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 .
DETAILED ACTION
1. This is a first non-final Office Action on the merits for application 19105681. Claims 1-20 are pending examination.
Information Disclosure Statement
2. The information disclosure statement (IDS) submitted on 02/21/2025-09/08/2025 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 § 101
3. 35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
Claim(s) 17 is/are drawn to method (i.e., a process), claim(s) 17, and 20 is/are drawn to a system (i.e., a machine/manufacture). As such, claims 1, 17, and 20 is/are drawn to one of the statutory categories of invention.
Claims 1-20 are directed to displaying an advertisement on the display device of the vehicle based on detection of an audio received from the pcm data stored in the audio buffer and a cloud server. Specifically, claim(s) 1, 17, and 20 recite(s) generates audio information including a feature of a sound signal output; and transmit the generated audio information, requests advertisement information including point-of- interest (POI) information of an audio advertisement corresponding to the audio information in response to the transmitted audio information, and controls, when the advertisement information is received by the request, display content included in the POI information and the received advertisement information, which is grouped within the Methods Of Organizing Human Activity and is similar to the concept of (commercial or legal interactions including agreements in the form of contracts, legal obligations, advertising, marketing or sales activities or behaviors business relations) grouping of abstract ideas in prong one of step 2A of the Alice/Mayo test (See 2019 Revised Patent Subject Matter Eligibility Guidance, 84 Fed. Reg. 50, 52, 54 (January 7, 2019)). Accordingly, the claims recite an abstract idea (See pages 7, 10, Alice Corporation Pty. Ltd. v. CLS Bank International, et al., US Supreme Court, No. 13-298, June 19, 2014; 2019 Revised Patent Subject Matter Eligibility Guidance, 84 Fed. Reg. 50, 53-54 (January 7, 2019)).
The Claim limitations are listed under Methods Of Organizing Human Activity,
generates audio information including a feature of a sound signal output; and transmit the generated audio information, requests advertisement information including point-of- interest (POI) information of an audio advertisement corresponding to the audio information in response to the transmitted audio information, and controls, when the advertisement information is received by the request, display content included in the POI information and the received advertisement information; which is similar to the concept of (advertising, marketing or sales activities or behaviors business relations),
generates audio information including a feature of a sound signal output; and transmit the generated audio information, requests advertisement information including point-of- interest (POI) information of an audio advertisement corresponding to the audio information in response to the transmitted audio information; which is similar to the concept of (advertising, marketing or sales activities or behaviors business relations),
controls, when the advertisement information is received by the request, display content included in the POI information and the received advertisement information; which is similar to the concept of (advertising, marketing or sales activities or behaviors business relations).
This judicial exception is not integrated into a practical application because, when analyzed under prong two of step 2A of the Alice/Mayo test (See 2019 Revised Patent Subject Matter Eligibility Guidance, 84 Fed. Reg. 50, 54-55 (January 7, 2019)), the additional element(s) of the claim(s) such as advertisement information provision device, device, detection unit, pulse code modulation pcm, buffer, sound output unit, processor, communication unit, cloud server, interface unit, display, vehicle merely use(s) a computer as a tool to perform an abstract idea and/or generally link(s) the use of a judicial exception to a particular technological environment. Specifically, the advertisement information provision device, device, detection unit, pulse code modulation pcm, buffer, sound output unit, processor, communication unit, cloud server, interface unit, display, vehicle perform(s) the steps or functions of generates audio information including a feature of a sound signal output; and transmit the generated audio information, requests advertisement information including point-of- interest (POI) information of an audio advertisement corresponding to the audio information in response to the transmitted audio information, and controls, when the advertisement information is received by the request, display content included in the POI information and the received advertisement information. The use of a processor/computer as a tool to implement the abstract idea and/or generally linking the use of the abstract idea to a particular technological environment does not integrate the abstract idea into a practical application because it requires no more than a computer performing functions that correspond to acts required to carry out the abstract idea. The additional elements do not involve improvements to the functioning of a computer, or to any other technology or technical field (MPEP 2106.05(a)), the claims do not apply or use the abstract idea to effect a particular treatment or prophylaxis for a disease or medical condition (Vanda Memo), the claims do not apply the abstract idea with, or by use of, a particular machine (MPEP 2106.05(b)), the claims do not effect a transformation or reduction of a particular article to a different state or thing (MPEP 2106.05(c)), and the claims do not apply or use the abstract idea in some other meaningful way beyond generally linking the use of the abstract idea to a particular technological environment, such that the claim as a whole is more than a drafting effort designed to monopolize the exception (MPEP 2106.05(e) and Vanda Memo). Therefore, the claims do not, for example, purport to improve the functioning of a computer. Nor do they effect an improvement in any other technology or technical field. Accordingly, the additional elements do not impose any meaningful limits on practicing the abstract idea, and the claims are directed to an abstract idea.
