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
Claims 1-20 are pending.
This action is response to the application filed on May 30, 2025.
CROSS-REFERENCE TO RELATED APPLICATIONS
This application is a continuation of U.S. Patent Application No. 18/484,820, filed on October 11, 2023, which is a continuation of U.S. Patent Application No. 17/134,873, filed on December 28, 2020, and issued as U.S. Patent No. 11,831,959 on November 28, 2023, which is a continuation of U.S. Patent Application No. 16/180,903, filed on November 5, 2018, and issued as U.S. Patent No. 10,880,611 on December 29, 2020, which is a continuation of U.S. Patent Application No. 14/263,729, filed on April 28, 2014, and issued as U.S. Patent No. 10,129,599 on November 13, 2018, each of which is incorporated herein by reference in its entirety
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 1-20 are rejected under 35 U.S.C. 112, second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which applicant regards as the invention. Because claims 1, 9 and 17 recites, "…. a particular media playback application to display media recommendations comprising the selected media items.….”, which render indefinite claimed invention scope. The terms “…. the selected media items….” is introduced without first defining.
Examiner Note: May be renders the claim indefinite by failing to point out that is being performed. Applicants are advised to amend the claim so solve the 112 rejection set forth in the claim.
Allowable Subject Matter
The following is a statement of reasons for the indication of allowable subject matter.
The prior art made of Dodge et al (US-20110295661-A1) teaches for maintaining a preference data structure for user profiles of a streaming audio service; receiving, via at least one network communications interface, first preference data comprising first preferences indicated by playback of first media items via a media playback application: storing the first preferences in the preference data structure in association with first weights corresponding to playback of the first media items via a media playback application. Dodge et al (US-20110295661-A1) teaches but fails to teach the following claimed features in combination with overall claimed limitations when interpreted in light of the specification.
The following is an examiner's statement of reasons for allowance: The prior art taken as a whole does not teach nor disclose the first weights represent respective first values on a gradient scale, receiving via the at least one network communications interface, second preference data indicated via selection via a media playback application of preference controls corresponding to second media items, storing the second preferences in the preference data structure in association with second weights corresponding to the selection of the preference controls corresponding to the second media items, the second weights represent respective second values on the gradient scale, determining media items from among preferred media items of a user profile represented in the preference data structure, causing via the at least one network communications interface a particular media playback application to display media recommendations, the selected media items forward the preference to the service provider for recommendation generation and convert or normalize different preference formats to a common gradient and stored representation and as specifically called for the claimed combinations.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Claims 1-20 would be allowable over the prior art of record because the claimed features as mentioned above in combination with other claimed features are not recited or suggested by the prior art of records. The above features in conjunction with all other limitations of the dependent and independent claims 1-20 are hereby allowed.
Conclusion
The prior arty made of record and not relied upon is considered pertinent to applicant’s disclosure.
Willis et al (US-20130031216-A1) SYSTEMS AND METHODS FOR GENERATION OF CUSTOMIZED MEDIA PLAYLISTS.
Considered for teaching for providing social interaction within a customized media streaming service for automated playlist generation based on social metadata. These systems allow for an internet media delivery service to learn about a listener's preferences, and changes in those preferences over time about changes in a listener's preferences over time without requiring the user to actively express the preferences.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ISAAC M WOO whose telephone number is (571)272-4043. The examiner can normally be reached 9:00 to 5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tony Mahmoudi can be reached at 571-272-4078. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ISAAC M WOO/ Primary Examiner, Art Unit 2163
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