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 .
Response to Amendments
Claims 1, 3-5, 7-11, 13-15, 17-20, and 22-24 are pending in the application and are addressed below. Claims 2, 6, 12, 16, and 21 are cancelled by Applicant.
Response to Arguments
Applicant’s arguments, see page 7, filed 4/6/2026, with respect to claim objections to claims 5 and 15, have been fully considered and are persuasive. The claim objections to claims 5 and 15 have been withdrawn.
Applicant’s arguments, see page 7-10, filed 4/6/2026, with respect to the prior art rejections of claims 1, 3-5, 7-11, 13-15, 17-20, and 22-24, have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Objections
Claims 1, 11, and 23 are objected to because of the following informality: “formatted requested” should read, “formatted request.” Appropriate correction is required.
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.
Claim 1, 11, and 23 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. The specification as filed does not describe the first device, the device that receives the request and generates the gaming music, converting a received request from a first format into a second, different format. Every passage of the originally filed specification that addresses the formatting of requests describes that operation as performed on the sending side, by the software interface service, prior to transmission.
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, 3-5, 7-11, 13-15, 17-20, and 22-24 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.
Claims 1, 11, and 23 recite the limitation “the formatted request.” There is insufficient antecedent basis for this limitation in the claim. It is unknown whether the request this refers to “a request for gaming music, wherein the request is in a first format” or “a formatted requested [sic] having a second format.” See MPEP § 2173.05(e).
Claims 3-5, 7-11, 13-15, 17-20, and 22-24 are rejected for depending from rejected base claims.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1, 4-5, 7-11, 14-15, and 17-24 are rejected under 35 U.S.C. 103 as unpatentable over Kolen et al. (U.S. Patent Publication No. 20200306641 A1, October 1, 2020), hereinafter Kolen, in view of Costello et al. (US20130184079A1, September 1, 2015), hereinafter Costello.
Regarding claim 1, Kolen teaches a computer-implemented method (Kolen ¶0018: "a system comprising one or more computers") comprising: receiving, by a first device (Kolen fig. 1, ref. no. 100) from a second device (Kolen fig. 1, ref. no. 110), a request for gaming music (Kolen ¶0046, referring to fig. 1: "the game system 110 may provide game information 114 to the music personalization and generation system 100."), wherein the request is in a first format and indicates a game state of a game (Kolen ¶0046: "it may be appreciated that an electronic game may adjust music being presented to a user based on a current game state. For example, if the user encounters a particular boss then the electronic game may output certain boss, or battle, music. The electronic game may thus utilize the game state as a trigger to access certain music for output to the user."); generating, by the first device, based at least in part on the formatted request, gaming music in response to the request (Kolen ¶0048: "The music personalization and generation system 100 may thus utilize the game information 114 to select one or more musical cues. These musical cues may be created, for example by a composer, for utilization in certain game contexts. Thus, there may be one or more musical cues associated with battling enemies, certain enemies, and so on."), wherein the gaming music is generated dynamically (Kolen ¶0013: "As described above, this music may be generated utilizing machine learning models, for example in substantially real-time as the user plays an electronic game. Therefore, the music may optionally be generated such that it varies between uses.") to include at least one musical motif (Kolen ¶0048: "An example musical cue may include a motif, theme, snippet of audio, and so on, which the composer indicates is to be utilized for one or more game contexts.") selected based at least in part on the game state (Kolen ¶0042: "For example, the current game information 114 may represent a current game state of the electronic game. The current game information 114 may be utilized by the system 100 to select a musical cue 142."); and outputting, by the first device, the gaming music (Kolen ¶0083: "As described in FIGS. 1-2, the system may generate personalized music based on one or more obtained musical cues and the style preference… The system may then provide (e.g., as a stream, or as a download) the personalized music to the user's user device.").
Kolen does not explicitly disclose formatting, by the first device, the request having the first format to a formatted requested having a second format that enables the first device to read the game state.
