• PATENT NUMBER
`
`C.)
`
`U.S. UTILITY Patent Application
`PATENT DATE
`0.I.P.E.
`
`rfr (cid:9)
`
`SCANNED (cid:9)
`
`Q.A.
`
`6-)
`
`ISSUE CLASSIFICATION
`
`E-4
`
`I
`
`APPLICATION NO.
`
`CONT/PR1OR CLASS
`
`09/621061
`
`D
`
`084
`
`Derreii Mcnfee
`< nrajeA Kestner
`
`SUBCLASS
`
`ART UNIT
`
`4-7,9 R, 2837
`
`a
`a <
`Electric drum stroke counting machine
`
`EXAMINER
`
`T)0 V\ kLA.S
`
`PTO-2040
`12/99
`
`ISSUING CLASSIFICATION
`
`ORIGINAL
`
`CROSS REFERENCE(S)
`
`CLASS
`
`SUBCLASS
`
`CLASS
`
`SUBCLASS (ONE SUBCLASS PER BLOCK)
`
`INTERNATIONAL CLASSIFICATION
`
`0 Continued on Issue Slip Inside File Jacket
`
`TERMINAL
`DISCLAIMER
`
`DRAWINGS
`
`CLAIMS ALLOWED
`
`Sheets Drwg.
`
`Figs. Drwg.
`
`Print Fig.
`
`Total Claims
`
`Print Claim for O.G.
`
`
`IN The term of this patent
`' (cid:9) subsequent to (cid:9)
`has been disclaimed.
`
`(date)
`
`II (cid:9) The term of this patent shall
`not extend beyond the expiration date
`of U.S Patent. No.
`
`(Assistant Examiner) (cid:9)
`
`(Date)
`
`NOTICE OF ALLOWANCE MAILED
`
`ISSUE FEE
`
`Amount Due
`
`Date Paid
`
`ISSUE BATCH NUMBER
`
`0 The terminal (cid:9)
`months of
`this patent have been disclaimed.
`
`WARNING:
`
`(Primary Examiner) (cid:9)
`
`(Date)
`
`(Legal Instruments Examiner) (cid:9)
`
`(Date)
`
`The information disclosed herein may be restricted. Unauthorized disclasure may be prohibited by the United States Code Title 35, Sections 122, 181 and 368.
`Possession outside the U.S. Patent & Trademark Office is restricted to authorized employees and contractors only.
`
`Form PTO-436A
`(Rev. 6/99)
`
`FILED WITH: 0 DISK (CRF) El FICHE (cid:9)
`CD-ROM
`(Attached in pocket on right inside flap)
`
`(FACE)
`
`Yamaha Exhibit 1003 Page 1
`
`(cid:9)
`(cid:9)
`(cid:9)
`(cid:9)
`

`
`PATENT APPLICATION
`II
`
`1111111111111111 (cid:9)1( (cid:9)
`1111111 1 1 016
`1 1111
`
`11396/6u21s661PTO
`1111111,1,1181111111)11131111111111111
`
`CONTENTS
`Date Received
`(Incl. C. of M.)
`or
`Date Mailed
`
`Date Received
`(Incl. C. of M.)
`or
`Date Mailed
`
`42.
`
`43.
`
`44.
`
`45.
`
`46.
`
`47.
`
`48.
`
`49.
`
`50.
`
`51.
`
`52.
`
`53.
`
`54.
`
`55.
`
`56.
`
`57.
`
`58.
`
`59.
`
`60.
`
`61.
`
`62.
`
`63.
`
`64.
`
`65.
`
`66.
`
`67.
`
`68.
`
`69.
`
`70.
`
`71.
`
`72.
`
`73.
`
`74.
`
`75.
`
`76.
`
`77.
`
`78.
`
`79.
`
`80.
`
`81.
`
`82. (cid:9)
`
`(LEFT OUTSIDE)
`
`
`
`1. Application 7
`
`3. (cid:9)
`
`c-
`
`4. (cid:9)
`r
`5. 4 /7' »O3
`6 (cid:9)
`71,7. (cid:9)
`
`L.5/1206 •
`
`8
`
`(cid:9) papers.
`/1/-
`
`
`
`lL-
`
`111f7ed
`
`Obi. 10.. iZaITZwiveiti-
`1 (cid:9)
`L,
`
`12.
`
`13.
`
`14.
`
`15.
`
`16.
`
`17.
`
`18.
`
`19.
`
`20.
`
`21.
`
`22.
`
`23.
`
`24.
`
`25.
`
`26.
`
`27.
`
`28.
`
`29.
`
`30.
`
`31.
`
`32.
`
`33.
`
`34.
`
`35.
`
`36.
`
`37.
`
`38.
`
`39.
`
`40. (cid:9)
`
`41. (cid:9)
`
`
`
`
`
`Yamaha Exhibit 1003 Page 2
`
`(cid:9)
`(cid:9)
`

