DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
Receipt is acknowledged of certified copies of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file.
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 of this title, 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.
Claim 1, 3-4 and 14-16 are rejected under 35 U.S.C. 103 as being unpatentable over Hernandez U.S. Patent Application 20110054646 in view of Cohen U.S. Patent Application 20110137920.
Regarding claim 14, Hernandez discloses a map generation system (system 100) including a map generation device (Navigation System 120) and a map display device (Entertainment playback system 150) and comprising one or more processors (controller 110) that execute computer-executable instructions stored in memory (data memory 140), wherein the one or more processors execute the computer-executable instructions (paragraph [0010]: a computer readable medium may store instructions which are executable by a processor or controller in a music entertainment system, wherein when executed) to cause the map generation system to:
acquire music information about a music piece played by a music playback device and location information indicating a location where the music piece is played by the music playback device (paragraph [0030]: the system is initialized in step 610 and updates an internal database with the length of all the song in step 620; paragraph [0006]: a navigation system providing current map information including a present location… and a controller coupled with said navigation system and said music storage system for controlling playback of selected music pieces… wherein the controller receives information of a present location and a current zone type and selects an assigned playlist, wherein the navigation system further provides information about at least one of a distance or time to a next zone, and wherein the controller modifies the assigned playlist such that a transition to said next zone is timely synchronized with the ending of a music piece of the assigned playlist).
Hernandez discloses all the features with respect to claim 14 as outlined above. However, Hernandez fails to disclose generating a music playback map based on the music information and the location information; and displaying the generated music playback map.
Cohen discloses generating a music playback map based on the music information and the location information; and displaying the generated music playback map (paragraph [0052]: chart the location of the users upon a geographical map to create a music map, associate the songs being played by the users with their location on the map; paragraph [0094]: The resultant map is returned to the user and displayed on his screen, in FIG. 4; paragraph [0177]: the subscriber can receive location, speed and or distance information while listening to the music and with relation to the time frames of the music being played).
Therefore, it would have been obvious before the effective filing date of the claimed invention to combine Hernandez’s to display music map as taught by Cohen, to map the most popular songs upon a geographical map.
Claim 1 recites the functions of the apparatus recited in claim 14 as apparatus steps. Accordingly, the mapping of the prior art to the corresponding functions of the apparatus in claim 14 applies to the apparatus steps of claim 1.
Regarding claim 3, Hernandez as modified by Cohen discloses the map generation device according to claim 1, wherein the music playback device is provided in a vehicle (Hernandez’s paragraph [0004]: a music storing device that stores a plurality of music pieces and a navigation system for detecting the current position of the vehicle. Such a system uses a current position information and sensors for detecting environmental conditions, such as a location or weather, or time, to select a music piece).
Therefore, it would have been obvious before the effective filing date of the claimed invention to combine Hernandez’s to display music map as taught by Cohen, to map the most popular songs upon a geographical map.
Regarding claim 4, Hernandez as modified by Cohen discloses the map generation device according to claim 1, wherein the music playback device is constituted by a portable terminal (Hernandez’s paragraph [0002]: In many cars music can be played from an external portable media player or an onboard system).
Therefore, it would have been obvious before the effective filing date of the claimed invention to combine Hernandez’s to display music map as taught by Cohen, to map the most popular songs upon a geographical map.
Claim 15 recites the functions of the apparatus recited in claim 14 as method steps. Accordingly, the mapping of the prior art to the corresponding functions of the apparatus in claim 14 applies to the method steps of claim 15.
Claim 16 recites the functions of the apparatus recited in claim 14 as medium steps. Accordingly, the mapping of the prior art to the corresponding functions of the apparatus in claim 14 applies to the medium steps of claim 16.
Claim 2, 5-6, 9 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Hernandez U.S. Patent Application 20110054646 in view of Cohen U.S. Patent Application 20110137920, and further in view of Lynch U.S. Patent Application 20170154109.
Regarding claim 2, Hernandez as modified by Cohen discloses acquire time information indicating a time instant at which the music piece is played by the music playback device; and generate the music playback map (Cohen’s paragraph [0177]: the subscriber can receive location, speed and or distance information while listening to the music and with relation to the time frames of the music being played; paragraph [0008]: track what music is being played at various locations at a given time; paragraph [0052]: chart the location of the users upon a geographical map to create a music map, associate the songs being played by the users with their location on the map). However, Hernandez as modified by Cohen fails to disclose generating the music playback map based further on the time information.
