DETAILED ACTION
This action is responsive to the following communication: the claims filed on 10/16/2024. This action is made non-final.
Claim 1 pending in the case.
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis 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.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 10/16/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Note: the NPL documents and the foreign documents are found in the parent application No. 14/668,228.
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 §§ 706.02(l)(1) - 706.02(l)(3) 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claim 1 is rejected on the ground of nonstatutory double patenting over claims as mapped in the below table of U. S. Patent No. 12,153,747 (hereinafter ‘747).
Instant Application: 18/917,520
‘747
Claim 1.
A digital jukebox device, comprising:
- a display device; and
- processing resources including at least one hardware processor and a memory coupled to the at least one hardware processor, the processing resources being configured to control the digital jukebox device to at least:
Claim 1.
A digital jukebox device, comprising:
- a display device; and
- processing resources including at least one hardware processor and a memory coupled to the at least one hardware processor, the processing resources being configured to control the digital jukebox device to at least:
+ output to the display device a user interface presenting in a first area of the display device a plurality of groupings of songs available for playback via the digital jukebox device on a pay-for-play basis, each said grouping of songs being representable in the user interface as a user-selectable tile including imagery associated with two or more of the songs in the respective grouping; and
+ output to the display device a user interface presenting in a first area of the display device a plurality of groupings of songs available for playback via the digital jukebox device on a pay-for-play basis, each said grouping of songs being representable in the user interface as a user-selectable tile including imagery associated with two or more of the songs in the respective grouping, the imagery on the user-selectable tile including at least two images with each image representing a respective song in the respective grouping, wherein said each image is selected based on a plurality of predefined rules to dynamically, based on a preconfigured characteristic of the respective grouping, choose from a manually designated image for the respective grouping, a plurality of images specified as featured art for the respective grouping, or randomly selected image corresponding to a song in the respective grouping;
+ in response to a user input on the user interface, simultaneous with the presented plurality of groupings of songs, displaying an identification of one or more songs in the playback queue.
+ simultaneous with the presented plurality of groupings of songs, displaying an identification of song currently being played by the digital jukebox device in a second area of the display device; and simultaneous with the presented plurality of groupings of songs, temporarily replacing the displayed identification of the song currently being played by displaying, in the second area, an identification of a song newly added to the playback queue
As shown in the above table, the claim of the ‘747 patent contains every element of the recited claim of the instant application. Therefore, claim 1 is not patently distinct from the earlier patent claims and is unpatentable for obvious-type double patenting.
Claim 1 is rejected on the ground of nonstatutory double patenting over claims as mapped in the below table of U. S. Patent No. 11,317,844 (hereinafter ‘844)
Instant Application: 18/917,520
‘844
Claim 1.
A digital jukebox device, comprising:
- a display device; and
- processing resources including at least one hardware processor and a memory coupled to the at least one hardware processor, the processing resources being configured to control the digital jukebox device to at least:
Claim 1.
A digital jukebox device, comprising:
- a display device; and
- processing resources including at least one hardware processor and a memory coupled to the at least one hardware processor, the processing resources being configured to control the digital jukebox device to at least:
+ output to the display device a user interface presenting in a first area of the display device a plurality of groupings of songs available for playback via the digital jukebox device on a pay-for-play basis, each said grouping of songs being representable in the user interface as a user-selectable tile including imagery associated with two or more of the songs in the respective grouping; and
+ output to the display device a user interface presenting in a first area of the display device a plurality of groupings of songs available for playback via the digital jukebox device on a pay-for-play basis, each said grouping of songs being representable in the user interface as a user-selectable tile including imagery associated with two or more of the songs in the respective groupings;
+ in response to a user input on the user interface, simultaneous with the presented plurality of groupings of songs, displaying an identification of one or more songs in the playback queue.
