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
This Office Action has been issued in response to Applicant’s Communication of amended application S/N 18/247,915 filed on March 30, 2026. Claims 1 to 3, 5 to 15, 17 to 19, 21, and 22 are currently pending with the application.
Claim Interpretation
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”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitations are: “a local media store configured to”, “a playback unit configured to”, “a metadata extraction unit configured to”, and “a remote server configured to”, recited in claims 1, 4 to 7, 12 to 14, and 17 to 19.
Because these claim limitations are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, they are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. (See Specification Pages 3, 4 – “The local media store may be any suitable storage device capable of storing a plurality of media files, for example any device including suitable computer memory for storing the plurality of media files”, “the playback unit may be provided as a standalone device, e.g. as a separate playback device. In other cases, the playback unit may form part of another
device, for example a user device (e.g. smartphone, tablet computer, laptop computer, personal computer or similar)”.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1 to 3, 5 to 15, 17 to 19, 21, and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Boyle et al. (U.S. Publication No. 2017/0024399) hereinafter Boyle, and further in
view of Bates et al. (U.S. Publication No. 2019/0052372) hereinafter Bates.
As to claim 1:
Boyle discloses:
A content playback system comprising:
a local media store configured to store a plurality of media files [Paragraph 0010 teaches users have their own collection of music stored in their electronic device; Paragraph 0059
teaches a user may listen to the songs stored on their device itself];
a playback unit configured to play media files stored in the local media store [Paragraph 0052 teaches tracking played content on an electronic device; Paragraph 0059 teaches tracking music and content played in native music players of the device, where the user may listen to the songs stored on their device itself];
a metadata extraction unit, comprised in the playback unit, configured to extract metadata for each of the plurality of media files stored in the local media store [Paragraph 0009 teaches tracking music or other audio metadata from a number of sources in real-time on an electronic device; Paragraph 0010 teaches owners of portable electronic devices have their own collection of music often sourced from mp3 files, mp4 files, other downloads, therefore, a plurality of media files stored in the local media store, and further, where the metadata related to the playing of such audio and music content is therefore accessible as it sits agnostically on an electronic device; Paragraph 0011 teaches interacting with a user’s electronic device, and accessing metadata at the time of playing content, to identify what music or other audio content the user is actually listening; Paragraph 0061 teaches tracking content on the Android platform, where the metadata is captured when music is played on the playback device, therefore, the metadata extraction unit is comprised in the playback unit; Paragraph 0053 teaches finding metadata about music or other audio files played by the user]; and
a remote server configured to: receive the extracted metadata from the metadata extraction unit [Paragraph 0061 teaches sending the tracked content and metadata from the device to the server; Paragraph 0067 teaches sending the song play and additional information to the server; Paragraph 0069 teaches song details are then transmitted to the server]; and
based on the extracted metadata and a media database available to the remote server, generate a user database including identification information of media items contained in the plurality of media files stored in the local media store [Paragraph 0062 teaches user’s song capture is aggregated and stored in a database to be displayed using a graphical and textual interface through a unified music feed on the application, therefore, generating a user database; Paragraph 0069 teaches the server updates the user and song stats based on the song details provided (location, timestamp, metadata and user details), ensuring that a user’s entire listening history is captured, even when the song is listened on a desktop or mobile device];
wherein the content playback system is configured to provide a user interface for interacting with the user database [Paragraph 0058 teaches accessing and retrieving the music or other audio metadata in a graphical and textual interface of the device; Paragraph 0059 teaches the interface works as a web application], and
wherein the user interface is configured to receive an input from a user and, based on the input from the user, the remote server is configured to transmit an instruction to the playback unit to play one or more media files stored in the local media store [Paragraph 0059 teaches the music or other metadata can be sourced from the device itself, where a user may listen to the songs stored on their device using a third party application which works as a web application and mobile app; Paragraph 0071 teaches the songs listed can be consumed by clicking into the song itself].
