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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 12/30/2025 has been entered.
Priority
Examiner has noted this Application is a Continuation of Application 17/483,154 filed 09/23/2021, which claims Priority from Provisional Application 62/088,689 filed 10/07/2020.
Status of the Claims
Claims 1 and 19-20 are pending in the instant patent application. Claims 1 and 19-20 are amended. Claims 2-18 are cancelled. This Office Action is in response to the claims filed.
Response to Claim Amendments
Applicant’s amendments to the claims are insufficient to overcome the 35 U.S.C. §101 rejections. The rejections remain pending and are updated and addressed below in light of the amendments and per guidelines for 101 analysis (PEG 2019).
Applicant’s amendments to the claims are insufficient to overcome the 35 U.S.C. §103 rejections. The rejections remain pending and are updated and addressed below in light of the amendments.
Response to 35 U.S.C. §101 Arguments
Applicant has not presented any arguments regarding the current 101 rejection. Thus, the rejection remains.
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.
Regarding Claim 1, it is directed to a system, however the claims are directed to a judicial exception without significantly more. Claim 1 is directed to the abstract idea of evaluating media items.
Performing the Step 2A Prong 1 analysis while referring specifically to independent Claim 1, claim 1 recites a media item residing for music streaming; and a Survey residing for music streaming that evaluates the media item; further comprising a plurality of specific information regarding the media item and a plurality of actionable features displayed; wherein the specific information regarding the media item includes a title of the media item, the name of the one or more artist- user that uploaded the media item, and a number of reviews that have been entered for the media item by other listener-users; wherein the survey is filled out by the listener-user following them listening to the media item comprising a plurality of questions that include a plurality of binary answers; wherein the listener-user will elect which one of the binary answers that accurately reflect their opinion of the media item; further wherein the binary answers of "yes" or "no" result in a value being assigned to the media item and accurately reflect an opinion of the media item and a value being assigned to the media item; wherein the surveys from a plurality of additional listener-users begin to fill out their survey, the values from all of the surveys will be aggregated and will each calculate a score associated to the media item; wherein the scores that are determined will be provided to the one or more artist-user along with a predictable value on marketability and profitability of the media item; further comprising music streaming that allows the one or more artist-user to access and view all of the findings from the listener-user's survey; wherein the display contains a plurality of identifiable information, a plurality of aggregated data, and a plurality of calculated data; further wherein the listener-user will be given a first question of the plurality of questions that asks if the listener-user liked the media item, a second question of the plurality of questions that asks if the listener-user would stream the media item, a third question of the plurality of questions that asks if the listener-user would share the media item to others, a fourth question of the plurality of questions that asks if the listener-user felt a connection to the media item, a fifth question of the plurality of questions that asks if the listener-user would support the media item by purchasing the media item; wherein the survey includes a plurality of DJ input as part of the survey; and wherein the media item is a music file.
These claim limitations fall within the Certain Methods of Organizing Human Activity grouping of abstract ideas due to the commercial interactions taking place (notably marketing sales/activities), as well as the managing of personal behavior (following rules or instructions).
Accordingly, the claim recites an abstract idea.
Regarding Step 2A Prong 2 analysis, the judicial exception is not integrated into a practical application. In particular the claim recites the elements of a server system, a processor system, a communications interface, a communications system, an input system, an output system, a memory system, an operating system, a communications module, a web browser module, a web server application, one or more artist-user devices, one or more listener-user devices, a user interface, a display, a non-transitory computer readable medium, and wherein the actionable features include a song link to transport the listener-user from the user to the media item to control playing the media item and play, pause, fast-forward, or replay the media item; further wherein the actionable features include a review link to transport the listener-user to a survey and wherein the one or more listener-user device downloads the survey from a QR code. The server system, a processor system, a communications interface, a communications system, an input system, an output system, a memory system, an operating system, a communications module, a web browser module, a web server application, one or more artist-user devices, one or more listener-user devices, a user interface, a display and a non-transitory computer readable medium, and wherein the actionable features include a song link to transport the listener-user from the user to the media item to control playing the media item and play, pause, fast-forward, or replay the media item; further wherein the actionable features include a review link to transport the listener-user to a survey, and wherein the one or more listener-user device downloads the survey from a QR code are merely generic computing devices and do not integrate the judicial exception into a practical application.
With respect to 2B, the claims do not include additional elements amounting to significantly more than the abstract idea. Claim 1 includes various elements that are not directed to the abstract idea under 2A. These elements include a server system, a processor system, a communications interface, a communications system, an input system, an output system, a memory system, an operating system, a communications module, a web browser module, a web server application, one or more artist-user devices, one or more listener-user devices, a user interface, a display a non-transitory computer readable medium, wherein the actionable features include a song link to transport the listener-user from the user to the media item to control playing the media item and play, pause, fast-forward, or replay the media item; further wherein the actionable features include a review link to transport the listener-user to a survey, and wherein the one or more listener-user device downloads the survey from a QR code and the generic computing elements described in the Applicant's specification in at least Para 0024-0047. These elements do not amount to more than the abstract idea because it is a generic computer performing generic functions.
Therefore, Claim 1 is not drawn to eligible subject matter as it is directed to abstract ideas without significantly more.
Regarding Claim 19, it is directed to a method, however the claims are directed to a judicial exception without significantly more. Claim 19 is directed to the abstract idea of evaluating media items.
Performing the Step 2A Prong 1 analysis while referring specifically to independent Claim 19, claim 19 recites establishing communication for an overall system for music streaming; registering a plurality of existing data; registering a media item; creating an existing portion of the existing data; transmitting the media item; transmitting a survey; defining the survey with a plurality of questions that each have a binary answer; receiving the survey with the questions each with the binary answer completed; analyzing the survey; generating from the survey at least one number value which is a marketability score; transmitting the at least one number value which is a profitability score.
