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 .
Claim Objections
Claim 17 is objected to because of the following informalities:
In claim 17, on line 1, it is suggested to replace “wherein the data store containing” with “wherein the data store contains”.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
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.
(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 4,5,7,10,16,18,19,20,22 and 23 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US20160379611 (Georges), hereinafter US’611.
Regarding claim 4, US’611 discloses ‘An apparatus for generating music (US’611, ¶[0022]:”selection, composition, remix, download and playback of music files, and is expected to be particularly useful in the context of music files used in connection with a portable communications device”), the apparatus comprising:
a user interface configured to receive a request to generate music (US’611, ¶[0058]:” use user interfaces that facilitate the creation of, and interaction with, music that is being created”; ¶[0061]:”Handset 102 preferably sends requests to Server 104 using a protocol such as HTTP Post or Get commands. Server 104 preferably responds to such commands with data formatted in XML (eXtended Markup Language transmitted through HTML)”; ¶[0026]:”selection of a particular style or substyle, with a preferably single button push (e.g., play) the system begins automatically composing music”);
and a processor configured to, responsive to the received request: receive user data (US’611, ¶[0159]:”entry to initiate the autocomposition process in Node/Subscriber Unit Music Generator Device 720 is not limited to names, could be extended to other alphanumeric, graphic or other data input (a birthdate, words, random typed characters”);
filter, responsive to the received user data, at least one database containing a plurality of pre-recorded items of music (US’611, ¶[0026]; ¶[0044]; ¶[0071]:” … as categories, styles, artists, etc., are updated in the database regularly, the use of XML to create at least a portion of the menu options available to a user”);
select at least one pre-recorded item of music from the filtered at least one database (US’611, ¶[0067]:”the user preferably selects a music piece such as a song, and (a) the user preferably may preview the song via an HTML GET request, wherein at step 164 the server preferably returns at least a portion of the song file to a memory location on the client”, user selects a music piece/song and the server returns at least a portion of the song file to the client; the complete music piece may subsequently be sent to the client);
modify a characteristic of at least one selected item of music in response to the user data (US’611, ¶[0026]:after music is automatically composed according to the selected style/substyle, the user modifies parameters of the music to create new music; the system controls the parameters and permissible ranges);
generate music using the modified pre-recorded item of music (US’611,¶ [0027]:synthesizer/DSP generation of music and audio samples and storage of samples/sound banks used to create musical composition);
generate metadata associated with the generated music (US’611, Fig. 35, identifies an “Example Music Data File” containing Style/SubStyle, Sound Bank/Synth Type, Sample Frequency/Sample List, Key Tempo, Song Structure, chord data, pattern data, instrument identification, parameters, PRNG seeds and sound-bank data; ¶[0131]: the data file contains “data or instructions that define a song to be generated”);
wherein the user interface is configured to receive a request to replay the generated music (US’611, ¶[0008], ¶[0025]: composition may be “played and/or stored (for later play)” and that modified composition may be stored for “subsequent playback”, Its UI is used for interaction with music that “was created previously”), and where the processor is configured to: retrieve the metadata associated with the generated music (US’611, Fig. 36, ¶¶[0153-[0154]: parameter data is loaded from the broadcast song data structure, music is generated, user changes update relevant parameter data, and a Save command stores all parameter data in non-temporary storage) ;
retrieve, using the metadata, the at least one pre-recorded item of music from the at least one database (US’611, Fig. 35, metadata/data structure contains a “Sample List – List of samples associated with the [data structure/style]” and identifies the sound bank/synth type and sound-bank data used during music generation; ¶[0131]: the received data/instructions define the song and may include samples”; ¶[0137]: the Sample List “lists all the sample that are associated with the data structure” and allows selection/play of relevant samples; ¶0152]:”… the use of such parameters preferably enables all the details necessary to accurately and faithfully regenerate a song from scratch at a node”).
Regarding claim 5, US’611 discloses ‘The apparatus of claim 4, as discussed above.
