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 Amendment
The Office Action is responsive to amendments filed for application filed on 09/11/2025. Please note claims 1-20 remain in the application.
In response to the amendments filed to claims 11 and 20, all previous rejections under 35 U.S.C 112(b) has been withdrawn.
Response to Arguments
Applicant’s arguments with respect to claims 1-20 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 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 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 –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-3, and 15-16 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Oslati, US-PG-PUB No. 2024/0399101.
Regarding claims 1 and 16, Oslati discloses a method performed by a computing system (A computer system is used to determine emotional state.....¶[0103], lines 1-2), wherein the method comprises:
for a user, determining a desired trajectory (A distance (trajectory) from a current user emotional state to a target (desired) emotional state is measured (determined).....¶[0129], lines 3-6) within a multi-dimensional mental state space (The emotional states are plotted as coordinates in a 3 axis (Valence, Arousal, Dominance (VAD)) multi-dimensional space.....¶[0159], lines 1-4 011(VAD axes are detailed in ¶[0104] through ¶[112])), wherein
the desired trajectory is based on a path from an initial position within the multi-dimensional mental state space to a target position within the multi-dimensional mental state space (Explained above and in ¶[0129], lines 3-6), wherein
the initial position corresponds to an initial mental state of the user (¶[0129], lines 3-6), and wherein
the target position corresponds to a target mental state of the user (¶[0129], lines 3-6);
from a media library comprising a plurality of media items (Database (media library) of audio files.....¶[0212], line 4, ¶[0214], lines 1-2), selecting a first media item (A sound file sequence including at least one sound file (a first media item) is selected.....¶[0130], lines 1-3) that has an expected trajectory within the multi-dimensional mental state space that approximates the desired trajectory within the multi-dimensional mental state space (The sequence is configured to have a gradient (expected trajectory) that corresponds (approximates) to the target emotional state, from the initial emotional state (the desired trajectory), with each track (including the first media item) intended to drive the user’s emotional state towards the target.....¶[0158], lines 1-3, ¶[0226], lines 1-6), wherein
each media item in the media library has a corresponding expected trajectory (Each sound track (media item) can be classified by calculating a vector (expected trajectory).....¶[0123], lines 1-4) that quantifies a directional movement within the multi-dimensional mental state space (The trajectory is mapped using VAD emotional state space coordinates.....¶[0123], lines 1-4); and
causing playback of the first media item (The sequence is played back via speaker…..¶[0227], lines 1-2).
Claim 16 recites the entirety of the functions recited in Claim 1, rejected above. Oslati additionally discloses the unique features of claim 16. Specifically, Oslati discloses tangible, non-transitory, computer readable media (While not explicitly stated, Oslati does disclose how the functions are performed as program instructions by a computer, circumstantial evidence clearly guiding towards incorporation of tangible computer readable media.....¶[0213], lines 1-4), comprising program instructions (sequences of algorithmic instructions (program instructions).....¶[0213], lines 2-3), wherein the program instructions, when executed by one or more processors (Electronic calculation circuit (processor) executes instructions.....¶[0213], lines 1-2), causes a computing system to perform functions comprising (The functions of the disclosure are implemented (performed).....¶[0212], lines 1-4):
Regarding claim 2, Oslati discloses the method of claim 1, wherein determining the desired trajectory within the multi-dimensional mental state space comprises: receiving an indication of the desired trajectory from the user (A user may input descriptor keywords describing their target emotional state from which the trajectory is derived.....¶[0127], lines 1-6).
Regarding claim 3, Oslati discloses the method of claim 1, wherein determining the desired trajectory within the multi-dimensional mental state space comprises:
determining the initial mental state of the user based on sensor data relating to the initial mental state (A mental state is determined using data from an EEG sensor.....¶[0224], line 1 - ¶[0225], line 2);
determining the target mental state of the user based on at least one of an input from the user indicating the target mental state (A user may input descriptor keywords describing their target emotional state.....¶[0127], lines 1-6); and
determining the desired trajectory based on the initial position within the multi- dimensional mental state space corresponding to the initial mental state of the user and the target position within the multi-dimensional mental state space corresponding to the target mental state of the user (A distance (desired trajectory) between a current user emotional state and target emotional space is measured (determined).....¶[0129], lines 3-6).
