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 9, lines 6-11, filed 4/1/2026, with respect to claims 1 and 6 (and by reference, all of claims 1-12), have been fully considered but are not persuasive. As discussed in the rejections on the merits below, Takasaki ‘388 describes a cymbal embodiment in ¶0201 which reasonably teaches a “substantially disc-shaped frame,” as well as a cover in ¶0062. Besides, the portion of Yoshino cited below also teaches a cymbal embodiment with a cover.
Applicant’s arguments, see page 9, line 12 – page 11, line 22, filed 4/1/2026, with respect to claims 1 and 6 (and by reference, all of claims 1-12), 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. As discussed in the rejections on the merits below, Yoshino reasonably teaches the amended limitation, “the third sensor is disposed eccentric from the center of the percussion surface.”
Applicant's arguments, see page 9, line 12 – page 13, line 6, filed 4/1/2026, with respect to claims 9-12, have been fully considered but are not persuasive. As discussed in the rejections on the merits below, Takasaki ‘388 and Takasaki ‘101 fairly teach or suggest the newly amended limitations in claims 9-12.
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 8-12 are rejected under 35 U.S.C. 103 as being unpatentable over Takasaki et al. (US 20180061388 A1, March 1, 2018), hereinafter Takasaki '388, in view of Takasaki (US 20150090101 A1, April 2, 2015), hereinafter Takasaki ‘101, and further in view of Yoshino et al. (US 20020059861 A1, May 23, 2002), hereinafter Yoshino.
Regarding claim 1, Takasaki '388 teaches an electronic percussion instrument comprising: a substantially disc-shaped frame (Takasaki '388 ¶0201: "The electronic drum 1 has been described as an exemplary electronic percussion instrument in the above embodiment. However, the present invention is not necessarily limited thereto, and may be applied for the simulation of other percussion instruments such as a bass drum, a snare drum, a tom-tom drum, and a cymbal." A cymbal commonly comprises a substantially disc-shaped frame.); a cover, which covers an upper surface of the frame (Takasaki '388 ¶0062: "The head 3 covers the opening of the upper end of the shell 2."), with an upper surface as a percussion surface (Takasaki '388 ¶0065: "The head 3 comprises the film member 3 a that is formed as the struck surface"); a first sensor and a second sensor that detect a vibration of percussion on the percussion surface (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).); 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 added-up value of output values of the first sensor within a predetermined time after the percussion surface is percussed and an added-up value of output values of the second sensor within the predetermined time (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, and that the third sensor is disposed eccentric from the center of the percussion surface.
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. MPEP § 2112.02(I).).
Furthermore, Yoshino teaches that the third sensor is disposed eccentric from the center of the percussion surface (Yoshino abstract: "A piezoelectric sensor 5 and a cup portion sheet sensor 8 provided on a portion of a cup portion formed into a dome shape at the center of a cover to on a first frame 3 having a cover 2." Yoshino's sensor 8 teaches a center (third) sensor that is disposed eccentric from the center of the percussion surface. See Yoshino fig. 10 below.).
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) and the middle sensor disposed eccentric from the center of the percussion surface of Yoshino because in a cymbal embodiment, the center of the frame is supported by a cymbal stand (shaft) penetrating an opening portion at a center of the frame (Yoshino abstract).
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Regarding claim 2, Takasaki '388 (in view of Takasaki '101 and further in view of Yoshino) 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 and further in view of Yoshino) 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. 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 and further in view of Yoshino) 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
Regarding claim 6, Takasaki '388 discloses a method of detecting a percussion position in an electronic percussion instrument including a substantially disc-shaped frame (Takasaki '388 ¶0201: "The electronic drum 1 has been described as an exemplary electronic percussion instrument in the above embodiment. However, the present invention is not necessarily limited thereto, and may be applied for the simulation of other percussion instruments such as a bass drum, a snare drum, a tom-tom drum, and a cymbal." A cymbal commonly comprises a substantially disc-shaped frame.), a cover, which covers an upper surface of the frame (Takasaki '388 ¶0062: "The head 3 covers the opening of the upper end of the shell 2."), with an upper surface as a percussion surface (Takasaki '388 ¶0065: "The head 3 comprises the film member 3 a that is formed as the 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, and that the third sensor is disposed eccentric from the center of the percussion surface.
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. MPEP § 2112.02(I).).
Furthermore, Yoshino teaches that the third sensor is disposed eccentric from the center of the percussion surface (Yoshino abstract: "A piezoelectric sensor 5 and a cup portion sheet sensor 8 provided on a portion of a cup portion formed into a dome shape at the center of a cover to on a first frame 3 having a cover 2." Yoshino's sensor 8 teaches a center (third) sensor that is disposed eccentric from the center of the percussion surface. See Yoshino fig. 10 above.).
