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
This action is in response to communications filed on 4/4/2025. Accordingly, claims 1- 20 are pending.
Claim Rejections - 35 USC § 101
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 20 is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claims recite receiving, predicting, accessing, identifying, generating, presenting, and transmitting data. These limitations, as drafted, are processes that, under its broadest reasonable interpretation, covers performance of the limitations in the mind. But for the one or more processors and memory language, the claims encompass a user simply comparing the collected data to a predetermined/configurable threshold in his/her mind. The mere nominal recitation of a generic processor and memory does not take the claim limitation out of the mental processes grouping. Thus, the claims recite a mental process which is an abstract idea.
This judicial exception is not integrated into a practical application. The claims recite the elements of receiving, predicting, accessing, identifying, generating, presenting, and transmitting and that a generic computer preform these steps. The receiving, accessing, generating, presenting, and transmitting steps are recited at a high level of generality (i.e., as a general means of receiving/transmitting and storing data for use in the predicting and identifying steps), and as such they amount to mere data gathering, which is a form of insignificant extra-solution activity. The processor that performs the predicting and identifying steps is recited at a high level of generality, and merely automates the predicting and identifying steps. Each of the additional limitations are no more than mere instructions to apply the exception using a generic computer component (the processor). The combination of these additional elements are no more than mere instructions to apply the exception using a generic computer component (the processor). Accordingly, even in combination, these additional elements do not integrate the abstract idea into a practical application. The claims are directed to an abstract idea.
The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed with respect to Step 2A Prong Two, the additional elements in the claim amount to no more than mere instructions to apply the exception using a generic computer component. The same analysis applies here in 2B and does not provide an inventive concept.
For the receiving, predicting, accessing, identifying, generating, presenting, and transmitting steps were considered extra-solution activity in Step 2A, this has been re-evaluated in Step 2B and determined to be well-understood, routine, conventional activity in the field. The background does not provide any indication that the processor is anything other than a generic, off-the-shelf computer component, and the Symantec, TLI, and OIP Techs. court decisions (MPEP 2106.05(d)(II)) indicate that mere collection or receipt of data over a network is a well‐understood, routine, and conventional function when it is claimed in a merely generic manner (as it is here). For these reasons, there is no inventive concept. The claim is not patent eligible.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1- 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kennedy et al. (US 2022/0099452 A1).
Kennedy discloses:
1: A computer-implemented method for playing media during a trip while using a navigation system (see Kennedy at least fig. 1-31 and in particular fig. 1-4; duration based customized media program engine, navigation application), the computer-implemented method comprising:
receiving, by one or more processors, route parameters and playback parameters (see Kennedy at least fig. 1-31 and in particular fig. 1-4, 8-9; duration based customized media program engine, navigation application), wherein:
the route parameters comprise a location information of a navigation route and a method of travel for the navigation route (see Kennedy at least fig. 1-31 and in particular fig. 1-4 and ¶82; data associated with media content and geographic locations, forms of travel and route conditions); and
the playback parameters comprise one or more media attribute preferences and one or more playback rate thresholds, the one or more playback rate thresholds corresponding to a media playback speed (see Kennedy at least fig. 1-31 and in particular fig. 1-4 and ¶82; data associated with media content and geographic locations, forms of travel and route conditions);
predicting, by the one or more processors, a predicted travel duration for the navigation route based on one or more of the route parameters (see Kennedy at least fig. 1-31 and in particular fig. 1-4 and ¶82- 92; navigation application determines duration of time to travel route);
accessing, by the one or more processors, one or more media sources (see Kennedy at least fig. 1-31 and in particular fig. 1-4 and ¶82- 93; news engine accessing and selecting content for customized media program);
identifying, by the one or more processors, from the one or more media sources, a plurality of media having one or more media attributes matching the one or more media attribute preferences (see Kennedy at least fig. 1-31 and in particular fig. 1-4 and ¶82- 94; news engine and user preferences engine and duration engine to select appropriate types and amount of content);
generating, by the one or more processors, from the plurality of media, a list of media having a playback duration satisfying a trip listen duration, wherein the trip listen duration correlates to the predicted travel duration (see Kennedy at least fig. 1-31 and in particular fig. 1-4 and ¶82- 95; media content, playlists and duration-based customized media program engine-selecting appropriate types and amounts of content);
presenting, by the one or more processors, for display, the list of media (see Kennedy at least fig. 1-31 and in particular fig. 1-4 & 7 and ¶82- 95, 103; media playback system and device, Just for you and Daily Drive Show);
receiving, by the one or more processors, a selection of a media from the list of media (see Kennedy at least fig. 1-31 and in particular fig. 1-4 & 7 and ¶82- 95, 103; media playback system and device, Just for you and Daily Drive Show); and
in response to receiving the selection of the media from the list of media, activating, by the one or more processors, an audio source of a user device or an external device to output the media from the list of media (see Kennedy at least fig. 1-31 and in particular fig. 1-4 & 7-8 and ¶82- 95, 103-104; generate customized program and play program).
