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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 7/31/26 has been entered.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-10, 12-18, 20, and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Beaty (US 9,478,206) (Beaty I) in view of Beaty (US 7,923,623) (Beaty II).
Regarding claim 1,
Beaty I discloses (fig. 5):
An apparatus for modifying at least one musical signal (fig. 5, 10), the apparatus comprising: a housing (Fig. 5, 50, Col. 6:49-60); at least one input (125) for receiving at least one musical signal generated at least in part by at least one musical instrument (Col. 7:59-Col. 8:9); at least one processor (Fig. 3, 16) for modifying the at least one musical signal (Col. 5:17-28); and at least one non-contact switch (51) mounted to the housing such that a user can interact with the at least one non-contact switch to adjust the modification of the at least one musical signal (51, Col. 7:7-19), the at least one non-contact switch comprising: an actuator (51) configured to rotate about an axis (170)
and translate along the axis (170, Col. 6:65-Col. 7:19 )
and a sensor (Fig. 2, 12) configured to generate at least one measurement corresponding to a position of the actuator (based on magnet position to sensor, Col. 6:65-Col. 7:19)
wherein the at least one processor (16) is configured to modify the at least one musical signal based on the measurement corresponding to the position of the actuator (Col. 6:65-Col. 7:19).
Beaty I does not disclose:
to provide a first user input
to provide a second user input
wherein the axis intersects the sensor
However, Beaty II teaches (Fig. 2):
to provide a first user input (Col. 4:17-33, multiple axes can provide multiple inputs or effects)
to provide a second user input (Col. 4:17-33, multiple axes can provide multiple inputs or effects),
wherein the axis intersects the sensor (Fig. 2, col. 3:28-56),
Regarding claim 1, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to take the electric instrument control device from Beat I that uses a sensor to translate and rotate a pedal to make musical effects (Col. 2:22-37) and use the multi-axis sensor from Beaty II in order to provide multiple sound effects for different axes (Col. 3:28-56), this would enable the pedal to offer multiple effects using one sensor which would reduce costs.
Regarding claim 2,
Beaty I discloses (fig. 5):
wherein the sensor comprises a magnetic sensor (Col. 6:65-Col. 7:19), an optical sensor, or an AC induction sensor.
Regarding claim 3,
Beaty I discloses (fig. 5):
wherein the sensor comprises a magnetic field sensor (Fig. 2, 12, Col. 6:65-Col. 7:19) and the actuator comprises a magnet (14).
Regarding claim 4,
Beaty I discloses (fig. 5):
wherein the magnet is diametrically magnetized such that the rotation of the actuator about the axis changes a direction of the magnetic field associated with the magnet (Fig. 2, 12, Col. 6:65-Col. 7:19).
Regarding claim 5,
Beaty I discloses (fig. 5):
wherein the position comprises one or both of a translational position and an angular position (angular position, Fig. 2, 12, Col. 6:65-Col. 7:19).
Regarding claim 6,
Beaty I discloses (fig. 5):
wherein the at least one measurement comprises a measurement of the translational position and a measurement of the angular position (angular position, Fig. 2, 12, Col. 6:65-Col. 7:19).
Regarding claim 7,
Beaty I discloses (fig. 5):
wherein the at least one non-contact switch comprises multiple non-contact switches, each non-contact switch comprising a switch body (Fig. 5, 14) mounted to a housing of the apparatus (51) and a sensor (12) mounted to a PCB mounted beneath the switch bodies, such that multiple sensors are mounted to the same PCB (Col. 4:27-38).
Regarding claim 8,
Beaty I discloses (fig. 5):
wherein the at least one non-contact switch (51)
They do not disclose:
wherein the at least one non-contact switch comprises multiple non-contact switches,
Regarding claim 8, it would have been obvious to one of ordinary skill in the art to take the music alteration pedal from Beaty that can change a music output (Col. 6:65-Col. 7:19) and duplicate is to enable more effects in order to have more ways to modify various musical inputs and outputs as a mere duplication of parts if obvious over the prior art as per In re Harza, 274F.2d669, 124 USPQ 378 (CCPA 1960) that a mere duplication of parts to an obvious outcome has no patentable weight.
Regarding claim 9,
Beaty I discloses (fig. 5):
wherein the at least one processor is configured to modify the at least one musical signal based
on at least one of: a translational position of the actuator along the axis relative to at least one
translational threshold, a translational speed of the actuator along the axis, a translational acceleration of the actuator along the axis, an angular position of the actuator about the axis relative to at least one angular threshold (Col. 6:65-Col. 7:19), a change in angle of the actuator about the axis (Col. 6:65-Col. 7:19), a rate of rotation of the actuator about the axis, and an angular acceleration of the actuator about the axis.
Regarding claim 10,
Beaty I discloses (fig. 5):
wherein the translation of the actuator along the axis changes a distance between the actuator and the sensor (Col. 6:65-Col. 7:19).
Regarding claim 12,
Beaty I discloses (fig. 5):
wherein the at least one non-contact switch further comprises at least one detent mechanism (Fig. 2, 170) configured to provide tactile feedback to the user during one or both of the rotation of the actuator about the axis and the translation of the actuator along the axis (second axis, Col. 7:31-45).
Regarding claim 13,
Beaty I discloses (fig. 5):
wherein the at least one non-contact switch further comprises at least one limiter configured to restrict the rotation of the actuator to a predetermined range of angles (Col. 7:20-29).