`
`ISSUE SLIP STAPLE AREA (for additional cross references)
`
`POSITION (cid:9)
`
`S
`
`INITIALS
`
`ID NO.
`
`DATE
`
`FEE DETERMINATION
`0.I.P.E. CLASSIFIER
`FORMALITY REVIEW
`RESPONSE FORMALITY REVIEW
`
`F
`1z- -3
`
` g-- l(-00
`jð
`
`
`
`
`
`_ (Through numeral) (cid:9)
`
`INDEX OF CLAIMS
` Rejected
` Allowed
` Canceled
` Restricted
`
`A
`0 (cid:9)
`
` Non-elected
` Interference
`Appeal
` Objected
`
`Date
`
`Claim (cid:9)
`
`4,
`
`Ce
`
`61 01
`
`2
`3
`
`5
`6
`7
`
`£3
`
`20
`21
`22
`23
`24
`25
`26
`27
`28
`29
`30
`31
`32
`33
`34
`35
`36
`37
`38
`39
`40
`41
`42
`43
`44
`45
`46
`47
`48
`49
`50
`
`Date
`
`.G.
`LL-
`
`Claim
`To c
`T.:.
`0
`51
`52
`53
`54
`55
`56
`57
`58
`59
`60
`61
`62
`63
`64
`65
`66
`67
`68
`69
`70
`71
`72
`73
`74
`75
`76
`77
`78
`79
`80
`81
`82
`83
`84
`85
`86
`87
`88
`89
`" 90
`91
`92
`93
`94
`95
`96
`97
`98
`99
`100
`
`Date
`
`Tz
`.G
`LI-
`
`Claim
`To a
`'ca
`•s=
`0
`101
`102
`103
`104
`105
`106
`107
`108
`109
`110
`111
`112
`113
`114
`115
`116
`117
`118
`119
`120
`121
`122
`123
`124
`125
`126
`127
`128
`129
`130
`131
`132
`132
`13,
`136
`136
`137
`138
`139
`140
`141
`142
`143
`144
`145
`146
`147
`148
`149
`150
`
`If more than 150 claims or 10 actions
`staple additional sheet here
`
`(LEFT INSIDE)
`
`Yamaha Exhibit 1003 Page 3
`
`(cid:9)
`(cid:9)
`(cid:9)
`(cid:9)
`(cid:9)
`(cid:9)
`

`
`1
`
`SEARCHED
`
`SEARCH NOTES
`(INCLUDING SEARCH STRATEGY)
`
`Class
`inr
`
`Sub.
`477a/?,
`
`Date
`
`Exmr.
`
`(fiSjoi
`
`67/1-/i---
`
`Date
`
`Exmr.
`
`4)0S
`
`6i/57‘)/ 67/fr
`-l-s-
`
`5eea*-r-l-e--5`
`
`..,,
`
`,
`
`INTERFERENCE SEARCHED
`Sub. (cid:9)
`Exmr.
`Date
`Class
`
`\ sN,
`
`(RIGHT OUTSIDE)
`
`Yamaha Exhibit 1003 Page 4
`
`(cid:9)
`(cid:9)
`

`
`Page 1 of 1
`
`/
`
`UNITED (cid:9) STATES PATENT AND TRADEMARK OFFICE
`
`COMMISSIONER FOR PATENTS
`UNITED STATES PATENT AND TRADEMARK OFFICE
`WASHINGTON, D.C. 20231
`www.uspto.gov
`
`CONFIRMATION NO. 4816
`
`CLASS
`084
`
`GROUP ART UNIT
`2837
`
`ATTORNEY
`DOCKET NO.
`N-6371
`
`1 1 1111111111
`
`11
`Bib Data Sheet
`
`11 III
`
`11
`
`SERIAL NUMBER
`09/621,061
`
`FILING DATE
`07/21/2000
`RULE
`
`APPLICANTS
`Derrell W. McAfee, Nashville, TN;
`Craig A. Kestner, Blountville, TN;
`
`** CONTINUING DATA *************************
`THIS APPLN CLAIMS BENEFIT OF 60/144,740 07/21/1999
`
`** FOREIGN APPLICATIONS ********************
`
`IF REQUIRED, FOREIGN FILING LICENSE (cid:9)
`GRANTED ** 09/07/2000
`CI yes CI no
`Foreign Priority claimed (cid:9)
`35 USC 119 (a-d) conditions (cid:9) U yes 1:3 no C.:I Met after
`
`Allowance
`
`**SMALL ENTITY**
`
`STATE OR
`COUNTRY
`TN
`
`SHEETS
`DRAWING
`7
`
`TOTAL
`CLAIMS
`18
`
`INDEPENDENT
`CLAIMS
`2
`
`met (cid:9)
`Verified and
`Acknowledged (cid:9)
`ADDRESS
`23456
`
`Examinees Signature (cid:9)
`
`Initials
`
`TITLE
`
`Electric drum stroke counting machine
`
`FILING FEE
`RECEIVED
`420
`
`FEES: Authority has been given in Paper
`No. (cid:9)
`to charge/credit DEPOSIT ACCOUNT
`No. (cid:9)
`for following:
`
`Li All Fees
`t:1 1.16 Fees ( Filing )
`2 1.17 Fees ( Processing Ext. of
`time)
`LI 1.18 Fees ( Issue )
`LI Other
`1:3 Credit
`
`Yamaha Exhibit 1003 Page 5
`
`(cid:9)
`

