Complaint - Robins Kaplan LLP

Transcription

Complaint - Robins Kaplan LLP
Case 7:14-cv-07275-CS Document1 Filed 09/09/14 Page
boil GINAL
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
14 CV 7275
IGUITAR, INC.,
Plaintiff;
ECF Case
-againstFENDER MUSICAL INSTRUMENTS
CORPORATION,
COMPLAINT AND DEMAND
FOR JURY TRIAL
Defendant
Plaintiff iGuitar, Inc. ("Plaintiff" or "iGuitar"), by and through its attorneys,
Kheyfits & Maloney LLP, as and for its complaint against defendant Fender Musical Instruments
Corporation ("Defendant" or "FMIC"), alleges as follows:
.
NATURE OF THE ACTION
.
--i _
This is an action pursuant to the patent laws of the United State-35 ... ID pzir:
-t-) -4C
U.S.C. §§ 1, et seq., for infringement by Defendant of one or more claims of U.S. Patera -No:if. ..--)
7-. I-0
.. c:
7,241,948 and 7,563,977 ("the Patents-in-Suit").
L.D
1.
2.
Patrick Cummings is the current President and CEO of plaintiff iGuitar.
After serving as a division head at Gibson Guitar Corporation, Mr. Cummings formed his own
guitar business in or around 1992. Since then, Mr. Cummings has been a leading innovator in
guitar technology. On March 3, 2005, Mr. Cummings submitted an application for a patent
covering the invention claimed in the Patents-in-Suit. The invention relates to stringed musical
instruments that function as a peripheral for a computer or computing device.
3.
At the time he submitted his application for a patent, Mr. Cummings'
vision was years ahead of its time. Approximately seven years later, however, the market for
guitars and other stringed musical instruments began to catch up to Mr. Cummings' vision.
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Case 7:14-cv-07275-CS Document 1 Filed 09/09/14 Page 2 of 31
Interest in guitars and other stringed musical instruments that incorporated iGuitar's patented
technology began to grow rapidly.
4.
Now, a growing number of guitars and other stringed musical instruments
sold in the United States incorporate licensed technology from iGuitar. These musical
instruments include guitars manufactured under brand names such as Martin, Breedlove, Ibanez,
Godin, and Lanakai, all of which incorporate components manufactured by Fishman
Technologies, Inc. Armadillo Distribution Enterprises, Inc. produces guitars under the Dean and
Luna brand names and under license from iGuitar.
5.
Defendant is one of the largest manufacturers of guitars and stringed
musical instruments. Defendant is fully aware of the growing market demand for guitars that
incorporate the technology claimed in the Patents-in-Suit. Indeed, in or around 2012, Defendant
launched a line of products marketed as the "Squier iOS Strat" or similar names (the "Squier
USB Strat"). These products infringe on the Patents-in-Suit. Defendant has never obtained a
license under the Patents-in-Suit for the manufacture, sale and offering for sale of the Squier
USB Stmt.
6.
After Defendant's launch of the Squier USB Strat, Mr. Cummings, on
behalf of iGuitar, engaged Defendant's CEO in discussions concerning a license to the Patentsin-Suit. Defendant's CEO acknowledged the prospect of a license to the Patents-in-Suit.
7.
Nonetheless, Defendant unilaterally disengaged from such discussions.
Defendant then proceeded to launch two additional product lines that also infringe the Patents-inSuit.
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PARTIES
8.
Plaintiff iGuitar is a corporation duly formed and existing under the laws
of the State of Delaware. iGuitar's principal place of business is located at 290 Main Street,
Cold Spring, New York.
9.
Upon information and belief, Defendant FMIC is a corporation formed
and existing under the laws of the State of Delaware, with its principal place of business located
at 17600 North Perimeter Drive, Suite 100, Scottsdale, Arizona 85255.
JURISDICTION AND VENUE
10.
This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331
11.
This Court has personal jurisdiction over Defendant pursuant to N.Y.
and 1338(a).
C.P.L.R. §§ 301 and 302(a)(1)-(3). Upon information and belief, this Court has general
jurisdiction over the Defendant based on its continuous and systematic conduct within New
York, including, inter alia, Defendant's continuous contacts with New York such as offering for
sale, selling and shipping stringed musical instruments to customers, distributors, wholesalers
and retailers in New York, Defendant's presence at trade shows and/or other events in New
York, and Defendant's travel to New York in connection with the marketing, sale and other
business activities concerning stringed musical instruments.
12.
Upon information and belief, this Court also has specific jurisdiction over
Defendant based on, inter alia, the Defendant's acts of patent infringement alleged in this
Complaint within the state of New York and elsewhere, causing injury within the state.
Defendant's acts of patent infringement relevant to personal jurisdiction include but are not
limited to Defendant's sale, offering for sale and/or selling in New York of guitars that infringe
3
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the Patents-in-Suit, Defendant's completion of sales to customers, distributors, wholesalers
and/or retailers in New York of infringing guitars and the shipment of infringing guitars to
customers, distributors, wholesalers, retailers and/or other entities in New York.
13.
Venue is proper in this district pursuant to 28 U.S.C. §§ 1391(b), 1391(c)
and 1400(b) because, inter alia, the Plaintiffs principal place of business is located in this
judicial district, the Patents-in-Suit are assigned to the Plaintiff, Defendant committed acts of
infringement within this judicial district and there existed personal jurisdiction over Defendant in
this judicial district at the time this action was commenced.
PATENTS-IN-SUIT
14.
On July 10, 2007, the United States Patent and Trademark Office duly and
lawfully issued U.S. Patent No. 7,241,948 (the "'948 Patent"), entitled "Stringed Musical
Instrument Device," based upon an application filed by the inventor, Patrick G. Cummings. A
true and correct copy of the '948 Patent is attached hereto as Exhibit A.
15.
On July 21, 2009, the United States Patent and Trademark Office duly and
lawfully issued U.S. Patent No. 7,563,977 (the "'977 Patent"), entitled "Stringed Musical
Instrument Device," based upon an application filed by the inventor, Patrick G. Cummings. A
true and correct copy of the '977 Patent is attached hereto as Exhibit B.
16.
The Patents-in-Suit generally relate to stringed musical instruments that
function as a peripheral for a computer or computing device.
17.
iGuitar is the owner of the Patents-in-Suit and has the right to sue and
recover damages for infringement thereof.
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DEFENDANT KNEW OF THE PATENTS-IN-SUIT
BUT INFRINGED ANYWAY
18.
The National Association of Musical Merchants ("NAMM") organizes
trade shows for the music products industry.
19.
Upon information and belief, NAMM trade shows provide a forum where
attendees can learn about innovations, products and technology related to music products,
including guitars and stringed instruments.
20.
iGuitar exhibited at NAMM trade shows held in or around January, 2005;
July, 2005; January, 2006 and July, 2006 (collectively, the "NAMM Trade Shows").
21.
At each of the aforementioned NAMM Trade Shows, iGuitar exhibited
guitars and/or stringed musical instruments made in accordance with one or more of the claims
of the Patents-in-Suit or an application therefor.
22.
At each of the aforementioned NAMM Trade Shows, iGuitar gave notice
to attendees that the exhibited guitars and/or stringed musical instruments were covered by one
or more claims of the Patents-in-Suit or an application therefor.
23.
Upon information and belief, Defendant attended one or more of the
NAMM Trade Shows.
24.
Upon information and belief, by its attendance at one or more of the
NAMM Trade Shows, Defendant received notice of the Patents-in-Suit or an application therefor
and/or Defendant's infringement thereof.
25.
Upon information and belief, certain publications are widely read by
manufacturers of musical products, including guitar manufacturers such as Defendant. For
example, The Music Trades is a monthly publication focused on the music industry. Upon
5
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information and belief, The Music Trades is widely read by manufacturers of guitars and stringed
instruments including the Defendant.
26.
Starting in approximately July, 2005, various publications including The
Music Trades printed articles or other items describing the invention set forth in one or more of
the Patents-in-Suit or an application therefor. For example, the July, 2005 issue of The Music
Trades included a description of the invention set forth in one or more of the Patents-in-Suit or
an application therefor.
27.
Upon information and belief, by its reading of one or more of the
publications describing the invention set forth in one or more of the Patents-in-Suit or an
application therefore, including the descriptions contained in issues of The Music Trades,
Defendant received notice of the Patents-in-Suit and/or Defendant's infringement thereof.
28.
Regardless of Defendant's prior notice of the Patents-in-Suit, on or about
November, 2012, Defendant publicly launched its Squier iOS Strat product line (the "Squier
USB Star') without license from iGuitar.
29.
Beginning or about December, 2012, iGuitar engaged Defendant in
discussions concerning the Squier USB Strat and the Patents-in-Suit. More specifically, on
December 13, 2012, Mr. Cummings, on behalf of iGuitar, spoke by telephone with Larry
Thomas, then CEO of Defendant.
