Case 1:14-cv-02396-PGG-SN Document 234-14 Filed 11/11/20 Page 1 of 23
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` Exhibit 12
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`Case 1:14-cv-02396-PGG-SN Document 234-14 Filed 11/11/20 Page 2 of 23
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`US007444353B1
`
`(12) Ulllted States Patent
`Chen et a].
`
`(10) Patent N0.:
`(45) Date of Patent:
`
`US 7,444,353 B1
`Oct. 28, 2008
`
`(54) APPARATUS FOR DELIVERING MUSIC AND
`INFORMATION
`
`(76) Inventors: Alexander C. Chen, 127 41St St.,
`Nawport Beach’ CA (Us) 92663;
`Sanjivpal s. Gill, 16016 Mount Hicks,
`.
`Fountain Valley, CA (US) 92708
`
`_
`( * ) Notice:
`
`_
`_
`_
`_
`Subject to any disclaimer, the term ofthls
`P211811t is extended Or adjustcd under 35
`U.S.C. 154(b) by 0 days.
`
`(21) Appl. No.: 09/567,848
`
`(22) Filed;
`
`May 9, 2000
`
`Related US. Application Data
`
`(60) Provisional application No. 60/ 179,256, ?led on Jan.
`31, 2000, provisional application No. 60/182,309,
`?led on Feb 9’ 2000
`
`(51) Int. Cl.
`(200601)
`G06}? 1 7/00
`(52) US. Cl. .................................... .. 707/104.1; 707/10
`(58) Field of Classi?cation Search ................... .. 707/2,
`
`707/3, 4, 104.1, 10; 84/609, 616, 477 R;
`455/567’ 306’ 1561; 704/243’ 246; 380/282’
`380/283; 709/219
`See application ?le for Complete Search history'
`
`(56)
`
`References Cited
`
`US. PATENT DOCUMENTS
`
`7/1992 Yult et a1.
`5,132,992 A
`7/1992 Mankovitz
`5,134,719 A
`5,161,251 A 11/1992 Mankovitz
`5,170,381 A 12/1992 Tayloret a1.
`5,276,810 A
`1/1994 Kitamura et a1.
`5,526,284 A
`6/1996 Mankovitz
`5,539,635 A
`7/1996 Larson, Jr.
`5,572,442 A 11/1996 Schulhofet a1.
`5,581,576 A 12/1996 Lanzettaetal.
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`5,581,658 A 12/1996 O’Hagan et a1.
`5,625,608 A
`4/1997 GreWe et a1.
`5,661,787 A
`8/1997 Pocock
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`5,703,308 A 12/1997 Tashlro et a1.
`i
`?rm“ 6‘ a1‘
`,
`,
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`5,742,893 A
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`5,874,686 A *
`2/1999 Ghias et a1. ................. .. 84/609
`5,959,945 A
`9/1999 Kleiman
`5,963,957 A * 10/1999 Ho?berg ............... .. 707/104.1
`5,974,387 A 10/1999 Kageyama et a1.
`5,986,200 A 11/1999 Cultin
`_
`(Continued)
`OTHER PUBLICATIONS
`US. Appl. N0. 10/870,729, ?led Jun. 17, 2004, Chen et al.
`US. Appl. No. 11/644,057, ?led Dec. 21, 2006, Chen et a1.
`
`Primary ExamineriSana Al-Hashemi
`
`(57)
`
`ABSTRACT
`
`_
`_
`_
`_
`_
`_
`_
`The Invention comprises music and Information delivery sys
`tems and methods. One system comprises a portable commu
`nication device con?gured to receive a piece of music from an
`audio source and transmit the piece of music via a ?rst com
`munication medium to a host computer. The host computer is
`con?gured to receive the piece of music from the portable
`communication device and search a storage medium to iden
`tify and access the piece of music from the storage medium.
`The host computer is con?gured to transmit the piece of
`music via a second communication medium to one or more
`reception units that are con?gured to receive the piece of
`music from the host computer via the second communication
`medium.
`
`27 Claims, 8 Drawing Sheets
`
`FIRST LOCAL
`SERVER m
`
`204
`
`06
`
`“8
`
`FIRST USER
`COWUTER
`E
`
`SPECIALIZED
`PORTABLE
`COMMUNICATION
`DEVICE (SPCD) m
`I—\ 201
`
`FIRST CONTENT
`TRANSCEIVER
`PLAYBACK UNIT
`(CTPU) 108A
`I\ 218
`
`SECOND CTPU 108B
`
`203
`
`205
`
`222
`
`220
`
`THIRD CTPU 108g
`
`00
`
`"2
`
`10
`
`212
`
`214
`
`225
`
`SECOND LOCAL
`SERVER m
`
`SECOND UsER
`COMPUTER 1Q
`
`FOURTH CTPU M
`
`Google Ex. 1008
`
`

