DETAILED ACTION
This office action is in response to the applicant's amendment submitted on 08/14/2026. In virtue of this amendment:
Claims 1, 10 and 18 are currently amended; and thus,
Claims 1-20 are pending;
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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 08/04/2025 has been considered by the examiner.
Claim Objections
Claims 4, 8, 13 and 18 are objected to because of the following informalities:
Regarding claim 4, 8, 13 and 18, the claim uses the term “if” which is improper, as it implies there is uncertainty of whether the event will happen, which renders the claim indefinite. The term should be replaced with “when” which refers to the time of a future situation or condition that is certain to happen.
Appropriate correction is required.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1, 6, 9, 10, 15 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over US2018/0077777A1 hereinafter “Horist” in view of US2021/0076472A1 hereinafter “Kim”
Regarding claim 1, Horist discloses a lighting device (¶3L1: a lighting system) for a musical instrument (¶6L4-5: an instrument), comprising:
an LED (¶4L5-6: a light emitting diode (LED)) configured to attach to a musical instrument (¶6L4-5: the light unit may be attached to an instrument);
a microphone (¶6L6-8: the light unit and the controller may include a microphone);
a communication interface; (¶106L2-16: switches and buttons)
a storage medium (claim 1: lighting system comprises a memory);
a controller (¶3L2-3: the light system includes a controller) operatively coupled to the LED, the storage medium, the microphone and the communication interface (as shown in Fig. 11 for example), wherein the controller is configured to operative in at least one tone-responsive mode, wherein
the controller is selectable between a plurality of modes (¶106L12-14: various mode and setting may be entered by activating switches and buttons)
in the at least one tone-responsive mode (¶119L1-2: live mode or performance mode), the controller operates to receive an ambient audio signal from the microphone (¶119L1-8: the controller receives an analog input signal from one of the input source; ¶110L5-7: an analog signal received through the phone connector, such as produced by a microphone attached to or near an instrument), detect a tone of the musical instrument based on the ambient audio signal (¶119L8-10: the microcontroller performs a pitch detecting algorithm to determine the frequency of the sound input, then converts the frequency value to a midi number), and dynamically control a lighting characteristic output by the LED based on the detected tone (¶119L11-16: the microcontroller activates selected or all LED chips, setting them at the associated color value and intensity value for a given note in a performance)
Horist does not explicitly disclose:
a communication interface configured to communicate with a mobile device; and the controller operatively coupled to the communication interface, wherein the controller is configured to operative in the at least one performance mode
the storage medium to store set information defining a predefined group of sets and respective preprogrammed lighting patterns associated with each of the predefined group of sets; and wherein
in the at least one performance mode, the controller operates to wirelessly receive a set cuing signal from the communication interface, wherein the controller changes between the predefined group of sets responsive to the set cuing signal, and wherein the controller controls the LED during each of the predefined group of sets according to the respective preprogrammed lighting patterns for each of the predefined group of sets.
Kim discloses a lighting system wherein the lighting device comprises:
a communication interface configured to communicate with a mobile device (¶8L1-13: a lighting device includes: a first communication unit configured to receive library data from a mobile terminal); and the controller (¶8L1-13: a lighting device includes a processor) operatively coupled to the communication interface, wherein the controller is configured to operative in the at least one performance mode
the storage medium to store set information defining a predefined group of sets and respective preprogrammed lighting patterns associated with each of the predefined group of sets (¶8L1-13: a lighting device includes: a first communication unit configured to receive library data); and wherein
in the at least one performance mode, the controller operates to wirelessly receive a set cuing signal from the communication interface (¶85L1-4: the control message may be a message for starting a library constituting a scenario), wherein the controller changes between the predefined group of sets responsive to the set cuing signal, and wherein the controller controls the LED during each of the predefined group of sets according to the respective preprogrammed lighting patterns for each of the predefined group of sets. (¶31-38: the scenario may be composed of a plurality of libraries; each of the plurality of libraries may correspond to a partial playback interval of the scenario; for example, one scenario may correspond to a song; a playback time of one scenario may be equal to a playback time of a song)
It would have been obvious to one ordinarily skilled in the art prior to the effective filing date of the application to modify the lighting system disclosed by Horist to incorporate the operating mode of using the library and scenario as disclosed by Kim, and to modify the mode election button (¶123L2-3: edit mode button) disclosed by Horist to select between the two different mode.
