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 .
Election/Restrictions
Applicant’s election without traverse of Group I, claims 1-17, in the reply filed on 5/20/2026 is acknowledged.
Claims 18-19 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a non-elected invention, there being no allowable generic or linking claim.
Claims 1-17 are elected.
Claims 18-19 are withdrawn.
Claims 1-17 are pending and rejected.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 5/21/2024 and 8/7/2024 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements have been considered by the examiner.
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.
Claims 1-17 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
Step 1:
Claims 1-16 are directed to a method, which is a process. Claim 17 is directed to a computer-readable recording medium, which is an apparatus. Therefore, claims 1-17 are directed to one of the four statutory categories of invention.
Step 2A (Prong 1):
Representative claim 1 sets forth the following limitations which recite the abstract idea of facilitating content delivery:
acquiring an identification code shown on an item corresponding to a platform album;
transmitting information included in the identification code to a platform album providing service server as the identification code is acquired;
receiving content information corresponding to the information of the identification code, which is content of the platform album, from the platform album providing service server; and
outputting content corresponding to the content information through an exclusive application provided in the user terminal.
The recited limitations above set forth steps to facilitating content delivery. These limitations amount to certain methods of organizing human activity, including commercial or legal interactions (e.g. advertising, marketing or sales activities or behaviors).
Such concepts have been identified by the courts as abstract ideas (see: MPEP 2106).
Step 2A (Prong 2):
Examiner notes that representative claim 1 recites additional elements such as a user terminal, etc.
When taken individually and as a whole, the additional elements of claim 1 do not integrate the recited judicial exception into a practical application of the exception. The claim merely includes instruction to implement an abstract idea on a computer, or to merely use a computer as a tool to perform an abstract idea, while the additional elements do no more than generally link the use of a judicial exception to a particular field of technological environment or field of use.
Furthermore, this is also because the claim fails to (i) reflect an improvement in the functioning of a computer, or an improvement to other technology or technical field, (ii) implement a judicial exception with a particular machine, (iii) effect a transformation or reduction of a particular article to a different state or thing, or (iv) apply the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment.
In view of the above, under Step 2A (Prong 2), claim 1 does not integrate the recited exception into a practical application (see again: MPEP 2106).
Step 2B:
When taken individually or as a whole, the additional elements of claim 1 do not provide an inventive concept (i.e. whether the additional elements amount to significantly more than the exception itself). As discussed above with respect to integration of the abstract idea into a practical application, the additional element of using a processor to perform the steps amounts to no more than mere instructions to apply the exception using a generic computer component. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. Certain additional elements also recite well-understood, routine, and conventional activity (See MPEP 2106.05(d)).
Even if considered as an ordered combination, the additional elements of claim 1 do not add anything further than when they are considered individually.
In view of the above, claim 1 does not provide an inventive concept under step 2B, and is ineligible for patenting.
Dependent claims 2-8 recite further complexity to the judicial exception (abstract idea) of claim 1, such as by further defining the steps for facilitating content delivery. Thus, each of claims 2-8 are held to recite a judicial exception under Step 2A (Prong 1) for at least similar reasons as discussed above.
Therefore, dependent claims 2-8 do not add “significantly more” to the abstract idea. The dependent claims recite additional functions that describe the abstract idea and only generally link the abstract idea to a particularly technological environment, and applied on a generic computer. Further, the additional limitations fail to provide an improvement to the functioning of the computer, another technology, or a technical field.
Even when viewed as an ordered combination, the dependent claims simply convey the abstract idea itself applied on a generic computer and are held to be ineligible under Steps 2A/2B for at least similar rationale as discussed above regarding claim 1.
The analysis above applies to all statutory categories of invention. Regarding independent claims 9 (method) and 17 (medium), the claims recite substantially similar limitations as set forth in claim 1. As such, claims 9 and 17 and their dependent claims 10-16 are rejected for at least similar rationale as discussed above.
Claim Rejections - 35 USC § 102
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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Britt, JR. et al. (U.S. Pre-Grant Publication No. 2018/0068094 A1) (“Britt”).
Regarding claim 1, Britt teaches a method of providing content in a user terminal, the method comprising:
acquiring an identification code shown on an item corresponding to a platform album (Fig. 1, 3A; para [0025], QR Code or similar code may be imprinted on the packaging and can be exposed to a camera ion the device 102, where the device itself may decode the QR Code or may send an image to a remote server system for decoding);
transmitting information included in the identification code to a platform album providing service server as the identification code is acquired (Fig. 1, 3A; para [0026], By scanning the chip 108, a user of the mobile device 102 may be identifying themselves to a central set of servers as the rightful owner of the media item in the packaging);
receiving content information corresponding to the information of the identification code, which is content of the platform album, from the platform album providing service server (Fig. 1, 3A; para [0026], such registration by a user may enable the user to obtain, in addition to the right to listen to the CD in a normal manner, an additional right to listen to other copies of the content that is on the CD from a different source, such as a cloud-based streaming music service); and
outputting content corresponding to the content information through an exclusive application provided in the user terminal (Fig. 1, 3A; para [0059], provision of the content may occur in various ways, such as by showing an icon or list of songs to the user for their selection, and then subsequently streaming the music of those songs if the user indicates that they would like to listen to the songs.).