`
`co
`C=I =•=7,
`co
`
`. (cid:9)
`
`J. PATTERSON
`JR.
`WARD D. LANOUIST, JR.
` kjIAN WAYNE BEAVERS
`=0,14N C. GARVIN, JR.*
`=1\tDRA K. THOMAS
`EMILY A. SHOUSE
`DAVID B. PIEPER
`LARRY W. BRANTLEY•
`RICHARD S. MYERS, JR.•
`
`REGISTERED PATENT AGENTS
`HAROLD W. HILTON
`MICHAEL J. McCARTHY, PH.D.
`
`TECHNICAL ADVISOR
`DOUGLAS W. SCHELLING, PH.D.
`
`LICENSED IN A STATE
`OTHER THAN TENNESSEE
`
`LAW OFFICES
`WADDEY 8 PATTERSON
`A PROFESSIONAL CORPORATION
`SUITE 2020, BANK OF AMERICA PLAZA
`414 UNION STREET
`NASHVILLE, TENNESSEE 37219
`
`615-242-2400
`FAX 615-242-2221
`www.iplawgroup.com
`
`July 21, 2000
`
`PATENTS, TRADEMARKS.
`COPYRIGHTS, TRADE SECRETS,
`UNFAIR COMPETITION,
`COMPUTER LAW, LICENSING
`AND RELATED LITIGATION
`
`ALABAMA OFFICE
`
`SUITE 302, AMSOUTH CENTER
`200 CLINTON AVENUE
`P. 0. BOX 184E55
`HUNTSVILLE, ALABAMA 35804
`256-535-4400
`FAX 256-535-4402
`
`Writer's Direct E-mail Address:
`dbp@iplawgroup.com
`
`Assistant Commissioner for Patents
`Box New Patent Application
`Washington, DC 20231
`
`Dear Sir:
`
`VIA EXPRESS MAIL LABEL
`NUMBER EL428171757US
`ATTORNEY'S DOCKET NO.: N-6371
`Customer No.: 23456
`
`Enclosed for filing is the following:
`
`1. (cid:9)
`Original utility patent application for the invention by Derrell W.
`McAfee, Craig A. Kestner, et al of a "Electric Drum Stroke Counting Machine" which
`includes:
`
`a.
`b.
`
`specification — 14 pages;
`7 pages of drawings;
`
`2.
`3.
`
`4.
`
`Declaration and Power of Attorney (unsigned)
`Statement Claiming Small Entity Status (cid:9)
`(unsigned).
`Self-addressed return post card.
`
`Independent
`
`Inventor
`
`Very truly yours,
`
`WADDEY & PATTERSON
`
`David B. Pieper
`Registration Number 42,998
`
`DBP/lbh
`Enclosures
`
`Yamaha Exhibit 1003 Page 6
`
`(cid:9)
`

`
`Commissioner of Patents
`and Trademarks
`July 21, 2000
`Page 2
`
`"EXPRESS MAIL" mailing label number:
`
`EL428171757US
`
`Date of deposit:
`
`July 21, 2000
`
`I hereby certify that this correspondence, including the following:
`
`Original utility patent application for the invention by Derrell W.
`1. (cid:9)
`McAfee, Craig A. Kestner, et al of a "Electric Drum Stroke Counting Machine" which
`includes:
`
`a.
`b.
`
`specification — 14 pages;
`7 pages of drawings;
`
`2. (cid:9)
`3. (cid:9)
`
`4. (cid:9)
`
`Declaration and Power of Attorney (unsigned)
`Statement Claiming Small Entity Status (cid:9)
`(unsigned).
`Self-addressed return post card.
`
`Independent Inventors
`
`is being deposited with the United States Postal Service "Express Mail Post Office to
`Addressee" service under 37 C.F.R.§1.10 on the date indicated above and is addressed
`to:
`
`Assistant Commissioner for Patents
`Box New Patent Application
`Washington, DC 20231
`
`Date:
`
`D-00o
`
`Yamaha Exhibit 1003 Page 7
`
`(cid:9)
`(cid:9)
`(cid:9)
`(cid:9)
`(cid:9)
`(cid:9)
`

`
`APPLICATION FOR
`
`UNITED STATES LETTERS PATENT
`
`Customer No. 23456
`
`Be it known that we, Derrell W. McAfee, a citizen of the United States
`
`residing at 203 McMillin St., Nashville, TN and Craig A. Kestner, a citizen of
`
`5
`
`the United States residing siding at 259 Cain Dr., Blountville, TN; have
`
`invented a new and useful "Electric Drum Stroke Counting Machine."
`
`This application claims benefit of co-pending Provisional U.S. Patent
`
`Application Serial No. 60/144,740 filed July 21, 1999, entitled "Electronic Drum
`
`Stroke Counting Machine" which is hereby incorporated by reference.
`
`10
`
`BACKGROUND OF THE INVENTION
`
`The present invention relates to a musical testing device and more
`
`particularly to a drum beat counter attachable to a drum head. The speed of
`
`drum beating and stick speed has long been debated between drummers. A
`
`15
`
`reliable method and apparatus for counting drum beats is needed to measure
`
`the drum beats or stick speed for drummers. Furthermore, drumming
`
`students need to practice speed and timing of drum beats to ensure that a
`
`cadence is being performed at the proper rate over time. Thus, what is
`
`needed is a drum beat counter to measure stick speed and drum beats over a
`
`20
`
`time period for improved drumming information.
`
`Draft 7/21/00
`
`-1-
`
`Yamaha Exhibit 1003 Page 8
`
`(cid:9)
`

