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 .
Claims Filed: 04-11-25
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 06-29-26 was filed after the mailing date of the 04-11-25. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 7 rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to convey to one skilled in the art to which it pertains, or with which it is most nearly connected, that Applicant was in possession of the claimed subject matter.
Claim 7 recites “add audio tracks of an additional playlist to the playback queue, …. prevent playback of the first audio tracks during playback of the additional playlist. The specification fails to provide sufficient details to reasonably convey that Applicant had the claimed invention at the time this Application was filed, effectively. Specifically, supporting detail for this combination of limitations not conveyed from the Specification. Applicant has not identified, and the Examiner cannot find, any disclosure pertaining to preventing playback of first audio tracks (i.e., tracks associated with a negative preference) during playback of an additional playlist. For example, the Examiner cannot find any disclosure pertaining to filtering the playback of a playlist.
Rather than supporting the limitations of claim 7, para 95 of the Specification appears to contradict the claim. In para 95, the system prevents playback of first songs unless they were expressly selected by a user. This disclosure indicates that playlists containing first songs, which are added by a user, will not be prevented from being played in contrast with the language of claim 7. Further in view of para 68, a playlist may be where if the song provided, upon request for specific songs. The playlist may include first songs (i.e., those that are is potentially associated with a negative preference (e.g. due to a disliked artist); the Service Provider will still send the song due to connection with the requested gerne or positive preference despite the negative reasoning.
For the foregoing reasons, one of ordinary skill would not have reasonably believed that Applicant was in possession of claim 7 at the time this Application was effectively filed.
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.
Claims 1-5, 8-10, 11-15, 18-19, 20 are rejected under 35 U.S.C. 103 as being unpatentable over Reimann (US Publication) 20130173034 A1 in view of Morese (US Publication) 20070025194 A1.
Regarding claim 1, Reimann teaches a computing device (Fig 1 [110], computing device, para 43) comprising: a network interface (Fig 2A [202], network interface, para 45); at least one processor (Fig 2A [204], zone player, para 45);
and at least one non-transitory computer-readable medium (Fig 2A [206], memory, para 45) comprising program instructions that are executable by the at least one processor (In Fig 5, readable instructions from Fig 4, via stored in computer readable medium are executed by the processor [512], see para 87) such that the computing device is configured to: receive, via the network interface, a command to add a playlist of audio tracks to a playback queue of a playback device (In Fig 3, before presenting track(s) to the user, the system [300] may automatically play the track or place the track in a playlist or queue for playback. See para 82. Note: track and/or related track(s) are considered a playlist, see para 74);
add the playlist to the playback queue (As mentioned, the system adds the track into the queue for playback, para 82. A person of ordinary skill in the art would recognize the selector [310] selects up to multiple tracks (or playlist) to present to the user, see para 74, 82);
cause the playback device(Fig 1 [102, 104, 106], multi-media players and considered “zone players”, para 40) to play back the playback queue, wherein the program instructions that are executable by the at least one processor such that the playback device is configured to cause the playback device to play back the playback queue comprise program instructions that are executable by the at least one processor such that the playback device is configured to: stream, via the network interface, data representing the audio tracks from one or more audio sources (In Fig 1, a zone player will relay one or more signal received from a different zone play and transmit a signal to a second zone player, which will generate a corresponding signal for output through the hub network, see para 41. Note: the computing device or any device can receive streaming audio, see para 43);
and send, via the network interface over a local area network, audio data representing the audio tracks to the playback device for playback (In Fig 1, the transmitted or relayed audio signal traverses a network [108], which is coupled to all zone players, and the network may be a local area network (LAN), see para 42);
Reimann does not explicitly teach maintain a data structure representing available media items for playback, the available media items comprising first audio tracks associated with a negative preference and second audio tracks not associated with the negative preference and prevent selection of the first audio tracks from the available media items for playback when additional audio tracks are added to the playback queue, wherein selection of the second audio tracks is permitted
Morse discloses maintain a data structure representing available media items for playback (the user’s preference data comprises of the user’s history of allowing tracks to either fully play or interrupt action, see para 14), the available media items comprising first audio tracks associated with a negative preference and second audio tracks not associated with the negative preference (In Fig 1A, of the playlist [100], the user can decide which music tracks are to be categorized through a “approval’ or ‘disapproval’ vote. If the user lets the track play to completion, the program interprets action as a approval vote. By contrast, if the user skips or interrupts the track then the program interpret as a disapproval vote. See para 32. A person of ordinary skill in the art would recognize the user’s preference data is based ratio of times a track was successfully played to the number times the track was accessed, see para 14);
and prevent selection of the first audio tracks from the available media items for playback when additional audio tracks are added to the playback queue, wherein selection of the second audio tracks is permitted (In Fig 1A, for filtering the playlist [100], the user can assign ‘weights’ (the threshold) for each specific region via a format template, where the user can input their parameters, see para 36. A person of ordinary skill in the art would recognize the tracks placed in the “retry’ region, based on the user’s preferences, the track might be never offered for playback again, see para 58.)
