DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
1. The amendment filed December 02, 2025 has been entered. Claims 1-13, 18-22, 25, and 26 are pending in the application. Claims 23 and 24 are canceled.
Claim Rejections - 35 USC § 102
2. 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 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.
3. Claim(s) 4, 5, 13, and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ceng et al. (Chinese Pub. No. CN 107277636 A, hereinafter "Ceng").
Regarding Claim 4, Ceng teaches a rhythm interaction method, applied to a target client (rhythm interaction method, Fig. 2, Paras. [0097]-[0142]), wherein a user interface of the target client comprises an operating area (Figs. 11 and 12, Para. [0101]), and the method comprises:
receiving, by the target client, audio data and song rhythm point information sent by a server (server sends audio data and song rhythm point information to target client, Paras. [0102], [0103], [0107]-[0110], [0190], [0214], and [0217]), wherein the target client is a second client of at least one second client that participates in rhythm interaction, and the at least one second client is a client that enters a live broadcast room of a first client (first client sends invitation to second client to participate in a rhythm interactive game during a live broadcast of the first client, Para. [0098]);
playing, by the target client, a song according to the audio data (audio data sent by the server is played on target client, Para. [0214], [0217]);
generating, by the target client, a plurality of visualized rhythm objects according to the song rhythm point information (visual rhythm objects are generated by target client according to rhythm point information, Fig. 13, Paras. [0107]-[0112]), controlling the plurality of visualized rhythm objects to move toward the operating area (rhythm objects are controlled to move towards the operating area, Fig. 13, Paras. [0107]-[0112]), and determining a score of the target client according to at least one touch operation of a user on the operating area (the rhythm point information is used by target client to obtain a score by clicking the interactive rhythm click area, Fig. 13, Paras. [0111]-[0122]);
sending, by the target client, the score of the target client to the server so that the server determines a rhythm interaction result according to the score of the target client (scores are uploaded to server to obtain a result for the rhythm interaction game, Fig. 15, Paras. [0137]-[0139]);
receiving, by the target client, the rhythm interaction result sent by the server (scores are uploaded to server to obtain a result for the rhythm interaction game and the result is sent to target clients, Fig. 15, Paras. [0137]-[0139]); and
displaying, by the target client, the rhythm interaction result (server sends rhythm interaction result to be displayed by target client, Fig. 15, Para. [0139]).
Regarding Claim 5, Ceng teaches wherein the determining the score of the target client according to the at least one touch operation of the user on the operating area comprises:
obtaining, by the target client, a score of each touch operation (a score for each click operation is obtained, Fig. 13, Para. [0111]-[0122]); and
performing, by the target client, addition on the score of each touch operation to obtain the score of the target client (touch operation scores [miss, good, and perfect] are added to obtain target client, Fig. 15, Paras. [0111]-[0139]).
Regarding Claim 13, Ceng teaches target client (Ceng, target client 91, Fig. 9, Para. [0257]-[0260]), comprising:
a processor (Ceng, Paras. [0257]-[0266]); and
memory, configured to store an executable instruction executed by the processor (Ceng, Paras. [0257]-[0266]);
wherein the processor is configured to execute the executable instruction to implement the method according to claim 4 (Ceng, Para. [0266]).
Regarding Claim 19, Ceng teaches wherein the processor is further configured to execute the executable instruction to:
obtain a score of each touch operation (a score for each click operation is obtained, Fig. 13, Para. [0111]-[0122]), and perform addition on the score of each touch operation to obtain the score of the target client (touch operation scores [miss, good, and perfect] are added to obtain target client, Fig. 15, Paras. [0111]-[0139]).
Claim Rejections - 35 USC § 103
4. 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.
5. Claims 1 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Ceng et al. (Chinese Pub. No. CN 107277636 A, hereinafter "Ceng") in view of Naidenov (U.S. Pub. No. 2011/0009191 A1), and further in view of Huang et al. (Chinese Pub No. CN 109286852 A, hereinafter "Huang").