30.
During the telephone discussion, Mr. Cummings stated that the Squier
USB Strat infringed on iGuitar's patents. Mr. Thomas inquired as to whether iGuitar wanted to
enter into a license. Mr. Cummings invited Defendant to engage in further discussions to
explore the terms of a potential transaction between iGuitar and Defendant.
Case 7:14-cv-07275-CS Document 1 Filed 09/09/14 Page 7 of 31
31.
Following the telephone call, Mr. Cummings sent an email to Mr. Thomas
identifying the Patents-in-Suit and inviting Defendant to continue discussions concerning a
transaction between the parties concerning the Patents-in-Suit.
32.
Discussions between iGuitar and Fender continued into 2013. In an email
dated April 8, 2013, Mr. Cummings asked Mr. Thomas to have Mark Van Fleet, Defendant's
general counsel, contact counsel for iGuitar. By reply email, Mr. Thomas stated "Thanks,
Patrick, will do.. Larry".
33.
On April 22, 2013, Mr. Cummings again asked Mr. Thomas to have Mr.
Van Fleet contact counsel for iGuitar to continue discussions. iGuitar received no further
communications from Defendant.
34.
On or about January 23, 2014, Defendant publicly launched its Deluxe
Stratocaster® HSS Plus Top with iOS Connectivity (the "1155 USB Strat") and Deluxe
Stratocaster with Fishman
71)
TriplePlay (the "TP USB Strat") product lines. None of the 1155
USB Strat or TP USB Strat products are licensed. Upon information and belief each of the HS S
USB Strat and TP USB Strat products infringe the Patents-in-Suit.
35.
Upon information and belief, Defendant willfully infringed the Patents-in-
Suit by launching the Infringing Products without a license. Not only did Defendant learn of the
Patents-in-Suit and its infringement thereof by way of its discussions with Mr. Cummings and
the other facts alleged above, Defendant knew of the Patents-in-Suit in connection with certain
of its other products, sold under the brand names "Stratacoustic," "Telecoustic" and "T-Bucket,"
that incorporate licensed components from Fishman Transducers, Inc.
7
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FACTUAL ALLEGATIONS
36.
As referred to in this Complaint, and consistent with 35 U.S.C. § 100(c),
the "United States" means "the United States of America, its territories and possessions."
37.
Upon information and belief, Defendant makes, uses, offers for sale and/or
sells guitars and/or stringed instruments made in accordance with one or more claims of the
Patents-in-Suit, including but not limited to claim 16 of the '948 Patent and/or claim 16 of the
'977 Patent.
38.
Upon information and belief the stringed musical instruments made, used,
offered for sale and/or sold by Defendant and that infringe the Patents-in-Suit, include but are not
limited to the Squier USB Strat, the HSS USB Strat and the TP USB Strat (collectively, the
"Infringing Products"). Upon information and belief, Defendant makes, uses, offers to sell
and/or sells the Infringing Products in the United States and/or imports those products into the
United States.
39.
Upon information and belief, Defendant actively and knowingly induces,
directs, causes, and encourages others to make, use, sell, and/or offer to sell in the United States,
and/or import into the United States stringed musical instruments that infringe the Patents-in-Suit
by, inter alia, selling and/or supplying to resellers, wholesalers, retailers and/or customers
stringed musical instruments made in accordance with one or more claims of the Patents-in-Suit,
including but not limited to claim 16 and of the '948 Patent and/or claim 16 of the '977 Patent.
COUNT
40.
INFRINGEMENT OF THE PATENTS-IN-SUIT BY DEFENDANT
Plaintiff incorporates, restates and realkges as if fully set forth herein each
of the foregoing allegations in the preceding paragraphs.
8
Case 7:14-cv-07275-CS Document 1 Filed 09/09/14 Page 9 of 31
41.
Upon information and belief, Defendant has infringed one or more claims
of the Patents-in-Suit pursuant to 35 U.S.C. § 271(a) by making, using, offering to sell, and/or
selling in the United States, and/or importing into the United States guitars and/or stringed
musical instruments made in accordance with one or more claims of the Patents-in-Suit. Upon
information and belief, Defendant's infringement pursuant to 35 U.S.C. § 271(a) is ongoing.
42.
Upon information and belief, Defendant has induced infringement of one
or more claims of the Patents-in-Suit pursuant to 35 U.S.C. § 271(b), by actively and knowingly
inducing, directing, causing, and encouraging resellers, wholesalers, retailers, and/or customers
to make, use, oFer to sell, and/or sell in the United States, and/or import into the United States
guitars and/or stringed musical instruments made in accordance with one or more of the claims
of the Patents-in-Suit. Upon information and belief, Defendant's inducement of infringement
pursuant to 35 U.S.C. § 271(b) is ongoing.
43.
Upon information and belief, Defendant has committed the foregoing
infringing activities without license from iGuitor.
44.
Upon information and belief, Defendant has committed the foregoing
infringing activities with notice of the Patents-in-Suit.
45.
Upon information and belief, Defendant knew the Patents-in-Suit existed
while committing the foregoing infringing acts, thereby willfully, wantonly and deliberately
infringing the Patents-in-Suit. iGuitar's damages should be trebled pursuant to 35 U.S.C. § 284
because of Defendant's willful infringement of the Patents-in-Suit.
46.
Upon information and belief, the acts of infringement by Defendant have
been with the knowledge of the Patents-in-Suit and are willful, wanton and deliberate, thus
9
Case 7:14-cv-07275-CS Document 1 Filed 09/09/14 Page 10 of 31
rendering this action "exceptional" within the meaning of 35 U.S.C. § 285 and entitling iGuitar
to its reasonable attorney's fees and litigation expenses.
47.
Upon information and belief, the acts of infringement by Defendant will
continue unless enjoined by this Court.
48.
iGuitar has been and will be irreparably harmed and damaged by the acts
of infringement of the Patents-in-Suit by Defendant and has no adequate remedy at law.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff requests that a judgment be issued and entered against
Defendant as follows:
(a) Entry of judgment in favor of Plaintiff against the Defendant on all counts;
(b) Entry of judgment declaring that Defendant has infringed the Patents-in-Suit;
(c) Entry of judgment finding that Defendant's infringement of the Patents-in-Suit
has been willful;
(d) An order permanently enjoining Defendant together with its officers, directors,
agents, servants, employees, and attorneys, and upon those persons in active
concert or participation with them who receive actual notice of this order by
personal service or otherwise, from infringing the Patents-in-Suit;
(e) Award of compensatory damages adequate to compensate Plaintiff for
Defendant's infringement of the Patents-in-Suit, but in no event less than a
reasonable royalty trebled as provided by 35 U.S.C. § 284;
(1; Plaintiff's reasonable fees for expert witnesses and attorneys, as provided by
35 U.S.C. § 285;
(g) Plaintiff's costs;
(h) Pre-judgment and post-judgment interest on Plaintiff's award; and
(i) All such other and further relief as the Court deems just or equitable.
DEMAND FOR JURY TRIAL
Pursuant to Rule 38 of the Fed. R. Civ. Proc., Plaintiff hereby demands trial by
10
Case 7:14-cv-07275-CS Document 1 Filed 09/09/14 Page 11 of 31
jury in this action of all claims so triable.
Dated: New York, New York
Septemberq, 2014
KHEYFITS & MALONEY LLP
By:
Michael James Maloney
Dmitriy Kheyfits
1140 Avenue of the Americas
9th Floor
New York, New York 100036
Tel. (212) 203-5399
Fax. (212) 203-6445
Attorneys for Plaintiff iGuitar, Inc.
11
Case 7:14-cv-07275-CS Document 1 Filed 09/09/14 Page 12 of 31
Case 7:14-cv-07275-CS Document 1 Filed 09/09/14 Page 13 of 31
1111111111111111111111 hmLig11 1 111111111111
(12)
United States Patent
(10) Patent No.:
US 7,241,948 B2
(45) Date of Patent:
Jul. 10, 2007
Cummings
(54) STRINGED MUSICAL INSTRUMENT
DEVICE
2004/0187673 Al*
2005/0235813 Al*
2006/0101987 Al*
(75) Inventor: Patrick G. Cummings, Putnam Valley,
NY (US)
4
C )
Notice:
(57)
Mar. 3, 2005
Prior Publication Data
US 2006/0196348 Al
(51)
Sep. 7,2006
lint. Cl.
GIOH 3/18
(2006.01)
Cl.
84/131; 84/723
(58) Field of Classification Search
None
See application file for complete search history.
(52)
U.S.
References Cited
(56)
U.S. PATENT DOCUMENTS
6,191,350 B1 • 2/2001 Okulov at al.