The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because, when analyzed under step 2B of the Alice/Mayo test (See 2019 Revised Patent Subject Matter Eligibility Guidance, 84 Fed. Reg. 50, 52, 56 (January 7, 2019)), the additional element(s) of using a advertisement information provision device, device, detection unit, pulse code modulation pcm, buffer, sound output unit, processor, communication unit, cloud server, interface unit, display, vehicle to perform the steps amounts to no more than using a computer or processor to automate and/or implement the abstract idea of displaying an advertisement on the display device of the vehicle based on detection of an audio received from the pcm data stored in the audio buffer and a cloud server. As discussed above, taking the claim elements separately, the advertisement information provision device, device, detection unit, pulse code modulation pcm, buffer, sound output unit, processor, communication unit, cloud server, interface unit, display, vehicle perform(s) the steps or functions of generates audio information including a feature of a sound signal output; and transmit the generated audio information, requests advertisement information including point-of- interest (POI) information of an audio advertisement corresponding to the audio information in response to the transmitted audio information, and controls, when the advertisement information is received by the request, display content included in the POI information and the received advertisement information. These functions correspond to the actions required to perform the abstract idea. Viewed as a whole, the combination of elements recited in the claims merely recite the concept of displaying an advertisement on the display device of the vehicle based on detection of an audio received from the pcm data stored in the audio buffer and a cloud server. Therefore, the use of these additional elements does no more than employ the computer as a tool to automate and/or implement the abstract idea. The use of a computer or processor to merely automate and/or implement the abstract idea cannot provide significantly more than the abstract idea itself (MPEP 2106.05(I)(A)(f) & (h)). Therefore, the claim is not patent eligible.
As for dependent claims 2-16, 18 and 19 further describe the abstract idea of displaying an advertisement on the display device of the vehicle based on detection of an audio received from the pcm data stored in the audio buffer and a cloud server. Claim(s) 2-16, 18 and 19 does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because, when analyzed under step 2B of the Alice/Mayo test (See 2019 Revised Patent Subject Matter Eligibility Guidance, 84 Fed. Reg. 50, 52, 56 (January 7, 2019)), the additional element(s) of using a advertisement information provision device, device, detection unit, pulse code modulation pcm, buffer, sound output unit, processor, communication unit, cloud server, interface unit, display, vehicle to perform the steps amounts to no more than using a computer or processor to automate and/or implement the abstract idea of displaying an advertisement on the display device of the vehicle based on detection of an audio received from the pcm data stored in the audio buffer and a cloud server. As discussed above, taking the claim elements separately, the advertisement information provision device, device, detection unit, pulse code modulation pcm, buffer, sound output unit, processor, communication unit, cloud server, interface unit, display, vehicle perform(s) the steps or functions of when a driving path is set, at least one advertisement information whose location corresponding to the POI information is located within a preset distance from a point on the driving path from among advertisement information items received, and display the POI information and content included in the detected advertisement information on the display along with the driving path; detects at least one of advertisement information items received based on the result of detecting the passenger, and controls the interface unit so as to display the POI information and content included in the detected advertisement information; advertisement information items received based on a result of comparing advertisement subjects included in a passenger profile corresponding to the result of detecting the passenger with an advertisement subject of each of the advertisement information items received, and wherein the passenger profile comprises preferred advertisement subjects according to the passenger's gender and age group; wherein the processor generates, when advertisement subjects preferred by a specific passenger are learned, a customized passenger profile that includes the learned advertisement subjects, and detects, as the result of detecting the passenger, when the detected passenger is the specific passenger, at least one of the advertisement information items received based on the customized passenger profile, and wherein the advertisement subjects preferred by the specific passenger are learned based on a place visited by the specific passenger above a predetermined number of times; wherein the audio information comprises audio fingerprint information corresponding to a feature of the sound signal, and wherein the audio fingerprint information is a PCM pattern analyzed from at least some of the samples of the PCM data sampled at regular time intervals; collect information on a time at which the PCM data is received and an application controlling the sound output unit when the PCM data is received, and transmits the audio fingerprint information and the information of the collected time and application as the audio information to the cloud server, and wherein detects audio advertisements corresponding to the audio fingerprint information, retrieves one audio advertisement from among the detected audio advertisements according to the information of the collected time and application as an audio advertisement corresponding to the audio information, and transmits advertisement information corresponding to the retrieved audio advertisement in response to the transmission of the audio information; wherein the information of the application comprises at least one of information on a radio program, a radio channel, and a radio frequency broadcast through the application; wherein the advertisement information comprises POI information including a name and location of a store, shop, or business providing a service corresponding to an audio advertisement corresponding to the audio information, and at least one graphic object representing information on the service corresponding to the audio advertisement; an advertisement information identification unit that identifies an audio advertisement corresponding to the audio information, requests advertisement information on a specific audio advertisement identified based on the audio information, and receives the advertisement information in response to the request; wherein the advertisement information identification unit comprises audio fingerprint information