Boyle does not appear to expressly disclose a user device separate from the local media store, metadata extraction unit comprised in the playback unit, and provide, on a user device separate from the local media store and separate from the playback unit, a user interface.
Bates discloses:
a user device separate from the local media store [Paragraph 0031 teaches the personal device may be configured to have access to remote media repositories, e.g., media stored on a local network, and as such, the subset of media may include media from either, or both the local storage medium and remote media repositories, therefore, the personal or user device is separate from the local storage medium] and separate from the playback unit, providing a user interface [Paragraph 0042 teaches zone player powering separate loudspeakers, where the zone player is the playback unit; Paragraph 0044 teaches that zone players may contain a playlist of audio items to be played, where the items can be found locally, or stored on the zone player itself; Paragraph 0047 teaches that controller may be provided with a touch screen that allows a user to interact with the controller to retrieve and navigate playlists of audio items, and control operations of the zone players; Paragraph 0049 teaches that an application running on a portable device, e.g., smart phone, laptop, etc., can be used as a controller, which connect to the system through an interface with data network, hence, the user interface is provided separate than the local media store and separate from the playback unit].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to combine the teachings of the cited references and modify the invention as taught by Bates, by incorporating a user device separate from the local media store, and separate from the playback unit, providing a user interface, as taught by Bates [Paragraph 0031, 0042, 0044, 0047, 0049], because both applications are directed to managing and providing content items for playback; incorporating a user device separate from the local media store is a simple substitution of one known element for another to obtain predictable results.
As to claim 2:
Boyle discloses:
the user database associates each media item identified in the user database with a corresponding media file stored in the local media store that contains that media item [Paragraph 0054 teaches tracking played music or other audio and metadata, and storing and retrieving the event data that describes what is being played, where it being played and when].
As to claim 3:
Boyle discloses:
the metadata extracted for each media file in the local media store includes an indication of a storage location in the local media store of that media file; and the user database associates each media item identified in the user database with an indication of a storage location in the local media store of a corresponding media file stored in the local media store that contains that media item [Paragraph 0061 teaches retrieves the user ID and captures the location, and sending this information to a server].
As to claim 5:
Boyle discloses:
the instruction to the playback unit includes an indication of a storage location in the local media store of the one or more media files to be played [Paragraph 0059 teaches a user may listen to the songs stored on their device using a third-party application (e.g., Songbird) which works as both a web app and a bespoke mobile app for both Android and i0S].
As to claim 6:
Boyle discloses:
the input from the user includes a selection of a media item identified in the user database, and, in response to the selection, the remote server is configured to transmit an instruction to the playback unit to play a media file stored in the local media store, the media file containing the selected media item [Paragraph 0059 teaches a user may listen to the songs stored on their device using a third-party application (e.g., Songbird) which works as both a web app and a bespoke mobile app for both Android and i0S].
As to claim 7:
Boyle discloses:
in response to the input from the user, the remote server is configured to generate a playlist including a set of media items identified in the user database, and to transmit an instruction to the playback unit to play a set of media files stored in the local media store, the set of media files containing the media items in the playlist [Paragraph 0062 teaches user’s song capture is aggregated and stored in a database to be displayed using a graphical and textual interface through a unified music feed on the application; Paragraph 0072 teaches user can equally check what his/her top played songs are; Fig. 14, Most Played songs playlist].
As to claim 8:
Boyle discloses:
the media database includes identification information of media items, each of which has a set of reference information associated therewith [Paragraph 0056 teaches content ID holds data that uniquely identifies the content being played, e.g., the music or audio, and data that indicates the device that played the content].
As to claim 9:
Boyle discloses:
categorize the media items identified in the user database based at least in part on reference information associated with corresponding media items identified in the media database [Paragraph 0056 teaches content information contains metadata including genre of the music; Paragraph 0074 teaches aggregation of the most played songs on the application, which can be filtered by genre, time, user ID, location, etc.].