2003/0159570 Al
812003 Toshitani
2004/0144241 Al
7/2004 Tuslciewiez at al,
Paulding &
ABSTRACT
A stringed musical instrument device that functions as a
peripheral for a computer or computing device, whereby
electronic transducers placed inside and/or outside the
instrument convert the vibrations of the strings and/or the
instrument body from an analog electrical signals to digital
signals. The digital signals are then transmitted via Class
Compliant USB and/or FireWire-IEEE 1394 and/or IEEE
802.11 wireless and/or Bluetoothe wireless protocols to any
computer or computing device that accepts data via those
protocols. This device requires no external power, amplification, analog-to-digital conversion, software or hardware.
This device is an improvement over the prior art in that it
accurately and immediately represents on a computer or
computing device the signals that are being sent from the
instrument and reduces the number of devices needed to
accomplish the task of sending digital signals to a computer
or computing device.
(21) Appl. No.: 11/072$45
(65)
' cited by examiner
Huber LLP
Subject to any disclaimer the term of this
patent is extended or adjusted under 35
U.S.C. 154(1)) by 108 days.
(22) Filed:
84/737
84/723
84/723
Primary Examiner—Marlon Fletcher
(74) Attorney, Agent, or Firm—McCormick,
(73) Assignee: 'Guitar, Inc., Poughkeepsie, NY (US)
(
9/2004 Stevenson
10/2005 Barry
5/2006 Ceti et al
841646
17 Claims, 3 Drawing Sheets
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Case 7:14-cv-07275-CS Document 1 Filed 09/09/14 Page 14 of 31
U.S. Patent
JuL 10, 2007
Sheet 1 of
3
Us 7,241,948 B2
106
10
10
100
\i■
114
102
FIG. 1
FIG. 2
Case 7:14-cv-07275-CS Document 1 Filed 09/09/14 Page 15 of 31
U.S. Patent
Jul. 10, 2007
Sheet 2 of 3
§I
US 7,241,948 B2
Case 7:14-cv-07275-CS Document 1 Filed 09/09/14 Page 16 of 31
US 7,241,948 B2
1
STRINGED MUSICAL INSTRUMENT
DEVICE
2
FIELD OF THE INVENTION
5
This invention relates generally to musical instruments,
and more particularly to stringed musical instruments that
also serve as a peripheral to a computer or computing
device.
10
BACKGROUND OF THE INVENTION
Stringed musical instruments are commonly amplified by
attaching an electronic transducer to the face or top of the
instrument so that the transducer lies under the strings or 15
inside the body of such instrument. The electronic transducer picks up the vibrations of the strings and transfers the
energy in the form of an analog electrical signal. The
electrical signal -is then commonly output to a musical
instrument amplifier which contains speakers and amplifiers 20
to increase the electronic signal. The amplifier, depending
upon its own features, adds various tones and effects via a
preamplifier.
With the proliferation of personal computers and computing devices, musicians of all levels are frequently 25
employing software on their computers and computing
devices for many purposes including multi-track recording,
editing, mastering, adding effects, composing, remixing,
film scoring, and creating notation for musical instrument
education and publishing exploitation. Furthermore, with 30
the vast resources available on the Internet, musicians are
able to use online music forums and online software to
enhance, share and publish their musical performances.
While traditional musical instruments are designed to be
readily used in a recording or live venue or other concert 35
setting, these instruments are ill-equipped for usage with
personal computers. Furthermore, traditional stringed instruments which transmit analog signals have disadvantages
because the electric signal is subject to various degrees of
output. degradation and distortion.
40
In order to overcome these obstacles, there have been
prior art electrical guitars designed with hexaphonic pickups
which send Musical Instrument Digital Information
("MIDI") signals ai a computer. These musical instruments
allow musicians to connect their instrument to a computer 45
and for the computer to recognize the signals generated.
However, MIDI signals are "command" signals, and the
resulting sound rendered by the instrument is not always an
accurate representation of the original sound generated by
the musician's performance as translated to the stings of the 50
musical instrument. In addition, tracking, or the simultaneous response from the musician's performance in triggering a sound thmugh M 1 1)I. often results in a time lag or a
lack of accurate tracking.
Furthermore, many IvITDI guitars require an external 55
device which converts the electronic signal from the hexaphonic pickup into a MIDI signal. In these systems, the MDI
signals generated by the external interface device are then
sent from the ex:ernal interface device to the computer.
These systems have disadvantages because they require a o
relatively sophisticated external device which adds expense
and which are frequently difficult to operate and cambersome for the musician to use. Such external devices add
more connections to the system of performance.
In order to send a more faithful representation of the 65
sound from the masical instrument's strings to the personal
computer, prior an devices have been developed wherein an
interface device converts the analog electrical signal to a
digital signal. For example, Patent Application No. 20031
0159570 (the "570 Application") discloses a digital interface
for analog musical instruments that can be detachably
mounted on the instrument wherein proper placement is
crucial for accurate performance or undetachably integrated
in the musical instrument body. The interface apparatus
involved in the 570 Application converts the analog signal
generated by the musical instrument into a digital signal.
The interface apparatus then has connections to be able to
connect into a personal computer allowing for the transmission of such digital data directly to the personal computer.
While these prior art devices can enable a musical instrument player to send an accurate representation of the initial
electrical signal from the instrument pickup device to a
personal computer, the disadvantage of these prior art
devices is that it is difficult for the computer to recognize the
information sent from the musical instrument in order to be
able to process such information effectively. The musician
requires specific drivers to be installed to allow the computer
to recognize the information that is being sent from the
musical instrument. P'urthermore, the majority of the most
popular musical instrument software programs do not recognize these prior art instruments without first naming
specific programs or "patches" for the prior art instruments.
The installation of software can be time consuming and
complicated. Driver software often does not record the
signal properly. Moreover, many patches or programs to
allow these musical instruments to be properly recognized
by a personal computer or a specific software application
have not been created_ Therefore, a disadvantage to the prior
art devices is that a musical instrument player is often
limited in the availability of software programs to use in
connection with a prior art device.
Another disadvantage of the prior art devices is that it is
often expensive to purchase additional software allowing the
computer to recognize the guitar signals. Additionally, the
installation of these programs can be complicated. Further.
even upon successful installation, the user can still experience compatibility problems which can lead to errors within
the computer and the software applications.
In addition, Patent Application No. 2004/0144241 (the
"241 Application") relies almost entirely on an outboard
device that will split the signal from the guitar. This outboard
device, often called a "breakout box," only makes more
complex the number of wiring connections necessary, while
adding cost and the possibility of signal quality toss and/or
output volume loss.
Accordingly, it is an object of the present invention to
provide a stringed musical instrument device that overcomes
the above-mentioned drawbacks and disadvantages.
SUMMARY OF THE INVENTION
The present invention is embodied in a musical instrument device which is designed to overcome the prior issues
and thus be accurately connected to a computer or computing device and to be instantly and accurately recognized by
the computer or computing device. The musical instrument
contains electronic transducers situated under the strings
and/or inside the body. The electronic transducers pick up
the vibrations from the instrument strings and/or the vibrations from the instrument body in order to produce an analog
electrical signal that is accurately representative of such
vibrations. The device has an apparatus integrated wholly
inside the insturaent containing an analog-to-digital converter. This apparatus also contains output protocols that are
Case 7:14-cv-07275-CS Document 1 Filed 09/09/14 Page 17 of 31
US 7,241,948 B2
3
4
designed to send the digital information to a computer,
FIG. 4 is a side view of a class compliant 1.5513 output port
computing device or other external device. These "digital
mounted on a guitar in accordance with the present invenout" protocols are configured for protocols widely used in
tion.
connection with communications between a peripheral and
a computer or computing device. These protocols include 5
DETAILED DESCRIPTION OF THE
PREFERRED EMBODIMENTS
Universal Serial Bus, FireWire-IEEE 1394, MIDI, 13pin,
IEEE 802.11 wireless, and Bluetootle wireless.
With reference to FIG. 1., an electric guitar embodying
In a first aspect of the present invention, a stringed
the present invention is indicated generally by the reference
musical instrument device functioning as a peripheral for a
computer or computing device comprises a body having a m number 10. Although the present invention will be described
with respect to a guitar, it should be understood that the
soundboard and a neck extending from the body. At least one
present invention is applicable to other stringed instruments
siring extends over a portion of the body and the neck. A
including, but not limited to, violins, violas, basses and
piezo bridge is mounted on the body for providing a lower
mandolins.
contact point with the string. At least one electronic transducer is coupled to the body for converting vibrations of the 15 The electric guitar 10 comprises a body 12 connected to
a neck 14. The neck 14 is preferably made of wood or a
string and/or the body into analog electrical signals. At least
related material which is suitable to withstand continual
one analog-to-digital converter communicates with the elecstring pull without warping or twisting. The neck 14 has a
tronic transducer for converting the analog electrical signals
headstock 16 which supports tuning machines 18. The
into digital signals. A digital signal processing system communicates with the analog-to-digital converter for convert- 20 tuning machines 18 hold strings 20. The strings 20 are strong
at tension and extend from a fixed point at the neck 14 to a
ing the digital signals into line level signals such as, for
lower string contact The neck 14 is mated with a frelboard
example, universal serial bus (USB) signals having a format
22 which is preferably made of a hard substance such as
directly compatibv with protocols associated with input
rosewood, ebony, or a reinforced polymer that should be
ports of a computer or computing device.