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 teachings of maintain a data structure representing available media items for playback, the available media items comprising first audio tracks associated with a negative preference and second audio tracks not associated with the negative preference and prevent selection of the first audio tracks from the available media items for playback when additional audio tracks are added to the playback queue, wherein selection of the second audio tracks is permitted as taught by Morse in Reimann’s invention. The motivation would have been to perform intelligent shuffling of tracks. In para 10, in Morse.
Regarding claim 2, Reimann teaches wherein the at least one non-transitory computer-readable medium (Fig 2A [206], memory, para 45) further comprises program instructions that are executable by the at least one processor (In Fig 5, readable instructions from Fig 4, via stored in computer readable medium are executed by the processor [512], see para 87) such that the computing device (Fig 1 [110], computing device, para 43) is configured to:
wherein the available media items comprise audio tracks stored in one or more shared network locations on the local area network (The audio content is stored on a computer/networked attached storage (NAS) to be accessed by the network (Fig 1 [108]), see para 63),
Reimann does not explicitly teach wherein and the data structure comprises an index, index the available media items, and wherein the indexed media items comprise the first audio tracks and the second audio tracks
Morse discloses wherein and the data structure comprises an index (In Fig 1B, the playlist [100], there is a identifier [122] and respective metadata [126] for each track and has a successful play percentage. This shows a measure of determining the user’s preference, see para 32), index the available media items (Corresponding metadata of the track are also tracked, para 32), and wherein the indexed media items comprise the first audio tracks and the second audio tracks (The indexed tracks sorted into categorizes, which are determined by user if they are approved [uninterrupted play] or disapproved [skipped/interrupted], see para 32).
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 teachings of wherein and the data structure comprises an index, index the available media items, and wherein the indexed media items comprise the first audio tracks and the second audio tracks as taught by Morse in Reimann’s invention. The motivation would have been to perform intelligent shuffling of tracks. In para 10, in Morse.
Regarding claim 3, Reimann teaches wherein the program instructions that are executable by the at least one processor (In Fig 5, readable instructions from Fig 4, via stored in computer readable medium are executed by the processor [512], see para 87) such that the computing device (Fig 1 [110], computing device, para 43) is configured to prevent selection of the first audio tracks for playback (In Fig 3, the compactor [304] compares audio tracks based on the playback conditions, see para 72. A person of ordinary skill in the art would recognize if the user set condition that would prevent a audio track from being played if it did not match the second audio track.) comprise program instructions that are executable by the at least one processor such that the computing device is configured to:
Reimann does not explicitly teach wherein the data structure comprises metadata of the available media items and determine, based on metadata of the first audio tracks represented in the index, that the negative preference is associated with the first audio tracks and exclude the first audio tracks from playback based on the determination.
Morse discloses wherein the data structure comprises metadata of the available media items (In Fig 1B, the playlist [100], there is a identifier [122] and respective metadata [126] for each track and has a successful play percentage. This shows a measure of determining the user’s preference, see para 32), and determine, based on metadata of the first audio tracks represented in the index, that the negative preference is associated with the first audio tracks (The indexed tracks sorted into categorizes, which are determined by user if they are approved [uninterrupted play] or disapproved [skipped/interrupted], see para 32); and exclude the first audio tracks from playback based on the determination (In Fig. 4, the smart shuffle program will sort the user’s preference metadata by their recent playback history. The filtered window [110] indicates which category the track is place. The tracks placed in the “retry’ region, based on the user’s preferences, the track might be never offered for playback again, see para 58. Note: the ‘retry’ region are skipped track, para 38).
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 teachings of wherein the data structure comprises metadata of the available media items and determine, based on metadata of the first audio tracks represented in the index, that the negative preference is associated with the first audio tracks and exclude the first audio tracks from playback based on the determination as taught by Morse in Reimann’s invention. The motivation would have been to perform intelligent shuffling of tracks. In para 10, in Morse.
Regarding claim 4, Reimann teaches wherein the data structure comprises a database (Fig 3 [308], database, para 69), and wherein the at least one non-transitory computer-readable medium (Fig 2A [206], memory, para 45) further comprises program instructions that are executable by the at least one processor (In Fig 5, readable instructions from Fig 4, via stored in computer readable medium are executed by the processor [512], see para 87) such that the computing device (Fig 1 [110], computing device, para 43) is configured to: add respective metadata corresponding to the available media items to the database (The metadata related to the artist, album, genre, etc; the user can tag specific tracks associated to metadata the user likes, and the detector [302] highlights the track and a “weight” will be assigned to said track upon its frequent playback. The heavily weighted tracks are added to the database. See para 71), wherein the available media items comprise audio tracks stored in one or more shared network locations on the local area network (In Fig 3, the database [308] is a storage structure comprising of a local storage memory for any of the zone players (Fig 1 [102-110]); which can also be assessable via the internet and/or a cloud as a network-based component. See para 69).