These claim limitations fall within the Certain Methods of Organizing Human Activity grouping of abstract ideas due to the commercial interactions taking place (notably marketing sales/activities), as well as the managing of personal behavior (following rules or instructions).
Regarding Step 2A Prong 2 analysis, the judicial exception is not integrated into a practical application. In particular the claim recites the elements of a non- transitory computer readable medium, at least one processor, at least one artist- user device, at least one listener-user device and a database server. The non- transitory computer readable medium, at least one processor, at least one artist- user device, at least one listener-user device and a database server are merely generic computing devices and do not integrate the judicial exception into a practical application.
With respect to 2B, the claims do not include additional elements amounting to significantly more than the abstract idea. Claim 19 includes various elements that are not directed to the abstract idea under 2A. These elements include a non- transitory computer readable medium, at least one processor, at least one artist- user device, at least one listener-user device, a database server and the generic computing elements described in the Applicant's specification in at least Para 0024-0047. These elements do not amount to more than the abstract idea because it is a generic computer performing generic functions.
Therefore, Claim 19 is not drawn to eligible subject matter as it is directed to abstract ideas without significantly more.
Regarding Claim 20, it is directed to a non-transitory computer readable medium, however the claims are directed to a judicial exception without significantly more. Claim 20 is directed to the abstract idea of evaluating media items.
Performing the Step 2A Prong 1 analysis while referring specifically to independent Claim 20, claim 20 recites establishing communication for an overall system for music streaming; registering a plurality of existing data; registering a media item; creating an existing portion of the existing data; transmitting the media item; transmitting a survey; defining the survey with a plurality of questions that each have a binary answer; receiving the survey with the questions each with the binary answer completed; analyzing the survey; generating from the survey at least one number value which is a marketability score; transmitting the at least one number value which is a profitability score.
These claim limitations fall within the Certain Methods of Organizing Human Activity grouping of abstract ideas due to the commercial interactions taking place (notably marketing sales/activities), as well as the managing of personal behavior (following rules or instructions).
Accordingly, the claim recites an abstract idea.
Regarding Step 2A Prong 2 analysis, the judicial exception is not integrated into a practical application. In particular the claim recites the elements of a non- transitory computer readable medium, at least one processor, at least one artist- user device, at least one listener-user device and a database server. The non- transitory computer readable medium, at least one processor, at least one artist- user device, at least one listener-user device and a database server are merely generic computing devices and do not integrate the judicial exception into a practical application.
With respect to 2B, the claims do not include additional elements amounting to significantly more than the abstract idea. Claim 20 includes various elements that are not directed to the abstract idea under 2A. These elements include a non- transitory computer readable medium, at least one processor, at least one artist- user device, at least one listener-user device, a database server and the generic computing elements described in the Applicant's specification in at least Para 0024-0047. These elements do not amount to more than the abstract idea because it is a generic computer performing generic functions.
Therefore, Claim 20 is not drawn to eligible subject matter as it is directed to abstract ideas without significantly more.
Response to 35 U.S.C. §103 Arguments
Applicant has not presented any arguments regarding the current 103 rejection. Thus, the rejection remains.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1 and 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over McKenzie (US 2021/0357447 A1) in view of Richards (US 2019/0034946 A1) further in view of Vellozo Luz et al. (US 2018/0068328 A1).
Regarding Claim 1, McKenzie teaches the limitations of Claim 1 which state
a server system with a processor system, a communications interface, a communications system, an input system and an output system, the server system having access to a communications network (McKenzie: Para 0025, 0144 via As shown in FIG. 1, the first user may be enabled via an interface (e.g., an online form, an application page, a display, and/or a web application) to upload the content to a server location accessible by the first user and/or one or more second users. A “Back” 1 button and a “Menu” 2 button may generally enable the user to navigate between pages of the interface. In some embodiments, the user may attach a file by selecting the “Browse” 3 button. The system may launch a window that enables the first user to select a content file from a storage location of a user device such as a desktop, a folder, a hard drive, a cloud server, and/or the like. In some embodiments, the content is uploaded, transferred to, and/or otherwise accessible by a dedicated server, a cloud-based server, a user device, and/or another storage device... FIG. 7 presents an exemplary block diagram of the system environment 700 for implementing the interactive music feedback system described herein. As illustrated, the system environment 700 may include a network 710, a system 730, and/or a user input system 740. Also shown in FIG. 7 is a user 745 of the user input system 740. The user input system 740 may be a mobile device described herein. The user 745 may be a person who uses the user input system 740 to execute a user application 747, such as a first user and/or a second user. The user application 747 may be an application to communicate with the system 730, facilitate the playing and/or reviewing of media content, enable the inputting of information onto a user interface presented on the user input system 740, or the like)
a memory system with an operating system, a communications module, a web browser module, a web server application and a non-transitory computer readable medium for music streaming, the memory system is in communication with the server system through the communications network (McKenzie: Para 0025, 0144 via As shown in FIG. 1, the first user may be enabled via an interface (e.g., an online form, an application page, a display, and/or a web application) to upload the content to a server location accessible by the first user and/or one or more second users. A “Back” 1 button and a “Menu” 2 button may generally enable the user to navigate between pages of the interface. In some embodiments, the user may attach a file by selecting the “Browse” 3 button. The system may launch a window that enables the first user to select a content file from a storage location of a user device such as a desktop, a folder, a hard drive, a cloud server, and/or the like. IN Some embodiments, the content is uploaded, transferred to, and/or otherwise accessible by a dedicated server, a cloud-based server, a user device, and/or another storage device... FIG. 7 presents an exemplary block diagram of the system environment 700 for implementing the interactive music feedback system described herein. As illustrated, the system environment 700 may include a network 710, a system 730, and/or a user input system 740. Also shown in FIG. 7 is a user 745 of the user input system 740. The user input system 740 may be a mobile device described herein. The user 745 may be a person who uses the user input system 740 to execute a user application 747, such as a first user and/or a second user. The user application 747 may be an application to communicate with the system 730, facilitate the playing and/or reviewing of media content, enable the inputting of information onto a user interface presented on the user input system 740, or the like);
