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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Response to Arguments
Applicant’s arguments, see page 5, lines 11-17, filed 12/15/2025, with respect to claims 1-4 and 6-7, have been fully considered and are persuasive. The double patenting rejections of claims 1-4 and 6-7 have been obviated by Applicant’s terminal disclaimer filed 12/15/2025.
Applicant's arguments, see page 5, line 18 – page 7, line 16, filed 12/15/2025, have been fully considered but are unpersuasive. Applicant argues that the limitation “calculates a percussion position in a first direction which is a direction of alignment of the first sensor and second sensor” is unobvious over the references because Takasaki ‘388 teaches three peripheral sensors 20, 30, and 40, whereas instant claim 1 recites two peripheral sensors. Applicant further asserts that “peripheral sensors 20, 30, and 40 are comparing to the first sensor and the second sensor of claim 1 of the present application” and has “no idea how the strike position [is] to be calculated when there are three sensors.” However, Examiner referred explicitly to “Takasaki '388 fig. 3, reference numbers 20 and 40” to teach the first and second sensors of instant claim 1 in the rejection of record dated 10/8/2025. Furthermore, Examiner referred to Takasaki ‘388 ¶231 to teach the limitation, “calculating a percussion position in a first direction which is a direction of alignment of the first sensor and the second sensor on the basis of a ratio or difference between an output value of the first sensor and an output value of the second sensor.” Takasaki ‘388 ¶231 explicitly describes that determining strike position may comprise a calculation according to "the time difference ΔT2 between peaks of the first peripheral sensor 20 and the third peripheral sensor 40” and that “[a] strike position may be calculated based on a difference of peak values between the first peripheral sensor 20 to the third peripheral sensor 40 or a ratio between peak values." Therefore, the references reasonably teach or suggest each of the limitations argued as unobvious by Applicant.
MPEP § 2144.04(II)(A) explains that omitting an element and its function is obvious if the function is not desired. In the rejection of record, the desired function is calculating a position on an axis between two peripheral sensors which were mapped by Examiner to Takasaki ref. nos. 20 and 40. (See comparison of Takasaki ‘388 fig. 3 and instant fig. 10(a) reproduced following the claim 1 rejection on the merits below.) The function of peripheral sensor 30 in Takasaki ‘388 is not desired. Therefore, omitting sensor 30 and its function is obvious.
Applicant's arguments, see page 7, line 17 – page 8, line 11, filed 12/15/2025, have been fully considered but are unpersuasive. In response to Applicant's argument that Takasaki ‘388 fails to disclose the last paragraph of claim 1 of the instant application because its abstract “merely generates striking sound based on strike positions respectively,” explicit disclosure of the exact limitation is not required in an obviousness rejection. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. Here, “a sound production instruction device configured to instruct production of a striking sound based on the first and second strike positions respectively calculated by the first and second position calculation devices" as disclosed Takasaki ‘388 abstract reasonably teaches or suggests generating a “musical sound having different sound quality corresponding to the percussion position in the first direction.” This is especially true in light of Takasaki '388 ¶¶0134-137, which elaborate that "the instruction for generating a musical sound according to a value in the velocity memory 73j and a value in the strike position memory 73i is issued to the sound source 76… The sound source 76 is a device configured to control tones of a musical sound (a striking sound) and various effects according to an instruction from the CPU 71. A digital signal processor (DSP) 76 a configured to perform computation processes such as filtering and effects on waveform data is built into the sound source 76." For these reasons, Applicant’s arguments are unpersuasive.
Applicant's arguments, see page 8, lines 12-19, filed 12/15/2025, have been fully considered but are unpersuasive. Regarding claim 6, see above for a response to arguments. Accordingly, claims 2-5 and 7-8 are not rendered unobvious by virtue of dependency from claims 1 or 6, respectively.
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 1-3, 5-6, and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Takasaki et al. (U.S. 2018/0061388 A1, March 1, 2018), hereinafter Takasaki '388, in view of Takasaki (U.S. 2015/0090101 A1, April 2, 2015), hereinafter Takasaki ‘101.
