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 .
Miscellaneous
Claims pending: 2, 4-17, 19-23,
Claims amended: 2, 8, 17, 21,
Claims cancelled: 1, 3, 18,
New claims:
Double patent
Applicant’s terminal disclaimer approved on 11/03/2025 overcome the double patent issue raised; therefore, it is withdrawn.
Response to Arguments
Applicant’s arguments, with respect to the rejection(s) of claim(s) 2, 8, 17, 21-23 have been fully considered.
Regarding applicant’s remarks dated 11/03/2025, Regarding none of the cited references Miyazaki, Martin teach the amended claim portions of the independent claims 2, 17, 21.
Upon further consideration, a new ground(s) of rejection is made in view of Dion please see action below for details.
Applicant’s arguments, with respect to the rejection(s) of claim(s) 4-7, 9-16, 19-20, have been fully considered and are rejected based on the same reasons as claims 2, 17, and 21 above.
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.
Claim(s) 2, 8-15, 17, 21-23, is/are rejected under 35 U.S.C. 103 as being unpatentable over (US 20190121823) to (Miyazaki), in view of (US 20150249857) to (Dion) in view of (US 20090222392) to (Martin).
Regarding claim(s) 2, 21, Miyazaki teach an electronic device having one or more
processors and memory storing one or more programs for execution by the electronic device, and a non-transitory computer-readable storage medium having one or more processors and memory storing one or more programs for execution by an electronic device (Fig 4, 5, P. 103, 128, 123, 136, 139, 141, 287, 312, 369-371,);
maintaining:(i) a shared playback queue for a shared listening session, the shared
playback queue comprising one or more media content items requested by respective users participating in the shared listening session, including a first media content item requested by a first user,… including first user and a second user; based on the respective user that added each respective media content item of the one or more media content items to the shared playback queue…while providing a shared listening session having a shared playback queue comprising
one or more media content items requested by respective users, including a first media content item requested by a first user: receiving a second request, from a second user, to add a second media content item to the shared playback queue; in response to receiving the second request, updating the shared playback queue, including ordering the one or more media content items in the shared playback queue; providing, for playback in the shared listening session, the second media content item based on the order of the shared playback queue. (Fig. 6, 9, P. 87, 91, 117, 127, 160, 167, 171-172, 182, Miyazaki teach a shared playlist with meta-information associated with content stored in each communication terminal, wherein each one of the communication terminals which correspond to different user(s) respectively (first and second users), can select, add, and change the order of the shared playlist of songs/content, such that each time a user/terminal makes a change, the shared playlist is updated and sync-ed between all the user(s)/terminal(s) accordingly, which reads on (shared
playback queue comprising one or more media content items requested by respective users participating in the shared listening session, including a first media content item requested by a first user,… including first user and a second user));
Dion further teach maintaining both: (i) a shared playback queue for a shared listening session, and (ii)respective user queues, separate from the shared playback queue, for respective users participating in the shared listening session, including first user and a second user; based on the respective user that added each respective media content item of the one or more media content items to the shared playback queue, without modifying the respective user queue for the first user. (Dion Fig 21b, 26D, P. 177, 181, 317, A user may update and/or maintain individual or shared playlists. Alternative or in addition, a user may update and/or maintain a collaborative playlist with friends, a user may create their private playlist, restrict other users from browsing their playlists. Users preferably can search through songs using the above-described methods and/or use system-generated suggestions to build their playlists. give their playlists descriptive titles)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Miyazaki by maintaining both: (i) a shared playback queue for a shared listening session, and (ii)respective user queues, separate from the shared playback queue, for respective users participating in the shared listening session, including first user and a second user; based on the respective user that added each respective media content item of the one or more media content items to the shared playback queue, without modifying the respective user queue for the first user as taught by Dion in order to provide the user with access to content they desire in a timely fashion.
