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 8 and 10, reference numbers 62-1, 62-2, 62-3 and 62-4 are shown, but fail to be mentioned in the Specification.
In Figures 9 and 10, reference numbers 161 and 162 are shown, but fail to be mentioned in the Specification. In Figures 9 and 10, reference characters 012, 013, 022 and 023 are shown, but fail to be mentioned in the Specification. In Figure 10, reference numbers 63-1, 63-2 and 63-3 are shown, but fail 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 C FR 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 as failing to comply with 37 CFR 1.84(p)(5)
because they do not include the following reference sign(s) mentioned in the
description:
Corrected drawing sheets in compliance with 37 C FR 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 am ended. 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
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 2-7 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 2, is rejected because it is unclear with respect to what comparison the recited distance is “smallest”. The claim recites that the distance between the detectable circuit and the coil is smallest in the first state but does not positively recite the reference position or positions being compare. The meres and bounds of the claim are unclear.
For purposes of examination, claim 2 will be interpreted as reciting that the distance between the detectable circuit and the coil is less in the first state than in any other position of the movable member within a movable range.
In terms of claim 3, lines 3-5, it is unclear how the generating task can generate position data indicating a position of the movable member based on the voltage of the detection signal in the second state (where the movable member is displaced from the initial position, i.e. position based on itself).
For purposes of examination, claim 3 will be interpreted as reciting that the generating task generates position data based on a voltage of the detection signal measured while the movable member is in the second state.
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 and 8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US20150170625 (Clark), hereinafter US’625.
Regarding claim 1, US’625 discloses ‘A musical instrument (US’625, ¶[0015]:” musical effect device … electronic musical instrument”) comprising:
a fixed member (US’625, Fig. 5, ¶[0057]:” typically includes a fixed element and a moveable element”);
a movable member displaceable in response to a playing operation of the musical instrument, the movable member (US’625, ¶¶[0057]-[0059]:“a foot pedal FIG. 5, a slider FIG. 6 and a musician moving said active tuned resonant circuit or said reactive element FIG. 7”) being displaceable relative to the fixed member from a first state where the movable member is in an initial position to a second state where the movable member is displaced from the initial position (US’625, ¶[0041]:”a mechanism or housing which enables the mutual separation of said active tuned resonant circuit and said reactive element to be varied”);
a detectable circuit including a magnetic or conductive body and disposed on the movable member (US’625, ¶[0059]; ¶[0043]:”the reactive element preferably comprises a passive tuned resonant circuit which comprises an inductive coil 8”; ¶[0055]:”the reactive element is an electrically conductive object, the magnetic field generated by the active tuned resonant circuit FIG. 1 ¶[0057]:” moveable element to contain the reactive element”);
and a detector circuit including a coil (US’625, ¶[0059]; ¶[0042]:”active tuned resonant circuit FIG. 1 comprises an input resistor 4, an inductive coil 1”; ¶[0057]:”) disposed on the fixed member and configured to output a detection signal corresponding to a voltage that is dependent on a distance between the detectable circuit and the coil (US’625, ¶[0041]; ¶[0054]; ¶[0057]:”the fixed element to contain the active tuned resonant circuit FIG. 1 to which the read-out electronics are connected, and for the moveable element to contain the reactive element 20”), .
wherein a distance between the detectable circuit and the coil in the first state is smaller than a distance between the detectable circuit and the coil in the second state (US’625, Fig. 6, ¶[0059]: the alignment of the passive resonant circuit (20) and the detector circuit (1) represents the closest spacing (smallest distance) within the movable range).
Regarding claim 2, US’625 discloses ‘The musical instrument according to claim 1, as discussed above.
US’625 further discloses ‘wherein the distance between the detectable circuit and the coil is smallest in the first state (US’625, Fig. 6, ¶[0059]: the alignment of the passive resonant circuit (20) and the detector circuit (1) including the coil, such that the passive resonant circuit is positioned at the closest location relative to the active resonant circuit. As the movable member moves away from the aligned position, the spacing between the passive resonant circuit and the coil increases).
