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 .
Claims filed 5-11-2026
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.
Claim(s) 1, 3-4, 11-12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Morsy 2023/0335091
Regarding claim 1, Morsy 2023/0335091 discloses an audio device (para [0001] DJ equipment Figs 1-18, device 10, preferably a DJ device, para [111]) for playing a music piece, the music piece (para [0001] outputting playing data) comprising a first part (Fig 1, file A, para [111]) and a second part (Fig 1, file B, para [111]) that are acoustically separable from each other (Fig 2, shows them as being separate files input audio file A & input audio file B), the audio device comprising:
a first playing module (FIG 2, first decomposition unit 38, para [116]) configured to play the first part (FIG 1, first decomposed track; see also FIG 17, D1 – D4, para [175]);
a unit sound (FIG 17, AI System 144, para [175-176]) extracting module configured to extract a unit sound (S1 - drums) for a sound included in the second part (FIG 1, B; see also FIG 17); and
a second playing module (FIG 2, second decomposition unit 40, para [116]) configured to play the unit sound (S1), in at least one segment of the music piece (mixed output track, para [113]) and in parallel with playing of the first part (Figs 4-5, the mix control element 28 may be a crossfader that the user can use to crossfade between song A and B causing them to overlap and play in parallel), at a position that is different from a prearranged play position of at least one sound included in the second part (FIG 16 and para [0177 - 0179]),
wherein the second part comprises a drum (FIG 17, S1, para [177]) instrument sound.
Regarding claim 3, Morsy 2023/0335091 discloses the audio device according to claim 1, wherein, in a first segment of the music piece (para [117-118], Fig 4, 52-2 displays time of a song, so the beginning could be a first segment), the second playing module plays the second part in a first temporal pattern (para [146] discloses a first and second a cure control element 31-1 and/or 31-2 that associated to the first and second mixed input files (Song A and B) respectively, which can be operated by a user to store a current playback position, and to retrieve and jump to it at any point in time later as desired) and
in a second segment of the music piece (Fig 4, 52-2 displays time of a song, so the end of the song could be a second segment),
the second playing module plays the at least one sound included in the second part at the position that is different from the prearranged play position (para [146] discloses a first second a cure control element 31-1 and/or 31-2 that associated to the first and second mixed input files (Song A and B) respectively, which can be operated by a user to store a current playback position, and to retrieve and jump to it at any point in time later as desired) the prearranged play position being based on the first temporal pattern (para [146], a cure control element that can store the first temporal pattern for the purpose of being played later).
Regarding claim 4, Morsy 2023/0335091 discloses the audio device according to claim 3, wherein, in the second segment, a second playing module (FIG 2, second decomposition unit 40, para [116]) plays the at least one sound in a second temporal pattern ([28, 33, 38, 41- 42] allows a user to control the decompose track),
the second temporal pattern being different from the first temporal pattern (para [ 146] discloses first cue control element 31-1 and/or a second cue control element 31-2, associated to the first and second mixed input files (songs A and B), respectively, which can be operated by a user to store a current playing position and to retrieve and jump to it at any point in time later as desired. One could store a harmonic temporal pattern from another segment to play in the second segment, making sure it is not the stored harmonic as the first).
Regarding claim 5, Morsy 2023/0335091discloses the audio device according to claim 4, wherein, in a third segment (Fig 4, 52-2 displays time of a song, so the middle of the song could be a third segment) between the first segment and the second segment,
the second playing module causes a cross-fade between the at least one sound to be played in the first temporal pattern and the at least one sound to be played in the second temporal pattern (this seems to talk about changing the tempo or bpm of the song, para [65, 67-68, 160-161] discloses tempo and beat matching processing, and using the swap button 26-9 to adapt to a proper timing matching the beat of the song).
Regarding claim 11, Morsy 2023/033509 discloses: a method of playing a music piece, the music piece (Para [0001] – outputting playing data) comprising a first part (Fig 1, file A, para [111]) and a second part (Fig 1, file B, para [111]) that are acoustically separable from each other (Fig 2, shows them as being separate files input audio file A & input audio file B), the method comprising:
playing the first part (FIG 2, first decomposition unit 38, para [116], FIG 1, first decomposed track; see also FIG 17, D1 – D4, para [175]);
extracting a unit sound (S1 - drums) for a sound included in the second part (FIG 1, B; see also FIG 17); and
playing the unit sound (FIG 17, AI system 144 comprise a first recombination section 132a, para [175-176]),
in at least one segment of the music piece (mixed output track, para [113]) and in parallel with playing of the first part in parallel with playing of the first part (Figs 4-5, the mix control element 28 may be a crossfader that the user can use to crossfade between song A and B causing them to overlap and play in parallel), at a position that is different from a prearranged play position of at least one sound comprised in the second part (FIG 16 and para [0177 - 0179]), wherein the second part comprises a drum (FIG 17, S1, para [177]) instrument sound.