Regarding claim 5, Reimann teaches wherein the data structure comprises metadata of the media items (the track(s), or playlist [para 74] are tagged with metadata related to the user’s preference, para 71),and wherein the program instructions that are executable by the at least one processor (In Fig 5, readable instructions from Fig 4, via stored in computer readable medium are executed by the processor [512], see para 87) such that the computing device (Fig 1 [110], computing device, para 43) is configured to comprise program instructions that are executable by the at least one processor such that the computing device, based on respective metadata of the first audio tracks represented in the database (In Fig 3, the database [308] is a storage structure comprising of a local storage memory for any of the zone players (Fig 1 [102-110]). See para 69),
Reimann does not explicitly teach prevent selection of the first audio tracks for playback is configured to: determine that the negative preference is associated with the first audio tracks; and exclude the first audio tracks from playback based on the determination
Morse discloses prevent selection of the first audio tracks for playback (In Fig 1A, for filtering the playlist [100], the user can assign ‘weights’ (the threshold) for each specific region via a format template, where the user can input their parameters, see para 36. A person of ordinary skill in the art would recognize the tracks placed in the “retry’ region, based on the user’s preferences, the track might be never offered for playback again, see para 58) is configured to: Determine that the negative preference is associated with the first audio tracks (In Fig 1A, of the playlist [100], the user can decide which music tracks are to be categorized through a “approval’ or ‘disapproval’ vote. If the user lets the track play to completion, the program interprets action as a approval vote. By contrast, if the user skips or interrupts the track then the program interpret as a disapproval vote. See para 32); and exclude the first audio tracks from playback based on the determination (Those tracks that were interrupted were moved to the “retry” region, see para 58).
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 teachings of prevent selection of the first audio tracks for playback is configured to: determine that the negative preference is associated with the first audio tracks; and exclude the first audio tracks from playback based on the determination as taught by Morse in Reimann’s invention. The motivation would have been to perform intelligent shuffling of tracks. In para 10, in Morse.
Regarding claim 8, Reimann teaches wherein the one or more audio sources comprise one or more remote servers of at least one streaming audio service (Internet radio stations, shows, and podcasts may be accessed via the data network [108]. Specifically, music services that let a user stream & download music/audio content, which can be accessed. See para 63), wherein the computing device (Fig 1 [110], computing device, para 43) and the playback device are connected to the local area network, wherein the one or more remote servers are outside of the local area network (In Fig 1, the transmitted or relayed audio signal traverses a network [108], which may be a local area network (LAN), see para 42), and wherein the program instructions that are executable by the at least one processor (In Fig 5, readable instructions from Fig 4, executed by the processor [512], see para 87) such that the playback device is configured to stream the data representing the audio tracks from one or more audio sources (In Fig 1, a zone player will relay one or more signal received from a different zone play and transmit a signal to a second zone player, which will generate a corresponding signal for output through the hub network, see para 41) comprise program instructions that are executable by the at least one processor such that the playback device is configured to: stream, via the network interface over the Internet, data representing at least some of the audio tracks from the one or more remote servers of the at least one streaming audio service (As mentioned earlier, In Fig 1, zone players communicate via a data network [108, para 42), as well as stream audio [para 43]. The network can access music services to access audio content, see para 63).
Regarding claim 9, Reimann teaches wherein the at least one non-transitory computer-readable medium (Fig 2A [206], memory, para 45) further comprises program instructions that are executable by the at least one processor (In Fig 5, readable instructions from Fig 4, executed by the processor [512], see para 87) such that the computing device (Fig 1 [110], computing device, para 43) is configured to:
receive, via the network interface (Fig 2A [202], network interface, para 45) from a controller interface (Fig 2C [276], micro controller, which is connected to a input interface [278], para 45) on a control device, data representing additional negative preferences for one or more audio tracks the metadata is added by a user based on their preference, whether a certain song liked, best time of day, wake up song, etc, see para 71. A person of ordinary skill in the art would recognize that user would use the interface (Fig 2C [278]) to input the user’s preferences to be enacted, see para 57; and add the additional negative preferences for one or more audio tracks to the data structure ( A person of ordinary skill in the art would recognize that the user preferences to one or more audio tracks based on the metadata provided by the user [see para 71] and assign negative preferences via the controller [276])
Regarding claim 10, Reimann teaches wherein the program instructions that are executable by the at least one processor (In Fig 5, readable instructions from Fig 4, executed by the processor [512], see para 87) such that the computing device (Fig 1 [110], computing device, para 43) is configured to comprise program instructions that are executable by the at least one processor such that the computing device is configured to:
maintain the data structure representing available media items for playback in a data storage (In Fig 3, the audio track may be stored in a database [308], which includes a local storage memory in any of the zone players (Fig 1 [102 -110]), see para 69)accessible to the computing device via the local area network (In Fig 1, the transmitted or relayed audio signal traverses a network [108], which may be a local area network (LAN), see para 42).
Reimann does not explicitly teach maintain the data structure representing available media items for playback
Morse discloses maintain the data structure representing available media items for playback (the user’s preference data comprises of the user’s history of allowing tracks to either fully play or interrupt action, see para 14)
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 teachings of maintain the data structure representing available media items for playback as taught by Morse in Reimann’s invention. The motivation would have been to see. In Col 11 L33-35, in Morse.