items on a plurality of different audio advertisements as comparison data, and identifies a specific audio advertisement corresponding to the feature of the sound signal by comparing the feature of the sound signal included in the audio information with the audio fingerprint information items included in the comparison data; wherein the respective audio fingerprint information items are PCM patterns obtained by sampling PCM data corresponding to each audio advertisement at regular time intervals, and analyzing from at least some of the sampled PCM data items, and wherein the feature of the sound signal is a PCM pattern analyzed from at least some of the samples of PCM data sampled at regular time intervals from the PCM data stored in the audio buffer of the sound output; updates the comparison data based on update data provided, and when a new audio advertisement is added, audio fingerprint information corresponding to the newly added audio advertisement to the advertisement information provision device as the update data; display POI information and content of advertisement information received; display POI information and content of advertisement information whose validity period has not expired based on a current date and time on the display; wherein the advertisement information provision transmits a location acquired from along with the audio information, wherein a location of a store providing a service of an audio advertisement corresponding to the audio information with the location, retrieves, when the location of the store does not match the location, a store matching the location from among other stores providing the service of the audio advertisement, and provides advertisement information including POI information corresponding to the retrieved store to the advertisement information provision in response to the transmitted audio information, and wherein the location is information on a predetermined region where is located These functions correspond to the actions required to perform the abstract idea. Viewed as a whole, the combination of elements recited in the claims merely recite the concept of displaying an advertisement on the display device of the vehicle based on detection of an audio received from the pcm data stored in the audio buffer and a cloud server. Therefore, the use of these additional elements does no more than employ the computer as a tool to automate and/or implement the abstract idea. The use of a computer or processor to merely automate and/or implement the abstract idea cannot provide significantly more than the abstract idea itself (MPEP 2106.05(I)(A)(f) & (h)). Therefore, the claim is not patent eligible.
Claim Rejections - 35 USC § 103
4. In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
A. Claim(s) 1-2, and 6-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Modi, (U.S. Patent Application Publication No. 20200044757) in view of Lee et al., (U.S. Patent Application Publication No. 20110305343).
As to Claim 1, Modi teaches an advertisement information provision device (0019-0020, and 0035: a vehicle-based media system includes (a) receiving audio content; (b) causing one or more speakers to output the received audio content; (c) using a microphone of the vehicle-based media system to capture the output audio content; (d) identifying reference audio content that has at least a threshold extent of similarity with the captured audio content; (e) identifying a geographic location associated with the identified reference audio content; and (f) based at least on the identified geographic location associated with the identified reference audio content, outputting, via the user interface of the vehicle-based media system, a prompt to navigate to the identified geographic location.), the device comprising: a communication unit that communicates with a cloud server; (0028, 0031, 0034, 0036, 0042, 0044, and 0061: Computing device 100 includes communication interface 106, which may be wired or wireless. The system later communicates audio fingerprint information to a network server.),an interface unit disposed to perform a communication connection with a sound output unit and a display in a vehicle; (0028, 0032, and 0034: Computing device 100 includes communication interface 106, which may be wired or wireless. The system later communicates audio fingerprint information to a network server.),an audio detection unit (0022-0023, 0037, 0039-0042, and 0057-0061: Computing device 100 includes communication interface 106, which may be wired or wireless. The system later communicates audio fingerprint information to a network server.) that receives pulse code modulation (PCM) data stored in an audio buffer of the sound output unit (0060-0063, and claim 19: receives pulse code modulation (PCM) data stored in an audio buffer of the sound output unit through the interface unit, Restored digital PCM data is output to first and second audio output buffers 624/624, The PCM in the audio output buffers is subsequently supplied to audio codec unit 223, which converts it into an audio output signal, Codec 223 converts digital PCM into analog PCM/audio output signal and outputs it), through the interface unit (0022, 0037-0040, 0058-0059: The reference captures output audio, principally using a microphone.), and generates audio information including a feature of a sound signal output from the sound output unit; and (0020, 0023, 0036, 0041-0042, and 0061: System generates an audio fingerprint representing advertisement audio that is being output/received.),a processor that controls the communication unit to transmit the generated audio information to the cloud server (0042 and 0061: In real time, the vehicle system generates query audio fingerprint data and transmits it to a server for analysis.), requests advertisement information including point-of-interest (POI) information of an audio advertisement corresponding to the audio information (0036, 0041-0043, and 0061-0063: In real time, the vehicle system generates query audio fingerprint data and transmits it to a server for analysis.) in response to the transmitted audio information from the cloud server and controls (0042-0044: Server has geographic-location data associated with known advertisements, including business locations, addresses, and GPS coordinates… 0043-0044: (0042-0044: Server has geographic-location data associated with known advertisements, including business locations, addresses, and GPS coordinates), when the advertisement information is received from the cloud server by the request, the interface unit so as to display content included in the POI information (0044, 0046, 0049, and 0064: Server has geographic-location data associated with known advertisements, including business locations, addresses, and GPS coordinates.) and the received advertisement information on the display of the vehicle; (0025-0026, 0035, 0046-0049, 0052, 0053, 0061, 0064-0065: (0042-0044: System displays the geographic location associated with the advertisement, nearby business locations, navigation prompts/routes, and advertisement-related content.).