`
`SUMMARY OF THE INVENTION
`
`Customer No. 23456
`
`The present invention utilizes a piezo sensor attached to a drum head
`
`to count the number of beats on the drumhead. The piezo senses each time a
`
`drum stroke is made and sends a signal into drum beat counter which counts
`
`5
`
`number of strokes. The preferred embodiment of the system only counts the
`
`drum beats occurring during a fixed period of time. The time period can be
`
`set to count down from any set time so that user can count the number of
`
`drum strokes occurring during the period of time. The following schematics,
`
`drawings, and parts lists explain in greater detail the operation of the
`
`10 machine.
`
`BRIEF DESCRIPTION OF THE DRAWINGS
`
`Figure 1 is an assembly drawing of the drum beat counter attached to
`
`a conventional drum head.
`
`Figure 2 is an assembly drawing of the drum beat counter attached to
`
`15
`
`an electronic drum head.
`
`Figure 3 is side view of the drum beat counter.
`
`Figure 4 is a schematic for the power supply.
`
`Figure 5 is a schematic view of the signal conditioner.
`
`Draft 7/21/00 (cid:9)
`
`-2-
`
`Yamaha Exhibit 1003 Page 9
`
`

`
`Figure 6 is a schematic view of the additional connection for the edge
`
`Customer No. 23456
`
`trigger integrated circuit.
`
`Figure 7 is a schematic view for the drum beat timer.
`
`Figure 8 is a schematic for the drum beat counter.
`
`5 (cid:9)
`
`Figure 9 is a parts list for elements of the preferred embodiment of the
`
`invention.
`
`DESCRIPTION OF THE PREFERRED EMBODIMENTS
`
`The drum beat counter device or apparatus 100 is designed to measure
`
`10 the total number of strikes against a drum head 102 as a measurement of a
`
`drummer's hand or foot speed. The drum beat counter 100 measures the
`
`total number of strikes hit by a drummer onto a vibrating surface, such as a
`
`drum head 102, during a controlled period of time. The device 100 is capable
`
`of application on both acoustic drums 104 and electronic drums 106.
`
`15 (cid:9)
`
`Figure 1 of the drawings shows the drum beat counter apparatus 100
`
`of the present invention mounted on an acoustic drum 104. As shown in
`
`Figure 1 of the drawings, a piezo type strike sensor 108 is attached to a drum
`
`head 102 on an acoustic drum 104 or other vibrating surface to generate a
`
`Draft 7/21/00 (cid:9)
`
`-3-
`
`Yamaha Exhibit 1003 Page 10
`
`

`
`Customer No. 23456
`
`strike signal in accordance with the vibrations created by the strikes on the
`
`drum head. The piezo sensor 108 is connected by a sensor cable 110 to the
`
`drum beat counter 100. An optional portable connection through a guitar
`
`cable 112, guitar jacks 113, and female connector 114 is shown to allow for
`
`5
`
`the piezo sensor 108 to be permanently mounted to the drum head 102 while
`
`allowing for removal of the drum beat counter 100. The sensor cable 110
`
`connects to the counter 100 through the drum input port 111 shown in Figure
`
`3.
`
`The front 116 of the drum beat counter 100 is shown which includes a
`
`10
`
`information presenters such as a count information display 118 and a time
`
`information display 120. The count display 118 is presented as a four digit
`
`digital display counter that corresponds to the number of counts detected by
`
`the drum beat counter 100. The time display 120 is a two digit digital
`
`display which is used to show the current status of the timer as a counting
`
`15
`
`time in seconds. Other types of information presenters and displays, such as
`
`LED meter displays, pie chart displays, or graphic display screens may also
`
`be utilized for visual displays, or sound devices such as speakers with a tone
`
`generator may be used for presenting the counting information to the user.
`
`Thus, the preferred embodiment's screen type display is merely a way to
`
`20
`
`present the number of counts to the user in an easily recognizable format.
`
`Draft 7/21/00 (cid:9)
`
`-4-
`
`Yamaha Exhibit 1003 Page 11
`
`