In a second aspect of the present invention, an electric 25 strong enough and stable enough to hold metal frets and
withstand playing wear. The body 12 is preferably made of
guitar comprises a body having a soundboard and a neck
a known tonewctod, such as spruce, cedar, airier, mahogany,
extending from the body. At least one string extends over a
koa, basswood, or other acoustically resonant materials such
portion of the body and the neck. A piezo bridge is mounted
as wot id laminates, organic composite plastic and/or metals
on the body for providing a lower contact point with the
string. At least one piezo pickup is associated with the piezo 30 or any combination of the same.
The guitar 10 further comprises a bridge assembly 24,
bridge for converting vibrations of the string and/or the body
including an electronic transducer 26 that transfers the
into analog electrical signals. At least one magnetic pickup
vibration of the strings 20 to a bridge or piezo bridge 28,
is coupled to the body for converting vibrations of the string
attached to the body 12 and made from metal, plastic or a
and/or the body into analog electrical signals. At least one
analog-to-digital converter communicates with the piezo 35 hardwood such as ebony, rosewood, or a suitably hard
acoustically sound material. The bridge or pier.° bridge 28
pickup and the magnetic pickup for converting the analog
provides a contact point to fixably secure the strings 20.
electrical signals into digital signals. A digital signal processing system communicates with the analog-to-digital
The body 12 includes a plurality of magnetic pickups 30
converter for converting the digital signals into line level
at a base of the neck 14, and in the middle of the body 12,
signals such as, for example, USB signals having a format an all of which generate analog electrical signals from vibration
of the strings 20 and/or the body 12. The analog electrical
directly compatible with protocols associated with input
signals are transferred to an internal digital signal processing
ports of a computer or computing device.
system such as, for example, the system to be explained
In a third aspect of the present invention, an acoustic
below with reference to 110. 3. The digital signal processing
guitar comprises a body having a soundboard and a neck
extending from the body. At least one string extends over a 45 system has an output to transfer a digital signal to an output
port located on the guitar 10 such as a Universal Serial Bus
portion of the body and the neck. A pinto bridge is mounted
(USB) output port anchor a FireWire output port and/or a
on the body for providing a lower contact point with the
13-pin output port and/or a IEEE 802.11 wireless transmitter
string. At least one piezo pickup is associated with the piezo
and/or a Blue-tooth& wireless transmitter. Moreover, the
bridge for converting vibrations of the string and/or the body
into analog electrical signals. At least one analog-to-digital so guitar 10 also includes a conventional stereo 1/4" phono jack
output port. Preferably, the at least one output port is
converter communicates with the piezo pickup for convertmounted inside the body 12 or the neck 14 and includes
ing analog electrical signals into digital signals. A digital
signal processing system communicates with the analog-toexternal access. As shown in FIG. 4, for example, a guitar
300 embodying the present invention has a body 302 and a
digital converter for converting the digital signals into line
level signals such as, for example, USB signals having a 55 class compliant USB output port 304 mounted inside the
format directly compatible with protocols associated with
body 302 and including external access.
input ports of a computer or computing device.
With reference to FIG. 2., an acoustic guitar embodying
the present invention is indicated generally by the reference
BRIEF DESCRIPTION OF THE. DRAWINGS
number 100. The guitar 100 comprises a generally hollow
so body 102 preferably made of a resonant material. The body
FIG. 1 is a top plan view of an electric guitar embodying
102 is connected to a neck 104. The neck 104 is preferably
the present inventon.
made of wood or a related material which is suitable to
FIG. 2 is a top plan view of an acoustic guitar embodying
withstand continual string pull without warping or twisting.
the present invent,on.
The neck 104 has a headstock 106 which supports tuning
FIG. 3 is a schematic block diagram of an electronic ss machines 108. The tuning machines 108 hold strings 110.
processing section of a guitar in accordance with the present
The strings 110 are strung at tension and extend from a fixed
invention.
point at the neck 104 to a lower string contact. The neck 104
Case 7:14-cv-07275-CS Document 1 Filed 09/09/14 Page 18 of 31
US 7,241,948 B2
5
is mated with a fretboard 112 which is preferably made of a
hard substance such as rosewood, ash, maple, ebony, a
reinforced polymer, or other organic or synthetic material
that should be strong enough and stable enough to hold
metal frets and withstand playing wear. The guitar 110
further comprises a soundboard 114 preferably made of a
known tonearood, such as spruce, cedar, alder, mahogany,
koa, basswood, or other acoustically resonant materials such
as wood laminates, =bon fiber, organic composites, plastics and/or metals or any combination of the same.
The top, sides and back of the soundboard 114 from a
resonant chamber. The soundboard 114 defines a sound hole
116, which can be round, oval, or aesthetically shaped_ A
bridge 118 is attached to the soundboard 114 and serves as
a contact point to tixably secure the strings 110. The bridge
118 is preferably made from a hardwood such as ebony or
rosewood, hard plastic, or a suitably hard acoustically sound
material. A piezo pickup 120 is inserted into the bridge 118
and generates analog electrical signals from vibration of the
strings 110 and/or the body 102. The analog electrical
signals are transferred to a digital signal processing system
200 as will be explained with reference to FIG. 3. The digital
signal processing systeul has an output to transfer a digital
signal to an output port located on the guitar 100 such as a
Universal Serial Bus (USB) output port and/or a FireWire
output port and/or a 13-pin output port and/or a lEt iii 802.11
wireless transmitter and/or a Bluetooth wireless transmitter. Moreover, the guitar 110 also includes a conventional
stereo 1/4" phono jack output port. Preferably, the at least one
output port is mounted inside the body 102 or the neck 104
and includes external access.
As shown in FIG. 3, an example of a digital signal
processing system for processing stereo signals generated by
the strings of guitars, such as the guitars illustrated in FIGS.
1 and 2, is indicated generally by the reference number 200.
The system 200 has a first stereo channel inducting magnetic
gain amplifier 202 having a magnetic input 204 for receiving
analog electrical signals generated from magnetic pickups,
and an output 205 for carrying amplified analog signals for
further processing. The system 200 has a second stereo
channel including a piezo gain amplifier 206 includes an
input 208 for receiving analog electrical signals generated
from a piezo pickup, and an output 209 for carrying amplified analog signals for further processing.
The above-mentioned analog electrical signals are further
processed via a digital signal processor indicated generally
by the reference number 210. The processor 210 includes an
oscillator and phase-locked loop (PLL) 212 for receiving a
clocked signal, a first analog-to-digital converter 214, a
second analog-to-digital converter 216, an audio processing
unit 218, an audio streaming interface 220, a flash memory
222, a controller 224, a USB engine 226, a programmable
human interface 228 reserved for future growth, a programmable control 230 reserved for future growth, a USB transceiver 232, an EEPROM interface 234. an EEPROM 236
and a USB output connector 238. Examples of digital signal
processors include, but are not limited to, the Micronas LTAC
3556 Universal Serial Bus Codec, the A.KM AK5371 Two
Channel A/D Converter with USB Interface, the ARM AK
4571 USB Interface Audio Oadec, and the Analog Devices
ADSP-2184 DSP Microcontroller.
The first analog-to-digital converter 214 has an input
coupled to the output 209 of the piezo gain amplifier 206,
and the second analog-to-digital converter 216 has an input
coupled to the output 205 of the magnetic gain amplifier
202. An output of the first analog-to-digital converter 214 is
coupled to a first input of the audio processing unit 218.
6
Likewise, an output of the second analog-to-digital converter 216 is coupled to a second input of the audio processing unit 218. The audio processing unit 218 is bidirectionally coupled to the audio streaming interface 220.
5 Moreover, the audio streaming interface 220 is bidirectionally coupled to the controller 224. The controller 224 is itself
bidirectionally coupled to the flash memory 222, the programmable human interface 228, the programmable control
230, the USB engine 226, and the EEPROM interface 234.
In The USB Engine 226 has a first output coupled to the
programmable human interface 228, a second output
coupled to the programmable control 230, and is also
bidirectionally coupled to the USB transceiver 232. The
EEPROM interface 234 is bidirectionally coupled to the
is EEPROM 236. The USB transceiver 232 is bidirectionally
coupled to the IJSB output connector 238.