Regarding claim 15, Oslati discloses the method of claim 1, wherein the target mental state corresponds to relaxation (¶[0112] – ¶[0116]).
Claim Rejections - 35 USC § 103
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 4-8 and 17-19 are rejected under 35 U.S.C. 103 as being unpatentable over as being anticipated by Oslati in view of Osborne et al (hereinafter Osborne) US-PG-PUB 2020/0286505.
Regarding claims 4 and 17, Oslati teaches the method of claim 1 and media of claim 16, including the existence of a graphical user interface (GUI) (¶[0125], lines 1-3) but fails to teach causing the graphical user interface to display a representation of the multi-dimensional mental state space and an indication of the desired trajectory.
Osborne teaches a method of playing music files to drive an emotional state comprising causing a graphical user interface to display a representation of the multi-dimensional mental state space (2d mental state data can be displayed as a graphic.....¶[0432], line 1 - ¶[0433], line 1) and an indication of the desired trajectory (The subject's arousal level and convergence towards a desired target state, which includes the desired target state, can be visually displayed.....¶[0375], lines 21-23).
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the GUI of Oslati to incorporate the teachings of Osborne, and provide causing the graphical user interface to display a representation of the multi-dimensional mental state space and an indication of the desired trajectory. This would provide the benefit of a system which may visually depict the emotional changes a user should expect throughout playback (Osborne, ¶[0339], lines 1-6).
Regarding claim 5, Oslati teaches the method of claim 1, including determining a mental state of the user at a first time, wherein the mental state at the first time corresponds to a first position within the multi-dimensional mental state space, and wherein determining the mental state of the user at the first time is based on sensor data relating to the mental state of the user at the first time, (detailed in the above rejection of claim 2).
Oslati fails to teach wherein this determination is made while the first media item is playing.
Osborne teaches further comprising, while the first media item is playing (Response to music is calculated, requiring music to be played.....¶[0255], lines 16-21):
determining a mental state of the user at a first time (The playlist, which is calculated via mental state, is further adapted using continuous biometric feedback regarding that mental state.....¶[0256], lines 20-25) wherein the mental state at the first time corresponds to a first position within the multi-dimensional mental state space (Mental state calculations exist in the 2d mental state space.....¶[0234], lines 9-10), and wherein
determining the mental state of the user at the first time is based on sensor data (Biometric feedback obtained by a sensor.....¶[0249], line 9) relating to the mental state of the user at the first time (The recalculation is based on continual biometric feedback.....¶[0256], lines 20-24).
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of Oslati to incorporate the teachings of Osborne, and provide further comprising, while the first media item is playing: determining a mental state of the user at a first time wherein the mental state at the first time corresponds to a first position within the multi-dimensional mental state space, and wherein determining the mental state of the user at the first time is based on sensor data relating to the mental state of the user at the first time. This would provide the benefit of a biofeedback loop, capable of compensating for distraction of the user (Osborne, ¶[0413], lines 1-3).
Regarding claim 6, the combination of Oslati and Osborne teaches, as explained above, the method of claim 5.
Osborne additionally teaches causing a graphical user interface to display a representation of the multi-dimensional mental state space and an indication of the target position within the multi-dimensional mental state space corresponding to the target mental state of the user (The subject's arousal level and convergence towards a desired target mental state, which includes the desired target state, can be visually displayed (Osborne, ¶[0375], lines 21-23).
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the combined disclosures of Oslati and Osborne to further incorporate the teachings of Osborne, and provide causing a graphical user interface to display a representation of the multi-dimensional mental state space and an indication of the target position within the multi-dimensional mental state space corresponding to the target mental state of the user. This would provide the benefit of a system which may visually depict the emotional changes a user should expect throughout playback (Osborne, ¶[0339], lines 1-6).