`
`Customer No. 23456
`
`An on/off power switch 122 is provided for turning the counter 100 on
`
`and off, and the reset 124 is shown as a button for resetting the counter 100.
`
`A time period selector 126 is shown as a preset dial selector for selecting the
`
`period of time to be used for the counting of the strikes.
`
`5 (cid:9)
`
`The counter 100 uses an internal strike counter 152 to detect the
`
`number of beats or strikes on the drum head 102 and increments the drum
`
`beat count shown on the count display 118 by one for each strike. The
`
`preferred embodiment uses the preset dial selector 126 to set the time
`
`interval for counting between ten and ninety seconds at ten second intervals.
`
`10 While the present embodiment counts in ten second intervals, it is also
`
`envisioned that any other time interval, including one second intervals, could
`
`also be used without departing from the scope of this invention. The time is
`
`designed to count down from the pre-selected number, by decrementing the
`
`time period counter by one for each second on the time display 120. The time
`
`15
`
`allows for the counter 100 to begin counting upon the first drum beat and
`
`stops the counter 100 upon reaching zero seconds. Thus, when the timer
`
`reaches zero, the counter 100 will stop counting and will display the total
`
`number of strikes against the drum head during the countdown. Upon
`
`pressing the momentary reset button 124 on the front of the drum beat
`
`20
`
`counter 100, or applying the reset signal through the external rest port 128,
`
`Draft 7/21/00 (cid:9)
`
`-5-
`
`Yamaha Exhibit 1003 Page 12
`
`

`
`the counter will be rest to zero and the timer will reset according to the
`
`setting on the preset dial 124. The above sequence may then be repeated for
`
`Customer No. 23456
`
`the next counting.
`
`Figure 2 shows the drum beat counter 100 attached to an electronic
`
`5
`
`drum pad 106 by a sensor cable 110 with standard one quarter inch jack
`
`connectors 113.
`
`The side of the drum beat counter 100 is shown in Figure 3 which
`
`includes a drum input port 111, an external reset port 128 and a power
`
`supply input 130. The preferred embodiment of the device 100 uses a 9 volt
`
`10
`
`power supply input and is designed to be powered by a 9 volt battery or
`
`external power supply.
`
`Figure 4 of the drawings shows the electrical schematic of the power
`
`supply 132 for the drum beat counter 100. An external power supply (not
`
`shown) may provide a 9 to 12 volt signal for the counter 100, which is then
`
`15
`
`converted by the power supply 132 for internal operation. As is well known
`
`in the art of electronics, power supplies 132 may be designed to accept a
`
`multitude of inputs for presenting the appropriate output. Therefore, the
`
`present design 100 is shown as the preferred embodiment, but the invention
`
`is not meant to be limited by this design.
`
`Draft 7/21/00 (cid:9)
`
`-6-
`
`Yamaha Exhibit 1003 Page 13
`
`

`
`Customer No. 23456
`
`Figure 5 of the drawings shows the strike signal filter as a debouncing
`
`circuit 134 for the output of the piezo sensor 108 to allow for counting the
`
`actual drum beats or strikes and not counting the after-beat vibrational
`
`reactions of the drum head 102 or sensor 108. The piezo input signal 136 is
`
`5
`
`combined by the signal combiner 140 with a digital reference signal 138,
`
`generated by a signal generator, to provide a digital type combined signal for
`
`counting the number of drum beat strikes. Because the reference signal 138
`
`provides an inherent limitation on the maximum number of strikes that may
`
`be counted by the counter, it is important that the digital reference signal
`
`10
`
`138 is operating at a sufficient clock rate to exceed the maximum number of
`
`strikes that the device 100 will need to detect. A clock rate for counting at
`
`least 40 strikes per second is recommended. Because drum heads 102 vibrate
`
`after the initial impact, it is also important to detect only the initial strike
`
`and not the subsequent vibrations of the drum head 102. The combined
`
`15
`
`signal passes through a signal filter 142 and then passes through a threshold
`
`trigger 144 that is used to detect only the impact vibration associated with
`
`the initial drum strike and not the subsequent vibrations. The current
`
`design shows the values selected for the preferred embodiment and the
`
`equipment as shown, but the threshold detector values 144 will change with
`
`20
`
`the types of equipment that are used. Figure 6 of the drawings shows the
`
`Draft 7/21/00 (cid:9)
`
`-7-
`
`Yamaha Exhibit 1003 Page 14
`
`

`
`remaining connections for the threshold edge trigger 144 for detecting the
`
`Customer No. 23456
`
`triggering event.
`
`Figure 7 of the drawings shows the timer 145 and the connections of
`
`the timing circuit 146 for providing the signal to the display controllers 148
`
`5
`
`and displays 150 as used on the front of the drum beat counter 100. A known
`
`clock rate is reduced by a divide by-N type counter in the timing circuit 146
`
`to equate to seconds as a second signal, and the second signal is then sent to
`
`the display driver 148 to drive the display 150. The preset switch 126 is used
`
`to input an initial time equating to the number of seconds for the timer to
`
`10 count. The amount of time to count down or count up on the device can be set
`
`using a digital or analog switch for the preset switch 126.
`
`Figure 8 of the drawings shows the counter 151 section of the drum
`
`beat counter 100, including the strike counter 152 and display drivers 154 for
`
`the counter displays 156 used on the front of the drum beat counter 100.
`
`15
`
`Figure 9 shows the preferred values used for the circuit components shown in
`
`Figures 4 through 8.
`
`Thus, although there have been described particular embodiments of the
`
`present invention of a new and useful Electric Drum Stroke Counting Machine,
`
`it is not intended that such references be construed as limitations upon the
`
`20
`
`scope of this invention except as set forth in the following claims.
`-8-
`Draft 7/21/00 (cid:9)
`
`Yamaha Exhibit 1003 Page 15
`
`