However, Costello teaches formatting, by the first device, the request having the first format to a formatted requested having a second format (Costello ¶0027: "Similarly, the first sub-system 101 is configured to receive requests and information from the client server 110 and convert the requests and information into an appropriate format for processing by the second sub-system 103.") that enables the first device to read the game state (Costello ¶0056: "As a thin client, the client server 110 may not have the logic to know what the actions mean, just that a certain button is selected. The game rules server 120 is configured to interpret that information for the particular wagering game being played.").
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the computer-implemented method of Kolen by adding the format conversion of Costello to standardize access to the music personalization and generation system across a multitude of game systems executing different electronic games (Kolen ¶0043).
Regarding claim 4, Kolen (in view of Costello) teaches a computer-implemented method comprising the feature of claim 1 as discussed above.
Kolen further teaches that the game state corresponds to a current gaming situation within an electronic game (Kolen ¶0046: "it may be appreciated that an electronic game may adjust music being presented to a user based on a current game state. For example, if the user encounters a particular boss then the electronic game may output certain boss, or battle, music. The electronic game may thus utilize the game state as a trigger to access certain music for output to the user."); and the request indicates a type of music (Battle music comprises a type of music.).
Regarding claim 5, Kolen (in view of Costello) teaches a computer-implemented method comprising the feature of claim 1 as discussed above.
Kolen further teaches that generating the gaming music is based at least in part on at least one of a music genre, music style, song title, identification of a musical artist (Kolen ¶0053: "Information included in the playlist 124 may be provided to the music personalization and generation system 100. Example information may include an indication of the songs included in the playlist 124 (e.g., song title, artist name, and so on). Example information may further include an indication of metadata associated with the songs… and the music personalization and generation system 100 may utilize genre or style information associated with the artist."), composer (Kolen ¶0012: "These musical cues may be created by a game composer"), user feedback, and musical preference (Kolen ¶0053: "The user may have subscribed to this artist's playlist, and the music personalization and generation system 100 may utilize genre or style information associated with the artist.").
Regarding claim 7, Kolen (in view of Costello) teaches a computer-implemented method comprising the feature of claim 1 as discussed above.
Kolen further discloses that generating gaming music includes selecting the at least one musical motif from a music library (Kolen ¶0017: "Accessing a musical cue comprises: receiving, from a user device executing the electronic game, a unique identifier associated with a musical cue; and accessing one or more databases, and obtaining the musical cue based on the unique identifier.") based at least in part on a user preference (Kolen ¶0012: "the generated music may be based on specific musical cues, but adjusted for each user based on the user's empirically determined genre preferences.") and game elements of the game state (Kolen ¶0046: "it may be appreciated that an electronic game may adjust music being presented to a user based on a current game state. For example, if the user encounters a particular boss then the electronic game may output certain boss, or battle, music. The electronic game may thus utilize the game state as a trigger to access certain music for output to the user.").
Regarding claim 8, Kolen (in view of Costello) teaches a computer-implemented method comprising the feature of claim 1 as discussed above.
Kolen further discloses that outputting the gaming music includes outputting the gaming music to the second device to be played in coordination with output of the game on the second device (Kolen ¶0042: "The music personalization and generation system 100 may then generate personalized music 102 for output by the game system 110. The personalized music 102 may be based on current game information 114 associated with an electronic game being played on the game system 110.").
Regarding claim 9, Kolen (in view of Costello) teaches a computer-implemented method comprising the feature of claim 1 as discussed above.
Kolen further discloses that the game is being executed by the second device (Kolen ¶0042: "The music personalization and generation system 100 may then generate personalized music 102 for output by the game system 110. The personalized music 102 may be based on current game information 114 associated with an electronic game being played on the game system 110.").
Regarding claim 10, Kolen (in view of Costello) teaches a computer-implemented method comprising the feature of claim 1 as discussed above.
Kolen further discloses that outputting the gaming music (Kolen ¶0064: "the personalized music 102 may be generated utilizing a musical cue 142 [which] may comprise a musical encoding 144A or an audio waveform 144B.") includes transferring metadata (¶0069: "The audio waveform 144B may be provided along with label information. The label information may indicate features of the audio waveform, such as instruments represented in the audio waveform 144B.") for creation of dynamic music (Kolen ¶0059: "Thus, the game engine 112 may perform a forward pass of a machine learning model utilizing e a musical cue and style preference as an input.").