In operation, audio electrical analog electrical signals
originating from playing a guitar or other stringed instrument are generated from piezo pickups and/or magnetic
20 pickups. The audio analog electrical signals are amplified by
the magnetic gain amplifier 202 and the piezo gain amplifier
206. The amplified analog signals are converted into digital
signals by the first and the second analog-to-digital converters 214, 216. The digital signals are received and processed
25 by the audio processing unit 218 in conjunction with the
audio streaming interface 220. The digital signal processing
system 200 is configured to process sampling rates such as,
but not limited to, at least 48 kHz for 16 bit digital information and at least 96 kHz for 24 bit digital information. The
30 controller 224, receiving instructions from the programmable human interface 228 and the programmable control
230, receives streaming digital signals from the audio
streaming interface 220 and directs the digital signals to the
USE engine 226. The USB engine 226 converts the received
15 signals into USE digital signals for serial transmission under
USE protocols. The USE signals are sent from the USE
engine 226 to the USE transceiver 232 for transmission via
a USE output connector 238 to another device such as a
computer or other computing device (not shown) in class
40 compliant USE signal format, and includes streaming audio
and MIDI data for recording or other digital processing or
manipulation via conventional music digital signal processing software such as, for example, GarageBandTm by Apple
Computer, Inc.
45
In sum, the present invention requires no external power,
amplification, analog-to-digital conversion, software or
hardware. The present invention is an improvement over the
prior art in that it accurately and immediately represents on
a computer or computing device the signal that is being sent
50 from an instrument and reduces the number of devices
needed to accomplish the task of sending a digital signal to
a computer or computing device.
As will be recognized by those of ordinary skill in the
pertinent art, numerous modifications and substitutions can
55 be made to the above-described embodiment of the present
invention without departing from the scope of the invention.
Accordingly, the preceding portion of this specification is to
be taken in an illustrative, as opposed to a limiting sense.
a What is claimed is:
1. A stringed musical instrument device that also functions as a peripheral for a computer or comparing device,
comprising:
a body having a soundboard;
65 a neck extending from the body;
at least one string extending over a portion of the body
and the neck;
Case 7:14-cv-07275-CS Document 1 Filed 09/09/14 Page 19 of 31
US 7,241,948 B2
7
a piezo bridge mounted on the body for providing a lower
contact point with the siting;
at least one electronic transducer coupled to the body and
configured for converting at least one of vibrations of
the at least one string and the body into analog electrical signals;
at least one analog-to-digital converter communicating
with the at least one electronic transducer and configured for converting the analog electrical signals into
digital signals;
a digital signal processing system communicating with
the at least one analog-to-digital converter and configured for converting the digital signals into line level
signals having a USB signal format for coupling, via a
USB connector, to USB input ports of a computer or
computing device, the digital signal processing system
including an engine configured for converting audio
signals into class compliant USB signal format including streaming audio and MIDI data; and
wherein said at feast one analog-to-digital converter and
digital signal processing system are configured to be
powered by said computer or computing device via said
USB connector 2. A stringed musical instrument device as defined in
claim 1. further comprising an output port communicating
with the digital signal processing system.
3. A stringed musical instrument device as defined in
claim 1, wherein the at least one electronic transducer
includes at least one piezo pickup.
4. A stringed musical instrument device as defined in
claim 1, wherein the at least one elecironic transducer
includes at least one magnetic pickup.
5. A stringed musical instrument device as defined in
claim 1 wherein the at least one electronic transducer
includes at least one piezo pickup and at least one magnetic
pickup.
6. A stringed musical instrument device as defined in
claim 1, wherein the digital signal processing system
includes an engine configured for converting digital signals
into a FireWire signal format.
7. A stringed musical instrument device as defined in
claim 1, wherein the digital signal processing system
includes an engine configured for converting digital signals
into a 13-pin signal forrnat.
8. A stringed musical instrument device as defined in
claim 1, wherein the digital signal processing system
includes an engine configured for converting digital signals
into an IEEE 802.11 wireless signal format.
9. A stringed musical instrument device as defined in
claim 1. wherein the digital signal processing system
includes an engine configured for converting digital signals
into a Bluetooth® wireless signal format.
10. A stringed musical instrument device as defined in
claim 1, wherein at least one of the body and the neck
defines at least one output port communicating, with the
digital signal processing system and configured for enabling
the line level signals to be conveyed to a computer or
computing device.
11. A stringed musical instrument device as defined in
claim 10, wherein the at least one output port includes a
stereo 1/4" phono jack output port and a class compliant USB
output port.
12. A stringed musical instrument device as defined in
claim 1, wherein the digital signal processing system is
configured to process at a sampling rate of at least 48 kHz
for 16 bit digital information.
8
13. A stringed musical instrument device as defined in
claim 1, wherein the digital signal processing system is
configured to process at a sampling rate of at least 96 Idlz
for 24 bit digital information.
5
14. An electric guitar comprising;
a body having a soundboard;
a neck extending from the body;
at least one string extending over a portion of the body
and the neck;
In a piezo bridge mounted on the body for providing a lower
contact point with the string;
at least one piezo pickup associated with the piezo bridge
and configured for converting at least one of vibrations
of the at least one string and the body into analog
15
electrical signals;
at least one magnetic pickup coupled to the body and
configured for converting at least one of vibrations of
the at least one string and the body into analog electrical signals;
20
at least one analog-to-digital converter communicating
with the at least one piezo pickup and the at least one
magnetic pickup, and configured for converting the
analog electrical signals into digital signals; and
a
digital
signal processing system communicating with
25
the at least one analog-to-digital converter and configured for converting the digital signals into line level
signals having a class compliant USB signal format
including streaming audio and MDI data for coupling,
via a USB connector, to an input port of a computer or
30
computing device.
15. An acoustic guitar comprising:
a body having a soundboard;
a neck extending from the body;
35
at least one string extending over a portion of the body
and the neck;
a piezo bridge mounted on the body for providing a lower
contact point with the string;
at least one piezo pickup associated with the piezo bridge
4n and configured for converting at !east one of vibrations
of the at least one string and the body into analog
electrical signals;
at least one analog-to-digital converter communicating
with the at least one piezo pickup and configured for
45
converting the analog electrical signals into digital
signals; and
a digital signal processing system communicating with
the at least one analog-to-digital converter and configured for converting the digital signals into line level
50
signals having a class compliant USI3 signal format
including streaming audio and MIDI data for coupling,
via a USB connector, to an input port of a computer or
computing device.
16.
A stringed musical instrument device that also func55
tions as a peripheral for a computer or computing device,
comprising:
a body having a sounelboard;
a neck extending from the body;
so at least one string extending over a portion of the body
and the neck;
a bridge mounted on the body for providing a lower
contact point with the string;
at least one electronic transducer coupled to the body and
ss configured for converting at least one of vibrations of
the at least one string and the body into analog electric
signals;
Case 7:14-cv-07275-CS Document 1 Filed 09/09/14 Page 20 of 31
US 7,241,948 B2
9
at least one analog-to-digital converter communicating
with the at least one electronic transducer and configured for converting the analog electric signals into
digital signals; and
a digital signal pmcessing system communicating with 5
the at least one analog-to-digital converter and configured for converting the digital signals into line level
signals having a class compliant USB signal format
including streaming audio and MIDI data for coupling,
via a HSI'S connector, loan input port of a computer or 10
computing device.
17. A stringed musical instrument device that also functions as a peripheral for a computer or computing device,
comprising:
13
a body having a soundboard;
a neck extending from the body;
at least one string extending over a portion of the body
and the neck
a bridge mounted on the body for providing a lower
contact point with the string;
10
at least one electronic transducer coupled to the body and
configured for converting at least one of vibrations of
the at least one string and the body into analog electric
signals;
at least one analog-to-digital converter communicating
with the at least one electronic transducer and configured for converting the analog electric signals into
digital signals; and
a digital signal processing system communicating with
the at least one analog-to-digital converter and configured for converting the digital signals into line level
signals having a class compliant wireless USB signal
format including streaming audio and MIDI data for
communicating with an input port of a computer or
computing device.
Case 7:14-cv-07275-CS Document 1 Filed 09/09/14 Page 21 of 31
▪▪
Case 7:14-cv-07275-CS Document 1 Filed 09/09/14 Page 22 of 31
11111111111111 1111111111111111 hO 1111111 11111
US007563977B2
(12)
United States Patent
Cummings
(54) STRINGED MUSICAL INSTRUMENT DEVICE
2006/0107826 Al " 5/2006
2006/0196343 Al* 9/2006
2006/0196348 Al* 9/2006
2007/0227344 AI* 10/2007
(75) Inventor: Patrick G. Cummings, Putnam Valley,
NY (US)
(73) Assignee: iGuitar, Inc., Cold Spring, NY (US)
( * ) Notice:
US 7,563,977 B2
*Jul. 21, 2009
(10) Patent No.:
(45) Date of Patent:
Knapp et al.