`

`Case 1:14-cv-02396-PGG-SN Document 234-14 Filed 11/11/20 Page 3 of 23
`
`US 7,444,353 B1
`Page 2
`
`US. PATENT DOCUMENTS
`
`5,991,737 A 11/1999 Chen
`6,022,223 A
`2/2000 Taniguchiet a1.
`6,121,530 A
`9/2000 Sonoda
`6,212,555 B1
`4/2001 Brooks, Jr. et a1.
`6,317,784 B1* 11/2001 Mackintosh et a1. ...... .. 709/219
`6,366,791 B1 *
`4/2002 Lin et a1. .................. .. 455/567
`6,425,018 B1
`7/2002 Kaganas et a1.
`
`6,434,520 B1* 8/2002 Kanevsky et a1. ......... .. 704/243
`6,529,602 B1 *
`3/2003 Walker et a1. ............. .. 380/283
`6,662,022 B1
`12/2003 Kanamorietal.
`6,925,489 B1
`8/2005 Cumin
`6,941,275 B1
`9/2005 Swierczek
`6,954,652 B1
`10/2005 Sakanashi
`7,065,342 B1
`6/2006 Rolf
`
`* cited by examiner
`
`Google Ex. 1008
`
`

`

`Case 1:14-cv-02396-PGG-SN Document 234-14 Filed 11/11/20 Page 4 of 23
`
`US. Patent
`
`Oct. 28, 2008
`
`Sheet 1 of8
`
`US 7,444,353 B1
`
`SPECIALIZED
`PORTABLE
`
`COMMUNICATION ‘
`DEVICE (SPCD) m
`
`A
`
`A \201
`
`v
`FIRST CONTENT
`TRANSCEIVER
`PLAYBACK UNIT \
`(CTPU) 108A
`“
`\218
`‘
`V
`SECOND CTPU 108B
`
`205
`
`222
`
`I
`‘/220
`THIRD CTPU 108C
`
`FIRST LOCAL :
`SERVER m
`
`A
`
`204
`
`206
`
`208
`
`\200
`
`202
`
`210
`
`212
`
`FIRST USER 1
`COMPUTER
`HQ
`
`\
`214
`
`\224
`
`216
`
`225
`
`‘
`22s
`SECOND LOCAL /
`SERVER m =
`
`SECOND USER
`~ COMPUTER IQ
`
`230/F\A
`
`226
`
`FOURTH CTPU 1_14_
`
`FIG. 1
`
`Google Ex. 1008
`
`

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`Case 1:14-cv-02396-PGG-SN Document 234-14 Filed 11/11/20 Page 5 of 23
`
`US. Patent
`
`Oct. 28, 2008
`
`Sheet 2 of8
`
`US 7,444,353 B1
`
`SPECIALIZED PORTABLE COMMUNICATION DEVICE (SPCD) m
`
`MICROCONTROLLER UNIT M TRANSCEIVER l_3_0
`
`MEMORY UNIT ll_8
`
`LOCATION IDENTIFICATION UNIT 1%
`
`VOICE COMMAND ACTIVATION UNIT 112
`
`CONFIGURABLE MUSIC SAMPLER M
`
`SAMPLE LENGTH DETERMINATION UNIT E
`
`EMBEDDED CODE RECOGNITION UNTT 1_2§
`
`DESTINATION DIRECTORY A6
`
`CHANNEL AVAILABILITY
`DETERMINATION MODULE 256
`
`USER INTERFACE _l_3_2
`
`SPEAKER E
`
`MICROPHONE g9
`
`KEYPAD L52
`
`DISPLAY 23
`
`FILTER(S) M
`
`POWER SUPPLY
`Q2
`
`FIG. 2
`
`Google Ex. 1008
`
`

