Reissue
Applicant is reminded of the continuing obligation under 37 CFR 1.178(b), to timely apprise the Office of any prior or concurrent proceed-ing in which Patent No. 8,874,554 is or was involved. These proceedings would include interferences, reissues, reexaminations, and litigation.
Applicant is further reminded of the continuing obligation under 37 CFR 1.56, to timely apprise the Office of any information which is mate-rial to patentability of the claims under consideration in this reissue appli-cation.
These obligations rest with each individual associated with the filing and prosecution of this application for reissue. See also MPEP §§ 1404, 1442.01 and 1442.04.
Applicant is notified that any subsequent amendment to the specification and/or claims must comply with 37 CFR 1.173(b).
Claim Status
The Examiner notes that the Patent Owner added new claims 61-110 in the response filed on August 4th, 2025. Claims 1-60 were canceled. Accordingly, claims 61-110 are currently pending.
Priority Date
The Application 14/069,761 has been filed on November 1st, 2013, however this application claims priority (CIP) dating back to December 21st, 2007. Accordingly, the effective filing date of the US Patent No. 8,874,554 is considered to be December 21st, 2007.
Claim Interpretation
During examination of an unexpired patent, claims are given the broadest reasonable interpretation consistent with the specification and limitations in the specification are not read into the claims. See MPEP § 2111 et seq.
A. Lexicographic Definitions
After careful review of the original specification, the prosecution history, and unless expressly noted otherwise by the Examiner below, the Examiner finds that she is unable to locate any lexicographic definitions (either express or implied) with reasonable clarity, deliberateness, and precision. Because the Examiner is unable to locate any lexicographic definitions with reasonable clarity, deliberateness, and precision, the Examiner concludes that Patent Owner is not their own lexicographer. See MPEP § 2111.01 IV.
B. ‘Sources’ for the 'Broadest Reasonable Interpretation'
For terms not lexicographically defined by Patent Owner, the Examiner hereby adopts the following interpretations under the broadest reasonable interpretation standard. In other words, the Examiner has provided the following interpretations simply as express notice of how she is interpreting particular terms under the broadest reasonable interpretation standard.1 Additionally, these interpretations are only a guide to claim terminology since claim terms must be interpreted in context of the surrounding claim language. In accordance with In re Morris, 127 F.3d 1048, 1056 (Fed. Cir. 1997), the Examiner points to these other “sources” to support her interpretation of the claims. Finally, the following list is not intended to be exhaustive in any way:
There are multiple instances in which the limitation recited in the independent claim 1 is being further clarified by the Examiner to set metes and bounds of the claimed invention.
The following limitations are:
“a media player component adapted to interact with a media item” – the term “interact” is interpreted consistent with the teaching recited in the original disclosure of the ‘554 patent (c 16, l 16-29) as “listening to a song, watching or viewing a video, receiving a recommendation of the media item, making a recommendation for the media item, rating the media item, identification of the media item (e.g., via fingerprinting or similar audio or video identification technique), or the like”.
“provide media item information identifying the media item” is discussed in the specification of the ‘554 patent (c 6, l 60- c7, l 3). The identifying information such as “content descriptors” may include “one or more content descriptors such as, for example, a media fingerprint of the media item, a GUID of the media item, metadata for the media item, a reference (e.g., URL) to the media item in local or remote storage, or the like”.
“Adapted to” is interpreted as “changed slightly for a particular purpose or use” as defined by Cambridge Dictionary.
The examiner finds several instances where the claim term explicitly includes functional language which would invoke 35 U.S.C. § 112, sixth paragraph.
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
Use of the word “means” (or “step for”) in a claim with functional language creates a rebuttable presumption that the claim element is to be treated in accordance with 35 U.S.C. § 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph). The presumption that § 112(f) (pre-AIA § 112, sixth paragraph) is invoked is rebutted when the function is recited with sufficient structure, material, or acts within the claim itself to entirely perform the recited function.
Absence of the word “means” (or “step for”) in a claim creates a rebuttable presumption that the claim element is not to be treated in accordance with 35 U.S.C. § 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph). The presumption that § 112(f) (pre-AIA § 112, sixth paragraph) is not invoked is rebutted when the claim element recites function but fails to recite sufficiently definite structure, material or acts to perform that function.