2: wherein the predicted travel duration is further based on real-time route information including at least one of traffic data, construction data, and toll data (see Kennedy at least fig. 1-31 and in particular fig. 1-4, 7-13 & 26; determine traffic/weather conditions along route and changes to duration of route).
3: wherein the one or more processors are located on the user device, on a remote server, or distributed across multiple devices (see Kennedy at least fig. 1-31 and in particular fig. 1-4, 7-13 & 26; travel server, customized program server and media server).
4: wherein the one or more playback rate thresholds correspond to a playback speed multiplier, wherein the playback speed multiplier is a multiplier to increase or decrease a playback speed of media, and wherein the location information includes at least one of an initiation location, a destination location, and an interim location (see Kennedy at least fig. 1-31 and in particular fig. 1-4, 7-13 & 26 and ¶82- 95, 103-104).
5: wherein the playback duration for one or more of the media of the list of media is one of a range or set time and determined by decreasing a non-adjusted playback duration of the media by increasing a playback rate for one or more of the media in the list of media to one of the one or more playback rate thresholds, wherein the non-adjusted playback duration corresponds to the playback duration of the media at a non- adjusted playback rate (see Kennedy at least fig. 1-31 and in particular fig. 1-4, 7-13 & 26 and ¶82- 95, 103-104).
6: further comprising: adjusting, by the one or more processors, the playback rate from the non-adjusted playback rate of the media of the list of media to an adjusted playback rate, wherein the adjusted playback rate is equal to or less than a playback rate threshold of the media and causes a corresponding playback duration of the media of the list of media to be equal to or less than the trip listen duration (see Kennedy at least fig. 1-31 and in particular fig. 1-4, 7-13 & 26 and ¶82- 95, 103-104).
7: further comprising: updating, by the one or more processors, the predicted travel duration during travel from an initiation location to a destination location; and adjusting, by the one or more processors, a playback rate of the media of the list of media to an adjusted playback rate based, at least in part, on the updated predicted travel duration, wherein the adjusted playback rate is less than a playback rate threshold of the media (see Kennedy at least fig. 1-31 and in particular fig. 1-4, 7-13 & 26 and ¶82- 95, 103-104).
8: further comprising: receiving, by the one or more processors, a request to change the media based on an updated predicted travel duration, wherein the predicted travel duration is periodically updated during travel from the initiation location to the destination location (see Kennedy at least fig. 1-31 and in particular fig. 1-4, 7-13 & 26 and ¶82- 95, 103-104).
9: further comprising: receiving, by the one or more processors, a plurality of playback durations based on at least one of a plurality of route parameters and a plurality of playback parameters, the plurality of route parameters and the plurality of playback parameters associated with a plurality of user devices; generating, by the one or more processors, from the plurality of media, the list of media with an associated playback duration within a second playback range, wherein the second playback range correlates to the trip listen duration and the associated playback duration is a second playback duration of media at a playback rate threshold; and generating, by the one or more processors, instructions to display on the user device the list of media (see Kennedy at least fig. 1-31 and in particular fig. 1-4, 7-13 & 26 and ¶82- 95, 103-104).
10: further comprising; transmitting, by the one or more processors, the instructions to display on the user device the list of media to at least one user device associated with at least one user of the plurality of user devices (see Kennedy at least fig. 1-31 and in particular fig. 1-4, 7-13 & 26 and ¶82- 95, 103-104).
11: further comprising: in response to at least receiving the selection of the media from the list of media, activating, transmitting, by the one or more processors to one of more of the plurality of user devices, instructions to output the media (see Kennedy at least fig. 1-31 and in particular fig. 1-4, 7-13 & 26 and ¶82- 95, 103-104).
12: wherein the one or more media attribute preferences are associated with one or more of a media history of a user, an initiation location, a destination location, an interim destination, or a user input received by the one or more processors (see Kennedy at least fig. 1-31 and in particular fig. 1-4, 7-13 & 26 and ¶82- 95, 103-104).