`
`CLAIMS
`
`What is claimed is:
`
`Customer No. 23456
`
`A drum beat counter apparatus for counting the number of strikes
`\
`on a surface, comprising:
`
`5 (cid:9)
`
`a strike sensor adapted to detect the strikes and create a strike signal;
`
`a strike counter electrically connected to the strike sensor and adapted to
`
`receive the strike signal, adapted to detect strikes represented in the strike
`
`signal, and further adapted to create a count signal; and
`
`a count information presenter electrically connected to the counter and
`
`10 adapted to receive the count signal and present a representation of the number
`
`of strikes.
`
`2. The apparatus of claim 1, wherein the sensor is a vibrational sensor.
`
`15 (cid:9)
`
`3. The apparatus of claim 1, wherein the sensor is a piezo sensor.
`
`4. The apparatus of claim 1, further comprising:
`
`a strike signal filter electrically connected between the strike sensor and
`
`the strike counter, the strike signal filter adapted to remove unwanted portions
`
`20
`
`of the strike signal associated with after-strike vibrations.
`
`Draft 7/21/00 (cid:9)
`
`-9-
`
`Yamaha Exhibit 1003 Page 16
`
`(cid:9)
`(cid:9)
`

`
`Customer No. 23456
`
`5. The apparatus of claim 4, the strike signal filter comprising:
`
`a signal generator adapted to generate a reference signal; and
`
`a signal combiner adapted to combine the reference signal with the
`
`strike signal.
`
`6. The apparatus of claim 4, the strike signal filter comprising:
`
`a threshold detector for detecting portions of the strike signal above a
`
`threshold level and removing portions of the strike signal beneath the threshold
`
`level.
`
`5
`
`10
`
`7. The apparatus of claim 1, further comprising:
`
`a timer electrically connected to the counter and adapted to count a
`
`period of time and stop the counter after the period of time has been counted.
`
`15 (cid:9)
`
`8. The apparatus of claim 7, further comprising:
`
`a time period selector electrically connected to the timer to select the
`
`period of time to be counted by the timer.
`
`9. The apparatus of claim 7, further comprising:
`
`Draft 7/21/00 (cid:9)
`
`-10-
`
`Yamaha Exhibit 1003 Page 17
`
`

`
`a time information presenter electrically connected to the timer and
`
`adapted to present a representation of the period of time being counted by the
`
`Customer No. 23456
`
`timer.
`
`5 (cid:9)
`
`10. The apparatus of claim 9, the time information presenter
`
`comprising:
`
`a digital LED display.
`
`11. The apparatus of claim 1, the count information presenter
`
`10 comprising:
`
`a digital LED display.
`
`12. The apparatus of claim 1, further comprising:
`
`a reset electrically connect to the counter and adapted to restore the
`
`15
`
`counter to an initial count value.
`
`13. The apparatus of claim 1, further comprising:
`
`a power supply electrically connected to provide power for the sensor,
`
`counter, and display.
`
`20
`
`14. The apparatus of claim 13, further comprising:
`
`Draft 7/21/00 (cid:9)
`
`-11-
`
`Yamaha Exhibit 1003 Page 18
`
`

`
`a power switch electrically connected to the power supply and adapted to
`
`Customer No. 23456
`
`control power provided by the power supply.
`
`\k5. A method for measuring the total number of strikes by a
`
`5
`
`drummer on a surface, comprising:
`
`creating a vibrational signal corresponding to the vibrational
`
`movement of the surface associated with the strikes;
`
`filtering the vibrational signal for characteristics associated with the
`
`initial impact of the strikes to create an impact signal; and
`
`10 (cid:9)
`
`counting the number of impacts represented in the impact signal to
`
`create a count number.
`
`16. The meard of claim 12, further comprising:
`
`displaying the col t number to the drummer.
`
`15
`
`17. The method of claim 12, further comprising:
`
`Draft 7/21/00 (cid:9)
`
`-12-
`
`Yamaha Exhibit 1003 Page 19
`
`

`
`providing a time adapted measure a period of time with an end time;
`
`Customer No. 23456
`
`and
`
`blocking the impact s nal after the timer encounters the end time.
`
`5 (cid:9)
`
`18. The method of claim 17, further comprising:
`
`displaying a status of the timer to the drummer.
`
`10
`
`Draft 7/21/00 (cid:9)
`
`-13-
`
`Yamaha Exhibit 1003 Page 20
`
`

`
`/
`
`Customer No. 23456
`
`ABSTRACT OF THE DISCLOSURE
`
`A drum beat counter that can be attached to either a conventional
`
`drum head or an electronic drum kit. The counter counts the number of beats
`
`over a given time set by the user. The drum beat counter includes a strike
`
`5
`
`sensor adapted to detect the strikes and create a strike signal, a strike
`
`counter electrically connected to the strike sensor and adapted to receive the
`
`strike signal, adapted to detect strikes represented in the strike signal, and
`
`further adapted to create a count signal; and a display electrically connected
`
`to the counter and adapted to receive the count signal and present a
`
`10 representation of the number of strikes. This device can be used in many
`
`ways including speed counting or ensuring that the drum actually beats the
`
`number of times desired.
`
`Draft 7/21/00 (cid:9)
`
`-14-
`
`Yamaha Exhibit 1003 Page 21
`
`