One of ordinary skill in the art would’ve been motivated because it will allow the system to control a large number of lighting devices without any temporal difference. (Kim ¶5L1-9)
Regarding claim 6, Hoist in view of Kim hereinafter “Hoist/Kim” discloses in Hoist the lighting device of claim 1, wherein
the at least one tone-responsive mode includes a tone color mode, wherein when operating in the tone color mode, the controller is configured to detect a pitch from the ambient audio signal and control the LED to output a color mapped to the pitch based on a predefined tone color mapping. (¶119L1-8: the controller receives an analog input signal from one of the input source; ¶110L5-7: an analog signal received through the phone connector, such as produced by a microphone attached to or near an instrument; ¶119L8-10: the microcontroller performs a pitch detecting algorithm to determine the frequency of the sound input, then converts the frequency value to a midi number; ¶119L11-16: the microcontroller activates selected or all LED chips, setting them at the associated color value and intensity value for a given note in a performance)
Regarding claim 9, Hoist/Kim discloses in Hoist/Kim the lighting device of claim 1, wherein
the set cuing signal specifies a set number from the predefined group of sets. (¶189L1-2: control message “library 002 operation” the lighting device executes “002” among library identification information)
Regarding claim 10, the claim recites limitations similar in scope as claim 1, with exception of being in a method form, thus rejected under the same rationale as claim 1 above.
Regarding claim 15, the claim recites limitations similar in scope as claim 6, with exception of being in a method form, thus rejected under the same rationale as claim 6 above
Regarding claim 18, the claim recites limitations similar in scope to combination of claims 1 and 10, thus rejected under the same rationale as claims 1 and 10 above
Claims 2, 11 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over “Horist/Kim” in view of US2006/0185499A1 hereinafter “D’Addario”
Regarding claim 2, Horist/Kim discloses the lighting device of claim 1,
Horist/Kim does not explicitly disclose:
the at least one tone-responsive mode includes a tuning mode, wherein when operating in the tuning mode, the controller is configured to compare a detected pitch from the ambient audio signal against a reference pitch, and to control the LED to output a color indicative of whether the detected pitch is sharp, flat, or in tune relative to the reference pitch
D’Addario discloses a electric tuner wherein
the at least one tone-responsive mode includes a tuning mode, wherein when operating in the tuning mode (¶46L1-2: electronic tuner for tuning a musical instrument), the controller is configured to compare a detected pitch from the ambient audio signal against a reference pitch (¶48L17-21: the microcontroller determine by means of the frequency comparator which of the fundamental frequencies corresponding to the musical notes stored in the storage memory the electrical signal most closely equal), and to control the LED to output a color indicative of whether the detected pitch is sharp, flat, or in tune relative to the reference pitch (¶58L1-10: the LED corresponding to the note played lights up in one color; a different color red will appear if counter-clockwise of the green LED if the note played in flat and clockwise of the green LED if the note played is sharp. When only the green LED is lit, the instrument is in tune with respect to that note played)
It would have been obvious to one ordinarily skilled in the art prior to the effective filing date of the application to modify the lighting system disclosed by Horist/Kim to incorporate the tuning mode features disclosed by D’Addario
One of ordinary skill in the art would’ve been motivated because this will allow the system to enable a user to readily and quickly determine whether a musical instrument is in tune and quickly determine the effect of manual tuning adjustment.
Regarding claim 11, the claim recites limitations similar in scope as claim 2, with exception of being in a method form, thus rejected under the same rationale as claim 2 above.
Regarding claim 19, the claim recites limitations similar in scope as claim 2, with exception of being in a method form, thus rejected under the same rationale as claim 2 above.
Claims 3 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over “Horist/Kim in view of D’Addario hereinafter “Horist/Kim/D’Addario” in view of US2024/0363118A1 hereinafter “Kasle”
Regarding claim 3, Horist/Kim/D’Addario discloses the lighting device of claim 2,
Horist/Kim/D’Addario does not expclitly disclose:
the controller is configured to receive, via the communication interface, user-defined color settings associating specific colors with sharp, flat, and in-tune pitch states, and wherein the controller controls the LED according to the user-defined color settings.
Kasle disclose an musical instrument with integrated LED lighting wherein
the controller is configured to receive, via the communication interface, user-defined color settings and wherein the controller controls the LED according to the user-defined color settings. (¶79L1-17: LED lighting system is communicatively coupled to a controller and driver control system with a microphone that detects sound level; On-screen GUI is displayed and can received input from user to define new lighting configuration for controller to produce lighting animation using LED lighting system)
It would have been obvious to one ordinarily skilled in the art prior to the effective filing date of the application to modify the lighting system disclosed by Horist/Kim/D’Addario to incorporate user configuration system discloses by Kasle in order to modify the associated specific colors with sharp, flat, and in-tune pitch states disclosed by D’Addario.
One of ordinary skill in the art would’ve been motivated because this will allow the system to enable to user to modify the lighting configuration providing more flexibility and provide more personalized system.
Regarding claim 12, the claim recites limitations similar in scope as claim 3, with exception of being in a method form, thus rejected under the same rationale as claim 3 above.
