DETAILED ACTION
This action is responsive to the Application filed on 07/12/2024. Claims 1-20 are pending in the case. Claims 1, 12, and 20 are independent claims.
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 .
Claim Objections
Claims 1-20 are objected to because of the following informalities:
Claim 1:
Line 12 improperly reintroduces the limitation “media content” (antecedent basis for this limitation had already been established in line 6 of the same claim).
Line 15 improperly reintroduces the limitation “indications” (antecedent basis for this limitation had already been established in line 9 of the same claim).
Claim 3:
Line 2 also improperly reintroduces the limitation “media content” (antecedent basis for this limitation had already been established in line 6 of parent claim 1).
Claim 12:
Line 10 improperly reintroduces the limitation “media content” (antecedent basis for this limitation had already been established in line 4 of the same claim).
Line 13 improperly reintroduces the limitation “indications” (antecedent basis for this limitation had already been established in line 7 of the same claim).
Claim 14:
Line 2 also improperly reintroduces the limitation “media content” (antecedent basis for this limitation had already been established in line 4 of parent claim 12).
Claim 20:
Line 8 improperly reintroduces the limitation “media content” (antecedent basis for this limitation had already been established in line 2 of the same claim).
Line 11 improperly reintroduces the limitation “indications” (antecedent basis for this limitation had already been established in line 5 of the same claim).
Appropriate correction is required.
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.
Claims 2, 4, 5, 13, 15, and 16 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention. As indicated above, independent claims 1 and 12 both improperly recite two introductory instances of the limitation “media content.” Therefore, when dependent claims 2, 4, 5, 13, 15, and 16 each refer to “the media content” (in line 2 of each dependent claim, respectively), doing so introduces indefiniteness concerns because it is unclear which “media content” version is being alluded to, respectively.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1, 12, and 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 9, and 16 of U.S. Patent No. 11,528,522 (hereinafter, “the ‘522 patent”). Although the claims at issue are not identical, they are not patentably distinct from each other because all of the limitations in claims 1, 12, and 20 of the instant application can be found within claims 1, 9, and 16 of the ‘522 patent, which contains significantly more details, specificity, and narrower language (see, for example, the ‘522 patent’s use of the narrower “audio tracks” versus the instant application’s broader “media content” usage). Thus, it would have been obvious to simplify claims 1, 9, and 16 of the ‘522 patent in order to arrive at claims 1, 12, and 20 of the instant application. See, for example:
INSTANT APPLICATION
U.S. Patent No. 11,528,522
1. A computing system comprising:
at least one processor;
at least one non-transitory computer-readable medium comprising program instructions that are executable by the at least one processor such that the computing system is configured to:
receive, from a first media playback system, a first request for media content available to the first media playback system;
based on a first policy associated with the first media playback system, provide indications of one or more first media items available for playback by the first media playback system, wherein the one or more first media items are subject to the first policy;
receive, from a second media playback system, a second request for media content available to the second media playback system;
based on a second policy associated with the second media playback system, provide indications of one or more second media items available for playback by the second media playback system, wherein the one or more second media items are subject to the second policy; and
wherein the first policy is different from the second policy at least in that the first policy enables at least one functionality for the first media playback system whereas the second policy restricts the at least one functionality for the second media playback system.