US’611 further discloses ‘where the processor is further configured to: modify, using the metadata (US’611, Fig. 35 shows that the music-data structure contains parameters used in generating the song, including “Sample Frequency, Key, Tempo, Song Structure, Filtered Track, Chord, Pattern Instrument, State, Parameter, PRNG seed values, and Sound Bank Data; ¶[0131]: the data file contains “data or instructions that define a song to be generated,” while ¶¶[0135]-[0137]: identify sound-bank/synth information, sample frequency information, and a Sample List for the samples associated with the data structure), the at least one pre-recorded item of music to re-generate the generated music (US’611, ¶[0027]: stored “song lists and sample” and sound banks used to create musical compositions; ¶[0037]: the samples associated with the song-data structure and allows relevant samples to be selected and played during playback).
Regarding claim 7, US’611 discloses ‘The apparatus as claimed in claim 4, as discussed above.
US’611 further discloses ‘wherein the processor modifies a characteristic of the at least one selected pre-recorded item of music (US’611, ¶[0026]: after the music is generated, the user may interact with it “to modify parameters of the particular music” and the system controls which parameters may be modified and the ranges of those changes) by modifying at least one of pitch, key, melody, rhythm, timbre, form, and tempo (US’611, ¶[0138]: states that Key indicates the first key used in the song and may be represented by a pitch offset; ¶[0139]: identifies Tempo as the start tempo, Fig. 35 includes Tempo in the music-data structure, ¶¶[0087]-[0088]: generation and alteration of rhythmic events using style/instrument parameters).
Regarding claim 10, US’611 discloses ‘The apparatus as claimed in claim 4, as discussed above.
US’611 further discloses ‘wherein the processor is configured to: receive a change in user data (US’611, ¶[0154]: “if a user input is detected … such as a change of instrument or effect: the relevant parameter data for the portion of the song being changed is updated, Fig. 36 “Receive user input?” followed by updating relevant seeds/data corresponding to song structure);
and modify, responsive to the change in user data, the generated music (US’611, ¶[0154]: after detecting the user’s change, the relevant parameter data is updated and “the generation of the music for the given part preferably continues”; ¶[0026]: the user interacts with auto-composed music to “modify parameters of the particular music”).
Regarding claim 16, US’611 discloses ‘The apparatus as claimed in claim 4, as discussed above.
US’611 further discloses ‘further comprising a data store (US’611, ¶[0154]: all parameter data may be saved to a “non-temporary storage location such as Flash memory, a hard drive, or some other writeable memory storage location that affords some degree of permanence”) to store the generated metadata (US.611, Fig. 36, shows saving all seed values and data corresponding to song structure, filtered track, progression, chord, patter, instrument, etc to non-temporary memory storage).
Regarding claim 18, US’611 discloses ‘The apparatus as claimed in claim 4, as discussed above.
US’611 further discloses ‘further comprising a communication module (US’611, ¶[0127], Fig. 34 show Node Subscriber Unit 860 including Transmission/Reception Circuit 805 and Communication Interface 815 coupled with Music Generator 825; Fig. 34 separately labels these hardware components) configured to receive user data from an external device (US’611, ¶[0123]: the USB communication interface may be replaced with a communication interface connected to data/reception/ broadcast circuitry of an RF-amplifier-based cellular communication module; ¶[0124]: the Node Music Generator Device receives a Broadcast Music Data File from external Transmitter 710).
Regarding claim 19, US’611 discloses ‘The apparatus as claimed in claim 18, as discussed above.
wherein the communication module (US’611, ¶[0127]: Transmission/Reception Circuit 805 and Communication Interface 815 associated with Music Generator 825) is configured to: transmit user data to a remote data store (US’611, ¶[0061]: Handset 102 communicating with remote Server 104, where the server “includes (or has access to)” SQL Database 106; The handset sends requests to Server 104 using HTTP POST or GET commands; ¶[0067]: the user-driven sequence: the user selects a provider, category, and music piece using GET commands sent to the server) comprising the at least one database containing the pre-recorded items of music (US’611, ¶[0061]: Server 104 includes or has access to SQL 106; ¶[0067]: the remote server maintains provider catalogs/categories and returns lists of songs and song file);
receive at least one pre-recorded item of music from the remote data store (US’611, Fig.4 ¶[0067]: after the user selects a music piece, the server returns at least a portion of the song file to a memory location on the client for preview; alternatively, the server “may send the music piece file to the client” by HTTP transfer), or receive generated music, based on the user data, from the remote data store (US’611, ¶[0023]: the server may “receive remix instructions from the client, and to execute remixing algorithms on the server before responding to the client with a remixed music piece. The term “remix” as used herein may include the function of creating music as well as re-creating variations”).