Modi does not explicitly teaches receives pulse code modulation (PCM) data stored in an audio buffer of the sound output unit.
However Lee teaches receives pulse code modulation (PCM) data stored in an audio buffer of the sound output unit (0060-0063, and claim 19: receives pulse code modulation (PCM) data stored in an audio buffer of the sound output unit through the interface unit, Restored digital PCM data is output to first and second audio output buffers 624/624, The PCM in the audio output buffers is subsequently supplied to audio codec unit 223, which converts it into an audio output signal, Codec 223 converts digital PCM into analog PCM/audio output signal and outputs it).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Modi to include receives pulse code modulation (PCM) data stored in an audio buffer of the sound output unit of Lee. Motivation to do so comes from the knowledge well known in the art that receives pulse code modulation (PCM) data stored in an audio buffer of the sound output unit would provide more data that would help in determining a content or advertisement that the user would review and engage with such advertisement and that would promote an increase in the sales and would therefore make the method/system more profitable.
As to Claim 2, Modi and Lee teach the device of claim 1.
Modi further teaches wherein the processor detects, when a driving path of the vehicle is set, at least one advertisement information whose location corresponding to the POI information is located within a preset distance from a point on the driving path from among advertisement information items received from the cloud server, and controls the interface unit so as to display the POI information and content included in the detected advertisement information on the display along with the driving path; (0042-0044: Server has geographic-location data associated with known advertisements, including business locations, addresses, and GPS coordinates… 0043-0044: (0042-0044: Server has geographic-location data associated with known advertisements, including business locations, addresses, and GPS coordinates… 0042-0044: System displays the geographic location associated with the advertisement, nearby business locations, navigation prompts/routes, and advertisement-related content).
As to Claim 6, Modi and Lee teach the device of claim 1.
Lee further teaches wherein the audio information comprises audio fingerprint information corresponding to a feature of the sound signal, and wherein the audio fingerprint information is a PCM pattern analyzed from at least some of the samples of the PCM data sampled at regular time intervals; (0060-0063, and claim 19: receives pulse code modulation (PCM) data stored in an audio buffer of the sound output unit through the interface unit, Restored digital PCM data is output to first and second audio output buffers 624/624, The PCM in the audio output buffers is subsequently supplied to audio codec unit 223, which converts it into an audio output signal, Codec 223 converts digital PCM into analog PCM/audio output signal and outputs it).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Modi to include wherein the audio information comprises audio fingerprint information corresponding to a feature of the sound signal, and wherein the audio fingerprint information is a PCM pattern analyzed from at least some of the samples of the PCM data sampled at regular time intervals of Lee. Motivation to do so comes from the knowledge well known in the art that wherein the audio information comprises audio fingerprint information corresponding to a feature of the sound signal, and wherein the audio fingerprint information is a PCM pattern analyzed from at least some of the samples of the PCM data sampled at regular time intervals would provide more data that would help in determining a content or advertisement that the user would review and engage with such advertisement and that would promote an increase in the sales and would therefore make the method/system more profitable.
As to Claim 7, Modi and Lee teach the device of claim 6.
Lee further teaches wherein the processor controls the audio detection unit to further collect information on a time at which the PCM data is received and an application controlling the sound output unit when the PCM data is received, and transmits the audio fingerprint information and the information of the collected time and application as the audio information to the cloud server, and wherein the cloud server detects audio advertisements corresponding to the audio fingerprint information, retrieves one audio advertisement from among the detected audio advertisements according to the information of the collected time and application as an audio advertisement corresponding to the audio information, and transmits advertisement information corresponding to the retrieved audio advertisement in response to the transmission of the audio information; (0060-0063, and claim 19).
As to Claim 8, Modi and Lee teach the device of claim 7.
Modi further teaches wherein the information of the application comprises at least one of information on a radio program, a radio channel, and a radio frequency broadcast through the application; (0004: Vehicle-based media systems can receive media content to be presented to an occupant of a vehicle. For example, a vehicle-based media system can include an antenna configured to receive a radio signal, such as a satellite radio signal or a terrestrial radio signal, that is carrying audio content, and the vehicle-based media system can output the audio content through one or more speakers located within the vehicle).
As to Claim 9, Modi and Lee teach the device of claim 1.
Modi further teaches wherein the advertisement information comprises POI information including a name and location of a store, shop, or business providing a service corresponding to an audio advertisement corresponding to the audio information, and at least one graphic object representing information on the service corresponding to the audio advertisement; (See Fig. 2A-3C).
As to Claim 10, Modi and Lee teach the device of claim 1.