9. A computing system comprising at least one first server, the at least one first server comprising:
a network interface;
one or more hardware processors;
data storage storing instructions that, when executed by the one or more hardware processors, cause the at least one first server to perform functions comprising:
receiving, via the network interface, data representing a request to play back first audio tracks on a first group including two or more first playback devices of a first media playback system, wherein the first media playback system is associated with a first subscriber to a streaming media service, and wherein the first media playback system is physically located in a first commercial establishment;
determining that the first subscriber is associated with one or more first subscriber policies of the streaming media service, wherein the one or more first subscriber policies comprise one or more first display properties;
sending, via the network interface to a group coordinator of the first group, instructions to play back the first audio tracks on the first group including the two or more first playback devices according to the one or more first subscriber policies of the streaming media service, wherein the first group is expandable to one or more additional first playback devices, wherein the group coordinator of the first group plays back the first audio tracks according to the one or more first subscriber policies and sends data to group members to synchronize playback within the first group according to the one or more first subscriber policies, and wherein the two or more first playback devices stream the first audio tracks from one or more second servers;
sending, via the network interface, one or more first display commands that instruct a first controller application on a first control device to modify a first controller interface in accordance with the one or more first display properties, wherein modifying the first controller interface in accordance with the one or more first display properties comprises disabling one or more first playback controls on the first controller interface based on the one or more first display properties and wherein the first control device is separate and distinct from the two or more first playback devices;
receiving, via the network interface, data representing a request to play back second audio tracks on a second group including one or more second playback devices of a second media playback system, wherein the second media playback system is associated with a second subscriber to the streaming media service, and wherein the second media playback system is physically located in a second commercial establishment;
determining that the second subscriber is associated with one or more second subscriber policies of the streaming media service, wherein the one or more first subscriber policies restrict one or more additional playback functions relative to at least one playback function restricted by the one or more second subscriber policies, wherein the one or more second subscriber policies comprise one or more second display properties;
sending, via the network interface to a group coordinator of the second group, instructions to play back the second audio tracks on the second group including the one or more second playback devices according to the one or more second subscriber policies of the streaming media service, wherein the second group is expandable to one or more additional second playback devices, wherein the group coordinator of the second group plays back the second audio tracks according to the one or more second subscriber policies, and wherein the one or more second playback devices stream the second audio tracks from the one or more second servers; and
sending, via the network interface, one or more second display commands that instruct a second controller application on a second control device to modify a second controller interface in accordance with the one or more second display properties, wherein modifying the second controller interface in accordance with the one or more second display properties comprises enabling one or more second playback controls on the second controller interface based on the one or more second display properties, and wherein the second control device is separate and distinct from the one or more second playback devices.
12. At least one non-transitory computer-readable medium comprising program instructions that are executable by at least one processor such that a computing system is configured to:
receive, from a first media playback system, a first request for media content available to the first media playback system;
based on a first policy associated with the first media playback system, provide indications of one or more first media items available for playback by the first media playback system, wherein the one or more first media items are subject to the first policy;
receive, from a second media playback system, a second request for media content available to the second media playback system;
based on a second policy associated with the second media playback system, provide indications of one or more second media items available for playback by the second media playback system, wherein the one or more second media items are subject to the second policy; and
wherein the first policy is different from the second policy at least in that the first policy enables at least one functionality for the first media playback system whereas the second policy restricts the at least one functionality for the second media playback system.
16. A tangible, non-transitory computer-readable medium having instructions stored thereon that, when executed by one or more processors of a computing system comprising at least one first server, cause the at least one first server to perform functions comprising:
receiving, via a network interface, data representing a request to play back first audio tracks on a first group including two or more first playback devices of a first media playback system, wherein the first media playback system is associated with a first subscriber to a streaming media service, and wherein the first media playback system is physically located in a first commercial establishment;
determining that the first subscriber is associated with one or more first subscriber policies of the streaming media service, wherein the one or more first subscriber policies comprise one or more first display properties;
sending, via the network interface to a group coordinator of the first group, instructions to play back the first audio tracks on the first group including the two or more first playback devices according to the one or more first subscriber policies of the streaming media service, wherein the first group is expandable to one or more additional first playback devices, wherein the group coordinator of the first group plays back the first audio tracks according to the one or more first subscriber policies and sends data to group members to synchronize playback within the first group according to the one or more first subscriber policies, and wherein the two or more first playback devices stream the first audio tracks from one or more second servers;
sending, via the network interface, one or more first display commands that instruct a first controller application on a first control device to modify a first controller interface in accordance with the one or more first display properties, wherein modifying the first controller interface in accordance with the one or more first display properties comprises disabling one or more first playback controls on the first controller interface based on the one or more first display properties and wherein the first control device is separate and distinct from the two or more first playback devices;