13: wherein the initiation location is a current location of a user or a user-selected location (see Kennedy at least fig. 1-31 and in particular fig. 1-4, 7-13 & 26 and ¶82- 95, 103-104).
14: wherein the playback duration is associated with a predetermined segment of media comprising one or more predetermined segments or portions (see Kennedy at least fig. 1-31 and in particular fig. 1-4, 7-13 & 26 and ¶82- 95, 103-104).
15: wherein the media is at least one of a podcast, a song, a music video, a movie, an audiobook, a spoken word file, a text-to-speech transcription, a voice recording, a voicemail, a lecture, a training video, a seminar, a presentation, a news broadcast, a sports commentary, a sporting event, a talk show, a predicted phone call, a live performance, or a radio broadcast (see Kennedy at least fig. 1-31 and in particular fig. 1-4, 7-13 & 26 and ¶82- 95, 103-104).
16: A computer-implemented method for playing directed media during a trip while using a navigation system, the computer-implemented method comprising: receiving, by one or more processors, route parameters and playback parameters, wherein: the route parameters comprise a location information of a navigation route and a method of travel for the navigation route; and the playback parameters comprise one or more media attribute preferences and one or more playback rate thresholds, the one or more playback rate thresholds corresponding to a media playback speed; predicting, by the one or more processors, a predicted travel duration for the navigation route based on one or more of the route parameters; accessing, by the one or more processors, one or more media sources; identifying, by the one or more processors, from the one or more media sources, a plurality of media having one or more media attributes matching the one or more media attribute preferences; generating, by the one or more processors, from the plurality of media, a list of media having a playback duration satisfying a trip listen duration, wherein the trip listen duration correlates to the predicted travel duration; presenting, by the one or more processors, for display, the list of media; receiving, by the one or more processors, a selection of a media from the list of media; in response to receiving the selection of the media from the list of media, activating, by the one or more processors, an audio source of a user device or an external device to output the media from the list of media; receiving, by the one or more processors, the directed media, wherein the directed media is associated with a location within a range of the navigation route; and in response to receiving the directed media, activating, by the one or more processors, the audio source of the user device or the external device to output the directed media (see Kennedy at least fig. 1-31 and in particular fig. 1-4, 7-13 & 26 and ¶82- 95, 103-104; see claim 1 above).
17: wherein the range is one or more of a time or distance (see Kennedy at least fig. 1-31 and in particular fig. 1-4, 7-13 & 26 and ¶82- 95, 103-104).
18: wherein the location information includes at least one of an initiation location, a destination location, and an interim location (see Kennedy at least fig. 1-31 and in particular fig. 1-4, 7-13 & 26 and ¶82- 95, 103-104).
19: wherein the directed media is a content related to one or more of the initiation location, the destination location, the interim location, a first event occurring at the destination location of the navigation route, and a second event occurring at the location along the navigation route (see Kennedy at least fig. 1-31 and in particular fig. 1-4, 7-13 & 26 and ¶82- 95, 103-104).
20: A computer-implemented method for playing media during a trip while using a navigation system with group navigation, the computer-implemented method comprising: receiving, by one or more processors, route parameters and playback parameters of a plurality of users, wherein: the route parameters comprise a location information of a navigation route and a method of travel for the navigation route; and the playback parameters comprise one or more media attribute preferences and one or more playback rate thresholds, the one or more playback rate thresholds corresponding to a media playback speed; predicting, by the one or more processors, a predicted travel duration for the navigation route of at least one user of the plurality of users based on one or more of the route parameters of the at least one user; accessing, by the one or more processors, one or more media sources; identifying, by the one or more processors, from the one or more media sources, a plurality of media having one or more media attributes matching the one or more media attribute preferences; generating, by the one or more processors, from the plurality of media, a list of media having a playback duration satisfying a trip listen duration, wherein the trip listen duration correlates to the predicted travel duration; presenting, by the one or more processors, for display, the list of media; receiving, by the one or more processors, a selection of a media from the list of media; and in response to receiving the selection of the media from the list of media, transmitting, by the one or more processors, the media to one or more of the plurality of users (see Kennedy at least fig. 1-31 and in particular fig. 1-4, 7-13 & 26 and ¶82- 95, 103-104; see claim 1 above).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MACEEH ANWARI whose telephone number is 571-272-7591. The examiner can normally be reached on 9-9:30.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Angela Ortiz can be reached on 571-272-1206. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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MACEEH . ANWARI
Primary Examiner
Art Unit 3663
/MACEEH ANWARI/ Primary Examiner, Art Unit 3663
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