The following claim limitations have been interpreted under 35 U.S.C. § 112(f), because they use a generic placeholder coupled with functional language without reciting sufficient structure to achieve the function. Furthermore, the generic placeholder is not preceded by structural modifier:
“… the communication interface component adapted to provide location information identifying a geographic location associated with the ser device at which the media item was interacted with and a timestamp identifying a time at which the media item was interacted with …”
“… the communication interface component adapted to receive information that identifies an interacted-with media item …”.
In this instance both limitations list a general placeholder “the communication interface component” providing location information and receiving information, however there is no structure or algorithm recited which would support those functions. In other words, when the claim recites “the communication interface component adapted to receive information that identifies an interacted-with media item”, there is no structural element such as receiver which could receive the information and there is no explanation where the information is received from. Similarly, communication interface component by itself does not establish location information unless there is a structural element, for instance GPS unit, capable of carrying out such function.
Since the claim limitations recite a generic placeholder without sufficient structure to perform the steps of providing location information and lack of origination from which information is received, this limitation invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, accordingly claim 61 has been interpreted to cover the corresponding structure described in the specification (Figure 10, element 152 and parent US Patent No. 8,117,193, Figure 7, element 140).
Claim 76 also invokes 35 U.S.C. 112 sixth paragraph because it recites a computer readable medium performing a plurality of steps without any algorithm used to facilitate execution of those steps, wherein “a user device” “receiv[ing]es … information that identifies a, interacted-with media item being associated with the identified current geographic area” and “provides location information identifying a geographic location associated with the user device at which the media item was interacted with and a timestamp identifying a time at which the media item was interacted with”. Accordingly, the Examiner concluded that the corresponding structure/algorithm is described in the specification (Figure 10, element 152 and US Patent No. 8,117,193, Figure 7, element 140).
For a computer-implemented means-plus-function claim limitation invoking 35 U.S.C. § 112, sixth paragraph, a general purpose computer is usually sufficient for the corresponding structure for performing a general computing function (e.g., “means for storing data”), but the corresponding structure for performing a specific function is required to be more than simply a general purpose computer or microprocessor. In In re Katz Interactive Call Processing Patent Litigation, 639 F.3d 1303, 1316 (Fed. Cir. 2011), the court stated:
Those cases involved specific functions that would need to be implemented by programming a general purpose computer to convert it into a special purpose computer capable of performing those specified functions. … By contrast, in the seven claims identified above, Katz has not claimed a specific function performed by a special purpose computer, but has simply recited the claimed functions of ‘processing,’ ‘receiving,’ and ‘storing.’ Absent a possible narrower construction of the terms ‘processing,’ ‘receiving,’ and ‘storing,’ discussed below, those functions can be achieved by any general purpose computer without special programming. As such, it was not necessary to disclose more structure than the general purpose processor that performs those functions. Those seven claims do not run afoul of the rule against purely functional claiming, because the functions of ‘processing,’ ‘receiving,’ and ‘storing’ are coextensive with the structure disclosed, i.e., a general purpose processor.).
To claim a means for performing a specific computer-implemented function and then to disclose only a general purpose computer as the structure designed to perform that function amounts to pure functional claiming. Aristocrat, 521 F.3d 1328 at 1333. In this instance, the structure corresponding to a 35 U.S.C. § 112, sixth paragraph claim limitation for a computer-implemented function must include the algorithm needed to transform the general purpose computer or microprocessor disclosed in the specification. Aristocrat, 521 F.3d at 1333; Finisar Corp. v. DirecTV Group, Inc., 523 F.3d 1323, 1340 (Fed. Cir. 2008); WMS Gaming, Inc. v. Int’l Game Tech., 184 F.3d 1339, 1349 (Fed. Cir. 1999). The corresponding structure is not simply a general purpose computer by itself but the special purpose computer as programmed to perform the disclosed algorithm. Aristocrat, 521 F.3d at 1333. Thus, the specification must sufficiently disclose an algorithm to transform a general purpose microprocessor to the special purpose computer. Aristocrat, 521 F.3d at 1338 (“Aristocrat was not required to produce a listing of source code or a highly detailed description of the algorithm to be used to achieve the claimed functions in order to satisfy 35 U.S.C. § 112 P 6. It was required, however, to at least disclose the algorithm that transforms the general purpose microprocessor to a ‘special purpose computer programmed to perform the disclosed algorithm.’ WMS Gaming, 184 F.3d at 1349.”) An algorithm is defined, for example, as “a finite sequence of steps for solving a logical or mathematical problem or performing a task.” Microsoft Computer Dictionary, Microsoft Press, 5th edition, 2002. Applicant may express the algorithm in any understandable terms including as a mathematical formula, in prose, in a flow chart, or “in any other manner that provides sufficient structure.” Finisar, 523 F.3d at 1340; see also Intel Corp. v. VIA Techs., Inc., 319 F.3d 1357, 1366 (Fed. Cir. 2003); In re Dossel, 115 F.3d 942, 946-47 (Fed. Cir.1997); Typhoon Touch Inc. v. Dell Inc., 659 F.3d 1376, 1385 (Fed. Cir. 2011); In re Aoyama, 656 F.3d 1293, 1306 (Fed. Cir. 2011).
