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 .
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.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 16 recites the limitation "the Publisher ID" in line 5. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 103
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.
Claims 1-2, 4, 8-9, 11, 15, 17 are rejected under 35 U.S.C. 103 as being unpatentable over Shahid (US Patent Application Publication No. 2011/0213681), and further in view of Jayaram (US Patent Application Publication No. 2015/0281787).
Regarding claim 1, Shahid teaches a system (Figs. 1, 3) for linking over-the-air broadcast content to digital podcast content, the system comprising:
a radio receiver (Fig. 1 item 104) configured to receive broadcast signals and metadata from a radio broadcaster with or without an IP data connect (Paragraphs 0042-0043, 0045, 0058-0075);
a data processor (Fig. 3 item 129, Fig. 4 item 192) configured to extract an identifier from the received metadata, wherein the identifier links to digital podcast content produced by the radio broadcaster (Paragraphs 0042, 0057-0063, 0077, 0081, 0083, 0089 extracting URL from metadata, 0125 radio program associated podcasts, 0182 broadcaster associated podcasts);
a network interface module (Fig. 3 items 168, 174, Paragraphs 0064-0067) to retrieve the digital podcast content via an external data network using the extracted identifier (Paragraphs 0083, 0089-0092 interactive podcasts, 0125, 0182, claim 3 “client application which functions to control said host device to download podcasts in metadata associated with broadcasts received by said broadcast receiver thereby saving bandwidth which would be otherwise consumed on the internet in distributing podcasts by unicast on the internet” (emphasis added)); and
a user interface module to display (Fig. 3 item 152, Paragraph 0063), on a user device, a link to the digital podcast content, such that when the displayed link is selected then a list of podcasts corresponding to the retrieved digital podcast content is rendered on the user device (Paragraphs 0081, 0083, 0085, 0089-0097 performing interactive posting i.e. podcasting, 0125, 0182) (Paragraphs 0036-0194 for complete details).
Shahid teaches broadcasting metadata with the available podcasts that are related to the programs being broadcast on said primary media channel and URLs to access said podcast (i.e. catalog of URLs to access related podcasts) (Pages 24-25, claim 36). But Shahid does not explicitly teach the catalog.
However, in the similar field, Jayaram teaches a catalog of pointers/links to metadata to access additional details of Television (TV) programs (Figs. 3A-3B, 4A-4B. Paragraphs 0049-0057).
It would have been obvious to a person of ordinary skill in the art before he effective filing date of the present invention to modify Shahid to include a catalog of metadata with links to access additional details of Television (TV) programs as taught by in order to enable “the TV program metadata 302” as “the superset of a collection of entity metadata elements associated with the TV program data 301” (Jayaram, Paragraph 0050).
Regarding claim 2, Shahid teaches wherein the identifier comprises a Publisher ID that uniquely identifies the radio broadcaster (Paragraph 0094 “the client application uses the URL in the post to make an upstream request to an e-commerce server” and “This metadata may also contain a unique ID for the ad, song or program that generated the interest, a unique ID for the broadcaster that sent it” (emphasis added).).
Regarding claim 4, Shahid teaches wherein the user interface module displays the link through a selectable button that, when activated, displays the list of podcasts produced by the radio broadcaster (Paragraphs 0047 ”button” for URL, 008 selected for upstream request for more information). Jayaram teaches wherein the user interface module displays the link through a selectable button that, when activated, displays the list of podcasts produced by the radio broadcaster (Paragraphs 0049-0053 links to additional data, obvious to hide link associated with displayed button).
Regarding claim 8, Shahid teaches a method for linking over-the-air broadcast content to digital podcast content, the method comprising:
receiving broadcast signals and metadata from a radio broadcaster (Paragraphs 0042-0043, 0045, 0058-0075);
extracting an identifier from the received metadata, wherein the identifier links to digital podcast content produced by the radio broadcaster (Paragraphs 0042, 0057-0063, 0077, 0081, 0083, 0089 extracting URL from metadata, 0125 radio program associated podcasts, 0182 broadcaster associated podcasts);
retrieving the digital podcast content via an external data network using the extracted identifier (Paragraphs 0083, 0089-0092 interactive podcasts, 0125, 0182, claim 3 “client application which functions to control said host device to download podcasts in metadata associated with broadcasts received by said broadcast receiver thereby saving bandwidth which would be otherwise consumed on the internet in distributing podcasts by unicast on the internet” (emphasis added)); and
displaying, on a user device, a link to the digital podcast content, such that when the displayed link is selected then a list of podcasts corresponding to the retrieved digital podcast content is rendered on the user device (Paragraphs 0081, 0083, 0085, 0089-0097 performing interactive posting i.e. podcasting, 0125, 0182) (Paragraphs 0036-0194 for complete details).
