Detailed Action
1. This Office Action is responsive to the Application 18/971,591 filed 12/06/2024. Claims 1-10 are presented for examination. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
2. Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, or 365(c) is acknowledged.
Information Disclosure Statement
3. The information disclosure statements (IDSes) submitted on 12/06/2024 and 05/21/2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Claim Interpretation
4. 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.
5. The claims 1-7 and 9 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.
6. This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: a registration unit configured to register audio content …; an acquisition unit configured to acquire either position information …; and a providing unit configured to provide the second communication terminal … in claims 1-7 and 9.
Because these claim limitations are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, they are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 102
7. 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 –
(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.
8. Claims 1-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by KINOSHITA et al. (US 2022/0246135 A1), hereinafter “KINOSHITA”.
9. As to claim 1, KINOSHITA teaches an information processing apparatus ([0139]: the data management server 10) comprising:
a registration unit configured to register audio content created by a first user to be provided from an external server for content provision ([0140-0142]: the content element-context information DB 151 is a database that stores a table in which a content element (including a speech, a BGM, a sound effect, an environmental sound, music, an image, and the like generated from content such as video or music) and context information are associated with each other);
an acquisition unit configured to acquire either position information of a second communication terminal used by a second user or position information designated on the second communication terminal ([0153]: on the basis of the sensor data (position information), when the user comes to a position of 10 m from the home, an utterance of a desired character is output from the reproduction device 30 possessed by the user); and
a providing unit configured to provide the second communication terminal with content information including access information for the audio content, wherein the registration unit acquires and registers the access information for the audio content and position information set to the audio content from a first communication terminal used by the first user, and the providing unit provides the second communication terminal with content information including the access information for the audio content, based on either the position information of the second communication terminal or the position information designated on the second communication terminal, and the position information set to the audio content ([0152]: when the sensor data (position information) satisfies the activation condition (“Yes” in S102), the content element associated with the context information depending on the activation condition is presented to the user).
10 As to claim 2, KINOSHITA teaches the information processing apparatus according to claim 1, wherein the registration unit updates the position information set to the audio content, based on new position information from the first communication terminal ([0204-0212]: describes that the settings of the user scenario are changed/set to desired settings by a user scenario generation tool, wherein the geofence detailed setting area 257 includes, as detailed setting items of the geofence, a geofence name, a center position, a radius, a reproduction time, weather, a content element, a reproduction range, a volume, repeat reproduction, fade-in/out, and a reproduction priority level).
11. As to claim 3, KINOSHITA teaches the information processing apparatus according to claim 1, wherein the providing unit further, before registering the audio content, acquires the position information set to the audio content, and provides the first communication terminal with the content information of audio content of another user set to a position within a predetermined distance from the position information ([0190-0197] and [0258-0261]: when the user scenario generation tool is activated, a scenario selection/reproduction screen of FIG. 21 is displayed including a map/scenario display area 411, a scenario list 412, and a new scenario creation button 413 … Furthermore, in a case where a new user scenario is created, …, search processing may be performed using a desired keyword input in a search keyword input field 414 as a search condition, and a scenario maybe presented depending on a search result the search processing).
12. As to claim 4, KINOSHITA teaches the information processing apparatus according to claim 1, wherein the registration unit registers a position of the first communication terminal in association with the position information set to the audio content ([0204-0212]: describes that the settings of the user scenario are changed/set to desired settings by a user scenario generation tool, wherein the geofence detailed setting area 257 includes, as detailed setting items of the geofence, a geofence name, a center position, a radius, a reproduction time, weather, a content element, a reproduction range, a volume, repeat reproduction, fade-in/out, and a reproduction priority level).
13. As to claim 5, KINOSHITA teaches the information processing apparatus according to claim 1, wherein the registration unit registers a plurality of pieces of position information as the position information set to the audio content ([0204-0212]: describes that the settings of the user scenario are changed/set to desired settings by a user scenario generation tool, wherein the geofence detailed setting area 257 includes, as detailed setting items of the geofence, a geofence name, a center position, a radius, a reproduction time, weather, a content element, a reproduction range, a volume, repeat reproduction, fade-in/out, and a reproduction priority level).
14. As to claim 6, KINOSHITA teaches the information processing apparatus according to claim 1, wherein the registration unit registers the position information set to the audio content to be sequentially changed between a plurality of pieces of position information ([0370]: the volume of the sound source can be increased as the user 600 approaches the specific position 671A, and decreased as the user moves away from the specific position 617A).
15. As to claim 7, KINOSHITA teaches the information processing apparatus according to claim 1, wherein the registration unit registers a plurality of pieces of audio content created by the first user in association with each other ([0191-01933]: A scenario is configured by putting together one or more data sets of “content element-context information” according to a certain theme … As a result, the user can search for and acquire not only a data set of “content element- context information” desired to be used but also a plurality of datasets of “content element-context information” packaged on the basis of the scenario).
16. As to claims 8-10, claims 8-10 are corresponding method, system and non-transitory computer-readable storage medium claims that recite similar limitations as of apparatus claim 1 and do not contain any additional limitations with respect to novelty and/or inventive steps; therefore, they are rejected under the same rationale.
17. Further references of interest are cited on Form PTO-892, which is an attachment to this Office Action.
18. A shortened statutory period for reply to this action is set to expire THREE (3) months from the mailing date of this communication. See 37 CFR 1.134.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to QUANG N NGUYEN whose telephone number is (571) 272-3886.
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 is (571) 273-8300.
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/QUANG N NGUYEN/
Primary Examiner, Art Unit 2441