DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 2/12/2026 has been entered.
Status of Claims
Claims 1-20 are pending of which claims 1 and 12 are in independent form.
Claims 1-20 are rejected under 35 U.S.C. 101.
Claims 1-20 are rejected under 35 U.S.C. 103.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Regarding the 35 USC 101 (Abstract Idea), remarks made by the applicant.
Examiner specifies that, the newly added amendments do not overcome the 35 USC 101 rejection.
With respect to step 2A, Prong One:
The claims recite:
Receiving broadcast metadata (NPD) about an audio item.
Sending the NPD from a radio head unit to remote user device.
Running an interactive radio application on the user device.
Transmitting a synchronization content request including NPD to a synchronized server.
The synchronization server identifying a related content file.
Transmitting the content file to the user device while the audio is playing.
Displaying or playing the content file on the user device.
Displaying visual indicators associated with the content.
Allowing the user to select the indicator and send command to server.
Executing an action associated with the content file.
These steps fall into collecting information (radio broadcast data and NPD information), transmitting and synchronizing information (between devices), identifying content and indicators, and receiving user input and executing actions. which are all considered abstract.
The claims fall into:
Mental Process (identifying related content based on information);
Information Processing and Presentation (interactive media engagement and content delivery tied to broadcast; collecting data, transmitting it, retrieving associated content, and present it to user).
These operations merely describe generic data synchronization and content retrieval workflow. Nothing in the claim requires a new radio protocol, new hardware structure, improved communication technique, or any specific technological improvement.
The claims recite an abstract idea: information processing and synchronization of content between devices.
With respect to step 2A, Prong Two:
The claims are generic computer components preforming their routine functions. The claims recite:
Radio head unit
User device
Synchronization server
Wireless telecom connection
Application program.
However, these elements:
A generic computing and networking component,
Perform routine communication and data processing function,
Merely implements the abstract idea on a standard device.
The claims do not:
Improve radio broadcast technology,
Improve wireless networking,
Improve synchronization protocol,
Improve computer functionality.
The recited components merely perform exchanging information and displaying applications. Therefore, the claims do not integrate the abstract idea into a practical application.
The recited components perform their generic/ordinary, expected functions, which is considered insufficient. These claims are merely functional software components performing generic task.
Therefore, the claims do not integrate the abstract idea into a practical application.
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 1-20 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.
The claim(s) recite(s) a radio broadcast content synchronization.
With respect to step 1 of the patent subject matter eligibility analysis, the claims are directed to a process, machine, manufacture, or composition of matter.
Independent Claim 1 is directed to a system, including one or more processors and one or more memories, which is a machine, and directed to one of the 4 categories of patent eligible subject matter.
Independent claim 10 is directed to a method, which is a process.
Independent Claim 18 is directed to a non-transitory computer readable medium, which is directed to one of the 4 categories of patent eligible subject matter.
All other claims depend on claims 1, 10 and 18. As such, claims 1-20 are directed to a statutory category.
With respect to step 2A, Prong One, prong one, the claims recite an abstract idea, law of nature, or natural phenomenon. Specifically, the following limitations recite mathematical concepts and/or mental processes and/or certain methods of organizing human activity.
The claims recite:
Receiving broadcast metadata (NPD) about an audio item.
Sending the NPD from a radio head unit to remote user device.
Running an interactive radio application on the user device.
Transmitting a synchronization content request including NPD to a synchronized server.
The synchronization server identifying a related content file.
Transmitting the content file to the user device while the audio is playing.
Displaying or playing the content file on the user device.
Displaying visual indicators associated with the content.
Allowing the user to select the indicator and send command to server.
Executing an action associated with the content file.
These steps fall into collecting information (radio broadcast data and NPD information), transmitting and synchronizing information (between devices), identifying content and indicators, and receiving user input and executing actions. which are all considered abstract.
The claims fall into:
Mental Process (identifying related content based on information);
Information Processing and Presentation (interactive media engagement and content delivery tied to broadcast; collecting data, transmitting it, retrieving associated content, and present it to user).
These operations merely describe generic data synchronization and content retrieval workflow. Nothing in the claim requires a new radio protocol, new hardware structure, improved communication technique, or any specific technological improvement.
The claims recite an abstract idea: information processing and synchronization of content between devices.
With respect to step 2A, Prong Two, prong two, the claims do not recite additional elements that integrate the judicial exception into a practical application. The following limitations are considered “additional elements” and explanation will be given as to why these “additional elements” do not integrate the judicial exception into a practical application.
The claims are generic computer components preforming their routine functions. The claims recite:
Radio head unit
User device
Synchronization server
Wireless telecom connection
Application program.
However, these elements:
A generic computing and networking component,
Perform routine communication and data processing function,
Merely implements the abstract idea on a standard device.
The claims do not:
Improve radio broadcast technology,
Improve wireless networking,
Improve synchronization protocol,
Improve computer functionality.
The recited components merely perform exchanging information and displaying applications. Therefore, the claims do not integrate the abstract idea into a practical application.
The recited components perform their generic/ordinary, expected functions, which is considered insufficient. These claims are merely functional software components performing generic task.
Therefore, the claims do not integrate the abstract idea into a practical application.
With respect to Step 2B. The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. The additional limitations are directed to a computer readable storage medium, computer, memory, and processor, at a very high level of generality and without imposing meaningful limitations on the scope of the claim.
The additional elements (radio head unit, user device, synchronization server, wireless connection, application program): are all well understood, routine, and conventional components; perform their ordinary functions of communication, processing, display, which does not amount to significantly more than the abstract idea and is not enough to transform an abstract idea into eligible subject matter. There is no: unconventional data structure; specialized synchronization mechanism; technical improvement to radio broadcasting; improvement to computing architecture.