Regarding claim 7, the combination of Oslati and Osborne teaches, as explained above, teach the method of claim 5.
Osborne additionally teaches further comprising: when the first position (User mental state is continuously monitored.....¶[0413], lines 1-5) is within a threshold distance of the desired trajectory within the multi-dimensional mental state space (This monitoring determines convergence between the expected and determined mental state.....¶[0375], lines 21-23), causing continued playback of the first media item (The playlist is recalculated upon divergence, and is therefore unaltered during convergence.....¶[0415], lines 8-11); and
when the first position is not within the threshold distance of the desired trajectory within the multi-dimensional mental state space (User state is monitored and recalculates a playlist based on divergence from the trajectory.....¶[0415], lines 9-14),
(i) determining a revised trajectory within the multi-dimensional mental state space, wherein the revised trajectory is based on a path from the first position to the target position (The trajectory of the playlist (based on the initial trajectory) is recalculated regularly based on user biofeedback.....¶[0246], lines 26-30),
(ii) selecting a second media item (Recalculation of a playlist determines subsequent media items) that has an expected trajectory within the multi-dimensional mental state space that approximates the revised trajectory (The new playlist entrains a listener back to the target condition.....¶[0415], lines 10-13), and
(iii) causing a transition from playback of the first media item to playback of the second media item (Automated skip can be used…..¶[0475], lines 1-3).
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the combined disclosures of Oslati and Osborne to further incorporate the teachings of Osborne, and provide further comprising, when the first position is within a threshold distance of the desired trajectory within the multi-dimensional mental state space, causing continued playback of the first media item; and when the first position is not within the threshold distance of the desired trajectory within the multi-dimensional mental state space, (i) determining a revised trajectory within the multi- dimensional mental state space, wherein the revised trajectory is based on a path from the first position to the target position, (ii) selecting a second media item that has an expected trajectory within the multi-dimensional mental state space that approximates the revised trajectory, and (iii) causing a transition from playback of the first media item to playback of the second media item. This would provide the benefit of a biofeedback loop, capable of compensating for and reacting to distraction of the user (Osborne, ¶[0413], lines 1-3).
Regarding claim 8, the combination of Oslati and Osborne teaches, as explained above, teach the method of claim 7.
Osborne additionally teaches further comprising: causing a graphical user interface to display a representation of the multi-dimensional mental state space and an indication of the desired trajectory. (The subject's arousal level and convergence (trajectory) towards a desired target mental state, can be visually displayed.....¶[0375], lines 21-23).
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the combined disclosures of Oslati and Osborne to further incorporate the teachings of Osborne, and provide causing a graphical user interface to display a representation of the multi-dimensional mental state space and an indication of the desired trajectory. This would provide the benefit of a system which may visually depict the emotional changes a user should expect throughout playback (Osborne, ¶[0339], lines 1-6).
Regarding claim 18, Oslati, as explained above, teaches the tangible, non-transitory computer-readable media of claim 16, but fails to teach wherein the functions further comprise, while the first media item is playing: determining a mental state of the user at a first time, wherein the mental state at the first time corresponds to a first position within the multi-dimensional mental state space; when the first position is within a threshold distance of the desired trajectory within the multi-dimensional mental state space, causing continued playback of the first media item; and when the first position is not within the threshold distance of the desired trajectory within the multi-dimensional mental state space, determining a revised trajectory within the multi- dimensional mental state space, wherein the revised trajectory is based on a path from the first position to the target position and selecting a second media item that has an expected trajectory within the multi- dimensional mental state space that approximates the revised trajectory, and causing a transition from playback of the first media item to playback of the second media item.