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`Case 1:14-cv-02396-PGG-SN Document 234-14 Filed 11/11/20 Page 6 of 23
`
`US. Patent
`
`Oct. 28, 2008
`
`Sheet 3 of8
`
`US 7,444,353 B1
`
`CONTENT TRANSCEIVER/PLAYBACK UNIT (CTPU) 1_08
`
`MICROCONTROLLER UNIT 1_.8_
`
`WIRELESS TRANSCEIVER m
`
`MEMORY UNIT E
`
`LINE OR CABLE NETWORK
`INTERFACE @
`
`LOCATION IDENTIFICATION UNIT @
`
`VOICE COMMAND ACTIVATION UNIT @
`
`CONFIGURABLE MUSIC SAMPLER L6_6
`
`SAMPLE LENGTH DETERMINATION UNIT Igg
`
`EMBEDDED CODE RECOGNITION UNIT m
`
`DESTINATION DIRECTORY 2Q
`
`FILTERS
`M
`
`PLAYBACK
`UNIT m
`
`POWER
`SUPPLY 2g
`
`CHANNEL AVAILABILITY DETERMINATION MODULE E
`
`SPEAKER 25E
`
`MICROPHONE Q91
`
`SPEAKER/STEREO SYSTEM
`1%
`
`POWER SOURCE &
`
`FIG. 3
`
`Google Ex. 1008
`
`

`

`Case 1:14-cv-02396-PGG-SN Document 234-14 Filed 11/11/20 Page 7 of 23
`
`US. Patent
`
`Oct. 28, 2008
`
`Sheet 4 0f 8
`
`US 7,444,353 B1
`
`LOCAL SERVER M
`
`WIRELESS TRANSCEIVER m
`
`LINE OR CABLE NETWORK INTERFACE m
`
`MICROPROCESSOR UNIT 134
`
`MEMORY UNIT Q
`
`DATABASE 137
`PIECE OF
`EMBEDDED WEB SITE
`MUSIC Q CODE m l2
`
`RELATED
`INFORMATION
`144
`
`USER IDENTIFICATION MODULE 2%
`
`MUSIC SAMPLE MATCHING MODULE m
`
`RELATED MUSIC SEARCH MODULE m
`
`DATABASE UPDATE MODULE l??
`
`USER INTERFACE i6
`
`POWER SUPPLY Z_3_8
`
`FIG. 4
`
`POWER SOURCE E
`
`Google Ex. 1008
`
`

`

`Case 1:14-cv-02396-PGG-SN Document 234-14 Filed 11/11/20 Page 8 of 23
`
`US. Patent
`
`Oct. 28, 2008
`
`Sheet 5 of8
`
`US 7,444,353 B1
`
`USER COMPUTER SYSTEM _6
`
`MICROCONTROLLER UNIT i MONITOR m
`
`MEMORY m
`
`POWER SUPPLY E
`
`l
`HOME STEREO
`SYSTEM / SPEAKER
`AND AMPLIFIER l_86
`
`1
`l
`STORAGE
`TELEVISION
`SET @ MEDIUM m
`
`POWER
`SOURCE
`m
`
`INTERNET CONNECTION 190
`
`PHONE LINE 192
`
`CABLE 194
`
`VIDEO RECORDER 272
`
`FIG. 5
`
`Google Ex. 1008
`
`

