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 .
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.
Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over US 20230344537 A1 (Ingebretsen et al., hereinafter Ingebretsen) in view of US 11133004 B1 (Naik et al., hereinafter Naik), and further in view of US 20100159860 A1 (Sivanand Jothy, hereinafter Jothy).
Regarding claim 1, Ingebretsen discloses a system (Fig. 8A, “system 800”) comprising:
A receiver (Fig. 8A and par. [0238], [0241], “second electronic device, such as a computing device installed within a vehicle. The computing device may correspond to an automobile infotainment system…”);
a processor unit (Fig. 8A and par. [0241], “automobile infotainment system 804” inherently comprising a processor) identifying a plurality of broadcasts received from the receiver that corresponds to metadata received from a third-party service (pars. [0032], [0241], [0268] and [0269], the received broadcast information is paired with metadata related to the broadcast information. The metadata collected is based on user’s preferences from users and it is evaluated and collected by third parties. The metadata includes at least: “radio station address “94.9 FM,” along with a station name “Jazz FM. …the second set of radio broadcast information from the media server may be used to identify the missing information. In particular, the second set of radio broadcast information may include an identifier for station “94.9 FM” based on the user's current location, and may identify currently playing media, such as artist “Band 2” and currently playing song titled “Song 1.” … additional metadata pertaining to the various stations, such as station genre information (e.g., “Jazz and R&B”), current host information (e.g., “John Smith”), station location identifiers (e.g., “San Francisco Bay Area”), and the like. The obtained list may thus be created to include a complete entry for radio station address “94.9 FM,” including information from both the first and second sets of radio broadcast information”); and
an output device for providing the broadcast (Fig. 8A, where devices 802 and 804 output the broadcast information).
Although implied, Ingebretsen does not specifically disclose wherein the processor unit determines content playing now if two or more broadcasts have been identified that corresponds to the metadata, the processor unit selects a broadcast that is a best fit based on the content playing now.
In related art concerning method for displaying other stations now playing accessory for an audio output device, Naik discloses wherein the processor unit determines content playing now if two or more broadcasts have been identified that corresponds to the metadata (col. 14, lines 55-57 and col. 15, lines 1-12, “FIG. 3A…after the second system 112(2) has begun providing the music content to the voice-controlled device, as shown in FIG. 2. In this example, at “302” the first system attempts to identify the content currently being played using the metadata provided by the second system. For example, the first system may compare portions of the metadata, such as artist name, song name, publication date, content size, or the like, to corresponding pieces of information in an audio-data library…”), the processor unit selects, based on a user input (col. 7, lines 47-54, “voice commands”), a broadcast that is a best fit based on the content playing now (col. 15, lines 1-12, “The first system may then determine whether a match having a confidence level that is greater than a threshold confidence level…”).
Ingebretsen and Naik disclose the limitations as presently written; however, for the purpose of completeness, the examiner is introducing a new reference concerning methods for displaying other stations now playing list, Jothy discloses the processor unit determines content playing now if two or more broadcasts (Figs. 2-6, please see broadcast playing elsewhere…1,2,3…” corresponds to “determine content playing now in radio stations” as disclosed in applicants’ invention, figure 10, item 1012) have been identified that corresponds to the metadata (Figs. 2-6, where additional entries in the list shown in “area 218” are identified based on the content currently playing area 216 of display 202, where the metadata of the content is at least: broadcast station ‘City FM’" and title ‘If you leave me now . . .’), the processor unit selects, based on a user input (pars. [0035]-[0036], user preferences correspond to user input), a broadcast that is a best fit based on the content playing now (please see at least par. [0036], “list entries may be sorted by genre, showing first the entries of the same genre as the program that is received by the radio receiver…showing first the entries in accordance with a user preference”; par. [0047], “list entries filtered by a user preference”, where the item shown first in the list corresponds to a “best fit”), and the two or more broadcasts are scrolled over a period of time (Figs. 2-6, please see at least pars. [0037]-[0038], “Other entries may be shown by scrolling through the list, for example by pressing the soft key labeled "6-10", by pressing the up and down keys of multi-controller 206, or by any other scrolling method.”), to obtain the user input for the selection of the broadcast that is the best fit (par. [0047], where the user inputs a selection from the options provided in the list).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to use Naik’s and Jothy explicit teachings wherein the processing unit determines, based on a user input, content playing now if two or more broadcasts have been identified that corresponds to the metadata, the processing unit selecting, based on a user input, a broadcast that is a best fit based on the content playing now, and the two or more broadcasts are scrolled over a period of time, to obtain the user input for the selection of the broadcast that is the best fit with the playback system disclosed by Ingebretsen and Naik because one of ordinary skill in the art would have recognized that on-demand radio ensures real-time updates related to preferred content tailored to specific users without interruptions, among others. Also, by matching portions of the content currently being played with a plurality of descriptions and context related to the content being played, the system would more accurately identify the data being played, and where the user can make a selection form the content being played now that it’s similar to the preferences selected by the user in previous selections during a period of time, or preferences input by the user.