a media item residing on the non-transitory computer readable medium for music streaming (McKenzie: Para 0045 via When the first user is finished specifying the parameters of the feedback collection session, the first user may select the “Upload & Send” 11 button. When the user selects the “Upload & Send” 11 button, a selected file associated with the content (e.g., a media file, an audio file, metadata, and/or the like) may be transmitted from a user device associated with the first user to a server, a database, and/or the like associated with the interactive music feedback system described herein. In some embodiments, the system may automatically create a database entry, enter into a database any information associated with the content file (e.g., bibliographic information, review instructions, identifiers of elements to be reviewed, metadata, recipients, authentication credentials, and/or the like), and/or save such information as well as the content file);
a Survey residing on the non-transitory computer readable medium for music streaming that evaluates the media item (McKenzie: Para 0048-0049, 0071 via the system may transmit a message (e.g., a notification, alert, email, text message, and/or the like) to designated recipients (e.g., second users). The message may include the content, means for consuming the content (e.g., a video player, a music player, an image or photograph, various control interfaces for the same, a link to a web page on which content is hosted and/or presented, social media platforms, streaming platforms, virtual reality platforms, augmented reality platforms, and/or the like), and/or means for reviewing and/or providing feedback on the content (e.g., a feedback interface, and/or the like)... a second user (e.g., a recipient) may receive the content and/or a feedback interface that enables the second user to review (e.g., view, listen to, look at, feel, touch, watch, critique, review, consume, and/or otherwise interact with) the content and/or provide feedback on the content. More specifically, the content, feedback interface, and/or accompanying information may be received at a user device of one or more second users...For example, the scale of the rating slider 27 may include a range of at least one numerical value, qualitative value, and/or the like. The scale may operate along a numerical value range from 0 to 10. From this scale and using the rating slider 27, the second user may select a rating score of 7.8, for example, because he liked the selected rating criterion (e.g., an instrument) at a specific point in time. The system may automatically associate the selected rating score with the selected rating criterion in a database. The purpose of the rating score may be to quantify how much the second user likes and/or dislikes a certain aspect of the content. Upon selection of a numerical value using the slider 27, the system may identify and/or determine a timestamp and/or a time at which the numerical value is selected);
further comprising one or more artist-user devices and one or more listener-user devices that accesses the server system via the communications network (McKenzie: Para 0025, 0049 via As shown in FIG. 1, the first user may be enabled via an interface (e.g., an online form, an application page, a display, and/or a web application) to upload the content to a server location accessible by the first user and/or one or more second users. A “Back” 1 button and a “Menu” 2 button may generally enable the user to navigate between pages of the interface. In some embodiments, the user may attach a file by selecting the “Browse” 3 button. The system may launch a window that enables the first user to select a content file from a storage location of a user device such as a desktop, a folder, a hard drive, a cloud server, and/or the like. In some embodiments, the content is uploaded, transferred to, and/or otherwise accessible by a dedicated server, a cloud-based server, a user device, and/or another storage device...a second user (e@.g., a recipient) may receive the content and/or a feedback interface that enables the second user to review (e.g., view, listen to, look at, feel, touch, watch, critique, review, consume, and/or otherwise interact with) the content and/or provide feedback on the content. More specifically, the content, feedback interface, and/or accompanying information may be received at a user device of one or more second users. The message (@€.g., the media content, feedback interface, accompanying information, and/or an invitation to review the content) may be accessible by a second user (and/or other recipients) on a mobile device, a tablet, a laptop computer, a desktop computer, a wearable computing device, a biometric device, a radio, a smartphone, a headset, glasses, a screen, a display, and/or another device);
further comprising a user interface with a plurality of specific information regarding the media item and a plurality of actionable features displayed on the one or more artist-user devices and the one or more listener-user devices;
wherein the specific information regarding the media item includes a title of the media item, the name of the one or more artist- user devices that uploaded the media item, and a number of reviews that have been entered for the media item by other listener-users (McKenzie: Para 0027, 0052 via After the first user selects, uploads, references, and/or otherwise provides access to the content, or even if the first user does not upload or reference any content, the first user is enabled to input information 5 associated with the content. Information associated with the content may include identifying information such as a title, an artist name, a producer name, a picture or photo, a length or duration associated with the content, a time, date, and/or location of a performance or focus group event, a version number, lyrics, discography information, a genre, an album name, a biography, notes, instructions for reviewing the content, metadata, and/or the like... FIG. 2 illustrates an exemplary user interface for a Home Page of the system described herein. This Home Page may be presented to the second user upon logging into an online portal, opening an application, receiving the feedback interface, and/or the like associated with the interactive content feedback system. The Home Page may enable the first user and/or the second user to listen, share, and/or interact with the content. Information 5 associated with the content may be displayed in a banner 12. Selecting the banner 12 may display a more detailed report of an artist profile. As used herein, an artist may refer to a first user, a second user, and/or the like. A search bar 13 may enable the first user and/or the second user to quickly find content, an artist, a user, information associated with the same, and/or the like. Player controls 14 may provide the first user and/or the second user with control over which content. For example, player controls 14 may enable a user to play, pause, start, stop, rewind, seek, skip forward, skip backward, shuffle, repeat, next, previous, random, move to another page and/or other content, and/or the like);