Regarding claim 1, Takasaki '388 discloses an electronic percussion instrument comprising: a percussion surface (Takasaki '388 abstract: "an electronic percussion instrument including a struck surface"); a first sensor and a second sensor (Takasaki '388 abstract: "a plurality of peripheral sensors"; Takasaki '388 fig. 3, reference numbers 20 and 40. Regarding ref. no. 30, omitting an element and its function is obvious if the function is not desired (MPEP § 2144.04(II)(A).) that detect a vibration of percussion on the percussion surface (Takasaki '388 ¶0019: "strike sensors configured to detect a strike on the struck surface"); a first calculation unit that calculates a percussion position in a first direction which is a direction of alignment of the first sensor and the second sensor on the basis of a ratio or difference between an output value of the first sensor and an output value of the second sensor (Takasaki '388 ¶0231: "A strike position may be calculated based on a difference of peak values between the first peripheral sensor 20 to the third peripheral sensor 40 or a ratio between peak values." To elaborate, Takasaki ‘388 teaches later in the same ¶0231 that determining strike position may comprise a calculation according to "the time difference ΔT2 between peaks of the first peripheral sensor 20 and the third peripheral sensor 40."); a third sensor that is disposed closer to a center of the percussion surface than to the first sensor and the second sensor (Takasaki '388 ¶0019: "a central sensor") and detects a vibration of the percussion on the percussion surface (Takasaki '388 ¶0019: "strike sensors configured to detect a strike on the struck surface"); a first determination unit determines the presence or absence of the percussion on the percussion surface on the basis of an output value of the third sensor (Takasaki '388 ¶0019: "the first position calculation device calculates a first strike position from the central sensor"); a second calculation unit that calculates a percussion position in a second direction orthogonal to the first direction on the basis of the third sensor (Takasaki '388 abstract: "[A] position calculation device configured to… after the central sensor detects a strike, calculate a first strike position from the central sensor based on the initial half wave." Any measurement of radial distance of unspecified polar angle from the central sensor, as drawn in Takasaki '388 fig. 3 and annotated below, must necessarily, at some point along its circumference, intersect orthogonally with an axis drawn between the two peripheral sensors 20 and 40 (the first direction). The circumferential illustrations in Takasaki '388 fig. 3 and accompanying descriptions reasonably suggest the limitation.); and a sound production unit that generates a musical sound having different sound quality corresponding to the percussion position in the first direction (Takasaki '388 abstract: "a sound production instruction device configured to instruct production of a striking sound based on the first and second strike positions respectively calculated by the first and second position calculation devices." To elaborate, Takasaki '388 ¶0134-137 states that "the instruction for generating a musical sound according to a value in the velocity memory 73j and a value in the strike position memory 73i is issued to the sound source 76… The sound source 76 is a device configured to control tones of a musical sound (a striking sound) and various effects according to an instruction from the CPU 71. A digital signal processor (DSP) 76 a configured to perform computation processes such as filtering and effects on waveform data is built into the sound source 76." Thus, it can be seen that the reference reasonably teaches or suggests that sound quality comprises instructions comprising strike position.).
Takasaki '388 does not explicitly disclose an added-up output value of a sensor within a predetermined time after the percussion surface is percussed.
However, Takasaki '101 teaches an added-up value of output values of a sensor within a predetermined time after the percussion surface is percussed (Takasaki '101 ¶0081: "an average of consecutive values of a predetermined number among the values stored in the ring buffer A." In normal and usual operation, calculating an average of output values of a sensor necessarily involves first calculating an added-up value of output values of the sensor before dividing by the number of output values. See MPEP 2112.02(I).).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the percussion surface and sensors of Takasaki '388 by adding the added-up value of output values of Takasaki ‘101 to improve strike detection (Takasaki ‘101, ¶0081).
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Regarding claim 2, Takasaki '388 (in view of Takasaki '101) teaches an electronic percussion instrument comprising the features of claim 1.
Takasaki ‘388 further teaches that a starting point of the predetermined time is set to a point in time before a point in time when the first determination unit determines the presence of the percussion on the percussion surface (Takasaki '388 ¶0187: "However, the present embodiment is different from the related art in that the first peripheral sensor 20 to the third peripheral sensor 40 detect a strike before the central sensor 10 detects a strike." Detection of a strike by a peripheral sensor before the central sensor has detected the strike will start the measurement of scan time from zero as disclosed in step S20 of Takasaki ‘388 fig. 8.).