Modi further teaches further comprises: an advertisement information identification unit that identifies an audio advertisement corresponding to the audio information, wherein the processor requests advertisement information on a specific audio advertisement identified based on the audio information from the cloud server, and receives the advertisement information from the cloud server in response to the request; (0042-0044: Server has geographic-location data associated with known advertisements, including business locations, addresses, and GPS coordinates… 0043-0044: (0042-0044: Server has geographic-location data associated with known advertisements, including business locations, addresses, and GPS coordinates).
As to Claim 11, Modi and Lee teach the device of claim 10.
Modi further teaches wherein the advertisement information identification unit comprises audio fingerprint information items on a plurality of different audio advertisements as comparison data, and identifies a specific audio advertisement corresponding to the feature of the sound signal by comparing the feature of the sound signal included in the audio information with o the audio fingerprint information items included in the comparison data; (0028, 0031, 0034, 0036, 0042, 0044, and 0061: Computing device 100 includes communication interface 106, which may be wired or wireless. The system later communicates audio fingerprint information to a network server.).
As to Claim 12, Modi and Lee teach the device of claim 11.
Modi further teaches wherein the respective audio fingerprint information items are PCM patterns obtained by sampling PCM data corresponding to each audio advertisement at regular time intervals, and analyzing from at least some of the sampled PCM data items, and wherein the feature of the sound signal is a PCM pattern analyzed from at least some of the samples of PCM data sampled at regular time intervals from the PCM data stored in the audio buffer of the sound output unit; (0060-0063, and claim 19: receives pulse code modulation (PCM) data stored in an audio buffer of the sound output unit through the interface unit, Restored digital PCM data is output to first and second audio output buffers 624/624, The PCM in the audio output buffers is subsequently supplied to audio codec unit 223, which converts it into an audio output signal, Codec 223 converts digital PCM into analog PCM/audio output signal and outputs it).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Modi to include wherein the respective audio fingerprint information items are PCM patterns obtained by sampling PCM data corresponding to each audio advertisement at regular time intervals, and analyzing from at least some of the sampled PCM data items, and wherein the feature of the sound signal is a PCM pattern analyzed from at least some of the samples of PCM data sampled at regular time intervals from the PCM data stored in the audio buffer of the sound output unit of Lee. Motivation to do so comes from the knowledge well known in the art that wherein the respective audio fingerprint information items are PCM patterns obtained by sampling PCM data corresponding to each audio advertisement at regular time intervals, and analyzing from at least some of the sampled PCM data items, and wherein the feature of the sound signal is a PCM pattern analyzed from at least some of the samples of PCM data sampled at regular time intervals from the PCM data stored in the audio buffer of the sound output unit would provide more data that would help in determining a content or advertisement that the user would review and engage with such advertisement and that would promote an increase in the sales and would therefore make the method/system more profitable.
As to Claim 13, Modi and Lee teach the device of claim 12.
Modi further teaches wherein the processor updates the comparison data based on update data provided from the cloud server, and wherein the cloud server transmits, when a new audio advertisement is added, audio fingerprint information corresponding to the newly added audio advertisement to the advertisement information provision device as the update data; (0028, 0031, 0034, 0036, 0042, 0044, and 0061: Computing device 100 includes communication interface 106, which may be wired or wireless. The system later communicates audio fingerprint information to a network server.).
As to Claim 14, Modi and Lee teach the device of claim 1.
Modi further teaches wherein the communication unit performs a communication connection with a preset mobile terminal to receive information on the vehicle, and wherein the processor controls the communication unit to display POI information and content of advertisement information received from the cloud server on the mobile terminal; (0028, 0032, and 0034: Computing device 100 includes communication interface 106, which may be wired or wireless. The system later communicates audio fingerprint information to a network server.).
As to Claim 15, Modi and Lee teach the device of claim 1.
Modi further teaches wherein the processor controls the interface unit to detect a validity period of a service included in each advertisement information, from respective advertisement information items received from the cloud server, and to display POI information and content of advertisement information whose validity period has not expired based on a current date and time on the display; (0028, 0032, and 0034).
As to Claim 16, Modi and Lee teach the device of claim 1.
Modi further teaches wherein the advertisement information provision device transmits a location of the vehicle acquired from the vehicle along with the audio information to the cloud server, wherein the cloud server compares a location of a store providing a service of an audio advertisement corresponding to the audio information with the location of the vehicle, retrieves, when the location of the store does not match the location of the vehicle, a store matching the location of the vehicle from among other stores providing the service of the audio advertisement, and provides advertisement information including POI information corresponding to the retrieved store to the advertisement information provision device in response to the transmitted audio information, and wherein the location of the vehicle is information on a predetermined region where the vehicle is located; (0019-0020, and 0035: a vehicle-based media system includes (a) receiving audio content; (b) causing one or more speakers to output the received audio content; (c) using a microphone of the vehicle-based media system to capture the output audio content; (d) identifying reference audio content that has at least a threshold extent of similarity with the captured audio content; (e) identifying a geographic location associated with the identified reference audio content; and (f) based at least on the identified geographic location associated with the identified reference audio content, outputting, via the user interface of the vehicle-based media system, a prompt to navigate to the identified geographic location.).
