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 .
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.
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Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 10,152,536 in view of Butts et al. (US Patent Application Publication No. 2016/0004709). The claims of the instant application and the claims of the reference patent are compared in the table below.
Instant Application No. 18/787,574.
Claim 1. A method to be performed by a computing device, the method comprising:
displaying, via a graphical user interface of a first application on a graphical display,
graphical representations of digital content provided by a first cloud service, wherein the digital content provided by the first cloud service comprises:
(i) playlists of audio tracks curated by the first cloud service, wherein the playlists of audio tracks comprise (i) a first curated playlist comprising first identifiers representing respective sources of first audio tracks at one or more servers of a second cloud service and (ii) a plurality of second curated playlists; and
(ii) non-audio content; receiving input data representing a selection of the first curated playlist for playback from among the playlists of audio tracks; and according to the input data, executing a second application, wherein, while executing, the second application causes the first curated playlist to be played back on a playback device.
US Patent No. 10,152,536.
Claim 1. A method comprising: detecting, via a controller device, a first input in a control interface of a first application; based on the first input, sending, via a controller device over a local area network (LAN) to a media playback system, a command that instructs the media playback system to play back media provided by a first streaming audio service;
displaying in the control interface of the first application, via the controller device, an indication of a suggested second application that is operable to provide access to a second streaming audio service that is different from the first streaming media service; detecting, via the controller device, a second input in the first application, wherein the second input comprises a selection of the suggested second application; and based on the second input, causing, via the controller device, the controller device to download the second application to a data storage of the controller device.
Claim 1 of the reference patent recites all of the limitations of claim 1 of the instant application except “a plurality of second curated playlists; and (ii) receiving input data representing a selection of the first curated playlist for playback from among the playlists of audio tracks; and according to the input data..” However, Butts teaches the graphical representations of audio content in the playback queue region may include track titles, artist names, track lengths, and other relevant information associated with the audio content in the playback queue. In one example, graphical representations of audio content may be selectable to bring up additional selectable icons to manage and/or manipulate the playback queue and/or audio content represented in the playback queue. For instance, a represented audio content may be removed from the playback queue, moved to a different position within the playback queue, or selected to be played immediately, or after any currently playing audio content, among other possibilities. A playback queue associated with a playback zone or zone group may be stored in a memory on one or more playback devices in the playback zone or zone group, on a playback device that is not in the playback zone or zone group, and/or some other designated device; [Butts para. 0061 and figures 4, 6A-7B].
It would have been obvious to person of ordinary skill in the art before the effective filing date of the claimed invention to teaches the graphical representations of audio content in the playback queue region may include track titles, artist names, track lengths, and other relevant information associated with the audio content in the playback queue. In one example, graphical representations of audio content may be selectable to bring up additional selectable icons to manage and/or manipulate the playback queue and/or audio content represented in the playback queue. For instance, a represented audio content may be removed from the playback queue, moved to a different position within the playback queue, or selected to be played immediately, or after any currently playing audio content, among other possibilities. A playback queue associated with a playback zone or zone group may be stored in a memory on one or more playback devices in the playback zone or zone group, on a playback device that is not in the playback zone or zone group, and/or some other designated device; as disclosed in Butts, within the method of claim 1 of the reference patent, a plurality of second curated playlists; and (ii) receiving input data representing a selection of the first curated playlist for playback from among the playlists of audio tracks; and according to the input data.
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.
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 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) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over New et al. (US Patent Application Publication No. 2006/0195521) in view of Hawkins et al. US Patent Application Publication No. 2012/0274850).