Yung
Cummings
Ryle et al.
841724
84/470R
84/731
84/723
2007/0256551 Al * 11/2007 Knapp et al.
84/722
Subject to any disclaimer, the term of this
patent is extended or adjusted under 35
U.S.C. 154(6) by 85 days.
* cited by examiner
This patent is subject to a terminal disclaimer.
Primary Examiner--Marlon T Fletcher
(74) Attorney Agent, or Pin's—McCormick. Paulding a
Huber LLP
(21) Appl. No.: 11/774,756
(57)
(22) Filed:
(65)
Prior Publication Data
US 2008/0047416 Al
A stringed musical instrument device that functions as a
peripheral fora computer or computing device, whereby electronic transducers placed inside and/or outside the instrument
convert the vibrations of the strings and/or the instrument
body from an analog electrical signals to digital signals. The
digital signals are then transmitted via Class Compliant USIA
and/or FireWire-IEEE 1394 and/or IEEE 802.11 wireless
and/or Bluetooth® wireless protocols to any computer or
computing device that accepts data via those protocols. 'Ibis
device requires no external power, amplification. analog-todigital conversion, software or hardware. This device is an
improvement over the prior art in that it accurately and immediately represents on a computer or computing device the
signals that are being sent from the instrument and rechwes the
number of devices needed to accomplish the task of sending
digital signals to a computer or computing device.
Feb. 28,2008
Related U.S. Applkation Data
(63) Continuaticn of application No. 11/072,545, filed on
Mar. 3.2005, now Pat. No. 7,241,948.
(51) Int. Cl.
GIOH IAM
(2006.01)
841735; 84/723; 84/726;
84/730; 84/731; 84/743
(58) Field of Classification Search
None
See application file for complete search history.
(52)
(56)
ABSTRACT
Jul. 9, 2007
U.S. Cl.
References Cited
U.S. PATENT DOCUMENTS
6,995,311 82* 2/2006 Stevenson
17 Claims, 3 Drawing Sheets
84/737
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Case 7:14-cv-07275-CS Document 1 Filed 09/09/14 Page 23 of 31
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Jul. 21, 2009
US 7,563,977 B2
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Jul. 21, 2009
Sheet 2 of 3
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Case 7:14-cv-07275-CS Document 1 Filed 09/09/14 Page 26 of 31
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Jul. 21, 2009
Sheet 3 of 3
US 7,563,977 B2
Case 7:14-cv-07275-CS Document 1 Filed 09/09/14 Page 27 of 31
US 7,563,977 B2
1
2
STRINGED MUSICAL INSTRUMENT DEVICE
In order to send a more faithful representation ofthe sound
from the musical instrument's strings to the personal computer, prior art devices have been developed wherein an interface device converts the analog electrical signal to a digital
signal. For example, Patent Application No. 2003/0159570
(the "570 Application") discloses a digital interface for analog musical instruments that can be detachably mounted on
the instrument wherein proper placement is crucial for accurate performance or undetachably integrated in the musical
instrument body. The interface apparatus involved in the 570
Application converts the analog signal generated by the musical instrument into a digital signal. The interlace apparatus
then has connections to be able to connect into a personal
computer allowing for the transmission of such digital data
directly to the personal computer.
While these prior art devices can enable a musical instrument player to send an accurate representation of the initial
electrical signal from the instrument pickup device to a personal computer, the disadvantage of these prior art devices is
that it is difficult for the computer to recognize the information sent from the musical instrument in order to be able to
process such information effectively. The musician requires
specific drivers to be installed to allow the computer to recognize the information that is being sent from the musical
instrument. Furthermore, the majority of the most popular
musical instrument software programs do not recognize these
prior art instruments without first running specific programs
or "patches" for the prior ad instruments.
The installation of software can be time consuming and
complicated_ Driver software often does not record the signal
properly. Moreover, many patches or programs to allow these
musical instruments to be properly recognized by a personal
computer or a specific software application have not been
created. Therefore, a disadvantage to the prior art devices is
that a musical instrument player is often limited in the availability of software programs to use in connection with a prior
art device.
Another disadvantage of the prior art devices is that it is
often expensive to purchase additional software allowing the
computer to recognize the guitar signals. Additionally, the
installation of these programs can be complicated. Further,
even upon successful installation, the user can still experience
compatibility problems which can lead to errors within the
computer and the software applications.
In addition, Patent Application No. 2004/0144241 (the
"241 Application") relies almost entirely on an outboard
device that will split the signal from the guitar. This outboard
device, often called a "breakout box," only makes more complex the number of wiring connections necessary, while adding cost and the possibility of signal quality loss and (or
output volume loss.
Accordingly, it is an object of the present invention to
provide a stringed musical instrument device that overcomes
the above-mentioned drawbacks and disadvantages.
This is a continuation application of application Ser. No.
11/072,545, filed on Mar. 3, 2005, now U.S. Pat. No. 7,241,
948 the disclosure of which is hereby incorporated by reference in its entirety
FIELD OF THE INVENTION
This invention relates generally to musical instruments,
and more particularly to stringed musical instruments that
also serve as a peripheral to a computer or computing device.
10
BACKGROUND OF THE INVENTION
15
Stringed musical instruments arc commonly amplified by
attaching an electronic transducer to the face or top of the
instrument so that the transducer lies under the strings or
inside the body of such instrument. The electronic transducer
picks up the vibrations of the strings and transfers the energy 20
in the form of an analog electrical signal. The electrical signal
is then commonly output to a musical instrument amplifier
which contains speakers and amplifiers to increase the electronic signal. The amplifier, depending upon its own features,
25
adds various tones and effects via a preamplifier.
With the proliferation of personal computers and computing devices, musicians of all levels are frequently employing
software on their computers and computing devices for many
purposes including multi-track recording, editing, mastering, 30
adding effects, composing, remixing, film scoring, and creating notation for musical instrument education and publishing exploitation. Furthermore, with the vast resources available on the Internet, musicians are able to use online music
forums and online software to enhance, share and publish 35
their musical performances.
While traditional musical instruments are designed to be
readily used in a recording or live venue or other concert
setting, these instruments are ill-equipped for usage with
personal computers. Furthermore, traditional stringed instru- 40
ments which transmit analog signals have disadvantages
because the electric signal is subject to various degrees of
output, degradation and distortion.
In order to overcome these obstacles, there have been prior
art electrical guitars designed with hexaphonic pickups which 45
send Musical Instrument Digital Information ("MIDI") signals to a computer. These musical instruments allow musicians to connect their instrument to a computer and for the
computer to recognize the signals generated. However, MIDI
signals are "command" signals, and the resulting sound run- 50
dered by the instrument is not always an accurate representation of the original sound generated by the musician's performance as translated to the strings of the musical
instrument. In addition, tracking, or the simultaneous
response from the musician's performance in triggering a 55
sound through MED1, often results in a time lag or a lack of
accurate tracking.
Furthermore, many IVEIDI guitars require an external
device which converts the electronic signal from the hexaphonic pickup into a MIDI signal. In these systems, the MIDI so
signals generated by the external interface device are then
sent from the exteraal interface device to the computer. These
systems have disadvantages because they require a relatively
sophisticated external device which adds expense and which
are frequently difficult to operate and cumbersome for the sa
musician to use. Such external devices add more connections
to the system of performance_
SUMMARY OF THE INVENTION
The present invention is embodied in a musical instrument
device which is designed to overcome the prior issues and
thus be accurately connected to a computer or computing
device and to be instantly and accurately recognized by the
computer or computing device. The musical instrument contains electronic transducers situated under the strings and/or
inside the body. The electronic transducers pick up the vibrations from the instrument strings and/or the vibrations from
the instrument body in order to produce an analog electrical
signal that is accurately representative of such vibrations. The
Case 7:14-cv-07275-CS Document 1 Filed 09/09/14 Page 28 of 31
US 7,563,977 B2
3
4
device has an apparatus integrated wholly inside the instmFIG. 3 is a schematic block diagram of an electronic promeat containing an analog-to-digital converter. This apparacessing section of a guitar in accordance with the present
tus also contains output protocols that are designed to send the
invention.
digital information to a computer, computing device or other
FIG. 4 is a side view of a class compliant USE output port
external device. These "digital out" protocols are configured s mounted on a guitar in accordance with the present invention.
for protocols widely used in connection with communicaDETAILED DESCRIPTION OF THE PREFERRED
tions between a peripheral and a computer or computing
EMBODIMENTS
device. These protocols include Universal Serial Bus,
FireWire-IEEE 1394, MIDI, 13pin, IEEE 802.11 wireless,
and Eluetoothee wireless.