wherein the actionable features include a song link to transport the listener-user from the user interface to the media item to control playing the media item and play, pause, fast-forward, or replay the media item (McKenzie: Para 0050 via Once the content and/or the feedback interface is received on the second user's user device, the second user may experience (e.g., consume, watch, listen, look, examine, feel, touch, taste, and/or the like) and/or review the content. In some embodiments, the content may be consumed by the second user via an interface that includes a media player. For example, the interface may include at least one of (and/or a combination of) a video player, a music player, a media player, a photograph, a picture, an image, an icon, text, comments, instructions, a description, information associated with the content, a list and/or array of selectable rating criteria, various input means for providing feedback (e.g., a slider, a button, a text field, a selection menu, selectable fields, a gesture pad or area, and/or the like), and/or the like. The interface (including the feedback interface contemplated herein) may integrate with a third party content provider platform as well, such as a music streaming platform or video streaming platform...);
further wherein the actionable features include a review link to transport the listener-user from the user interface to a survey (McKenzie: Para 0048-0049, 0071 via (McKenzie: Para 0048-0049, 0071 via the system may transmit a message (e.g., a notification, alert, email, text message, and/or the like) to designated recipients (e.g., second users). The message may include the content, means for consuming the content (e.g., a video player, a music player, an image or photograph, various control interfaces for the same, a link to a web page on which content is hosted and/or presented, social media platforms, streaming platforms, virtual reality platforms, augmented reality platforms, and/or the like), and/or means for reviewing and/or providing feedback on the content (e.g., a feedback interface, and/or the like)... a second user (e.g., a recipient) may receive the content and/or a feedback interface that enables the second user to review (e.g., view, listen to, look at, feel, touch, watch, critique, review, consume, and/or otherwise interact with) the content and/or provide feedback on the content. More specifically, the content, feedback interface, and/or accompanying information may be received at a user device of one or more second users...For example, the scale of the rating slider 27 may include a range of at least one numerical value, qualitative value, and/or the like. The scale may operate along a numerical value range from 0 to 10. From this scale and using the rating slider 27, the second user may select a rating score of 7.8, for example, because he liked the selected rating criterion (e.g., an instrument) at a specific point in time. The system may automatically associate the selected rating score with the selected rating criterion in a database. The purpose of the rating score may be to quantify how much the second user likes and/or dislikes a certain aspect of the content. Upon selection of a numerical value using the slider 27, the system may identify and/or determine a timestamp and/or a time at which the numerical value is selected);
However, McKenzie does not explicitly disclose the limitation of Claim 1 which states wherein the survey is filled out by the listener-user following them listening to the media item comprising a plurality of questions that include a plurality of binary answers.
Richards though, with the teachings of McKenzie, teaches of
wherein the survey is filled out by the listener-user following them listening to the media item comprising a plurality of questions that include a plurality of binary answers (Richards: Para 0138 via As shown in FIG. 12, in some embodiments, a client can create Normal, Pop-up, Stop, Familiarity, Scale, Tired of, or some other type of question by selecting the type from one of the selections choices 1202 available. In addition, a client can create additional subtypes of questions including multiple choice-select one, multiple choice-select all that apply, scale, open-ended comment boxes, hot/not, or any other types of questions by interacting with a menu 1204);
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify McKenzie with the teachings of Richards in order to have wherein the survey is filled out by the listener-user following them listening to the media item comprising a plurality of questions that include a plurality of binary answers. The motivations behind this being to teach the functionality and connectivity of the system as well as to present surveys from the artist to the listener. In addition to being in the same CPC class, the teachings, suggestions, and motivations in this prior art would have led one of ordinary skill to modify the prior art reference or combine prior art reference teachings to arrive at the claimed invention.
The combination of McKenzie/Richards further teaches the limitations of Claim 1 which state
wherein the listener-user will elect which one of the binary answers that accurately reflect their opinion of the media item (McKenzie: Para 0092 via Selection of a thumbs-up and/or thumbs-down button, an instrument, element, and/or rating criterion, an option on the pop-up menu 1048, and/or any other input may be assigned a numerical value. This numerical value may be positive, negative, weighted, and/or neutral. The numerical value may be inputted into an algorithm that generates an overall score for the content, a specific rating criterion, and/or the like. Any numerical values received, identified, determined, and/or generated herein may be used, along with any raw inputs received, by the system to determine a next and/or future content for the second user, generate various metrics and analytics to be presented to the first user, recommendations for content, recommendations for improving content, recommendations for purchases, recommendations for interacting with content, and/or the like. In some embodiments, the term “value” may refer to and/or include a numerical value, text, an image, an icon, a reference number, a reference, a pointer, and/or any other indicator. Each of these terms associated with value may refer to one another);