Such generic, high‐level, and nominal involvement of a computer or computer‐based elements for carrying out the invention merely serves to tie the abstract idea to a particular technological environment, which is not enough to render the claims patent‐eligible, as noted at pg.74624 of Federal Register/Vol. 79, No. 241, citing Alice, which in turn cites Mayo. Further, See, e.g., Alice Corp. Pty. Ltd. v. CLS Bank Int'l, 134 S. Ct. 2347, 2359‐60, 110 USPQ2d 1976, 1984 (2014). See also OIP Techs. v. Amazon.com, 788 F.3d 1359, 1364, 115 USPQ2d 1090, 1093‐94 (Fed. Cir. 2015) ("Just as Diehr could not save the claims in Alice, which were directed to 'implement[ing] the abstract idea of intermediated settlement on a generic computer', it cannot save O/P's claims directed to implementing the abstract idea of price optimization on a generic computer.") (citations omitted). See also, Affinity Labs of Texas LLC v. DirecTV LLC, 838 F.3d 1253, 1257‐1258 (Fed. Cir. 2016) (mere recitation of a GUI does not make a claimpatent‐eligible); Intellectual Ventures I LLC v. Capital One Bank, 792 F.3d 1363, 1370 (Fed. Cir. 2015) ("the interactive interface limitation is a generic computer element".).
The additional elements are broadly applied to the abstract idea at a high level of generality ("similar to how the recitation of the computer in the claims in Alice amounted to mere instructions to apply the abstract idea of intermediated settlement on a generic computer,") as explained in MPEP § 2106.05(f)) and they operate in a well‐understood, routine, and conventional manner.
MPEP § 2106.0S(d)(II) sets forth the following:
The courts have recognized the following computer functions as well-understood, routine, and conventional functions when they are claimed in a merely generic manner (e.g., at a high level of generality) or as insignificant extra-solution activity.
• Receiving or transmitting data over a network, e.g., using the Internet to gather data, Symantec ... ; TLI Communications LLC v. AV Auto. LLC ... ; OIP Techs., Inc., v. Amazon.com, Inc ... ; buySAFE, Inc. v. Google, Inc ... ;
• Performing repetitive calculations, Flook ... ; Bancorp Services v. Sun Life ... ;
• Electronic recordkeeping, Alice Corp ... ; Ultramercial ... ;
• Storing and retrieving information in memory, Versata Dev. Group, Inc. v. SAP Am., Inc ... ;
• Electronically scanning or extracting data from a physical document, Content Extraction and Transmission, LLC v. Wells Fargo Bank ... ; and
• A web browser's back and forward button functionality, Internet Patent
• Corp. v. Active Network, Inc. ...
. . . Courts have held computer-implemented processes not to be significantly more than an abstract idea (and thus ineligible) where the claim as a whole amounts to nothing more than generic computer functions merely used to implement an abstract idea, such as an idea that could be done by a human analog (i.e., by hand or by merely thinking).
In addition, when taken as an ordered combination, the ordered combination adds nothing that is not already present as when the elements are taken individually. There is no indication that the combination of elements integrate the abstract idea into a practical application. Their collective functions merely provide conventional computer implementation. Therefore, when viewed as a whole, these additional claim elements do not provide meaningful limitations to transform the abstract idea into a practical application of the abstract idea or that the ordered combination amounts to significantly more than the abstract idea itself.
The dependent claims have been fully considered as well, however, similar to the findings for claims above, these claims are similarly directed to the “Mental Processes” grouping of abstract ideas set forth in the 2019 PEG, without integrating it into a practical application and with, at most, a general purpose computer that serves to tie the idea to a particular technological environment, which does not add significantly more to the claims. The ordered combination of elements in the dependent claims (including the limitations inherited from the parent claim(s)) add nothing that is not already present as when the elements are taken individually. There is no indication that the combination of elements improves the functioning of a computer or improves any other technology. Their collective functions merely provide conventional computer implementation. Accordingly, the subject matter encompassed by the dependent claims fails to amount to significantly more than the abstract idea.
Regarding claim 2:
The claim recites: voice interface to voice commands.
Voice input is merely an alternative form of user interaction and is considered a generic computer function. Therefore, the claim is considered abstract and does not add technological improvements.
Regarding claim 3:
The claim recites: application program running independently of a car stereo.
This merely states the application can run without another device, this is a usage condition and does not add a technical improvement and therefore considered abstract.
Regarding claim 4:
The claim recites: downloadable and executable application by a smartphone.
This is a generic implementation on a smartphone and use of display is conventional. Therefore, the claim is considered abstract and does not add technological improvements.
Regarding claim 5:
The claim recites: user device is mobile device or vehicle head unit.
Limiting an abstract idea to a particular generic hardware does not make it non-abstract. Therefore, the claim is considered abstract and does not add technological improvements.
Regarding claims 6, 15 and 16:
The claim recites: NPD identifies a song; content includes lyrics, pictures, artist info.
This merely specifies the “type of data” being displayed.
Therefore, the claim is considered abstract and does not add technological improvements.
Regarding claims 7, 17 and 18:
The claim recites: NPD identifies an ad; including coupons/product info.
This is purely informational and commercial content selection, which is clearly abstract and does not add technological improvements.
Regarding claims 8, 15 and 18:
The claim recites: NPD identifies an MC/announcer; including quiz/contest info.
This is simply another form of information matching and presentation.
Therefore, the claim is considered abstract and does not add technological improvements.
Regarding claim 9:
The claim recites: user device is a smartphone.
Reciting a smartphone is generic machine performing expected functions, there is NO inventive concept.
Therefore, the claim is considered abstract and does not add technological improvements.
Regarding claim 10:
The claim recites: smartphone configured to communicate with radio/head unit to provide content file.
Generic communication between known devices is routine. No specialized protocol and technological improvement have been introduced.
Regarding claim 11:
The claim recites: intergrading NPD and selected content and displaying it on the head unit.
This is simply combining two pieces of information on a display is still information presentation, which is abstract.
Therefore, the claim is considered abstract and does not add technological improvements.
Regarding claim 13:
The claim recites: content file includes media appearance, breaking news, album release info, POS info.
This simply specifies the types of information included in the content file. Limiting an abstract idea to a particular information content does not make eligible.
Therefore, the claim is considered abstract and does not add technological improvements.
Regarding claim 14:
The claim recites: synchronization server does not include and does not connect to a radio receiver.
