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 amendment filed 03/28/2025 has been entered. Applicant has amended claims 2-7, 9-14 and 16-21. No claims have been cancelled or added. Claims 2-21 are currently pending in the instant application.
Response to Arguments
Applicant’s arguments, see pages 8-12, filed 03/28/2025, with respect to the rejection(s) of claim(s) 2-21 under 35 U.S.C. 102 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made over Jehan et al (US20180054592) in view of Willis et al (US20130031177). The combination teaches the amended limitations as seen in the current rejection below.
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) 2-21is/are rejected under 35 U.S.C. 103 as being unpatentable over Jehan et al (US20180054592) in view of Willis et al (US20130031177).
Regarding claim 2, Jehan dislcloses:
(Currently Amended) At least one non-transitory computer readable medium comprising instructions stored on the computer readable medium that when executed cause a computing system to:receive, during playback of a first collection of media items selected based on a first selection criteria, ([0068] Mass storage device 630 additionally stores data receiving unit 631, input unit 632, feature vector selection unit 633, cosine distance setting unit 634, clustering unit 635, skip calculation unit 636, and skip comparison unit 637. Data receiving unit 631 receives, from a server, a plurality of feature vectors, each feature vector representing one of a plurality of digital media objects. Input unit 632 receives one or more skip requests, for example, from a single skip button (e.g., 210, FIG. 2). Feature vector selection unit 633 selects from among the received feature vectors individual feature vectors in accordance with the skip requests received by input unit 632 and instructs a media object playback device to playback a media object represented by the selected feature vector. Cosine distance setting unit 634 calculates skip durations as the length of time between two or more received skip requests and sets a cosine distance used by the feature vector selection 633 to select from among the feature vectors. Clustering unit 635 clusters the received feature vectors into one or more groups. Skip calculation unit 636 calculates skip durations by measuring the time between when two successive skip requests. Skip comparison unit 637 compares one or more calculated skip durations such that the feature vector selection unit 633 may select feature vectors in accordance with one or more calculated skip)
Jehan does not explicitly teach an ordered sequence of feedback data comprising a skip status and a category for each of a sequence of one or more prior played media items of the first collection; and in accordance with a determination that the feedback data satisfies a steering criterion to modify selection criteria by which media items are selected for playback: cease a first transmission of the first collection of media items ,select a second collection of media items based on a second selection criteria, and initiate a second transmission of an additional media item from the second collection of media items for playback.
Willis teaches an ordered sequence of feedback data comprising a skip status and a category for each of a sequence of one or more prior played media items of the first collection; ([0195] The user's feedback may also be used to rate candidate lists and/or related users. For example, the user's feedback may be used to indicate that a first candidate list of a plurality of candidate lists that are multiplexed together is highly accurate or includes many preferred items of media content for a particular user, while a second candidate list of the plurality of candidate lists is inaccurate or includes few preferred items or many disliked items. Similarly, while the recommendation service may initially determine that a related user is moderately similar to the requesting user, the recommendation service may increase or decrease the similarity or matching score based on feedback of the requesting user to items of media content for which the related user has indicated a preference.) and in accordance with a determination that the feedback data satisfies a steering criterion to modify selection criteria by which media items are selected for playback: ([0198] In still another embodiment, responsive to a user skipping an item of media 1106, the recommendation service may increment a skip counter. Responsive to the skip counter exceeding a predetermined threshold, the recommendation service may decrease a weight of the first candidate list. In one embodiment, the skip counter may be specific to the item of media. In such embodiments, responsive to the skip counter exceeding a predetermined threshold, the recommendation service may decrease a weight of the item of media or decrease the item's score or position within the list.) cease a first transmission of the first collection of media items ,select a second collection of media items based on a second selection criteria, and initiate a second transmission of an additional media item from the second collection of media items for playback. ([0195] The user's feedback may also be used to rate candidate lists and/or related users. For example, the user's feedback may be used to indicate that a first candidate list of a plurality of candidate lists that are multiplexed together is highly accurate or includes many preferred items of media content for a particular user, while a second candidate list of the plurality of candidate lists is inaccurate or includes few preferred items or many disliked items. Similarly, while the recommendation service may initially determine that a related user is moderately similar to the requesting user, the recommendation service may increase or decrease the similarity or matching score based on feedback of the requesting user to items of media content for which the related user has indicated a preference.)
Accordingly, it would have been obvious to one of ordinary skill in the art before the
effective filing date of the claimed invention to have modified the teachings of Jehan to include an ordered sequence of feedback data comprising a skip status and a category for each of a sequence of one or more prior played media items of the first collection; and in accordance with a determination that the feedback data satisfies a steering criterion to modify selection criteria by which media items are selected for playback: cease a first transmission of the first collection of media items ,select a second collection of media items based on a second selection criteria, and initiate a second transmission of an additional media item from the second collection of media items for playback. It would be advantageous since it allows for higher user satisfaction by playing music the user is interested as taught by the cited sections of Willis.
