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 § 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, and 12-18, 20, and, 22 are rejected under 35 U.S.C. 103 as being unpatentable over Beaty (US 9,478,206) in view of Bauer et al. (US 2022/0308706).
Regarding claim 1,
Beaty 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 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).
They do not disclose:
configured to rotate about an axis to provide a first user input
and translate along the axis to provide a second user input
However, Bauer teaches (Fig. 1):
configured to rotate about an axis to provide a first user input (Fig. 1, B2, ¶0027)
and translate along the axis to provide a second user input (Fig. 2, B1,¶0027),
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 music pedal from Beaty that has a position sensor that can rotate and translate to provide musical effects (Col. 6:65-Col. 7:19) and utilize the method of operation from Bauer that applies two different effects on a haptic actuator based on rotation and translation as taught by Bauer (¶0027). This would allow more features in the pedal and make a more competitive product with more features for a lower cost.
Regarding claim 2,
Beaty 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 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 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 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 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 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 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 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 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 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 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 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 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 of a translation of an actuator (51) of the non-contact switch along an axis and a rotation 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. 7:19); 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).
They do not disclose:
a user input comprising at least one user input comprising: (1) a first user input comprising rotation
or (2) a second user input comprising translation
However, Bauer teaches (Fig. 1):
a user input comprising at least one user input comprising: (1) a first user input comprising rotation (B1, ¶0027)
or (2) a second user input comprising translation (B1, ¶0027)
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 music pedal from Beaty that has a position sensor that can rotate and translate to provide musical effects (Col. 6:65-Col. 7:19) and utilize the method of operation from Bauer that applies two different effects on a haptic actuator based on rotation and translation as taught by Bauer (¶0027). This would allow more features in the pedal and make a more competitive product with more features for a lower cost.
Regarding claim 16,
Beaty discloses (Fig. 5):
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 discloses (Fig. 5):
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 discloses (Fig. 5):
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 discloses (Fig. 5):
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 discloses (Fig. 5):
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(s) 11 is rejected under 35 U.S.C. 103 as being unpatentable over Beaty (US 9,478,206) Bauer et al. (US 2022/0308706) as applied to claim 1, and in further view of Prichard et al. (US 2015/0122112).
Regarding claim 11,
Beaty discloses the above elements from claim 1.
They 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 music pedal from Beaty that has a position sensor that can rotate and translate to provide musical effects (Col. 6:65-Col. 7:19) and utilize the method of operation from Bauer that applies two different effects on a haptic actuator based on rotation and translation as taught by Bauer (¶0027). This would allow more features in the pedal and make a more competitive product with more features for a lower cost.
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 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 2/5/26 have been fully considered but they are not persuasive.
Regarding applicant’s arguments pertaining to claims 1-22, applicant argues that Beaty does not disclose linear translation that has one effect and rotation translation that provides another effect, however, the Bauer reference in the 103 rejection teaches these elements in Fig. 1, and ¶0027.
As such, examiner is maintaining the rejections of claims 1-6, 9-10, and 12-18, 20, and, 22.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHARLES S LAUGHLIN whose telephone number is (571)270-7244. The examiner can normally be reached Monday - Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Eduardo Colon-Santana can be reached at (571) 272-2060. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/C.S.L./ Examiner, Art Unit 2846 /KAWING CHAN/Primary Examiner, Art Unit 2846
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