Regarding claim 11, Kolen teaches a first device comprising: a memory comprising computer executable instructions (Kolen ¶0104: "A processor can include electrical circuitry configured to process computer-executable instructions."); and a processor configured to access the memory and execute the computer-executable instructions to perform operations (Kolen ¶0104: "A processor can include electrical circuitry configured to process computer-executable instructions.") comprising: receiving, by the first device (Kolen fig. 1, ref. no. 100) from a second device (Kolen fig. 1, ref. no. 110), a request for gaming music (Kolen ¶0046, referring to fig. 1: "the game system 110 may provide game information 114 to the music personalization and generation system 100."), wherein the request is in a first format and indicates a game state of a game (Kolen ¶0046: "it may be appreciated that an electronic game may adjust music being presented to a user based on a current game state. For example, if the user encounters a particular boss then the electronic game may output certain boss, or battle, music. The electronic game may thus utilize the game state as a trigger to access certain music for output to the user."); generating by the first device, based at least in part on the formatted request, gaming music in response to the request (Kolen ¶0048: "The music personalization and generation system 100 may thus utilize the game information 114 to select one or more musical cues. These musical cues may be created, for example by a composer, for utilization in certain game contexts. Thus, there may be one or more musical cues associated with battling enemies, certain enemies, and so on."), wherein the gaming music is generated dynamically (Kolen ¶0013: "As described above, this music may be generated utilizing machine learning models, for example in substantially real-time as the user plays an electronic game. Therefore, the music may optionally be generated such that it varies between uses.") to include at least one musical motif (Kolen ¶0048: "An example musical cue may include a motif, theme, snippet of audio, and so on, which the composer indicates is to be utilized for one or more game contexts.") selected based at least in part on the game state (Kolen ¶0042: "For example, the current game information 114 may represent a current game state of the electronic game. The current game information 114 may be utilized by the system 100 to select a musical cue 142."); and outputting, by the first device, the gaming music (Kolen ¶0083: "As described in FIGS. 1-2, the system may generate personalized music based on one or more obtained musical cues and the style preference… The system may then provide (e.g., as a stream, or as a download) the personalized music to the user's user device.").
Kolen does not explicitly disclose formatting, by the first device, the request having the first format to a formatted requested having a second format that enables the first device to read the game state.
However, Costello teaches formatting, by the first device, the request having the first format to a formatted requested having a second format (Costello ¶0027: "Similarly, the first sub-system 101 is configured to receive requests and information from the client server 110 and convert the requests and information into an appropriate format for processing by the second sub-system 103.") that enables the first device to read the game state (Costello ¶0056: "As a thin client, the client server 110 may not have the logic to know what the actions mean, just that a certain button is selected. The game rules server 120 is configured to interpret that information for the particular wagering game being played.").
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the computer-implemented method of Kolen by adding the format conversion of Costello to standardize access to the music personalization and generation system across a multitude of game systems executing different electronic games (Kolen ¶0043).
Regarding claim 14, Kolen (in view of Costello) teaches a first device comprising the features of claim 11 as discussed above.
Kolen further teaches that the game state corresponds to a current gaming situation within an electronic game (Kolen ¶0046: "it may be appreciated that an electronic game may adjust music being presented to a user based on a current game state. For example, if the user encounters a particular boss then the electronic game may output certain boss, or battle, music. The electronic game may thus utilize the game state as a trigger to access certain music for output to the user."), and the request indicates a type of music (Battle music comprises a type of music.).
Regarding claim 15, Kolen (in view of Costello) teaches a first device comprising the features of claim 11 as discussed above.
Kolen further teaches that generating the gaming music is based at least in part on at least one of a music genre, music style, song title, identification of a musical artist (Kolen ¶0053: "Information included in the playlist 124 may be provided to the music personalization and generation system 100. Example information may include an indication of the songs included in the playlist 124 (e.g., song title, artist name, and so on). Example information may further include an indication of metadata associated with the songs… and the music personalization and generation system 100 may utilize genre or style information associated with the artist."), composer (Kolen ¶0012: "These musical cues may be created by a game composer"), and user feedback (Kolen ¶0053: "The user may have subscribed to this artist's playlist, and the music personalization and generation system 100 may utilize genre or style information associated with the artist.").