Regarding Claim 1, Ceng teaches a rhythm interaction method, applied to a first client (rhythm interaction method, Fig. 2, Paras. [0097]-[0142]), the method comprising:
wherein the audio data is sent from the server to the first client and at least one second client (server sends audio data to broadcast client and first client, Paras. [0102], [0103], [0214], and [0217]), and wherein the song rhythm point information is sent from the server to at least one target client (song rhythm point information is sent from server to first client, Paras. [0107]-[0110], [0190], and [0217]), and used by the at least one target client to obtain a score of the at least one target client (the rhythm point information is used by first client to obtain a score by playing the rhythm interaction game, Fig. 13, Paras. [0111]-[0122]), wherein the score of the at least one target client is sent from the at least one target client to the server and used by the server to obtain a rhythm interaction result, and wherein the rhythm interaction result is sent from the server to the first client and the at least one target client (scores are uploaded to server to obtain a result for the rhythm interaction game and the result is sent to the broadcast client and target clients, Fig. 15, Paras. [0137]-[0139]); wherein the at least one second client is a client that enters a live broadcast room of the first client, and the target client is a second client of the at least one second client that participates in rhythm interaction (first client sends invitation to second client to participate in a rhythm interactive game during a live broadcast of the first client, Para. [0098]);
playing, by the first client, a song according to the audio data sent by the server (audio data sent by the server is played on anchor device [first client], Para. [0214], [0217]); and
displaying, by the first client, the rhythm interaction result sent by the server (server sends rhythm interaction result to be displayed by first client, Fig. 15, Para. [0139]).
Ceng fails to explicitly teach sending, by the first client, a song identification to a server to enable the server to obtain audio data and song rhythm point information according to the song identification,
displaying, by the first client, the rhythm interaction result sent by the server, within a preset time period before an end of the playing of the song.
However, Naidenov teaches sending, by the first client, a song identification to a server to enable the server to obtain audio data and song rhythm point information according to the song identification (computing device 111 sends identifying information to server 101, which server uses to match and identify music file [audio data] and rhythm timing data for the song, Fig. 2, Paras. [0031]-[0035]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the rhythm interaction method (as taught by Ceng) to include the song identification used to obtain audio data and rhythm point information (as taught by Naidenov). Doing so will enable song by song customization, thereby improving game play and promoting user enjoyment (Naidenov Para. [0008]).
However, Huang teaches displaying, by the first client, the result within a preset time period before an end of the playing of the song (at a target time point before the live stream ends, the competition result is displayed, Para. [0035]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the rhythm interaction method (as taught by Ceng in view of Naidenov) to include displaying the results as at a preset time before end of the paying song (as taught by Huang). Doing so participants receive performance data in advance allowing for a more dynamic and satisfying end to the song streamed.
Regarding Claim 11, Ceng in view of Naidenov, and further in view of Huang teaches first client (Ceng, first client 92, Fig. 9, Para. [0257]-[0260]), comprising:
a processor (Ceng, Paras. [0257]-[0266]); and
memory, configured to store an executable instruction executed by the processor (Ceng, Paras. [0257]-[0266]);
wherein the processor is configured to execute the executable instruction to implement the method according to claim 1 (Ceng, Para. [0262]).
6. Claims 2 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Ceng et al. (Chinese Pub. No. CN 107277636 A, hereinafter "Ceng") in view of Naidenov (U.S. Pub. No. 2011/0009191 A1).
Regarding Claim 2, Ceng teaches a rhythm interaction method, applied to a server (rhythm interaction method, Fig. 2, Paras. [0097]-[0142]), the method comprising:
sending, by the server, the audio data to the first client and at least one second client (server sends audio data to broadcast client and first client, Paras. [0102], [0103], [0214], and [0217]), sending the song rhythm point information to at least one target client (song rhythm point information is sent from server to first client, Paras. [0107]-[0110], [0190], and [0217]) so that the target client obtains a score of the target client according to the song rhythm point information (the rhythm point information is used by first client to obtain a score by playing the rhythm interaction game, Fig. 13, Paras. [0111]-[0122]) and sends the score of the target client to the server (scores are uploaded to server, Fig. 15, Paras. [0137]-[0139]); wherein the at least one second client is a client that enters a live broadcast room of the first client, and the target client is a second client of the at least one second client that participates in rhythm interaction (first client sends invitation to second client to participate in a rhythm interactive game during a live broadcast of the first client, Para. [0098]);
obtaining, by the server, a rhythm interaction result according to the score of the at least one target client (scores are uploaded to server to obtain a result for the rhythm interaction game, Fig. 15, Paras. [0137]-[0139]); and
sending, by the server, the rhythm interaction result to the first client and the at least one target client (scores are uploaded to server to obtain a result for the rhythm interaction game and the result is sent to the broadcast client and target clients, Fig. 15, Paras. [0137]-[0139]).