Shahid teaches broadcasting metadata with the available podcasts that are related to the programs being broadcast on said primary media channel and URLs to access said podcast (i.e. catalog of URLs to access related podcasts) (Pages 24-25, claim 36). But Shahid does not explicitly teach the catalog.
However, in the similar field, Jayaram teaches a catalog of pointers/links to metadata to access additional details of Television (TV) programs (Figs. 3A-3B, 4A-4B. Paragraphs 0049-0057).
It would have been obvious to a person of ordinary skill in the art before he effective filing date of the present invention to modify Shahid to include a catalog of metadata with links to access additional details of Television (TV) programs as taught by in order to enable “the TV program metadata 302” as “the superset of a collection of entity metadata elements associated with the TV program data 301” (Jayaram, Paragraph 0050).
Regarding claim 9, Shahid teaches wherein the identifier comprises a Publisher ID that uniquely identifies the radio broadcaster (Paragraph 0094 “the client application uses the URL in the post to make an upstream request to an e-commerce server” and “This metadata may also contain a unique ID for the ad, song or program that generated the interest, a unique ID for the broadcaster that sent it” (emphasis added).).
Regarding claim 11, Shahid teaches displaying the link through a selectable button that, when activated, displays the list of podcasts produced by the radio broadcaster (Paragraphs 0047 ”button” for URL, 008 selected for upstream request for more information). Jayaram teaches displaying the link through a selectable button that, when activated, displays the list of podcasts produced by the radio broadcaster (Paragraphs 0049-0053 links to additional data, obvious to hide link associated with displayed button).
Regarding claim 15, Shahid teaches a computer program product comprising at least one non-transitory computer-readable storage medium having computer-executable program code portions stored therein (Fig. 3 item 156, Paragraphs 0063, 0068), the computer program product configured to:
receive broadcast signals and metadata from a radio broadcaster and/or IP data connection (Paragraphs 0042-0043, 0045, 0058-0075);
extract an identifier from the received metadata, wherein the identifier links to digital podcast content produced by the radio broadcaster (Paragraphs 0042, 0057-0063, 0077, 0081, 0083, 0089 extracting URL from metadata, 0125 radio program associated podcasts, 0182 broadcaster associated podcasts);
retrieve the digital podcast content via an external data network using the extracted identifier (Paragraphs 0083, 0089-0092 interactive podcasts, 0125, 0182, claim 3 “client application which functions to control said host device to download podcasts in metadata associated with broadcasts received by said broadcast receiver thereby saving bandwidth which would be otherwise consumed on the internet in distributing podcasts by unicast on the internet” (emphasis added)); and
display, on a user device, a link to the digital podcast content, such that when the displayed link is selected then a list of podcasts corresponding to the retrieved digital podcast content is rendered on the user device (Paragraphs 0081, 0083, 0085, 0089-0097 performing interactive posting i.e. podcasting, 0125, 0182) (Paragraphs 0036-0194 for complete details).
Shahid teaches broadcasting metadata with the available podcasts that are related to the programs being broadcast on said primary media channel and URLs to access said podcast (i.e. catalog of URLs to access related podcasts) (Pages 24-25, claim 36). But Shahid does not explicitly teach the catalog.
However, in the similar field, Jayaram teaches a catalog of pointers/links to metadata to access additional details of Television (TV) programs (Figs. 3A-3B, 4A-4B. Paragraphs 0049-0057).
It would have been obvious to a person of ordinary skill in the art before he effective filing date of the present invention to modify Shahid to include a catalog of metadata with links to access additional details of Television (TV) programs as taught by in order to enable “the TV program metadata 302” as “the superset of a collection of entity metadata elements associated with the TV program data 301” (Jayaram, Paragraph 0050).
Regarding claim 17, Shahid teaches to display the link through a selectable button that, when activated, displays the list of podcasts produced by the radio broadcaster (Paragraphs 0047 ”button” for URL, 008 selected for upstream request for more information). Jayaram teaches to display the link through a selectable button that, when activated, displays the list of podcasts produced by the radio broadcaster (Paragraphs 0049-0053 links to additional data, obvious to hide link associated with displayed button).
Allowable Subject Matter
Claims 3, 5-7, 10, 12-14, 18-20 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.
Claim 16 is objected as it is rejected under 35 USC 112 as indicted above.
The above objection(s) is (are) based on the claim(s) as presently set forth in its (their) totality. It should not be interpreted as indicating that amended claim(s) broadly reciting certain limitations would be allowable. A more detailed reason(s) for allowance may be set forth in a subsequent Notice of Allowance if and when all claims in the application are put into a condition for allowance.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HEMANT PATEL whose telephone number is (571)272-8620. The examiner can normally be reached M-F 8:00 AM - 4:30 PM EST.
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, Fan Tsang can be reached at 571-272-7547. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
HEMANT PATEL
Primary Examiner
Art Unit 2694
/HEMANT S PATEL/ Primary Examiner, Art Unit 2694