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 .
2. This communication is responsive to Application No. 18/587,286 filed on 02/26/2024.
Claims 1-9 are currently pending and have been examined.
Information Disclosure Statement
IDSs are considered.
The drawings filed on 02/26/2024 are noted.
Claim Rejections - 35 USC § 101
6. 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.
7. Claims 1-9 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claims recite the limitations of: “processing for generating a playlist that includes a plurality of pieces of song identification information”.
The limitation of processing for generating a playlist that includes a plurality of pieces of song identification information, as drafted, is a process that, under its broadest reasonable interpretation, covers performance of the limitation in the mind. That is, nothing in the claims preclude the step from practically being performed in the mind. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind, then it falls within the “Mental Processes” grouping of abstract ideas. Accordingly, claims 1-9 recite an abstract idea.
This judicial exception is not integrated into a practical application. In particular, the claims only recite one additional element – using a computer to generate a playlist that includes a plurality of pieces of song identification information; processing for setting display object information in association with each of the plurality of pieces of song identification information included in the playlist, based on an operation input of a player. The computer recites at a high-level of generality (i.e., as a generic computer processing a plurality of pieces of song identification information) such that it amounts no more than mere instructions to apply the exception. Accordingly, this additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. The claims are directed to an abstract idea.
In the instant case, the claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional element of processing for continuously playing back a plurality of songs corresponding to the plurality of pieces of song identification information includes in, the playlist; and processing for displaying and controlling an image during the continuous playback, based on the display object information associated with the song identification information, and are determined to be well-understood, routine, conventional activity in the field. Thus, the additional element fails to ensure the claims as a whole amount to significantly more than the judicial exception itself. Accordingly, claims 1-9 are ineligible under 35 U.S.C 101.
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.
9. Claims 1-9 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Bright, Brian et al (US PG PUB 2009/0258700).
As per claims 1 and 4-7, Bright discloses a music rhythm video game (see., Bright, paragraphs 0033-0036, Figs 1-3) comprising: processing for generating a playlist (playlist or list of songs) that includes a plurality of pieces of song identification information (see., Bright, paragraphs 0008 and 0033, the examiner broadly and reasonably interprets the newly modified of plurality of editable song tracks as plurality of pieces of song identification information); processing for setting display object information in association with each of the plurality of pieces of song identification information included in the playlist, based on an operation input of a player (see., 0008 and 0033-0036, the examiner broadly and reasonably interprets the newly modified of plurality of editable song tracks as plurality of pieces of song identification information); processing for continuously playing back a plurality of songs corresponding to the plurality of pieces of song identification information included in the playlist (see., paragraphs 0008-0036); processing for displaying and controlling an image during the continuous playback, based on the display object information associated with the song identification information (see., paragraphs 0008-0036, specifically paragraphs 0034, 0035, 0042, and 0046, for example, Icon 133, for performing selected and playback functions, figs 1-3).
As per claims 2, Bright discloses the claimed limitations as stated in claim 1 above, wherein, in the processing for displaying and controlling the image, the image is displayed and controlled based on song display (see., paragraph 0034, the display is a TV)information on the songs corresponding to the song identification information and display information on a display object based on the display object information (see., paragraphs 0008-0036, specifically paragraphs 0034, 0035, 0042, and 0046, figs 1-3).
As per claim 3, Bright discloses the claimed limitations as stated in claim 1 above, wherein the playlist includes order information indicating a playback order of the songs, and wherein, in the processing for continuously playing back, the plurality of songs are continuously played back based on the order information, and, upon an end of playback of each of the plurality of songs, playback of a song in a next playback order is started (see., paragraphs 0008-0036, specifically paragraphs 0034, 0035, 0042, and 0046, for example, Icon 133, for performing selected and playback functions, figs 1-3).
As per claims 8 and 9, Bright discloses a music rhythm video game (see., Bright, paragraphs 0033-0036, Figs 1-3) comprising: processing for generating a playlist (playlist or list of songs) that includes a plurality of pieces of song identification information (see., Bright, paragraphs 0008 and 0033, the examiner broadly and reasonably interprets the newly modified of plurality of editable song tracks as plurality of pieces of song identification information); processing for setting display object information in association with each of the plurality of pieces of song identification information included in the playlist, based on an operation input of a player (see., 0008 and 0033-0036, the examiner broadly and reasonably interprets the newly modified of plurality of editable song tracks as plurality of pieces of song identification information); processing for continuously playing back a plurality of songs corresponding to the plurality of pieces of song identification information included in the playlist (see., paragraphs 0008-0036); processing for displaying and controlling an image during the continuous playback, based on the display object information associated with the song identification information (see., paragraphs 0008-0036, specifically paragraphs 0034, 0035, 0042, and 0046, for example, Icon 133, for performing selected and playback functions, figs 1-3).
Conclusion
9. Any inquiry concerning this communication or earlier communications from the Examiner should be directed to PIERRE E ELISCA whose telephone number is (571) 272-6706. The Examiner can normally be reached on Monday -Thursday; 6:30AM- 7:30PM. Hoteler.
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If attempts to reach the Examiner by telephone are unsuccessful, the Examiner’s supervisor, Hu Kang can be reached on 571 270 1344. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PIERRE E ELISCA/Primary Examiner, Art Unit 3715