Lynch discloses generating the music playback map based further on the time information (paragraph [0099]: it allows for users to interact with the music or other audio metadata tracked and displayed on the music map by rating the metadata; [0100] it provides a mechanism whereby such location-based metadata can be aggregated (by time, by user ID, by genre) to provide a real-time analysis of what music or audio is the most played in a location over a defined period and what the most recently played music or other audio metadata is in a given location).
Therefore, it would have been obvious before the effective filing date of the claimed invention to combine Hernandez and Cohen’s to display music map by time as taught by Lynch, to locate and notify a user of the music or audio metadata.
Regarding claim 5, Hernandez as modified by Cohen and Lynch discloses the map generation device according to claim 1, wherein the one or more processors cause the map generation device to generate the music playback map for each music piece (Lynch’s paragraph [0041]: FIG. 15 is an example of the music map on the application when a user has clicked on a specific song that has been played and tracked within the area queried; Cohen’s paragraph [0104]: The user 144 has asked to show a music map 110 showing the geographical location of users playing music near him. Trend-setters 146a, 146b, 146c, 146d are marked as icons wearing headphones, and other users appear as icons of people 150. A user may click on any icon to view the identity of the user, and to view the music he is listening to or has recently heard).
Therefore, it would have been obvious before the effective filing date of the claimed invention to combine Hernandez and Cohen’s to display music map by time as taught by Lynch, to locate and notify a user of the music or audio metadata.
Regarding claim 6, Hernandez as modified by Cohen and Lynch discloses the map generation device according to claim 2, wherein the one or more processors cause the map generation device to generate the music playback map at every time instant (Lynch’s paragraph [0099]: it allows for users to interact with the music or other audio metadata tracked and displayed on the music map by rating the metadata; paragraph [0100]: it provides a mechanism whereby such location-based metadata can be aggregated (by time, by user ID, by genre) to provide a real-time analysis of what music or audio is the most played in a location over a defined period and what the most recently played music or other audio metadata is in a given location; Cohen’s paragraph [0052]: chart the location of the users upon a geographical map to create a music map, associate the songs being played by the users with their location on the map).
Therefore, it would have been obvious before the effective filing date of the claimed invention to combine Hernandez and Cohen’s to display music map by time as taught by Lynch, to locate and notify a user of the music or audio metadata.
Regarding claim 9, Hernandez as modified by Cohen and Lynch discloses the map generation device according to claim 1, wherein the music information includes information indicating a keyword included in lyrics or a title of the music piece (Lynch’s paragraph [0061]: The content ID in step 2 holds data that uniquely identifies the content being played (e.g. the music or audio metadata). In some embodiments, the field holds data that indicates a name of the content and a name of an artist who generated the content, such as song title and singer name); and
the one or more processors cause the map generation device to generate the music playback map according to the keyword (Lynch’s paragraph [0041]: FIG. 15 is an example of the music map on the application when a user has clicked on a specific song that has been played and tracked within the area queried; Cohen’s paragraph [0052]: chart the location of the users upon a geographical map to create a music map, associate the songs being played by the users with their location on the map).
Therefore, it would have been obvious before the effective filing date of the claimed invention to combine Hernandez and Cohen’s to display music map by time as taught by Lynch, to locate and notify a user of the music or audio metadata.
Regarding claim 13, Hernandez as modified by Cohen and Lynch discloses the map generation device according to claim 1, wherein the one or more processors cause the map generation device to add trend information associated with the music piece at each location to the music playback map (Lynch’s paragraph [0086]: if a user chooses the area of San Francisco, as their stated location preference, the present invention provides the user with a textual list of what the most played songs are within that stated preference... allows for the creation of bespoke charts for both the latest trending songs in an area and the most played songs in an area).
Therefore, it would have been obvious before the effective filing date of the claimed invention to combine Hernandez and Cohen’s to display music map by time as taught by Lynch, to locate and notify a user of the music or audio metadata.
Claim 7 and 10-12 are rejected under 35 U.S.C. 103 as being unpatentable over Hernandez U.S. Patent Application 20110054646 in view of Cohen U.S. Patent Application 20110137920, and further in view of Skeen U.S. Patent Application 20160110659.