`

`Case 1:14-cv-02396-PGG-SN Document 234-14 Filed 11/11/20 Page 9 of 23
`
`US. Patent
`
`0a. 28, 2008
`
`Sheet 6 of8
`
`US 7,444,353 B1
`
`USER TRANSMITS AN IDENTIFICATION OF ONE OR MORE PIECES
`OF MUSIC OVER A COMMUNICATION MEDIUM TO A LOCAL
`SERVER
`
`300
`
`LOCAL SERVER RECEIVES THE IDENTIFICATION AND ACCESSES
`A DATABASE TO FIND ONE OR MORE PIECES OF MUSIC THAT
`SUBSTANTIALLY MATCH THE ONE OR MORE PIECES OF MUSIC
`FROM THE USER; LOCAL SERVER MAY FURTHER ACCESS (1)
`INFORMATION RELATED TO THE IDENTIFIED ONE OR MORE
`PIECES OF MUSIC AND/OR (2) OTHER PIECES OF MUSIC RELATED
`TO THE IDENTIFIED ONE OR MORE PIECES OF MUSIC
`
`302
`
`LOCAL SERVER TRANSMITS (1) THE ONE OR MORE PIECES OF
`MUSIC THAT SUB STANTIALLY MATCH THE ONE OR MORE
`PIECES OF MUSIC FROM THE USER, (2) INFORMATION RELATED
`TO THE IDENTIFIED ONE OR MORE PIECES OF MUSIC, AND/OR (3)
`OTHER PIECES OF MUSIC RELATED TO THE IDENTIFIED ONE OR
`MORE PIECES OF MUSIC OVER A COMMUNICATION MEDIUM TO
`A USER-SPECIFIED TRANSCEIVER
`
`LOCAL SERVER WAITS FOR THE NEXT USER COMMAND
`
`304
`
`FIG. 6
`
`Google Ex. 1008
`
`

`

`Case 1:14-cv-02396-PGG-SN Document 234-14 Filed 11/11/20 Page 10 of 23
`
`US. Patent
`
`Oct. 28, 2008
`
`Sheet 7 of8
`
`US 7,444,353 B1
`
`USER HEARS PIECE OF MUSIC AND ACTIVATES
`SPECIALIZED PORTABLE COMMUNICATION DEVICE (SPCD)
`
`‘
`
`\ 320
`
`SPCD ANALYZES SAMPLED PIECE
`OF MUSIC AND DETERMINES
`WHETHER (1) SAMPLE LENGTH IS
`SUFFICIENT TO IDENITFY PIECE
`OF MUSIC OR (2) SAMPLE TIME
`HAS EXPIRED
`
`‘
`SPCD BEGINS To
`TRANSMIT SAMPLED
`PIECE OF MUSIC TO LOCAL
`SERVER (OR USER
`COMPUTER OR CTPU
`)
`
`\ 324
`
`L
`
`IS SAMPLE LENGTH
`SUFFICIENT OR
`SAMPLE TIME
`EXPIRED‘?
`
`322
`
`CONTH 1 UE
`TRANSMITTING
`SAMPLE TO
`LOCAL SERVER
`
`326
`
`\ 328
`
`END TRANSMISSION
`
`330
`
`V
`NOTIFY USER THAT TRANSMISSION IS COMPLETE
`
`\ 332
`
`SPCD WAITS FOR NEXT USER COMMAND
`
`‘
`
`334
`
`FIG. 7
`
`Google Ex. 1008
`
`

`

`Case 1:14-cv-02396-PGG-SN Document 234-14 Filed 11/11/20 Page 11 of 23
`
`US. Patent
`
`Oct. 28, 2008
`
`Sheet 8 of8
`
`US 7,444,353 B1
`
`LOCAL SERVER RECEIVES SAMPLED PIECE OF MUSIC FROM
`SPCD, CPTU OR USER COMPUTER OVER A COMMUNICATION
`MEDIUM
`
`\ 350
`
`LOCAL SERVER ACCESSES DATABASE TO IDENTIFY AND
`ACCESS THE PIECE OF MUSIC
`
`\ 352
`
`I
`
`LOCAL SERVER TRANSMITS (1) PIECE OF MUSIC, (2) OTHER
`PIECES OF MUSIC RELATED TO THE IDENTIFIED PIECE OF
`MUSIC AND/OR (3) INFORMATION RELATED TO THE
`IDENTIFIED PIECE OF MUSIC TO A USER-DESIGNATED
`DEVICE OVER A COMMUNICATION MEDIUM
`
`354
`
`FIG. 8
`
`Google Ex. 1008
`
`