Note: claims 1, 11 and 17, as a whole, seem not to conform with what the specification and figure 10.
Regarding claim 11, Ingebretsen discloses a computer program product comprising a non-transitory computer useable storage medium to store a computer readable program that, when executed on a computer, causes the computer to perform operations (par. [0260]) comprising:
identifying a plurality of broadcasts using metadata received from a third-party service (pars. [0032], [0241], [0268] and [0269], the received broadcast information is paired with metadata related to the broadcast information. The metadata collected is based on user’s preferences from users and it is evaluated and collected by third parties. The metadata includes at least: “radio station address “94.9 FM,” along with a station name “Jazz FM. …the second set of radio broadcast information from the media server may be used to identify the missing information. In particular, the second set of radio broadcast information may include an identifier for station “94.9 FM” based on the user's current location, and may identify currently playing media, such as artist “Band 2” and currently playing song titled “Song 1.” … additional metadata pertaining to the various stations, such as station genre information (e.g., “Jazz and R&B”)”); and
providing the broadcast on an output device (Fig. 8A, where devices 802 and 804 output the broadcast information). identifying a broadcast from a plurality of bro received Although implied, Ingebretsen does not specifically disclose determining content playing now if two or more broadcasts have been identified that corresponds to the metadata; selecting a broadcast that is a best fit based on the content playing now.
In related art concerning accessory for an audio output device, Naik discloses determining content playing now if two or more broadcasts have been identified that corresponds to the metadata (col. 14, lines 55-57 and col. 15, lines 1-12, “FIG. 3A…after the second system 112(2) has begun providing the music content to the voice-controlled device, as shown in FIG. 2. In this example, at “302” the first system attempts to identify the content currently being played using the metadata provided by the second system. For example, the first system may compare portions of the metadata, such as artist name, song name, publication date, content size, or the like, to corresponding pieces of information in an audio-data library…”;, selecting a broadcast that is a best fit based on the content playing now (col. 15, lines 1-12, “The first system may then determine whether a match having a confidence level that is greater than a threshold confidence level…”).
Ingebretsen and Naik disclose the limitations as presently written; however, for the purpose of completeness, the new reference Jothy discloses the processor unit determines content playing now if two or more broadcasts (Figs. 2-6, please see broadcast playing elsewhere…1,2,3…” corresponds to “determine content playing now in radio stations” as disclosed in applicant’s invention, figure 10, item 1012) have been identified that corresponds to the metadata (Figs. 2-6, where additional entries in the list shown in “area 218” are identified based on the content currently playing area 216 of display 202, where the metadata of the content is at least: broadcast station ‘City FM’" and title ‘If you leave me now . . .’), the processor unit selects, based on a user input (pars. [0035]-[0036], user preferences correspond to user input), a broadcast that is a best fit based on the content playing now (please see at least par. [0036], “list entries may be sorted by genre, showing first the entries of the same genre as the program that is received by the radio receiver…showing first the entries in accordance with a user preference”; par. [0047], “list entries filtered by a user preference”, where the item shown first in the list corresponds to a “best fit”); and the two or more broadcasts are scrolled over a period of time (Figs. 2-6, please see at least pars. [0037]-[0038], “Other entries may be shown by scrolling through the list, for example by pressing the soft key labeled "6-10", by pressing the up and down keys of multi-controller 206, or by any other scrolling method.”), to obtain the user input for the selection of the broadcast that is the best fit (par. [0047], where the user inputs a selection from the options provided in the list).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to use Naik’s and Jothy explicit teachings wherein the processing unit determines content playing now if two or more broadcasts have been identified that corresponds to the metadata, the processing unit selecting a broadcast that is a best fit based on the content playing now; and the two or more broadcasts are scrolled over a period of time, to obtain the user input for the selection of the broadcast that is the best fit with the playback system disclosed by Ingebretsen because one of ordinary skill in the art would have recognized that on-demand radio ensures real-time updates related to preferred content tailored to specific users without interruptions, among others. Also, by matching portions of the content currently being played with a plurality of descriptions and context related to the content being played, the system would more accurately identify the data being played.