Regarding claim 20, US’611 discloses ‘The apparatus as claimed in claim 4, as discussed above.
US’611 further discloses ‘wherein the user interface is configured to receive feedback data on the generated music (US’611, Fig. 36, ¶[0154]: receiving a user “Save” command, allows user to “listen to most of a song before electing to save it in its entirety”, the user’s save selection constitutes feedback data received through the user interface).
Regarding claim 22, US’611 discloses ‘A method for generating music (US’611,Fig. 36, “Example of Music Generation Flow”, ¶¶[0153]-[0154]:” exemplary process flow for the song generation process”, song parameter data are loaded and music for a given song part is generated), the method comprising:
receiving a request to generate music;
receiving user data;
filtering, responsive to the received user data, at least one database containing a plurality of pre-recorded items of music;
selecting at least one pre-recorded item of music from the filtered at least one database;
modifying a characteristic of the at least one pre-recorded item of music in response to the user data;
generating music using the modified pre-recorded item of music;
and generating metadata associated with the generated music;
receiving a request to replay the generated music;
retrieving the metadata associated with the generated music;
retrieving, using the metadata, the at least one pre-recorded item of music from the at least one database. (Claim 22 corresponds to claim 4)
Regarding claim 23, US’611 discloses ‘A non-transitory data carrier carrying processor control code to implement the method of claim 22 (US’611, ¶¶[0153]-[0154]: ”Flash memory, a hard drive, or some other writeable memory storage location that affords some degree of permanence”; software/firmware implementation performs the Fig. 36 music-generation process).
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 6,8,9,14,14, and 17 are rejected under 35 U.S.C. 103 as being unpatentable over US’611, in view of US20150013533 (Buskies), hereinafter US’533.
Regarding claim 6, US’611 discloses ‘The apparatus as claimed in claim 4, as discussed above.
US’611 further discloses ‘wherein the processor is configured to: select at least two pre-recorded items of music (US’611, ¶¶[0131]-[0137]: Fig. 35 Sample List listing samples associated with the song and permitting relevant samples to be selected and played; and instrument combinations, and Sound Bank Data used during generation);
and combine the selected pre-recorded items of music to generate music (US’611, ¶¶[0131]-[0137], Fig. 35 :Combination – List of Instruments, patterns, blocks, sample, and sound-bank data used to generate the music output).
US’611 teaches a music/SQL database and sound banks.
US’611 does not expressly disclose ‘at least two pre-recorded items from at least two filtered databases.
However, US’533 discloses ‘at least two pre-recorded items from at least two filtered databases (US’533, ¶¶[0055]-[0057]: filtering block 16 filters the musical-elements database responsive to user input and filters/combines musical patterns based on those input parameters; ¶[0058]: MIDI generation block 17 generates a performance “based on the combination of musical elements selected by filter block 160” and “puts together a MIDI-based rhythmic accompaniment based on the filtered musical element”; ¶[0146]:separate stored data repositories: 2134 and musical-elements database 2132).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date to organize the stored musical items of US’611 into multiple databases as taught by US’533 and to filter those databases according to user-selected musical parameters, in order to organize different types of stored musical data and facilitate selection of an appropriate combination of musical elements for generation of the desired music.
Regarding claim 8, US’611 discloses ‘The apparatus as claimed in claim 4, as discussed above.
US’611 teaches stored sound banks, song lists, samples and music components used to create compositions.(Fig. 35 identifies a Sample List, Pattern, Combination/List of Instruments, Instrument State including “solo”, and Sound Bank Data used during music generation).
US’611 does not expressly disclose ‘wherein the at least one database comprises a harmony database, a beat database, a solo database and an atmosphere database,
and wherein the processor is configured to: filter, responsive to the received user data, the harmony database, the beat database, the solo database and the atmosphere database;
and select a first pre-recorded item of music from the filtered harmony database;
and select a further pre-recorded item of music from one or more of: the filtered beat database, the filtered solo database, and the filtered atmosphere database.