Regarding claim 17, Kolen (in view of Costello) teaches a first device comprising the features of claim 11 as discussed above.
Kolen further teaches that generating gaming music includes selecting the at least one musical motif from a music library (Kolen ¶0017: "Accessing a musical cue comprises: receiving, from a user device executing the electronic game, a unique identifier associated with a musical cue; and accessing one or more databases, and obtaining the musical cue based on the unique identifier.") based at least in part on a user preference (Kolen ¶0012: "the generated music may be based on specific musical cues, but adjusted for each user based on the user's empirically determined genre preferences.") and game elements of the game state (Kolen ¶0046: "it may be appreciated that an electronic game may adjust music being presented to a user based on a current game state. For example, if the user encounters a particular boss then the electronic game may output certain boss, or battle, music. The electronic game may thus utilize the game state as a trigger to access certain music for output to the user.").
Regarding claim 18, Kolen (in view of Costello) teaches a first device comprising the features of claim 11 as discussed above.
Kolen further teaches that outputting the gaming music includes outputting the gaming music to the second device to be played in coordination with output of the game on the second device (Kolen ¶0042: "The music personalization and generation system 100 may then generate personalized music 102 for output by the game system 110. The personalized music 102 may be based on current game information 114 associated with an electronic game being played on the game system 110.").
Regarding claim 19, Kolen (in view of Costello) teaches a first device comprising the features of claim 11 as discussed above.
Kolen further teaches that the game is being executed by the second device (Kolen ¶0042: "The music personalization and generation system 100 may then generate personalized music 102 for output by the game system 110. The personalized music 102 may be based on current game information 114 associated with an electronic game being played on the game system 110.").
Regarding claim 20, Kolen (in view of Costello) teaches a first device comprising the features of claim 11 as discussed above.
Kolen further teaches that outputting the gaming music (Kolen ¶0064: "the personalized music 102 may be generated utilizing a musical cue 142 [which] may comprise a musical encoding 144A or an audio waveform 144B.") includes transferring metadata (¶0069: "The audio waveform 144B may be provided along with label information. The label information may indicate features of the audio waveform, such as instruments represented in the audio waveform 144B.") for creation of dynamic music (Kolen ¶0059: "Thus, the game engine 112 may perform a forward pass of a machine learning model utilizing e a musical cue and style preference as an input.").
Regarding claim 22, Kolen (in view of Costello) teaches a computer-implemented method comprising the feature of claim 1 as discussed above.
Kolen further discloses that the game state of the request in the first format is not readable by the first device (Kolen ¶0081: "That is, instead of the system utilizing a game state to identify a musical cue, the system may receive information identifying a specific musical cue.").
Regarding claim 23, Kolen teaches one or more non-transitory computer-readable media (Kolen ¶0102: "The code modules may be stored in any type of non-transitory computer-readable medium or other computer storage device.") comprising computer-executable instructions (Kolen ¶0102: "software code modules executed by a computing system that includes one or more computers or processors.) that, when executed by one or more processors of a first device, cause the first device to perform operations comprising: receiving, by the first device (Kolen fig. 1, ref. no. 100) from a second device (Kolen fig. 1, ref. no. 110), a request for gaming music (Kolen ¶0046, referring to fig. 1: "the game system 110 may provide game information 114 to the music personalization and generation system 100."), wherein the request is in a first format and indicates a game state of a game (Kolen ¶0046: "it may be appreciated that an electronic game may adjust music being presented to a user based on a current game state. For example, if the user encounters a particular boss then the electronic game may output certain boss, or battle, music. The electronic game may thus utilize the game state as a trigger to access certain music for output to the user."); generating, by the first device, based at least in part on the formatted request, gaming music in response to the request (Kolen ¶0048: "The music personalization and generation system 100 may thus utilize the game information 114 to select one or more musical cues. These musical cues may be created, for example by a composer, for utilization in certain game contexts. Thus, there may be one or more musical cues associated with battling enemies, certain enemies, and so on."), wherein the gaming music is generated dynamically (Kolen ¶0013: "As described above, this music may be generated utilizing machine learning models, for example in substantially real-time as the user plays an electronic game. Therefore, the music may optionally be generated such that it varies between uses.") to include at least one musical motif selected based at least in part on the game state (Kolen ¶0042: "For example, the current game information 114 may represent a current game state of the electronic game. The current game information 114 may be utilized by the system 100 to select a musical cue 142."); and outputting, by the first device, the gaming music (Kolen ¶0083: "As described in FIGS. 1-2, the system may generate personalized music based on one or more obtained musical cues and the style preference… The system may then provide (e.g., as a stream, or as a download) the personalized music to the user's user device.").