Osborne teaches a system for music playback wherein while the first media item is playing: determining a mental state of the user at a first time (The playlist, which is calculated via mental state, is further adapted using continuous biometric feedback regarding that mental state.....¶[0256], lines 20-25), wherein
the mental state at the first time corresponds to a first position within the multi-dimensional mental state space (Mental state calculations exist in the 2d mental state space.....¶[0234], lines 9-10); when the first position (User mental state is continuously monitored.....¶[0413], lines 1-5) is within a threshold distance of the desired trajectory within the multi-dimensional mental state space (This monitoring determines convergence (distance between the detected state and expected state).....¶[0375], lines 21-23), causing continued playback of the first media item (The playlist is recalculated upon divergence, and is therefore unaltered during convergence.....¶[0415], lines 8-11); and
when the first position is not within the threshold distance of the desired trajectory within the multi-dimensional mental state space (User state is monitored and recalculates a playlist based on divergence from the trajectory.....¶[0415], lines 9-14), determining a revised trajectory within the multi-dimensional mental state space, wherein the revised trajectory is based on a path from the first position to the target position (The trajectory of the playlist (based on the initial trajectory) is recalculated regularly based on user biofeedback.....¶[0246], lines 26-30), selecting a second media item (Recalculation of a playlist determines subsequent media items) that has an expected trajectory within the multi-dimensional mental state space that approximates the revised trajectory (The new playlist entrains a listener back to the target condition.....¶[0415], lines 10-13), and causing a transition from playback of the first media item to playback of the second media item (Automated skip can be used…..¶[0475], lines 1-3).
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the combined disclosures of Oslati to incorporate the teachings of Osborne, and provide wherein the functions further comprise, while the first media item is playing: determining a mental state of the user at a first time, wherein the mental state at the first time corresponds to a first position within the multi-dimensional mental state space; when the first position is within a threshold distance of the desired trajectory within the multi-dimensional mental state space, causing continued playback of the first media item; and when the first position is not within the threshold distance of the desired trajectory within the multi-dimensional mental state space, determining a revised trajectory within the multi- dimensional mental state space, wherein the revised trajectory is based on a path from the first position to the target position and selecting a second media item that has an expected trajectory within the multi- dimensional mental state space that approximates the revised trajectory, and causing a transition. This would provide the benefit of a biofeedback loop, capable of compensating for and reacting to distraction of the user (Osborne, ¶[0413], lines 1-3).
Regarding claim 19, the combination of Oslati and Osborne teaches, as explained above, teach the tangible, non-transitory computer-readable media of claim 18.
Osborne additionally teaches wherein the functions further comprise: causing a graphical user interface to display a representation of the multi- dimensional mental state space (The 2d state data can be displayed as a graphic.....¶[0432], line 1 - ¶[0433], line 1) and an indication of the desired trajectory (The subject's arousal level and convergence towards a desired target state, which includes the desired target state, can be visually displayed.....¶[0375], lines 21-23).
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the combined disclosures of Oslati and Osborne to further incorporate the teachings of Osborne, and provide causing a graphical user interface to display a representation of the multi-dimensional mental state space and an indication of the desired trajectory. This would provide the benefit of a system which may visually depict the emotional changes a user should expect throughout playback (Osborne, ¶[0339], lines 1-6).
Claims 9 and 11-13 are rejected under 35 U.S.C. 103 as being unpatentable over Oslati in view of Osborne in further view of Balassanian, US-PG-PUB No. 2015/0378669.
Regarding claim 9, the combination of Oslati and Osborne, as explained above, teach the method of claim 5.
Oslati additionally teaches wherein the first media item comprises an audio track (Explained in the rejection of claim 1, the media items are songs tracks), wherein the expected trajectory corresponding to the first media item is based on an audio parameter of the audio track (The expected trajectory is based on valence, an audio parameter.....¶[0130], line 1-3, ¶[0138], line 1)
This further combination fails to teach wherein when the first position is within a threshold distance of the desired trajectory within the multi-dimensional mental state space, causing continued playback of the first media item; and when the first position is not within the threshold distance of the desired trajectory within the multi-dimensional mental state space: determining a revised trajectory within the multi-dimensional mental state space, wherein the revised trajectory is based on a path from the first position to the target position.