If applicant wishes to provide further explanation or dispute the examiner’s interpretation of the corresponding structure, applicant must identify the corresponding structure with reference to the specification by page and line number, and to the drawing, if any, by reference characters in response to this Office action.
If applicant does not intend to have the claim limitation(s) treated under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may amend the claim(s) so that it/they will clearly not invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, or present a sufficient showing that the claim recites/recite sufficient structure, material, or acts for performing the claimed function to preclude application of 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
For more information, see MPEP §§ 2173 and 2181 et seq. and Supplementary Examination Guidelines for Determining Compliance With 35 U.S.C. 112 and for Treatment of Related Issues in Patent Applications, 76 FR 7162, 7167 (Feb. 9, 2011).
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of pre-AIA 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(e) the invention was described in (1) an application for patent, published under section 122(b), by another filed in the United States before the invention by the applicant for patent or (2) a patent granted on an application for patent by another filed in the United States before the invention by the applicant for patent, except that an international application filed under the treaty defined in section 351(a) shall have the effects for purposes of this subsection of an application filed in the United States only if the international application designated the United States and was published under Article 21(2) of such treaty in the English language.
Claims 76 is rejected under pre-AIA 35 U.S.C. 102(e) as being anticipated by Horowitz et al (US Publication No. 2009/0049051).
With respect to claim 76, Horowitz teaches a non-transitory computer-readable medium storing software for instructing a controller of a computing device to: provide, via a user device, registration information for registration to accumulate media item interaction information ([0025] and [0031], wherein the media provider system can track, monitor or log media access activity by the consumer); interact, via the user device, with a media item; provide, via the user device, media item information identifying the media item ([0029], wherein requesting particular media file is considered an information identifying that media file [0033] and [0034]); provide, via the user device, location information identifying a geographic location associated with the user device at which the media item was interacted with and a timestamp identifying a time at which the media item was interacted with ([0030], wherein in addition to the name of the song, timestamp information can be collected and geographic location); receive, via the user device, an identification of a current geographic area of the user device; receive, via the user device, information that identifies an interacted-with media item, wherein location information associated with the interacted-with media item is associated with the identified current geographic area; and present, via the user device ([0030], the IP information associated with the user device can be collected and then used to determine its location [0032]), the information that identifies the interacted-with media item ([0028] and [0034], wherein user can access “media access patterns” on his/her device).
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 pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 61-74, 77-78, 80-89, 93-95 and 97-107 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Horowitz et al (US Publication No. 2009/0049051) in view of Kalasapur et al (US Patent No. 8,156,118).
With respect to claim 61, Horowitz teaches a user device (Figure 1, elements 102 and 122) comprising:
a media player component adapted to interact with a media item ([0023] and [0047], wherein media player is such as iTunes, Windows Media Player or Yahoo! Music Jukebox or any other media player);
a communication interface component adapted to provide media item information identifying the media item ([0029] - [0030]), the communication interface component adapted to provide location information identifying a geographic location associated with the user device at which the media item was interacted ([0032] and [0048], wherein information about the location at which user’s computing/mobile device is located while issuing media access request, is collected) with and a timestamp identifying a time at which the media item was interacted with ([0030], [0037] and [0048, wherein user’s time of the request (i.e. interaction) is logged);
the communication interface component adapted to receive information that identifies an interacted-with media item, wherein location information associated with the interacted-with media item is associated with the identified current geographic area ([0085], wherein the user device (e.g., user computing device 122) receives information that identifies a second media item (e.g., top ten list in the geographic area selected by the user), where location information associated with the second media item is associated with the identified geographic area); and
a user interface component adapted to present, via the user device, the information that identifies the interacted-with media item,
wherein at least one of the preceding components includes at least one electronic hardware component ([0087], wherein user device 122 includes a user interface component (e.g., user interface 1100) adapted to present via the user device, the information that identifies the second media item).