Claims 4 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over “Horist/Kim” in view of “D’Addario” in view of US2020/0037418A1 hereinafter “Kasle’418”
Regarding claim 4, Horist/Kim discloses the lighting device of claim 1,
Hoist/Kim does not explicitly disclose:
the at least one tone-responsive mode includes a tuning mode, and wherein when operating in the tuning mode, the controller is operable to perform steps including:
sampling audio via the microphone to obtain sampled audio;
determining a frequency and amplitude of the sampled audio;
comparing the amplitude to a minimum threshold; and
if the amplitude exceeds the minimum threshold, detecting a closest musical note to the frequency, determining a deviation between the frequency and the musical note,
mapping the deviation to an LED color based on a predefined mapping, and
setting the LED to output the LED color.
D’Addario discloses an electric tuner wherein
the at least one tone-responsive mode includes a tuning mode (¶46L1-2: electronic tuner for tuning a musical instrument), and wherein when operating in the tuning mode, the controller is operable to perform steps including:
sampling audio via the microphone to obtain sampled audio;
determining a frequency (¶48L17-21: the microcontroller determines by means of the frequency comparator which of the fundamental frequencies corresponding to the musical notes stored in the storage memory the electrical signal most closely equal) of the sampled audio;
determining a deviation between the frequency and the musical note, mapping the deviation to an LED color based on a predefined mapping, and setting the LED to output the LED color. (¶58L1-10: the LED corresponding to the note played lights up in one color; a different color red will appear if counter-clockwise of the green LED if the note played in flat and clockwise of the green LED if the note played is sharp. When only the green LED is lit, the instrument is in tune with respect to that note played)
It would have been obvious to one ordinarily skilled in the art prior to the effective filing date of the application to modify the lighting system disclosed by Hoist/Kim to incorporate the tuning mode features disclosed by D’Addario
One of ordinary skill in the art would’ve been motivated because this will allow the system to enable a user to readily and quickly determine whether a musical instrument is in tune and quickly determine the effect of manual tuning adjustment.
Hoist/Kim/D’Addario does not explicitly disclose:
determining amplitude of the sampled audio;
comparing the amplitude to a minimum threshold; and perform action if the amplitude exceeds the minimum threshold
Kasle’418 disclose a lighting system for an instrument wherein
determining amplitude of the sampled audio;
comparing the amplitude to a minimum threshold; and perform action if the amplitude exceeds the minimum threshold (¶55L1-30: sound level produced by the instrument is measured; it is determined that the measured sound level has exceeded a predetermine threshold; responsive to the measure sound level exceeding the predetermined threshold the LED animation is updated or adjusted using microcontroller)
It would have been obvious to one ordinarily skilled in the art prior to the effective filing date of the application to modify the lighting system disclosed by Hoist/Kim/D’Addario to incorporate the sound level measurement disclosed by Kasle’418.
One of ordinary skill in the art would’ve been motivated because this will allow the system to further ignore nose/sound that is below the threshold and thus preventing false positives and interference from other ambient sound.
Regarding claim 13, the claim recites limitations similar in scope as claim 4, with exception of being in a method form, thus rejected under the same rationale as claim 4 above
Claims 5 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over “Horist/Kim” in view of US2013/0042746A1 hereinafter “Shau”
Regarding claim 5, Hoist/Kim discloses the lighting device of claim 1,
Hoist/Kim does not explicitly disclose:
the at least one tone-responsive mode includes a game mode, wherein when operating in the game mode, the controller is configured to compare detected musical tones from the ambient audio signal to a predefined musical score and to control the LED to output lighting patterns indicative of accuracy of the detected musical tones relative to the predefined musical score.
Shau discloses a lighting system with a instrument wherein
the controller is configured to compare detected musical tones from the ambient audio signal to a predefined musical score and to control the LED to output lighting patterns indicative of accuracy of the detected musical tones relative to the predefined musical score. (¶8L1-17: the game compares the pitch of the instrument game input device to expect pitch of the music then informs the player of the results; the video game shows rectangle of different colors that represents the pitch of the reference music)
It would have been obvious to one ordinarily skilled in the art prior to the effective filing date of the application to modify the lighting system disclosed by Hoist/Kim to incorporate the game mode disclosed by Shau.
One of ordinary skill in the art would’ve been motivated because this will allow the system to allow the user to easily identify if the music note played is the correct note or not.
Regarding claim 14, the claim recites limitations similar in scope as claim 5, with exception of being in a method form, thus rejected under the same rationale as claim 5 above
Claims 7 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over “Horist/Kim” in view of “Kasle”
Regarding claim 7, Horist/Kim discloses the lighting device of claim 6,
Horist/Kim does not explicitly disclose:
the controller is configurable to receive, via the communication interface, the predefined tone color mapping from a user interface of a mobile device that obtains user-defined color mappings.