Regarding claim 7, Hernandez as modified by Cohen discloses generating the music playback map (Cohen’s paragraph [0052]: chart the location of the users upon a geographical map to create a music map, associate the songs being played by the users with their location on the map). However, Hernandez as modified by Cohen fails to disclose information indicating a genre of the music piece, and generate the music playback map for each genre.
Skeen discloses information indicating a genre of the music piece (paragraph [0618]: database information may include... [0621] music genre information), and
generate the music playback map for each genre (paragraph [0535]: when a genre and/or hometown station is viewed in map view, at least one artist's hometown is plotted on a map).
Therefore, it would have been obvious before the effective filing date of the claimed invention to combine Hernandez and Cohen’s to display genre map view as taught by Skeen, to selectively display information according to the user's viewing preferences.
Regarding claim 10, Hernandez as modified by Cohen and Skeen discloses the map generation device according to claim 1, wherein the music information includes information indicating a genre of the music piece (Skeen’s paragraph [0618]: database information may include... [0621] music genre information), and
the one or more processors cause the map generation device to superimpose activity schedule information on the music playback map, the activity schedule information being related to an activity schedule of a musician associated with the genre (Skeen’s paragraph [0535]: when a genre and/or hometown station is viewed in map view, at least one artist's hometown is plotted on a map; paragraph [0549]: The station's venue and/or artist search results overlaid on that map, with associated playable links; Cohen’s paragraph [0181]: participating by the subscribers in a social network dedicated to the artist and locating subscribers on music maps and enabling the managers to plan activities).
Therefore, it would have been obvious before the effective filing date of the claimed invention to combine Hernandez and Cohen’s to display genre map view as taught by Skeen, to selectively display information according to the user's viewing preferences.
Regarding claim 11, Hernandez as modified by Cohen and Skeen discloses the map generation device according to claim 1, wherein the one or more processors cause the map generation device to superimpose activity schedule information on the music playback map, the activity schedule information being related to an activity schedule of a musician of the music piece (Skeen’s paragraph [0535]: when a genre and/or hometown station is viewed in map view, at least one artist's hometown is plotted on a map; paragraph [0549]: The station's venue and/or artist search results overlaid on that map, with associated playable links; Cohen’s paragraph [0181]: participating by the subscribers in a social network dedicated to the artist and locating subscribers on music maps and enabling the managers to plan activities).
Therefore, it would have been obvious before the effective filing date of the claimed invention to combine Hernandez and Cohen’s to display genre map view as taught by Skeen, to selectively display information according to the user's viewing preferences.
Regarding claim 12, Hernandez as modified by Cohen and Skeen discloses the map generation device according to claim 1, wherein the one or more processors cause the map generation device to add ranking information to the music playback map, the ranking information indicating a ranking of a play count of the music piece at each location (Skeen’s paragraph [0597]: Rankings may be generated and/or updated manually, automatically, and/or programmatically via data gathered from statistics and analytics relating to artist and user actions, such as ‘track play count’).
Therefore, it would have been obvious before the effective filing date of the claimed invention to combine Hernandez and Cohen’s to display genre map view as taught by Skeen, to selectively display information according to the user's viewing preferences.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Hernandez U.S. Patent Application 20110054646 in view of Cohen U.S. Patent Application 20110137920, and further in view of Kuwahara U.S. Patent Application 20120157129.
Regarding claim 8, Hernandez as modified by Cohen discloses generating the music playback map (Cohen’s paragraph [0052]: chart the location of the users upon a geographical map to create a music map, associate the songs being played by the users with their location on the map). However, Hernandez as modified by Cohen fails to disclose colored according to a play count, which is the number of times the music piece is played.
Kuwahara discloses colored according to a play count, which is the number of times the music piece is played (paragraph [0033]: output a map in which the predetermined regions into which the map is divided based on an indicator are classified by color according to the communication counts counted for respective predetermined regions; Kuwahara’s teaching of color according to the communication counts can be combined with Hernandez and Cohen’s devices, such that to color according to a music play count).
Therefore, it would have been obvious before the effective filing date of the claimed invention to combine Hernandez and Cohen’s to color according to count as taught by Kuwahara, to facilitate data communication.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Yi Yang whose telephone number is (571)272-9589. The examiner can normally be reached on Monday-Friday 9:00 AM-6:00 PM EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Daniel Hajnik can be reached on 571-272-7642. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/YI YANG/
Primary Examiner, Art Unit 2616
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