However, Horowitz does not explicitly recite “a location determination component adapted to receive an identification of a current geographic area using a GPS receiver of the user device and a mobile telecommunications network using cell tower triangulation” or that user device could be a smart phone.
On the other hand, Kalasapur teaches a media player/ cell phone (i.e., smart phone) (Figure 4, element 131) wherein “a location determination component adapted to receive an identification of a current geographic area using a GPS receiver of the user device” (2:19-33, wherein GPS is used to obtain location information, Figure 2, step 206 and 3:27-31, wherein current context including location information are received. Furthermore, Horowitz explicitly teaches that location corresponds to a geographic location/area ([0009)).
It would have been obvious to one of ordinary skill in the art at the time the invention was made to incorporate Kalasapur’s GPS sensor in Horowitz’s user device and also use mobile telecommunication network to provide accurate location information of the device to the media provider because GPS and triangulation technologies were known to provide accurate geographic location data. Furthermore, utilizing GPS technology and triangulation methods would allow for recording location accurately and efficiently.
With respect to claim 62, Kalasapur further teaches the user device wherein the media player component is adapted to initiate play of the media item (2:41-48).
With respect to claim 63, Horowitz teaches the user device further comprising: the communication interface component adapted to provide registration information for registration to accumulate media item interaction information ([0025] and [0031]).
With respect to claim 64, Horowitz teaches the user device, wherein to provide the registration information for registration to accumulate the media item interaction information, the user device comprising: the communication interface component adapted to provide the registration information to a server device for registration to accumulate the media item interaction information over the Internet (Figure 1, wherein server corresponds to element 106 (i.e. media provider) and wherein data is communicated via data network 104, wherein in paragraph [0044], Horowitz teaches using modem which indicates using Internet to connect).
With respect to claim 65, Horowitz teaches the user device, wherein the user interface component is adapted to present the information that identifies the interacted-with media item in association with a map including the current geographic area ([0023], [0057] and wherein the information is associated with the map as taught in [0061]).
With respect to claim 66, Horowitz teaches the user device, wherein the information that identifies the interacted-with media item includes information that identifies a most consumed media item in the current geographic area ([0009] and [0060], wherein “top ten media list” corresponds to most consumed media items).
With respect to claim 67, Horowitz teaches the user device, wherein the information that identifies the media item includes information that identifies at least one of a song, a music album, a media genre, and a music artist ([0027], wherein information includes “top songs”).
With respect to claim 68, Horowitz teaches the user device, wherein the information that identifies the interacted-with media item includes information that identifies a most frequently consumed media item in the current geographic area ([0049], wherein information pertaining to “most popular media” item corresponds to “most frequently consumed).
With respect to claim 69, Horowitz teaches the user device, wherein the information that identifies the media item includes information that identifies at least one of a song, a music album, a media genre, and a music artist ([0009], wherein a song is one of the media items taught by Horowitz).
With respect to claim 70, Horowitz teaches the user device, wherein the information that identifies the interacted-with media item includes information that identifies a media item having a greatest increase in consumption in the current geographic area over a defined period of time ([0037] and [0085], wherein “top picks” correspond to the greatest consumption and the user can also set the time period).
With respect to claim 71, Horowitz teaches the user device, wherein the information that identifies the media item includes information that identifies at least one of a song, a music album, a media genre, and a music artist ([0009], wherein a song is one of the media items taught by Horowitz).
With respect to claim 72, Horowitz teaches the user device, wherein the information that identifies the interacted-with media item includes information that identifies a media item having a greatest decrease in consumption in the current geographic area over a defined period of time ([0037]). Horowitz does not explicitly recite “decrease in consumption”, however he explicitly teaches accessing patterns during specified period of time, and one of ordinary skill in the art would be aware that pattern could include decrease or increase in popularity, rendering this limitation obvious.
With respect to claim 73, Horowitz teaches the user device, wherein the information that identifies the media item includes information that identifies at least one of a song, a music album, a media genre, and a music artist ([0009], wherein a song is one of the media items taught by Horowitz).