Regarding claims 1 and 20, New discloses at least one non-transitory computer-readable medium comprising program instructions that are executable by at least one processor such that a computing device is configured to [see para. 0098; a media management program to launch and save the playlist to a memory of that particular user's computing device. These functions could also be implemented by the software application itself]:
display via a graphical user interface of a first application [the playlist creation tool], graphical representations of digital content provided by a first cloud service, wherein the digital content provided by the first cloud service comprises [see para. 0011; the media file identifier is server-defined, the media file identifier is a genre. In another embodiment, the media file identifier indicates the identity of the contributor of the media file. In another embodiment, the media file identifier identifies a site on a network from which an associated media file may be streamed]: (i) playlists of audio tracks curated by the first cloud service, wherein the playlists of audio tracks comprise (i) a first curated playlist comprising first identifiers representing respective sources of first audio tracks at one or more servers of a second cloud service [see para. 0023-0040; a server that distributes data for collaborative playlist creation, the server comprising a communications software module that establishes communication with a first user at a first computing device and a second user at a second computing device and a data distribution software module that receives a first data set associated with a first media file from the first computing device and transmits the first data set to the second computing device, the data distribution software module receiving a second data set associated with a second media file from a second computing device and transmitting the second data set to the first computing device so that the first computing device can identify the second media file to form a playlist that is essentially simultaneously viewed on the first computing device and the second computing device; which corresponds to GUI with playlist browsing and multi-source identifier] and (ii) a plurality of second curated playlists; and
receive input data representing a selection of the first curated playlist for playback from among the playlists of audio tracks [see para. 0045, 0059; the user can perform any of the above managing functions in any combination as the user desires. For example, once the playlist is generated, the user can delete tracks from the playlist, play the playlist, and then send the playlist to another user and a method for creating a collaborative playlist comprises establishing, via an instant messaging application, a communication between a first user at a first computing device and a second user at a second computing device, then displaying on each of the first computing device and the second computing device a playlist application accessible by both the first user and the second user for essentially simultaneous interaction by the users with a playlist creation tool for collaboratively creating a playlist usable to play media files and then accepting, via the playlist creation tool, a media file identifier selected by either one or both of the users for inclusion on the playlist so as to a collaboratively create the playlist; which corresponds to playlist usable to play media files on devices]; however, New fails to explicitly teach (ii) non-audio content according to the input data, execute a second application, wherein, while executing, the second application causes the first curated playlist to be played back on a playback device.
Hawkins discloses (ii) non-audio content [news, article ] according to the input data, execute a second application, wherein, while executing, the second application causes the first curated playlist to be played back on a playback device [see para. 0066, 0067; One or more instances provide multiple audio streams simultaneously along with any given video content such that audio in different languages may be received simultaneously with the video and each other by multiple receiver/decoder devices that allow the selection and playback of one of the audio streams provided, an entity such as a cable multiple system operator (MSO) facilitates download, installation, and launch of a suitable audio reception, selection and playback application by the customer onto his or her PMD. Upon launching the application, the user is prompted for his or her language preference among the audio available within the content; which corresponds to the playback device streams the audio tracks from the sources during playback of the first curated playlist].
It would have been obvious to one of an ordinary skill in the art, having the teachings of New and Hawkins before the affective filing date of the claimed invention to modify New’s first application GUI and multi-source playlist system to incorporate non-audio content and the second application execution for device streaming, as taught by Hawkins, with a reasonable expectation of success. One would have been motivated to make such a combination in order to create and engaging curated media platform by combining known playlist curation techniques and modern streaming flow.
Regarding claims 2 and 12, Hawkins discloses wherein the non-audio content comprise at least one of (i) news articles, (ii) interviews; and (iii) opinion articles [see para. 0071; allow one to watch video content in a preferred language without disturbing others allow content distributors to target and provide culturally preferred advertising and similar data. In another aspect, personalized closed captioning can be provided in some cases, as well as subtitles that are selectable on a language or enhanced feature basis].
Regarding claims 3 and 13, Hawkins discloses wherein the program instructions that are executable by the at least one processor such that the computing device is configured to execute the second application comprise program instructions that are executable by the at least one processor such that the computing device is configured to: cause the second application to send data representing the first curated playlist to the playback device, wherein the playback device streams the first audio tracks of the first curated playlist from the respective sources of the first audio tracks at the one or more servers during playback of the first curated playlist [see para. 0066, 0067; One or more instances provide multiple audio streams simultaneously along with any given video content such that audio in different languages may be received simultaneously with the video and each other by multiple receiver/decoder devices that allow the selection and playback of one of the audio streams provided, an entity such as a cable multiple system operator (MSO) facilitates download, installation, and launch of a suitable audio reception, selection and playback application by the customer onto his or her PMD. Upon launching the application, the user is prompted for his or her language preference among the audio available within the content; which corresponds to the playback device streams the audio tracks from the sources during playback of the first curated playlist].