further wherein the binary answers of "yes" or "no" result in a value being assigned to the media item (Richards: Para 0138 via As shown in FIG. 12, in some embodiments, a client can create Normal, Pop-up, Stop, Familiarity, Scale, Tired of, or some other type of question by selecting the type from one of the selections choices 1202 available. In addition, a client can create additional subtypes of questions including multiple choice-select one, multiple choice-select all that apply, scale, open-ended comment boxes, hot/not, or any other types of questions by interacting with a menu 1204) and accurately reflect an opinion of the media item and a value being assigned to the media item (McKenzie: Para 0092 via Selection of a thumbs-up and/or thumbs-down button, an instrument, element, and/or rating criterion, an option on the pop-up menu 1048, and/or any other input may be assigned a numerical value. This numerical value may be positive, negative, weighted, and/or neutral. The numerical value may be inputted into an algorithm that generates an overall score for the content, a specific rating criterion, and/or the like. Any numerical values received, identified, determined, and/or generated herein may be used, along with any raw inputs received, by the system to determine a next and/or future content for the second user, generate various metrics and analytics to be presented to the first user, recommendations for content, recommendations for improving content, recommendations for purchases, recommendations for interacting with content, and/or the like. In some embodiments, the term “value” may refer to and/or include a numerical value, text, an image, an icon, a reference number, a reference, a pointer, and/or any other indicator. Each of these terms associated with value may refer to one another);
wherein the surveys from a plurality of additional listener-users begin to fill out their survey, the values from all of the surveys will be aggregated and will each calculate a score associated to the media item (McKenzie: Para 0107 via FIG. 10E illustrates an exemplary user interface 1058 displaying results to the first user. In some embodiments, the results may include a graph 1060 of which instruments were liked and/or disliked, including by how much, over a duration of the content and/or feedback collection session. The system may aggregate input received from multiple second users who reviewed the same content to produce a graph 1060. The number of similar responses and/or the weight values associated with responses may correspond to the height of each stem and/or other indication. Each stem (e.g., indication) may represent an instrument, element, individual response, an individual user, a purchase, a user action, and/or the like. The system may identify a best-fitting location, a trend, an average, and/or other summations of input to produce each stem, trend indications 1065, markers 1063, and/or other indications displayed on the graph 1060. In some instances, only a few stems (e.g., indications) may represent a large aggregate of user input data. The first user may also be enabled to sort 1062 various rating criteria so that only certain rating criteria are displayed on the graph 1060. For example, the first user may view aggregated feedback associated with each instrument in the content, aggregated feedback associated with select instruments or select users, aggregated feedback associated with only one instrument and/or one user, and/or any other combination of feedback);
wherein the scores that are determined will be provided to the one or more artist-user devices along with a predictable value on marketability and profitability of the media item (McKenzie: Para 0116, 0130 via The system may identify and/or present a number of recommendations that maximizes the likelihood of commercial success, positive reception within an audience and/or audience demographic, a value associated with the content, and/or the like. In some embodiments, a projection may embody a numerical value associated with and/or assigned to the content...the system may transmit raw user input and/or processed information (e.g., reports, analytics, metrics, markers, timestamps, values, recommendations, transformed user input, and/or the like) to the first user for viewing and/or further analysis. Other pieces of information that are transmitted by the system to the first user may include but is not limited to a point in time when a listener pressed “Next” and/or skipped the user's song, a total number of plays, a total number of likes, a total number of dislikes, a total number of playlist adds, a total number of views, a total number of shares, a total number of reviews, a total number of fans, a total number of friends, a predictability score of success, a point value, an overall score, a virtual currency value, a numerical value, metadata associated with content, purchase information, and/or the like);
further comprising a display of the system for music streaming that allows the one or more artist-user devices to access and view all of the findings from the listener-user's survey (McKenzie: Para 0104-0106 via FIGS. 4, 10E, and 10F depict exemplary results of the response system. Based on an analysis of the received information associated with the second user's responses (e.g., user input, values associated with user input, and/or processed user input), the system may automatically produce various numerical scores 31 and/or suggestions 32 on how to improve certain aspects of the content as depicted in FIG. 4... the system may generate a graph 33 that shows peaks and valleys associated with where the content was liked and/or disliked, and by how much. The height (e.g., amplitude) of each peak, valley, stem, and/or other indicator may correspond with a number of similar responses received, a strength of a response, and/or a weighted value. For example, a peak representing 10 people that liked a guitar performance at point A in a song may be higher than a peak representing 3 people that liked a drum performance at point B. The graphs produced may relate to an overall score for the content and/or specific rating criteria. A drawn line and/or other indication may correspond to a value of the rating score at each point in time, the number of similar responses, the strength of responses, and/or the like... FIG. 4 illustrates that a generated report may also include a map of users' demographic information (a name, a username, an age, a zip code, an email address, and/or the like). An analysis of the at least one second user's demographic information may enable the system to determine an optimal touring route for the first user. Audience demographic information (e.g., of second users) may be sorted, filtered, and/or viewed by the first user. Demographic information may also enable the first user to view feedback from specific demographics in specific locations);
wherein the display contains a plurality of identifiable information, a plurality of aggregated data, and a plurality of calculated data (McKenzie: Para 0107, 0130 via The system may aggregate input received from multiple second users who reviewed the same content to produce a graph 1060. The number of similar responses and/or the weight values associated with responses may correspond to the height of each stem and/or other indication. Each stem (e.g., indication) may represent an instrument, element, individual response, an individual user, a purchase, a user action, and/or the like. The system may identify a best -fitting location, a trend, an average, and/or other summations of input to produce each stem, trend indications 1065, markers 1063, and/or other indications displayed on the graph 1060... the system may transmit raw user input and/or processed information (e.g., reports, analytics, metrics, markers, timestamps, values, recommendations, transformed user input, and/or the like) to the first user for viewing and/or further analysis. Other pieces of information that are transmitted by the system to the first user may include but is not limited to a point in time when a listener pressed “Next” and/or skipped the user's song, a total number of plays, a total number of likes, a total number of dislikes, a total number of playlist adds, a total number of views, a total number of shares, a total number of reviews, a total number of fans, a total number of friends, a predictability score of success, a point value, an overall score, a virtual currency value, a numerical value, metadata associated with content, purchase information, and/or the like);