Regarding claim 17, Ingebretsen discloses a vehicle system (Fig. 8A and par. [0239], “communicative coupling of device 802 with the computing device within the vehicle,”) comprising:
a radio frequency receiver (Fig. 8A and par. [0238], [0241], “second electronic device, such as a computing device installed within a vehicle. The computing device may correspond to an automobile infotainment system…”);
an audio processor unit (Fig. 8A and par. [0241], “automobile infotainment system 804” inherently comprising a processor) identifying a plurality of broadcasts received from the radio frequency receiver using metadata received from a third-party service(pars. [0032], [0241], [0268] and [0269], “the received broadcast information is paired with metadata related to the broadcast information. The metadata collected is based on user’s preferences from users and it is evaluated and collected by third parties. The metadata includes at least: “radio station address “94.9 FM,” along with a station name “Jazz FM. …the second set of radio broadcast information from the media server may be used to identify the missing information. In particular, the second set of radio broadcast information may include an identifier for station “94.9 FM” based on the user's current location, and may identify currently playing media, such as artist “Band 2” and currently playing song titled “Song 1.” … additional metadata pertaining to the various stations, such as station genre information (e.g., “Jazz and R&B”)”); and
an output device for providing the broadcast (Fig. 8A, where devices 802 and 804 output the broadcast information).
Although implied, Ingebretsen does not specifically disclose wherein the processing unit determines content playing now if two or more broadcasts have been identified that corresponds to the metadata, the processing unit selecting a broadcast that is a best fit based on the content playing now.
Naik discloses wherein the processing unit determines content playing now if two or more broadcasts have been identified that corresponds to the metadata (col. 14, lines 55-57 and col. 15, lines 1-12, “FIG. 3A…after the second system 112(2) has begun providing the music content to the voice-controlled device, as shown in FIG. 2. In this example, at “302” the first system attempts to identify the content currently being played using the metadata provided by the second system. For example, the first system may compare portions of the metadata, such as artist name, song name, publication date, content size, or the like, to corresponding pieces of information in an audio-data library…”), the processing unit selecting, based on a user input (pars. [0035]-[0036], user preferences correspond to user input), a broadcast that is a best fit based on the content playing now (col. 15, lines 1-12, “The first system may then determine whether a match having a confidence level that is greater than a threshold confidence level…”).
Ingebretsen and Naik disclose the limitations as presently written; however, for the purpose of completeness, the new reference Jothy discloses the processor unit determines content playing now if two or more broadcasts (Figs. 2-6, please see broadcast playing elsewhere…1,2,3…” corresponds to “determine content playing now in radio stations” as disclosed in applicant’s invention, figure 10, item 1012) have been identified that corresponds to the metadata (Figs. 2-6, where additional entries in the list shown in “area 218” are identified based on the content currently playing area 216 of display 202, where the metadata of the content is at least: broadcast station ‘City FM’" and title ‘If you leave me now . . .’), the processor unit selects a broadcast that is a best fit based on the content playing now (please see at least par. [0036], “list entries may be sorted by genre, showing first the entries of the same genre as the program that is received by the radio receiver…showing first the entries in accordance with a user preference”; par. [0047], “list entries filtered by a user preference”, where the item shown first in the list corresponds to a “best fit”); and the two or more broadcasts are scrolled over a period of time (Figs. 2-6, please see at least pars. [0037]-[0038], “Other entries may be shown by scrolling through the list, for example by pressing the soft key labeled "6-10", by pressing the up and down keys of multi-controller 206, or by any other scrolling method.”), to obtain the user input for the selection of the broadcast that is the best fit (par. [0047], where the user inputs a selection from the options provided in the list).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to use Naik’s and Jothy explicit teachings wherein the processing unit determines content playing now if two or more broadcasts have been identified that corresponds to the metadata, the processing unit selecting, based on a user input, a broadcast that is a best fit based on the content playing now; and the two or more broadcasts are scrolled over a period of time, to obtain the user input for the selection of the broadcast that is the best fit with the playback system disclosed by Ingebretsen because one of ordinary skill in the art would have recognized that on-demand radio ensures real-time updates related to preferred content tailored to specific users without interruptions, among others. Also, by matching portions of the content currently being played with a plurality of descriptions and context related to the content being played, the system would more accurately identify the data being played.