Martin further teach receiving an indication that first user is no longer participating in
shared listening session; and in response to receiving the indication that the first user is no longer participating in the shared listening session, removing the first media content item requested by the first user from the shared playback queue. (P. 83, 144-149, Martin teach creating a group playlist by aggregating user taste data, for a plurality of users within the group, which is shared and played within the group, as a user leaves the group, the system may also be configured to remove that user's taste data from the pool of taste data for the group. In some embodiments in which the media items available for inclusion in a playlist are provided by users and not centrally maintained by the system, … specific embodiment teach may remove media items from the dynamic playlist as a user member depart from the group (physically leaving or logging out), particularly in those situations where the user member actually contribute the media items to the shared playlist pool, which reads on (first user is no longer participating in the shared listening session, removing the first media content item requested by the first user from the shared playback queue)).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Miyazaki in view of Dion by receiving an indication that first user is no longer participating in shared listening session; and in response to receiving the indication that the first user is no longer participating in the shared listening session, removing the first media content item requested by the first user from the shared playback queues taught by Martin in order to effectively maintain a dynamic interactive entertainment system.
Regarding claim(s) 8, Miyazaki in view of Dion in view of Martin teach the method, the electronic device, removing the media content items requested by the first user from the shared playback queue, the first media content item, the shared playback queue.
Miyazaki further teach receiving a fifth request, from a third user, to add a fifth media content item to the shared playback queue, (Fig. 6, 9, P. 87, 91, 117, 127, 160, 167, 171-172, 182, specifically Fig. 6, 9, P. 87, 91, 117, 127, Miyazaki teach Playlist Management Unit 1102 for processing meta-information associated with content stored in each communication terminal (respective user queue for each user participating in the shared listening session), Playlist 140 of Fig. 6 including content from different user accounts (one or more media content items from the respective user queues));
in response to the fifth request, updating a respective user queue for the third user to include the fifth media content item; and updating the shared playback queue using the respective user queues of the first user, the second user, and the third user. (Fig. 6, 9, P. 87, 91, 117, 127, 160, 167, 171-172, 182, specifically Fig. 11, P. 160, 180, 191, Miyazaki further teach multiple second communication terminals, with further reference to select content other than currently playing at S132 of Fig. 11, and Update Playlist at S134).
Regarding claim(s) 9, Miyazaki in view of Dion in view of Martin teach the method, the electronic device, updating the shared playback queue.
Miyazaki further teach in accordance with a determination that one or more media content items have been added to any of the respective user queues: clearing the shared playback queue; and regenerating the shared playback queue to include the media content items in the respective user queues, including the one or more media content items that have been added (Fig. 6, 9, P. 87, 91, 117, 127, 160, 167, 171-172, 182, specifically Fig. 14, P. 141-142, Miyazaki further teach morphing of content associated with desired playlist at 193 of Fig. 14, selection of songs as basic playable list at 185 of Fig. 14,).
Dion further teach determining whether media content items have been added to the respective user queues. (Fig. 4B, P. 113, Dion teach the process of Fig. 4B including choosing content for inclusion in playback queue)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Miyazaki in view of Dion in view of Martin by determining whether media content items have been added to the respective user queues as taught by Dion in order to provide the user with access to content they desire in a timely fashion.
Regarding claim(s) 10, Miyazaki in view of Dion in view of Martin teach, the method, the electronic device, the third request to adjust the shared playback queue, the third media content item.
Miyazaki further teach in accordance with a determination that one or more media content items have been added to any of the respective user queues; in accordance with a determination that one or more media content items have been added to any of the respective user queues, adding the one or more media content items to the shared playback queue without clearing the shared playback queue (Miyazaki Fig 9, 10, P. 87, 91, 117, 127, 160, 167, 171-172, 182, the user selects a stored content at S121, for adjustment of the playback order and updates the shared playlist, in the case when a song is added in the shared playlist and playlist is updated accordingly).