This is a negative limitation describing what generic server hardware does not include. This imposes no technological improvement and simply recites an architectural choice for conventional server.
Therefore, the claim is considered abstract and does not add technological improvements.
Regarding claim 19:
The claim recites: user request for additional info, sending request, and receiving a response from the server.
This is standard client server exchange considered routine and conventional.
Therefore, the claim is considered abstract and does not add technological improvements.
Regarding claim 20:
The claim recites: synchronization server selecting content file via digital network and not over the air.
This is merely reciting generic digital network connection compared to over the air transmission, which is routine and conventional.
Therefore, the claim is considered abstract and does not add technological improvements (conventional networking function).
Claim Rejections - 35 USC § 103
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made.
Claims 1, 5-9, 11-17, 19 and 20 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Sharma; Sridar G. et al. (US 20110202270 A1) [Sharma] in view of Devore; Harry Lee et al. (US 20090215416 A1) [Devore] in view of MacNeille; Perry Robinson et al. (US 20140279021 A1) [MacNeille].
Regarding claims 1 and 12, Sharma discloses, a system comprising: a radio head unit configured to receive radio broadcast information being broadcast by a source in an over the air radio broadcast, the radio broadcast information comprising an audio item currently playing and now playing data (“NPD”) that identifies the audio item currently playing (Existing user-interface for IBOC /FM radios allow users to browse through frequencies to access content from different radio stations. As metadata information about the radio station (station logo, slogan, service information) and its contents (program type etc) are available at the receiver for each radio station for IBOC receivers, a new radio-user-interface can be designed which will allow users to browse through the contents based on the content type rather than frequencies. Users need not remember the frequencies, rather they would access contents based on its type. This is very similar to the service-based interface in DAB radios where the frequency information is hidden from the user. Also on DAB and IBOC, it is possible to display what is currently playing on different stations. In the case of a dual tuner application the update can happen frequently because the secondary tuner can be utilized to do this scan while the primary tuner is used for playing audio. In a single tuner solution the scan for what's playing is initiated when the user is not listening to the radio. The first thing, the radio will do after powering on is to scan through all the available frequencies and generate the list of all the available content for the user to browse through. Information from RDS channel can be used for stations which are not HD. Frequency information can be used as a last resort for stations which do not support IBOC or RDS ¶ [0208]-[0210]. Also see Fig. 1 and 11. Also see radio receiver ¶ [0016], [0056]);
an interactive radio application program on the user device [that is remote from the radio head unit, the user device] having a user interface including a display screen, wherein the user device does not receive the over the air broadcast, the user device having a user device data communication interface and being configured to receive the data transmission from the radio head unit, the data transmission comprising the NPD so that the interactive radio application program receives the NPD (FIG. 1 is a high level functional diagram showing the basic architecture and flow of information in a system employing a basic embodiment of the apparatus and process. Existing audio and video broadcast content or advertisement content that is broadcast today (either over radio frequency channels according to the various audio and video terrestrial, satellite and cable standards) can be augmented with metadata transmitted on a digital sub channel and intended to be displayed on the screen of the device having the receiver receiving the broadcast. This metadata can be any digital data such as web pages, advertisements, images, video clips, coupons, etc. and maybe related to the broadcast subject matter, but need not always be related. Broadcasters can derive revenue if a viewer of the broadcast seems something in the metadata that interests him or her and clicks on it and that "click event" is sent upstream ¶ [0038]-[0039]. Also see ¶ [0044]. Information collected from the metadata usually includes (but not limited to) song name, artist name, album name, book name or service name ¶ [0086]);
at least one of hardware means and software means that receives the synchronizes content request from the user device [and provides the NPD to the synchronization server] (The hardware and software used to carry out the genus of processes represented by FIG. 2 include the collection of equipment that is used to broadcast at a radio or TV broadcaster, and is represented by block 100 in FIG. 1 ¶ [0040]. Also see ¶ [0056], [0062]);
identifying a content file related to the NPD (Existing audio and video broadcast content or advertisement content that is broadcast today (either over radio frequency channels according to the various audio and video terrestrial, satellite and cable standards) can be augmented with metadata transmitted on a digital sub channel and intended to be displayed on the screen of the device having the receiver receiving the broadcast. This metadata can be any digital data such as web pages, advertisements, images, video clips, coupons, etc. and maybe related to the broadcast subject matter, but need not always be related. Broadcasters can derive revenue if a viewer of the broadcast seems something in the metadata that interests him or her and clicks on it and that "click event" is sent upstream ¶ [0038]-[0044]. In creating the web service request, the client application collects the data it needs for the request from data about the user it has stored in memory and from the metadata. Information collected from the metadata usually includes (but not limited to) song name, artist name, album name, book name or service name. This information is used to communicate with a web server. The web service request communications are constructed using the standard SOAP or REST protocols in most embodiments ¶ [0086], [0088], [0090]);
transmit, via a wireless telecom data connection, the content file to the user device while the audio item is playing over the air (For example, in one embodiment, the capture device 102 will determine the current frequency setting of the receiver 100, as well as the RDBS (Radio Broadcast Data System) data broadcasted at that frequency. The portable capture device 102 stores this information in an internal memory. The information fields provided by the RDBS may include, for example, clock time, a unique station identifier (with country code prefix), program type, "radio text" (free form text message), etc. In some cases, the radio text may identify a current music track while it is played. Which fields are decoded will vary from one receiver to another. In some cases, a music track (song) identifier is provided in the RDBS data ¶ [0037]. Shown is a digital broadcast receiver since most embodiments employ digital broadcast as the downstream, but the invention can be applied in analog broadcasts if the analog broadcast signal can be modified to embody a digital downstream subchannel or already has a digital downstream subchannel. Examples of this would be Digital subcarrier added to Analog FM referred to in the claims as FM+RBDS /RDS. This is equally applicable to a protocol which uses any digital FM subcarrier system ¶ [0056], [0210]. See Fig. 7, Synchronization Channel 31);
wherein in response to the user device receiving the content file, the interactive radio application program is configured to cause the user device to display, play, or allow the user to display or play the content file received from the synchronization server while the audio item is playing in the over the air radio broadcast, and wherein the content file is configured to cause the user device display screen to display at least one visual indicator on the user device display screen, and the interactive radio application program is configured to cause the user device to send a command back to the synchronization server, responsive to a user interface selection of the visual indicator, to execute a corresponding action associated with the content file (The devices are controlled to display or playback advertisements, images etc. in the metadata, detect click events indicating interest by a user in something in the metadata and communicate that click event upstream over a full time or part time internet or an SMS data path connection. Upstream communications to implement user interest such as visit web pages, make a phone call, start an e-commerce transaction are implemented by the client devices [abstract]. The client application controls the Category 1-4 device by displaying a link, i.e., a URL of a webpage, to click or displaying a "buy" or "call" or "more info" button which, when selected by the user of the device, initiates a buy order or starts a phone call or initiates an inquiry for more information to an entity who sells a product or service or which can provide more information ¶ [0046]. Also see ¶ [0074], [0076], [0078]. FIG. 1 is a high level functional diagram showing the basic architecture and flow of information in a system employing a basic embodiment of the apparatus and process. Existing audio and video broadcast content or advertisement content that is broadcast today (either over radio frequency channels according to the various audio and video terrestrial, satellite and cable standards) can be augmented with metadata transmitted on a digital sub channel and intended to be displayed on the screen of the device having the receiver receiving the broadcast. This metadata can be any digital data such as web pages, advertisements, images, video clips, coupons, etc. and maybe related to the broadcast subject matter, but need not always be related. Broadcasters can derive revenue if a viewer of the broadcast seems something in the metadata that interests him or her and clicks on it and that "click event" is sent upstream ¶ [0038]-[0039]. Also see ¶ [0044]. Information collected from the metadata usually includes (but not limited to) song name, artist name, album name, book name or service name ¶ [0086]).