Regarding claim 2, Ingebretsen, Naik and Jothy disclose all the limitations of claim 1. Ingebretsen further discloses wherein the receiver is a radio frequency receiver (pars. [0248], “in general, preference may be given to playing a specific radio station over a satellite radio network instead of a traditional AM or FM band.”, where microwave, FM and AM signals are radio signals received by radio frequency receivers).
Regarding claim 3, Ingebretsen, Naik and Jothy disclose all the limitations of claim 1. Ingebretsen further discloses wherein the plurality of broadcasts comprises of AM and FM broadcasts (par. [0247], “…electronic device 802 may receive the media information over the cellular or internet connection, and may then transfer the media to the computing device for playback through speakers within the vehicle. In cases where the radio transceiver is within range of the radio transmitter for the radio station, the system may verify a user preference as to whether to play stations over traditional AM/FM band …”).
Regarding claim 4, Ingebretsen, Naik and Jothy disclose all the limitations of claim 1. Ingebretsen further discloses wherein the metadata received from the third-party service is transferred through a user device (Fig. 8A, “device 802”).
Regarding claim 5, Ingebretsen, Naik and Jothy disclose all the limitations of claim 4. Ingebretsen further discloses wherein the user device is a smartphone (Fig. 8A, “device 802” corresponds to a “smartphone”).
Regarding claim 6, Ingebretsen, Naik and Jothy disclose discloses all the limitations of claim 1. Ingebretsen suggests wherein the third-party service is an on-demand music streaming service; however, Jothy discloses wherein the third-party service is an on-demand music streaming service (pars. [0050], [0052]-[0053]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to use Jothy’s explicit teachings wherein the third-party service is an on-demand music streaming service with the receiving end of the charging device with the playback system disclosed by Ingebretsen and Naik because one of ordinary skill in the art would have recognized that on-demand radio ensures real-time updates related to preferred content tailored to specific users without interruptions, among others.
Regarding claim 7, Ingebretsen, Naik and Jothy disclose discloses all the limitations of claim 1. Ingebretsen further discloses wherein the metadata comprises at least one of an artist name, producer, writer, song title, release date, genre or track duration (par. [0249], “the metadata corresponding to the radio broadcast information (e.g., song title, artist name, genre.”, only one of the limitations is required based on applicant’s choices provided).
Regarding claim 8, Ingebretsen, Naik and Jothy disclose all the limitations of claim 1. Ingebretsen further discloses wherein identifying the plurality of broadcasts that corresponds to the metadata received from the third-party service comprises matching a corresponding format between the plurality of broadcasts and the metadata (par. [0245], “station address “950 AM” with station name “KABC” and genre “Sports Radio.” The second set of radio broadcast information may include a station address “950 AM” with station name “KXYZ” with genre “Classic Rock.” Preference may thus be given to the metadata contained within the first set of radio broadcast information (e.g., the station owner may have recently changed, which is not yet reflected at the media server), such that the list for vocabulary modification includes the station address “950 AM” with station name “KABC” and genre “Sports Radio.” station name is matched with the format “sports” reds on “matching a format”).
Regarding claim 9, Ingebretsen, Naik and Jothy disclose all the limitations of claim 1. Ingebretsen further discloses wherein identifying the plurality of broadcasts that corresponds to the metadata received from the third-party service comprises matching a topic between the plurality of broadcasts and the metadata (par. [00240], “in response to the second request, a second set of radio broadcast information may be received at device 802 from a media server, including metadata or other information pertaining to station addresses, station names, song titles, artist names, media genres, program names, and the like”, pertinent reads on metadata to matching/corresponding to specific content).
Regarding claim 10, Ingebretsen, Naik and Jothy disclose all the limitations of claim 1. Ingebretsen further discloses wherein the output device is an audio system (par. [0238], “an automobile infotainment system (e.g., a combination of hardware and software components for delivering information and media to the user). For example, the computing device may include one or more audio and/or video interfaces (e.g., speakers, displays, etc.)…device 802 communicatively couples to the computing device within the vehicle (e.g., via 802.11 wireless protocol or other wireless standards).”par. [0239], “Radio Data System (RDS) communication protocol”).
Regarding claim 12, Ingebretsen, Naik and Jothy disclose all the limitations of claim 11. Ingebretsen further discloses wherein the broadcast is provided from a radio station (par. [0239], “…currently playing on station “101.5 FM.”).
Regarding claim 13, Ingebretsen, Naik and Jothy disclose all the limitations of claim 12. Ingebretsen further discloses wherein the radio station operates from at least one of AM or FM broadcasts (par. [0239], “…currently playing on station “101.5 FM.” par. [0247], “…play stations over traditional AM/FM band”, only one of the limitations is required based on the selections provided by the applicant).