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) and the middle sensor disposed eccentric from the center of the percussion surface of Yoshino because in a cymbal embodiment, the center of the frame is supported by a cymbal stand (shaft) penetrating an opening portion at a center of the frame (Yoshino abstract).
Regarding claim 8, Takasaki '388 (in view of Takasaki '101 and further in view of Yoshino) 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.).
Regarding claim 9, Takasaki '388 (in view of Takasaki '101 and further in view of Yoshino) teaches an electronic percussion instrument comprising the features of claim 1 as discussed above.
Takasaki '388 further teaches that the second calculation unit calculates a provisional value of the percussion position in the second direction based on a length of an initial half wave detected by the third sensor after the first determination unit determines the presence of the percussion on the percussion surface (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.").
Regarding claim 10, Takasaki '388 (in view of Takasaki '101 and further in view of Yoshino) teaches an electronic percussion instrument comprising the features of claim 9 as discussed above.
Takasaki '388 (in view of Takasaki '101 and further in view of Yoshino) does not explicitly disclose that the second calculation unit calculates the percussion position in the second direction by subtracting a value based on the percussion position in the first direction from the provisional value.
Examiner takes official notice that utilizing the Pythagorean Theorem to calculate an unknown leg of a right triangle is commonly known in the art. The value that must be subtracted from the provisional value to find the length of the percussion position in the second direction may be represented by β thusly:
β=c-a
Where c is the “provisional value of the percussion position in the second direction,” which is the radial distance of two-dimensional percussion position projected along the front-to-rear axis, denoted by X (60, 40) in modified fig. 10(a) below; and a is the percussion position in the second direction orthogonal to the first direction.
Substituting the value of a from the rejection of claim 5:
β=c- √(c^2-b^2 )
Where b is the percussion position in the first direction.
Thereby, using only the Pythagorean Theorem, the percussion position in the second direction, a, may be calculated by subtracting a value based on the percussion position in the first direction, β, from the provisional value, c.
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 position calculation of Takasaki '388 (in view of Takasaki '101 and further in view of Yoshino) by using the Pythagorean Theorem to map a radial distance measurement derived from a central sensor onto a Cartesian coordinate system in which the percussion position relative to a first axis is determined using two peripheral position sensors, to calculate a two-dimensional Cartesian positional measurement utilizing the bare minimum of three sensors.
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Regarding claim 11, Takasaki '388 (in view of Takasaki '101 and further in view of Yoshino) teaches method of detecting a percussion position comprising the features of claim 6 as discussed above.
Takasaki '388 further teaches detecting a length of an initial half wave by the third sensor after the determining of the presence of the percussion on the percussion surface (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 half wave."); and calculating a provisional value of the percussion position in the second direction based on the length of the initial half wave detected by 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.").
Regarding claim 12, Takasaki '388 (in view of Takasaki '101 and further in view of Yoshino) teaches method of detecting a percussion position comprising the features of claim 11 as discussed above.
Takasaki '388 (in view of Takasaki '101 and further in view of Yoshino) does not explicitly disclose calculating the percussion position in the second direction by subtracting a value based on the percussion position in the first direction from the provisional value.
Examiner takes official notice that utilizing the Pythagorean Theorem to calculate an unknown leg of a right triangle is commonly known in the art. The value that must be subtracted from the provisional value to find the length of the percussion position in the second direction may be represented by β thusly:
β=c-a
Where c is the “provisional value of the percussion position in the second direction,” which is the radial distance of two-dimensional percussion position projected along the front-to-rear axis, denoted by X (60, 40) in modified fig. 10(a) above; and a is the percussion position in the second direction orthogonal to the first direction.
Substituting the value of a from the rejection of claim 5:
β=c- √(c^2-b^2 )
Where b is the percussion position in the first direction.
Thereby, using only the Pythagorean Theorem, the percussion position in the second direction, a, may be calculated by subtracting a value based on the percussion position in the first direction, β, from the provisional value, c.
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 position calculation of Takasaki '388 (in view of Takasaki '101 and further in view of Yoshino) by using the Pythagorean Theorem to map a radial distance measurement derived from a central sensor onto a Cartesian coordinate system in which the percussion position relative to a first axis is determined using two peripheral position sensors, to calculate a two-dimensional Cartesian positional measurement utilizing the bare minimum of three sensors.
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 Yoshino and Suzuki (JP 2005037922 A), hereinafter Suzuki.
Regarding claim 4, Takasaki '388 (in view of Takasaki '101 and further in view of Yoshino) 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 and further in view of Yoshino) 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 and further in view of Yoshino) 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 and further in view of Yoshino) 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 and further in view of Yoshino) 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 and further in view of Yoshino) 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 and further in view of Yoshino) 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 and further in view of Yoshino) 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
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/PHILIP G SCOLES/
Examiner, Art Unit 2837
/DEDEI K HAMMOND/Supervisory Patent Examiner, Art Unit 2837
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