However Sharma noes not explicitly facilitates the interactive application program enabling the user device to transmit a synchronization content request to a synchronization server, the synchronization content request including at least the NPD; and provides the NPD to the synchronization server; wherein the synchronization server is configured to, in response to the synchronization content request from the user device, wherein the synchronization server is configured to execute the action responsive to the command.
Devore discloses, the interactive application program enabling the user device (A synchronization server receives requests for information about content being broadcasted, such as a song being broadcasted by a radio station. The request can be issued by a listener of the radio station using his or her cellular telephone, a portable communications device, or a local computer [Abstract]. Also see ¶ [0008], [0015]-[0018], [0028], [0029]) to transmit a synchronization content request to a synchronization server, the synchronization content request including at least the NPD (A synchronization server receives requests for information about content being broadcasted, such as a song being broadcasted by a radio station [Abstract]. A synchronization server is provided for receiving requests for information about content being broadcasted, such as a song being broadcasted by a radio station.…. In response to the request, information is provided to the user's cellular telephone or portable communications device, which contains the song title, artist name, and album name. Optionally, the synchronization server could "tag" the song by storing information about the song in an account created at the synchronization server, for later access by the listener. Information about the song is then transmitted to the listener by way of a web page, whereupon the user can perform other tasks associated with the song, such as obtaining lyrics to the song, ordering tickets to events by the artist of the song, downloading ring tones, downloading the song, accessing a streamed version of the song, etc. ¶ [0008]. Also see ¶ [0015]-[0018], [0028] and [0029]. Also see Fig. 1, element 12);
and provides the NPD to the synchronization server (A synchronization server receives requests for information about content being broadcasted, such as a song being broadcasted by a radio station [Abstract]. A synchronization server is provided for receiving requests for information about content being broadcasted, such as a song being broadcasted by a radio station.…. In response to the request, information is provided to the user's cellular telephone or portable communications device, which contains the song title, artist name, and album name. Optionally, the synchronization server could "tag" the song by storing information about the song in an account created at the synchronization server, for later access by the listener. Information about the song is then transmitted to the listener by way of a web page, whereupon the user can perform other tasks associated with the song, such as obtaining lyrics to the song, ordering tickets to events by the artist of the song, downloading ring tones, downloading the song, accessing a streamed version of the song, etc. ¶ [0008]. Also see ¶ [0015]-[0018], [0028] and [0029]. Also see Fig. 1, element 12);
wherein the synchronization server is configured to, in response to the synchronization content request from the user device (A synchronization server receives requests for information about content being broadcasted, such as a song being broadcasted by a radio station [Abstract]. A synchronization server is provided for receiving requests for information about content being broadcasted, such as a song being broadcasted by a radio station.…. In response to the request, information is provided to the user's cellular telephone or portable communications device, which contains the song title, artist name, and album name. Optionally, the synchronization server could "tag" the song by storing information about the song in an account created at the synchronization server, for later access by the listener. Information about the song is then transmitted to the listener by way of a web page, whereupon the user can perform other tasks associated with the song, such as obtaining lyrics to the song, ordering tickets to events by the artist of the song, downloading ring tones, downloading the song, accessing a streamed version of the song, etc. ¶ [0008]. Also see ¶ [0015]-[0018], [0028] and [0029]. Also see Fig. 1, element 12);
wherein the synchronization server is configured to execute the action responsive to the command (FIG. 2 is a flowchart showing processing steps, indicated generally at 30, according to the present invention for handling requests for information about content. The processing steps 30 could be embodied as one or more software programs/modules which are programmed into and executed by the synchronization server 12 of FIG. 1).
It would have been obvious to one ordinary skilled in the art at the time of the present invention to combine the teachings of the cited references because Devore's system would have allowed Sharma to facilitates the interactive application program enabling the user device to transmit a synchronization content request to a synchronization server, the synchronization content request including at least the NPD; and provides the NPD to the synchronization server; wherein the synchronization server is configured to, in response to the synchronization content request from the user device, wherein the synchronization server is configured to execute the action responsive to the command. The motivation to combine is apparent in the Sharma’s reference, because there a need to improve allowing a listener to view to information about a song currently being broadcasted by the radio station.
However, neither Sharma nor Devore explicitly facilitates the radio head unit having a head unit data communications interface configured to send a data transmission comprising the NPD to a user device that is remote from the radio head unit; that is remote from the radio head unit, the user device having a user interface including a display screen.