As to claim 10:
Boyle discloses:
categorize the media items identified in the user database, based at least in part on a user profile stored in the remote server [Paragraph 0074 teaches aggregation of the most played songs on the application, which can be filtered by genre, time, user ID, location, etc.].
As to claim 11:
Boyle discloses:
the user interface is configured to present a categorized version of the user database to a user [Paragraph 0074 teaches providing ‘rated’ charts which display the most liked songs and most disliked songs].
As to claim 12:
Boyle discloses:
extract metadata for each of the media files stored in the local media store and transmit the extracted metadata to the remote server at regular time intervals [Paragraph 0061 teaches tracking songs to be pushed to the server based on a timer].
As to claim 13:
Boyle discloses:
extract metadata for each of the media files stored in the local media store and transmit the extracted metadata to the remote server when a change in the plurality of media files stored in the local media store is detected [Paragraph 0061 teaches recognizing the state change and tracking the playback, to send the music or new metadata to the server].
As to claim 14:
Boyle discloses:
maintain a record of media files for which metadata has been extracted [Paragraph 0061 teaches only songs that meet the predetermined criteria for a play are tracked].
As to claim 15:
Boyle discloses:
the user interface includes one or more of: a graphical user interface; and a voice user interface, such that a user may interact with the user interface via voice commands [Paragraph 0062 teaches user’s song capture is aggregated and stored in a database to be displayed using a graphical and textual interface through a unified music feed on the application].
As to claim 17:
Boyle discloses:
the local media store includes an external storage device that is connected to the playback unit [Fig. 1, 1, Device, 3, Backend (external storage device connected to 4), 4, Graphical and Textual Interface].
As to claim 18:
Boyle discloses:
the local media store includes a network-attached storage that is communicatively coupled to the playback unit and the metadata extraction unit over a local network [Paragraph 0051 teaches tracking music or other audio metadata at different devices and from different content sources, in communication with a network].
As to claim 19:
Boyle discloses:
the playback unit comprises one or more of a smart speaker and an in-vehicle entertainment system [Paragraph 0052 teaches device can be a mobile terminal or portable terminal including desktop computers, laptop computers, handsets, stations, units devices, multimedia tablets, personal digital assistants, cell phones or any combination thereof].
As to claim 21:
Boyle discloses:
the media files are audio files or video files [Paragraph 0059 teaches media files can be music or video].
Same rationale applies to claim 22, since it recites similar limitations as recited by claim 1, and is therefore, similarly rejected.
Response to Arguments
The following is in response to arguments filed on March 30, 2026. Applicant’s arguments have been carefully and respectfully considered, but are not persuasive.
In regards to claim 1, Applicant argues that “neither Boyle nor Bates make any mention or suggestion of a content playback system configured to provide, on a user device separate from a local media store and separate from a playback unit, a user interface for interacting with the user database”.
In response to the preceding argument, Examiner respectfully disagrees, and respectfully points out that secondary reference, Bates, discloses that the user interface can be separate than the playback unit, as further described in the rejections above, and below.
Bates [Paragraph 0042] teaches a zone player powering separate loudspeakers, where the zone player is the playback unit, and further [Paragraph 0044] teaches that zone players may contain a playlist of audio items to be played, where the items can be found locally, or stored on the zone player itself. Bates [Paragraph 0047] teaches that controller may be provided with a touch screen that allows a user to interact with the controller to retrieve and navigate playlists of audio items, and control operations of the zone players, and further [Paragraph 0049] teaches that an application running on a portable device, e.g., smart phone, laptop, etc., can be used as a controller, which connect to the system through an interface with data network, hence, the user interface is provided separate than the local media store and separate from the playback unit.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RAQUEL PEREZ-ARROYO whose telephone number is (571)272-8969. The examiner can normally be reached Monday - Friday, 8:00am - 5:30pm, Alt Friday, EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sherief Badawi can be reached at 571-272-9782. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/RAQUEL PEREZ-ARROYO/Primary Examiner, Art Unit 2169
Prosecution Insights