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 .
Claims 1 and 3-20 are pending.
Response to Arguments
Applicant's arguments filed, with respect to the amended Claims 1, 9 and 16, have been fully considered but they are not persuasive.
With respect to Claims 1, 9 and 16, the applicant argues that the cited prior art, Siagian et al. (US Patent 12,190,871 B1), fails to disclose “in response to receiving a request for the audio media item from a playback device: provide the transcript and the first audio fingerprint to a playback device, wherein the playback device presents the transcript during playback of a second version of the audio media item in accordance with a comparison of the first audio fingerprint and a second audio fingerprint for the second version of the audio media item” as recited in the claims.
In response, the examiner points out that Siagian teaches that the user device can play, stop and resume the media playback at the device (see Fig.9 (904,910), Col.11, Line 8-23 and Col.17, Line 33-55, the user device playing, stopping and resuming media playback). This suggests that a request is being made at the user device for the media item.
Siagian further teaches providing a transcript and the first audio fingerprint at the playback device during playback of a media item (see Fig.2 (208,210,220,226), Col.11, Line 1-12 and Col.17, Line 12-15). The text data and the audio data, which includes the transcript text and the audio signature of the first audio file, is provided to the playback device to track the progress of the media playback. A transcript is being presented during playback at the user device.
Siagian also teaches wherein the playback device presents the transcript during playback of a second version of the audio media item in accordance with a comparison of the first audio fingerprint and a second audio fingerprint for the second version of the audio media item (see Fig.2 (208,214,216,220), Fig.9 (904,908), Col.10, Line 57 – Col.11, Line 26 and Col.17, Line 12-15). The transcript of an audio file is being presented during playback at the user device after resuming the playback using the second audio file.
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.
Claims 1, 3-4, 6-16, 18 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Siagian et al. (US Patent 12,190,871 B1).
Regarding Claim 1, Siagian teaches a non-transitory computer readable medium comprising computer readable code executable by one or more processors (see Fig.2 and Col.20, Line 30-35) to:
automatically generate, for a first version of an audio media item, a transcript and a first audio fingerprint indicative of audio characteristics of each of a set of segments of the first version of the audio media item (see Fig.2 (204,208,210,218), Fig.3 (302,306,314) and Col.9, Line 1-55, generating acoustic fingerprint and transcript from the first media file though the acoustic signature module and the speech recognition engine); and
in response to receiving a request for the audio media item from a playback device (see Fig.9 (904,910), Col.11, Line 8-23 and Col.17, Line 33-55, the user device playing, stopping and resuming media playback):
provide the transcript and the first audio fingerprint to a playback device (see Fig.2 (208,210,220,226), Col.11, Line 1-12 and Col.17, Line 12-15, the text data and the audio data, which includes the transcript text and the audio signature of the first audio file, is provided to the playback device to track the progress of the media playback and a transcript is being presented during playback at the user device),
wherein the playback device presents the transcript during playback of a second version of the audio media item in accordance with a comparison of the first audio fingerprint and a second audio fingerprint for the second version of the audio media item (see Fig.2 (208,214,216,220), Fig.9 (904,908), Col.10, Line 57 – Col.11, Line 26 and Col.17, Line 12-15, the transcript of an audio file is being presented during playback at the user device after resuming the playback using the second audio file).
Regarding Claims 3, 12 and 20, Siagian further teaches wherein the first version of the audio media item comprises static content and first dynamic content (see Fig.3 (302,306,314), Col.11, Line 49-60 and Col.17, Line 26-30, media content and dynamic advertisement content of the first audio file), and wherein the second version of the audio media item comprises the static content and second dynamic content (see Fig.3 (304,318,326), Col.11, Line 49-60 and Col.17, Line 26-30, media content and dynamic advertisement content of the second audio file).
Regarding Claim 4, Siagian further teaches computer readable code to: generate a summary of at least a portion of the transcript (see Fig.2 (220) and Col.11, Line 6-26, the playback tracker points to specific portions of the media for playback), wherein the playback device performs playback of the second version of the audio media item based on the summary and portions of the first audio fingerprint associated with the summary (see Fig.2 (220,226), Fig.9 (910), Col.11, Line 1-26 and Col.17, Line 33-55, playing audio file with synchronized contents or segments).