receiving, via the network interface, data representing a request to play back second audio tracks on a second group including one or more second playback devices of a second media playback system, wherein the second media playback system is associated with a second subscriber to the streaming media service, and wherein the second media playback system is physically located in a second commercial establishment;
determining that the second subscriber is associated with one or more second subscriber policies of the streaming media service, wherein the one or more first subscriber policies restrict one or more additional playback functions relative to at least one playback function restricted by the one or more second subscriber policies, wherein the one or more second subscriber policies comprise one or more second display properties;
sending, via the network interface to a group coordinator of the second group, instructions to play back the second audio tracks on the second group including the one or more second playback devices according to the one or more second subscriber policies of the streaming media service, wherein the second group is expandable to one or more additional second playback devices, wherein the group coordinator of the second group plays back the second audio tracks according to the one or more second subscriber policies, and wherein the one or more second playback devices stream the second audio tracks from the one or more second servers; and
sending, via the network interface, one or more second display commands that instruct a second controller application on a second control device to modify a second controller interface in accordance with the one or more second display properties, wherein modifying the second controller interface in accordance with the one or more second display properties comprises enabling one or more second playback controls on the second controller interface based on the one or more second display properties, and wherein the second control device is separate and distinct from the one or more second playback devices.
20. A method to be performed by a computing system, the method comprising:
receiving, from a first media playback system, a first request for media content available to the first media playback system;
based on a first policy associated with the first media playback system, providing indications of one or more first media items available for playback by the first media playback system, wherein the one or more first media items are subject to the first policy;
receiving, from a second media playback system, a second request for media content available to the second media playback system;
based on a second policy associated with the second media playback system, providing indications of one or more second media items available for playback by the second media playback system, wherein the one or more second media items are subject to the second policy; and
wherein the first policy is different from the second policy at least in that the first policy enables at least one functionality for the first media playback system whereas the second policy restricts the at least one functionality for the second media playback system.
1. A method to be performed by a computing system comprising at least one first server, the method comprising:
receiving, via a network interface of the at least one first server, data representing a request to play back first audio tracks on a first group including two or more first playback devices of a first media playback system, wherein the first media playback system is associated with a first subscriber to a streaming media service, and wherein the first media playback system is physically located in a first commercial establishment;
determining, via the at least one first server, that the first subscriber is associated with one or more first subscriber policies of the streaming media service, wherein the one or more first subscriber policies comprise one or more first display properties;
sending, via the network interface of the at least one first server to a group coordinator of the first group, instructions to play back the first audio tracks on the first group including the two or more first playback devices according to the one or more first subscriber policies of the streaming media service, wherein the first group is expandable to one or more additional first playback devices, wherein the group coordinator of the first group plays back the first audio tracks according to the one or more first subscriber policies and sends data to group members to synchronize playback within the first group according to the one or more first subscriber policies, and wherein the two or more first playback devices stream the first audio tracks from one or more second servers;
sending, via the network interface of the at least one first server, one or more first display commands that instruct a first controller application on a first control device to modify a first controller interface in accordance with the one or more first display properties, wherein modifying the first controller interface in accordance with the one or more first display properties comprises disabling one or more first playback controls on the first controller interface based on the one or more first display properties and wherein the first control device is separate and distinct from the two or more first playback devices;
receiving, via the network interface of the at least one first server, data representing a request to play back second audio tracks on a second group including one or more second playback devices of a second media playback system, wherein the second media playback system is associated with a second subscriber to the streaming media service, and wherein the second media playback system is physically located in a second commercial establishment;
determining, via the at least one first server, that the second subscriber is associated with one or more second subscriber policies of the streaming media service, wherein the one or more first subscriber policies restrict one or more additional playback functions relative to at least one playback function restricted by the one or more second subscriber policies, wherein the one or more second subscriber policies comprise one or more second display properties;
sending, via the network interface of the at least one first server to a group coordinator of the second group, instructions to play back the second audio tracks on the second group including the one or more second playback devices according to the one or more second subscriber policies of the streaming media service, wherein the second group is expandable to one or more additional second playback devices, wherein the group coordinator of the second group plays back the second audio tracks according to the one or more second subscriber policies, and wherein the one or more second playback devices stream the second audio tracks from the one or more second servers; and
sending, via the network interface of the at least one first server, one or more second display commands that instruct a second controller application on a second control device to modify a second controller interface in accordance with the one or more second display properties, wherein modifying the second controller interface in accordance with the one or more second display properties comprises enabling one or more second playback controls on the second controller interface based on the one or more second display properties, and wherein the second control device is separate and distinct from the one or more second playback devices.
