DETAILED ACTION
Priority
1. Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
2. The information disclosure statements submitted are being considered by the examiner.
Claim Interpretation
3. The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
The following claim limitations are generic placeholders that are not preceded with sufficient structure:
“a comparing section”
“an effect selecting section”
“a playback controlling section”
“a composition switching section”
Since these limitations invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, claims 1 and 5-7 have been interpreted to cover the corresponding structure described in the specification that achieves the claimed function and equivalents thereof.
For the 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph limitations, a review of the specification shows a controller (see 6 from Figure 2) comprising a comparing section (see 67 from Figure 2), an effect selecting section (see 69 from Figure 2), a playback controlling section (see 71 from Figure 2) and a composition switching section (see 72 from Figure 2).
If applicant wishes to provide further explanation or dispute the examiner’s interpretation of the corresponding structure, applicant must identify the corresponding structure with reference to the specification by page and line number, and to the drawing, if any, by reference characters in response to this Office action.
If applicant does not intend to have the claim limitation(s) treated under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may amend the claim so that it will clearly not invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, or present a sufficient showing that the claim recites sufficient structure, material, or acts for performing the claimed function to preclude application of 35 U.S.C 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
For more information, see MPEP 2173 et seq. and Supplementary Examination Guidelines for Determining Compliance With 35 U.S.C 112 and for Treatment of Related Issues in Patent Applications, 76 FR 7162, 7167 (Feb. 9, 2011).
Claim Rejections - 35 USC § 102
4. 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)(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.
5. Claims 1, 5, 8 and 9 are rejected under 35 U.S.C. § 102(a)(2) as being anticipated by Yamanaka, JP 2006279733 A (hereinafter Yamanaka).
Regarding claim 1, Yamanaka discloses a sound control device configured to mix a first music piece and a second music piece (from page 1, see A DJ (hereinafter referred to as an operator) uses a system as shown in FIG. 1 and mixes and outputs two audio playback devices having a tempo change function and audio signals output from the two audio playback devices. By operating a mixer (hereinafter simply referred to as a mixer), music is continuously played back while switching the outputs of the left and right audio playback devices), comprising:
a comparing section configured to compare a BPM of the first music piece and a BPM of the second music piece (from page 6, see For example, it is assumed that a tempo of BPM = 120.0 is detected in channel A and a tempo of BPM = 120.5 is detected in channel B. Here, when the crossfader position is slightly on the left side of the center and the information analysis means 41 outputs a weighting coefficient of 0.4 for channel A and 0.6 for channel B, the output average tempo signal is 120. × 0.4 + 120.5 × 0.6 = 120.3
It becomes. According to this, even if the tempo cannot be completely adjusted, a tempo signal substantially corresponding to the tempo of the music is output); and
an effect selecting section configured to select a sound effect according to a result of the comparison (from page 7, see FIG. 9 shows a functional block diagram in the third embodiment. The effect means 60 is provided in the above-described embodiment, and the effect means 60 has a predetermined effect on the signals obtained by weighting and adding the audio signals of channel A and channel B according to each fader position by the weight addition means (11, 12). Process. As the effect type, a predetermined effect is set from delay, chorus, phaser, wah, filter, tremolo and the like.
Similar to the above-described embodiment, the tempo is detected from the audio signals of channel A and channel B, and the tempo signal selected by the selection means is output to the effect means 60. The effect means 60 controls effect parameters according to the input tempo signal. For example, if the set effect type is a delay, the delay time is set at a tempo corresponding to the tempo signal. By setting according to the tempo signal, effect processing according to the tempo of the tempo signal is performed).
Regarding claim 5, Yamanaka discloses a sound control device configured to mix a first music piece and a second music piece (from page 1, see A DJ (hereinafter referred to as an operator) uses a system as shown in FIG. 1 and mixes and outputs two audio playback devices having a tempo change function and audio signals output from the two audio playback devices. By operating a mixer (hereinafter simply referred to as a mixer), music is continuously played back while switching the outputs of the left and right audio playback devices), comprising:
a playback controlling section configured to fade out the first music piece when a switching operation to switch a music piece to be output from the first music piece to the second music piece is completed within a predetermined period of time since the switching operation is started (from page 4, see The mixer 1 has two stereo audio signals (the audio signal from the audio playback device 2a is channel A and the audio signal from the audio playback device 2b is channel B) according to the positions of a plurality of mixer operators (faders). Performs weighting, adds, and outputs to the outside. The mixer operator consists of channel faders 11 (11a, 11b), a cross fader 12, and a master fader 13. The audio signals input to each channel are weighted according to the position of each fader in the order shown in FIG. Output as a mixing signal. The coefficient weighted by each fader is set as a value from 0 (minimum) to 1 (maximum). The channel fader 11 and the master fader 13 are multiplied by a larger weight coefficient “1” as the fader position is higher, and the coefficient “0” is applied at the lowest position. Further, as shown in FIG. 6, the crossfader weighting coefficient is such that as the fader position is on the left, a larger weight “1” is applied to channel A, and a smaller weight “0” is applied to channel B. The higher the weight, the higher the weight “1” is applied to the channel B, and the smaller the weight “0” is applied to the channel A. In this embodiment, the weighting coefficient curve is linear as shown in FIG. 6, but is not limited to this, and may be a curve like an exponential function.
The mixing signal output from the mixer 1 is emitted by the sound emitting means 4 (amplifier 5 and speaker 6).