Ceng fails to explicitly teach receiving, by the server, a song identification sent by a first client;
obtaining, by the server, audio data and song rhythm point information according to the song identification.
However, Naidenov teaches receiving, by the server, a song identification sent by a first client (computing device 111 sends song identifying information to server 101, Fig. 2, Paras. [0031]-[0035]);
obtaining, by the server, audio data and song rhythm point information according to the song identification (computing device 111 sends identifying information to server 101, which server uses to obtain music file [audio data] and rhythm timing data for the song, Fig. 2, Paras. [0031]-[0035]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the rhythm interaction method (as taught by Ceng) to include the song identification used to obtain audio data and rhythm point information (as taught by Naidenov). Doing so will enable song by song customization, thereby improving game play and promoting user enjoyment (Naidenov Para. [0008]).
Regarding Claim 12, Ceng in view of Naidenov teaches server (Ceng, server 93, Fig. 9, Para. [0257]-[0260]), comprising:
a processor (Ceng, Paras. [0257]-[0266]); and
memory, configured to store an executable instruction executed by the processor (Ceng, Paras. [0257]-[0266]);
wherein the processor is configured to execute the executable instruction to implement the method according to claim 2 (Ceng, Para. [0262]).
7. Claims 3 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Ceng et al. (Chinese Pub. No. CN 107277636 A, hereinafter "Ceng") in view of Naidenov (U.S. Pub. No. 2011/0009191 A1), and further in view of Shen et al. (Chinese Pub. No. CN 110139116 A, hereinafter "Shen").
Regarding Claim 3, Ceng in view of Naidenov teaches wherein the obtaining, by the server, the rhythm interaction result according to the score of the at least one target client comprises:
sorting, by the server, the score of the at least one target client from most to least (Ceng, Fig. 15 shows rhythm interaction result of target client score sorted from most to least (i.e. Good -2345 to Perfect - 685)).
Ceng in view of Naidenov fails to explicitly teach taking, by the server, avatars of users of top N scored target clients and an avatar of a user of the first client as the rhythm interaction result, wherein N is a positive integer greater than or equal to 1.
However, Shen teaches avatars of users of top N scored target clients and an avatar of a user of the first client as the rhythm interaction result, wherein N is a positive integer greater than or equal to 1 (display of avatar of participants of the game and the results of the game, Fig. 6, Para. [0192]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the rhythm interaction method (as taught by Ceng in view of Naidenov) to include avatars of users of top N scored target clients and the avatar of first client (as taught by Shen). Doing so will increase engagement and motivate players to improve their skills to earn recognition.
Regarding Claim 18, Ceng in view of Naidenov teaches wherein the processor is further configured to execute the executable instruction to:
sort the score of the at least one target client from most to least (Ceng, Fig. 15 shows rhythm interaction result of target client score sorted from most to least (i.e. Good -2345 to Perfect - 685)).
Ceng in view of Naidenov fails to explicitly teach take avatars of users of top N scored target clients and an avatar of a user of the first client as the rhythm interaction result.
However, Shen teaches avatars of users of top N scored target clients and an avatar of a user of the first client as the rhythm interaction result (display of avatar of participants of the game and the results of the game, Fig. 6, Para. [0192]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the rhythm interaction method (as taught by Ceng in view of Naidenov) to include avatars of users of top N scored target clients and the avatar of first client (as taught by Shen). Doing so will increase engagement and motivate players to improve their skills to earn recognition.