Osborne additionally teaches wherein when the first position (User mental state is continuously monitored.....¶[0413], lines 1-5) is within a threshold distance of the desired trajectory within the multi-dimensional mental state space (This monitoring determines convergence (distance between the detected state and expected state).....¶[0375], lines 21-23), causing continued playback of the first media item (The playlist is recalculated upon divergence, and is therefore unaltered during convergence.....¶[0415], lines 8-11); and
when the first position is not within the threshold distance of the desired trajectory within the multi-dimensional mental state space (User state is monitored and recalculates a playlist based on divergence from the trajectory.....¶[0415], lines 9-14):
determining a revised trajectory within the multi-dimensional mental state space, wherein the revised trajectory is based on a path from the first position to the target position (The trajectory of the playlist (based on the initial trajectory) is recalculated regularly based on user biofeedback.....¶[0246], lines 26-30).
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the combined disclosures of Oslati and Osborne to further incorporate the teachings of Osborne, and provide wherein when the first position is within a threshold distance of the desired trajectory within the multi-dimensional mental state space, causing continued playback of the first media item; and when the first position is not within the threshold distance of the desired trajectory within the multi-dimensional mental state space: determining a revised trajectory within the multi-dimensional mental state space, wherein the revised trajectory is based on a path from the first position to the target position. This would provide the benefit of a biofeedback loop, capable of compensating for and reacting to distraction of the user (Osborne, ¶[0413], lines 1-3).
This further combination fails to teach wherein the expected trajectory corresponding to the first media item is based on one or more modulation characteristics of the audio track, and wherein the method further comprises:
modifying the expected trajectory of the first media item to approximate the revised trajectory by modifying one or more audio parameters of the audio track; and
causing playback of the first media item with the one or more modified audio parameters.
Balassanian teaches wherein the expected trajectory (Mood controller selects music based on desired energy (trajectory) level.....¶[0047], lines 12-14) corresponding to the first media item is based on one or more modulation characteristics of the audio track (Media intake analyzer evaluates music modulation.....¶[0046], lines 6-9), and wherein the method further comprises:
modifying the expected trajectory of the first media item to approximate the revised trajectory by modifying one or more audio parameters of the audio track (The music constructor may modify tempo of tracks that don’t match desired musical attributes (fit the new trajectory).....¶[0066], lines 4-8); and causing playback of the first media item with the one or more modified audio parameters (Music may play uninterrupted as audio content is changed.....¶[0058], lines 3-9).
Therefore it would have been obvious to someone of ordinary skill in the art before the effective filing date to have modified the teachings of Oslati and Osborne to incorporate the teachings of Balassanian and provide wherein the expected trajectory corresponding to the first media item is based on one or more modulation characteristics of the audio track, and wherein the method further comprises: modifying the expected trajectory of the first media item to approximate the revised trajectory by modifying one or more audio parameters of the audio track; and causing playback of the first media item with the one or more modified audio parameters. This would provide the benefit of a method of music selection that includes content generation in a way that reduces royalty payments of a provider (Balnassian, ¶[0009], lines 5-8).
Regarding claim 11, the combination of Oslati, Osborne, and Balnassian, as explained above, teach the method of claim 9.
Balassanian additionally teaches wherein the modifying of one or more audio parameters of the audio track comprises modifying a tempo of the audio track (Stated above, the music constructor may modify tempo.....¶[0066], lines 4-8).
Regarding claim 12, the combination of Oslati and Osborne, as explained above, teach the method of claim 5.
Oslati additionally teaches wherein the first media item comprises an audio track (Explained in the rejection of claim 1, the media items are songs tracks), wherein the expected trajectory corresponding to the first media item is based on (i) one or more audio parameters of the audio track (Explained in the rejection of claim 1, trajectory is calculated based on valence, arousal, and dominance (VAD)).