MacNeille discloses, the radio head unit having a head unit data communications interface configured to send a data transmission comprising the NPD to a user device that is remote from the radio head unit; that is remote from the radio head unit, the user device having a user interface including a display screen (In one illustrative embodiment, the system 1 uses the BLUETOOTH transceiver 15 to communicate 17 with a user's nomadic device 53 (e.g., cell phone, smart phone, PDA, or any other device having wireless remote network connectivity). The nomadic device can then be used to communicate 59 with a network 61 outside the vehicle 31 through, for example, communication 55 with a cellular tower 57. In some embodiments, tower 57 may be a WiFi access point ¶ [0021], [0042]. The mobile device may communicate to the vehicle computer system via a wireless and wired communication. Some examples of the different connections may be Bluetooth, Wi-Fi/Wi-Fi Direct, USB, Firewire, Serial Cable, etc. The vehicle computer system may include an application program interface, such as AppLink.TM. to leverage the HD application from a mobile device. Each application or station that is broadcasted from the mobile device may be validated by a policy server. The policy server may ensure that the app is entitled to run with the vehicle computer system. Furthermore, the app may request the policy server to check if each station and substation of the mobile app is permitted to be played under the payment plan of the mobile app. Once approved, the app may obtain the vehicle's VIN, the mobile device ID, and a key ID to store with the station ID. The app may play until a new station is selected, APPLINK signals the app to stop, the occupant terminates the app from the mobile device or vehicle, or the occupant leaves the car. A data record may be written with the VIN, key ID, station, and elapsed time. The mobile device may be configured to sync all the records that are transferred to an analysis engine and database in an off-board server. The broadcaster or advertisers billing agents may be able to use the analysis engine to determine from the vehicle, he mobile device ID, the Key ID, and the station ID which account to bill and which account to credit based on the amount of data transferred. Furthermore, the application may be validated for security as well. Once the HD radio mobile app is validated and running, the HD radio may be able to play over the vehicle speakers ¶ [0046], [0059]. Examiner specifies that Bluetooth is communication interface between the vehicle and the user cell phone, wherein the cell phones have GUI).
It would have been obvious to one ordinary skilled in the art at the time of the present invention to combine the teachings of the cited references because MacNeille's system would have allowed Sharma and Devore to facilitates facilitates the radio head unit having a head unit data communications interface configured to send a data transmission comprising the NPD to a user device that is remote from the radio head unit; that is remote from the radio head unit, the user device having a user interface including a display screen. The motivation to combine is apparent in the Sharma and Devore’s reference, because there a need to improve interaction with the product character in a variety of voice interactive applications provides the consumer user with ready and easy access to further product information, product purchasing capabilities, business contact information, updates on promotional products, and/or the like to facilitate the marketing, promoting and/or advertising of the business.
Regarding claim 5, the combination of Sharma, Devore and MacNeille discloses, wherein the interactive radio application program is deployed on a mobile device or in a vehicle head unit (Sharma: If test 234 determines that the call button was clicked, test 248 is performed to determine if the host device is a Cat 1 device such as a smart phone with an always on 3G or 4G internet connection or a device such as a computer with an always on internet connection or a data card which can be launched to establish an internet connection and with a voice over IP (VoIP) application like Skype.TM. or Google Voice.TM. installed and running. If test 248 determines the client application is running in a Cat 1 device, step 250 is performed to send a request to the phone function's API to initiate a phone call, and the number to call from the metadata is passed as an argument. This causes a phone call to be initiated on the cellular phone network. Steps 244 and 246 are then performed to send a click event upstream via the Internet, and end this line of processing and return to step 200 ¶ [0105]. Alsop see ¶ [0181], [0184]).
Regarding claims 6 and 15, the combination of Sharma, Devore and MacNeille discloses, wherein the NPD identifies a song now playing in the over the air radio broadcast, and the selected content file comprises one or more of lyrics, artist biography information, pictures, and concert information, associated with the identified song (Sharma: FIG. 1 is a high level functional diagram showing the basic architecture and flow of information in a system employing a basic embodiment of the apparatus and process. Existing audio and video broadcast content or advertisement content that is broadcast today (either over radio frequency channels according to the various audio and video terrestrial, satellite and cable standards) can be augmented with metadata transmitted on a digital sub channel and intended to be displayed on the screen of the device having the receiver receiving the broadcast. This metadata can be any digital data such as web pages, advertisements, images, video clips, coupons, etc. and maybe related to the broadcast subject matter, but need not always be related. Broadcasters can derive revenue if a viewer of the broadcast seems something in the metadata that interests him or her and clicks on it and that "click event" is sent upstream ¶ [0038]-[0039]. Also see ¶ [0044]. Information collected from the metadata usually includes (but not limited to) song name, artist name, album name, book name or service name ¶ [0086]. Also see ¶ [0046], [0049], [0051]-[0055]).
Regarding claims 7 and 17, the combination of Sharma, Devore and MacNeille discloses, wherein the NPD identifies an advertisement now playing in the over the air radio broadcast, and the selected content file comprises one or more of a coupons, pictures, product or service description associated with the product or service identified in the advertisement now playing (Sharma: FIG. 1 is a high level functional diagram showing the basic architecture and flow of information in a system employing a basic embodiment of the apparatus and process. Existing audio and video broadcast content or advertisement content that is broadcast today (either over radio frequency channels according to the various audio and video terrestrial, satellite and cable standards) can be augmented with metadata transmitted on a digital sub channel and intended to be displayed on the screen of the device having the receiver receiving the broadcast. This metadata can be any digital data such as web pages, advertisements, images, video clips, coupons, etc. and maybe related to the broadcast subject matter, but need not always be related. Broadcasters can derive revenue if a viewer of the broadcast seems something in the metadata that interests him or her and clicks on it and that "click event" is sent upstream ¶ [0038]-[0039]. Also see ¶ [0044]. Information collected from the metadata usually includes (but not limited to) song name, artist name, album name, book name or service name ¶ [0086]. Also see ¶ [0046], [0049], [0051]-[0055]).