`

`Case 1:14-cv-02396-PGG-SN Document 234-14 Filed 11/11/20 Page 12 of 23
`
`US 7,444,353 B1
`
`1
`APPARATUS FOR DELIVERING MUSIC AND
`INFORMATION
`
`CLAIM OF PRIORITY
`
`This application is a utility patent application and claims
`priority from US. Provisional Patent Application No. 60/ 179,
`256 (“?rst provisional patent application”) ?led on Jan. 31,
`2000 and US. Provisional PatentApplication No. 60/ 182,309
`(“second provisional patent application”) ?led on Feb. 9,
`2000.
`
`BACKGROUND
`
`1. Field of the Invention
`This invention relates generally to a communication sys
`tem and method, and speci?cally to methods and apparatuses
`for delivering music and information.
`2. Description of the Related Art
`People like to listen to music. Music plays an important
`role in people’s lives, particularly in the lives of young
`people. There is a tremendous market to sell music and related
`products and services. Every day, people hear music that they
`like on radios, in cars, on the street, at friends’ homes, at
`movie theaters, and at bars, restaurants and nightclubs. When
`people hear such music, they often do not knoW the name of
`the recording artist or the name of a particular piece of music.
`Consumers may access music in a variety of Ways, such as
`buying music at retail stores, requesting music to be broadcast
`by a radio station, and doWnloading music over the Internet.
`Furthermore, people like their music to be portable.
`
`SUMMARY OF THE INVENTION
`
`The present invention recognizes a problem in the music
`industry in providing instant access to music and information
`related to music. The present invention recognizes that When
`people hear a piece of music that they like, they often have no
`means of buying the piece of music. Music producers, such as
`record companies, lose countless opportunities to sell such
`pieces of music. In any given Week, an average person may
`hear several pieces of music that the person Would like to buy
`and play back at a later time. If each person can buy every
`piece of music that the person Wants after hearing it, record
`companies can dramatically increase their sales.
`When people drive cars and hear a song that they like, they
`often have no Way of ?nding out the name of the artist or the
`song. For example, people that commute an hour to Work
`everyday may hear 20 songs a Week that they Would like to
`listen to again, either in the car or at home. They may be
`interested in listening to and buying the Whole compact disc
`(CD). They may be interested in concert information, vieWing
`the music video, buying a T-shirt or bumper sticker, etc. But if
`the radio announcer does not announce the name of the song
`and the name of the recording artist, the opportunity of the
`record company to sell that particular song and possibly the
`Whole CD is lost.
`The present invention relates to music and information
`delivery systems and methods. One system of the present
`invention alloWs a user to sample and buy a piece of music
`almost instantaneously, regardless of the location of the user
`and regardless of the time When the user hears the music. The
`system provides various music delivery options. For example,
`the system alloWs a user to doWnload music to a laptop, a
`home computer, a discman, a Walkman, a home stereo sys
`tem, a portable stereo system, and/or a vehicle stereo system.
`In addition, the system may doWnload information related to
`
`20
`
`25
`
`30
`
`35
`
`40
`
`45
`
`50
`
`55
`
`60
`
`65
`
`2
`the selected music (hereinafter “music-related information,”
`described in further detail beloW), such as merchandise infor
`mation, to such devices.
`The system alloWs the user to doWnload content (music
`and/or music-related information) to more than one device,
`including a device at a different geographical location from
`the user. For example, the user can request the transmission of
`content to a communication device in the possession of
`another user in another state or country. The music and infor
`mation can advantageously be transmitted through Wireless
`communication media, Which is convenient for mobile users.
`The system alloWs the user to doWnload music that the user
`hears on the radio, even When the user does not knoW the title
`of the music or the artist that created the music. The system
`also alloWs the user to doWnload music that is broadcast
`ambiently, for example at a party, store, theater, restaurant or
`bar. In one embodiment, a user can even sing, hum or Whistle
`a feW bars of a desired piece of music. In another embodi
`ment, the user can recite some or all of the lyrics of a song, and
`receive a doWnload of the song.
`One aspect of the invention relates to a system for provid
`ing music. The system comprises a portable communication
`device con?gured to receive a piece of music from an audio
`source and transmit at least a portion of the piece of music via
`a ?rst communication medium to a host computer. The host
`computer is con?gured to receive the piece of music from the
`portable communication device and search a database to iden
`tify and access the piece of music from the database. The host
`computer is con?gured to transmit the piece of music via a
`second communication medium to one or more reception
`units that are con?gured to receive the piece of music from the
`host computer via the second communication medium.
`In one aspect, the present invention provides a system for
`providing music, the system comprising a portable commu
`nication device, a host computer, and one or more reception
`units. The portable communication device is con?gured to
`receive at least a portion of a piece of music from an audio
`source and transmit the portion of the piece of music via a ?rst
`communication medium. The host computer is con?gured to
`receive the portion of the piece of music from the portable
`communication device and search a database to identify and
`access the piece of music from the database. The host com
`puter is also con?gured to transmit the piece of music via a
`second communication medium. The reception units are con
`?gured to receive the piece of music from the host computer
`via the second communication medium.
`In one embodiment, the host computer system is further
`con?gured to access and transmit information related to the
`piece of music via the second communication medium. Also,
`the reception units are further con?gured to receive the infor
`mation related to the piece of music from the host computer.
`In another aspect, the portable communication device is
`con?gured to receive a ?rst audio signal from a transceiver
`and transmit the ?rst audio signal via a ?rst communication
`medium. The host computer is con?gured to receive the ?rst
`audio signal from the portable communication device and
`search a database to identify and access a second audio signal
`from the database, the second audio signal being substantially
`similar to the ?rst audio signal. The host computer is further
`con?gured to transmit the second audio signal via a second
`communication medium. The reception units are con?gured
`to receive the second audio signal from the host computer via
`the second communication medium.
`In another aspect, the portable communication device is
`con?gured to receive and identify a piece of music from an
`audio source and transmit an identi?cation code associated
`With the piece of music via a ?rst communication medium.
`
`Google Ex. 1008
`
`