Regarding claim 3, Takasaki '388 (in view of Takasaki '101) teaches an electronic percussion instrument comprising the features of claim 2.
Takasaki '388 further teaches a ring buffer in which the output values of the first sensor and the second sensor are stored for an amount of a predetermined storage time so as to be updated in a time-series manner (Takasaki '388 ¶0123: "The sensor value ring buffer 73b is a buffer in which values for the past 5 ms of A/D converted sensor output values of the central sensor 10 and the first peripheral sensor 20 to the third peripheral sensor 40 are stored.").
Takasaki '101 further teaches an added-up value calculation unit that calculates a sum of the output values of the first sensor and a sum of the output values of the second sensor (Takasaki '101 ¶0081: "whether the case 40 is struck may be determined by whether an average of consecutive values of a predetermined number among the values stored in the ring buffer A." In normal and usual operation, calculating an average of output values of a sensor necessarily involves first calculating a sum of the output values of the sensor before dividing by the number of output values. See MPEP 2112.02(I).) which are stored in the ring buffer each time the ring buffer is updated (Takasaki '101 ¶0125: "the periodic process… is performed every 100 microseconds… and sensor output values for the past 5 ms are stored'), wherein the predetermined storage time and the predetermined time are set to have the same length (Takasaki '101 ¶0081: "[A] predetermined number among the values stored in the ring buffer A is equal to… the predetermined value.").
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the ring buffer of Takasaki '388 by adding the summed sensor output values of Takasaki ‘101 to improve strike detection (Takasaki ‘101, ¶0081).
Regarding claim 5, Takasaki '388 (in view of Takasaki '101) teaches an electronic percussion instrument comprising the features of claim 1 as discussed above.
Takasaki '388 further teaches that the first sensor and the second sensor are edge sensors (Takasaki '388: "distance from the central sensor 10 to the peripheral sensors 20-40"; Takasaki '388 fig. 3 ref. nos. 20 and 40.).
Regarding claim 6, Takasaki '388 discloses a method of detecting a percussion position in an electronic percussion instrument including a percussion surface (Takasaki '388 abstract: "an electronic percussion instrument including a struck surface"), a first sensor and a second sensor (Takasaki '388 abstract: "a plurality of peripheral sensors"; Takasaki '388 fig. 3, reference numbers 20 and 40. Regarding ref. no. 30, omitting an element and its function is obvious if the function is not desired (MPEP § 2144.04(II)(A).) that detect a vibration of percussion on the percussion surface (Takasaki '388 ¶0019: "strike sensors configured to detect a strike on the struck surface") and a third sensor that is disposed closer to a center of the percussion surface than to the first sensor and the second sensor (Takasaki '388 ¶0019: "a central sensor") and detects a vibration of the percussion on the percussion surface (Takasaki '388 ¶0019: "strike sensors configured to detect a strike on the struck surface"), the method comprising: calculating a percussion position in a first direction which is a direction of alignment of the first sensor and the second sensor on the basis of a ratio or difference between an output value of the first sensor and an output value of the second sensor (Takasaki '388 ¶0231: "A strike position may be calculated based on a difference of peak values between the first peripheral sensor 20 to the third peripheral sensor 40 or a ratio between peak values." To elaborate, Takasaki ‘388 teaches later in the same ¶0231 that determining strike position may comprise a calculation according to "the time difference ΔT2 between peaks of the first peripheral sensor 20 and the third peripheral sensor 40."); determining the presence or absence of the percussion on the percussion surface on the basis of an output value of the third sensor (Takasaki '388 ¶0019: "the first position calculation device calculates a first strike position from the central sensor"); calculating a percussion position in a second direction orthogonal to the first direction on the basis of the third sensor (Takasaki '388 abstract: "[A] position calculation device configured to… after the central sensor detects a strike, calculate a first strike position from the central sensor based on the initial half wave." Any measurement of radial distance of unspecified polar angle from the central sensor, as drawn in Takasaki '388 fig. 3 and annotated above, must necessarily, at some point along its circumference, intersect orthogonally with an axis drawn between the two peripheral sensors 20 and 40 (the first direction). The circumferential illustrations in Takasaki '388 fig. 3 and accompanying descriptions reasonably suggest the limitation.); generating a musical sound having different sound quality corresponding to the percussion position in the first direction (Takasaki '388 abstract: "a sound production instruction device configured to instruct production of a striking sound based on the first and second strike positions respectively calculated by the first and second position calculation devices." To elaborate, Takasaki '388 ¶0134-137 states that "the instruction for generating a musical sound according to a value in the velocity memory 73j and a value in the strike position memory 73i is issued to the sound source 76… The sound source 76 is a device configured to control tones of a musical sound (a striking sound) and various effects according to an instruction from the CPU 71. A digital signal processor (DSP) 76 a configured to perform computation processes such as filtering and effects on waveform data is built into the sound source 76." Thus, it can be seen that the reference reasonably teaches or suggests that sound quality comprises instructions comprising strike position.).