Regarding claim 14,
Beaty I discloses (fig. 5):
wherein the at least one processor is configured to change a mode of operation of the apparatus, wherein in a first mode, the at least one processor is configured to set at least one parameter based on the at least one measurement, and in a second mode, the at least one processor is configured to modify the at least one musical signal based on the at least one parameter (Fig. 2, can apply 2 musical effects based on sensor, Col. 6:65-Col. 7:19).
Regarding claim 15,
Beaty I discloses (fig. 5):
A method for modifying at least one musical signal (fig. 5, 10), the method comprising: receiving, at an apparatus, at least one musical signal generated at least in part by at least one musical instrument (via 125, Col. 7:59-Col. 8:9); receiving, at a non-contact switch (51) of the apparatus, a user input comprising at least one
an actuator (51) of the non-contact switch along an axis
comprising translation of the actuator (170, Col. 6:65-Col. 7:19 ) about the axis (170) such that the actuator of the non-contact switch moves relative to a sensor (Fig. 2, 12) of the non-contact switch (51); generating, by the sensor (12), at least one measurement corresponding to a position of the actuator (Col. 6:65-Col. 7:1, 9),
and modifying, by at least one processor (Fig. 2, 16) of the apparatus, the at least one musical signal based on the at least one measurement corresponding to the position of the actuator (Col. 6:65-Col. 7:19).
Beaty I does not disclose:
user input comprising: (1) a first user input comprising rotation
or (2) a second user input
wherein the axis intersects the sensor
However, Beaty II teaches (Fig. 2):
user input comprising: (1) a first user input comprising rotation (Col. 4:17-33, multiple axes can provide multiple inputs or effects)
or (2) a second user input (Col. 4:17-33, multiple axes can provide multiple inputs or effects),
wherein the axis intersects the sensor (Fig. 2, col. 3:28-56),
Regarding claim 15, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to take the electric instrument control device from Beat I that uses a sensor to translate and rotate a pedal to make musical effects (Col. 2:22-37) and use the multi-axis sensor from Beaty II in order to provide multiple sound effects for different axes (Col. 3:28-56), this would enable the pedal to offer multiple effects using one sensor which would reduce costs.
Regarding claim 16,
Beaty I discloses (fig. 2):
wherein modifying the at least one musical signal (Fig. 2, 18a) comprises setting at least one parameter (22) based on the at least one measurement (from 12) and modifying the at least one musical signal based on the at least one parameter (Fig. 2, can apply 2 musical effects based on sensor, Col. 6:65-Col. 7:19).
Regarding claim 17,
Beaty I discloses (fig. 2):
wherein the at least one parameter is set in a first mode and the at least one musical signal is modified in a second mode. (Fig. 2, can apply 2 musical effects based on sensor, Col. 6:65-Col. 7:19)
Regarding claim 18,
Beaty I discloses (fig. 2):
wherein, during the second mode, a first user input to the non-contact switch does not change the at least one parameter of the apparatus (parameter is changed based on database, not on actuator, Col. 5:17-27).
Regarding claim 20,
Beaty I discloses (fig. 2):
wherein, during the second mode, a second user input to the non-contact switch changes the at least one parameter of the apparatus(angular position, Fig. 2, 12, Col. 6:65-Col. 7:19, fig. 5, on 172) .
Regarding claim 22,
Beaty I discloses (fig. 2):
wherein modifying the at least one musical signal comprises producing one or more special effects including one or more of: overdrive, fuzz, wah, delay, buffer, chorus, flanger, phaser, tremolo, looper, compressor, octave, equalization, noise gate, acoustic, tuner, boost, pitch change, amplitude change, distortion, modulation, reverberation, delay, and repetition (Col. 5:6-11).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Beaty (US 9,478,206) (Beaty I) and Beaty (US 7,923,623)(Beaty II) as applied to claim 1 above, and further in view of Prichard et al. (US 2015/0122112).
Regarding claim 11,
Beaty I and Beaty II disclose the above elements from claim 1.
Beaty I and Beaty II do not disclose:
wherein the at least one non-contact switch further comprises a light pipe surrounding at least a portion of the actuator
However, Prichard teaches:
wherein the at least one non-contact switch further comprises a light pipe surrounding at least a portion of the actuator (¶0035).
Regarding claim 11, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to take the electric instrument control device from Beat I that uses a sensor to translate and rotate a pedal to make musical effects (Col. 2:22-37) and use the multi-axis sensor from Beaty II in order to provide multiple sound effects for different axes (Col. 3:28-56), this would enable the pedal to offer multiple effects using one sensor which would reduce costs.
It would have been obvious to one of ordinary skill in the art to take the music alteration pedal from Beaty I that can change a music output (Col. 6:65-Col. 7:19) and attach a light pipe onto the pedal in order to provide a visual effect for pressing a button as taught by Prichard (¶0035). This would enable the user to see that they pressed the foot pedal which would increase useability.
Response to Arguments
Applicant's arguments filed 7/31/26 have been fully considered but they are not persuasive.
Regarding claims 1-10, 12-18, 20, and 22, Applicant argues that the Bauer reference does not teach wherein the “the axis intersects the sector”
However, as shown in the 103 rejection above, the Bauer II reference teaches where a multi axis position sensor is aligned with the axis of the pedal or instrument in Col. 3:28-56.
As such, examiner is maintaining the rejections of claims 1-18, 20, and 22.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Bauer (US 2022/0308706) – input device
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/C.S.L./Examiner, Art Unit 2837 /KAWING CHAN/Primary Examiner, Art Unit 2837