further wherein the listener-user will be given a first question of the plurality of questions that asks if the listener-user liked the media item, a second question of the plurality of questions that asks if the listener-user would stream the media item, a third question of the plurality of questions that asks if the listener-user would share the media item to others, a fourth question of the plurality of questions that asks if the listener-user felt a connection to the media item, a fifth question of the plurality of questions that asks if the listener-user would support the media item by purchasing the media item (Richards: Para 0138, 0173-0174 a client can create Normal, Pop-up, Stop, Familiarity, Scale, Tired of, or some other type of question by selecting the type from one of the selections choices 1202 available. In addition, a client can create additional subtypes of questions including multiple choice-select one, multiple choice-select all that apply, scale, open-ended comment boxes, hot/not, or any other types of questions by interacting with a menu 1204... Referring now to FIGS. 38-42, steps in a process for creating a survey are illustrated and discussed. As shown in FIG. 38, a client can create a new survey by clicking on button 3800 in the software. As shown in FIG. 39, the client can be presented with a display 3900 that includes the options to create a new survey 3902, copy a survey template 3904, or copy an existing survey 3906. As shown in FIG. 40, should the client choose to create a new Survey, the client then selects the type settings of the new survey from a display 4000, which can include Traditional Layout 4002, AMT Layout 4004, or some other Feature Type 4006, such as Weblinks, Website Drag & Drop, Radio Face-Off, or some other Face-Off. As shown in FIG. 41, the client can utilize a main survey setup page 4100 to name the survey 4102, set the start date and end date 4104, and set the Pop-up configuration 4106 related to Pop-up questions and determine other various settings. As shown in FIG. 42, additional parameters 4202 can be set up on the main survey setup page 4200. All of this information can be stored and saved on the software residing on the server containing the database... selected media 4304 that are highlighted are added by the system administrator; other media are added by the client. As shown in FIG. 44, questions are then created in the next step. Questions can be added to each piece of content 4401 or applied for all images. The audio, video, or image being presented 4401 to the user has the questions attached 4402 per client setup. The client can click various icons to edit 4406, preview 4404, or delete 4408 a question. All the information created is stored to the database in the server for each survey being created).
Furthermore, McKenzie does not explicitly disclose the limitation of Claim 1 which states wherein the one or more listener-user device downloads the survey from a QR code.
Vellozo though, with the teachings of McKenzie/Richards, teaches of
wherein the one or more listener-user device downloads the survey from a QR code (Vellozo: Para 0038 via FIG. 2 depicts a flow diagram of an illustrative method of receiving and responding to a poll via a mobile electronic device according to an embodiment. As shown in FIG. 2, an image of a poll symbology may be captured 205 by the mobile electronic device. The image of the poll symbology may be captured 205 using a camera incorporated into the mobile electronic device. For example, the camera may be incorporated into a smartphone or similar device. The poll symbology may include a multi-dimensional bar code. In particular, the poll symbology may include a quick response (QR) code, which is a commonly used two-dimensional bar code. An illustrative displayed poll symbology being captured 205 by a cell phone is depicted in FIG. 4).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify McKenzie/Richards with the teachings of Vellozo in order to have wherein the one or more listener-user device downloads the survey from a QR code. The motivations behind this being to incorporate the teachings of managing, receiving, responding to, and preparing polls accessible via mobile electronic devices. In addition to being in the same CPC class, the teachings, suggestions, and motivations in this prior art would have led one of ordinary skill to modify the prior art reference or combine prior art reference teachings to arrive at the claimed invention.
The combination of McKenzie/Richards/Vellozo, teaches the limitations of Claim 1
wherein the survey includes a plurality of DJ input as part of the survey (Richards: Para 0138, 0173-0174 via As shown in FIG. 12, in some embodiments, a client can create Normal, Pop-up, Stop, Familiarity, Scale, Tired of, or some other type of question by selecting the type from one of the selections choices 1202 available. In addition, a client can create additional subtypes of questions including multiple choice-select one, multiple choice-select all that apply, scale, open-ended comment boxes, hot/not, or any other types of questions by interacting with a menu 1204... Referring now to FIGS. 38-42, steps in a process for creating a survey are illustrated and discussed. As shown in FIG. 38, a client can create a new survey by clicking on button 3800 in the software. As shown in FIG. 39, the client can be presented with a display 3900 that includes the options to create a new survey 3902, copy a survey template 3904, or copy an existing survey 3906. As shown in FIG. 40, should the client choose to create a new Survey, the client then selects the type settings of the new survey from a display 4000, which can include Traditional Layout 4002, AMT Layout 4004, or some other Feature Type 4006, such as Weblinks, Website Drag & Drop, Radio Face-Off, or some other Face-Off. As shown in FIG. 41, the client can utilize a main survey setup page 4100 to name the survey 4102, set the start date and end date 4104, and set the Pop-up configuration 4106 related to Pop-up questions and determine other various settings...);
and wherein the media item is a music file (McKenzie: Para 0045 via When the first user is finished specifying the parameters of the feedback collection session, the first user may select the “Upload & Send” 11 button. When the user selects the “Upload & Send” 11 button, a selected file associated with the content (e.g., a media file, an audio file, metadata, and/or the like) may be transmitted from a user device associated with the first user to a server, a database, and/or the like associated with the interactive music feedback system described herein...).
Claim(s) 19 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over McKenzie (US 2021/0357447 A1) in view of Richards (US 2019/0034946 A1).