+ displaying on a second area of the display device, simultaneous with the presented plurality of groupings of songs, an identification of a song currently playing on the digital jukebox device and imagery associated with the currently playing song; and when a song is newly added to a playback queue, displaying an identification of the newly added song in the second area; wherein the displaying the identification of the newly added song temporarily replaces the displayed identification of the currently playing song.
As shown in the above table, the claim of the ‘844 patent contains every element of the recited claim of the instant application. Therefore, claim 1 is not patently distinct from the earlier patent claims and is unpatentable for obvious-type double patenting.
Claim 1 is rejected on the ground of nonstatutory double patenting over claims as mapped in the below table of U. S. Patent No. 10,719,149 (hereinafter ‘149)
Instant Application: 18/917,520
‘149
Claim 1.
A digital jukebox device, comprising:
- a display device; and
- processing resources including at least one hardware processor and a memory coupled to the at least one hardware processor, the processing resources being configured to control the digital jukebox device to at least:
Claim 1.
A digital jukebox device, comprising:
- a display device; and
- processing resources including at least one hardware processor and a memory coupled to the at least one hardware processor, the processing resources being configured to control the digital jukebox device to at least:
+ output to the display device a user interface presenting in a first area of the display device a plurality of groupings of songs available for playback via the digital jukebox device on a pay-for-play basis, each said grouping of songs being representable in the user interface as a user-selectable tile including imagery associated with two or more of the songs in the respective grouping; and
+ output to the display device a user interface, the user interface being configured to present a plurality of playlists of songs available for playback via the digital jukebox device on a pay-for-play basis, each said playlist including songs from a plurality of albums and being representable in the user interface as a user-selectable tile including featured imagery for the playlist or imagery of artists associated with two or more of the songs in the respective playlist; (playlist ~ grouping}
+ in response to a user input on the user interface, simultaneous with the presented plurality of groupings of songs, displaying an identification of one or more songs in the playback queue.
+ dynamically and automatically selecting for each playlist in the plurality of playlists, according to a plurality of predetermined rules hierarchy, a featured image to display in the entire area of a user-selectable tile associated with the playlist on the user interface or images to display on a user-selectable tile as the imagery associated with each of the two or more songs for each playlist, wherein the user interface comprises a plurality of user-selectable tiles each of which represents a respective playlist from the plurality of playlists being arranged in a carousel view such that a first displayed screen of the carousel view simultaneously displays at least one user-selectable tile with a featured image on its entire area and at least one user-selectable tile with respective imagery associated with each of two or more songs in the playlist, and upon being scrolled, displays a second displayed screen of the carousel view simultaneously displaying a plurality of user-selectable tiles each with respective imagery associated with each of two or more songs in the playlist without any user-selectable tiles with a respective featured image on its entire area; and playback, in response to a user selection of a tile representing one of the playlists and a determination of payment being received for the pay-for-play basis, one or more songs from said one of the playlists via speakers connected to the digital jukebox device.
As shown in the above table, the claim of the ‘149 patent contains every element of the recited claim of the instant application. Therefore, claim 1 is not patently distinct from the earlier patent claims and is unpatentable for obvious-type double patenting.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim 1 is rejected under 35 U.S.C. 103 as being unpatentable over Beaumier et al. (US 2011/0283236 A1; hereinafter as Beaumier), or in the alternative, are rejected under 35 U.S.C. 103(a) as being unpatentable over Beaumier et al. (US 2011/0283236 A1; hereinafter as Beaumier) in view of Bachman et al. (US 2011/0061028 A1; hereinafter as Bachman).