8. Claims 7 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Ceng et al. (Chinese Pub. No. CN 107277636 A, hereinafter "Ceng") in view of Hazama (U.S. Pub. No. 2014/0155157 A1).
Regarding Claim 7, Ceng fails to explicitly teach before determining the score of the target client according to the at least one touch operation of the user on the operating area, further comprising:
displaying, by the target client, a guiding gesture in the operating area, wherein the guiding gesture is used to instruct the user to perform a touch operation in the operating area.
However, Hazama teaches displaying, by the target client, a guiding gesture in the operating area, wherein the guiding gesture is used to instruct the user to perform a touch operation in the operating area (trigger 701 is an operation sign that indicates a tap operation instructing the user to perform a touch operation in the operating area, Fig. 7, Paras. [0078] and [0079]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the rhythm interaction method (as taught by Ceng) to include guide gesture to instruct user to perform a touch operation (as taught by Hazama). Doing so will improve sociability of the rhythm interaction (Hazama Para. [0114]).
Regarding Claim 21, Ceng fails to explicitly teach wherein the processor is further configured to execute the executable instruction to:
display a guiding gesture in the operating area, wherein the guiding gesture is used to instruct the user to perform a touch operation in the operating area.
However, Hazama teaches display a guiding gesture in the operating area, wherein the guiding gesture is used to instruct the user to perform a touch operation in the operating area (trigger 701 is an operation sign that indicates a tap operation instructing the user to perform a touch operation in the operating area, Fig. 7, Paras. [0078] and [0079]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the rhythm interaction method (as taught by Ceng) to include guide gesture to instruct user to perform a touch operation (as taught by Hazama). Doing so will improve sociability of the rhythm interaction (Hazama Para. [0114]).
9. Claims 8, 10, and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Ceng et al. (Chinese Pub. No. CN 107277636 A, hereinafter "Ceng") in view of Hazama (U.S. Pub. No. 2014/0155157 A1), and further in view of Naidenov (U.S. Pub. No. 2011/0009191 A1).
Regarding Claim 8, Ceng in view of Hazama fails to explicitly teach further comprising:
displaying, by the target client, a progress bar in the operating area, wherein the progress bar is positively correlated with a current score of the target client.
However, Naidenov teaches displaying, by the target client, a progress bar in the operating area, wherein the progress bar is positively correlated with a current score of the target client (during the rhythm game battle, special bars or other graphic elements may indicate the progress of each user (based on how their current scores), Para. [0054]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the rhythm interaction method (as taught by Ceng in view of Hazama) to include a progress bar (as taught by Naidenov). Doing so enhances feedback, increases motivation and improves player experience.
Regarding Claim 10, Ceng in view of Hazama, and further in view of Naidenov fails to explicitly teach further comprising:
setting, by the target client, a state of the progress bar to an initial state within a preset time period before an end of the playing of the song.
However, Naidenov teaches setting, by the target client, a state of the progress bar to an initial state (a progress bar which indicates progress of each user based on their current scores with the highest score as winner and after the battle is concluded user may repeat the rhythm game without leaving the room or restarting the rhythm game application, Para. [0054]; at conclusion of battle the progress bar will be reset to an initial state for repeat of the battle game).
However, Huang teaches (displaying competition results at a target time point before live stream ends, Para. [0035]; this indicates the conclusion of the game).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the setting of the progress bar to an initial state (as taught by Ceng in view of Hazama, and further in view of Naidenov) to include obtaining scores at a preset time before an end of the playing song indicating conclusion of the contest so as to reset the progress bar to an initial state (as taught by Huang). Doing so, participants receive performance data in advance increasing motivation and improving player experience.
Regarding Claim 22, Ceng in view of Hazama fails to explicitly teach wherein the processor is further configured to execute the executable instruction to:
display a progress bar in the operating area, wherein the progress bar is positively correlated with a current score of the target client.