As to Claim 17, Modi teaches a method of controlling an advertisement information provision device (0019-0020, and 0035: a vehicle-based media system includes (a) receiving audio content; (b) causing one or more speakers to output the received audio content; (c) using a microphone of the vehicle-based media system to capture the output audio content; (d) identifying reference audio content that has at least a threshold extent of similarity with the captured audio content; (e) identifying a geographic location associated with the identified reference audio content; and (f) based at least on the identified geographic location associated with the identified reference audio content, outputting, via the user interface of the vehicle-based media system, a prompt to navigate to the identified geographic location.), that provides advertisement information corresponding to an audio advertisement, the method comprising (0028, 0031, 0034, 0036, 0042, 0044, and 0061: Computing device 100 includes communication interface 106, which may be wired or wireless. The system later communicates audio fingerprint information to a network server.): receiving pulse code modulation (PCM) data stored in an audio buffer of a sound output unit (0060-0063, and claim 19: receives pulse code modulation (PCM) data stored in an audio buffer of the sound output unit through the interface unit, Restored digital PCM data is output to first and second audio output buffers 624/624, The PCM in the audio output buffers is subsequently supplied to audio codec unit 223, which converts it into an audio output signal, Codec 223 converts digital PCM into analog PCM/audio output signal and outputs it), in a vehicle to detect audio fingerprint information of an sound signal output from the sound output unit; (0022, 0037-0040, 0058-0059: The reference captures output audio, principally using a microphone.), (0020, 0023, 0036, 0041-0042, and 0061: System generates an audio fingerprint representing advertisement audio that is being output/received.),requesting advertisement information including point-of-interest (POI) information (0036, 0041-0043, and 0061-0063: In real time, the vehicle system generates query audio fingerprint data and transmits it to a server for analysis.) on a specific audio advertisement corresponding to the audio fingerprint information and information on a service provided through the specific audio advertisement from a cloud server; (0042-0044: Server has geographic-location data associated with known advertisements, including business locations, addresses, and GPS coordinates… 0043-0044: (0042-0044: Server has geographic-location data associated with known advertisements, including business locations, addresses, and GPS coordinates),checking, in response to the request, when advertisement information on the specific audio advertisement is received, whether an output condition of the received advertisement information is satisfied; and (0044, 0046, 0049, and 0064: Server has geographic-location data associated with known advertisements, including business locations, addresses, and GPS coordinates.),displaying POI information of the received advertisement information and information of the service on a display of the vehicle based on a result of the check; (0025-0026, 0035, 0046-0049, 0052, 0053, 0061, 0064-0065: (0042-0044: System displays the geographic location associated with the advertisement, nearby business locations, navigation prompts/routes, and advertisement-related content.).
Modi does not explicitly teaches receiving pulse code modulation (PCM) data stored in an audio buffer of a sound output unit.
However Lee teaches receiving pulse code modulation (PCM) data stored in an audio buffer of a sound output unit (0060-0063, and claim 19: receives pulse code modulation (PCM) data stored in an audio buffer of the sound output unit through the interface unit, Restored digital PCM data is output to first and second audio output buffers 624/624, The PCM in the audio output buffers is subsequently supplied to audio codec unit 223, which converts it into an audio output signal, Codec 223 converts digital PCM into analog PCM/audio output signal and outputs it).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Modi to include receiving pulse code modulation (PCM) data stored in an audio buffer of a sound output unit of Lee. Motivation to do so comes from the knowledge well known in the art that receiving pulse code modulation (PCM) data stored in an audio buffer of a sound output unit would provide more data that would help in determining a content or advertisement that the user would review and engage with such advertisement and that would promote an increase in the sales and would therefore make the method/system more profitable.
As to Claim 18, Modi and Lee teach the method of claim 17.
Lee further teaches wherein the requesting of the advertisement information from the cloud server comprises: identifying one audio advertisement corresponding to audio fingerprint information detected from PCM data of the audio buffer based on comparison data including audio fingerprint information items of a plurality of different audio advertisements; and requesting advertisement information corresponding to the identified one audio advertisement from the cloud server; (0042-0044: Server has geographic-location data associated with known advertisements, including business locations, addresses, and GPS coordinates… 0043-0044: (0042-0044: Server has geographic-location data associated with known advertisements, including business locations, addresses, and GPS coordinates… 0042-0044: System displays the geographic location associated with the advertisement, nearby business locations, navigation prompts/routes, and advertisement-related content).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Modi to include wherein the requesting of the advertisement information from the cloud server comprises: identifying one audio advertisement corresponding to audio fingerprint information detected from PCM data of the audio buffer based on comparison data including audio fingerprint information items of a plurality of different audio advertisements; and requesting advertisement information corresponding to the identified one audio advertisement from the cloud server of Lee. Motivation to do so comes from the knowledge well known in the art that wherein the requesting of the advertisement information from the cloud server comprises: identifying one audio advertisement corresponding to audio fingerprint information detected from PCM data of the audio buffer based on comparison data including audio fingerprint information items of a plurality of different audio advertisements; and requesting advertisement information corresponding to the identified one audio advertisement from the cloud server would provide more data that would help in determining a content or advertisement that the user would review and engage with such advertisement and that would promote an increase in the sales and would therefore make the method/system more profitable.