As to claim 1, Beaumier discloses:
A digital jukebox device (see Fig. 2 and ¶ 0052, 0080; jukebox system 10’ including multiple jukebox devices 16), comprising:
a display device (see Fig. 2 and ¶ 0052, 0080; display 18 of the jukebox device 16); and
processing resources including at least one hardware processor and a memory coupled to the at least one hardware processor (see ¶ 0053, 0080; microprocessors, CPU and audio DSP and memory, hard drive), the processing resources being configured to control the digital jukebox device to at least: (see ¶ 0057, 0080; user interface for exploring and browsing media content using a touch-screen)
output to the display device a user interface presenting in a first area of the display device a plurality of groupings of songs available for playback via the digital jukebox device on a pay-for-play basis (see Figs. 21-22C and ¶ 0118-0129; list of albums are displayed in the middle of the GUI. Fig. 21 and ¶¶ 0118-0119 discloses pay for play scheme such as pricing scheme. ¶¶ 0132-0133; Mosaics represents playlists and a user can interact with a mosaic by selecting a playlist), each said grouping of songs being representable in the user interface as a user-selectable tile including imagery associated with two or more of the songs in the respective grouping (¶¶ 0132-0133; mosaics represents playlists and a user can interact with a mosaic by selecting a playlist. ¶ 0059; presentation area includes playlists represented by graphic images {“objects generally refer to songs, artists, playlists, games..}; because the graphic images represents playlists, each graphic images is associated with two or more songs in the playlist. ¶ 0138; image is used as background art, associated with a playlist); and
in response to a user input on the user interface, simultaneous with the presented plurality of groupings of songs, displaying an identification of one or more songs in the playback queue (see Fig. 21 and ¶ 0118-0119; the album lists are displayed in the middle of the screen while the play queue is displayed on the side. Figs. 21, 24 illustrates the play queue after and before the play queue is being displayed ‘HIDE QUEUE’ ‘SHOW QUEUE’).
As seen above, Beaumier discloses all the limitations of claim 1 not necessarily in a same embodiment. However, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have combined the features from different embodiments into a single invention because Beaumier suggests that any suitable combination or sub-combination can be made to achieve a predictable result (Beaumier: see ¶ 0019).
In the alternative, if Beaumier is not interpreted to teach the limitation each said grouping of songs being representable in the user interface as a user-selectable tile including imagery associated with two or more of the songs in the respective grouping, Bachman is relied upon for teaching this limitation. Specifically, Bachman discloses a user interface being configured to present a plurality of groupings of songs available for playback, each said grouping of songs being representable in the user interface as a user-selectable tile including imagery associated with two or more of the songs in the respective grouping (see Figs. 5A-5C, ¶¶ 0050-0053; when the visual representation pertains to more than one digital media asset, the visual representation can be said to pertain to a collection of digital media assets; i.e., collection of songs; the image 502, 526, 528, 546, 548 displayed for a given album can be the cover art for the album or a collection of songs can pertain to a user-formed mixture of digital media content, and the image 502, 526, 528, 546, 548 displayed for the collection of songs can be a mosaic formed from two or more images pertaining to songs within the collection).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have used the imagery data disclosed in Backman in place of the imagery data used in by Beaumier. One of ordinary skill in the art would have recognized that the results of the combination were predictable (e.g. using other imagery data to represent collection of songs). One skilled in the art could have been motivated to make such a combination is to allow the user to easily identify the songs within the collection (Bachman: see ¶ 0050-0053).
Conclusion
The prior art made of record on form PTO-892 and not relied upon is considered pertinent to applicant's disclosure. Applicant is required under 37 C.F.R. § 1.111(c) to consider these references fully when responding to this action.
It is noted that any citation to specific, pages, columns, lines, or figures in the prior art references and any interpretation of the references should not be considered to be limiting in any way. A reference is relevant for all it contains and may be relied upon for all that it would have reasonably suggested to one having ordinary skill in the art. In re Heck, 699 F.2d 1331, 1332-33,216 USPQ 1038, 1039 (Fed. Cir. 1983) (quoting In re Lemelson, 397 F.2d 1006,1009, 158 USPQ 275,277 (CCPA 1968)).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TUYETLIEN T TRAN whose telephone number is (571)270-1033. The examiner can normally be reached M-F: 8:00 AM - 8:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Irete (Fred) Ehichioya can be reached on 571-272-4034. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TUYETLIEN T TRAN/Primary Examiner, Art Unit 2179
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