`

`Case 1:14-cv-02396-PGG-SN Document 234-14 Filed 11/11/20 Page 13 of 23
`
`US 7,444,353 B1
`
`3
`The host computer is con?gured to receive the identi?cation
`code from the portable communication device and access the
`piece of music from a storage medium.
`In another aspect, the present invention provides a portable
`communication device comprising a user interface and a
`transceiver. The user interface is con?gured to receive and
`process commands from a user. The user interface comprises
`a microphone con?gured to receive a sequence of sounds
`from an audio source upon a start command from the user
`received by the user interface. The transceiver is con?gured to
`transmit the sequence of sounds to a remote computer,
`Wherein the remote computer is con?gured to access the
`sequence of sounds from a storage medium and transmit the
`sequence of sounds to one or more reception units.
`Another aspect of the invention relates to a portable audio
`playback unit comprising a transceiver and an audio output.
`The transceiver is con?gured to receive one or more pieces of
`music from a computer via a Wireless communication
`medium. The pieces of music are identi?ed by the computer
`and received from a portable communication device. The
`audio output is con?gured to output the one or more pieces of
`music.
`Another aspect of the invention relates to a computer server
`comprising a transceiver and a matching module. The trans
`ceiver is con?gured to receive a ?rst sequence of sounds from
`a portable communication device. The matching module is
`con?gured to identify a second sequence of sounds that is
`substantially similar to the ?rst sequence of sounds. The
`matching module is con?gured to access the second sequence
`of sounds from a database. The transceiver transmits the
`second sequence of sounds to a reception unit.
`In another aspect, the present invention provides a method
`of delivering music, the method comprising: receiving a
`sampled piece of music from a portable communication
`device via a ?rst communication medium; comparing the
`sampled piece of music With a plurality of pieces of music
`stored in a storage medium at a server computer; identifying
`one or more pieces of music from the plurality of pieces of
`music in the storage medium, that are substantially similar to
`the sampled piece of music; and transmitting the one or more
`substantially similar pieces of music to a user-designated
`reception unit via a second communication medium.
`In another aspect, the present invention provides a method
`for receiving music, comprising: receiving an ambient broad
`cast of a piece of music from an audio source; obtaining an
`identi?cation code of the piece of music from the broadcast;
`transmitting the identi?cation code across a ?rst communi
`cation channel to a host computer con?gured to access the
`piece of music in a database; and transmitting the piece of
`music from the host computer across at least one of the ?rst
`communication channel and a second communication chan
`nel to one or more reception units.
`For purposes of summarizing the invention and the advan
`tages achieved over the prior art, certain objects and advan
`tages of the invention have been described herein. Of course,
`it is to be understood that not necessarily all such objects or
`advantages may be achieved in accordance With any particu
`lar embodiment of the invention. Thus, for example, those
`skilled in the art Will recogniZe that the invention may be
`embodied or carried out in a manner that achieves or opti
`miZes one advantage or group of advantages as taught herein
`Without necessarily achieving other objects or advantages as
`may be taught or suggested herein.
`All of these embodiments are intended to be Within the
`scope of the invention herein disclosed. These and other
`embodiments of the present invention Will become readily