Regarding Claim 19, McKenzie teaches the limitations of Claim 19 which state
establishing communication for an overall system for music streaming that includes a non-transitory computer readable medium, at least one processor, at least one artist-user device and at least one listener-user device (McKenzie: Para 0025, 0049 via As shown in FIG. 1, the first user may be enabled via an interface (e.g., an online form, an application page, a display, and/or a web application) to upload the content to a server location accessible by the first user and/or one or more second users. A “Back” 1 button and a “Menu” 2 button may generally enable the user to navigate between pages of the interface. In some embodiments, the user may attach a file by selecting the “Browse” 3 button. The system may launch a window that enables the first user to select a content file from a storage location of a user device such as a desktop, a folder, a hard drive, a cloud server, and/or the like. IN Some embodiments, the content is uploaded, transferred to, and/or otherwise accessible by a dedicated server, a cloud-based server, a user device, and/or another storage device...a second user (e.g., a recipient) may receive the content and/or a feedback interface that enables the second user to review (e.g., view, listen to, look at, feel, touch, watch, critique, review, consume, and/or otherwise interact with) the content and/or provide feedback on the content. More specifically, the content, feedback interface, and/or accompanying information may be received at a user device of one or more second users. The message (e.g., the media content, feedback interface, accompanying information, and/or an invitation to review the content) may be accessible by a second user (and/or other recipients) on a mobile device, a tablet, a laptop computer, a desktop computer, a wearable computing device, a biometric device, a radio, a smartphone, a headset, glasses, a screen, a display, and/or another device);
registering a plurality of existing data from a database server (McKenzie: Para 0027 via After the first user selects, uploads, references, and/or otherwise provides access to the content, or even if the first user does not upload or reference any content, the first user is enabled to input information 5 associated with the content. Information associated with the content may include identifying information such as a title, an artist name, a producer name, a picture or photo, a length or duration associated with the content, a time, date, and/or location of a performance or focus group event, a version number, lyrics, discography information, a genre, an album name, a biography, notes, instructions for reviewing the content, metadata, and/or the like. Additional notes may be entered via the “Text Entry Box” 6. In some embodiments, the system may automatically identify, retrieve, list, and/or fill in at least one piece of information 5 based on an analysis of the content, metadata associated with the content, and/or a history of previous content on which the first user sought feedback);
registering a media item done by the at least one artist-user device; creating a database server of the media item from the at least one artist-user devices that comprises an existing portion of the existing data; transmitting the media item to the at least one listener-user devices (McKenzie: Para 0045 via When the first user is finished specifying the parameters of the feedback collection session, the first user may select the “Upload & Send” 11 button. When the user selects the “Upload & Send” 11 button, a selected file associated with the content (e.g., a media file, an audio file, metadata, and/or the like) may be transmitted from a user device associated with the first user to a server, a database, and/or the like associated with the interactive music feedback system described herein. In some embodiments, the system may automatically create a database entry, enter into a database any information associated with the content file (e.g., bibliographic information, review instructions, identifiers of elements to be reviewed, metadata, recipients, authentication credentials, and/or the like), and/or save such information as well as the content file. In some embodiments, if the media content is already hosted online and a link to a the media content was provided, the system may store the provided URL, reference, and/or other pointer in lieu of storing the content file itself. The system may also create database entries for feedback associated with the content and/or partition a predetermined amount of computing resources for receiving and/or storing the same. Database entries for the content file, information associated with the content file, and/or feedback (including information associated with a user and/or an element of the content) may be associated with (e.g., connected to, referenced by, linked to, accessible by, and/or the like) one or more of each other in the database);
transmitting a survey to the at least one listener-user devices (McKenzie: Para 0048-0049, 0071 via the system may transmit a message (e.g., a notification, alert, email, text message, and/or the like) to designated recipients (e.g., second users). The message may include the content, means for consuming the content (e.g., a video player, a music player, an image or photograph, various control interfaces for the same, a link to a web page on which content is hosted and/or presented, social media platforms, streaming platforms, virtual reality platforms, augmented reality platforms, and/or the like), and/or means for reviewing and/or providing feedback on the content (e.g., a feedback interface, and/or the like)... a second user (e.g., a recipient) may receive the content and/or a feedback interface that enables the second user to review (e.g., view, listen to, look at, feel, touch, watch, critique, review, consume, and/or otherwise interact with) the content and/or provide feedback on the content. More specifically, the content, feedback interface, and/or accompanying information may be received at a user device of one or more second users...For example, the scale of the rating slider 27 may include a range of at least one numerical value, qualitative value, and/or the like. The scale may operate along a numerical value range from 0 to 10. From this scale and using the rating slider 27, the second user may select a rating score of 7.8, for example, because he liked the selected rating criterion (e.g., an instrument) at a specific point in time. The system may automatically associate the selected rating score with the selected rating criterion in a database. The purpose of the rating score may be to quantify how much the second user likes and/or dislikes a certain aspect of the content. Upon selection of a numerical value using the slider 27, the system may identify and/or determine a timestamp and/or a time at which the numerical value is selected);
receiving the survey with the questions each with the binary answer completed from the at least one listener-user device (McKenzie: Para 0107 via FIG. 10E illustrates an exemplary user interface 1058 displaying results to the first user. In some embodiments, the results may include a graph 1060 of which instruments were liked and/or disliked, including by how much, over a duration of the content and/or feedback collection session. The system may aggregate input received from multiple second users who reviewed the same content to produce a graph 1060. The number of similar responses and/or the weight values associated with responses may correspond to the height of each stem and/or other indication. Each stem (e.g., indication) may represent an instrument, element, individual response, an individual user, a purchase, a user action, and/or the like. The system may identify a best-fitting location, a trend, an average, and/or other summations of input to produce each stem, trend indications 1065, markers 1063, and/or other indications displayed on the graph 1060. In some instances, only a few stems (e.g., indications) may represent a large aggregate of user input data. The first user may also be enabled to sort 1062 various rating criteria so that only certain rating criteria are displayed on the graph 1060. For example, the first user may view aggregated feedback associated with each instrument in the content, aggregated feedback associated with select instruments or select users, aggregated feedback associated with only one instrument and/or one user, and/or any other combination of feedback);