However, US’533 discloses ‘wherein the at least one database comprises a harmony database, a beat database, a solo database and an atmosphere database (US’533, ¶¶[0050]-[0051]: musical-elements database is populated with recorded performances/samples comprising “percussive, melodic, or harmonic performances” including guitar, bass, violin, piano, etc., and contains different categories such as micro-timing, micro-dynamics, system patterns, accent patterns, and fills),
and wherein the processor is configured to: filter, responsive to the received user data, the harmony database, the beat database, the solo database and the atmosphere database (US’533, ¶[0052]: receiving user-defined parameters including rhythmic complexity, instrument type, genre, swing, focus, etc.; ¶¶[0055]-[0056]:filtering block 160 filters the musical-elements database based on those user inputs and searches the library to find musical elements satisfying the selected requirements);
and select a first pre-recorded item of music from the filtered harmony database (US’533, ¶[0050]: database may be populated using recordings/samples of harmonic performances as well as melodic and percussive performances; ¶[0065]: generating music using “selected musical elements from the database”);
and select a further pre-recorded item of music from one or more of: the filtered beat database, the filtered solo database, and the filtered atmosphere database (US’533, ¶¶[0050]-[0051], ¶[0061], ¶[0068]: beat is determined of components of performance database containing recorded percussive material, accent patterns, system patterns and fills ¶[0056]: filtering block 160 searches and filters library of reference accent patterns and selects matching patterns based on input parameters, ¶[0058]: generates a rhythmic accompaniment based on the combination of musical elements selected by the filtering block).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to organize the pre-recorded musical items of US’611 into separate databases according to their respective musical type or function, including harmony, beat, solo and atmosphere, and to apply the filtering taught by US’533 to each respective database, because organizing stored musical elements according to their musical function would predictably facilitate searching, filtering, and selecting the respective types of musical elements for combination in generating the desired music.
Regarding claim 9, US’611 (in view of US’533) discloses ‘The apparatus as claimed in claim 8, as discussed above.
US’611 (in view of US’533) further discloses ‘wherein the processor is configured to combine the selected first pre-recorded item of music and each further pre-recorded item of music (US’533, ¶[0055]: filtering block 160 determines an appropriate “combination of musical elements” to create the accompaniment; [0056]: filtering block searches through the stored musical elements and determines an appropriate combination of reference system patterns, fills, micro-dynamics, micro-timing data responsive to selected parameters) to generate music (US’533, ¶[0058]: MIDI generation block 170 “generate[s] a MIDI performance based on the combination of musical elements selected by filter block 160”; ¶[0065]).
Regarding claim 14, US’611 discloses ‘The apparatus as claimed in claim 4, as discussed above.
US’611 further discloses ‘wherein the user interface is configured to receive an operation mode selection (US’611, ¶[0134]: Style/Substyle indicates the music style governing the song-generation process and expressly states that the radio-station style “may be user-selectable” before reception of the music-data file).
US’611 does not expressly disclose ‘and the processor is configured to: filter, responsive to the selected operation mode, at least one database containing a plurality of pre-recorded items of music.
However, US’533 discloses ‘and the processor is configured to: filter, responsive to the selected operation mode (US’533, ¶[0063]: user-selected parameters including genre type/musical style; parameters may also be controlled by preset values, with the input interface controlled by user input block 130; ¶¶[0055]-[0056]:filtering musical-elements database 120 based on user input), at least one database containing a plurality of pre-recorded items of music (US’533, ¶[0056]: musical elements database 120; Filtering block 160 accesses and filters its library; ¶[0065]:musical accompaniment is generated using “selected musical elements from the database” together with the selected style of music).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to configure the user-selectable style/mode system of US’611 to filter its stored musical items responsive to the selected style, as taught by US’533, in order to identify stored musical elements appropriate for the user’s selected musical style for use in generating the desired music.
Regarding claim 15, US’611 discloses ‘The apparatus as claimed in claim 4, as discussed above.
US’611 further discloses ‘wherein the user interface is configured to receive a selection of one or more of: key, pattern and variation, and the processor (US’611, Key and Pattern as song-generation parameters. Fig. 35 identifies Key as the first key/pitch offset and Pattern as instrument combination, block data, and effects data; Fig. 36 shows user input updating data corresponding to pattern and other musical parameters during generation)
US’611 does not expressly disclose ‘is configured to: filter, responsive to the received selection, at least one database containing a plurality of pre-recorded items of music.