This further combination fails to teach wherein when the first position is within a threshold distance of the desired trajectory within the multi-dimensional mental state space, causing continued playback of the first media item; and when the first position is not within the threshold distance of the desired trajectory within the multi-dimensional mental state space: determining a revised trajectory within the multi-dimensional mental state space, wherein the revised trajectory is based on a path from the first position to the target position.
Osborne additionally teaches wherein when the first position (User mental state is continuously monitored.....¶[0413], lines 1-5) is within a threshold distance of the desired trajectory within the multi-dimensional mental state space (This monitoring determines convergence (distance between the detected state and expected state).....¶[0375], lines 21-23), causing continued playback of the first media item (The playlist is recalculated upon divergence, and is therefore unaltered during convergence.....¶[0415], lines 8-11); and
when the first position is not within the threshold distance of the desired trajectory within the multi-dimensional mental state space (User state is monitored and recalculates a playlist based on divergence from the trajectory.....¶[0415], lines 9-14):
determining a revised trajectory within the multi-dimensional mental state space, wherein the revised trajectory is based on a path from the first position to the target position (The trajectory of the playlist (based on the initial trajectory) is recalculated regularly based on user biofeedback.....¶[0246], lines 26-30).
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the combined disclosures of Oslati and Osborne to further incorporate the teachings of Osborne, and provide wherein when the first position is within a threshold distance of the desired trajectory within the multi-dimensional mental state space, causing continued playback of the first media item; and when the first position is not within the threshold distance of the desired trajectory within the multi-dimensional mental state space: determining a revised trajectory within the multi-dimensional mental state space, wherein the revised trajectory is based on a path from the first position to the target position. This would provide the benefit of a biofeedback loop, capable of compensating for and reacting to distraction of the user (Osborne, ¶[0413], lines 1-3).
This further combination fails to teach wherein the expected trajectory corresponding to the first media item is based on a modulation characteristic of the audio track, and wherein the method further comprises: modifying the expected trajectory of the first media item to approximate the revised trajectory by modifying one or more modulation characteristics of the audio track; and causing playback of the first media item with the one or more modified modulation characteristics.
Balassanian teaches wherein the expected trajectory (Mood controller selects music based on desired energy (trajectory) level.....¶[0047], lines 12-14) corresponding to the first media item is based on a modulation characteristics of the audio track (Media intake analyzer evaluates music modulation.....¶[0046], lines 6-9), and wherein the method further comprises: modifying the expected trajectory of the first media item to approximate the revised trajectory by modifying one or more modulation characteristics of the audio track (The music constructor may modify tracks that don’t match desired musical attributes (fit the new trajectory) .....¶[0066], lines 4-8) (Tracks may be generated with respect to modulation.....¶[0021], lines 10-13); and causing playback of the first media item with the one or more modified modulation characteristics (Music may play uninterrupted as audio content is changed.....¶[0058], lines 3-9).
Therefore it would have been obvious to someone of ordinary skill in the art before the effective filing date to have modified the teachings of Oslati and Osborne to incorporate the teachings of Balassanian and provide wherein the expected trajectory corresponding to the first media item is based on one or more modulation characteristics of the audio track, and wherein the method further comprises: modifying the expected trajectory of the first media item to approximate the revised trajectory by modifying one or more modulation characteristics of the audio track; and causing playback of the first media item with the one or more modified modulation characteristics. This would provide the benefit of a method of music selection that includes content generation in a way that reduces royalty payments of a provider (Balnassian, ¶[0009], lines 5-8).
Regarding claim 13, the combination of Oslati, Osborne, and Balnassian, as explained above, teach the method of claim 12.