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.
Claims 1-4, 6-15, and 17-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent Application Pub. No. 2011/0264530 (hereinafter “Santangelo”).
As to independent claims 1, 12, and 20, Santangelo shows a computing system [fig. 8], a non-transitory computer-readable medium [¶ 58], and a concomitant method [¶ 04], comprising:
receive, from a first media playback system, a first request for media content available to the first media playback system [a first request for available media content may be received from a first media playback system (¶ 16)];
based on a first policy associated with the first media playback system, provide indications of one or more first media items available for playback by the first media playback system, wherein the one or more first media items are subject to the first policy [indications of one or more first media items that are both subject to a first policy and also available for playback by the first media playback system may be provided (¶¶ 16, 21-23, 227, & 283)];
receive, from a second media playback system, a second request for media content available to the second media playback system [a second request for available media content may be received from a second/different media playback system (¶¶ 16, 163-168, & 280-283)];
based on a second policy associated with the second media playback system, provide indications of one or more second media items available for playback by the second media playback system, wherein the one or more second media items are subject to the second policy [indications of one or more second media items that are both subject to a second policy and also available for playback by the second media playback system may be provided (¶¶ 16, 21-23, 227, & 283)]; and
wherein the first policy is different from the second policy at least in that the first policy enables at least one functionality for the first media playback system whereas the second policy restricts the at least one functionality for the second media playback system [“The segment types may be identified for example as primary content (e.g., entertainment content), secondary content (e.g., advertisement content), “pause advertisement” and/or other trick mode type (e.g., “trick mode enabled advertisement”, “trick mode disabled advertisement”, etc.). The aforementioned segment controls specify whether fast forward, rewind, pause, etc. functions are enabled or disabled for each time based segment. In one embodiment, certain trick mode operations are disabled or enabled depending on one or more characteristics of the requesting subscriber and/or device. For example, a subscriber having a lower tier or “basic” level subscription may be disallowed to invoke any trick mode operations (such as during primary and/or secondary content play). Alternatively, if a device is unable to perform the trick mode, the trick mode operation will be specified as disabled in the segment controls. {…}” (¶ 227)
“The types or formats of secondary content to be inserted may also vary according to the status of the requesting subscriber and/or device (e.g., certain subscribers or classes of subscribers may receive upgraded content formats). As noted previously, these rules may be implemented at the device level (e.g., CPE 106) or at the ADM 220, ADS 222, or CM 224. The CPE 106 may possess high definition (HD) decoding capability, for example, but programs rendered in HD would not be made available to such subscribers unless they met certain criteria (e.g., “premium” subscription, etc.). Similarly, if the subscriber did not possess a required codec, CA keys, or network interface, the download of this missing component could be controlled to only subscribers meeting certain criteria. In one embodiment, the business rules engine running on a processor 804 of the CPE 106 and/or at the aforementioned ADM 220, ADS 222, or CM 224 implements these criteria.” (¶ 283) | For even further context/examples, see also ¶¶ 225, 228-233, & 236-241.].
As to dependent claims 2 and 13, Santangelo further shows:
wherein the first policy and the second policy are based on a characteristic of the media content [the first policy and the second policy are based on a characteristic of the media content (¶¶ 227-233)].