Regarding claim 11, Reimann teaches at least one non-transitory computer-readable medium (Fig 2A [206], memory, para 45) comprising program instructions that are executable by at least one processor (In Fig 5, readable instructions from Fig 4, via stored in computer readable medium are executed by the processor [512], see para 87) such that a computing device (Fig 1 [110], computing device, para 43)is configured to: receive, via a network interface, a command to add a playlist of audio tracks to a playback queue of a playback device (In Fig 3, before presenting track(s) to the user, the system [300] may automatically play the track or place the track in a playlist or queue for playback. See para 82. Note: track and/or related track(s) are considered a playlist, see para 74);
add the playlist to the playback queue (As mentioned, the system adds the track into the queue for playback, para 82. A person of ordinary skill in the art would recognize the selector [310] selects up to multiple tracks (or playlist) to present to the user, see para 74, 82);
cause the playback device(Fig 1 [102, 104, 106], multi-media players and considered “zone players”, para 40) to play back the playback queue, wherein the program instructions that are executable by the at least one processor such that the playback device is configured to cause the playback device to play back the playback queue comprise program instructions that are executable by the at least one processor such that the playback device is configured to: stream, via the network interface, data representing the audio tracks from one or more audio sources (In Fig 1, a zone player will relay one or more signal received from a different zone play and transmit a signal to a second zone player, which will generate a corresponding signal for output through the hub network, see para 41. Note: the computing device or any device can receive streaming audio, see para 43);
and send, via the network interface over a local area network, audio data representing the audio tracks to the playback device for playback (In Fig 1, the transmitted or relayed audio signal traverses a network [108], which is coupled to all zone players, and the network may be a local area network (LAN), see para 42);
Reimann does not explicitly teach maintain a data structure representing available media items for playback, the available media items comprising first audio tracks associated with a negative preference and second audio tracks not associated with the negative preference and prevent selection of the first audio tracks from the available media items for playback when additional audio tracks are added to the playback queue, wherein selection of the second audio tracks is permitted
Morse discloses maintain a data structure representing available media items for playback (the user’s preference data comprises of the user’s history of allowing tracks to either fully play or interrupt action, see para 14), the available media items comprising first audio tracks associated with a negative preference and second audio tracks not associated with the negative preference (In Fig 1A, of the playlist [100], the user can decide which music tracks are to be categorized through a “approval’ or ‘disapproval’ vote. If the user lets the track play to completion, the program interprets action as a approval vote. By contrast, if the user skips or interrupts the track then the program interpret as a disapproval vote. See para 32. A person of ordinary skill in the art would recognize the user’s preference data is based ratio of times a track was successfully played to the number times the track was accessed, see para 14);
and prevent selection of the first audio tracks from the available media items for playback when additional audio tracks are added to the playback queue, wherein selection of the second audio tracks is permitted (In Fig 1A, for filtering the playlist [100], the user can assign ‘weights’ (the threshold) for each specific region via a format template, where the user can input their parameters, see para 36. A person of ordinary skill in the art would recognize the tracks placed in the “retry’ region, based on the user’s preferences, the track might be never offered for playback again, see para 58.)
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 teachings of maintain a data structure representing available media items for playback, the available media items comprising first audio tracks associated with a negative preference and second audio tracks not associated with the negative preference and prevent selection of the first audio tracks from the available media items for playback when additional audio tracks are added to the playback queue, wherein selection of the second audio tracks is permitted as taught by Morse in Reimann’s invention. The motivation would have been to perform intelligent shuffling of tracks. In para 10, in Morse.
Regarding claim 12, Reimann teaches wherein the at least one non-transitory computer-readable medium (Fig 2A [206], memory, para 45) further comprises program instructions that are executable by the at least one processor (In Fig 5, readable instructions from Fig 4, via stored in computer readable medium are executed by the processor [512], see para 87) such that the computing device (Fig 1 [110], computing device, para 43) is configured to:
wherein the available media items comprise audio tracks stored in one or more shared network locations on the local area network (The audio content is stored on a computer/networked attached storage (NAS) to be accessed by the network (Fig 1 [108]), see para 63),
Reimann does not explicitly teach wherein and the data structure comprises an index, index the available media items, and wherein the indexed media items comprise the first audio tracks and the second audio tracks
Morse discloses wherein and the data structure comprises an index (In Fig 1B, the playlist [100], there is a identifier [122] and respective metadata [126] for each track and has a successful play percentage. This shows a measure of determining the user’s preference, see para 32), index the available media items (Corresponding metadata of the track are also tracked, para 32), and wherein the indexed media items comprise the first audio tracks and the second audio tracks (The indexed tracks sorted into categorizes, which are determined by user if they are approved [uninterrupted play] or disapproved [skipped/interrupted], see para 32).
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 teachings of wherein and the data structure comprises an index, index the available media items, and wherein the indexed media items comprise the first audio tracks and the second audio tracks as taught by Morse in Reimann’s invention. The motivation would have been to perform intelligent shuffling of tracks. In para 10, in Morse.