However, US’533 discloses ‘is configured to: filter, responsive to the received selection (US’533, ¶[0055]: musical database filtering block 120 based on inputs from user input block 130; ¶[0056]: example of filtering according to user/input parameters and searching through stored reference accent patterns, system patterns, fills, micro-dynamics and micro-timing data), at least one database containing a plurality of pre-recorded items of music (US’533, ¶¶[0049]-[0051]: musical-elements database 120 populated with recorded performances, recordings and samples).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to configure the user-selectable musical-parameter system of US’611 to filter stored musical items responsive to a selected pattern, as taught by US’533, in order to identify stored musical elements having characteristics appropriate for the user’s selected musical pattern for use in generating the desired music.
Regarding claim 17, US’611 discloses ‘The apparatus as claimed in claim 16, as discussed above.
US’611 discloses ‘the data store (US’611, ¶[0154]: all parameter data may be saved to a “non-temporary storage location such as Flash memory, a hard drive, or some other writeable memory storage location that affords some degree of permanence”).
US’611 does not expressly disclose ‘wherein ..[the data store]… containing the at least one database of pre-recorded items of music.
However, US’533 discloses ‘containing the at least one database (US’533, ¶[0145]: identifies storage subsystem 2115, including system memory and nonvolatile storage; ¶[0146]: storage subsystem 2115 stores MIDI database 2134 and musical elements database 2132) of pre-recorded items of music (US’, ¶[0050]: populating musical elements database 120 using a “live performance recorded offline” and a catalogued library of recordings/sample of percussive, melodic or harmonic performances)
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to configure the non-temporary data store of US’611 to also contain the database of stored pre-recorded musical items, as taught by US’533, in order to provide local storage of the musical data and pre-recorded musical elements used by the processor during music generation.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over US’611 in view of US20140140536 (Serletic), hereinafter US’536.
Regarding claim 11, US’611 discloses ‘The apparatus as claimed in claim 10, as discussed above.
US’611 further discloses ‘wherein the processor modifies the generated music (US’611, ¶[0154]: detects changed user input, such as a change of instrument/effect updates the relevant parameter data, and continues generating the music).
US’611 does not expressly disclose ‘by: selecting at least one further pre-recorded item of music from the at least one database;
and replacing one pre-recorded item of music in the generated music with the selected further pre-recorded item of music.
However, US’536 discloses ‘by: selecting at least one further pre-recorded item of music (US’536, ¶[0238]: Sound Searcher Module 150, which searches for “previously recorded” tracks/multi-track recordings. The resulting track may then be “accessed, purchased, or otherwise acquired for use” within the system) from the at least one database (US’536, ¶[0357]: pre-recorded content as audio tracks obtained by download/purchase/import from a network and all audio input tracks may be pre-recorded);
and replacing one pre-recorded item of music in the generated music (US’536, ¶[0131]: receives user input identifying previously recorded audio tracks to be modified during playback; ¶[0132]: permits “removal of an entire track”, adding/removing sounds, and searching for an additional track) with the selected further pre-recorded item of music (US’536, ¶[0132]:”adding more bars to the tracks currently being repeated in a live loop, adding and/or appending previously recorded bars of the multi-track recording with at least a subset of the tracks previously associated with these bars”).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the remixing system of US’611 to permit selection of an additional previously recording track and replacement of an existing track with selected track, as taught by US’536 in order to provide the user with additional options for modifying individual components of the generated musical composition during the remixing process.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over US’611 in view of US20160343363 (Garmark), hereinafter US’363.
Regarding claim 12, US’611 discloses ‘The apparatus as claimed in claim 4, as discussed above.
US’611 does not expressly discloses ‘wherein the processor is configured to: receive a change in user data relating to one or more of: pace, speed and heart rate;
and modify, responsive to the change in user data, the tempo of the generated music.
However, US’363 discloses wherein the processor is configured to: receive a change in user data relating to one or more of: pace, speed and heart rate (US’363, ¶¶[0074]-[0076]: continuously monitoring/acquiring a user’s cadence, receiving a new cadence different from the initial cadence, including from a separate device or user input, and determining whether the cadence has changed);
and modify, responsive to the change in user data, the tempo of the generated music (US’363, ¶[0147]: musical parts can vary depending on the user’s cadence; ”As the user maintains the cadence, or as the cadence changes” parts are added and “The tempo and intensity of the Song can also change”; the song changes dynamically depending on cadence and activity).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the music-generation system of US’611 to receive user pace/cadence data and modify the tempo of the generated music responsive to changes in that data, as taught by US’363, in order to adapt the generated music to the user’s ongoing physical activity and maintain correspondence between the musical tempo and the user’s pace.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over U’611, in view of US20140069262 (Cheever), hereinafter US’262.