`apparent to those skilled in the art from the folloWing detailed
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`4
`description of the preferred embodiments having reference to
`the attached ?gures, the invention not being limited to any
`particular preferred embodiment(s) disclosed.
`
`BRIEF DESCRIPTION OF THE DRAWINGS
`
`FIG. 1 illustrates one embodiment of a music and informa
`tion delivery system according to the teachings of the present
`invention;
`FIG. 2 illustrates one embodiment of a specialiZed portable
`communication device (SPCD) of FIG. 1;
`FIG. 3 illustrates one embodiment of a content transceiver/
`playback unit (CTBU) of FIG. 1;
`FIG. 4 illustrates one embodiment of a local system server
`of FIG. 1;
`FIG. 5 illustrates one embodiment of a user computer of
`FIG. 1;
`FIG. 6 illustrates one embodiment of a method of sam
`pling, identifying and transmitting one or more pieces of
`music and/or information related to the one or more pieces of
`music;
`FIG. 7 illustrates one embodiment of a method of sampling
`one or more pieces of music; and
`FIG. 8 illustrates one embodiment of a method of identi
`fying and transmitting one or more pieces of music and/or
`information related to the one or more pieces of music.
`
`DETAILED DESCRIPTION
`
`The present invention relates to music and information
`delivery systems and methods. One system of the present
`invention alloWs a user to sample and buy a piece of music
`almost instantaneously, regardless of the location of the user
`and regardless of the time When the user hears the music. The
`system provides various music delivery options. For example,
`the system alloWs a user to doWnload music to a portable
`Wireless phone, an organiZer, a laptop, a home computer, a
`discman, a Walkman, a home stereo system, a portable stereo
`system, and/or a vehicle stereo system. In addition, the sys
`tem may doWnload information related to the selected music,
`such as merchandise information, to such devices.
`The system alloWs the user to doWnload content (music
`and/or music-related information) to more than one device,
`including a device at a different geographical location from
`the user. For example, the user can request the transmission of
`content to a communication device in the possession of
`another user in another state or country. The system alloWs the
`user to doWnload music that the user hears on the radio, even
`When the user does not knoW the title of the music or the artist
`that created the music. The system also alloWs the user to
`doWnload music that is broadcast ambiently, for example at a
`party, store, theater, restaurant or bar.
`Various embodiments of the invention utiliZe (l) the Inter
`net, (2) Wireless communication technology, (3) embedded
`audio signal technology, (4) music data compression and
`transfer technology, (5) voice-activated command technol
`ogy and/or (6) audio signal identi?cation technology. Exem
`plifying Internet and Web technology are described in a pub
`lication entitled “WEB Techniques” published by Miller
`Freeman, such as Volume 5, Issue 2, dated February; 2000.
`Exemplifying Wireless communication systems are described
`in a text book entitled “Mobile Communications Engineer
`ing” by William C.Y. Lee, published by McGraW-Hill, copy
`right 1998, ISBN 0-07-037103 -2. Exemplifying telecommu
`nication systems are described in a text book entitled
`“Desktop Encyclopedia of Telecommunications” by Nathan
`J. Muller, published by McGraW-Hill, copyright 1998, ISBN
`
`Google Ex. 1008
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`Case 1:14-cv-02396-PGG-SN Document 234-14 Filed 11/11/20 Page 14 of 23
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`US 7,444,353 B1
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`5
`0-07-044457-9. Exemplifying embedded audio signal tech
`nology is describedinU.S. Pat. No. 5,581,576 entitled “Radio