As to dependent claims 3 and 14, Santangelo further shows:
wherein the characteristic comprises a type of media content [the characteristic comprises a type of media content (¶¶ 227-233)].
As to dependent claims 4 and 15, Santangelo further shows:
wherein the characteristic comprises a source of the media content [the characteristic comprises a source of the media content (¶¶ 227-233 & 275)].
As to dependent claims 6 and 17, Santangelo further shows:
wherein the one or more first media items are different than the one or more second media items in at least one aspect [the one or more first media items are different than the one or more second media items in at least one aspect (¶¶ 227 & 283)].
As to dependent claims 7 and 18, Santangelo further shows:
wherein the first media playback system is associated with a first subscription of a media service and the second media playback system is associated with a second subscription of the media service [the first media playback system is associated with a first subscription of a media service and the second media playback system is associated with a second subscription of the media service (¶¶ 227 & 283)].
As to dependent claims 8 and 19, Santangelo further shows:
wherein the first subscription and the second subscription are different in at least one aspect [the first subscription and the second subscription are different in at least one aspect (¶¶ 227 & 283)].
As to dependent claim 9, Santangelo further shows:
wherein the first policy is associated with the first subscription and the second policy is associated with the second subscription [the first policy is associated with the first subscription and the second policy is associated with the second subscription (¶¶ 227 & 283)].
As to dependent claim 10, Santangelo further shows:
wherein the media service comprises a media playback system service [the media service comprises a media playback system service (¶¶ 79 & 285)].
As to dependent claim 11, Santangelo further shows:
wherein the media service comprises a media streaming service associated with the first media playback system and the second media playback system [the media service comprises a media streaming service associated with the first media playback system and the second media playback system (¶¶ 79, 103, & 285)].
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 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
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 5 and 16 are rejected under 35 U.S.C. § 103 as being unpatentable over Santangelo in view of US Patent Application Pub. No. 2003/0018797 (hereinafter “Dunning”).
As to dependent claims 5 and 16, Santangelo shows many examples wherein the first policy and the second policy are based on a characteristic of the media content (Santangelo: ¶¶ 227-233). Nonetheless, Santangelo does not appear to explicitly recite a “wherein the characteristic comprises an artist of the media content” as apparently intended. In an analogous art, Dunning shows:
wherein the characteristic comprises an artist of the media content [“A method, system, and computer program product allow users to skip and/or to fast-forward through media items such as songs, while limiting the extent to which skipping is allowed in order to maintain conformance with sound performance complement restrictions such as those specified by the Digital Millennium Copyright Act. If the user requests a skip that may result in a DMCA violation, the skip is disallowed and the request is denied. {…} If the user attempts to skip a song or song portion that would cause the aggregated skipped amount to exceed the excess time, the skip is disallowed.” (Abstract)
“For illustrative purposes, the following description and examples describe the operation of the invention with respect to the particular sound recording performance complement provisions of the DMCA that specify that no more than four sound recordings by a particular artist be transmitted during a three-hour time period. However, one skilled in the art will recognize that the same principles and methods can be applied to other sound recording performance complement provisions of the DMCA or other restrictions imposed for legal or other reasons. For example, the technique of the present invention can be applied to limit the number of recordings from a particular album or set or compilation of albums, the number of consecutive recordings from a particular album, the number of consecutive recordings by a particular artist, and the like. Furthermore, the three-hour time period specified by the DMCA is merely an example, and any time period can be used. Finally, the techniques of the present invention can be applied to songs, song segments, video programs, radio programs, or any other type of transmissions.” (¶ 41) | For even further context/examples, see also ¶¶ 08-09, 46, & 52-53.].