Regarding claim 13, US’611 discloses ‘The apparatus as claimed in claim 4, as discussed above.
US’611 further discloses ‘and modify, responsive to the change in user data, a key of the generated music (US’611, ¶[0138]: Key as song-generation parameter; Key indicates the first key used in the song and may be represented by a pitch offset.; user input during generation causes relevant parameter data to be updated while music generation continues).
US’611 does not expressly disclose ‘wherein the processor is configured to: receive a change in user data relating to direction of travel.
However, US’262 discloses ‘wherein the processor is configured to: receive a change in user data relating to direction of travel (US’262, Fig. 7, ¶[0106];¶[0107]: determining whether the direction of travel has changed by comparing a previously determined direction with a current direction; the result is that “a new key or chord will be utilized for generating music notes and/or chords”);
It would have been to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the system of US’611 to modify the musical key based on the change in direction of travel, as taught by US’262, in order to generate music responsive to changes in a user’s movement and provide a harmonious musical progression corresponding to the user’s direction of travel.
Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over US’611, in view of US20160088031 (Kumar), hereinafter US’031.
Regarding claim 21, US’611 discloses ‘The apparatus as claimed in claim 4, as discussed above.
US’611 further discloses ‘wherein the apparatus comprises an image capture device configured to capture an image (US’611, ¶[0109]:” a portable communication device incorporating a digital camera/built-in image capture device), and wherein the processor is configured to: output the generated music (US’611, ¶[0109]: algorithm music generation/auto-composition functions…. the image-capture device allows user to take pictures and “set them to music, preferably as a slideshow”, further called “augmented images” and exchanging them between systems together);
US’611 does not expressly disclose ‘determine the image capture device has captured an image while the generated music is outputted;
create a link between the captured image and the generated music.
However, US’031 discloses ‘determine the image capture device has captured an image while the generated music is outputted (US’031, ¶¶[0105]-[0107]determining that captured images were captured during a time period in which the media item was being played back. The system determines which images were captured during playback and may use playback/start/stop timing information for that determination);
create a link between the captured image and the generated music (US’031, ¶[0016], ¶[0019]: the system receives data representing an image and data representing a media item and then associate[s] “ the media item with the image” and stores data indicating that association; the media item playing when the image was captured is identified and associated with that captured image).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date to configure the image-and-music embodiment of US’611 to determine whether an image was captured during output of the generated music and to associate the captured image with that music, as taught by US’031, in order to preserve the temporal relationship between captured visual content and the music being played and thereby facilitate later presentation of the captured image with the associated music.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US20070261537 “Creating and Sharing Variations of a Music File” teaches creating and recreating variations of music using metadata identifying selected beats, measures, or segments of the original music file.
US20170092247 (Silverstein), [Abstract]:”wherein the system user only requires knowledge of ones own emotions and/or artistic concepts which are to be expressed in a piece of music that will ultimately composed by the automated composition”¶[0053]:”a LCD touch-type display screen, a built-in stereo microphone set, a set of audio signal input connectors for receiving audio signals”); ( [Abstract]:” Automated music composition and generation machine, systems and methods …to instantly create unique and professional-quality music”)
US20140140536 (Serlectic), (¶[0375]: an audio output based upon the input and manipulated harmonizing tracks); ( ¶[0373]:”pre-recorded vocal licks are the base from which tracks are selected based on the transposition values”); (¶¶[0373]-[0375]:selected pre-recorded track may be transposed according to transposition values; individual notes are manipulated according to chord strictness, and an output is produced from the manipulated tracks).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NICOLE K GILLESPIE whose telephone number is (571)482-4187. The examiner can normally be reached Monday-Friday 7:30-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Dedei K Hammond can be reached at (571)270-3819. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NICOLE K GILLESPIE/Examiner, Art Unit 2837
/DEDEI K HAMMOND/Supervisory Patent Examiner, Art Unit 2837
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