Dion further teach determining whether media content items have been added to the respective user queues. (Fig. 4B, P. 113, Dion teach the process of Fig. 4B including choosing content for inclusion in playback queue)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Miyazaki in view of Dion in view of Martin by determining whether media content items have been added to the respective user queues as taught by Dion in order to provide the user with access to content they desire in a timely fashion.
Regarding claim(s) 11, Miyazaki in view of Dion in view of Martin teach, the method, the electronic device, storing the respective user queues, the first user and the second user, the media content items, the shared listening session.
Dion further teach storing all of the media content items requested by first user and second user after media content items have been played in shared listening session. (Dion P. 264, storage of playlist associated with account/profile information).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Miyazaki in view of Dion in view of Martin by storing all of the media content items requested by first user and second user after media content items have been played in shared listening session as taught by Dion in order to provide the user with access to content they desire in a timely fashion.
Regarding claim(s) 12, Miyazaki in view of Dion in view of Martin teach, the method, the electronic device, the media content items included in the shared playback queue.
Dion further teach after media content items included in shared playback queue have
been provided, without user intervention, adding additional media content items to the shared playback queue. (Dion P. 208-209, when no music is queued background music is automatically selected and played)
Therefore, it would have been obvious to one of ordinary skill in the art before the
effective filing date of the claimed invention to modify Miyazaki in view of Dion in view of Martin by after media content items included in shared playback queue have been provided, without user intervention, adding additional media content items to the shared playback queue as taught by Dion in order to provide the user with access to content they desire in a timely fashion.
Regarding claim(s) 13, Miyazaki in view of Dion in view of Martin teach, the method, the electronic device, the additional media content items are automatically selected, the shared listening session.
Dion further teach based at least in part on one or more media items that were selected
by a respective user for shared listening session. (Dion P. 116, 185-186, 208-209 plurality of selectable instances of media is formed from instances of media previously played by the user within a predetermined time period and/or from instances of media previously played by the user at a predetermined location)
Therefore, it would have been obvious to one of ordinary skill in the art before the
effective filing date of the claimed invention to modify Miyazaki in view of Dion in view of Martin by based at least in part on one or more media items that were selected by a respective user for shared listening session as taught by Dion in order to provide the user with access to content they desire in a timely fashion.
Regarding claim(s) 14, Miyazaki in view of Dion in view of Martin teach, the method, the electronic device, updating the shared playback queue, the first and second user.
Dion further teach positioning a plurality of media content items requested by first user before playing a plurality of media content items requested by second user. (Dion Fig. 19, P. 153-154, including placing song at position in priority play queue at 257 including playing the requested song before other songs)
Therefore, it would have been obvious to one of ordinary skill in the art before the
effective filing date of the claimed invention to modify Miyazaki in view of Dion in view of Martin by positioning a plurality of media content items requested by the first user before playing a plurality of media content items requested by the second user as taught by Dion in order to provide the user with access to content they desire in a timely fashion.
Regarding claim(s) 15, Miyazaki in view of Dion in view of Martin teach, the method, the electronic device, updating the shared playback queue, the first and the second media content item.
Dion further teach removing second media content item from shared playback queue in response to initiating playback of second media content item. (Dion Fig. 19A, P. 161, including removing finished song from list at S1906).
Therefore, it would have been obvious to one of ordinary skill in the art before the
effective filing date of the claimed invention to modify Miyazaki in view of Dion in view of Martin by removing second media content item from shared playback queue in response to initiating playback of second media content item as taught by Dion in order to provide the user with access to content they desire in a timely fashion.
