DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
This non-final action is in response to the applicant’s communication received on 02/06/2026 (hereinafter “Amendment”).
The claim(s) have been significantly amended in the Amendment. For example, most of claimed expressions have been deleted and replaced by new expressions. The applicant is advised to provide supporting citations in the instant specification for the newly added limitations.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 02/06/2026 has been entered.
Claim Status
Claims 1, 3-9, 11-18, and 20 have been significantly amended.
Claims 2, 10, and 13-19 had been canceled.
Claim 21 has been added.
Claims 1, 3-9, 11-12, and 20-21 are pending.
Information Disclosure Statement (IDS)
IDS received on 12/4/2025 is being considered by the examiner.
Official Notice Taken in Last Office Action
As official notice was taken in the previous office action, the common knowledge or well-known in the art statement is taken to be admitted prior art because the common knowledge or well-known in the art statement is taken to be admitted prior art because applicant either failed to traverse the examiner's assertion of official notice or that the traverse was inadequate (see MPEP 2144.03 C). The common knowledge or well-known in the art statement(s) in the previous office action taken to be admitted prior art includes: buying and selling of blank mix tape for allowing recording song(s) from an existing tape; and trading rights of one asset for rights for another assets.
Specification/Claim Objection
Dependent claim 20 is a different statutory class as claim 1. Claim 20, however, depends on claim 1. The applicant is advised to amend claim 20 in independent form to avoid any confusion that may arise from the different statutory classes as well as antecedent basis issues. For example, “a digital content management server” in claim 20 correlation with “a digital content management server” recited in claim 1, “the server” in claim 20 correlation with multiple servers recited previously in claim 20 and claim 1, etc.
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: “mix tape object” in claims 1, 3-7, 9, 11-12, and 21.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1, 3-9, 11-12, and 20-21 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Per claim 1, the claim recites “generating, by the digital content management server, the virtual mix tape object as a distinct digital asset that references the plurality of songs without duplicating the songs”. While the instant specification find support for generating virtual mix tape throughout the specification, there is no support that the virtual mix tape object is generated as a distinct digital asset that references the plurality of songs without duplicating the songs.
For example, instant specification recites mix tape in paragraphs [0007]; [0027]; [0029]; [0031], buying of the blank virtual tape and recording the music-related digital assets to the blank virtual media; [0032] once the mix tape having a plurality of songs and/or music video is completed, the owner of the music-related digital asset can replicate the music-related digital asset by copying the content to another piece or blank virtual media to produce a second copy; [0034], when the user’s content asset (i.e., the songs to which the user holds the virtual content rights) is copied on music-related digital assets (such as mix tapes) … make a copy of a mix tape … to copy the artwork and/or the content asset properties; [0036]-[0037]; [0040], a request to copy the one or music-related digital assets (such as mix tapes); [0041]; [0134]; [0153]; [0201]; [0214]; [0222]-[0227]; [0302]; [0310]; [0317]; [0339]).
These section or any other part of the specification, however, does not support for generating virtual mix tape throughout the specification, there is no support that the virtual mix tape object is generated as a distinct digital asset that references the plurality of songs without duplicating the songs. On the contrary, the specification show support of copying rather than a distinct digital asset that references the plurality of songs without duplicating the songs.
Furthermore, the Specification finds no algorithm as to how the virtual mix tape object is generated as a distinct digital asset that references the plurality of songs without duplicating the songs.
The claim further recites in part “the constraints [i.e., associated with the virtual mix tape object] being derived from the virtual content rights associated with the plurality of songs”. The Specification show no support of this. Furthermore, even if the Specification show support (in arguendo), the specification does not show how this is performed. For example, in the case of songs that show conflict in the restraints, how the constraint associated with the virtual mix tape is derived from the virtual content rights associated with the plurality of songs, i.e., particular usage rule of the virtual mix tape object.
As per claim 5, there is no support for “generating a second virtual mix tape object by copying the song references of an existing virtual mix tape object into the blank virtual mix tape object without duplicating the underlying song media files”.
As per claim 21, there is no support for “generating the virtual mix tape object comprises creating a database record that includes unique content identifiers corresponding to the plurality of songs and excludes storage of the song media files themselves, such that no duplicate copies of the songs are created.”
The dependent claim(s) are rejected as they on claim(s) above.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1, 3-9, 11-12, and 20-21 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Per claim 1, the claim is directed to receiving a request to create a virtual mix tape object, generating the virtual mix tape object with plurality of songs that the user holds in terms of rights, storing ownership and transfer constraints associated with the virtual mix tape object.
Given the plain meaning of the term mix tape in light of the specification (see Figs. 4-6), one of ordinary skill would appreciate that virtual mix tape object is a mix tape much like that of mix tape that exist in the real world that can be used to record music or video for replay, but in the space of virtual environment. The claim, however, recites that the virtual mix tape object references the plurality of songs without duplicating the songs. In light of such description, one of ordinary skill would not be able to ascertain the metes and boundaries of the claim.
The dependent claims are rejected as they further recite “virtual mix tape object” and for their dependency on claim 1.
Conclusion
The examiner has withdrawn 101 as well as prior art rejection due to the indefinite nature of the claim amendments as the examiner was not able to properly ascertain the metes and boundaries of the claim. The applicant is reminded that ledgering of assets such as albums, songs, and movies and associated rights, i.e., transfer, copy, who and when the assets can be used, etc., and the management of secondary assets that is created on based the assets regards to rights is an abstract idea, i.e., method of organizing human activity, i.e., legal obligation, contracts, commercial or legal interactions.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US Patent Publication No. 20180310152 discloses sharing and transferring music files including sharing a music playlist;
US 3,744,803 discloses purchasing of blank tapes for recording;
Grindley, P. (2018). Cross-Licensing. In: Augier, M., Teece, D.J. (eds) The Palgrave Encyclopedia of Strategic Management. Palgrave Macmillan, London. https://doi.org/10.1057/978-1-137-00772-8_771: describing cross-licensing;
US Patent Publication No. 20060143236 discloses interactive music playlist sharing system and methods and concept of mix tapes;
US Patent No. 6,119,229 discloses a virtual property system in which virtual property system created in a virtual world is tracked for ownership. The system allows the participants to buy and sell the virtual property.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEVEN S KIM whose telephone number is (571)270-5287. The examiner can normally be reached Monday -Friday: 7:00 - 3:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Patrick McAtee can be reached at 571-272-7575. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/STEVEN S KIM/Primary Examiner, Art Unit 3698