CTNF 18/971,576 CTNF 80485 DETAILED ACTION 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. Application # 18/971,576 was filed on 12/6/2024. Claims 1-11 are subject to examination. An IDS filed on 12/6/2024, 5/21/2025, 10/1/2025 have been fully considered and entered by the Examiner. 07-30-03-h AIA Claim Interpretation 07-30-03 AIA The following is a quotation of 35 U.S.C. 112(f): (f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof. The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph: An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof. 07-30-05 The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked. As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph: (A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function; (B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and (C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function. Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function. Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function. Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Claim Rejections - 35 USC § 112 07-30-02 AIA The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claim limitation “a storing unit configured to store access information for audio content, an acquisition unit configured to acquire position, a specifying unit configured to specify the audio content, a providing unit configured to provide the communication, a transmission unit configured to transit position” in claim 1 and claim 10 invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. The specification of the current application does not explicitly show the corresponding structure for the storing unit, an acquisition unit, a specifying unit, a providing unit, a transmission unit. The specification and diagram generically show block diagrams but does not explicitly recite if these units are generic computer or specific computer and/or hardware. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph. 07-34-23 Applicant may: (a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph; (b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or (c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)). If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either: (a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or (b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181. Claim Rejections - 35 USC § 102 07-07-aia AIA 07-07 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. 07-15-aia AIA Claim(s) 1-11 is/are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Hashimoto et al. U.S. Patent Publication # (hereinafter Hashimoto) . With respect to claim 1, Hashimoto teaches an information processing apparatus (Fig. 1 & 26 element 100) (Paragraph 45, 166) comprising: -a storing unit (i.e. storage unit) configured to store access information for audio content to be provided from an external server for content provision, in association with information of an access condition for the audio content (i.e. the storage unit includes map information database, a registered position information database, a user information database, a group information database, a geofence database, a content database, a history information database wherein the storage unit stored content information and provision information indicating a position where the content information is provided in associated with each other wherein the position acquisition unit acquires piece of position information of the user terminal and when the user reaches the location/distance, the provision control unit provides the content information to the first terminal and controls provision of the content to another user terminal possessed by the another user of the group based on the calculated distance) (Paragraph 46, 52, 62, 66) an acquisition unit configured to acquire position information of a communication terminal used by a user (i.e. position information acquisition unit acquires the position information of the user terminal possessed by the user)(Paragraph 56) a specifying unit (i.e. content database) (Fig. 10) configured to specify the audio content that provides the communication terminal with access, based on the access condition for the audio content (i.e. content database may include the content information associated with geofence ID and the user ID. The content information maybe content including audio AR and having predetermined reproduction time. The length of the content is predetermined reproduction time can be set in consideration of a walking speed of the user, a distance between the geofence and the shop and the like. Fig. 10 and the Paragraph 87 provides the audio information list which manages audio content and the provision position information in association with each other)(Paragraph 66, 87, 88, 130); and a providing unit (i.e. provision control unit) configured to provide the communication terminal with content information including the access information associated with the audio content specified (i.e. providing audio service being reproduced when the user enters the geofence G1 may announce “turn right the next intersection and the facility is on the right) (Paragraph 46, 83,85, 87, 103-110, 130). Examiner would like to point out that Paragraphs 103-110, 130 provides multiple example and scenario with respect to providing the terminal with content information associated with particular audio content based on the geofence location. With respect to claim 2, Hashimoto teaches the information processing apparatus according to claim 1, wherein the information of the access condition for the audio content includes position information set to the audio content (i.e. geofence G1 when user enters it, providing this particular audio), and the providing unit provides the communication terminal with the position information set to the audio content specified (i.e. providing audio service being reproduced when the user enters the geofence G1 may announce “turn right the next intersection and the facility is on the right) (Paragraph 46, 83,85, 87, 103-110, 130). Examiner would like to point out that Paragraphs 103-110, 130 provides multiple example and scenario with respect to providing the terminal with content information associated with particular audio content based on the geofence location. With respect to claim 3, Hashimoto teaches the information processing apparatus according to claim 2, wherein the providing unit provides the communication terminal with the content information of the audio content, the access condition for which is satisfied by a position of the communication terminal (Paragraph 87, 88)(Fig. 10)(Paragraph 103-104). Examiner would like to point out that when the user has entered the geofence (i.e. access condition for which is satisfied by a position of the communication terminal), an audio service related to the shop is provided to the user via the user