Regarding claims 4 and 14, New discloses wherein the first curated playlist further comprises second identifiers representing respective sources of second audio tracks of a third cloud service [see para. 0085; the content may an artist, album, track, or genre, era, or release date. Specifically, when the user highlights the media file identifier(s) and selects the relatedness tool, the tool queries whether the user wants media file(s) that is similar or dissimilar to the highlighted content. In further embodiments, the user can select queries for media files and/or media file identifiers based on different scales of relatedness. For example, the scale of relatedness can be based on multiple levels of similarity and dissimilarity. Once the user responds, the relatedness tool acts on the input and populates the dedicated pane with the appropriate media files and/or media file identifiers, the relatedness tool may populate the playlist workspace pane from various sources such as the user's local media library, on an on-demand streaming media, another user's media library, a network, the internet, or any other source of content that the user has access to. Thus, the relatedness tool allows the user to automatically and quickly expand the potential media files and/or media file identifiers used for the collaborative playlist].
Regarding claims 5 and 15, New discloses wherein the program instructions that are executable by the at least one processor such that the computing device is configured to execute the second application comprise program instructions that are executable by the at least one processor such that the computing device is configured to: display an indication of the second application concurrently with a graphical representation of the first curated playlist, wherein the indication of the second application indicates that the second application provides access to the second cloud service [see para. 0070; the user sends a message to another user's instant messaging program user interface which includes a command to invoke the collaborative playlist application. Then, the environment server will download the requested application to another user's local instant messaging program user interface. At this point, both users will have the collaborative playlist application loaded on their respective computing devices, the collaborative playlist application will be loaded in its initial state onto each user's instant messaging user interface. Thus, once the collaborative playlist application is loaded onto each user's computing device, the users can begin to collaboratively build a playlist using the collaborative playlist application's user interface].
Regarding claim 6 , New discloses wherein the second cloud service comprises a streaming audio service that provides a library of streamable audio tracks [see para. 0078; the user may want to search solely from an on-demand streaming media service that can provide the user access to tens of thousands of media files and/or media file identifiers. Furthermore, the user may want to search from a mixture of two or more sources such as local media library and on-demand streaming service. Moreover, a user may want to only create a collaborative playlist with the other participating user's media library].
Regarding claims 7 and 16; Hawkins discloses wherein the second cloud service comprises a streaming audio service that provides customizable Internet radio stations [see para. 0067; a cable multiple system operator (MSO) facilitates download, installation, and launch of a suitable audio reception, selection and playback application by the customer onto his or her PMD. Upon launching the application, the user is prompted for his or her language preference among the audio available within the content. Once selected, the PMD connects to the proper audio stream for that particular language (or even an enhanced "director's commentary" audio program). The PMD software and hardware combination then receives, decodes, and presents the audio to the user connected via that particular PMD. Multicast synchronization is preferably implemented to ensure that the video and all audio streams are in sync with each other].
Regarding claims 8 and 17, New discloses wherein the program instructions that are executable by the at least one processor such that the computing device is configured to execute the second application comprise program instructions that are executable by the at least one processor such that the computing device is configured to: display an indication of the second application concurrently with a graphical representation of a media playback system that comprises the playback device [see para. 0034; the media file identifier is a pointer. In another embodiment, the media file identifier is a uniform resource locator. In another embodiment, the media file identifier is user-defined. The media file identifier is server-defined. In another embodiment, the media file identifier is a genre. In another embodiment, the media file identifier indicates the identity of the contributor of the media file, the media file identifier is associated with a media file, the media file being acquired from either streaming the media file to the user, downloading the media file to the user's computing device from a remote database of media files, or locating the media file on either the first user's computing device or the second user's computing device].