With reference to FIG. 1., an electric guitar embodying the
10
present invention is indicated generally by the reference =DaIn a first aspect of the present invention, a stringed musical
her 10. Although the present invention will be described with
instrument device functioning as a peripheral for a computer
respect to a guitar, it should be understood that the present
or computing device comprises a body having a soundboard
invention is applicable to other stringed instruments includand a neck extending from the body. At least one string
extends over a portion of the body and the neck. A piezo is ing, but not limited to, violins, violas, basses and mandolins.
The electric guitar 10 comprises a body 12 connected to a
bridge is mounted on the body for providing a lower contact
neck 14. The neck 14 is preferably made of wood or a related
point with the string. At least one electronic transducer is
material which is suitable to withstand continual string pull
coupled to the body for converting vibrations of the string
without warping or twisting. The neck 14 has a headstock 16
and/or the body into analog electrical signals. At least one
analog-to-digital converter communicates with the electronic 20 which supports tuning machines 18. The tuning machines 18
hold strings 20. The strings 20 arc strung at tension and extend
transducer for converting the analog electrical signals into
from a fixed point at the neck 14 ton lower string contact The
digital signals. A digital signal processing system communineck 14 is mated with a fretboard 22 which is preferably made
cates with the analog-to-digital converter for converting the
of a hard substance such as rosewood, ebony, or a reinforced
digital signals into line level signals such as, for example,
universal serial bus (USE) signals having a format directly 25 polymer that should be strong enough and stable enough to
hold metal frets and withstand playing wear. The body 12 is
compatible with protocols associated with input ports of a
preferably made of a known tonewood, such as spruce, cedar,
computer or computing device.
alder, mahogany, koa, basswood, or other acoustically resoIn a second aspect of the present invention, an electric
nant materials such as wood laminates, organic composite
guitar comprises a body having a soundboard and a neck
extending from the body. At least one string extends over a so plastic and/or metals or any combination of the same.
The guitar 10 further comprises a bridge assembly TA,
portion of the body and the neck. A piezri bridge is mounted
including an electronic transducer 26 that transfers the vibraon the body for providing a lower contact point with the
tion of the strings 20 to a bridge or piezo bridge 28, attached
string. At least one piezo pickup is associated with the piezo
to the body 12 and made from metal, plastic or a hardwood
bridge for converting vibrations of the string and/or the body
into analog electrical signals. At least one magnetic pickup is 35 such as ebony, rosewood, or a suitably hard acoustically
sound material. The bridge or pinto bridge 28 provides a
coupled to the body for convening vibrations of the string
contact point to fixably secure the strings 20.
and/or the body into analog electrical signals. At least one
The body 12 includes a plurality of magnetic pickups 30 at
analog-to-digital converter communicates with the piezo
a base of the neck 14, and in the middle of the body 12, all of
pickup and the magnetic pickup for converting the analog
electrical signals into digital signals. A digital signal process- 40 which generate analog electrical signals from vibration of the
strings 20 and/or the body 12. The analog electrical signals
ing system communicates with the analog-to-digital converter for coriverting the digital signals into line level signals
are transferred to an internal digital signal processing system
such as, for example, the system to be explained below with
such as, for example, USE signals having a format directly
reference to FIG. 3. The digital signal processing system has
compatible with protocols associated with input ports of a
computer or computing device.
45 an output to transfer a digital signal to an output port located
on the guitar 10 such as a Universal Serial Bus (USE) output
Inn third aspect of the present invention, an acoustic guitar
port and/or a FireWire output port and/or a 13-pin output port
comprises a body having a soundboard and a neck extending
and/or a IEEE 802.11 wireless transmitter and/or a Bluefrom the body. At least one string extends over a portion ofthe
tooth* wireless transmitter. Moreover, the guitar 10 also
body and the neck. A piezo bridge is mounted on the body for
providing a lower contact point with the string. At least one so includes a conventional stereo 'A" phono jack output port.
Preferably, the at least one output port is mounted inside the
piezo pickup is associated with the piezo bridge for convertbody 12 or the neck 14 and includes external access. As
ing vibrations of the string and/or the body into analog elecshown in FIG. 4, for example, a guitar 300 embodying the
trical signals. At least one analog-to-digital converter compresent invention has a body 302 and a class compliant USB
normicates with the piens pickup for converting the analog
electrical signals into digital signals. A digital signal process- 55 output port 304 mounted inside the body 302 and including
external access.
ing system communicates with the analog-to-digital converter for converting the digital signals into line level signals
With reference to FIG. 2, an acoustic guitar embodying the
such as, for example, USE signals having a format directly
present invention is indicated generally by the reference numcompatible with protocols associated with input ports of a
ber 100. The guitar 100 comprises a generally hollow body
computer or computing device.
60 102 preferably made of a resonant material. The body 102 is
connected to a neck 104. The neck 104 is preferably made of
BRIEF DESCRIPTION OF THE DRAWINGS
wood or a related material which is suitable to withstand
continual string pull without warping or twisting. The neck
FIG.1 is a top plan view ofan electric guitar embodying the
104 has a headstock 106 which supports tuning machines
present invention.
65 108. The toning machines 108 hold strings 110. The strings
FIG. 2 is a top plan view of an acoustic guitar embodying
110 are strung at tension and extend from a fixed point at the
the present invention.
neck 104 to a lower string contact. The neck 104 is mated with
Case 7:14-cv-07275-CS Document 1 Filed 09/09/14 Page 29 of 31
US 7,563,977 B2
5
6
a fietboard 112 which is preferably made of a hard substance
Likewise, an output of the second analog-to-digital converter
such as rosewcxxl, ash, maple, ebony a reiriforced polymer, or
216 is coupled to a second input of the audio processing unit
other organic or synthetic material that should be strong
218. The audio processing unit 218 is bidirectionally coupled
enough and stable enough to hold metal frets and withstand
to the audio streaming interface 220. Moreover, the audio
playing wear. The guitar 110 further comprises a soundboard 5 streaming interface 220 is bidirectionally coupled to the con114 preferably made of a known tonewood, such as spruce,
troller 224. The controller 224 is itselfbidirectionally coupled
cedar, alder, mahogany, koa, basswood, or other acoustically
to the flash memory 222, the programmable human interface
resonant materials such as wood laminates, carbon fiber,
228, the programmable control 230, the US!) engine 226, and
organic composites, plastics and/or metals or any combinathe EEPROM interface 234. The USB Engine 226 has a first
tion of the same.
to output coupled to the programmable human interface 228, a
The top, sides and back of the soundboard 114 form a
second output coupled to the programmable control 230, and
resonant chamber. The soundboard 114 defines a sound hole
is also bidirectionally coupled to the US!) transceiver 232.
116. which can be round, oval, or aesthetically shaped. A
The EEPROM interface 234 is bidirectionnlly coupled to the
bridge 118 is attached to the soundboard 114 and serves as a
EEPROM 236. The USB transceiver 232 is bidirectionally
contact point to fixably secure the strings 110. The bridge 118 15 coupled to the US!) output connector 238.
is preferably made from a hardwood such as ebony or roseIn operation, audio electrical analog electrical signals
wood, hard plastic, or a suitably hard acoustically sound
originating from playing a guitar or other stringed instrument
material. A piezo pickup 120 is inserted into the bridge 118
are generated from piezo pickups and/or magnetic pickups.
and generates analog electrical signals from vibration of the
The audio analog electrical signals are amplified by the magstrings 110 and/or the body 102. The analog electrical signals a) netic gain amplifier 202 and the piezo gain amplifier 206. The
are transferred to a digital signal processing system 200 as
amplified analog signals are converted into digital signals by
will be explained with reference to FIG. 3. The digital signal
the first and the second analog-to-digital converters 214, 216.
processing system has an output to transfer a digital signal to
The digital signals are received and processed by the audio
an output port located on the guitar 100 such as a Universal
processing unit 218 in conjunction with the audio streaming
Serial Bus (USB) output port and/or a FireWire output port 25 interface 220. The digital signal processing system 200 is
and/or a 13-pin output port and/or a IEEE 802.11 wireless
configured to process sampling rates such as, but not limited
transmitter and/or a B1uetooth0 wireless transmitter. Moreto, at least 48 Id Iz for 16 bit digital information and at least 96
over, the guitar 110 also includes a conventional stereo 3/4"
kHz for 24 bit digital information. The controller 224, receivphono jack output port. Preferably, the at least one output port
ing instructions from the programmable human interface 228
is mounted inside the body 102 or the neck 104 and includes 30 and the programmable control 230, receives streaming digital
external access.