As to Claim 19, Modi and Lee teach the method of claim 17.
Lee further teaches wherein the audio fingerprint information is a PCM pattern analyzed from at least some of the samples of the PCM data sampled at regular time intervals; (0060-0063, and claim 19: receives pulse code modulation (PCM) data stored in an audio buffer of the sound output unit through the interface unit, Restored digital PCM data is output to first and second audio output buffers 624/624, The PCM in the audio output buffers is subsequently supplied to audio codec unit 223, which converts it into an audio output signal, Codec 223 converts digital PCM into analog PCM/audio output signal and outputs it).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Modi to include wherein the audio fingerprint information is a PCM pattern analyzed from at least some of the samples of the PCM data sampled at regular time intervals of Lee. Motivation to do so comes from the knowledge well known in the art that wherein the audio fingerprint information is a PCM pattern analyzed from at least some of the samples of the PCM data sampled at regular time intervals would provide more data that would help in determining a content or advertisement that the user would review and engage with such advertisement and that would promote an increase in the sales and would therefore make the method/system more profitable.
B. Claim(s) 3-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Modi, (U.S. Patent Application Publication No. 20200044757) in view of Lee et al., (U.S. Patent Application Publication No. 20110305343) in view of Sakurada et al., (U.S. Patent Application Publication No. 20200098007).
As to Claim 3, Modi and Lee teach the device of claim 1.
Modi and Lee do not teach wherein the processor receives a result of detecting a passenger of the vehicle through the interface unit, detects at least one of advertisement information items received from the cloud server based on the result of detecting the passenger and controls the interface unit so as to display the POI information and content included in the detected advertisement information on the display.
However Sakurada teaches wherein the processor receives a result of detecting a passenger of the vehicle (0061-0062, 0042-0044: On-vehicle apparatus 200 obtains occupant attribute information. Camera 207 captures the vehicle interior; face images are extracted to determine the number of occupants.) through the interface unit, detects at least one of advertisement information items received from the cloud server based on the result of detecting the passenger (0062: On-vehicle apparatus 200 obtains occupant attribute information. Camera 207 captures the vehicle interior; face images are extracted to determine the number of occupants), and controls the interface unit so as to display the POI information and content included in the detected advertisement information on the display; (0062-0063: Also uses microphone/voice analysis and seat sensors to detect occupants and determine attributes… 0098-0103: Advertisement conditions expressly include gender and age; system determines how many occupants satisfy each advertisements conditions and selects accordingly… 0076-0080, and 0103: Advertisement conditions expressly include gender and age; system determines how many occupants satisfy each advertisements conditions and selects accordingly.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Modi and Lee to include wherein the processor receives a result of detecting a passenger of the vehicle through the interface unit, detects at least one of advertisement information items received from the cloud server based on the result of detecting the passenger and controls the interface unit so as to display the POI information and content included in the detected advertisement information on the display of Sakurada. Motivation to do so comes from the knowledge well known in the art that wherein the processor receives a result of detecting a passenger of the vehicle through the interface unit, detects at least one of advertisement information items received from the cloud server based on the result of detecting the passenger and controls the interface unit so as to display the POI information and content included in the detected advertisement information on the display would provide more data that would help in determining a content or advertisement that the user would review and engage with such advertisement and that would promote an increase in the sales and would therefore make the method/system more profitable.
As to Claim 4, Modi Lee, and Sakurada teach the device of claim 3.
Sakurada further teaches wherein the processor detects at least one of advertisement information items received from the cloud server based on a result of comparing advertisement subjects included in a passenger profile corresponding to the result of detecting the passenger with an advertisement subject of each of the advertisement information items received from the cloud server, and wherein the passenger profile comprises preferred advertisement subjects according to the passenger's gender and age group (0061-0062: 0042-0044, 0076-0080, and 0103).
As to Claim 5, Modi Lee, and Sakurada teach the device of claim 4.
Sakurada further teaches wherein the processor generates, when advertisement subjects preferred by a specific passenger are learned, a customized passenger profile that includes the learned advertisement subjects, and detects, as the result of detecting the passenger, when the detected passenger is the specific passenger, at least one of the advertisement information items received from the cloud server based on the customized passenger profile, and wherein the advertisement subjects preferred by the specific passenger are learned based on a place visited by the specific passenger above a predetermined number of times; (0021-0023, 0062, 0098, 0102-0103, 0076, 0080, 0109-0110).