However, Naidenov teaches display a progress bar in the operating area, wherein the progress bar is positively correlated with a current score of the target client (during the rhythm game battle, special bars or other graphic elements may indicate the progress of each user (based on how their current scores), Para. [0054]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the rhythm interaction method (as taught by Ceng in view of Hazama) to include a progress bar (as taught by Naidenov). Doing so enhances feedback, increases motivation and improves player experience.
10. Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Ceng et al. (Chinese Pub. No. CN 107277636 A, hereinafter "Ceng") in view of Hazama (U.S. Pub. No. 2014/0155157 A1), and further in view of Huang et al. (Chinese Pub No. CN 109286852 A, hereinafter "Huang").
Regarding Claim 9, Ceng in view of Hazama fails to explicitly teach wherein the displaying, by the target client, the rhythm interaction result comprises:
displaying, by the target client, the rhythm interaction result within a preset time period before an end of the playing of the song.
However, Huang teaches displaying, by the target client, the rhythm interaction result within a preset time period before an end of the playing of the song (at a target time point before the live stream ends, the competition result is displayed, Para. [0035]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the rhythm interaction method (as taught by Ceng in view of Hazama) to include displaying the results as at a preset time before end of the paying song (as taught by Huang). Doing so participants receive performance data in advance allowing for a more dynamic and satisfying end to the song streamed.
11. Claim 25 is rejected under 35 U.S.C. 103 as being unpatentable over Ceng et al. (Chinese Pub. No. CN 107277636 A, hereinafter "Ceng") in view of Naidenov (U.S. Pub. No. 2011/0009191 A1) in view of Huang et al. (Chinese Pub No. CN 109286852 A, hereinafter "Huang"), and further in view of Shen et al. (Chinese Pub. No. CN 110139116 A, hereinafter "Shen").
Regarding Claim 25, Ceng in view of Naidenov, and further in view of Huang fail to explicitly teach wherein the rhythm interaction result comprises an avatar of a user of the first client, and avatars of users of the at least one target client determined based on the score of the at least one target client.
However, Shen teaches wherein the rhythm interaction result comprises an avatar of a user of the first client, and avatars of users of the at least one target client determined based on the score of the at least one target client (display of avatar of participants of the game and the results of the game, Fig. 6, Para. [0192]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the rhythm interaction method (as taught by Ceng in view of Naidenov, and further in view of Huang) to include the rhythm interaction result comprising the avatars of users of first client and target client (as taught by Shen). Doing so will increase engagement and motivate players to improve their skills to earn recognition.
12. Claim 26 is rejected under 35 U.S.C. 103 as being unpatentable over Ceng et al. (Chinese Pub. No. CN 107277636 A, hereinafter "Ceng") in view of Shen et al. (Chinese Pub. No. CN 110139116 A, hereinafter "Shen").
Regarding Claim 26, Ceng fails to explicitly teach wherein the rhythm interaction result comprises an avatar of a user of the first client, and avatars of users of the target client determined based on the score of the target client.
However, Shen teaches wherein the rhythm interaction result comprises an avatar of a user of the first client, and avatars of users of the target client determined based on the score of the target client (display of avatar of participants of the game and the results of the game, Fig. 6, Para. [0192]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the rhythm interaction method (as taught by Ceng) to include the rhythm interaction result comprising the avatars of users of first client and target client (as taught by Shen). Doing so will increase engagement and motivate players to improve their skills to earn recognition.
Allowable Subject Matter
13. Claims 6 and 20 are 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.
Response to Arguments
14. Applicant's arguments filed December 02, 2025 have been fully considered but they are not persuasive.
Regarding independent Claim 4, Applicant argues (see applicant’s remark, pages 12 and 13), then, the corresponding game interaction mode is adjusted according to the rhythm. It is clear that in the scheme of Ceng, the game music in an interactive game is recognized by the user terminal, instead of being received from the server. Moreover, the rhythm of the game music in Ceng is identified by the user terminal using audio recognition technology, instead of being received from the server. In contrast, as recited in amended claim 4, the target client receives audio data and song rhythm point information sent by the server, and the song is played according to the audio data received from the server. Thus, Ceng fails to disclose the above distinguishing features a) and b).