With respect to claim 74, Horowitz teaches the user device, wherein displaying the information that identifies the media item comprises: displaying the geographic location associated with the user device at which the media item was interacted with and the timestamp identifying the time at which the media item was interacted with ([0028], [0030], wherein the information includes date and time when media object was requested i.e. interacted with user identification information and geographic location of the consumer. Log information can be viewed thus it is displayed).
With respect to claim 77, Horowitz teaches all the limitations disclosed in claim 76, however he does not explicitly recite instructing the controller to initiate play of the media item. On the other hand, Kalasapur teaches the non-transitory computer-readable medium wherein the computer-readable medium stores software for instructing the controller of the user device to initiate play of the media item (2:41-48). Horowitz teaches however, that the playlists are constructed for the purpose of delivering this content to a consumer ([0027]) and play logs signifying that content has been played ([0033]). Accordingly, it would be obvious to one of ordinary skill in the art to initiate play as taught by Kalasapur, since Horowitz teaches this feature indirectly and the media player device would not be useful if a user would not be able to play a media file.
With respect to claim 78, Horowitz teaches the non-transitory computer-readable medium, wherein to provide the registration information for the registration to accumulate the media item interaction information, the medium storing software for instructing the controller to: provide the registration information to a server device for the registration to accumulate the media item interaction information over the Internet (Figure 1, wherein server corresponds to element 106 (i.e. media provider) and wherein data is communicated via data network 104, wherein in paragraph [0044], Horowitz teaches using modem which indicates using Internet to connect).
With respect to claim 80, Horowitz further teaches the non-transitory computer-readable medium, wherein the computer- readable medium stores software for instructing the controller of the user device to present the information that identifies the interacted-with media item in association with a map including the current geographic area ([0023], [0057] and wherein the information is associated with the map as taught in [0061]).
With respect to claim 81, Horowitz further teaches the non-transitory computer-readable medium, wherein the information that identifies the interacted-with media item includes information that identifies a most consumed media item in the current geographic area ([0009] and [0060], wherein “top ten media list” corresponds to most consumed media items).
With respect to claim 82, Horowitz further teaches the non-transitory computer-readable medium, wherein the information that identifies the media item includes information that identifies at least one of a song, a music album, a media genre, and a music artist ([0027], wherein information includes “top songs”).
With respect to claim 83, Horowitz teaches the non-transitory computer-readable medium, wherein the information that identifies the interacted-with media item includes information that identifies a most frequently consumed media item in the current geographic area ([0049], wherein information pertaining to “most popular media” item corresponds to “most frequently consumed).
With respect to claim 84, Horowitz teaches the non-transitory computer-readable medium, wherein the information that identifies the media item includes information that identifies at least one of a song, a music album, a media genre, and a music artist ([0027], wherein information includes “top songs”).
With respect to claim 85, Horowitz teaches the non-transitory computer-readable medium, wherein the information that identifies the interacted-with media item includes information that identifies a media item having a greatest increase in consumption in the current geographic area over a defined period of time ([0037] and [0085], wherein “top picks” correspond to the greatest consumption and the user can also set the time period).
With respect to claim 86, Horowitz teaches the non-transitory computer-readable medium, wherein the information that identifies the media item includes information that identifies at least one of a song, a music album, a media genre, and a music artist ([0027], wherein information includes “top songs”).
With respect to claim 87, Horowitz teaches the non-transitory computer-readable medium, wherein the information that identifies the interacted-with media item includes information that identifies a media item having a greatest decrease in consumption in the current geographic area over a defined period of time ([0037]). Horowitz does not explicitly recite “decrease in consumption”, however he explicitly teaches accessing patterns during specified period of time, and one of ordinary skill in the art would be aware that pattern could include decrease or increase in popularity, rendering this limitation obvious.
With respect to claim 88, Horowitz teaches the non-transitory computer-readable medium, wherein the information that identifies the media item includes information that identifies at least one of a song, a music album, a media genre, and a music artist ([0027], wherein information includes “top songs”).
With respect to claim 89, Kalasapur further teaches the non-transitory computer-readable medium, wherein the user device is a mobile smart phone (6:42-47, since the mobile phone taught by Kalasapur includes media collection and media player, it is considered to be a smart phone).