Osborne additionally teaches further comprising: causing a graphical user interface to display a representation of the multi-dimensional mental state space (The 2d state data can be displayed as a graphic.....¶[0432], line 1 - ¶[0433], line 1) and an indication of the desired trajectory (The subject's arousal level and convergence towards a desired target state, which includes the desired target state, can be visually displayed.....¶[0375], lines 21-23).
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the combined disclosures of Oslati, Osborne, and Balnassian to further incorporate the teachings of Osborne, and provide causing a graphical user interface to display a representation of the multi-dimensional mental state space and an indication of the desired trajectory. This would provide the benefit of a system which may visually depict the emotional changes a user should expect throughout playback (Osborne, ¶[0339], lines 1-6).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Oslati in view of Balassanian.
Regarding claim 10, Oslati discloses, as explained above, the method of claim 1, but fails to teach modifying the first media item to modify the expected trajectory of the first media item, wherein modifying the first media item includes modifying a modulation of the first media item.
Balassanian teaches modifying a media item to modify the expected trajectory of the first media item (A mood controller may modify music to match a desired emotional energy level, corresponding to expected trajectory of a media item within an emotional space.....¶[0044], lines 1-6), wherein modifying the first media item includes modifying modulation (¶[0033], lines 14-18).
Therefore it would have been obvious to someone of ordinary skill in the art before the effective filing date to have modified the teachings of Oslati to incorporate the teachings of Balassanian and provide modifying the first media item to modify the expected trajectory of the first media item, wherein modifying the first media item includes modifying one or more of a modulation, a brightness, or a volume level of the first media item. This would provide the benefit of a method of music selection that includes content generation in a way that reduces royalty payments of a provider (Balnassian, ¶[0009], lines 5-8).
Claims 14 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Oslati in view of Osborne and Balassanian, in further view of Poltorak US-PG-PUB No. 2019/0201691.
Regarding claim 14, the combination of Oslati, Osborne, and Balassanian, as explained above, teach the method of claim 12.
This combination fails to explicitly teach wherein modifying one or more modulation characteristics of the audio track comprises modifying a modulation rate.
Poltorak teaches wherein modifying one or more modulation characteristics of the audio track comprises modifying a modulation rate. (An isotonic sound of a specific modulation rate may be embedded in music (an audio track), affecting the modulation rate of the track.....¶[1298], lines 10-19).
Therefore it would have been obvious to someone of ordinary skill in the art before the effective filing date to have modified the teachings of Oslati, Osborne, and Balassanian to incorporate the teachings of Poltorak and provide wherein modifying one or more modulation characteristics of the audio track comprises modifying a modulation rate. This would provide the benefit of a music track which can induce a desired emotional state in a user (Poltorak, ¶[1297], lines 5-9).
Regarding claim 20, the combination of Oslati and Osborne, as explained above, teach the tangible, non-transitory computer-readable media of claim 18, but fail to teach modifying one audio parameter and one modulation characteristic of the audio track.
Balassanian teaches modifying a tempo of the audio track (The music constructor may modify tempo.....¶[0066], lines 4-8). And Poltorak teaches modifying the modulation rate of an audio track. (An isotonic sound of a specific modulation rate may be embedded in music (an audio track), affecting the modulation rate of the track.....¶[1298], lines 10-19).
Therefore it would have been obvious to someone of ordinary skill in the art before the effective filing date to have modified the teachings of Oslati and Osborne to incorporate the teachings of Balassanian and Poltorak to provide modifying one audio parameter and one modulation characteristic of the audio track, for motivations of the benefit of a method of music selection that includes content generation in a way that reduces royalty payments of a provider (Balnassian, ¶[0009], lines 5-8), and the benefit of a music track which can induce a desired emotional state in a user (Poltorak, ¶[1297], lines 5-9)
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Jehan et al, US Patent No. 9,531,989 teaches a method of classifying music according to multi-dimensional vectors, wherein the dimensions include valence and arousal.
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).
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/SEAN M RINEHART/Examiner, Art Unit 2694
/FAN S TSANG/Supervisory Patent Examiner, Art Unit 2694