Regarding claim 9, the combination of Sharma, Devore and MacNeille discloses, wherein the user device is a smart phone (Sharma: If test 234 determines that the call button was clicked, test 248 is performed to determine if the host device is a Cat 1 device such as a smart phone with an always on 3G or 4G internet connection or a device such as a computer with an always on internet connection or a data card which can be launched to establish an internet connection and with a voice over IP (VoIP) application like Skype.TM. or Google Voice.TM. installed and running. If test 248 determines the client application is running in a Cat 1 device, step 250 is performed to send a request to the phone function's API to initiate a phone call, and the number to call from the metadata is passed as an argument. This causes a phone call to be initiated on the cellular phone network. Steps 244 and 246 are then performed to send a click event upstream via the Internet, and end this line of processing and return to step 200 ¶ [0105]. Alsop see ¶ [0181], [0184]).
Regarding claim 11, the combination of Sharma, Devore and MacNeille discloses, wherein the interactive radio application program is configured to generate a screen display on the head unit that integrates identification of the audio item currently playing together with information contained in the selected content file received from the synchronization server (Devore: The Radio Data System (RDS) is a known technology which provides information about broadcasted content (such as a song title and artist information) on the display of a radio receiver (e.g., car stereo) as the content is being broadcasted. The RDS signal is provided by a broadcaster's transmitting equipment, and is decoded by the radio to display song and artist information ¶ [0006])
Regarding claim 13, the combination of Sharma, Devore and MacNeille discloses, wherein the selected content file includes one or more of information about a media appearance, breaking news, information about an album release, and point-of-sale information associated with the radio broadcast audio item currently playing (Sharma: FIG. 1 is a high level functional diagram showing the basic architecture and flow of information in a system employing a basic embodiment of the apparatus and process. Existing audio and video broadcast content or advertisement content that is broadcast today (either over radio frequency channels according to the various audio and video terrestrial, satellite and cable standards) can be augmented with metadata transmitted on a digital sub channel and intended to be displayed on the screen of the device having the receiver receiving the broadcast. This metadata can be any digital data such as web pages, advertisements, images, video clips, coupons, etc. and maybe related to the broadcast subject matter, but need not always be related. Broadcasters can derive revenue if a viewer of the broadcast seems something in the metadata that interests him or her and clicks on it and that "click event" is sent upstream ¶ [0038]-[0039]. Also see ¶ [0044]. Information collected from the metadata usually includes (but not limited to) song name, artist name, album name, book name or service name ¶ [0086]. Also see ¶ [0046], [0049], [0051]-[0055]).
Regarding claim 14, the combination of Sharma, Devore and MacNeille discloses, wherein the synchronization server does not include and does not connect to a radio receiver (Devore: A synchronization server receives requests for information about content being broadcasted, such as a song being broadcasted by a radio station [Abstract]. A synchronization server is provided for receiving requests for information about content being broadcasted, such as a song being broadcasted by a radio station.…. In response to the request, information is provided to the user's cellular telephone or portable communications device, which contains the song title, artist name, and album name. Optionally, the synchronization server could "tag" the song by storing information about the song in an account created at the synchronization server, for later access by the listener. Information about the song is then transmitted to the listener by way of a web page, whereupon the user can perform other tasks associated with the song, such as obtaining lyrics to the song, ordering tickets to events by the artist of the song, downloading ring tones, downloading the song, accessing a streamed version of the song, etc. ¶ [0008]. Also see ¶ [0015]-[0018], [0028] and [0029]. Also see Fig. 1).
Regarding claim 16, the combination of Sharma, Devore and MacNeille discloses, wherein the NPD identifies a song now playing and the synchronization server acquires the selected content file from a data source provided by an artist or a label associated with the song now playing (Devore: A synchronization server receives requests for information about content being broadcasted, such as a song being broadcasted by a radio station [Abstract]. A synchronization server is provided for receiving requests for information about content being broadcasted, such as a song being broadcasted by a radio station.…. In response to the request, information is provided to the user's cellular telephone or portable communications device, which contains the song title, artist name, and album name. Optionally, the synchronization server could "tag" the song by storing information about the song in an account created at the synchronization server, for later access by the listener. Information about the song is then transmitted to the listener by way of a web page, whereupon the user can perform other tasks associated with the song, such as obtaining lyrics to the song, ordering tickets to events by the artist of the song, downloading ring tones, downloading the song, accessing a streamed version of the song, etc. ¶ [0008]. Also see ¶ [0015]-[0018], [0028] and [0029]).
Regarding claims 8, the combination of Sharma, Devore and MacNeille discloses, wherein the NPD identifies an announcer now talking on a radio station, and the selected content file comprises one or more of a related question, choice, and contest information (Sharma: FIG. 1 is a high level functional diagram showing the basic architecture and flow of information in a system employing a basic embodiment of the apparatus and process. Existing audio and video broadcast content or advertisement content that is broadcast today (either over radio frequency channels according to the various audio and video terrestrial, satellite and cable standards) can be augmented with metadata transmitted on a digital sub channel and intended to be displayed on the screen of the device having the receiver receiving the broadcast. This metadata can be any digital data such as web pages, advertisements, images, video clips, coupons, etc. and maybe related to the broadcast subject matter, but need not always be related. Broadcasters can derive revenue if a viewer of the broadcast seems something in the metadata that interests him or her and clicks on it and that "click event" is sent upstream ¶ [0038]-[0039]. Also see ¶ [0044]. Information collected from the metadata usually includes (but not limited to) song name, artist name, album name, book name or service name ¶ [0086]. Also see ¶ [0046], [0049], [0051]-[0055]).
