body (20, 30, 40) defining an exterior striking surface (see Abstract) having a perimeter edge; a first sensor (sA) disposed proximate the perimeter edge at a first angle (see Figure 3); and a second sensor (sB) disposed proximate the perimeter edge at a second angle (see Figure 3) different from the first angle.
As for claim 2, Yasuda et al. teaches a substantially rigid interior frame (21) (see paragraph [0034]).
As for claim 3, Yasuda et al. teaches at least one of the first and second sensors disposed on the frame (21) interiorly of the striking surface (see Figure 3).
As for claim 5, Yasuda et al. teaches the perimeter edge having a circumferential shape (see Figure 1b), and wherein one of the first and second sensors having a circumferential shape (see paragraph [0037], sensor (sA) disposed over the circumference of the outer peripheral edge).
As for claim 6, Yasuda et al. teaches the exterior striking surface further defining a bell profile (40), and wherein a third sensor (sC) is disposed proximate the bell profile (see Figure 3).
As for claim 7, Yasuda et al. teaches connection to a musical sound generator for producing playback sounds triggered by signals from the sensors (see paragraphs [0031] and [0060]).
In terms of claim 10, Yasuda et al. teaches an electronic cymbal (see Figure 1A and paragraph [0028]), comprising: exterior striking surface having a thickness and defining a perimeter edge profile (20) (see Figures 1 and 3) and a bell profile (40); an interior frame (21) disposed beneath the exterior striking surface and substantially mimicking the perimeter edge profile and the bell profile of the exterior striking surface (see Figure 3); a first sensor (sA) disposed intermediate the exterior striking surface and interior frame and proximate the perimeter edge profile; and a second sensor (sC) disposed intermediate the exterior striking surface and interior frame and proximate the bell profile, wherein the thickness of the exterior striking surface proximate the first sensor and the second sensor is substantially uniform (see Figure 3).
As for claim 11, Yasuda et al. teaches a third sensor (sB) disposed intermediate the exterior striking surface and interior frame and proximate the perimeter edge profile (see Figure 3).
As for claim 12, Yasuda et al. teaches the first sensor (sA) and the third sensor (sB) disposed in different planes relative to the interior frame (see Figure 3).
As for claim 13, Yasuda et al. teaches connection to a musical sound generator for producing playback sounds triggered by signals from the sensors (see paragraphs [0031] and [0060]).
As for claim 16, Yasuda et al. teaches the perimeter edge having a circumferential shape (see Figure 1b), and wherein one of the first and third sensors having a circumferential shape (see paragraph [0037], sensor (sA) disposed over the circumference of the outer peripheral edge).
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 8, 9, 1 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Toda in view of that which is well-known in the art.
Toda fails to explicitly teach electrically insulating or electrically coupling the sensors; however, Toda does teach the wiring and insulation of switches (see paragraph [0051]). Therefore, it would have been obvious to one of ordinary skill in the art, at the time of the effective filing date, to use a similar configuration between the sensors of Toda.
Further, it would have been obvious to either insulate/ separate or couple together to sensors of Toda, given it has been held that forming in one piece an article which has formerly been formed in two pieces and put together involves only routine skill in the art (Howard v. Detroit Stove Works, 150 U.S. 164 (1893)), and it has been held that constructing a formerly integral structure in various elements involves only routine skill in the art (Nerwin v. Erlichman, 168 USPQ 177, 179).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Please see the Notice of References Cited provided by the Examiner, in particular, the US patent to Wissmuller (8,785,758).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Christina Schreiber whose telephone number is (571)272-4350. The examiner can normally be reached M-F 7-4 PM.
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/CHRISTINA M SCHREIBER/Primary Examiner, Art Unit 2837 08/13/2026
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