Based on Ceng's disclosure, the rhythm interaction identification for rhythm interaction in Ceng is obtained based on the identification or calculation of the rhythm. In contrast, as recited in amended claim 4, a plurality of visualized rhythm objects are generated directly according to the song rhythm point information received from the server. Thus, Zeng fails to disclose the above distinguishing feature c).
In response to applicant’s argument above, Ceng teaches after interactive game invitation by/or to anchor, live broadcast room and game area are dynamically loaded and issued by the server (Paras. [0102] and [0103]). Thereafter, after entering the interactive game, the game music selected is pre-set in the server and played through the live broadcast room (Paras. [0214] and [0217]). It is clear that Ceng teaches the server sending the audio data to the clients involved in the interactive rhythm game.
Ceng further teaches rhythm library can be preset on a server and the server sends the rhythm library to the local computer (Para. [0109]). It is clear that Ceng teaches the server sending rhythm point information to target client used to match the recognized rhythm.
Furthermore, as indicated above, Ceng teaches, after interactive game invitation, the live broadcast room and game area are dynamically issued and loaded by the server, game music and rhythm point information are also sent by server to client device. The game area is used by the client device to recognize the game music rhythm which it compares to the rhythm points sent by the server after which rhythm objects are displayed (Fig. 13, Paras. [0102], [0103], [0107]-[0112]). It is clear that Ceng teaches generating visualized rhythm objects according to the rhythm point information sent by the server.
Independent Claim 4 is rejected under 35 U.S.C. 102 as being anticipated by Ceng.
The rejection of Claim 4 under 35 U.S.C. 102 as being anticipated by Ceng is maintained.
Regarding independent Claim 1, Applicant argues (see applicant’s remark, pages 13-18), based on Ceng's disclosure, it is clear that Ceng fails to disclose the audio data and song rhythm point information of pending claim 1, and thus fails to disclose reception of audio data and song rhythm point information from the server, the playing of the song according to the audio data, and the generation of visualized rhythm objects according to the song rhythm point information, let alone determining and sending the score of the target client and the rhythm interaction result (see the above distinguishing features d)-e)), and further displaying the rhythm interaction result (see the above distinguishing feature f). Therefore, Ceng fails to disclose the above distinguishing features, and the subject matter of pending claim 1 is not anticipated by Ceng.
Further, the scheme of Ceng involves live streaming broadcast such as dancing and DJ performances in which music is controlled in time by the anchor user. See e. g., Ceng, Par. [0181]. In such a situation, the music in Ceng is changed randomly, and the music is needed to be recognized by the user terminal in time to identify the rhythm of the game music by the user terminal. Thus, it is not needed in Ceng' s situation to involve any reception of the rhythm point information of music.
Naidenov does not teach nor suggest "sending, by the first client, a song identification to a server to enable the server to obtain audio data and song rhythm point information according to the song identification." features recited in claim 1 and therefore, Naidenov fails to cure the deficiencies of Ceng. Naidenov fails to disclose the server is enabled to first obtain audio data according to the song identification sent from the first client and then send the audio data to the first client and at least one
second client. Naidenov fails to disclose the first client, the at least one second client that enters the live broadcast room and the target client participated in the rhythm interaction, and further fails to disclose the interaction between the clients and the server, let alone the audio data and the song rhythm point information involved in the rhythm interaction process as recited in claim 1. Furthermore, Naidenov does not disclose displaying the rhythm interaction result sent by the server within a preset time period before an end of the playing of the song. Therefore, Naidenov fails to teach or suggest the above distinguishing features of claim 1 and does not cure the deficiencies of Ceng.
Huang does not take into account any client participating in the rhythm interaction in the live broadcast room, let alone the interaction between the server and such a client. Thus, although Huang refers to the display of the competition result, it fails to disclose displaying the rhythm interaction result sent by the server within a preset time period before an end of the playing of the song.
Regarding independent Claim 2, Applicant argues (see applicant’s remark, page 20), Independent Claim 2 recites features similar to or corresponding to those of Claim 1 and is also allowable over the cited references for at least similar reasons given for Claim 1.