Regarding claim 13, Reimann teaches wherein the program instructions that are executable by the at least one processor (In Fig 5, readable instructions from Fig 4, via stored in computer readable medium are executed by the processor [512], see para 87) such that the computing device (Fig 1 [110], computing device, para 43) is configured to prevent selection of the first audio tracks for playback (In Fig 3, the compactor [304] compares audio tracks based on the playback conditions, see para 72. A person of ordinary skill in the art would recognize if the user set condition that would prevent a audio track from being played if it did not match the second audio track.) comprise program instructions that are executable by the at least one processor such that the computing device is configured to:
Reimann does not explicitly teach wherein the data structure comprises metadata of the available media items and determine, based on metadata of the first audio tracks represented in the index, that the negative preference is associated with the first audio tracks and exclude the first audio tracks from playback based on the determination.
Morse discloses wherein the data structure comprises metadata of the available media items (In Fig 1B, the playlist [100], there is a identifier [122] and respective metadata [126] for each track and has a successful play percentage. This shows a measure of determining the user’s preference, see para 32), and determine, based on metadata of the first audio tracks represented in the index, that the negative preference is associated with the first audio tracks (The indexed tracks sorted into categorizes, which are determined by user if they are approved [uninterrupted play] or disapproved [skipped/interrupted], see para 32); and exclude the first audio tracks from playback based on the determination (In Fig. 4, the smart shuffle program will sort the user’s preference metadata by their recent playback history. The filtered window [110] indicates which category the track is place. The tracks placed in the “retry’ region, based on the user’s preferences, the track might be never offered for playback again, see para 58. Note: the ‘retry’ region are skipped track, para 38).
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 teachings of wherein the data structure comprises metadata of the available media items and determine, based on metadata of the first audio tracks represented in the index, that the negative preference is associated with the first audio tracks and exclude the first audio tracks from playback based on the determination as taught by Morse in Reimann’s invention. The motivation would have been to perform intelligent shuffling of tracks. In para 10, in Morse.
Regarding claim 14, Reimann teaches wherein the data structure comprises a database (Fig 3 [308], database, para 69), and wherein the at least one non-transitory computer-readable medium (Fig 2A [206], memory, para 45) further comprises program instructions that are executable by the at least one processor (In Fig 5, readable instructions from Fig 4, via stored in computer readable medium are executed by the processor [512], see para 87) such that the computing device (Fig 1 [110], computing device, para 43) is configured to: add respective metadata corresponding to the available media items to the database (The metadata related to the artist, album, genre, etc; the user can tag specific tracks associated to metadata the user likes, and the detector [302] highlights the track and a “weight” will be assigned to said track upon its frequent playback. The heavily weighted tracks are added to the database. See para 71), wherein the available media items comprise audio tracks stored in one or more shared network locations on the local area network (In Fig 3, the database [308] is a storage structure comprising of a local storage memory for any of the zone players (Fig 1 [102-110]); which can also be assessable via the internet and/or a cloud as a network-based component. See para 69).
Regarding claim 15, Reimann teaches wherein the data structure comprises metadata of the media items (the track(s), or playlist [para 74] are tagged with metadata related to the user’s preference, para 71),
and wherein the program instructions that are executable by the at least one processor (In Fig 5, readable instructions from Fig 4, via stored in computer readable medium are executed by the processor [512], see para 87) such that the computing device (Fig 1 [110], computing device, para 43) is configured to
comprise program instructions that are executable by the at least one processor such that the computing device, based on respective metadata of the first audio tracks represented in the database (In Fig 3, the database [308] is a storage structure comprising of a local storage memory for any of the zone players (Fig 1 [102-110]). See para 69),
Reimann does not explicitly teach prevent selection of the first audio tracks for playback is configured to: determine that the negative preference is associated with the first audio tracks; and exclude the first audio tracks from playback based on the determination
Morse discloses prevent selection of the first audio tracks for playback (In Fig 1A, for filtering the playlist [100], the user can assign ‘weights’ (the threshold) for each specific region via a format template, where the user can input their parameters, see para 36. A person of ordinary skill in the art would recognize the tracks placed in the “retry’ region, based on the user’s preferences, the track might be never offered for playback again, see para 58) is configured to: Determine that the negative preference is associated with the first audio tracks (In Fig 1A, of the playlist [100], the user can decide which music tracks are to be categorized through a “approval’ or ‘disapproval’ vote. If the user lets the track play to completion, the program interprets action as a approval vote. By contrast, if the user skips or interrupts the track then the program interpret as a disapproval vote. See para 32); and exclude the first audio tracks from playback based on the determination (Those tracks that were interrupted were moved to the “retry” region, see para 58).
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 teachings of prevent selection of the first audio tracks for playback is configured to: determine that the negative preference is associated with the first audio tracks; and exclude the first audio tracks from playback based on the determination as taught by Morse in Reimann’s invention. The motivation would have been to perform intelligent shuffling of tracks. In para 10, in Morse.