One of ordinary skill in the art, having the teachings of Santangelo and Dunning before them prior to the effective filing date of the claimed invention, would have been motivated to incorporate Dunning’s artist-based policy into Santangelo. The rationale for doing so would have been to allow “user control of media playback while conforming to applicable sound recording performance complement restrictions” (Dunning: ¶ 03) and/or to enable “song-skipping and fast-forwarding (collectively referred to herein as “skipping”) by users, while ensuring that the sound recording performance complement provisions of the DMCA are not violated” (Dunning: ¶ 14). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Santangelo and Dunning in order to obtain the invention as recited in claims 5 and 16.
Conclusion
The prior art made of record and not relied upon is considered pertinent to Applicant’s disclosure. Applicants are required under 37 C.F.R. § 1.111(c) to consider these references fully when responding to this action.
Inventor
Document ID
Relevance
Russell; Travis E. et al.
US 20070067794 A1
“wherein the first policy is different from the second policy at least in that the first policy enables at least one functionality for the first media playback system whereas the second policy restricts the at least one functionality for the second media playback system”
Marsico; Peter Joseph
US 20070124785 A1
“wherein the first policy is different from the second policy at least in that the first policy enables at least one functionality for the first media playback system whereas the second policy restricts the at least one functionality for the second media playback system”
Black; Jeremy K. et al.
US 20070156739 A1
“wherein the first policy is different from the second policy at least in that the first policy enables at least one functionality for the first media playback system whereas the second policy restricts the at least one functionality for the second media playback system”
NAVAR; Murgesh et al.
US 20110004669 A1
“wherein the first policy is different from the second policy at least in that the first policy enables at least one functionality for the first media playback system whereas the second policy restricts the at least one functionality for the second media playback system”
LEE; Hyun Jin et al.
US 20100138854 A1
“wherein the first policy is different from the second policy at least in that the first policy enables at least one functionality for the first media playback system whereas the second policy restricts the at least one functionality for the second media playback system”
Stern; Peter et al.
US 20110243533 A1
“wherein the first policy is different from the second policy at least in that the first policy enables at least one functionality for the first media playback system whereas the second policy restricts the at least one functionality for the second media playback system”
Moloney-Egnatios; Kate et al.
US 20130024880 A1
“wherein the first policy is different from the second policy at least in that the first policy enables at least one functionality for the first media playback system whereas the second policy restricts the at least one functionality for the second media playback system”
King; Ryan Eric et al.
US 20060195902 A1
“wherein the first policy is different from the second policy at least in that the first policy enables at least one functionality for the first media playback system whereas the second policy restricts the at least one functionality for the second media playback system”
Cholas; Chris
US 20120089699 A1
“wherein the first policy is different from the second policy at least in that the first policy enables at least one functionality for the first media playback system whereas the second policy restricts the at least one functionality for the second media playback system”
Kowalik; Lukasz et al.
US 8898743 B1
“wherein the first policy is different from the second policy at least in that the first policy enables at least one functionality for the first media playback system whereas the second policy restricts the at least one functionality for the second media playback system”
Cohen; Gabriel et al.
US 8763149 B1
“wherein the first policy is different from the second policy at least in that the first policy enables at least one functionality for the first media playback system whereas the second policy restricts the at least one functionality for the second media playback system”
Sheedy; Sean Michael et al.
US 9462344 B1
“wherein the first policy is different from the second policy at least in that the first policy enables at least one functionality for the first media playback system whereas the second policy restricts the at least one functionality for the second media playback system”
It is noted that any citation to specific pages, columns, lines, or figures in the prior art references and any interpretation of the references should not be considered to be limiting in any way. A reference is relevant for all it contains and may be relied upon for all that it would have reasonably suggested to one having ordinary skill in the art. In re Heck, 699 F.2d 1331, 1332-33, 216 U.S.P.Q. 1038, 1039 (Fed. Cir. 1983) (quoting In re Lemelson, 397 F.2d 1006, 1009, 158 U.S.P.Q. 275, 277 (C.C.P.A. 1968)).
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/ALVARO R CALDERON IV/
Examiner, Art Unit 2171
/KIEU D VU/Supervisory Patent Examiner, Art Unit 2171
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