Jehan in view of Willis teaches the claimed invention of claim 1, Jehan furthes teaches dependent claims 3-8 as seen below
3. (Currently Amended) The at least one non-transitory computer readable medium of claim 2, wherein the additional media item is selected based on user profile information associated with a user of the client device, the user profile information identifying one or more media item preferences of the user ([0078] If, in step S711, a first skip request is detected, the process proceeds to step S712, in which a first feature vector from among the plurality of feature vectors is selected and then to step S713, in which a media object playback device is instructed to playback a media object from among the plurality of media objects represented by the selected feature vector. The first selected feature vector may be selected randomly or based on any other set of programmed rules, for example, the first selected feature vector could correspond to the most recent media object added to a playlist, a most popular song of the day, a curated selection made by an editorial staff, or a recommendation based on a taste profile.).
4. (Currently Amended) The at least one non-transitory computer readable medium of claim 3, wherein the additional media item is selected based on user taste information associated with a user of the client device that provided the request to play unspecified media items, the user profile information identifying one or more media item preferences of the user, wherein user taste information represents favorite genres of the user ([0086] It should be understood that FIGS. 7A-7E provide merely a general framework by which countless rules can be designed for comparing skip durations and setting the cosine distance. The steps of each process may be performed in various order, for example, the clustering of feature vectors can be performed before any skip requests are detected. In addition, various rules can also be designed for determining the direction in which the media control device or component selects one mapped media object after another. For example, the media control device can be instructed to move between clusters of media objects in a certain order, for example, in order of favorite genres of a user, date of release, or audio attributes such as tempo or intensity..
5. (Currently Amended) The at least one non-transitory computer readable medium of claim 2, wherein the additional media item is selected based on implied feedback data including one or more observations, wherein the one or more observations include increased volume and client device orientation. ([0086] It should be understood that FIGS. 7A-7E provide merely a general framework by which countless rules can be designed for comparing skip durations and setting the cosine distance. The steps of each process may be performed in various order, for example, the clustering of feature vectors can be performed before any skip requests are detected. In addition, various rules can also be designed for determining the direction in which the media control device or component selects one mapped media object after another. For example, the media control device can be instructed to move between clusters of media objects in a certain order, for example, in order of favorite genres of a user, date of release, or audio attributes such as tempo or intensity..
6. (Currently Amended) The at least one non-transitory computer readable medium of claim 2, wherein the additional media item is selected from one or more candidate media items for playback by the client device, wherein the one or more candidate media items were not included with the first collection of media items ([0084] Alternatively, in the process shown in FIG. 7E, step S751 first involves clustering the plurality of feature vectors. In step S752, two or more skip durations are calculated, each skip duration equal to a length of time between two successive skip requests. In step S753, the calculated two or more skip durations are compared. In step S754, the cosine distance used to select the other feature vector is set based on the calculated skip duration. In step S755, another feature vector from among the plurality of feature vectors is selected that is a cosine distance away from the previously selected feature vector and that is either the same cluster as the previously selected feature vector or from a different cluster than the previously selected feature vector based on the comparison of the calculated two or more skip durations. In step S756, the media object playback device is instructed to playback another media object from among the plurality of media objects represented by the selected other feature vector.).
7. The at least one non-transitory computer readable medium of claim 2 wherein additional media item is selected is performed using a machine learned function
([0060] In FIG. 4B, the eight media objects (O.sub.1, O.sub.2 . . . O.sub.8) are shown as song files clustered into one of two clusters, the clusters corresponding to two different musical genres, rock and electronic dance. The media objects are then further clustered into subgenres within each genre category: metal and punk under the rock genre, and house and techno under the electronic dance genre. It should be understood that the media objects can be clustered, grouped or organized in any number of ways. They can be clustered, for example, based on raw audio or video attributes, artist names, or year of production. They may also be clustered based on user preferences as provided by one or more taste profiles or based on a listing of the media objects in one or more playlists. Clustering may be done by manually labeling the media objects or in an automated fashion using, for example, using a machine learning algorithm, indexing engine or clustering framework).
8. The at least one non-transitory computer readable medium of claim 7 train a machine learning system to yield the machine learned function, the instructions cause the computing system to:input feedback data for media items played in a historical sequence to the machine learning system, where some of the listener feedback for the media items played in the historical sequence is negative feedback; learn, using the machine learning system, which media items were played in the historical sequence after the negative feedback; and output the machine learned function by the machine learning system ([0060] In FIG. 4B, the eight media objects (O.sub.1, O.sub.2 . . . O.sub.8) are shown as song files clustered into one of two clusters, th-e clusters corresponding to two different musical genres, rock and electronic dance. The media objects are then further clustered into subgenres within each genre category: metal and punk under the rock genre, and house and techno under the electronic dance genre. It should be understood that the media objects can be clustered, grouped or organized in any number of ways. They can be clustered, for example, based on raw audio or video attributes, artist names, or year of production. They may also be clustered based on user preferences as provided by one or more taste profiles or based on a listing of the media objects in one or more playlists. Clustering may be done by manually labeling the media objects or in an automated fashion using, for example, using a machine learning algorithm, indexing engine or clustering framework).
Claims 9-21 are rejected using similar reasoning seen the rejection of claims 1-8 due to reciting similar limitations but directed towards a method and system.
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 SAMUEL SHARPLESS whose telephone number is (571)272-1521. The examiner can normally be reached M-F 7:30 AM- 3:30 PM (ET).
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/S.C.S./Examiner, Art Unit 2165
/ALEKSANDR KERZHNER/Supervisory Patent Examiner, Art Unit 2165