Kolen does not explicitly disclose formatting, by the first device, the request having the first format to a formatted requested having a second format that enables the first device to read the game state.
However, Costello teaches formatting, by the first device, the request having the first format to a formatted requested having a second format (Costello ¶0027: "Similarly, the first sub-system 101 is configured to receive requests and information from the client server 110 and convert the requests and information into an appropriate format for processing by the second sub-system 103.") that enables the first device to read the game state (Costello ¶0056: "As a thin client, the client server 110 may not have the logic to know what the actions mean, just that a certain button is selected. The game rules server 120 is configured to interpret that information for the particular wagering game being played.").
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the computer-implemented method of Kolen by adding the format conversion of Costello to standardize access to the music personalization and generation system across a multitude of game systems executing different electronic games (Kolen ¶0043).
Regarding claim 24, Kolen (in view of Costello) teaches one or more non-transitory computer-readable media comprising the features of claim 23 as discussed above.
Kolen further teaches that the game is being executed by the second device (Kolen ¶0042: "The music personalization and generation system 100 may then generate personalized music 102 for output by the game system 110. The personalized music 102 may be based on current game information 114 associated with an electronic game being played on the game system 110.").
Claims 3 and 13 are rejected under 35 U.S.C. 103 as unpatentable over Kolen in view of Costello, and further in view of Pierce (U.S. Patent No. 7,674,966 B1, March 9, 2010), hereinafter Pierce.
Regarding claim 3, Kolen (in view of Costello) teaches a computer-implemented method comprising the feature of claim 1 as discussed above.
Kolen further teaches that the request is received by the first device via network communication (Kolen ¶0043: "the music personalization and generation system 100 may represent a cloud-based system which receives information from multitudes of game systems.").
Kolen (in view of Costello) does not explicitly disclose an application programming interface (API).
However, Pierce teaches an application programming interface (API) (Pierce col 5, lines 54-58: "The API (FIG. 3) defines the format for the messages 102 that the GameEngine 101 uses to communicate its state to the MusicEngine 103. There are three types of messages: Theme Messages 301, Mood Messages 302, and Custom Messages 303.").
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the computer-implemented method of Kolen (as modified by Costello) by adding the API of Pierce to standardize access to the music personalization and generation system across a multitude of game systems executing different electronic games (Kolen ¶0043).
Regarding claim 13, Kolen (in view of Costello) teaches a first device comprising the features of claim 11 as discussed above.
Kolen further discloses that the request is received by the first device via network communication (Kolen ¶0043: "the music personalization and generation system 100 may represent a cloud-based system which receives information from multitudes of game systems.").
Kolen (in view of Costello) does not explicitly disclose an application programming interface (API).
However, Pierce teaches an application programming interface (API) (Pierce col 5, lines 54-58: "The API (FIG. 3) defines the format for the messages 102 that the GameEngine 101 uses to communicate its state to the MusicEngine 103. There are three types of messages: Theme Messages 301, Mood Messages 302, and Custom Messages 303.").
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the computer-implemented method of Kolen (as modified by Costello) by adding the API of Pierce to standardize access to the music personalization and generation system across a multitude of game systems executing different electronic games (Kolen ¶0043).
Conclusion
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/PHILIP G SCOLES/
Examiner, Art Unit 2837
/DEDEI K HAMMOND/Supervisory Patent Examiner, Art Unit 2837
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