DETAILED ACTION
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim 19 rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter due to a computer-readable medium not being defined to exclude transitory propagating signals, and thus ineligible.
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.
Claim(s) 1-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Levy (US 20030021441).
Regarding Claim 1, 10, 19, Levy discloses server comprising a database configured to store a look-up table between identification numbers of a plurality of pieces of audio content identifying a specific piece of audio content of a plurality of pieces of audio content and providing additional related content on a mobile device (paragraph [0005, 0013, 0058]), comprising: modulating an audio watermark onto each piece of audio content of the plurality of pieces of audio content (paragraph [0005, 0013, 0058]), a first server comprising a database configured to store a plurality of pieces of audio content modulated, wherein the audio watermark comprises a unique identification number for each piece of audio content (paragraph [0005, 0013, 0058)); a second server comprising a database configured to store a look-up table between identification numbers of a plurality of pieces of audio content and corresponding additional content (paragraph [0005, 0013, 0058); a network configured to connect the first server and the second server to a mobile device (Paragraphs 0005, 0013, 0058, Figures 1-4); storing said modulated pieces of audio content on a streaming platform (paragraph [0021]); opening a first identifying application on the mobile device, wherein the identifying application is configured to be capable of identifying a specific piece of audio content and providing related additional content (paragraphs [0076] and [0078]- [0080)); opening a second streaming application on the mobile device and playing back a specific piece of audio content, wherein the identifying application remains open in the background (paragraphs [0075] and [0078)}); receiving and demodulating, by the identifying application, the specific played back piece of audio content (paragraph [0078)); identifying, by the identifying application, the specific played back piece of audio content based on the identification number comprised in the audio watermark (paragraph [0058)); retrieving, by the identifying application, a specific additional content corresponding to the identified specific piece of audio content (paragraphs [0059] and [0133]); and rendering the specific additional content corresponding to the identified specific piece of audio content on a display of the mobile device (paragraph [0086)).
Regarding Claim 2, Levy discloses wherein modulating the audio watermark onto each piece of the plurality of pieces of audio content comprises dividing the first 40 seconds of each piece of audio content into five time intervals and modulating a data signal onto each piece of audio content in each of said five intervals at least eight times (Paragraph 0005, 0013, 0021, 0058-0059, 0075-0080, 0086, 0133; Figures 1-4).
Regarding Claim 3, Levy discloses wherein each of said data signals has a size of 10 bits (Paragraph 0005, 0013, 0021, 0058-0059, 0075-0080, 0086, 0133; Figures 1-4).
Regarding Claim 4, Levy discloses wherein the five time intervals are of a same or of a different size (Paragraph 0005, 0013, 0021, 0058-0059, 0075-0080, 0086, 0133; Figures 1-4).
Regarding Claim 5, Levy discloses wherein the data signal of the first time interval comprises a start signal being identical for each piece of audio content of the plurality of pieces of audio content and is configured to trigger the step of identifying the specific piece of audio content by the first application, and wherein the data signals of the second to fifth time intervals are characteristic for each piece of audio content of the plurality of pieces of audio content. (Paragraph 0005, 0013, 0021, 0058-0059, 0075-0080, 0086, 0133; Figures 1-4).
Regarding Claim 6, Levy discloses wherein identifying the played back specific piece of audio content is based on the identifying application consulting a cache including a look-up table between the identification numbers of the plurality of pieces of audio content and their corresponding additional contents on the mobile device (Paragraph 0005, 0013, 0021, 0058-0059, 0075-0080, 0086, 0133; Figures 1-4).
Regarding Claim 7, Levy discloses wherein identifying the played back specific piece of audio content by the identifying application comprises trying to perform said identification already after receiving and demodulating merely the second or merely the second and the third data signal; and if said identification is already possible, rendering the specific additional content corresponding to the identified specific piece of audio content in the identifying application on the mobile device (Paragraph 0005, 0013, 0021, 0058-0059, 0075-0080, 0086, 0133; Figures 1-4).
Regarding Claim 8, Levy discloses wherein the last part of the identification number corresponding to the data signal of the fifth interval is unknown to the identifying application and is transmitted to a server for a confirmation (Paragraph 0005, 0013, 0021, 0058-0059, 0075-0080, 0086, 0133; Figures 1-4).
Regarding Claim 9, Levy discloses after receiving and demodulating all five data signals, transmitting the complete identification number to the server, wherein the part of the identification number corresponding to the first four data signals is transmitted as plain text and the last part of the identification number corresponding to the fifth data signal is transmitted in the form of a hash generated from the identification number (Paragraph 0005, 0013, 0021, 0058-0059, 0075-0080, 0086, 0133; Figures 1-4).
Regarding Claim 11, Levy discloses wherein the audio watermark comprises five data signals modulated onto each piece of audio content within five time intervals at least eight times (Paragraph 0005, 0013, 0021, 0058-0059, 0075-0080, 0086, 0133; Figures 1-4).
Regarding Claim 12, Levy discloses wherein each of said data signals has a size of 10 bits (Paragraph 0005, 0013, 0021, 0058-0059, 0075-0080, 0086, 0133; Figures 1-4).
Regarding Claim 13, Levy discloses wherein the five time intervals are of a same or of a different size (Paragraph 0005, 0013, 0021, 0058-0059, 0075-0080, 0086, 0133; Figures 1-4).
Regarding Claim 14, Levy discloses wherein the data signal of the first time interval comprises a start signal being identical for each piece of audio content of the plurality of pieces of audio content and is configured to trigger the identification process of the specific piece of audio content, and wherein the data signals of the second to fifth time intervals are characteristic for each piece of audio content of the plurality of pieces of audio content (Paragraph 0005, 0013, 0021, 0058-0059, 0075-0080, 0086, 0133; Figures 1-4).
Regarding Claim 15, Levy discloses wherein the mobile device is further configured to identify the played back specific piece of audio content based on consulting a cache including a look-up table between the identification numbers of the plurality of pieces of audio content and their corresponding additional contents comprised in the memory of the mobile device (Paragraph 0005, 0013, 0021, 0058-0059, 0075-0080, 0086, 0133; Figures 1-4).
Regarding Claim 16, Levy discloses wherein the mobile device is configured to try to identify the played back specific piece of audio content already after receiving and demodulating merely the second or merely the second and the third data signal and further to render the specific additional content corresponding to the identified specific piece of audio content on the display, if the identification has been possible (Paragraph 0005, 0013, 0021, 0058-0059, 0075-0080, 0086, 0133; Figures 1-4).
Regarding Claim 17, Levy discloses wherein the mobile device is unable to verify a last part of the identification number corresponding to the data signal of the fifth time interval and thus is configured to transmit said last part of the identification number to the second server for performing a confirmation (Paragraph 0005, 0013, 0021, 0058-0059, 0075-0080, 0086, 0133; Figures 1-4).
Regarding Claim 18, Levy discloses wherein the mobile device is further configured to transmit the part of the identification number corresponding to the first four data signals as plain text and the last part of the identification number corresponding to the fifth data signal in the form of a hash generated from the identification number (Paragraph 0005, 0013, 0021, 0058-0059, 0075-0080, 0086, 0133; Figures 1-4).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANKUR JAIN whose telephone number is (571)272-9747. The examiner can normally be reached on Monday-Friday 10:00-6:00
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/ANKUR JAIN/ Primary Examiner, Art Unit 2649