Regarding claim 17, Reimann teaches wherein the one or more audio sources comprise one or more remote servers of at least one streaming audio service, wherein the computing device (Fig 1 [110], computing device, para 43) and the playback device are connected to the local area network (In Fig 1, the transmitted or relayed audio signal traverses a network [108], which may be a local area network (LAN), see para 42),
and wherein the program instructions that are executable by the at least one processor (In Fig 5, readable instructions from Fig 4, via stored in computer readable medium are executed by the processor [512], see para 87) such that the playback device is configured to
stream the data representing the audio tracks from one or more audio sources (In Fig 1, a zone player will relay one or more signal received from a different zone play through the hub network, see para 41. Note: the computing device or any device can receive streaming audio, see para 43) comprise program instructions that are executable by the at least one processor such that the playback device is configured to:
Reimann does not explicitly disclose wherein the one or more remote servers are outside of the local area network, stream, via the network interface over the Internet, data representing at least some of the audio tracks from the one or more remote servers of the at least one streaming audio service
Boulter discloses wherein the one or more remote servers are outside of the local area network (Playlists from commercial and other radio stations in the US are made available so that playlist may adopt their respective metadata, see Col 25-28), stream, via the network interface over the Internet, data representing at least some of the audio tracks from the one or more remote servers of the at least one streaming audio service (the database [160] loads the history of all the songs played by user in last 30 days, the history loads a tread, then another database call is made get the data of subscribed songs from the radio station for specific request, see Col 6 L61-62, Col 7 L9-12).
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 teachings of wherein the one or more remote servers are outside of the local area network, stream, via the network interface over the Internet, data representing at least some of the audio tracks from the one or more remote servers of the at least one streaming audio service as taught by Boulter in Reimann’s invention. The motivation would have been to provide a personalized Internet, or data stream, radio. In Col 23-24, in Boulter.
Regarding claim 18, Reimann teaches wherein the one or more audio sources comprise one or more remote servers of at least one streaming audio service (Internet radio stations, shows, and podcasts may be accessed via the data network [108]. Specifically, music services that let a user stream & download music/audio content, which can be accessed. See para 63), wherein the computing device (Fig 1 [110], computing device, para 43) and the playback device are connected to the local area network, wherein the one or more remote servers are outside of the local area network (In Fig 1, the transmitted or relayed audio signal traverses a network [108], which may be a local area network (LAN), see para 42), and wherein the program instructions that are executable by the at least one processor (In Fig 5, readable instructions from Fig 4, executed by the processor [512], see para 87) such that the playback device is configured to stream the data representing the audio tracks from one or more audio sources (In Fig 1, a zone player will relay one or more signal received from a different zone play and transmit a signal to a second zone player, which will generate a corresponding signal for output through the hub network, see para 41) comprise program instructions that are executable by the at least one processor such that the playback device is configured to: stream, via the network interface over the Internet, data representing at least some of the audio tracks from the one or more remote servers of the at least one streaming audio service (As mentioned earlier, In Fig 1, zone players communicate via a data network [108, para 42), as well as stream audio [para 43]. The network can access music services to access audio content, see para 63).
Regarding claim 19, Reimann teaches wherein the program instructions that are executable by the at least one processor (In Fig 5, readable instructions from Fig 4, executed by the processor [512], see para 87) such that the computing device (Fig 1 [110], computing device, para 43) is configured to comprise program instructions that are executable by the at least one processor such that the computing device is configured to: maintain the data structure representing available media items for playback in a data storage (In Fig 3, the audio track may be stored in a database [308], which includes a local storage memory in any of the zone players (Fig 1 [102 -110]), see para 69)accessible to the computing device via the local area network (In Fig 1, the transmitted or relayed audio signal traverses a network [108], which may be a local area network (LAN), see para 42).
Reimann does not explicitly teach maintain the data structure representing available media items for playback
Morse discloses maintain the data structure representing available media items for playback (the user’s preference data comprises of the user’s history of allowing tracks to either fully play or interrupt action, see para 14)
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 teachings of maintain the data structure representing available media items for playback as taught by Morse in Reimann’s invention. The motivation would have been to see. In Col 11 L33-35, in Morse.
Regarding claim 20, Reimann teaches a computing device (Fig 1 [110], computing device, para 43), the method comprising:
receiving, via a network interface (Fig 2A [202], network interface, para 45), a command to add a playlist of audio tracks to a playback queue of a playback device (In Fig 3, before presenting track(s) to the user, the system [300] may automatically play the track or place the track in a playlist or queue for playback. See para 82. Note: track and/or related track(s) are considered a playlist, see para 74);
adding the playlist to the playback queue (As mentioned, the system adds the track into the queue for playback, para 82. A person of ordinary skill in the art would recognize the selector [310] selects up to multiple tracks (or playlist) to present to the user, see para 74, 82);
causing the playback device (Fig 1 [102, 104, 106], multi-media players and considered “zone players”, para 40) to play back the playback queue, wherein causing the playback device to play back the playback queue comprises:
streaming, via the network interface, data representing the audio tracks from one or more audio sources (In Fig 1, a zone player will relay one or more signal received from a different zone play and transmit a signal to a second zone player, which will generate a corresponding signal for output through the hub network, see para 41. Note: the computing device or any device can receive streaming audio, see para 43);
and sending, via the network interface over a local area network, audio data representing the audio tracks to the playback device for playback (In Fig 1, the transmitted or relayed audio signal traverses a network [108], which is coupled to all zone players, and the network may be a local area network (LAN), see para 42);
Reimann does not explicitly teach A method to be performed by maintaining a data structure representing available media items for playback, the available media items comprising first audio tracks associated with a negative preference and second audio tracks not associated with the negative preference; and preventing selection of the first audio tracks from the available media items for playback when additional audio tracks are added to the playback queue, wherein selection of the second audio tracks is permitted.