`
`Customer No. 23456
`
`DECLARATION AND POWER OF ATTORNEY
`As a below named inventor, I hereby declare that:
`My residence, post office address and citizenship are as stated below next to my
`name; that
`I believe I am an original, first and joint inventor of the invention entitled
`"Electric Drum Stroke Counting Machine" described and claimed in the attached
`specification.
`I have reviewed and understand the contents of the specification, including the
`claims, in the above-referenced application, as amended by any amendment
`specifically referred to in the Declaration.
`I acknowledge my duty pursuant to 37 C.F.R. §1.56 to disclose information of
`which I am aware which is material to the patentability of this application.
`I hereby claim foreign priority benefits under Title 35, United States Code,
`§119 of any foreign application(s) for patent or inventor's certificate listed below and
`have also identified below any foreign application for patent or inventor's certificate
`having a filing date before that of the application on which priority is claimed:
`
`None.
`
`I hereby claim the benefit under Title 35, United States Code, §120 of any
`United States application(s) listed below and, insofar as the subject matter of each
`of the claims of this application is not disclosed in the prior United States
`application in the manner provided by the first paragraph of Title 35, United States
`Code, §112, I acknowledge the duty to disclose material information as defined in
`Title 37, Code of Federal Regulations, §1.56(a) which occurred between the filing
`date of the prior application and the national or PCT international filing date of this
`application:
`
`Electronic Drum Stroke Counting Machine
`Title of Prior Application: (cid:9)
`60/144,740
`Application Serial No. (cid:9)
`Filing Date of Prior Application: July 21, 1999
`
`I hereby declare that all statements made herein of my own knowledge are true
`and that all statements made on information and belief are believed to be true; and
`further that these statements were made with the knowledge that willful false
`statements and the like so made are punishable by fine or imprisonment, or both,
`under Section 1001 of Title 18 of the United States Code and that such willful false
`statements may jeopardize the validity of the application or any patent issued
`thereon.
`
`Yamaha Exhibit 1003 Page 22
`
`

`
`Customer No. 23456
`
`I hereby appoint the following attorneys to prosecute this application and to
`transact all business in the Patent and Trademark Office connected therewith:
`Mark J. Patterson (Reg. No. 30,412)
`I. C. Waddey, Jr. (Reg. No. 25,180)
`Edward D. Lanquist, Jr. (Reg. No. 33,729)
`Lucian Wayne Beavers (Reg. No. 28,183)
`John C. Garvin, Jr. (Reg. No. 20,542)
`Laura K. Thomas (Reg. No. 39,856)
`Emily A. Shouse (Reg. No. 44,336)
`David B. Pieper (Reg. No. 42,998)
`Richard S. Myers, Jr. (Reg. No. 42,022)
`Larry W. Brantley (Reg. No. P-46,052)
`414 Union Street, Suite 2020
`Bank of America Plaza
`Nashville, TN 37219
`(615) 242-2400David B. Pieper
`
`Address all telephone calls to David B. Pieper at telephone number (615) 242-2400.
`
`Address all correspondence to:
`
`David B. Pieper
`Waddey & Patterson
`414 Union Street, Suite 2020
`Bank of America Plaza
`Nashville, TN 37219
`Customer No. 23456
`
`Full name of joint Inventor: (cid:9)
`
`Derrell W. McAfee
`
`Inventor's signature:
`
`Residence: (cid:9)
`
`Citizenship: (cid:9)
`
`Date
`
`203 McMillin St.,
`Nashville, TN
`
`US Citizen
`
`Yamaha Exhibit 1003 Page 23
`
`

`
`Customer No. 23456
`
`Full name of joint Inventor: (cid:9)
`
`Craig A. Kestner
`
`Inventor's signature:
`
`Residence:
`
`Citizenship:
`
`Date
`
`259 Cain Dr.,
`Blountville, TN
`
`US Citizen
`
`Yamaha Exhibit 1003 Page 24
`
`