Regarding Claim 6, Siagian further teaches wherein the computer readable code to generate the summary of the at least the portion of the transcript further comprises computer readable code to: automatically generate, for a second audio media item, an additional transcript (see Fig.2 (206,210) and Col.9, Line 36-55), wherein the audio media item and the second audio media item are comprised in an audio media collection (see Fig.2 (206,218) and Col.9, Line 36-55); and generate a summary of the audio media collection based on the audio media item and the second audio media item (see Fig.2 (218,220) and Col.11, Line 1-26, playback tracker points to specific portions of the media for playback).
Regarding Claim 7, Siagian further teaches computer readable code to: generate a classification for at least one of the set of segments of the first version of the media item (see Fig.2 (218), Fig.3 (306,C1,314,A1) and Col.11, Line 27-33, determining media segments and advertisement segments), wherein the classification is usable to determine whether to play, skip, or replace a segment of the media item based on the classification (see Fig.9 (910), Col.11, Line 27-33 and Col.17, Line 33-55).
Regarding Claim 8, Siagian further teaches computer readable code to: generate a media guide for the audio media item based on the summary and the first audio fingerprint (see Fig.2 (220) and Col.11, Line 1-26, the playback tracker determines how the media is played back); and provide the media guide to a playback device (see Fig.2 (220,226), Fig.9 (910) and Col.11, Line 1-26).
Regarding Claim 9, Siagian teaches a non-transitory computer readable medium comprising computer readable code executable by one or more processors (see Fig.2 and Col.20, Line 30-35) to:
receive, at a playback device, a transcript for a first version of an audio media item, a first audio fingerprint indicative of audio characteristics of each of a set of segments of the first version the audio media item (see Fig.2 (204,208,210,218,220), Fig.3 (302,306,314), Fig.10 (1102,1016,1018), Col.9, Line 1-55 and Col.18, Line 42-64), generating acoustic fingerprint and transcript from the first media file though the acoustic signature module and the speech recognition engine and providing the transcript to the media playback device);
receive a second version of the audio media item (see Fig.2 (206), Fig.10 (1102,1016,1018), Col.8, Line 47-51, Col.11, Line 1-12 and Col.18, Line 42-64, resuming media playback with the second audio file);
generate, at a playback device, a second audio fingerprint for the second version of the audio media item (see Fig.2 (206,208), Fig.10 (1102,1016,1018), Col.9, Line 6-22, Col.11, Line 1-12 and Col.18, Line 42-64, audio signature of second audio file to be used after resuming media playback with the second audio file);
and present, during playback of the second version of the audio media item, the transcript in accordance with a comparison of the first audio fingerprint and the second audio fingerprint (see Fig.2 (212,214,220,226), Fig.9 (906), Col.9, Line 47 – Col.10, Line 16, Col.10, Line 57 – Col.11, Line 26 and Col.17, Line 1-15, playing media content with synchronized segments, the transcript of an audio file is being presented during playback at the user device after resuming the playback using the second audio file).
Regarding Claim 10, Siagian further teaches computer readable code to, in response to receiving user input at a particular portion of the presented transcript: determine a first segment of the set of segments associated with the particular portion of the presented transcript (see Fig.9 (906,910), Col.11, Line 1-26 and Col.17, Line 33-55, stop and resume play at particular point of media playback); and resume playback of the second version of the audio media item at a playback position based on a comparison of at least a portion of the first audio fingerprint associated with the first segment with the second audio fingerprint (see Fig.2 (218,220), Fig.9 (910), Col.11, Line 1-26 and Col.17, Line 33-55).
Regarding Claims 11 and 18, Siagian further teaches wherein the computer readable code to resume playback of the second version of the audio media item at the playback position further comprises computer readable code to: construct an initial guess for the playback position based on the particular portion of the presented transcript and the first audio fingerprint (see Fig.9 (906,910), Col.11, Line 1-26 and Col.17, Line 33-55, stop and resume play at particular point of media playback); and determine whether a portion of the second version of the audio media item corresponding to the initial guess based on a comparison of the first audio fingerprint for the initial guess and the second audio fingerprint for the initial guess (see Fig.9 (906,910), Col.11, Line 1-26 and Col.17, Line 33-55, resuming media playback with synchronized segments.
Regarding Claim 13, Siagian further teaches wherein a portion of the transcript is omitted from the presentation in accordance with the comparison (see Fig.9 (904) and Col.17, Line 16-32, the advertisement transcript being omitted).