Regarding claim 3, US’625 discloses ‘The musical instrument according to claim 1, as discussed above.
US’625 further discloses ‘further comprising: one or more memories storing instructions (US’625, Fig. 11);
and one or more processors that implement the instructions to perform: a calibrating task that calibrates, based on the voltage of the detection signal in the first state, correspondences between voltages of detection signals and positions of the movable member (US’625, Fig 11, ¶[0065]:”The procedure begins by measuring … the output voltage Vmax at point 6 … with maximum sensor displacement”);
and a generating task that generates position data indicating a position of the movable member based on the voltage of the detection signal in the second state, using the calibrated correspondences (US’625, Figs.12a and 12b, ¶[0065]:”… processor 33 applies 128 the previously determined calibration or scaling factor to the measured output Voltage to calculate an output value for use in applying the musical effect”).
Regarding claim 8, US’625 discloses ‘The musical instrument according to claim 1, as discussed above.
US’625 further discloses ‘wherein the movable member is one of a pedal or a member connected to the pedal (US’625, ¶¶[0003]-[0005] an expression pedal serving as the movable mechanical control; ¶[0015]; ¶[0024], Fig. 5. pedal is the movable mechanical control sensed by the inductive position sensor).
Claims 1-3 and 8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US20200320966 (Clark), hereinafter US’966.
US’966 discloses a sensing system for a keyboard such as a musical
instrument keyboard, comprising a plurality of key sensors. Each key sensor is provided
with a detectable circuit (passive resonance circuit, FIG. 2, the reactive element preferably
comprises a passive tuned resonant circuit which comprises
a coil 8 and a capacitive element 9) mounted at a movable member of a
key, and a detector circuit (active resonance circuit, Fig. 4, active tuned resonant circuit
10) mounted at a fixed member (reference position). A detector is provided to detect the level of a RF signal from a
driven key sensor. Variation in resonant RF signals is detected based on the relative
positions of the active resonance circuit (detector circuit,¶[0029], detector, i.e. read-out circuit;¶[0055], Fig. 5 read-out electronic circuit;) and the passive resonance
circuit (detectable circuit). Detecting variation in resonant signals enables a generating
task (detection of key position). A readout electronic circuit generates voltage
proportional to the amplitude of a signal at the readout point (¶[0069]:”The read-out electronics … generating a voltage proportional to the amplitude of the signal at the read-out point”). Calibration is performed on the basis of the primary position of the keyboard. (See ¶[0061]: Fig. 11, ¶¶[0089]-[0090]:“the position of a moveable key is between primary positions Kmax and Kzero, the calibrated position K of said key as a percentage of depression between Kmax and Kzero can thus be calculated from the measured position Ko of said key”, calibrating correspondences between detector output and key position by measuring output signals at predetermined key positions and calculating a calibration factor)
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 US’625, in view of US’966.
Regarding claim 4, US’625 discloses ‘The musical instrument according to claim 3, as discussed above.
US’625 does not expressly disclose ‘wherein the calibrating task calibrates the correspondences in a period from a time at which power of the musical instrument is turned on to a time at which a predetermined time elapses.
However, US’966 discloses ‘wherein the calibrating task calibrates the correspondences in a period from a time at which power of the musical instrument is turned on to a time at which a predetermined time elapses (US’966, Fig. 11 and Fig. 12.)
It would have been obvious to one of ordinary skill in art prior to the effective filing date of the claimed invention, to perform the calibration routine US’966, because performing initialization calibration at startup is a well-known technique for establishing baseline sensor values, compensating for sensor tolerances, environmental conditions, and electrical current before following position detection. Implementing the calibration sequence during a startup interval would have been a routine design choice yielding predictable benefit of improved sensing and repeatability. KSR Int’l Co. v. Teleflex Inc., 550 U.S. 398, 417 (2007).
Regarding claim 5, US’625 discloses ‘The musical instrument according to claim 3, as discussed above.