In response to applicant’s argument above, independent Claim 1 has been rejected under 35 U.S.C. 103 as being unpatentable over Ceng in view of Naidenov, and further in view of Huang.
Ceng teaches after interactive game invitation by/or to anchor, live broadcast room and game area are dynamically loaded and issued by the server (Paras. [0102] and [0103]). Thereafter, after entering the interactive game, the game music selected is pre-set in the server and played through the live broadcast room (Paras. [0214] and [0217]).
Ceng further teaches rhythm library can be preset on a server and the server sends the rhythm library to the local computer (Para. [0109]). It is clear that Ceng teaches the audio data and song rhythm point information and the server sending the audio data and rhythm point information to target client.
After interactive game invitation, the live broadcast room and game area are dynamically issued and loaded by the server, game music and rhythm point information are also sent by server to client device. The game area is used by the client device to recognize the game music rhythm which it compares to the rhythm points sent by the server after which rhythm objects are displayed (Fig. 13, Paras. [0102], [0103], [0107]-[0112]). Ceng teaches determining and sending score of target client and rhythm interaction result (Figs. 13, and 15, Paras. [0111]-[0122] and [0137]-[0139]) and displaying the rhythm interaction result (Fig. 15, Para. [0139]).
Furthermore, the limitations of independent Claim 1 taught by Ceng are based on when the interactive game invitation is initiated and not just when music by the dj or dancing is streamed.
Naidenov teaches sending, by the first client, a song identification to a server to enable the server to obtain audio data and song rhythm point information according to the song identification (Fig. 2, Paras. [0031]-[0035]).
Huang teaches displaying, by the first client, the result within a preset time period before an end of the playing of the song (Para. [0035]).
The combination of the teachings of Ceng in view of Naidenov, and further in view of Huang renders Claim 1 obvious.
In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
The rejection of Claim 1 under 35 U.S.C. 103 as being unpatentable over Ceng in view of Naidenov, and further in view of Huang is maintained.
In response to applicant’s argument above, Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Ceng in view of Naidenov.
The rejection of Claim 2 under 35 U.S.C. 103 as being unpatentable over Ceng in view of Naidenov is maintained.
Dependent Claims 5, 13, and 19 are rejected under 35 U.S.C. 102 as being anticipated by Ceng.
The rejections of Claims 5, 13, and 19 under 35 U.S.C. 102 as being anticipated by Ceng are maintained.
Dependent Claims 3 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Ceng in view of Naidenov, and further in view of Shen.
The rejections of Claims 3 and 18 under 35 U.S.C. 103 as being unpatentable over Ceng in view of Naidenov, and further in view of Shen are maintained.
Dependent Claims 7 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Ceng in view of Hazama.
The rejections of Claims 7 and 21 under 35 U.S.C. 103 as being unpatentable over Ceng in view of Hazama are maintained.
Dependent Claims 8, 10 and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Ceng in view of Hazama, and further in view of Naidenov.
The rejections of Claims 8, 10 and 22 under 35 U.S.C. 103 as being unpatentable over Ceng in view of Hazama, and further in view of Naidenov are maintained.
Dependent Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Ceng in view of Hazama, and further in view of Huang.
The rejection of Claim 9 under 35 U.S.C. 103 as being unpatentable over Ceng in view of Hazama, and further in view of Huang is maintained.
Dependent Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Ceng in view of Naidenov, and further in view of Huang.
The rejection of Claim 11 under 35 U.S.C. 103 as being unpatentable over Ceng in view of Naidenov, and further in view of Huang is maintained.
Dependent Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Ceng in view of Naidenov.
The rejection of Claim 12 under 35 U.S.C. 103 as being unpatentable over Ceng in view of Naidenov is maintained.
Conclusion
15. Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
16. Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHIMEZIE E BEKEE whose telephone number is (571)272-0202. The examiner can normally be reached M-F 7.30-5.
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, Duc Nguyen can be reached at 571-272-7503. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHIMEZIE EZERIWE BEKEE/Examiner, Art Unit 2691
/DUC NGUYEN/Supervisory Patent Examiner, Art Unit 2691