Regarding claim 19, the combination of Sharma, Devore and MacNeille discloses, receiving, at the interactive application program, a request input from the user interface for additional information associated with the radio broadcast audio item currently playing, and transmitting a request message to the synchronization server based on the request input; and transmitting the requested additional information from the synchronization server to the device through the interactive radio application program in response to the request (Sharma: For example, in one embodiment, the capture device 102 will determine the current frequency setting of the receiver 100, as well as the RDBS (Radio Broadcast Data System) data broadcasted at that frequency. The portable capture device 102 stores this information in an internal memory. The information fields provided by the RDBS may include, for example, clock time, a unique station identifier (with country code prefix), program type, "radio text" (free form text message), etc. In some cases, the radio text may identify a current music track while it is played. Which fields are decoded will vary from one receiver to another. In some cases, a music track (song) identifier is provided in the RDBS data ¶ [0037]. Existing audio and video broadcast content or advertisement content that is broadcast today (either over radio frequency channels according to the various audio and video terrestrial, satellite and cable standards) can be augmented with metadata transmitted on a digital sub channel and intended to be displayed on the screen of the device having the receiver receiving the broadcast. This metadata can be any digital data such as web pages, advertisements, images, video clips, coupons, etc. and maybe related to the broadcast subject matter, but need not always be related ¶ [0038], [0039], [0044].
Regarding claim 20, the combination of Sharma, Devore and MacNeille discloses, wherein the synchronization server acquires the selected content file via a digital network connection to a system of the radio station, and does not receive the content file via an over the air broadcast signal (Devore: A synchronization server receives requests for information about content being broadcasted, such as a song being broadcasted by a radio station [Abstract]. A synchronization server is provided for receiving requests for information about content being broadcasted, such as a song being broadcasted by a radio station.…. In response to the request, information is provided to the user's cellular telephone or portable communications device, which contains the song title, artist name, and album name. Optionally, the synchronization server could "tag" the song by storing information about the song in an account created at the synchronization server, for later access by the listener. Information about the song is then transmitted to the listener by way of a web page, whereupon the user can perform other tasks associated with the song, such as obtaining lyrics to the song, ordering tickets to events by the artist of the song, downloading ring tones, downloading the song, accessing a streamed version of the song, etc. ¶ [0008]. Also see ¶ [0015]-[0018], [0028] and [0029]. Also see Fig. 1).
Claims 2 and 18 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Sharma in view of Devore in view of MacNeille in view of Harb; Joseph et al. (US 20080318529 A1) [Harb].
Regarding claim 2, the combination of Sharma, Devore and MacNeille discloses, wherein the interactive radio application program further comprises a voice interface to enable a listener to use [voice commands] to interact with content through the interactive radio application program (Sharma: FIG. 1 is a high level functional diagram showing the basic architecture and flow of information in a system employing a basic embodiment of the apparatus and process. Existing audio and video broadcast content or advertisement content that is broadcast today (either over radio frequency channels according to the various audio and video terrestrial, satellite and cable standards) can be augmented with metadata transmitted on a digital sub channel and intended to be displayed on the screen of the device having the receiver receiving the broadcast. This metadata can be any digital data such as web pages, advertisements, images, video clips, coupons, etc. and maybe related to the broadcast subject matter, but need not always be related. Broadcasters can derive revenue if a viewer of the broadcast seems something in the metadata that interests him or her and clicks on it and that "click event" is sent upstream ¶ [0038]-[0039]. Also see ¶ [0044]. Information collected from the metadata usually includes (but not limited to) song name, artist name, album name, book name or service name ¶ [0086]).
However, neither one of Sharma, Devore or MacNeillie explicitly facilitates voice command.
Harb discloses, voice command (In another embodiment, a server application is provided that can be accessed by wireless telecommunications, e.g., via a cell phone. Radio listeners can dial a pre-determined access phone number. An interactive voice interface is implemented at the server ¶ [0013], [0025], [0046], [0057], [0060], [0061]).
It would have been obvious to one ordinary skilled in the art at the time of the present invention to combine the teachings of the cited references because Harb's system would have allowed Sharma and Devore to facilitate voice command. The motivation to combine is apparent in the Sharma and Devore reference, because there is a need for a way for a customer to immediately and easily capture the relevant information in response to hearing programming content or advertisements, so that at a later stage when they have access to a computer or wireless access to a network, they can examine the automatically identified product and purchase the desired product or service with a simple action that does not require web surfing or internet research.
Regarding claim 18, the combination of Sharma, Devore and MacNeillie discloses, wherein the NPD indicates that an announcer is talking now on the radio station and the synchronization server acquires the selected content file from a data source provided by an advertiser to be displayed while the announcer is talking (Harb: In one embodiment, the broadcast advertiser can upload images or video to their Quu-enabled ads. This way when the users access their account via computer and click on the ad, they can view, in addition to the description, pictures or a short video, thereby transforming an audible ad into a visual one or multi-media ad ¶ [0027]-[0029]).
Claim 3 is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Sharma in view Devore in view of Scannell; Robert F. JR. (US 20060123053 A1) [Scannell].
Regarding claim 3, the combination of Sharma, Devore and MacNeillie teaches all the limitations of claim 1.
However neither one of Sharma, Devore or MacNeillie explicitly wherein the interactive radio application program is operable independently of a car stereo, while the radio broadcast audio item is being played on the car stereo.
Scannell discloses, wherein the interactive radio application program is operable independently of a car stereo, while the radio broadcast audio item is being played on the car stereo (Scannell: Other protocols that support data transmission through a wireless codeable means may also be associated with the preceding, such as, but not limited to Bluetooth. With respect to a parked vehicle in a garage application, ZigBee, as well as Wi Fi and/or Bluetooth, may be, but not limited to, preferable protocols. For example, a Wi Fi interface to such controller 120 may support a variety of applications, for example, from GPS system updates to video and/or music downloads, where such downloads may be received, switched or routed through such controller to the respective application devices ¶ [0073]. Such information may also be provided through the information and device controller 120 where such controller may be networked to other telematics devices, such as other displays in the vehicle, as well as, but not limited to, users' watches, PDAs or PCs who may comprise, for example, a Bluetooth or ZigBee or Wi Fi communications component(s) that become(s) activated to receive information when said telematics system comprises a communications apparatus that intermittently signals a designated list of device addresses or user addresses or receives said device transmissions from such device indication of said device's presence in or on the system ¶ [0090]. The system content codes facilitate interaction with and personalization of any content from any form of media and other sources. The media can include any of a variety of advertising, marketing services, media (including, for example, broadcast, cable, satellite, IP, and/or broadband television and/or radio media, print, movie, music, event, show, concert, and celebrity media, as well as a variety of recorded media), media services and locations (including, for example, gaming, resort and theme park locations) ¶ [0199]. The system may support any form of radio broadcast and program, such as for example, satellite radio, digital radio, AM and FM radio, RDS transmission, HD transmission, streaming, as well as regional and national programming. In addition, the system supports a variety of program content and related subject matter (such as, for example, advertising, books, services, music, audio book and video downloads, etc.) formats, for example, from talk radio to music to combinations thereof, and transactions (some of which was described in the previous section herein) ¶ [0228]).