Hawkins discloses wherein the indication of the second application indicates that the second application provides control of the media playback system [see para. 0066-0067; One or more instances provide multiple audio streams simultaneously along with any given video content such that audio in different languages may be received simultaneously with the video and each other by multiple receiver/decoder devices that allow the selection and playback of one of the audio streams provided, an entity such as a cable multiple system operator (MSO) facilitates download, installation, and launch of a suitable audio reception, selection and playback application by the customer onto his or her PMD. Upon launching the application, the user is prompted for his or her language preference among the audio available within the content].
It would have been obvious to one of an ordinary skill in the art, having the teachings of New and Hawkins before the affective filing date of the claimed invention to modify New’s first application GUI and multi-source playlist system to incorporate non-audio content and the second application execution for device streaming, as taught by Hawkins, with a reasonable expectation of success. One would have been motivated to make such a combination in order to create and engaging curated media platform by combining known playlist curation techniques and modern streaming flow.
Regarding claims 8 and 18, New discloses wherein the program instructions that are executable by the at least one processor such that the computing device is configured to execute the second application comprise program instructions that are executable by the at least one processor such that the computing device is configured to: execute the second application via a URL registered to the second application with an operating system of the computing device [see para. 0085; the content may an artist, album, track, or genre, era, or release date, or any combination thereof. Specifically, when the user highlights the media file identifier(s) and selects the relatedness tool, the tool queries whether the user wants media file(s) that is similar or dissimilar to the highlighted content, the user can select queries for media files and/or media file identifiers based on different scales of relatedness. For example, the scale of relatedness can be based on multiple levels of similarity and dissimilarity. Once the user responds, the relatedness tool acts on the input and populates the dedicated pane with the appropriate media files and/or media file identifiers. The relatedness tool may populate the playlist workspace pane from various sources such as the user's local media library, on an on-demand streaming media, another user's media library, a network, the internet, or any other source of content that the user has access to. Thus, the relatedness tool allows the user to automatically and quickly expand the potential media files and/or media file identifiers used for the collaborative playlist].
Regarding claims 10 and 19, New discloses wherein the program instructions that are executable by the at least one processor such that the computing device is configured to execute the second application comprise program instructions that are executable by the at least one processor such that the computing device is configured to: download the second application from a third cloud service [see para. 0028, 0070; the second media file is identified by downloading the media file from the server, the second media file is identified by streaming the second media file from the server. In another embodiment, the second media file is identified by obtaining the media file from local memory in the remote computing device].
Regarding claim 11, New discloses a computing device comprising: a graphical display; a network interface; at least one processor [see figures 2, 8]; and
at least one non-transitory computer-readable medium comprising program instructions that are executable by at least one processor such that a computing device is configured to [see para. 0098; a media management program to launch and save the playlist to a memory of that particular user's computing device. These functions could also be implemented by the software application itself]:
display via a graphical user interface of a first application [the playlist creation tool], graphical representations of digital content provided by a first cloud service, wherein the digital content provided by the first cloud service comprises [see para. 0011; the media file identifier is server-defined, the media file identifier is a genre. In another embodiment, the media file identifier indicates the identity of the contributor of the media file. In another embodiment, the media file identifier identifies a site on a network from which an associated media file may be streamed]: (i) playlists of audio tracks curated by the first cloud service, wherein the playlists of audio tracks comprise (i) a first curated playlist comprising first identifiers representing respective sources of first audio tracks at one or more servers of a second cloud service [see para. 0023-0040; a server that distributes data for collaborative playlist creation, the server comprising a communications software module that establishes communication with a first user at a first computing device and a second user at a second computing device and a data distribution software module that receives a first data set associated with a first media file from the first computing device and transmits the first data set to the second computing device, the data distribution software module receiving a second data set associated with a second media file from a second computing device and transmitting the second data set to the first computing device so that the first computing device can identify the second media file to form a playlist that is essentially simultaneously viewed on the first computing device and the second computing device; which corresponds to GUI with playlist browsing and multi-source identifier] and (ii) a plurality of second curated playlists; and
receive input data representing a selection of the first curated playlist for playback from among the playlists of audio tracks [see para. 0045, 0059; the user can perform any of the above managing functions in any combination as the user desires. For example, once the playlist is generated, the user can delete tracks from the playlist, play the playlist, and then send the playlist to another user and a method for creating a collaborative playlist comprises establishing, via an instant messaging application, a communication between a first user at a first computing device and a second user at a second computing device, then displaying on each of the first computing device and the second computing device a playlist application accessible by both the first user and the second user for essentially simultaneous interaction by the users with a playlist creation tool for collaboratively creating a playlist usable to play media files and then accepting, via the playlist creation tool, a media file identifier selected by either one or both of the users for inclusion on the playlist so as to a collaboratively create the playlist; which corresponds to playlist usable to play media files on devices]; however, New fails to explicitly teach (ii) non-audio content according to the input data, execute a second application, wherein, while executing, the second application causes the first curated playlist to be played back on a playback device.