terminal. With respect to claim 4, Hashimoto teaches the information processing apparatus according to claim 2, wherein the acquisition unit further acquires, from the communication terminal, a designated position designated on the communication terminal (i.e. position information acquisition unit acquires the position information of the user terminal possessed by the user)(Paragraph 56) and the providing unit provides the communication terminal with the content information of the audio content included within a predetermined range from the designated position (i.e. providing audio service being reproduced when the user enters the geofence G1 may announce “turn right the next intersection and the facility is on the right) (Fig. 10)(Paragraph 46, 83,85, 87, 103-110, 130). Examiner would like to point out that Paragraphs 103-110, 130 provides multiple example and scenario with respect to providing the terminal with content information associated with particular audio content based on the geofence location. With respect to claim 5, Hashimoto teaches the information processing apparatus according to claim 4, wherein the providing unit provides the communication terminal with the content information of audio content prioritized in order of proximity to either the designated position or a position of the communication terminal (Fig. 10)(Paragraph 87, 104) With respect to claim 6, Hashimoto teaches the information processing apparatus according to claim 4, further comprising an inferring unit configured to infer audio content having a high priority for the user, based on information indicating an operation history of audio content in the communication terminal, the operation history being acquired from the communication terminal (Paragraph 158) With respect to claim 7, Hashimoto teaches the information processing apparatus according to claim 6, wherein in a case where no audio content included within the predetermined range from the designated position is present, the providing unit provides the communication terminal with the content information of the audio content inferred by the inferring unit (i.e. generating audio information by performing sound image localization on the position of the virtual sound source as the right ear audio information and left ear audio information)(Paragraph 174, 158-162) With respect to claim 8, Hashimoto teaches the information processing apparatus according to claim 7, but Hashimoto further teaches wherein in a case where no audio content included within the predetermined range from the designated position is present and no audio content inferred by the inferring unit is present (i.e. generating audio information by performing sound image localization on the position of the virtual sound source as the right ear audio information and left ear audio information)(Paragraph 174, 158-162), the providing unit provides the communication terminal with the content information of the audio content in accordance with a ranking determined, based on operation histories of a plurality of users (Paragraph 174, 158-162) With respect to claim 9, Hashimoto teaches an information processing method performed in an information processing apparatus including a storing unit configured to store access information for audio content to be provided from an external server for content provision, in association with information of an access condition for the audio content (i.e. the storage unit includes map information database, a registered position information database, a user information database, a group information database, a geofence database, a content database, a history information database wherein the storage unit stored content information and provision information indicating a position where the content information is provided in associated with each other wherein the position acquisition unit acquires piece of position information of the user terminal and when the user reaches the location/distance, the provision control unit provides the content information to the first terminal and controls provision of the content to another user terminal possessed by the another user of the group based on the calculated distance) (Paragraph 46, 52, 62, 66) the information processing method comprising: -acquiring position information of a communication terminal used by a user (i.e. position information acquisition unit acquires the position information of the user terminal possessed by the user)(Paragraph 56) -specifying the audio content that provides the communication terminal with access, based on the access condition for the audio content(i.e. content database may include the content information associated with geofence ID and the user ID. The content information maybe content including audio AR and having predetermined reproduction time. The length of the content is predetermined reproduction time can be set in consideration of a walking speed of the user, a distance between the geofence and the shop and the like. Fig. 10 and the Paragraph 87 provides the audio information list which manages audio content and the provision position information in association with each other)(Paragraph 66, 87, 88, 130) providing the communication terminal with content information including the access information associated with the audio content specified (i.e. providing audio service being reproduced when the user enters the geofence G1 may announce “turn right the next intersection and the facility is on the right) (Paragraph 46, 83,85, 87, 103-110, 130). Examiner would like to point out that Paragraphs 103-110, 130 provides multiple example and scenario with respect to providing the terminal with content information associated with particular audio content based on the geofence location. With respect to claim 10, Hashimoto teaches information processing system comprising an information processing apparatus and a communication terminal used by a user, wherein the information processing apparatus includes: a storing unit configured to store access information for audio content to be provided from an external server for content provision, in association with information of an access condition for the audio content(i.e. the storage unit includes map information database, a registered position information database, a user information database, a group information database, a geofence database, a content database, a history information database wherein the storage unit stored content information and provision information indicating a position where the content information is provided in associated with each other wherein the position acquisition unit acquires piece of position information of the user terminal and when the user reaches the location/distance, the provision control unit provides the content information to the first terminal and controls provision of the content to another user terminal possessed by the