signals from the audio streaming interface 220 and directs the
As shown in FIC-. 3, an example ofa digital signal processdigital signals to the US!) engine 226. The US!) engine 226
ing system for processing stereo signals generated by the
converts the received signals into US!) digital signals for
strings of guitars, such as the guitars illustrated in FIGS. land
serial transmission under US!) protocols. The US!) signals
2, is indicated generally by the reference number 200. The 35 are sent from the US!) engine 22610 the US!) transceiver 232
system 200 has a first stereo channel including magnetic gain
for transmission via a USB output connector 238 to another
amplifier 202 having a magnetic input 204 for receiving anadevice such as a computer or other computing device (not
log electrical signals generated from magnetic pickups, and
shown) for recording or other digital processing or manipuan. output 205 for carrying amplified analog signals for further
lation via conventional music digital signal processing softprocessing. The system 200 has a second stereo channel 40 ware such as, for example, (3arageBandTM by Apple Comincluding a piezo gain amplifier 206 includes an input 208 for
puter, Inc.
receiving analog electrical signals generated from a piezo
In sum, the present invention requires no external power,
pickup, and an outout 209 for carrying amplified analog sigamplification, analog-to-digital conversion, software or hardnals for further processing.
ware. The present invention is an improvement over the prior
The above-mentioned analog electrical signals are fluffier 45 art in that it accurately and immediately represents on a comprocessed vi a a digital signal processor indicated generally by
puter or computing device the signal that is being sent from an
the reference number 210. The processor 210 includes an
instrument and reduces the number of devices needed to
oscillator and phase-locked loop (PLL) 212 for receiving a
accomplish the task of sending a digital signal to a computer
clocked signal, a first analog-to-digital converter 214, a secor computing device.
ond analog-to-digital converter 216, an audio processing unit 50 As will be recognized by those of ordinary skill in the
218. an audio streaming interface 220, a flash memory 222, a
pertinent art, numerous modifications and substitutions can
controller 224, a US!) engine 226, a programmable human
be made to the above-described embodiment of the present
interface 228 reserved for future growth, a programmable
invention without departing from the scope of the invention.
control 230 reser. cid for future growth, a US!) transceiver
Accordingly, the preceding portion of this specification is to
232, an EEPROM interface 234, an EEPROM 236 and a USB 55 be taken in an illustrative, as opposed to a limiting sense.
output connector 238. Examples of digital signal processors
include, but are not limited to, the Micronas UAC 3556 UniWhat is claimed is:
versal Serial Bus Coffee, the ARM AK5371 Two Channel
1. A stringed musical instrument device that also functions
.A/D Converter with US!) Interface, the .AKM AK 4571 US!)
as
a
peripheral for a computer or computing device, comprisInterface Audio Codec, and the Analog Devices ADSP-2184
ing:
DSP Microcontrol ler
a body having a soundboard;
The first analog-to-digital converter 214 has an input
a neck extending from the body;
coupled to the output 209 of the piezo gain amplifier 206, and
at least one string extending over a portion of the body and
the second analog-to-digital converter 216 has an input
the neck;
coupled to the output 205 of the magnetic gain amplifier 202. 65
An output of the first analog-to-digital converter 214 is
a piezo bridge mounted on the body for providing a lower
coupled to a first input of the audio processing unit 218.
contact point with the string;
Case 7:14-cv-07275-CS Document 1 Filed 09/09/14 Page 30 of 31
US 7,563,977 B2
7
at least one electronic transducer coupled to the body and
configured for convertingat least one of vibrations of the
at least one siring and the body into analog electrical
signals;
at least one analog-to-digital converter communicating
with the at least one electronic transducer and configured for corn el-ling the analog electrical signals into
digital signals;
a digital signal processing system communicating with the
at least one analog-to-digital converter and configured
for converting the digital signals into line level signals
having a USB signal format for coupling, via a USB
connector, to USB input ports of a computer or computing device, the digital signal processing system including an engine configured for converting audio signals
into class compliant USB signal format including at
least one of streaming audio and MIDI data; and
wherein said at least one analog-to-digital converter and
digital signal processing system are configured to be
powered by said computer or computing device via said
USB connector.
2.A stringed musical instrument device as defined in claim
1, further comprising an output port communicating with the
digital signal processing system.
3. A stringed musical instrument device as defined in claim
1, wherein the at least one electronic transducer includes at
least one pi e70 pickup.
4.A stringed musical instrument device as defined in claim
1, wherein the at least one electronic transducer includes at
least one magnetic pickup.
5.A stringed musical instrument device as defined in claim
1 wherein the at least one electronic transducer includes at
least one piezo pickup and at least one magnetic pickup.
6.A stringed musical instrument device as defined in claim
1, wherein the digital signal processing system includes an
engine configured for converting digital signals into a
FireWire signal format.
7.A stringed musical instrument device as defined in claim
1, wherein the digital signal processing system includes an
engine configured 'or converting digital signals into a 13-pin
signal format.
8.A sninged musical instrument device as defined in claim
1, wherein the cligttal signal processing system includes an
engine configured for converting digital signals into an IEEE
802.11 wireless signal format.
9.A stringed musical instrument device as defined in claim
1, wherein the digital signal processing system includes an
engine configured for converting digital signals into a Bluetooth® wireless signal format.
10. A stringed musical instrument device as defined in
claim 1, wherein at least one of the body and the neck defines
at least one output port communicating with the digital signal
processing system and configured for enabling the line level
signals to be conveyed to a computer or computing device.
11. A stringed musical instrument device as defined in
claim 10, wherein the at least one output port includes a stereo
1/2" phone jack output port antis class compliant USI3 output
Port.
12. A stringed musical instrument device as defined in
claim 1, wherein the digital signal processing system is configured to process at a sampling rate of at least 48 kl-lz for 16
bit digital information.
13. A stringed musical instrument device as defined in
claim I. wherein the digital signal processing system is configured to process at a sampling rate of at least 96 kHz for 24
bit digital information.
8
14.An electric guitar comprising:
a body baying a soundboard;
a neck extending from the body;
at least one string extending over a portion of the body and
the neck;
5
a pie.zo bridge mounted on the body for providing a lower
contact point with the string;
at least one piezo pickup associated with the piezo bridge
and configured for converting at least one of vibrations
of the at least one string and the body into analog eleco
trical signals;
at least one magnetic pickup coupled to the body and
configured for converting at least one ofvibrations of the
at least one siring and the body into analog electrical
signals;
15
at least one analog-to-digital converter communicating
with the at least one pie-zo pickup and the at least one
magnetic pickup, and configured for converting the analog electrical signals into digital signals; and
a digital signal processing system communicating with the
20
at least one analog-to-digital converter and configured
for converting the digital signals into line level signals
baying a class compliant USI3 signal format including at
least one of streaming audio and MIDI data for coupling.
via a USB connector, to an input port of a computer or
25
computing device.
15.An acoustic guitar comprising:
a body baying a soundboard;
a neck extending from the body;
at least one string extending over a portion of the body and
30
the neck;
a piezo bridge mounted on the body for providing a lower
contact point with the string;
at least one piezo pickup associated with the piezo bridge
and configured for converting at least one of vibrations
of the at least one string and the body into analog elec35
trical signals;
at least one analog-to-digital converter communicating
with the at least one piezo pickup and configured for
converting the analog electrical signals into digital signets; and
4o
a digital signal processing system communicating with the
at least one analog-to-digital converter and configured
for converting the digital signals into line level signals
having a class compliant USB signal format including at
least one of streaming audio and MIDI data for coupling,
45
via a USB connector, to an input port of a computer or
computing device.
16. A stringed musical instrument device that also functions as a peripheral for a computer or computing device,
comprising:
50
a body baying a soundboard;
a neck extending from the body;
at least one string extending over a portion of the body and
the neck;
a bridge mounted on the body for providing a lower contact
55
point with the string;
at least one electronic transducer coupled to the body and
configured for converting at least one ofvibrations ofthe
at least one string and the body into analog electric
signals;
so at least one analog-to-digital converter communicating
with the at least one electronic transducer and configured for converting the analog electric signals into digital signals; and
a digital signal processing system communicating with the
65
at least one analog-to-digital converter and configured
for converting the digital signals into line level signals
having a class compliant USB signal format including at
Case 7:14-cv-07275-CS Document 1 Filed 09/09/14 Page 31 of 31
US 7,563,977 B2
9
least one of streaming audio and MIDI data for coupling,
via a USD connector, to an input port of a computer or
computing device.
17. A stringed musical instrument device that also functions as a peripheral for a computer or computing device,
comprising:
a body having a soundboard;
a neck extending from the body;
at least one string extending over a portion of the body and
the neck;
abridge mounted on the body for providing a lower contact
point with the string,
at least one eleczonie transducer coupled to the body and
configured for converting at least one of vibrations of the
at least one string and the body into analog electric
signals;
10
10
at least one analog-to-digital converter communicating
with the at least one electronic transducer and configured for converting the analog electric signals into digital signals; and
a digital signal processing system communicating with the
at least one analog-to-digital converter and configured
for converting the digital signals into line level signals
having a class compliant wireless USB signal format
including at least one of streaming audio and MIDI data
for communicating with an input port of a computer or
computing device.