Regarding claim(s) 17, Miyazaki teach one or more processors; and memory storing one or more programs for execution by the one or more processors, the one or more programs including instructions (Fig 4, 5, P. 103, 128, 123, 136, 139, 141, 287, 312, 369-371,);
while providing a shared listening session having a shared playback queue comprising one or more media content items requested by respective users, including a first media content item requested by a first user: receiving a second request, from a second user, to add a second media content item to the shared playback queue; in response to receiving the second request, updating the shared playback queue, including ordering the one or more media content items in the shared playback queue based on the respective user that added each respective media content item of the one or more media content items to the shared playback queue; providing, for playback in the shared listening session, the second media content item based on the order of the shared playback queue (Fig. 6, 9, P. 87, 91, 117, 127, 160, 167, 171-172, 182, Miyazaki teach a shared playlist with meta-information associated with content stored in each communication terminal, wherein each one of the communication terminals which correspond to different user(s) respectively, can select, add, and change the order of the shared playlist of songs/content, such that each time a user/terminal makes a change, the shared playlist is updated and sync-ed between all the user(s)/terminal(s) accordingly);
Dion further teach maintaining both: (i) a shared playback queue for a shared listening session, and (ii)respective user queues, separate from the shared playback queue, for respective users participating in the shared listening session, including first user and a second user; based on the respective user that added each respective media content item of the one or more media content items to the shared playback queue, without modifying the respective user queue for the first user. (Dion Fig 21b, 26D, P. 177, 181, 317, A user may update and/or maintain individual or shared playlists. Alternative or in addition, a user may update and/or maintain a collaborative playlist with friends, a user may create their private playlist, restrict other users from browsing their playlists. Users preferably can search through songs using the above-described methods and/or use system-generated suggestions to build their playlists. give their playlists descriptive titles)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Miyazaki by maintaining both: (i) a shared playback queue for a shared listening session, and (ii)respective user queues, separate from the shared playback queue, for respective users participating in the shared listening session, including first user and a second user; based on the respective user that added each respective media content item of the one or more media content items to the shared playback queue, without modifying the respective user queue for the first user as taught by Dion in order to provide the user with access to content they desire in a timely fashion.
Martin further teach receiving an indication that first user is no longer participating in
shared listening session; and in response to receiving the indication that the first user is no longer participating in the shared listening session, removing the first media content item requested by the first user from the shared playback queue. (P. 83, 144-149, Martin teach creating a group playlist by aggregating user taste data, for a plurality of users within the group, which is shared and played within the group, as a user leaves the group, the system may also be configured to remove that user's taste data from the pool of taste data for the group. In some embodiments in which the media items available for inclusion in a playlist are provided by users and not centrally maintained by the system, … specific embodiment teach may remove media items from the dynamic playlist as a user member depart from the group (physically leaving or logging out), particularly in those situations where the user member actually contribute the media items to the shared playlist pool, which reads on (first user is no longer participating in the shared listening session, removing the first media content item requested by the first user from the shared playback queue)).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Miyazaki in view of Dion by receiving an indication that first user is no longer participating in shared listening session; and in response to receiving the indication that the first user is no longer participating in the shared listening session, removing the first media content item requested by the first user from the shared playback queue as taught by Martin in order to effectively maintain a dynamic interactive entertainment system.
Regarding claim(s) 22, Miyazaki in view of Dion in view of Martin teach the method, the electronic device, in response to receiving the indication that the first user is no longer participating in the shared listening session, the playback queue for the first user.
Martin further teach clearing a separate playback queue for first user. (P. 83, 144-150, Martin teach creating a group playlist by aggregating user taste data, for a plurality of users within the group, which is shared and played within the group, as a user leaves the group, or join the group, the system remove/adds that user's contributed content items via the taste data and/or the actually content items from the user. Specific embodiment teach remove media items from the dynamic playlist as a user member depart from the group (physically leaving or logging out), the removed media item can be via taste data and/or particularly user member contributed media items to the shared playlist pool, which reads on (clearing a separate playback queue for first user), specifically P 149).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Miyazaki in view of Dion in view of Martin by clearing a separate playback queue for first user taught by Martin in order to effectively maintain a dynamic interactive entertainment system.