It would have been obvious to one ordinary skilled in the art at the time of the present invention to combine the teachings of the cited references because Scannell's system would have allowed Sharma and Devore to facilitate wherein the interactive radio application program is operable independently of a car stereo, while the radio broadcast audio item is being played on the car stereo. The motivation to combine is apparent in the Sharma and Devore reference, because there is a need to facilitate the selection, processing and dissemination of personalized and logistical content from a variety of media and other sources with and over a variety of devices, including, but not limited to, the present invention devices and components described herein to support widespread acceptance of the present invention system.
Claims 4 and 10 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Sharma in view of Devore in view of MacNeille in view of Harb in view of Cech; Leonard et al. (US 20090192795 A1) [Cech].
Regarding claim 4, the combination of Sharma, Devore, MacNeille and Harb disclose, downloadable to, and executable (Harb: In an embodiment, user device 1306 may send a request 1310 for synchronization application software 1302 to synchronization server 1314. Server 1314 may send application software 1302 to user device 1306 for downloading to user device 1306 ¶ [0099], [0101]).
However neither one of Sharma, Devore, MacNeille or Harb explicitly facilitate wherein the interactive radio application program is executable on a smart phone, and wherein the smart phone is configured to be coupled to a vehicle head unit to utilize the head unit display to supplement, or be used in lieu of, the smart phone display during operation of the interactive radio application program on the smart phone.
Cech discloses, wherein the interactive radio application program is executable on a smart phone, and wherein the smart phone is configured to be coupled to a vehicle head unit to utilize the head unit display to supplement, or be used in lieu of, the smart phone display, during operation of the interactive radio application program on the smart phone (Referring to FIG. 1, a vehicle driver may operate a vehicle from a cockpit 10. The cockpit 10 includes a steering wheel 12 and a controller 14. The driver may rotate the steering wheel to turn the vehicle wheels and steer the vehicle in a desired direction. The steering wheel 12 may also be configured to receive an audible input, for example at one or more microphones, including an oral command. The oral command can be parsed and interpreted or recognized by controller 14 using voice recognition software. Controller 14 can then send an electronic signal representative of the oral command to a vehicle system (e.g., an audio system, a navigation system, a vehicle bus interface, instrument panel electronics, etc.) or to an electronic device coupled to the vehicle via a wired or wireless connection (e.g., a cellular phone, a personal navigation device (PND), a personal digital assistant (PDA), a portable media player, etc.). The electronic signal may cause the vehicle system or electronic device to perform a specific task or operation. For example, a user may provide oral commands to dial a telephone number on a coupled cellular phone, to provide destination information to a navigation system or personal navigation device, to adjust a volume or the media of a portable media player or an audio system, etc. ¶ [0017]).
It would have been obvious to one ordinary skilled in the art at the time of the present invention to combine the teachings of the cited references because Cech's system would have allowed Sharma, Devore, MacNeille and Harb to facilitate wherein the interactive radio application program is executable on a smart phone, and wherein the smart phone is configured to be coupled to a vehicle head unit to utilize the head unit display to supplement, or be used in lieu of, the smart phone display during operation of the interactive radio application program on the smart phone. The motivation to combine is apparent in the Sharma, Devore, MacNeille and Harb reference, because there is a need for a system and method for filtering out road noise, car noise, other occupants, and other noise for voice recognition.
Regarding claim 10, the combination of Sharma, Devore, MacNeille and Harb and Cech disclose, wherein the smart phone is configured for communication with a radio or head unit in a vehicle to provide the selected content file on the radio or head unit (Cech: Referring to FIG. 1, a vehicle driver may operate a vehicle from a cockpit 10. The cockpit 10 includes a steering wheel 12 and a controller 14. The driver may rotate the steering wheel to turn the vehicle wheels and steer the vehicle in a desired direction. The steering wheel 12 may also be configured to receive an audible input, for example at one or more microphones, including an oral command. The oral command can be parsed and interpreted or recognized by controller 14 using voice recognition software. Controller 14 can then send an electronic signal representative of the oral command to a vehicle system (e.g., an audio system, a navigation system, a vehicle bus interface, instrument panel electronics, etc.) or to an electronic device coupled to the vehicle via a wired or wireless connection (e.g., a cellular phone, a personal navigation device (PND), a personal digital assistant (PDA), a portable media player, etc.). The electronic signal may cause the vehicle system or electronic device to perform a specific task or operation. For example, a user may provide oral commands to dial a telephone number on a coupled cellular phone, to provide destination information to a navigation system or personal navigation device, to adjust a volume or the media of a portable media player or an audio system, etc. ¶ [0017]).
Conclusion
The examiner requests, in response to this Office action, support be shown for language added to any original claims on amendment and any new claims. That is, indicate support for newly added claim language by specifically pointing to page(s) and line no(s) in the specification and/or drawing figure(s). This will assist the examiner in prosecuting the application.
When responding to this office action, Applicant is advised to clearly point out the patentable novelty which he or she thinks the claims present, in view of the state of the art disclosed by the references cited or the objections made. He or she must also show how the amendments avoid such references or objections See 37 CFR 1.111(c).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOHAMMAD S ROSTAMI whose telephone number is (571)270-1980. The examiner can normally be reached Mon-Fri From 9 a.m. to 5 p.m..
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3/7/2026
/MOHAMMAD S ROSTAMI/Primary Examiner, Art Unit 2154