Kasle disclose an musical instrument with integrated LED lighting wherein
the controller is configured to receive, via the communication interface, user-defined color settings and wherein the controller controls the LED according to the user-defined color settings. (¶79L1-17: LED lighting system is communicatively coupled to a controller and driver control system with a microphone that detects sound level; On-screen GUI is displayed and can received input from user to define new lighting configuration for controller to produce lighting animation using LED lighting system)
It would have been obvious to one ordinarily skilled in the art prior to the effective filing date of the application to modify the lighting system disclosed by Horist/Kim to incorporate user configuration system disclose by Kasle in order to modify color mapping.
One of ordinary skill in the art would’ve been motivated because this will allow the system to enable to user to modify the lighting configuration providing more flexibility and provide more personalized system.
Regarding claim 16, the claim recites limitations similar in scope as claim 7, with exception of being in a method form, thus rejected under the same rationale as claim 7 above.
Regarding claim 20, Horist/Kim discloses the system of claim 18 (as rejected above)
Horist/Kim does not explicitly disclose:
a non-transitory computer-readable storage medium storing instructions executable by a one or more processors for implementation of a management application, the instructions when executed by the one or more processors performing steps including:
presenting, via the management application, a user interface for enabling user creation of the predefined group of sets;
obtaining, via the user interface, a set of inputs defining each of the predefined group of sets, wherein the sets are characterized by respective set identifiers, a field formation including respective positions for each of a set of performer identifiers, respective lighting patterns associated with each of the set of performer identifiers, and a portion of a musical score associated with the set identifier;
generating, by the management application, respective downloadable files for each of the set of performer identifiers, the respective downloadable files identifying the respective lighting patterns associated with corresponding set identifiers; and
transmitting the respective downloadable files to respective mobile devices associated with the respective performer identifiers.
Kasle disclose an musical instrument with integrated LED lighting wherein
an user interface is used to configure the lighting system. (¶79L1-17: LED lighting system is communicatively coupled to a controller and driver control system with a microphone that detects sound level; On-screen GUI is displayed and can received input from user to define new lighting configuration for controller to produce lighting animation using LED lighting system)
It would have been obvious to one ordinarily skilled in the art prior to the effective filing date of the application to modify the lighting system disclosed by Horist/Kim to incorporate user configuration system disclose by Kasle in order to modify color mapping.
One of ordinary skill in the art would’ve been motivated because this will allow the system to enable to user to modify the lighting configuration providing more flexibility and provide more personalized system.
Claims 8 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over “Horist/Kim” in view of “Kasle’418”
Regarding claim 8, Horist/Kim discloses tin Horist the lighting device of claim 1,
the at least one tone-responsive mode includes a tone color mode, wherein when operating in the tone color mode, the controller is operable to perform steps including:
sampling audio via the microphone to obtain sampled audio (¶119L1-8: the controller receives an analog input signal from one of the input source; ¶110L5-7: an analog signal received through the phone connector, such as produced by a microphone attached to or near an instrument);
determining a frequency of the sampled audio (¶119L8-10: the microcontroller performs a pitch detecting algorithm to determine the frequency of the sound input, then converts the frequency value to a midi number);
determining a closest musical note to the frequency, mapping the closest musical note to a mapped color based on a predefined mapping, and setting the LED to output the mapped color. (¶119L11-16: the microcontroller activates selected or all LED chips, setting them at the associated color value and intensity value for a given note in a performance)
Horist/Kim does not explicitly disclose:
determining amplitude of the sampled audio;
comparing the amplitude to a minimum threshold; and perform action if the amplitude exceeds the minimum threshold
Kasle’418 disclose a lighting system for an instrument wherein
determining amplitude of the sampled audio;
comparing the amplitude to a minimum threshold; and perform action if the amplitude exceeds the minimum threshold (¶55L1-30: sound level produced by the instrument is measured; it is determined that the measured sound level has exceeded a predetermine threshold; responsive to the measure sound level exceeding the predetermined threshold the LED animation is updated or adjusted using microcontroller)
It would have been obvious to one ordinarily skilled in the art prior to the effective filing date of the application to modify the lighting system disclosed by Horist/Kim to incorporate the sound level measurement disclosed by Kasle’418.
One of ordinary skill in the art would’ve been motivated because this will allow the system to further ignore nose/sound that is below the threshold and thus preventing false positives and interference from other ambient sound.
Regarding claim 17, the claim recites limitations similar in scope as claim 8, with exception of being in a method form, thus rejected under the same rationale as claim 8 above.
Response to Arguments
Applicant’s arguments with respect to claim 1 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 RAYMOND R CHAI whose telephone number is (571)270-0576. The examiner can normally be reached M-F 9:30AM-5:00PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alexander Taningco can be reached at 571-242-8048. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Raymond R Chai/ Primary Examiner, Art Unit 2845
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