Regarding claim(s) 23, Miyazaki in view of Dion in view of Martin teach the method, the electronic device, after receiving the second request to add the second media content item to the shared playback queue, the shared playback queue, the first media content item and the second media content item.
Martin further teach without explicit user selection, adding an additional content item to shared playback queue based on a context that is based on a plurality of media content items in shared playback queue, including first media content item and second media content item. (P. 83, 144-150, Martin teach creating a group playlist by aggregating user taste data, for a plurality of users within the group, which is shared and played within the group, as a user leaves the group, or join the group, the system remove/adds that user's contributed content items via the taste data and/or the actually content items from the user, which reads on (without explicit user selection, adding an additional content item to shared playback queue based on a context) and in cases where there are few users, and for each user the playlist includes a large number of items responsive to the taste of just that user, some embodiments may replace some media items with additional media items. These additional or supplemental media items may not be provided by any of the members in the group, and may be selected according to a diversifying criterion to bring more variety to the group playlist, which reads on (additional content item to shared playback queue based on a context that is based on a plurality of media content items in shared playback queue, including first media content item and second media content item)).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Miyazaki in view of Dion in view of Martin without explicit user selection, adding an additional content item to shared playback queue based on a context that is based on a plurality of media content items in shared playback queue, including first media content item and second media content item as taught by Martin in order to effectively maintain a dynamic interactive entertainment system.
Claim(s) 4-7, 19-20, is/are rejected under 35 U.S.C. 103 as being unpatentable over (US 20190121823) to (Miyazaki) in view of (US 20150249857) to (Dion) in view of (US 20090222392) to (Martin) in view of (US 20110314388) to (Wheatley).
Regarding claim(s) 4, 19, Miyazaki in view of Dion in view of Martin teach the method, the electronic device, the first media content item for playback, the first user, the shared playback queue, the, second media content item, the second user, the user that requested the first media content item in the shared playback queue, the second media content item, the third media content item is adjusted in the shared playback queue.
Miyazaki further teach while providing first media content item for playback, receiving a third request, from first user, to adjust shared playback queue with respect to a third media content item and determining that the third media content item is adjusted in the shared playback queue by a same user that requested the first media content item that is currently playing back (Miyazaki Fig 9, 10, P. 87, 91, 117, 127, 160, 167, 171-172, 182, , specifically P. 167, 171, while streaming the content S120, the first user selects a stored content at S121, for adjustment of the playback order and updates the shared playlist, the request from first user reads on (a third request));
Miyazaki in view of Dion in view of Martin fail to specifically teach determining that second media content item is added to shared playback queue by a user other than user that requested first media content item in shared playback queue; and
in accordance with the determination that the second media content item is added by a user other than the user that requested the first media content item and that the third media content item is adjusted in the shared playback queue by the same user as the first media content item currently provided for playback, positioning the second media content item added by the second user in the order of the shared playback queue to be played back before the third media content item, adjusted by the first user, in the shared listening session.
Wheatley teach determining that the second media content item is added to the shared playback queue by a user other than the user that requested the first media content item in the shared playback queue; and
in accordance with the determination that second media content item is added by a user other than the user that requested the first media content item and that third media content item is adjusted in the shared playback queue by the same user as first media content item currently provided for playback, positioning second media content item added by second user in the order of shared playback queue to be played back before third media content item, adjusted by first user, in shared listening session. (Fig. 1, P. 2-8, 44, media tracks can be added one by one with each user taking a turn and contribute to the collaborative playlist in a round robin fashion, wherein each user gets a turn)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Miyazaki in view of Dion in view of Martin by determining that second media content item is added to shared playback queue by a user other than user that requested first media content item in shared playback queue; and in accordance with the determination that the second media content item is added by a user other than the user that requested the first media content item and that the third media content item is adjusted in the shared playback queue by the same user as the first media content item currently provided for playback, positioning the second media content item added by the second user in the order of the shared playback queue to be played back before the third media content item, adjusted by the first user, in the shared listening session as taught by Wheatley in order to overcome challenges that face social networking services and media services in regard to generating shared playlists.