With respect to claim 93, Horowitz teaches a method comprising: providing, via a user device, registration information for registration to accumulate media item interaction information ([0025] and [0031], wherein the media provider system can track, monitor or log media access activity by the consumer); interacting, via the user device, with a media item; providing, via the user device, media item information identifying the media item ([0029], wherein requesting particular media file is considered an information identifying that media file [0033] and [0034]); providing, via the user device, location information identifying a geographic location associated with the user device at which the media item was interacted with ([0030] and [0032], wherein in addition to the name of the song, timestamp and geographic location information can be collected which can be established based on the IP address associated with the user’s device); receiving, via the user device, an identification of a current geographic area;
receiving, via the user device, information that identifies an interacted-with media item, wherein location information associated with the interacted-with media item is associated with the identified current geographic area ([0030], wherein in addition to the name of the song, timestamp and geographic location information can be collected); and presenting, via the user device, the information that identifies the interacted-with media item ([0028] and [0034], wherein user can access “media access patterns” on his/her device), wherein at least one of the preceding actions is performed on at least one electronic hardware component (Figure 1, element 102).
However, Horowitz does not explicitly recite “a location determination component adapted to receive an identification of a current geographic area using a GPS receiver of the user device”.
On the other hand, Kalasapur teaches a media player/ cell phone (i.e., smart phone) (Figure 4, element 131) wherein “a location determination component adapted to receive an identification of a current geographic area using a GPS receiver of the user device” (2:19-33, wherein GPS is used to obtain location information, Figure 2, step 206 and 3:27-31, wherein current context including location information are received. Furthermore, Horowitz explicitly teaches that location corresponds to a geographic location/area ([0009]).
It would have been obvious to one of ordinary skill in the art at the time the invention was made to incorporate Kalasapur’s GPS sensor into Horowitz’s user device to provide accurate location information of the device to the media provider because GPS and triangulation technologies were known to provide accurate geographic location data. Furthermore, utilizing GPS technology and triangulation methods would allow for recording location accurately and efficiently.
With respect to claim 94, Kalasapur teaches the non-transitory computer-readable medium wherein the computer-readable medium stores software for instructing the controller of the user device to initiate play of the media item (2:41-48). Horowitz teaches however, that the playlists are constructed for the purpose of delivering this content to a consumer ([0027]) and play logs signifying that content has been played ([0033]). Accordingly, it would be obvious to one of ordinary skill in the art to initiate play as taught by Kalasapur, since Horowitz teaches this feature indirectly and the media player device would not be useful if a user would not be able to play a media file.
With respect to claim 95, Horowitz teaches the method, wherein providing the registration information for registration to accumulate media item interaction information comprises: providing the registration information to a server device for registration to accumulate media item interaction information over the Internet (Figure 1, wherein server corresponds to element 106 (i.e. media provider) and wherein data is communicated via data network 104, wherein in paragraph [0044], Horowitz teaches using modem which indicates using Internet to connect).
With respect to claim 97, Horowitz teaches the method, comprising presenting the information that identifies the interacted-with media item in association with a map including the current geographic area ([0023], [0057] and wherein the information is associated with the map as taught in [0061]).
With respect to claim 98, Horowitz teaches the method wherein the information that identifies the interacted-with media item includes information that identifies a most consumed media item in the current geographic area ([0009] and [0060], wherein “top ten media list” corresponds to most consumed media items).
With respect to claim 99, Horowitz teaches the method, wherein the information that identifies the media item includes information that identifies at least one of a song, a music album, a media genre, and a music artist ([0027], wherein information includes “top songs”).
With respect to claim 100, Horowitz teaches the method, wherein the information that identifies the interacted-with media item includes information that identifies a most frequently consumed media item in the current geographic area ([0049], wherein information pertaining to “most popular media” item corresponds to “most frequently consumed).
With respect to claim 101, Horowitz teaches the method, wherein the information that identifies the media item includes information that identifies at least one of a song, a music album, a media genre, and a music artist ([0027], wherein information includes “top songs”).
With respect to claim 102, Horowitz teaches the method, wherein the information that identifies the interacted-with media item includes information that identifies a media item having a greatest increase in consumption in the current geographic area over a defined period of time ([0037] and [0085], wherein “top picks” correspond to the greatest consumption and the user can also set the time period).
With respect to claim 103, Horowitz teaches the method, wherein the information that identifies the media item includes information that identifies at least one of a song, a music album, a media genre, and a music artist ([0027], wherein information includes “top songs”).
With respect to claim 104, Horowitz teaches the method, wherein the information that identifies the interacted-with media item includes information that identifies a media item having a greatest decrease in consumption in the current geographic area over a defined period of time ([0037]). Horowitz does not explicitly recite “decrease in consumption”, however he explicitly teaches accessing patterns during specified period of time, and one of ordinary skill in the art would be aware that pattern could include decrease or increase in popularity, rendering this limitation obvious.
