CTNF 18/962,824 CTNF 83393 Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Claim Rejections - 35 USC § 102 07-07-aia AIA 07-07 2. The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – 07-08-aia AIA (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention. 07-12-aia AIA (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. 07-15 AIA 3. Claim s 1-4, 6-9, 12-24 and 26-28 are rejected under 35 U.S.C. § 102 ( a1)(a2 ) as being anticipated by U.S. Pat. Pub. No. 2012/0072451 to Merrifield . In Reference to Claims 1, 14, and 20 Merrifield discloses a method (Fig. 4, [0008, 0029]), comprising: analyzing an original game music defined for a video game selected by a user for gameplay (Fig. 1B selects soundtracks for playback, see also “audio content selected for playback in the virtual environment may include musical scores (as opposed to sound effects) that provide background music for the computer game. In one embodiment, an application that provides the virtual environment (e.g., a computer game) monitors user activity occurring in the virtual environment.” [0018], see game computer game 150 types selected by user [0035]), the video game including a plurality of activities and said analyzing used to identify attributes defining a music style corresponding to each activity of the plurality of activities identified in the video game (Fig. 3A demonstrates a plurality of activities wherein Bob is inquiring about the well-being of Adam while a rock song is playing; Adam is expressing sadness and replying to Bob [0045]); {identifying a resumption point associated with the activity} (Examiner construes this as points wherein Bob and Adam are in dialog or expressing an emotion as in Fig. 3A, see also other indicia of resumption points based on “[i]n one embodiment, the determination of the emotional mood may be made by analyzing various contextual information such as statements made and/or actions taken by the avatar of the user, who the user is interacting with in the virtual world, the particular scene or location in the virtual environment that the user is in, a typing speed of the user, the time of day, and/or a geographic location of the user (e.g., as determined by an Internet Protocol (IP) address of the user, cell tower triangulation, global positioning system (GPS), etc.)” [0042]); analyzing each background music associated with the user to identify {identifying} an {distinct} audio clip in said each background music with music attributes that match the music style defined for said each activity of the plurality of activities in the {in a portion of} original game music (Fig. 3A rock song, determination of a sad mood, change to a blues song “befitting the mood” in Fig. 3B and selects an external soundtrack 156, [0045-0046]); detecting selection of the video game for the gameplay by the user and a background music of the user for rendering during the gameplay of the video game (Figs. 3A and 3B game is selected), the background music being rendered in an original format in place of the original game music (background music come from Fig. 1A internal soundtracks 155); detecting an activity of the plurality of activities occurring in the video game during the gameplay {identifying a resumption point associated with the activity} (Adam expresses sadness [0045-0046]); and responsive to detecting the activity occurring in the video game, dynamically adjusting {transitioning at the resumption point} the original format of a portion of the background music corresponding to the activity, so as to render the audio clip identified to mimic the music style of said activity {generate a new background music by mixing audio clips of the original and background audio clips} (Figs. 3A and 3B replaces rock song with blues song to match Adams expressed mood [0045-0046]), the audio clip identified using the attributes of said activity, the background music with the audio clip matching to game context of the video game {replacing a corresponding portion of the original game music, the new background music matching the aesthetics of said activities of the original game music defined for the game} ((Figs. 3A and 3B replaces rock song with blues song to match Adams expressed mood [0045-0046], the external audio clip defined by characteristics/attributes assigned by user and stored in external database 156 [0037-0038, 0041-0042], Fig. 4 430 [0049]), wherein operations of the method are performed by an audio synthesizer engine executing on a processor of a server computing device (Fig. 1A synthesizer engine are the computer game elements of the media player 164 and media profiles 158 under control of processor 104 and network {server} 130 [0030-0033]). In Reference to Claim 2 Examiner construes “wherein the audio clip for dynamically adjusting the portion of the background music is identified from within the background music selected for rendering during the gameplay of the video game” as the audio clip can be selected from either the external library 156 which has been curated for the purpose of being substituted as background music. In Reference to Claims 3 and 28 Examiner construes “wherein the audio clip for dynamically adjusting the background music is identified from a second background music associated with the user, and wherein the second background music is different from the background music selected for rendering during the gameplay” as a selection from at least one or more moods as in “Emotional moods may include, without limitation, happiness, sadness, excitement, anger, frustration, confusion, surprise, contempt, indifference, etc..” [0041] and that these moods are different than the original soundtrack e.g., Fig. 3A rock. In Reference to Claim 4 Examiner construes “wherein adjusting the background music includes morphing content rendering in the original format in the portion of the background music associated with the activity into the audio clip” as in Figs. 