Regarding claim 12, Morsy 2023/033509 discloses a non-transitory tangible recording medium recording a program for causing a computer to operate as an audio device (para [30, 32, 111, 151, 163]),
the audio device for playing a music piece (para [0001] outputting playing data), the music piece comprising a first part (Fig 1, file A, para [111]) and a second part (Fig 1, file B, para [111]) that are acoustically separable from each other (Fig 2, shows them as being separate files input audio file A & input audio file B), the audio device
comprising:
a first playing module (FIG 2, first decomposition unit 38, para [116]) configured to play the first part;
a unit sound extracting module (FIG 17, AI System 144, para [175-176]), configured to extract a unit sound (S1 - drums) for a sound included in the second part (FIG 1, B; see also FIG 17, para [177-179]); and
a second playing module (FIG 2, second decomposition unit 40, para [116]) configured to play the unit sound (S1),
in at least one segment of the music piece (mixed output track, para [113]) and in parallel with playing of the first part in parallel with playing of the first part (Figs 4-5, the mix control element 28 may be a crossfader that the user can use to crossfade between song A and B causing them to overlap and play in parallel), at a position that is different from a prearranged play position of at least one sound included in the second part (FIG 16 and para [0177 - 0179]),
wherein the second part comprises a drum (FIG 17, S1, para [177]) instrument sound.
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 2, 6-9, 13 are rejected under 35 U.S.C. 103 as being obvious over Morsy 2023/0335091 in view of Morsy 2022/0199056
Regarding claim 2, Morsy 2023/0335091 does not explicitly disclose the claimed limitation as recited in claim 2.
Morsy 2022/0199056 teaches the audio device according to claim 1, further comprising a selecting module configured to select the at least one sound from sounds included in the second part comprises a drum (See Fig. 2 control section 46, user control section, control element 56 on the user control selection can select different parts of the songs, including vocals, drums and harmonic, para [63-64, 66-67]).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to implement further comprising a selecting module configured to select the at least one sound from sounds included in the second part comprises a drum as taught by Morsy 2022/0199056 in Morsy 2023/0335091’s invention, allows a user to choose different part of the songs including vocals, drums and harmonic.
Regarding claim 6, Morsy 2023/0335091 does not explicitly disclose the claimed limitation as recited in claim 6.
Morsy 2022/0199056 teaches the audio device according to claim 5, further comprising a progression rate setting module configured to set a progression rate (Fig 1, 36, para [60]) of the cross- fade according to an operation amount of an operator (See fig. 3 control element 70, para [73], controls the duration/speed/fade of the tempo, allowing the user to change the tempo and be able to fade into it with proper timing as explained in paragraph [0075]), wherein a length of the third segment is dynamically determined according to a time variation of the progression rate (This would be obvious; if one were to turn the tempo or bpm from 100 bpm to 120 bpm, the song would go faster and the length would become shorter, if the bpm would be slowed down from 100 bpm to 80 bpm, the song would be longer in length due to it becoming slower).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to implement further comprising a progression rate setting module configured to set a progression rate of the cross- fade according to an operation amount of an operator, and wherein a length of the third segment is dynamically determined according to a time variation of the progression rate as taught by Morsy 2022/0199056 in Morsy 2023/0335091 in’s invention, allowing the user to change the tempo and be able to fade into it with proper timing.
Regarding claim 7, Morsy 2023/0335091 does not explicitly disclose the claimed limitation as recited in claim 7.
Morsy 2022/0199056 teaches the audio device according to claim 5, wherein the at least one sound comprises a first sound and a second sound (Fig 2, control element 56, para [67] using the user control selection, the harmonics (first sound) and drums (second sound)), and
in the third segment (Fig 2, #52B displays time of a song, so that middle of the song could be a third segment), a cross-fade of the first sound is started at a first time point (change in duration using the button found in Fig 3, control element 70 can begin at time 0:00), and a cross-fade of the second sound is started at a second time point (change in duration using the button found in Fig 3, control element 70 can begin at time 1:00), the second time point being later than the first time point (1:00 is a later point than 0:00).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to implement wherein the at least one sound comprises a first sound and a second sound and in the third segment a cross-fade of the first sound is started at a first time point and a cross-fade of the second sound is started at a second time point, the second time point being later than the first time point as taught by Morsy 2022/0199056 in Morsy 2023/0335091’s invention, a control element provide to the user a selection of one or more audio track.
Regarding claim 8, Morsy 2023/0335091 does not explicitly disclose the claimed limitation as recited in claim 8.
Morsy 2022/0199056 teaches the audio device according to claim 5, wherein the at least one sound comprises a first sound and a second sound (Fig 2, control element 56, para [67] using the user control selection, the harmonics (first sound) and drums (second sound)), and
in the third segment (See Fig. 2 #52B displays time of a song, so the middle of the song could be a third segment), a cross-fade of the first sound ends at a third time point (Change in duration using the button found in Fig. 3 control element 70 can begin at time 2:00), and a cross-fade of the second sound ends at a fourth time point (Change in duration using the button found in Fig. 3 control element 70 can begin at time 3:00), the fourth time point being later than the third time point (2:00 is a later point than 3:00).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to implement wherein the at least one sound comprises a first sound and a second sound, and in the third segment, a cross-fade of the first sound ends at a third time point, and a cross-fade of the second sound ends at a fourth time point, the fourth time point being later than the third time point as taught by Morsy 2022/0199056 in Morsy 2023/0335091’s invention, a control element provide to the user a selection of one or more audio track.