Regarding claim(s) 5, 20, Miyazaki in view of Dion in view of Martin in view of Wheatley teach, the method, the electronic device, the third request to adjust the shared playback queue, the third media content item.
Miyazaki further teach a request to add third media content item to shared playback queue. (Miyazaki Fig 9, 10, P. 87, 91, 117, 127, 160, 167, 171-172, 182, the user selects a stored content at S121, for adjustment of the playback order and updates the shared playlist, the request from first user reads on (third request)).
Regarding claim(s) 6, Miyazaki in view of Dion in view of Martin in view of Wheatley teach, the method, the electronic device, the third request to adjust the shared playback queue, the third media content item.
Miyazaki further teach a request to reorder the third media content item within the shared playback queue.. (Miyazaki Fig 9, 10, P. 87, 91, 117, 127, 160, 167, 171-172, 182, the user selects a stored content at S121, for adjustment of the playback order and updates the shared playlist, the request from first user reads on (third request), in the case wherein a song is added to the shared playlist that would be followed by updating the playback order);
Regarding claim(s) 7, Miyazaki in view of Dion in view of Martin teach the method, the electronic device, the first media content item for playback, the first user, the shared playback queue, the, second media content item, the second user, the user that requested the first media content item in the shared playback queue, the second media content item, the third media content item is adjusted in the shared playback queue, prior to, receiving the indication that the first user is no longer participating in the shared listening session.
Miyazaki further teach receiving a fourth request, from the first user, to add a fourth media content item to the shared playback queue; (Miyazaki Fig 9, 10, P. 87, 91, 117, 127, 160, 167, 171-172, 182,, specifically P. 167, 171, while streaming the content S120, the first user selects a stored content at S121, for adjustment of the playback order and updates the shared playlist, the request from first user reads on (a fourth request));
Miyazaki in view of Dion in view of Martin fail to specifically teach determining whether an additional request has been received from second user; and in accordance with a determination that an additional request has not been received from second user, updating shared playback queue to include fourth media content item to be played back after second media content item.
Wheatley teach determining whether an additional request has been received from second user; and in accordance with a determination that an additional request has not been received from second user, updating shared playback queue to include fourth media content item to be played back after second media content item. (Fig. 1, P. 2-8, 44, media tracks can be added one by one with each user taking a turn and contribute to the collaborative playlist in a round robin fashion, wherein each user gets a turn)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Miyazaki in view of Dion in view of Martin by determining whether an additional request has been received from second user; and in accordance with a determination that an additional request has not been received from second user, updating shared playback queue to include fourth media content item to be played back after second media content item as taught by Wheatley in order to overcome challenges that face social networking services and media services in regard to generating shared playlists.
Claim(s) 16, is/are rejected under 35 U.S.C. 103 as being unpatentable over (US 20190121823) to (Miyazaki) in view of (US 20150249857) to (Dion) in view of (US 20090222392) to (Martin) in view of (US 20160080473) to (Coburn).
Regarding claim(s) 16, Miyazaki in view of Dion in view of Martin teach the method, the electronic device, in response to receiving the indication that the first user is no longer participating in the shared listening session, the first user.
Miyazaki in view of Dion in view of Martin fail to specifically teach maintaining media content items requested by users other than the first user in the shared playback queue.
Coburn teach maintaining media content items requested by users other than the first user in the shared playback queue. (P. 60, 62, Coburn teach when audio content source removed, indexing of audio items including adding content from an alternate source,)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Miyazaki in view of Dion in view of Martin by maintaining media content items requested by users other than the first user in the shared playback queue as taught by Coburn in order to effectively manage and maintain content sources.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RONG LE whose telephone number is (571)270-7637. The examiner can normally be reached M-F (9 am - 6pm).
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/RONG LE/Primary Examiner, Art Unit 2421