With respect to claim 105, Horowitz teaches the method, wherein the information that identifies the media item includes information that identifies at least one of a song, a music album, a media genre, and a music artist ([0027], wherein information includes “top songs”).
With respect to claim 106, Horowitz teaches the method, wherein the media item is one of an audio item, video item, image item, and text item ([0009], wherein a media item can be a song which is an audio item).
With respect to claim 107, Horowitz teaches the method, wherein the user device includes a location determination component adapted to receive the identification of the current geographic area from the GPS receiver ((2:19-33, wherein GPS is used to obtain location information, Figure 2, step 206 and 3:27-31, wherein current context including location information are received) and Lee teaches identification information pertaining to a mobile telecommunications network ([0127]).
Claims 75, 79, 90-92, 96 and 108-110 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Horowitz et al (US Publication No. 2009/0049051) in view of Kalasapur et al (US Patent No. 8,156,118) and further in view of Lee et al (US Publication No. 2007/0266395).
With respect to claim 75, Kalasapur further teaches the user device, wherein the location determination component is adapted to receive the identification of the current geographic area from the GPS receiver ((2:19-33, wherein GPS is used to obtain location information, Figure 2, step 206 and 3:27-31, wherein current context including location information are received). Horowitz and Kalasapur do not explicitly teach identification information pertaining to a mobile telecommunications network, however, Lee teaches identification information pertaining to a mobile telecommunications network ([0127]).
It would have been obvious to one of ordinary skill in the art at the time the invention was made to include Lee’s information pertaining to a mobile telecommunications network to Horwitz’s media and profile data, in order to efficiently route data.
With respect to claims 79, Horowitz and Kalasapur teach the non-transitory computer-readable medium, wherein the current geographic area of the user device is based on information derived from a GPS receiver (Kalasapur, 2:19-33, wherein GPS is used to obtain location information and a user device can be equipped with a GPS unit as taught in 4:14-23), and an IP address of the user device (Horowitz [0032]).
Horowitz and Kalasapur, however, do not explicitly recite that current geographic location can be determined based on a mobile telecommunications network.
On the other hand, Lee teaches the location-aware mobile/smart phone wherein the location determination component is adapted to receive the identification of the current geographic area from a mobile telecommunications network ([0127]). Lee further teaches using triangulation method ([0052]).
It would have been obvious to one of ordinary skill in the art at the time the invention was made to further modify Horowitz’s media system and add Lee’s triangulation method and also use mobile telecommunication network to provide accurate location information of the device to the media provider because triangulation technologies were known to provide accurate geographic location data. Furthermore, utilizing triangulation methods would allow for recording location accurately and efficiently.
With respect to claim 90, Kalasapur teaches the non-transitory computer-readable medium, wherein the user device includes a location determination component adapted to receive the identification of the current geographic area from a GPS receiver ((2:19-33, wherein GPS is used to obtain location information, Figure 2, step 206 and 3:27-31, wherein current context including location information are received). Horowitz and Kalasapur do not explicitly teach identification information pertaining to a mobile telecommunications network, however, Lee teaches identification information pertaining to a mobile telecommunications network ([0127]).
It would have been obvious to one of ordinary skill in the art at the time the invention was made to include Lee’s information pertaining to a mobile telecommunications network to Horwitz’s media and profile data, in order to efficiently route data.
With respect to claim 91, Horowitz and Kalasapur do not explicitly recite the non-transitory computer-readable medium, wherein the location determination component is adapted to receive the identification of the current geographic area from the mobile telecommunications network as needed, the current location received from the mobile telecommunications network having been determined based on cell tower triangulation.
On the other hand, Lee teaches the location-aware mobile/smart phone wherein the location determination component is adapted to receive the identification of the current geographic area from a mobile telecommunications network ([0127]) and also utilizing triangulation method ([0052]). In addition, Lee teaches updating data at the server when certain number of information entries is stored (i.e. as needed) ([0127]).
It would have been obvious to one of ordinary skill in the art at the time the invention was made to further modify Horowitz’s media system and add Lee’s triangulation method and also use mobile telecommunication network to provide accurate location information of the device to the media provider because triangulation technologies were known to provide accurate geographic location data. Furthermore, utilizing triangulation methods would allow for recording location accurately and efficiently. In addition, synchronization would allow to ensure that media monitoring information is accurate and up to date.