Regarding claim 2, Britt teaches the above method of claim 1. Britt also teaches wherein the received content information includes image information corresponding to an image shown on the item together with the identification code, and the outputting of the content comprises providing, in the platform album, the image information corresponding to the image which is printed on the item (Fig. 1; para [0034]; para [0081], mobile computing device 610 may include various visual, auditory, and tactile user-output mechanisms. An example visual output mechanism is display device 612, which can visually display video, graphics, images, and text that combine to provide a visible user interface).
Regarding claim 3, Britt teaches the above method of claim 2. Britt also teaches wherein the providing of the image information comprises outputting the image information corresponding to the image printed on the item as an image in album art or a photobook of the platform album (para [0063], retail store may execute a transaction to sell the booklet to a user in a standard price such as $10, where the substantial value of the transaction is in the ability to scan the booklet and obtain on-line access to the content that is associated with the booklet.).
Regarding claim 4, Britt teaches the above method of claim 1. Britt also teaches wherein a sales track record or a utilization track record corresponding to the platform album are identified based on information on the identification code, which is transmitted to the platform album providing service server the method further comprising providing, to a user, information associated with the sales track record or the utilization track record being provided to a content- associated chart (Fig. 4; para [0071], media server system extracts the media identifier(s) and checks them against logs that keep track of media identifiers that have been submitted to the system (or to another system that shares such information with the first system). If the identifiers are new, the system registers on-line content that corresponds with the purchased CD to be associated with the user's account, so that the user can obtain access to the on-line content).
Regarding claim 5, Britt teaches the above method of claim 1. Britt also teaches wherein the content information includes at least a portion of video information and sound information corresponding to the information of the identification code (para [0046], songs may differ in other ways also, such as by providing a user with access to multiple versions of certain songs on the CD, such as live recordings at concerts, special extended play versions, and studio sets. Moreover, the user may be provided access to music videos, special digital images, extended liner notes, interviews with the band, and other similar information); and
wherein the outputting comprises outputting a video corresponding to the video information as a music video, a behind-the-scenes video, or a video message in the platform album or outputting a sound corresponding to the received sound information as a track sound or background music (BGM) of the platform album (para [0046], songs may differ in other ways also, such as by providing a user with access to multiple versions of certain songs on the CD, such as live recordings at concerts, special extended play versions, and studio sets. Moreover, the user may be provided access to music videos, special digital images, extended liner notes, interviews with the band, and other similar information).
Regarding claim 6, Britt teaches the above method of claim 1. Britt also teaches further comprising displaying an icon for showing a purchase track record on the item based on the information of the identification code (para [0059], provision of the content may occur in various ways, such as by showing an icon or list of songs to the user for their selection, and then subsequently streaming the music of those songs if the user indicates that they would like to listen to the songs).
Regarding claim 7, Britt teaches the above method of claim 1. Britt also teaches further comprising:
receiving, from the platform album providing service server to an account of a user, allocation of a level classified as a predetermined class according to a purchase track record of the user or a track record of an activity of the user through the platform album (para [0046]-[0047], songs may differ in other ways also, such as by providing a user with access to multiple versions of certain songs on the CD, such as live recordings at concerts, special extended play versions, and studio sets. Moreover, the user may be provided access to music videos, special digital images, extended liner notes, interviews with the band, and other similar information);
and receiving a graded benefit to the account of the user according to the allocated level (para [0046]-[0047]).
Regarding claim 8, Britt teaches the above method of claim 1. Britt also teaches further comprising:
additionally recognizing an identification code shown on another item corresponding to the platform album; transmitting information included in the additional identification code to the platform album providing service server (para [0046]-[0047]); and
receiving, from the platform album providing service server, additional content information corresponding to a combination of the information of the previously transmitted identification code and the information of the additional identification code (para [0046]-[0047]).
Regarding claims 9-17, independent claims 9 and 17 and dependent claims 10-16 are substantially similar to above claims 1-8. Therefore claims 9-17 are rejected on at least similar rationale.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANAND LOHARIKAR whose telephone number is 571-272-8756. The examiner can normally be reached Monday through Friday, 9am – 5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Marissa Thein can be reached at 571-272-6764. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANAND LOHARIKAR/Primary Examiner, Art Unit 3689
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