US’625 does not expressly disclose ‘further comprising: K movable members, including the movable member, where K is an integer of 2 or more, each displaceable within a movable range in response to the playing operation; K detectable circuits, including the detectable circuit, corresponding one-to-one with the K movable members, wherein the K detectable circuits are disposed on the K movable members corresponding one-to-one with the K detectable circuits; and K detector circuits, including the detector circuit, corresponding one-to-one with the K detectable circuits, wherein the calibrating task, while each of the K movable members is in the first state, calculates an average value of K voltages for K detection signals output from the K detector circuits, to calibrate the correspondences based on the calculated average value of the K voltages.
However US’966 discloses ‘further comprising: K movable members, including the movable member, where K is an integer of 2 or more, each displaceable within a movable range in response to the playing operation (US’966, Fig. 6; ¶¶[0020]; [0064], each key moves through its travel and is individually sensed);
K detectable circuits, including the detectable circuit, corresponding one-to-one with the K movable members, wherein the K detectable circuits are disposed on the K movable members corresponding one-to-one with the K detectable circuits (US’966, Fig. 6; ¶¶[0020], each key carries a corresponding passive resonant circuit);
and K detector circuits, including the detector circuit, corresponding one-to-one with the K detectable circuits, wherein the calibrating task, while each of the K movable members is in the first state (Fig. 11, startup calibration, initialization/calibration performed while the keys are at rest),
US’966 discloses collecting calibration values from multiple keys.
US’966 does not expressly disclose ‘calculates an average value of K voltages for K detection signals output from the K detector circuits, to calibrate the correspondences based on the calculated average value of the K voltages.
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 calibration process of US’966 by determining the calibration reference from an average of the measured detector outputs because US’966 already acquires calibration measurements from multiple keys during initialization. Selecting an average of those measurements as the reference value merely constitutes a routine optimization of the disclosed calibration of the algorithm to ensure measurements remain accurate, consistent, and reliable, while yielding the predictable position determination. See KSR Int’l Co. v. Teleflex Inc., 550 U.S. 398, 417 (2007).
Regarding claim 6, US’625 (in view of US’966) discloses ‘The musical instrument according to claim 5, as discussed above.
wherein the K movable members are K keys constituting a keyboard of the musical instrument.
wherein the K movable members are K keys constituting a keyboard of the musical instrument (US’966, ¶[0020]:”a set of sensors for a keyboard, in particular the keyboard of a keyboard instrument… The keyboard has a plurality of keys… Each sensor may comprise a passive resonant circuit for mounting on a moving part of a key..”; Figs. 4 and 6, ¶[0064]).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over US’625, in view of US’966, and in further view of US20150114202 (Suzuki), hereinafter US’202.
Regarding claim 7, US’625 (in view of US’966) discloses ‘The musical instrument according to claim 5, as discussed above.
US’625 (in view of US’966) does not expressly disclose ‘further comprising: K piano keys, and wherein the K movable members are K hammers corresponding one to one with the K piano keys.
However, US’202 discloses ‘further comprising: K piano keys, and wherein the K movable members are K hammers corresponding one to one with the K piano keys (US’202, ¶[0047]:”the keyboard device 1 is comprised of…. a plurality of keys 3… a plurality of hammers 4 pivotally mounted… in association with respective keys 3…”).
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 to the musical instrument of US’625 (in view of US’966) to utilize the piano hammer arrangement taught by US’202, in which each hammer corresponds to one-to-one with a respective piano key, because hammer movement corresponds to key depression. Applying inductive position sensing techniques to the hammer rather than the key represents predictable use of prior art elements. KSR, 550 U.S. at 417.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US20200386530 teaches an inductive position sensing system for a musical instrument that determines movable member position based on the distance between a conductive element and an inductor, including calibration of the sensed output.
US10937399 teaches an electromagnetic position detection apparatus for an electronic percussion instrument that detects pedal-operated member position using a coil-based sensor arrangement.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NICOLE K GILLESPIE whose telephone number is (571)482-4187. The examiner can normally be reached Monday-Friday 7:30-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Dedei K Hammond can be reached at (571)270-3819. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NICOLE K GILLESPIE/Examiner, Art Unit 2837
/DEDEI K HAMMOND/Supervisory Patent Examiner, Art Unit 2837
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