Morse discloses A method to be performed (In Fig 2, a filtering method is applied to the playlist, where it utilizes that smart shuffle mode and selection window, see para 40) by maintaining a data structure representing available media items for playback (the user’s preference data comprises of the user’s history of allowing tracks to either fully play or interrupt action, see para 14), the available media items comprising first audio tracks associated with a negative preference and second audio tracks not associated with the negative preference (In Fig 1A, of the playlist [100], the user can decide which music tracks are to be categorized through a “approval’ or ‘disapproval’ vote. If the user lets the track play to completion, the program interprets action as a approval vote. By contrast, if the user skips or interrupts the track then the program interpret as a disapproval vote. See para 32. A person of ordinary skill in the art would recognize the user’s preference data is based ratio of times a track was successfully played to the number times the track was accessed, see para 14);
and preventing selection of the first audio tracks from the available media items for playback when additional audio tracks are added to the playback queue, wherein selection of the second audio tracks is permitted (In Fig 1A, for filtering the playlist [100], the user can assign ‘weights’ (the threshold) for each specific region via a format template, where the user can input their parameters, see para 36. A person of ordinary skill in the art would recognize the tracks placed in the “retry’ region, based on the user’s preferences, the track might be never offered for playback again, see para 58.).
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 teachings of a method to be performed by maintaining a data structure representing available media items for playback, the available media items comprising first audio tracks associated with a negative preference and second audio tracks not associated with the negative preference; and preventing selection of the first audio tracks from the available media items for playback when additional audio tracks are added to the playback queue, wherein selection of the second audio tracks is permitted as taught by Morse in Reimann’s invention. The motivation would have been to perform intelligent shuffling of tracks. In para 10, in Morse.
Claims 6-7, 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Reimann (US Publication) 20130173034 A1 in view of Morese (US Publication) 20070025194 A1, in further view of Boulter (US Patent) 7711838 B1.
Regarding claim 6, Reimann teaches wherein the at least one non-transitory computer-readable medium (Fig 2A [206], memory, para 45) further comprises program instructions that are executable by the at least one processor (In Fig 5, readable instructions from Fig 4, executed by the processor [512], see para 87) such that the computing device (Fig 1 [110], computing device, para 43) is configured to: wherein the program instructions that are executable by the at least one processor such that the playback device is configured to comprise program instructions that are executable by the at least one processor such that the playback device is configured to:
Reimann does not explicitly disclose prevent selection of the first audio tracks for playback
Morse discloses prevent selection of the first audio tracks for playback (In Fig 1A, for filtering the playlist [100], the user can assign ‘weights’ (the threshold) for each specific region via a format template, where the user can input their parameters, see para 36. A person of ordinary skill in the art would recognize the tracks placed in the “retry’ region, based on the user’s preferences, the track might be never offered for playback again, see para 58.)
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 teachings of prevent selection of the first audio for playback as taught by Morse in Reimann’s invention. The motivation would have been to perform intelligent shuffling of tracks. In para 10, in Morse.
Reimann does not explicitly disclose add audio tracks of a radio station to the playback queue, prevent playback of the first audio tracks during playback of the radio station
Boulter discloses add audio tracks of a radio station to the playback queue (if song was chosen within legal boundaries, the songs from their respective artist/albums are incremented. The song is added to the final list of songs for the playlist and the order in which the song was picked for the playlist is marked, or noted, see Col 9 L65-67, Col 10 L1-3), prevent playback of the first audio tracks during playback of the radio station (If so, inspection is made to make sure that the song is not of type 'Excluded', or the song is discarded, see Col 7 para 64-65).
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 teachings of add audio tracks of a radio station to the playback queue, prevent playback of the first audio tracks during playback of the radio station as taught by Boulter in Reimann’s invention. The motivation would have been to provide a personalized Internet, or data stream, radio. In Col 23-24, in Boulter.
Regarding claim 7, Reimann teaches wherein the one or more audio sources comprise one or more remote servers of at least one streaming audio service, wherein the computing device (Fig 1 [110], computing device, para 43) and the playback device are connected to the local area network (In Fig 1, the transmitted or relayed audio signal traverses a network [108], which may be a local area network (LAN), see para 42), and wherein the program instructions that are executable by the at least one processor (In Fig 5, readable instructions from Fig 4, via stored in computer readable medium are executed by the processor [512], see para 87) such that the playback device is configured to stream the data representing the audio tracks from one or more audio sources (In Fig 1, a zone player will relay one or more signal received from a different zone play through the hub network, see para 41. Note: the computing device or any device can receive streaming audio, see para 43) comprise program instructions that are executable by the at least one processor such that the playback device is configured to:
Reimann does not explicitly disclose wherein the one or more remote servers are outside of the local area network, stream, via the network interface over the Internet, data representing at least some of the audio tracks from the one or more remote servers of the at least one streaming audio service
Boulter discloses wherein the one or more remote servers are outside of the local area network (Playlists from commercial and other radio stations in the US are made available so that playlist may adopt their respective metadata, see Col 25-28), stream, via the network interface over the Internet, data representing at least some of the audio tracks from the one or more remote servers of the at least one streaming audio service (the database [160] loads the history of all the songs played by user in last 30 days, the history loads a tread, then another database call is made get the data of subscribed songs from the radio station for specific request, see Col 6 L61-62, Col 7 L9-12).
