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 18/177,094 filed on 04/09/2026. Please note claims 1-20 remain in the application.
Response to Arguments
Applicant’s arguments with respect to claims 1 and 16 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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-3 and 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fukino et al (hereinafter Fukino), US-PG-PUB No. 2018/0336276.
Regarding claim 1, Fukino discloses a method performed by a computing system (A computer-implemented method.....¶[0004], lines 1-2), wherein the method comprises:
for a user (Shown in Fig. 5, S1, identifying a user.....¶[0084], lines 1-2), determining a desired trajectory (In S16, calculating a difference value (trajectory) between a present emotional state of the user and a target emotional state.....¶[0091], lines 1-4) within a multi-dimensional mental state space (The mental states and the trajectory are plotted along two axes (dimensions), arousal and valence.....¶[0091], lines 4-8), wherein
the desired trajectory is based on a path (The difference value represents a path across the multi-dimensional mental state space from a present emotional state to a target emotional state.....¶[0091], lines 1-4) from an initial position (The present emotional state value is the initial position) within the multi-dimensional mental state space to a target position within the multi-dimensional mental state space (The target emotional state value is the target position), wherein
the initial position corresponds to an initial mental state (The present emotional state value is an initial mental state) of the user, and wherein the target position corresponds to a target mental state of the user (The target emotional state value is a target mental state);
from a media library (Musical content storage.....¶[0094], lines 5-6) comprising a plurality of media items (Plurality of musical contents.....¶[0094], line 10), selecting a first media item (In S17, a first tune (media item) ID is extracted (selected).....¶[0094], lines 1-3) that has an expected trajectory (An emotional state change value, such change being a trajectory.....¶[0094], lines 1-3) within the multi-dimensional mental state space (Shown in Fig. 4, right two columns, the emotional state change value is in regards to the same arousal/valence mental space as the user’s mental emotional state.....¶[0071], lines 1-4) that approximates the desired trajectory within the multi-dimensional mental state space (The emotional state change value approximates the difference value (the desired trajectory).....¶[0094], lines 3-4), wherein
each media item in the media library (Shown in Fig. 4, the plurality of media items are cataloged as response profile data.....¶[0071], lines 1-2) has a corresponding expected trajectory (Each media item has an emotional state change value (expected trajectory) associated with it.....¶[0071], line 1) that quantifies a directional movement (Shown in Fig. 4, the emotional state change value shows positive and negative directional movement for arousal and valence.....¶[0072], lines 1-3) within the multi-dimensional mental state space (Arousal/valence emotional state space) that produces an equivalent directional change in the multi-dimensional mental state space (When the user listens to the musical content their arousal degree and emotional valence is predicted to change according to the emotional state change value.....¶[0072], lines 3-7) when applied from different starting positions within the multi-dimensional mental state space (When selecting tunes for a playlist, the order is not considered in the disclosure, and in fact, in the case of multi-track playlists, all the tracks may have the emotional state change value, indicating the starting positions may be different while achieving equivalent effects.....¶[0078], lines 8-15);
and causing playback of the first media item (¶[0098], lines 6-8).
Regarding claim 2, Fukino 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 (See Fig. 5, S2..... ¶[0084], lines 1-3).
Regarding claim 3, Fukino 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 (The present (initial) mental state may be estimated based on physiological sensor data.....¶[0036], lines 3-6);
determining the target mental state of the user based on an input from the user indicating the target mental state (The user may input the target emotional state value.....¶[0034], lines 4-5); and
determining the desired trajectory (The difference value (desired trajectory) is calculated in step 16 of Fig. 5.....¶[0091], lines 1-4) 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 (The difference value is the difference between the initial emotional state space position and target emotional state space position.....¶[0091], lines 1-4).
Regarding claim 16, the functional elements are the same as that of claim 1, and are disclosed by Fukino as explained in the rejection of claim 1.
