DETAILED ACTION
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 .
Election/Restrictions
Applicant’s election of Group II – claims 9-14 in the reply filed on 05/21/2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claim Rejections - 35 USC § 112
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 9 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 9 recites the limitations "the plurality of song structures", “the respective song structure”, and “the respective song structure” in lines 12, 15, and 17, respectively. There is insufficient antecedent basis for these limitations in the claim.
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 claims at issue 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); and 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 a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form 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 http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 9-14 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-6 of U.S. Patent No. 12,167,107. Although the claims at issue are not identical, they are not patentably distinct from each other because the instant application is an obvious variation, recited similarly to the patented subject matter. The table below shows the claim sets similarities.
Instant Application # 18/976,301
US Patent 12,167,107
9. A computer-implemented method for a client device presenting a media player, wherein the computer-implemented method comprises: presenting, in a first portion of a user interface, a plurality of time-synchronized text items associated with a content item, wherein the content item has a plurality of structures and a plurality of tags associated with the plurality of time-synchronized text items and the plurality of structures, wherein each of the plurality of tags is associated with a beginning timestamp of a response structure of a respective grouping of time-synchronized text items from the plurality of time-synchronized text items; presenting, in a second portion of the user interface, a seek bar configured to receive input causing the media player to scroll forward or backward within the content item, the plurality of tags associated with the plurality of time-synchronized text items and the plurality of song structures, wherein (i) the plurality of tags are presented concurrently with one another along the seek bar in the user interface, (ii) the plurality of tags are presented concurrently with the plurality of time-synchronized text items, (iii) each of the plurality of tags presents a tag identity identifying the respective song structure and a beginning timestamp associated with the respective grouping of time-synchronized text items and the respective song structure, (iv) a first tai of the plurality of tags presenting both the tag identity and the beginning timestamp is actuated concurrently with a subset of the plurality of time-synchronized text items with which the first tag is associated during playback of the content item, (v) a second tag of the plurality of tags presenting both the tag identity and the beginning timestamp and a second subset of the plurality of time- synchronized text items remain unactuated during the playback of the content item, and (vi) scrolling forward or backward using the seek bar causes respective tags of the plurality of tags to be actuated in the user interface at respective times corresponding to a position of the seek bar; receiving, via the user interface, a selection of a first tag of the plurality of tags associated with the plurality of time-synchronized text items; and causing the media player to begin playback of the content item at the timestamp for a time- synchronized text item corresponding to the selected first tag.
1. A computer-implemented method for a client device presenting a media player, wherein the computer-implemented method comprises: receiving a content item comprising a song having a plurality of song structures and a plurality of tags associated with a plurality of time-synchronized text items and the plurality of song structures, wherein each of the plurality of tags is associated with a beginning timestamp of a respective song structure of a respective grouping of time-synchronized text items from the plurality of time-synchronized text items; presenting, in a first portion of a user interface, the plurality of time-synchronized text items; presenting, in a second portion of the user interface, a seek bar configured to receive input causing the media player to scroll forward or backward within the content item, the plurality of tags associated with the plurality of time-synchronized text items and the plurality of song structures, wherein (i) the plurality of tags are presented concurrently with one another along the seek bar in the user interface, (ii) the plurality of tags are presented concurrently with the plurality of time-synchronized text items, (iii) each of the plurality of tags presents a tag identity identifying the respective song structure and a beginning timestamp associated with the respective grouping of time-synchronized text items and the respective song structure, (iv) a first tag of the plurality of tags presenting both the tag identity and the beginning timestamp is actuated concurrently with a subset of the plurality of time-synchronized text items with which the first tag is associated during playback of the content item, (v) a second tag of the plurality of tags presenting both the tag identity and the beginning timestamp and a second subset of the plurality of time-synchronized text items remain unactuated during the playback of the content item, and (vi) scrolling forward or backward using the seek bar causes respective tags of the plurality of tags to be actuated in the user interface at respective times corresponding to a position of the seek bar; receiving, via the user interface, a selection of a first tag of the plurality of tags associated with the plurality of time-synchronized text items; and causing a media player to begin playback of the content item at the timestamp for a grouping of time-synchronized text items corresponding to the selected first tag.
10. The computer-implemented method of claim 9, further comprising identifying the grouping of time-synchronized text items by highlighting, modified font, color-coding, or some combination thereof.
2. The computer-implemented method of claim 1, further comprising identifying the grouping of time-synchronized text items by highlighting, modified font, color-coding, or some combination thereof.
11. The computer-implemented method of claim 9, further comprising receiving a selection to edit the grouping of time-synchronized text item
3. The computer-implemented method of claim 1, further comprising receiving a selection to edit the grouping of time-synchronized text items.
12. The computer-implemented method of claim 11, further comprising receiving a modification to one of the plurality of tags and causing presentation of the modification to one of the plurality of tags on the user interface including the media player.
4. The computer-implemented method of claim 3, further comprising receiving a modification to one of the plurality of tags and causing presentation of the modification to one of the plurality of tags on the user interface including the media player.
13. The computer-implemented method of claim 9, wherein the content item is a song and the grouping of time-synchronized text items is a lyric of the song.
5. The computer-implemented method of claim 1, wherein the content item is a song and the grouping of time-synchronized text items is a lyric of the song.
14. The computer-implemented method of claim 9, further comprising: receiving, via the user interface, a selection of a second tag of the plurality of tags associated with the plurality of time-synchronized text items; and causing the media player to begin playback of the content item at a timestamp for a second grouping of time-synchronized text item corresponding to the selected second tag.
6. The computer-implemented method of claim 1, further comprising: receiving, via the user interface, a selection of a second tag of the plurality of tags associated with the plurality of time-synchronized text items; and causing the media player to begin playback of the content item at a timestamp for a second grouping of time-synchronized text items corresponding to the selected second tag.
Allowable Subject Matter
Claims 9-14 would be allowable if Applicant overcomes (i) the nonstatutory double patenting rejection, set forth in this Office action, by filing a terminal disclaimer and (ii) the 35 USC 112(b) rejection.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 9305530 to Durham
US 2020/0234684 to Zhang
US 2020/0233574 to Okafor
US 2019/0355337 to Steinwedel
US 2016/0249091 to Lennon
US 2015/0365716 to Fonseca
US 2015/0160915 to Soroka
US 2014/0373036 to Phillips
US 2014/0337761 to Glass
US 2014/0074855 to Zhao
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PINKAL R CHOKSHI whose telephone number is (571)270-3317. The examiner can normally be reached on Monday - Friday, 8am-5pm.
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/PINKAL R CHOKSHI/Primary Examiner, Art Unit 2425
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