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 teachings of wherein the one or more remote servers are outside of the local area network, stream, via the network interface over the Internet, data representing at least some of the audio tracks from the one or more remote servers of the at least one streaming audio service as taught by Boulter in Reimann’s invention. The motivation would have been to provide a personalized Internet, or data stream, radio. In Col 23-24, in Boulter.
Regarding claim 16, Reimann teaches wherein the at least one non-transitory computer-readable medium (Fig 2A [206], memory, para 45) further comprises program instructions that are executable by the at least one processor (In Fig 5, readable instructions from Fig 4, executed by the processor [512], see para 87) such that the computing device (Fig 1 [110], computing device, para 43) is configured to: wherein the program instructions that are executable by the at least one processor such that the playback device is configured to comprise program instructions that are executable by the at least one processor such that the playback device is configured to:
Reimann does not explicitly disclose prevent selection of the first audio tracks for playback
Morse discloses prevent selection of the first audio tracks for playback (In Fig 1A, for filtering the playlist [100], the user can assign ‘weights’ (the threshold) for each specific region via a format template, where the user can input their parameters, see para 36. A person of ordinary skill in the art would recognize the tracks placed in the “retry’ region, based on the user’s preferences, the track might be never offered for playback again, see para 58.)
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 teachings of prevent selection of the first audio for playback as taught by Morse in Reimann’s invention. The motivation would have been to perform intelligent shuffling of tracks. In para 10, in Morse.
Reimann does not explicitly disclose add audio tracks of a radio station to the playback queue, prevent playback of the first audio tracks during playback of the radio station
Boulter discloses add audio tracks of a radio station to the playback queue (if song was chosen within legal boundaries, the songs from their respective artist/albums are incremented. The song is added to the final list of songs for the playlist and the order in which the song was picked for the playlist is marked, or noted, see Col 9 L65-67, Col 10 L1-3), prevent playback of the first audio tracks during playback of the radio station (If so, inspection is made to make sure that the song is not of type 'Excluded', or the song is discarded, see Col 7 para 64-65).
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 teachings of add audio tracks of a radio station to the playback queue, prevent playback of the first audio tracks during playback of the radio station as taught by Boulter in Reimann’s invention. The motivation would have been to provide a personalized Internet, or data stream, radio. In Col 23-24, in Boulter.
Regarding claim 17, Reimann teaches wherein the one or more audio sources comprise one or more remote servers of at least one streaming audio service, wherein the computing device (Fig 1 [110], computing device, para 43) and the playback device are connected to the local area network (In Fig 1, the transmitted or relayed audio signal traverses a network [108], which may be a local area network (LAN), see para 42), and wherein the program instructions that are executable by the at least one processor (In Fig 5, readable instructions from Fig 4, via stored in computer readable medium are executed by the processor [512], see para 87) such that the playback device is configured to stream the data representing the audio tracks from one or more audio sources (In Fig 1, a zone player will relay one or more signal received from a different zone play through the hub network, see para 41. Note: the computing device or any device can receive streaming audio, see para 43) comprise program instructions that are executable by the at least one processor such that the playback device is configured to:
Reimann does not explicitly disclose wherein the one or more remote servers are outside of the local area network, stream, via the network interface over the Internet, data representing at least some of the audio tracks from the one or more remote servers of the at least one streaming audio service
Boulter discloses wherein the one or more remote servers are outside of the local area network (Playlists from commercial and other radio stations in the US are made available so that playlist may adopt their respective metadata, see Col 25-28), stream, via the network interface over the Internet, data representing at least some of the audio tracks from the one or more remote servers of the at least one streaming audio service (the database [160] loads the history of all the songs played by user in last 30 days, the history loads a tread, then another database call is made get the data of subscribed songs from the radio station for specific request, see Col 6 L61-62, Col 7 L9-12).
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 teachings of wherein the one or more remote servers are outside of the local area network, stream, via the network interface over the Internet, data representing at least some of the audio tracks from the one or more remote servers of the at least one streaming audio service as taught by Boulter in Reimann’s invention. The motivation would have been to provide a personalized Internet, or data stream, radio. In Col 23-24, in Boulter.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's
disclosure.
Evans (US Patent) US 7657337 B1 – interaction with radio station playlist
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARCUS A BARBOZA whose telephone number is (571)272-9626. The examiner can normally be reached Monday-Friday 7:30 am to 5 pm, Alternate Fridays: off.
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/MARCUS A BARBOZA/Examiner, Art Unit 2692
/CAROLYN R EDWARDS/Supervisory Patent Examiner, Art Unit 2692
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