Takasaki '388 does not explicitly disclose an added-up output value of a sensor within a predetermined time after the percussion surface is percussed.
However, Takasaki '101 teaches an added-up value of output values of a sensor within a predetermined time after the percussion surface is percussed (Takasaki '101 ¶0081: "an average of consecutive values of a predetermined number among the values stored in the ring buffer A." In normal and usual operation, calculating an average of output values of a sensor necessarily involves first calculating an added-up value of output values of the sensor before dividing by the number of output values. See MPEP 2112.02(I).).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the percussion surface and sensors of Takasaki '388 by adding the added-up value of output values of Takasaki ‘101 to improve strike detection (Takasaki ‘101, ¶0081).
Regarding claim 8, Takasaki '388 (in view of Takasaki '101) teaches method of detecting a percussion position comprising the features of claim 6 as discussed above.
Takasaki '388 further teaches that the first sensor and the second sensor are edge sensors (Takasaki '388: "distance from the central sensor 10 to the peripheral sensors 20-40"; Takasaki '388 fig. 3 ref. nos. 20 and 40.).
Claims 4 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Takasaki '388 in view of Takasaki ‘101, and further in view of Suzuki (Japanese Patent Application Publication No. 2005-037922), hereinafter Suzuki.
Regarding claim 4, Takasaki '388 (in view of Takasaki '101) teaches an electronic percussion instrument comprising the features of claim 1 as discussed above.
As discussed regarding claim 1 above, Takasaki '388 (in view of Takasaki '101) teaches a first calculation unit that calculates the percussion position in the first direction on the basis of a magnitude of a ratio or difference between the added-up value of the output values of the first sensor and the added-up value of the output values of the second sensor.
Takasaki '388 (in view of Takasaki '101) does not explicitly disclose calculating a coordinate of the percussion position.
However, Suzuki teaches calculating a coordinate of the percussion position (Suzuki ¶0010: "the coordinates of a detection position where a vibration is detected by the first detection means").
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the percussion surface and sensors of Takasaki '388 (in view of Takasaki ‘101) to specify strike position by calculation using the coordinates of the detecting means as taught by Suzuki, to enable the further calculation of positional information expressed in coordinate form (Suzuki ¶0010).
Regarding claim 7, Takasaki '388 (in view of Takasaki '101) teaches method of detecting a percussion position comprising the features of claim 6 as discussed above.
As discussed regarding claim 6 above, Takasaki '388 (in view of Takasaki '101) teaches a first calculation unit that calculates the percussion position in the first direction on the basis of a magnitude of a ratio or difference between the added-up value of the output values of the first sensor and the added-up value of the output values of the second sensor.
Takasaki '388 (in view of Takasaki '101) does not explicitly disclose calculating a coordinate of the percussion position.
However, Suzuki teaches calculating a coordinate of the percussion position (Suzuki ¶0010: "the coordinates of a detection position where a vibration is detected by the first detection means").
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the percussion surface and sensors of Takasaki '388 (in view of Takasaki ‘101) to specify strike position by calculation using the coordinates of the detecting means as taught by Suzuki, to enable the further calculation of positional information expressed in coordinate form (Suzuki ¶0010).
Conclusion
THIS ACTION IS MADE FINAL. 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.
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/PHILIP G SCOLES/
Examiner, Art Unit 2837
/DEDEI K HAMMOND/Supervisory Patent Examiner, Art Unit 2837