With respect to claim 92, Horowitz and Kalasapur do not explicitly recite the non-transitory computer-readable medium, wherein the location determination component is adapted to receive the identification of the current geographic area from the mobile telecommunications network periodically, the current location received from the mobile telecommunications network having been determined based on cell tower triangulation.
On the other hand, Lee teaches the location-aware mobile/smart phone wherein the location determination component is adapted to receive the identification of the current geographic area from a mobile telecommunications network ([0127]) and also utilizing triangulation method ([0052]). In addition, Lee teaches updating data periodically ([0127]).
It would have been obvious to one of ordinary skill in the art at the time the invention was made to further modify Horowitz’s media system and add Lee’s triangulation method and also use mobile telecommunication network to provide accurate location information of the device to the media provider because triangulation technologies were known to provide accurate geographic location data. Furthermore, utilizing triangulation methods would allow for recording location accurately and efficiently. In addition, periodic synchronization would allow to ensure that media monitoring information is accurate and up to date.
With respect to claim 96, Horowitz and Kalasapur teach the method, wherein receiving the identification of the current geographic area of the user device using the GPS receiver comprises: receiving the identification of the current geographic area of the user device using the GPS receiver (Kalasapur, 2:19-33, wherein GPS is used to obtain location information and a user device can be equipped with a GPS unit as taught in 4:14-23), and an IP address of the user device (Horowitz [0032]).
Horowitz and Kalasapur teach the method, wherein the current geographic area of the user device is based on information derived from a GPS receiver (Kalasapur, 2:19-33, wherein GPS is used to obtain location information and a user device can be equipped with a GPS unit as taught in 4:14-23), and an IP address of the user device (Horowitz [0032]).
Horowitz and Kalasapur, however, do not explicitly recite that current geographic location can be determined based on a mobile telecommunications network.
On the other hand, Lee teaches the location-aware mobile/smart phone wherein the location determination component is adapted to receive the identification of the current geographic area from a mobile telecommunications network ([0127]). Lee further teaches using triangulation method ([0052]).
It would have been obvious to one of ordinary skill in the art at the time the invention was made to further modify Horowitz’s media system and add Lee’s triangulation method and also use mobile telecommunication network to provide accurate location information of the device to the media provider because triangulation technologies were known to provide accurate geographic location data. Furthermore, utilizing triangulation methods would allow for recording location accurately and efficiently.
With respect to claims 108, 109 and 110, Horowitz teaches a method and a user device comprising:
a communication interface component adapted to register the user device with a server device for collection of media item interaction information over the Internet ([0025] and [0031], wherein the media provider system can track, monitor or log media access activity by the consumer);
a media player component adapted to interact with a media item;
the communication interface component adapted to provide media item information identifying the media item to the server device ([0029], wherein requesting particular media file is considered an information identifying that media file [0033] and [0034]), the communication interface component adapted to provide location information identifying a geographic location associated with the user device at which the media item was interacted with and a timestamp identifying a time of interaction ([0030], wherein in addition to the name of the song, timestamp information and geographic location can be collected and delivered to the media provider/server);
a location determination component adapted to receive and receiving an identification of a current geographic area of the user device ([0032], wherein geographic location can be determined based on the IP address associated with the user’s device);
the communication interface component adapted to receive and receiving information that identifies an interacted-with media item from the server device, wherein location information associated with the interacted-with media item is associated with the identified current geographic area ([0030], wherein in addition to the name of the song, timestamp and geographic location information can be collected); and
a user interface component adapted to present, via the user device, the information that identifies the interacted-with media item ([0028] and [0034], wherein user can access “media access patterns” on his/her device),
wherein at least one of the preceding components includes at least one electronic hardware component (Figure 1, element 102).
However, Horowitz does not explicitly recite “a location determination component adapted to receive an identification of a current geographic area using a GPS receiver of the user device and a mobile telecommunications network using cell tower triangulation” or that user device could be a smart phone.
On the other hand, Kalasapur teaches a media player/ cell phone (i.e., smart phone) (Figure 4, element 131) wherein “a location determination component adapted to receive an identification of a current geographic area using a GPS receiver of the user device” (2:19-33, wherein GPS is used to obtain location information, Figure 2, step 206 and 3:27-31, wherein current context including location information are received. Furthermore, Horowitz explicitly t