`
`Applicant or Patentee: Derrell W. McAfee, Craig A. Kestner
`Attorney's Docket No. N-6371
`Customer No. 23456
`
`For: ELECTRIC DRUM STROKE COUNTING MACHINE
`
`Customer No. 23456
`
`VERIFIED STATEMENT (DECLARATION) CLAIMING SMALL ENTITY
`STATUS
`(37 C.F.R. 1.9 (f) & 1.27 (c)) - INDEPENDENT INVENTOR
`
`As a below named inventor, I hereby declare that I qualify as an independent
`inventor as defined in 37 C.F.R. 1.9(c) for purposes of paying reduced fees under
`section 41(a) and (b) of Title 35, United States Code, to the Patent and Trademark
`Office with regard to the invention entitled "Electric Drum Stroke Counting Machine"
`described in the specification filed herewith.
`
`I have not assigned, granted, conveyed or licensed and am under no obligation
`under contract or law to assign, grant, convey or license, any rights to the invention
`to any person who could not be classified as an independent inventor under 37 C.F.R.
`1.9(c) if that person made the invention, or to any concern which would not qualify as
`a small business concern under 37 C.F.R. 1.9(d) or a nonprofit organization under 37
`C.F.R 1.9(a).
`
`Each person, concern or organization to which I have assigned, granted,
`conveyed, or licensed, or am under an obligation under contract or law to assign,
`grant, convey, or license any rights in the invention is listed below:
`
`There are no such persons, concerns, or organizations.
`
`I acknowledge the duty to file, in this application or patent, notification of any
`change in status resulting in loss of entitlement to small entity status prior to paying,
`or at the time of paying, the earliest of the issue fee or any maintenance fee due after
`the date an which status as a small entity is no longer appropriate. (37 C.F.R. 1.28(b))
`
`Yamaha Exhibit 1003 Page 25
`
`

`
`Customer No. 23456
`
`I hereby declare that all statements made herein of my own knowledge are
`true and that all statements made on information and belief are believed to be true;
`and further that these statements were made with the knowledge that willful false
`statements and the like so made are punishable by fine or imprisonment, or both,
`under section 1001 of Title 18 of the United States Code, and that such willful false
`statements may jeopardize the validity of the application, any patent issuing thereon,
`or any patent to which this verified statement is directed.
`
`Derrell W. McAfee,
`
`Date
`
`Craig A. Kestner
`
`Date
`
`Yamaha Exhibit 1003 Page 26
`
`

`
`FIGURE 1
`
`NOTE: DRAWING IS NOT TO SCALE.
`
`ACOUS TIC DRUM
`
`va--`k
`
`vas.
`
`kco
`
`GUITAR CABLE
`
`114" JACKS
`
`IE DEVICE (IRON I VIEW)
`
`AZ•
`
`\\
`
`\\12
`
`1/4" FEMALE CONNECTOR 6c
`
`'\() (cid:9)
`
`SENSOR CABLE
`
`PIEZO ENSOR (cid:9)
`
`DRUM REA
`
`C) (cid:9)
`
`ACOUSTIC DRUM VERSION
`
`!;.
`
`Yamaha Exhibit 1003 Page 27
`
`

`
`IIESE t
`
`PNE-SE1 (cid:9)
`
`SECONDS
`I 60
`
`THE DEVICE (MON I VIEW)
`
` FF (cid:9)
`
` O
`
`ON/
`
`▪
`▪
`
`FIGURE 2
`
`NOTE: DRAWING IS NOT TO SCALE.
`
`ELECTRONIC DRUM PAD
`
`\\17
`
`1/4" JACK
`
`GUITAR CABLE
`
`114" JACK
`
`ELECTRONIC DRUM VERSION
`
`Yamaha Exhibit 1003 Page 28
`
`

`
`PRLN T OF DRAWINGS
`AS ORIGINALLY Fll
`
`THE DEVICE (SIDE VIEW)
`
`I/4" FEMALE INPUT
`
`FIGURE 3
`
`9- 1 2vdc Input
`
`oc-oc Cony
`
`12.2
`
`(cid:9)0+5V
`
`0 5Y
`
`2.2
`CI
`
`42
`
`FIGURE 4
`
`Yamaha Exhibit 1003 Page 29
`
`(cid:9)
`

`
`FIGURE 5
`
`‘.\
`
`FIGURE 6
`
`+5V
`
`"L-
`
`1-
`
`s\sriP
`
`Yamaha Exhibit 1003 Page 30
`
`

`
`FIGURE 7
`
`ze. ,oço
`
`BCO SW
`
`/NI
`
`rzZz
`N n+.1
`
`YY'gx
`
`P 0 , 01
`Cl
`i
`Al
`
`01 a
`P4 A (cid:9)
`
`-
`
`o +3v
`
`
`
`14 (cid:9)
`
`12
`
`5
`
`7
`
`ir
`
`Cr
`Pt
`P3 03 (cid:9)
`P2 02 (cid:9)
`01 (cid:9)
`PI (cid:9)
`Cd
`14411
`
`C140 (cid:9)
`dim vcC
`
`4s/2
`
`ctx
`
`4347
`
`(cid:9)GNO 0
`
`"VCC
`
`4
`4 03 0
`2 01 02
`1 04 A
`7
`
`U2
`
`
`
`(cid:9)C
`
`(cid:9)0+3%'
`
`+WO. (cid:9)
`
`4522
`
`0N0
`41114 MCC
` CLK
`Cr
`ir
`PC
`P3 03
`P2 02
`01
`04
`
`I (cid:9)
`I WI
`
`nvcc (cid:9)
`14 (cid:9)c al (cid:9)
`4
`03
`02 (cid:9)
`1 VI
`134 (cid:9)
`7 gl----- (cid:9)
`
`C (cid:9)
`I (cid:9)
`A
`
`---1-4c4orc (cid:9)
`r (cid:9)
`C (cid:9)
`
`1-
`
`11 PCR
`
`Ui
`
`4471
`
`