Regarding claim 9, Morsy 2023/0335091 does not explicitly disclose the claimed limitation as recited in claim 9.
Morsy 2022/0199056 teaches the audio device according to claim 7, further comprising a selecting module configured to individually select the first sound and the second sound from sounds comprised in the second part (See Fig. 2 control element 56 para [66-67] using the user control selection, we can individually select the harmonics (first sound) and drums (second sound)). It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to implement further comprising a selecting module configured to individually select the first sound and the second sound from sounds comprised in the second part as taught by Morsy 2022/0199056 in Morsy 2023/0335091’s invention, allows a user to choose different part of the songs including vocals, drums and harmonic.
Regarding claim 13, Morsy 2023/033509 does not explicitly disclose the claimed limitation as recited in claim 13.
Morsy 2022/0199056 teaches the audio device according to claim 1, wherein the second playing module (Fig 1, first song input unit 16, para [65]) is configured to play (Fig 2, a play/stop control element 60, para [66]) the unit sound at the position (Song A being played at 2:37 with a combined 56 vocals, harmonics and drums and Song B being played at 0:56 with vocals only) that is different from the prearranged play position (the times are different from prearranged start positions as well as crossfader 62 is being used, para [71]) so as to change a style of the second part of the music piece (using the crossfader 62 changes the styles of the second part of the music piece, para [0071]).
Therefore, it would have been obvious to a person having ordinary skills in the art before the effective filing date of the application to have used the teachings wherein the second playing module the unit sound at the position that is different from the prearranged play position so as to change a style of the second part of the music piece as taught by Morsy 2022/0199056. Allows the user to select or change a style of music piece.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Morsy 2023/0335091 in view of Morsy 2022/0199056 further in view of Serlectic 8785760
Regarding claim 10, Morsy 2023/033509 does not explicitly disclose the claimed limitation as recited in claim 10.
Serlectic teaches at least one sound comprises at least one of a sound of a bass drum, a sound of a snare, or a sound of a hi-hat (See column 14 lines 63-67).
Therefore, it would have been obvious to a person having ordinary skills in the art before the effective filing date of the application to have used the teachings of at least one sound comprises at least one of a sound of a bass drum, a sound of a snare, or a sound of a hi-hat in as taught by Serlectic in Morsy's invention. The motivation for doing this would have been to have different types of percussion (See column 14 lines 63-67).
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Morsy 2023/0335091 in view of Morsy 2022/0199056 further in view of Serlectic 8785760 further in view of Zambrano 2016/0124629
Regarding claim 14, Morsy 2023/033509 does not explicitly disclose the claimed limitation as recited in claim 14.
Morsy 2022/0199056 teaches the audio device according to claim 1, the second playing module (Fig 1, first song input unit 16, para [65]) is configured to play the unit sound (Vocals, Drums and Harmonics) at the position (Song A being played at 2:37 with a combined 56 vocals, harmonics and drums and Song B being played at 0:56 with vocals only) that is different from the prearranged play position (the times are different from prearranged start positions as well as if the crossfader 62 is being used) so as to change a style of the second part of the music piece (using the crossfader 62 changes the style of the second part of the music piece; see Paragraph [0071]).
Morsy 2022/0199056 does not explicitly disclose wherein the unit sound includes unit sounds of a bass drum, a hi-hat, and a snare.
Serlectic teaches wherein the unit sound includes unit sounds of a bass drum, a hi-hat, and a snare (See column 14 lines 63-67).
Therefore, it would have been obvious to a person having ordinary skills in the art before the effective filing date of the application to have used the teachings of at least one sound comprises at least one of a sound of a bass drum, a sound of a snare, or a sound of a hi-hat in as taught by Serlectic in Morsy's invention. The motivation for doing this would have been to have different types of percussion (See column 14 lines 63-67).
Morsy 2022/0199056 in view of Serlectic fails to teach music piece to one of a house style, a trap style, and a breakbeats style.
Zambrano teaches music piece to one of a house style, a trap style, and a breakbeats style (para [37] teaches music styles such as house, trap, breakbeat, club, techno, etc).
Therefore, it would have been obvious to a person having ordinary skills in the art before the effective filing date of the application to have used the teachings of music piece to one of a house style, a trap style, and a breakbeats style in Morsy’s modified invention as taught by Zambrano’s invention. The motivation for doing this would have been so that the user has access to uninterrupted play of different styles of music that is also customizable. See Zambrano’s para [81].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JULIE X DANG whose telephone number is (571)272-0040. The examiner can normally be reached 9-5.
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/JULIE X DANG/ Examiner, Art Unit 2692
/CAROLYN R EDWARDS/Supervisory Patent Examiner, Art Unit 2692
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