Claim Rejections - 35 USC § 102
5. The following is a quotation of the appropriate paragraphs of AIA 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.
Claim(s) 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Modi, (U.S. Patent Application Publication No. 20200044757).
Regarding Claim 20, Modi teaches a cloud server comprising: a communication unit that receives audio fingerprint information; an advertisement information database comprising audio fingerprint information items respectively corresponding to a plurality of different audio advertisements, and advertisement information items including point-of-interest (POI) information corresponding to information on services provided from the respective plurality of audio advertisements and location information of stores providing the services; (0019-0020, and 0035: a vehicle-based media system includes (a) receiving audio content; (b) causing one or more speakers to output the received audio content; (c) using a microphone of the vehicle-based media system to capture the output audio content; (d) identifying reference audio content that has at least a threshold extent of similarity with the captured audio content; (e) identifying a geographic location associated with the identified reference audio content; and (f) based at least on the identified geographic location associated with the identified reference audio content, outputting, via the user interface of the vehicle-based media system, a prompt to navigate to the identified geographic location.), (0028, 0031, 0034, 0036, 0042, 0044, and 0061: Computing device 100 includes communication interface 106, which may be wired or wireless. The system later communicates audio fingerprint information to a network server.),a retrieval engine that retrieves advertisement information of a specific audio advertisement corresponding to the received audio fingerprint information from the advertisement information database; and a server controller that controls the communication unit to control the retrieval engine to retrieve, when the audio fingerprint information is received through the communication unit, an audio advertisement corresponding to the received audio fingerprint information and to transmit, when the audio advertisement is retrieved, advertisement information of the retrieved audio advertisement as a response to the received audio fingerprint information; (0019-0020, and 0035: a vehicle-based media system includes (a) receiving audio content; (b) causing one or more speakers to output the received audio content; (c) using a microphone of the vehicle-based media system to capture the output audio content; (d) identifying reference audio content that has at least a threshold extent of similarity with the captured audio content; (e) identifying a geographic location associated with the identified reference audio content; and (f) based at least on the identified geographic location associated with the identified reference audio content, outputting, via the user interface of the vehicle-based media system, a prompt to navigate to the identified geographic location.), and (0044, 0046, 0049, and 0064).
NPL Reference
6. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The NPL “an advertisement system that is connected to a sound unit and a display in a vehicle
In-Car Marketing: The Retail Unit of the Future?” describes “As modern consumers, we’ve come to accept that certain spaces will never be ad-free. It’s a price we (somewhat) willingly pay for access to entertainment, news, and information. Want to scroll through social media to pass the time? Ads. Need to look up the closest dry cleaner in your area? Ads. Driving to work in your fancy new car…. Ads? The last example may not have resonated as much as the first two, but give it a year or two and that will all change. According to Accenture, “cars no longer just get us from point A to B” — they’re evolving into something more than a means of transportation. “The time is right to upscale ambitions for what the future in-car experience can and should be”, continues Accenture — going as far as to say cars will become “experience platforms”. Add in the fact that Gartner has predicted that cars will represent 53% of the 5G internet of things (IoT) by 2023, and you’ll understand why many see cars as potential retail units of the future. So, what is in-car marketing, how might it evolve, and what are some ways that brands can tap into it in coming years? Let’s take a look.”.
Pertinent Art
7. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Reference#20190265884 teaches similar invention which describes the method includes enabling linking of one or more applications executed on a mobile device to be presented on the vehicle display of the vehicle in accordance with the custom configuration, the linking enabled upon pairing the mobile device with electronics of the vehicle. In one example, the applications from the mobile device can be presented in a split screen region of the vehicle display. The split screen can allow presentation of apps and content from the mobile device or cloud services of the mobile device, along with services and apps of the vehicle. In this implementation, the split screen provides for a seamless presentation of data from devices of the user and data managed by cloud services or programs of the vehicle. In another embodiment, split screen presentation allows mirroring of content generated by the mobile device on screens of the vehicle. In one configuration, restrictions on use can be applied by algorithms managed by the vehicle code or cloud code to enable safe driving. For instance, if the data of the mobile device requires interactivity that may cause distractions, such as texting, entering data by hand, gesturing, etc., such features may be disabled or a function can be provided to translate the entry to voice/audio output and voice input by the driver or occupants. In one embodiment, if a passenger is able to handle the input, the features may be enabled, provided the input is coming from a passenger seat. Logic in the vehicle can detect if a person is sitting in the vehicle, and voice authentication or video confirmation can be performed to determine if the person entering the data is a passenger. Thus, verification of the person entering data to user interface components can be made on the fly.
Conclusion
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/TAREK ELCHANTI/Primary Examiner, Art Unit 3621B
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