Fukino additionally discloses tangible, non-transitory, computer readable media comprising program instructions, wherein the program instructions, when executed by one or more processors, causes a computing system to perform said functions (¶[0043]).
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.
Claim(s) 4-8, 15, and 17-19 are rejected under 35 U.S.C. 103 as being unpatentable over as being anticipated by Fukino in view of Osborne et al (hereinafter Osborne) US-PG-PUB 2020/0286505 (previously cited).
Regarding claim 4, Fukino discloses the method of claim 1.
Fukino additionally discloses causing a graphical user interface to display a representation of the multi-dimensional mental state space (An input-receiving display may show the two-dimensional mental state space coordinates…..¶[0033], lines 1-3).
Fukino fails to explicitly disclose causing said GUI to include one or more of (i) an indication of the initial position within the multi- dimensional mental state space corresponding to the initial mental state of the user, (ii) an indication of the target position within the multi-dimensional mental state space corresponding to the target mental state of the user; (iii) an indication of the desired trajectory, or (iv) an indication of the expected trajectory corresponding to the first media item.
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 Fukino 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, Fukino teaches the method of claim 1, but fails to teach, while a 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.
Osborne teaches a method of playing music files to drive an emotional state wherein, 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 Fukino 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 Fukino 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 Fukino 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 Fukino 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 Fukino 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 Fukino 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 Fukino 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 15, Fukino, as explained above, teaches the method of claim 1, but fails to teach wherein the target mental state corresponds to a selected activity.
Osborne teaches wherein the target mental state corresponds to an activity selected (Users direct towards a desired state…..¶[0394], lines 1-2) from a set of activities comprising: (i) focus (¶[0399], line 1), (ii) meditation (¶[0397], line 1), (iii) relaxation (¶[0396], line 1), and (iv) sleep (¶[0396], line 1).
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 Fukino and Osborne to further incorporate the teachings of Osborne, and provide wherein the target mental state corresponds to an activity selected from a set of activities comprising: (i) focus, (ii) meditation, (iii) relaxation, and (iv) sleep. This would provide the benefit wherein the users may direct themselves towards these desired states (Osborne, ¶[0394], line 1).
Claim 17 is rejected under the same grounds as claim 6.
Regarding claim 18, Fukino, 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 Fukino 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 Fukino 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 Fukino 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 Fukino in view of Osborne in further view of Balassanian, US-PG-PUB No. 2015/0378669 (previously cited).
Regarding claim 9, the combination of Fukino and Osborne, as explained above, teach the method of claim 5.
Fukino additionally teaches wherein the first media item comprises an audio track (The first media item is a tune (audio track).....¶[0094], lines 1-3), 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 musical features such as BPM (audio parameters).....¶[0108], line 2-5).
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 Fukino 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 Fukino 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 Fukino, 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).
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 Fukino, Osborne, and Balassanian to further incorporate the teachings of Balassanian and provide wherein the modifying of one or more audio parameters of the audio track comprises modifying a tempo of the audio track. 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 12, the combination of Fukino and Osborne, as explained above, teach the method of claim 5.
Fukino additionally teaches wherein the first media item comprises an audio track (The first media item is a tune (audio track).....¶[0094], lines 1-3), wherein the expected trajectory corresponding to the first media item is based on (i) one or more audio parameters of the audio track (The expected trajectory is based musical features such as BPM (audio parameters).....¶[0108], line 2-5).
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 Fukino 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 Fukino 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 Fukino, 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 Fukino, 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 Fukino in view of Balassanian.
Regarding claim 10, Fukino 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 Fukino 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 Fukino in view of Osborne and Balassanian, in further view of Poltorak, US-PG-PUB No. 2019/0201691 (previously cited).
Regarding claim 14, the combination of Fukino, 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 Fukino, 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 Fukino 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 Fukino 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
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/SEAN RINEHART/Examiner, Art Unit 2694
/FAN S TSANG/Supervisory Patent Examiner, Art Unit 2694
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