analyzing the survey from the at least one listener-user devices (McKenzie: Para 0107, 0130 via FIG. 10E illustrates an exemplary user interface 1058 displaying results to the first user. In some embodiments, the results may include a graph 1060 of which instruments were liked and/or disliked, including by how much, over a duration of the content and/or feedback collection session. The system may aggregate input received from multiple second users who reviewed the same content to produce a graph 1060. The number of similar responses and/or the weight values associated with responses may correspond to the height of each stem and/or other indication. Each stem (e.g., indication) may represent an instrument, element, individual response, an individual user, a purchase, a user action, and/or the like. The system may identify a best-fitting location, a trend, an average, and/or other summations of input to produce each stem, trend indications 1065, markers 1063, and/or other indications displayed on the graph 1060. In some instances, only a few stems (e.g., indications) may represent a large aggregate of user input data. The first user may also be enabled to sort 1062 various rating criteria so that only certain rating criteria are displayed on the graph 1060. For example, the first user may view aggregated feedback associated with each instrument in the content, aggregated feedback associated with select instruments or select users, aggregated feedback associated with only one instrument and/or one user, and/or any other combination of feedback...As demonstrated above, the system may transmit raw user input and/or processed information (e.g., reports, analytics, metrics, markers, timestamps, values, recommendations, transformed user input, and/or the like) to the first user for viewing and/or further analysis. Other pieces of information that are transmitted by the system to the first user may include but is not limited to a point in time when a listener pressed “Next” and/or skipped the user's song, a total number of plays, a total number of likes, a total number of dislikes, a total number of playlist adds, a total number of views, a total number of shares, a total number of reviews, a total number of fans, a total number of friends, a predictability score of success, a point value, an overall score, a virtual currency value, a numerical value, metadata associated with content, purchase information, and/or the like. The system may be configured to capture, store, transmit, and/or display any piece of information described herein. The system may transmit recommendations for content and/or second content, including options for interacting with content, to the second user in response to the second user completing a review of first content);
generating from the survey at least one number value which is a marketability score (McKenzie: Para 0116, 0130 via The system may identify and/or present a number of recommendations that maximizes the likelihood of commercial success, positive reception within an audience and/or audience demographic, a value associated with the content, and/or the like. In some embodiments, a projection may embody a numerical value associated with and/or assigned to the content...the system may transmit raw user input and/or processed information (e.g., reports, analytics, metrics, markers, timestamps, values, recommendations, transformed user input, and/or the like) to the first user for viewing and/or further analysis. Other pieces of information that are transmitted by the system to the first user may include but is not limited to a point in time when a listener pressed “Next” and/or skipped the user's song, a total number of plays, a total number of likes, a total number of dislikes, a total number of playlist adds, a total number of views, a total number of shares, a total number of reviews, a total number of fans, a total number of friends, a predictability score of success, a point value, an overall score, a virtual currency value, a numerical value, metadata associated with content, purchase information, and/or the like);
transmitting the at least one number value to the artist-user device which is a profitability score (McKenzie: Para 0116, 0130 via The system may identify and/or present a number of recommendations that maximizes the likelihood of commercial success, positive reception within an audience and/or audience demographic, a value associated with the content, and/or the like. In some embodiments, a projection may embody a numerical value associated with and/or assigned to the content...the system may transmit raw user input and/or processed information (e.g., reports, analytics, metrics, markers, timestamps, values, recommendations, transformed user input, and/or the like) to the first user for viewing and/or further analysis. Other pieces of information that are transmitted by the system to the first user may include but is not limited to a point in time when a listener pressed “Next” and/or skipped the user's song, a total number of plays, a total number of likes, a total number of dislikes, a total number of playlist adds, a total number of views, a total number of shares, a total number of reviews, a total number of fans, a total number of friends, a predictability score of success, a point value, an overall score, a virtual currency value, a numerical value, metadata associated with content, purchase information, and/or the like).
However, McKenzie does not explicitly disclose the limitation of Claim 19 which states defining the survey with a plurality of questions that each have a binary answer.
Richards though, with the teachings of McKenzie, teaches of
defining the survey with a plurality of questions that each have a binary answer (Richards: Para 0138 via As shown in FIG. 12, in some embodiments, a client can create Normal, Pop-up, Stop, Familiarity, Scale, Tired of, or some other type of question by selecting the type from one of the selections choices 1202 available. In addition, a client can create additional subtypes of questions including multiple choice-select one, multiple choice-select all that apply, scale, open-ended comment boxes, hot/not, or any other types of questions by interacting with a menu 1204).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify McKenzie with the teachings of Richards in order to have defining the survey with a plurality of questions that each have a binary answer. The motivations behind this being to teach the functionality and connectivity of the system as well as to present surveys from the artist to the listener. In addition to being in the same CPC class, the teachings, suggestions, and motivations in this prior art would have led one of ordinary skill to modify the prior art reference or combine prior art reference teachings to arrive at the claimed invention.
Regarding Claim 20, it is analogous to Claim 19 and is rejected for the same reasons.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TYRONE E SINGLETARY whose telephone number is (571)272-1684. The examiner can normally be reached 9 - 5:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Beth Boswell can be reached at 571-272-6737. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/T.E.S./Examiner, Art Unit 3625
/BETH V BOSWELL/Supervisory Patent Examiner, Art Unit 3625