3A and 3B to morph a song for song format, see also musical scores and sound effects formats when these are targeted for replacement [0018] and mp3 format as in Fig. 2). In Reference to Claims 6 and 16 Merrifield discloses a user is able to use an interface to select from among background music options via a GUI screen 200 of media player 164 ([0040]) wherein modifies properties of a soundtrack which in turn impart characterizations by the user for selecting one background over another (See Fig. 2). In Reference to Claim 7 Merrifield discloses that each background music is identified by querying an audio source associated with the user (Fig. 1A external soundtracks 156). In Reference to Claim 8 Merrifield discloses the use of descriptive tags characterizing each media file (Claim 2) and of profiles 158 used to influence the selection of the music for playback and of mappings of game events to emotional moods used for selection when an event meets criteria corresponding to the emotional mood [0043] which when combined with the characterizations of Fig. 2 tag and identify each audio with mood context identifiers representing game context of the video game which are stored in the profile 158. In Reference to Claims 9, 19, and 26-27 Examiner construes Claim 9 as merely an iteration of the prior methods steps that is executed as the game progresses. Merrifield repeats the music rendering using the user’s external soundtracks 156 throughout the entire game where “the computer game 150 uses the media profile (or profiles) to select a soundtrack for playback to better suit an emotional mood of a user playing the computer game 150. To this end, the computer game 150 first determines the mood of the user playing the game.” ([0041]). In Reference to Claim 12 Examiner construes wherein adjusting the background music further includes tuning one or more of the attributes of the original game music included in the portion so as to match to the music style of the activity” as applying an appropriate soundtrack to the determined mood of the scene. Merrifield applies a blues soundtrack to a sad scene (Figs. 3A and 3B). In Reference to Claim 13 Merrifield discloses wherein the original game music is defined by a game developer as part of the video game (developer assigns predefined associations with the identified moods [0046] and provides original music in Fig. 1A internal soundtracks 155). In Reference to Claim 15 Merrifield discloses that the developer defines a plurality of mappings of event criteria and emotional moods ([0043]). In Reference to Claim 17 Merrifield discloses wherein generating the new background music further includes, synthesizing, using an audio synthesizer, the original game music defined for the video game so as to include the distinct audio clip corresponding to each activity in appropriate portions of the original game music, such that the background music is synthesized to match to the music style of said each activity and to game context of the video game determined from game state data generated during gameplay, the new background music generated matches aesthetics and mood of the video game and mimics music style of said each activity. (Figs 3A and 3B, [0045-0046, 0048-0049]). In Reference to Claim 18 See rejection of Claims 1, 12, and 14. In Reference to Claim 21 Merrifield discloses that a user is able to express preferences by editing and saving profiles (Fig. 2, see also media profiles 158 [0037, 0040, 0041]) and stored as external soundtracks 156 (Fig. 1A). In Reference to Claim 22 Merrifield discloses wherein the resumption point is defined based on a type of activity, game context of the video game, and a status of the activity based on indicia of resumption points based on “[i]n one embodiment, the determination of the emotional mood may be made by analyzing various contextual information such as statements made and/or actions taken by the avatar of the user, who the user is interacting with in the virtual world, the particular scene or location in the virtual environment that the user is in, a typing speed of the user, the time of day, and/or a geographic location of the user (e.g., as determined by an Internet Protocol (IP) address of the user, cell tower triangulation, global positioning system (GPS), etc.)” [0042]); In Reference to Claim 23 Merrifield monitors a mood of Adam in Fig. 3A and changes background music which is a point that is defined at a beginning, an end, or any point between the beginning and the end of said activity. In Reference to Claim 24 Examiner construes a status of the activity as an active conversation between on screen characters as if Figs. 3A and 3B) in which the system monitors the event to determine points to replace soundtrack music ([0045-0046]) . Claim Rejections - 35 USC § 103 07-06 AIA 15-10-15 4. 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. 07-20-aia AIA 5. 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. 07-23-aia AIA 6. The factual inquiries set forth in Graham v. John Deere Co. , 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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. 07-21-aia AIA 7. Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Merrifield in view of U.S. Pat. Pub. No. 2003/0227473 to Shih . Merrifield discloses the invention substantially as claimed. However, the reference does not explicitly disclose adjusting the music attributes to correspond with a duration of the activity, the audio clip with the music attributes adjusted rendered for the duration of the activity, and after conclusion of the audio clip, resuming rendering the original format of the background music. One of skill in the art would be aware of the personalized audio into video game of Shih. According to Shih, a music engine interfaces within a video game to provide a plurality of personalized sound files (Abstr.). The files are encoded with duration data ([0040]) wherein [d]uration data includes data about where in the sound file playback begins and ends and how long playback lasts. Accordingly, duration data may include the start time (point in the sound file where playback begins), end time (point in the sound file where playback ends), duration (distance from start time to end time) and loop information (whether the portion of the sound file is to be played once or repeatedly in a looped fashion). Further, ”[w]ith the tag system, a music engine only needs to find a given point in the file and instead of playing the file until it ends, play it for the duration that the tag specifies.” [0046]. The Supreme Court in KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007) identified a number of rationales to support a conclusion of obviousness (A) Combining prior art elements according to known methods to yield predictable results; (B) Simple substitution of one known element for another to obtain predictable results; (C) Use of known technique to improve similar devices (methods, or products) in the same way; and (D) Applying a known technique to a known device (method, or product) ready for improvement to yield predictable results. Here, it would require only routine skill in the art to modify the profile data of Merrifield with the duration data of Shih to allow the matching of Merrified to select background audio files that not only match the mood but also can be based on matching the length of the activity and the length of the audio file to achieve the predictable result of minimizing pauses or gaps in the background music between monitored events. The Courts have held that combining prior art elements according to known methods to yield predictable results to be indicia of obviousness . 07-21-aia AIA 8. Claim 25 is rejected under 35 U.S.C. 103 as being unpatentable over Merrifield in view of U.S. Pat. Pub. No. 2017,0034596 to Newell . Merrifield discloses the invention substantially as claimed to iclude transitioning the portion of the original game music further including morphing original content of the original game music with content from the audio clip identified from the background music so as to provide a natural transition from the original content to the content of the audio clip. However, the reference does not explicitly disclose wherein a speed of morphing depending on a game context of the gameplay and in-game actions provided by the user during gameplay. One of skill in the art would be aware of the teachings of Newell. Newell teaches of video game personalized soundtracks to include As in FIG. 2, “the start time 204, end time 205 and duration 206 attributes are also marked as “mandatory”, thereby indicating that variance from these parameters is not allowed. This could be used, for example, to ensure that any replacement songs have sufficient duration to play for the “mandatory” time period, and that the replacement songs are rendered at the appropriate time.” [0045]. One of skill in the art would understand this to mean that the rendering is accomplished at a speed that is dependent on the context of gameplay and in-game actions so as to make the soundtrack fit satisfactorily. Here, it would require only routine skill in the art to modify the replacing of video game soundtracks of Merrifield with the speed of rendering to fit mandatory time periods to achieve the predictable result of minimizing or elimination gaps in the video game soundtrack. The Courts have held that the use of a known technique to improve similar devices (methods, or products) in the same way to be indicia of obviousness . Allowable Subject Matter 12-151-08 AIA 07-43 12-51-08 9. Claim s 10 and 11 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. 13-03-01 AIA 10. The following is a statement of reasons for the indication of allowable subject matter: the prior art is silent as to pausing the rendering of the original content, the pausing identifying a resumption point for restarting the original content; rendering the audio clip in the first portion instead of the original content; and resuming the rendering of the original content from the resumption point after conclusion of the activity. The closest prior art are U.S. Pat. Pub. No. 2009/0172538 for generating a media playlist in virtual environments but the reference is silent as to morphing specifics. U.S. Pat. Pub. No. 2003/0227473 discloses personalized audio files but is silent as to rendering that includes teachings of pausing the rendering relative to resumption points or of a speed of morphing. U.S. Pat. Pub. No. 2002/0128067 discloses creation of user soundtracks but not of pauses in rendering and of the speed of morphing . Conclusion 07-96 AIA 11. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure is in the Notice of References Cited . 12. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Paul A. D’Agostino whose telephone number is (571) 270-1992. 13. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. 14. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kang Hu can be reached on (571) 270-1344. The fax phone number for the organization where this application or proceeding is assigned is 571-270-2992. /PAUL A D'AGOSTINO/Primary Examiner, Art Unit 3715 Application/Control Number: 18/962,824 Page 2 Art Unit: 3715 Application/Control Number: 18/962,824 Page 3 Art Unit: 3715 Application/Control Number: 18/962,824 Page 4 Art Unit: 3715 Application/Control Number: 18/962,824 Page 5 Art Unit: 3715 Application/Control Number: 18/962,824 Page 6 Art Unit: 3715 Application/Control Number: 18/962,824 Page 7 Art Unit: 3715 Application/Control Number: 18/962,824 Page 8 Art Unit: 3715 Application/Control Number: 18/962,824 Page 9 Art Unit: 3715 Application/Control Number: 18/962,824 Page 10 Art Unit: 3715 Application/Control Number: 18/962,824 Page 11 Art Unit: 3715 Application/Control Number: 18/962,824 Page 12 Art Unit: 3715
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