Further, the mixer 1 includes a synchronization signal generation device 20 that generates a tempo signal based on the tempo detected from the audio signal and outputs the tempo signal to the outside. The synchronization signal generator 20 will be described later. Reference numeral 7 denotes a video reproduction device, which reads out and outputs a moving image / still image stored therein in synchronization with a synchronization signal output from the mixer 1, and displays the video on a display device such as a projector or a monitor (not shown); and
an effect adding section configured to add, out of at least one sound effect, a synchronization effect that is synched with a BPM of the second music piece to the first music piece (from page 7, see FIG. 9 shows a functional block diagram in the third embodiment. The effect means 60 is provided in the above-described embodiment, and the effect means 60 has a predetermined effect on the signals obtained by weighting and adding the audio signals of channel A and channel B according to each fader position by the weight addition means (11, 12). Process. As the effect type, a predetermined effect is set from delay, chorus, phaser, wah, filter, tremolo and the like.
Similar to the above-described embodiment, the tempo is detected from the audio signals of channel A and channel B, and the tempo signal selected by the selection means is output to the effect means 60. The effect means 60 controls effect parameters according to the input tempo signal. For example, if the set effect type is a delay, the delay time is set at a tempo corresponding to the tempo signal. By setting according to the tempo signal, effect processing according to the tempo of the tempo signal is performed).
Regarding claim 8, Yamanaka discloses a non-transitory computer-readable medium storing a sound control program configured to cause a computer to function as the sound control device (from page 4, see The mixer 1 has two stereo audio signals (the audio signal from the audio playback device 2a is channel A and the audio signal from the audio playback device 2b is channel B) according to the positions of a plurality of mixer operators (faders). Performs weighting, adds, and outputs to the outside. The mixer operator consists of channel faders 11 (11a, 11b), a cross fader 12, and a master fader 13. The audio signals input to each channel are weighted according to the position of each fader in the order shown in FIG. Output as a mixing signal. The coefficient weighted by each fader is set as a value from 0 (minimum) to 1 (maximum). The channel fader 11 and the master fader 13 are multiplied by a larger weight coefficient “1” as the fader position is higher, and the coefficient “0” is applied at the lowest position. Further, as shown in FIG. 6, the crossfader weighting coefficient is such that as the fader position is on the left, a larger weight “1” is applied to channel A, and a smaller weight “0” is applied to channel B. The higher the weight, the higher the weight “1” is applied to the channel B, and the smaller the weight “0” is applied to the channel A. In this embodiment, the weighting coefficient curve is linear as shown in FIG. 6, but is not limited to this, and may be a curve like an exponential function.
The mixing signal output from the mixer 1 is emitted by the sound emitting means 4 (amplifier 5 and speaker 6).
Further, the mixer 1 includes a synchronization signal generation device 20 that generates a tempo signal based on the tempo detected from the audio signal and outputs the tempo signal to the outside. The synchronization signal generator 20 will be described later. Reference numeral 7 denotes a video reproduction device, which reads out and outputs a moving image / still image stored therein in synchronization with a synchronization signal output from the mixer 1, and displays the video on a display device such as a projector or a monitor (not shown) according to claim 1.
Regarding claim 9, Yamanaka discloses a non-transitory computer-readable medium storing a sound control program configured to cause a computer to function as the sound control device (from page 4, see The mixer 1 has two stereo audio signals (the audio signal from the audio playback device 2a is channel A and the audio signal from the audio playback device 2b is channel B) according to the positions of a plurality of mixer operators (faders). Performs weighting, adds, and outputs to the outside. The mixer operator consists of channel faders 11 (11a, 11b), a cross fader 12, and a master fader 13. The audio signals input to each channel are weighted according to the position of each fader in the order shown in FIG. Output as a mixing signal. The coefficient weighted by each fader is set as a value from 0 (minimum) to 1 (maximum). The channel fader 11 and the master fader 13 are multiplied by a larger weight coefficient “1” as the fader position is higher, and the coefficient “0” is applied at the lowest position. Further, as shown in FIG. 6, the crossfader weighting coefficient is such that as the fader position is on the left, a larger weight “1” is applied to channel A, and a smaller weight “0” is applied to channel B. The higher the weight, the higher the weight “1” is applied to the channel B, and the smaller the weight “0” is applied to the channel A. In this embodiment, the weighting coefficient curve is linear as shown in FIG. 6, but is not limited to this, and may be a curve like an exponential function.
The mixing signal output from the mixer 1 is emitted by the sound emitting means 4 (amplifier 5 and speaker 6).
Further, the mixer 1 includes a synchronization signal generation device 20 that generates a tempo signal based on the tempo detected from the audio signal and outputs the tempo signal to the outside. The synchronization signal generator 20 will be described later. Reference numeral 7 denotes a video reproduction device, which reads out and outputs a moving image / still image stored therein in synchronization with a synchronization signal output from the mixer 1, and displays the video on a display device such as a projector or a monitor (not shown) according to claim 5.
Allowable Subject Matter
6. Claims 7 and 10 are allowed while claims 2-4 and 6 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
7. Any inquiry concerning this communication or earlier communications from the examiner should be directed to OLISA ANWAH whose telephone number is 571-272-7533. The examiner can normally be reached Monday to Friday from 8.30 AM to 6 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Carolyn Edwards can be reached on 571-270-7136. The fax phone numbers for the organization where this application or proceeding is assigned are 571-273-8300 for regular communications and 571-273-8300 for After Final communications.
Any inquiry of a general nature or relating to the status of this application or proceeding should be directed to the receptionist whose telephone number is 571-272-2600.
/OLISA ANWAH/Primary Examiner, Art Unit 2692
Olisa Anwah
Patent Examiner
September 8, 2026
Prosecution Insights