Hawkins discloses (ii) non-audio content [news, article ] according to the input data, execute a second application, wherein, while executing, the second application causes the first curated playlist to be played back on a playback device [see para. 0066, 0067; One or more instances provide multiple audio streams simultaneously along with any given video content such that audio in different languages may be received simultaneously with the video and each other by multiple receiver/decoder devices that allow the selection and playback of one of the audio streams provided, an entity such as a cable multiple system operator (MSO) facilitates download, installation, and launch of a suitable audio reception, selection and playback application by the customer onto his or her PMD. Upon launching the application, the user is prompted for his or her language preference among the audio available within the content; which corresponds to the playback device streams the audio tracks from the sources during playback of the first curated playlist].
It would have been obvious to one of an ordinary skill in the art, having the teachings of New and Hawkins before the affective filing date of the claimed invention to modify New’s first application GUI and multi-source playlist system to incorporate non-audio content and the second application execution for device streaming, as taught by Hawkins, with a reasonable expectation of success. One would have been motivated to make such a combination in order to create and engaging curated media platform by combining known playlist curation techniques and modern streaming flow.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure (See PTO-892).
Eckerdal et al. (US 11,722,539) discloses a system and method for client-initiated playlist shuffle in a media content environment. A shuffle logic is configured to provide a shuffle order for a plurality of media content items, including associating each media content item with a placement interval within which the media content item can be placed, and a weight that determines the average position of the placement interval; associating each media content item with a random value that indicates a random offset or position within its placement interval; calculating an ordering score for each media content item based on its weight plus its random offset into its placement interval; collecting indications for the plurality of media content item that reflect their ordering scores; and placing the plurality of media content items into the shuffle order, for subsequent playback by a media device.
A reference to specific paragraphs, columns, pages, or figures in a cited prior art reference is not limited to preferred embodiments or any specific examples. It is well settled that a prior art reference, in its entirety, must be considered for all that it expressly teaches and fairly suggests to one having ordinary skill in the art. Stated differently, a prior art disclosure reading on a limitation of Applicant's claim cannot be ignored on the ground that other embodiments disclosed were instead cited. Therefore, the Examiner's citation to a specific portion of a single prior art reference is not intended to exclusively dictate, but rather, to demonstrate an exemplary disclosure commensurate with the specific limitations being addressed. In re Heck, 699 F.2d 1331, 1332-33,216 USPQ 1038, 1039 (Fed. Cir. 1983) (quoting In re Lemelson, 397 F.2d 1006,1009, 158 USPQ 275, 277 (CCPA 1968)). In re: Upsher-Smith Labs. v. Pamlab, LLC, 412 F.3d 1319, 1323, 75 USPQ2d 1213, 1215 (Fed. Cir. 2005); In re Fritch, 972 F.2d 1260, 1264, 23 USPQ2d 1780, 1782 (Fed. Cir. 1992); Merck & Co. v. Biocraft Labs., Inc., 874 F.2d 804, 807, 10 USPQ2d 1843, 1846 (Fed. Cir. 1989); In re Fracalossi, 681 F.2d 792,794 n.1,215 USPQ 569, 570 n.1 (CCPA 1982); In re Lamberti, 545 F.2d 747, 750, 192 USPQ 278, 280 (CCPA 1976); In re Bozek, 416 F.2d 1385, 1390, 163 USPQ 545, 549 (CCPA 1969).
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/CAO H NGUYEN/Primary Examiner, Art Unit 2171
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