Regarding Claim 14, Siagian further teaches wherein the second audio fingerprint is generated dynamically during playback of the second version of the audio item (see Fig.2 (206,208), Fig.9 (910) and Col.17, Line 33-55, resume media playback with second audio file).
Regarding Claim 15, Siagian further teaches wherein the transcript and the first audio fingerprint are received from a first provider (seeFig.2 (204,208,210) and Col.9, Line 1-11 and Col.9, Line 36-40), and wherein the second version of the audio media item is received from a second provider (see Fig.2 (206) and Col.9, Line 1-4).
Regarding Claim 16, Siagian teaches a non-transitory computer readable medium comprising computer readable code executable by one or more processors (see Fig.2 and Col.20, Line 30-35) to:
receive, at a local device, a playback request for an audio media item from a first device (see Fig.9 (906,908,910), Col.17, Line 1-15 and Col.17, Line 33-55, start, stop or resume media content playback), wherein the playback request identifies a segment of a first version of the audio media item using a first audio fingerprint for the segment (see Fig.9 (910), Col.11, Line 6-26 and Col.17, Line 33-55, stopping and resuming the media playback will identify a segment to determine a resume position);
generate, by the local device, a second audio fingerprint for a second version of the media item (see Fig.2 (206,208), Fig.9 (910), Col.9, Line 1-11 and Col.17, Line 33-55, stopping and resuming the media playback will utilize the second audio file and its acoustic fingerprint to determine a resume position for restarting playback);
and initiate, at a local device, playback at a location in the second version of the audio media item based on a comparison of the first audio fingerprint and the second audio fingerprint (see Fig.2 (212,218,220), Fig.9 (910), Col.10, Line 27-36 and Col.17, Line 16-55, stopping and resuming the media playback will initiate the comparison of the acoustic fingerprints from the first and second audio files to determine a resume position for restarting playback).
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 5 is rejected under 35 U.S.C. 103 as being unpatentable over Siagian et al. (US Patent 12,190,871 B1) in view of Garmark et al. (US Patent 10,075,496 B2).
Regarding Claim 5, Siagian teaches wherein the playback device performs playback of the second version of the audio media item based on the summary and portions of the first audio fingerprint associated with the summary (see Fig.2 (220,226), Fig.9 (910), Col.11, Line 1-26 and Col.17, Line 33-55, playing media with synchronized contents or segments), but fails to teach wherein the playback devices generates a preview audio media item from the second version of the audio media item based on portions of the first version of the audio media item corresponding to the summary.
Garmark, however, teaches generating a preview for a media content to enable a user to select and view specific portions of the media content (see Col.19, Line 38-49 and Col.20, Line 3-19).
It would have been obvious for one skilled in the art, before the effective filing date of the application, to include to the computer readable medium the code to generates a preview audio media item from the second version of the audio media item based on portions of the first version of the audio media item corresponding to the summary. The motivation would be to enable a user to select and view specific portions of the media content before playback.
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Siagian et al. (US Patent 12,190,871 B1) in view of Coucke et al. (US Patent 12,387,716 B2).
Regarding Claim 19, Siagian teaches computer readable medium of Claim 16 but fail to teach wherein the local device and the first device are associated with a same user profile.
Coucke, however, teaches a server associated with user accounts or profiles for enabling a registered user to stream audio contents for playback (see Fig.11 (1006a) and Col.11, Line 10-18).
It would have been obvious for one skilled in the art, before the effective filing date of the application, to configure the server device to be associated with a local device and a user profile. The motivation would be enable a registered user to stream audio contents at a local device.
Claim Objections
Claim 17 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Regarding Claim 17, the following is a statement of reasons for the indication of allowable subject matter:
The prior art of record fail to teach, disclose or suggest the claimed limitation of (in combination with all of the limitations of the base claim and any intervening claims) “wherein the playback request comprises an indication of a first difference between the first audio fingerprint for the first segment and a server-generated audio fingerprint for a corresponding segment in a third version of the audio media item by the server, and further comprising computer readable code to: determine a second difference between the second audio fingerprint and the server-generated audio fingerprint; and initiate the playback at a location based on the first difference and the second difference”.
Conclusion
THIS ACTION IS MADE FINAL. 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 VU B HANG whose telephone number is (571)272-0582.
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, Hai Phan, can be reached at (571)272-6338. 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.
/VU B HANG/Primary Examiner, Art Unit 2654
Prosecution Insights