another user of the group based on the calculated distance) (Paragraph 46, 52, 62, 66) an acquisition unit configured to acquire position information of a communication terminal used by a user (i.e. position information acquisition unit acquires the position information of the user terminal possessed by the user)(Paragraph 56) -a specifying unit configured to specify the audio content that provides the communication terminal with access, based on the access condition for the audio content (i.e. content database may include the content information associated with geofence ID and the user ID. The content information maybe content including audio AR and having predetermined reproduction time. The length of the content is predetermined reproduction time can be set in consideration of a walking speed of the user, a distance between the geofence and the shop and the like. Fig. 10 and the Paragraph 87 provides the audio information list which manages audio content and the provision position information in association with each other)(Paragraph 66, 87, 88, 130); and -a providing unit configured to provide the communication terminal with content information including the access information associated with the audio content specified (i.e. providing audio service being reproduced when the user enters the geofence G1 may announce “turn right the next intersection and the facility is on the right) (Paragraph 46, 83,85, 87, 103-110, 130). Examiner would like to point out that Paragraphs 103-110, 130 provides multiple example and scenario with respect to providing the terminal with content information associated with particular audio content based on the geofence location. -wherein the communication terminal includes: a transmission unit configured to transmit position information of the communication terminal to the information processing apparatus (Paragraph 46, 78); and -display the content information of the audio content to be provided from the information processing apparatus on a display unit, and start reproducing the audio content of the external server (Paragraph 72, 82, 126, 167). With respect to claim 11, Hashimoto teaches a non-transitory computer-readable storage medium storing instructions for causing a computer to perform an information processing method in which an information processing apparatus includes a storing unit configured to store access information for an audio content to be provided from an external server for content provision, in association with information of an access condition for the audio content (i.e. the storage unit includes map information database, a registered position information database, a user information database, a group information database, a geofence database, a content database, a history information database wherein the storage unit stored content information and provision information indicating a position where the content information is provided in associated with each other wherein the position acquisition unit acquires piece of position information of the user terminal and when the user reaches the location/distance, the provision control unit provides the content information to the first terminal and controls provision of the content to another user terminal possessed by the another user of the group based on the calculated distance) (Paragraph 46, 52, 62, 66) the method comprising: acquiring position information of a communication terminal used by a user (i.e. position information acquisition unit acquires the position information of the user terminal possessed by the user)(Paragraph 56) specifying the audio content that provides the communication terminal with access, based on the access condition for the audio content (i.e. content database may include the content information associated with geofence ID and the user ID. The content information maybe content including audio AR and having predetermined reproduction time. The length of the content is predetermined reproduction time can be set in consideration of a walking speed of the user, a distance between the geofence and the shop and the like. Fig. 10 and the Paragraph 87 provides the audio information list which manages audio content and the provision position information in association with each other)(Paragraph 66, 87, 88, 130); and providing the communication terminal with content information including the access information associated with the audio content specified (i.e. providing audio service being reproduced when the user enters the geofence G1 may announce “turn right the next intersection and the facility is on the right) (Paragraph 46, 83,85, 87, 103-110, 130). Examiner would like to point out that Paragraphs 103-110, 130 provides multiple example and scenario with respect to providing the terminal with content information associated with particular audio content based on the geofence location . Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. A). Miyata et al. U.S. Patent Publication # 2023/0289129 which teaches about having place information management device for use in content delivery system for delivering music to user riding in vehicle having place information and updating section for generating and uploading first emotion information and place corresponding to shooting position. B). Kinoshita et al. U.S. Patent Publication # 2022/0246135 which teaches about activation condition settable for atleast context information and user scenario including data set of the context information and the activation condition is generable. Any inquiry concerning this communication or earlier communications from the examiner should be directed to DHAIRYA A PATEL whose telephone number is (571)272-5809. The examiner can normally be reached M-F 7:30am-4:00pm. 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. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kamal B Divecha can be reached at 571-272-5863. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. DHAIRYA A. PATEL Primary Examiner Art Unit 2453 /DHAIRYA A PATEL/ Primary Examiner, Art Unit 2453 Application/Control Number: 18/971,576 Page 2 Art Unit: 2453 Application/Control Number: 18/971,576 Page 3 Art Unit: 2453 Application/Control Number: 18/971,576 Page 4 Art Unit: 2453 Application/Control Number: 18/971,576 Page 5 Art Unit: 2453 Application/Control Number: 18/971,576 Page 6 Art Unit: 2453 Application/Control Number: 18/971,576 Page 7 Art Unit: 2453 Application/Control Number: 18/971,576 Page 8 Art Unit: 2453 Application/Control Number: 18/971,576 Page 9 Art Unit: 2453 Application/Control Number: 18/971,576 Page 10 Art Unit: 2453 Application/Control Number: 18/971,576 Page 11 Art Unit: 2453 Application/Control Number: 18/971,576 Page 12 Art Unit: 2453 Application/Control Number: 18/971,576 Page 13 Art Unit: 2453 Application/Control Number: 18/971,576 Page 14 Art Unit: 2453
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