Regarding claim 14, Ingebretsen, Naik and Jothy disclose all the limitations of claim 11. Ingebretsen further discloses wherein the computer readable program, when executed on the computer, causes the computer to perform operations to retrieve the metadata from the third-party service (pars. [0032], [0241], [0268] and [0269], the received broadcast information is paired with metadata related to the broadcast information. The metadata collected is based on user’s preferences from users and it is evaluated and collected by third parties.).
Regarding claim 15, Ingebretsen, Naik and Jothy disclose all the limitations of claim 11. Ingebretsen further discloses wherein the metadata is a genre (par. [0249], “the metadata corresponding to the radio broadcast information (e.g., song title, artist name, genre.”).
Regarding claim 16, Ingebretsen, Naik and Jothy disclose all the limitations of claim 11. Ingebretsen further discloses wherein providing the broadcast on the output device comprises playing the broadcast on audio speakers (par. [0247], “electronic device 802 may receive the media information over the cellular or internet connection, and may then transfer the media to the computing device for playback through speakers within the vehicle.”).
Regarding claim 18, Ingebretsen, Naik and Jothy disclose all the limitations of claim 17. Ingebretsen further discloses wherein the plurality of broadcasts are from AM and FM broadcasts (par. [0247], “…electronic device 802 may receive the media information over the cellular or internet connection, and may then transfer the media to the computing device for playback through speakers within the vehicle. In cases where the radio transceiver is within range of the radio transmitter for the radio station, the system may verify a user preference as to whether to play stations over traditional AM/FM band …”)
Regarding claim 19, Ingebretsen, Naik and Jothy disclose all the limitations of claim 17. Ingebretsen further discloses wherein identifying the broadcast from the plurality of broadcasts using the metadata comprises matching a format of the plurality of broadcasts with the metadata (par. [0245], “station address “950 AM” with station name “KABC” and genre “Sports Radio.” The second set of radio broadcast information may include a station address “950 AM” with station name “KXYZ” with genre “Classic Rock.” Preference may thus be given to the metadata contained within the first set of radio broadcast information (e.g., the station owner may have recently changed, which is not yet reflected at the media server), such that the list for vocabulary modification includes the station address “950 AM” with station name “KABC” and genre “Sports Radio.” station name is matched with the format “sports” reds on “matching a format”).
Regarding claim 20, Ingebretsen, Naik and Jothy disclose all the limitations of claim 17. Ingebretsen further discloses wherein the plurality of broadcasts are preferred stations (pars. [0247]-[0248], “the preference may be generally applicable, or may apply to specific stations on the AM/FM bands or the satellite network”).
Response to Arguments
Applicant's arguments filed 07/09/2025 have been fully considered but they are not persuasive.
In the Remarks, the Applicant argues in substance: “claims 1, 11, and 17 The Applicant respectfully submits that the combination of Ingebretsen, Naik, and Jothy does not teach, suggest, or render obvious at least, for example, the feature of ‘the two or more broadcasts are scrolled over a period of time, to obtain the user input for the selection of the broadcast that is the best fit,’" and” Rejections of Dependent Claims 2-10, 12-16, and 18-20 The Applicant submits that claims 2-10, 12-16, and 18-20 are not taught, suggested or rendered obvious over the references cited in the Office Action based at least on the dependence on amended independent claims 1, 11, or 17.”
The prior art references teach the new limitations as recited. Please see the rejection from above.
The Examiner has given a broad and reasonable interpretation to the claims in view of the specification and considers that the references cited read on the claims, as presently written.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Angelica Perez whose telephone number is 571-272-7885. The examiner can normally be reached on Monday-Friday from 8:00 a.m. to 4:00 p.m.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, Applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Yuwen (Kevin) Pan can be reached at (571) 272-7855. The fax phone numbers for the organization where this application or proceeding is assigned are 571-273-8300 for regular communications and for After Final communications.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either the PAIR or Public PAIR. Status information for unpublished applications is available through the Private PAIR only. For more information about the pair system, see http://pair- direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll- free). Information regarding Patent Application Information Retrieval (PAIR) system can be found at 866-217-9197 (toll-free).
Any inquiry of a general nature or relating to the status of this application or proceeding should be directed to the TC 2600's customer service number is 703-306-0377.
/Angelica M. Perez/
Primary Examiner AU 2649