`Information Broadcasting and Receiving System.” Exempli
`fying music data compression and transfer technology is
`described in US. Pat. No. 5,734,119 entitled “Method For
`Streaming Transmission of Compressed Music.” Exemplify
`ing voice-activated command technology is described in US.
`Pat. No. 5,703,308 entitled “Karaoke Apparatus Responsive
`to Oral Request of Entry Songs.” Exemplifying audio signal
`identi?cation technology is described in US. Pat. No. 5,581,
`658 entitled “Adaptive System For Broadcast Program Iden
`ti?cation And Reporting.”
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`6
`may ?rst transfer the user’s command to the user computer
`1 06, and then the user computer 106 transfers the command to
`the local server 104.
`As used herein, an “identi?cation” refers to a code identi
`fying a piece of music, or to at least a segment of a piece of
`music. As used herein, a “sample” refers to at least a segment
`of a piece of music. A “piece of music” may comprise, for
`example, a song, a portion of a song, an instrumental score,
`etc.
`In a block 302, the local server 104 receives the identi?ca
`tion from the user and accesses the identi?ed one or more
`pieces of music, other pieces of music related to the piece of
`music identi?ed by the user, and/ or information related to the
`identi?ed piece(s) of music from a database. In a block 304,
`the local server 304 transfers the identi?ed content (music,
`related music and/ or music-related information) over a com
`munication netWork 200, 202, 204, 206 or 208 to the SPCD
`102, CTPU 108 and/oruser computer 106, as requested by the
`user. Each device in FIG. 1 is described in further detail
`beloW.
`In one embodiment, the SPCD 102 (FIG. 1) is con?gured to
`sample and send ambient music to the ?rst local server 104,
`Which matches the sample to a piece of music in a database
`137 (FIG. 4). The ?rst local server 104 can then transmit the
`matched piece of music to a user-speci?ed device, as
`described further beloW. The CTPUs 108A-C are con?gured
`to receive, store, and/ or play transmissions of pieces of music.
`The ?rst user computer 106 and the CTPUs 108A-C are
`con?gured to play the music themselves or transfer the music
`to an external audio device, such as a stereo system.
`
`The SpecialiZed Portable Communication Devices (SPCD)
`FIG. 2 illustrates one embodiment of an SPCD of the
`present invention, such as the SPCD 102 shoWn in FIG. 1. The
`SPCD 102 is preferably a portable, handheld device that a
`user can conveniently carry on his or herbody. In one embodi
`ment, the SPCD 102 is a modi?ed Wireless phone, such as the
`Wireless phones manufactured by Nokia Corporation in Fin
`land, Ericsson Telephone Co. in Stockholm, SWeden or
`Motorola, Inc. in Schaumburg, Ill. In another embodiment,
`the SPCD 102 is a modi?ed laptop or personal organiZer, such
`as a Palm Pilot manufactured by Palm, Inc. in California.
`The SPCD 102 may comprise one of several different
`combinations of various components. In the embodiment
`shoWn in FIG. 2, the SPCD 102 comprises a microcontroller
`unit 116, a Wireless transceiver 130, a memory unit 118, a
`location identi?cation unit 120, a voice command activation
`unit 122, a con?gurable music sampler 124, a music sample
`length determination unit 126, an embedded code recognition
`unit 128, a destination directory 246, a channel availability
`determination module 256, a poWer supply 232, a user inter
`face 132 and ?lter(s) 264.
`Some of the components and modules illustrated in FIG. 2
`may be integrated or overlapped. The location identi?cation
`unit 120, voice command activation unit 122, con?gurable
`music sampler 124, music sample length determination unit
`126, embedded code recognition unit 128, destination direc
`tory 246, and channel availability determination module 256
`may each comprise softWare, hardWare or a combination of
`softWare and hardWare. In other embodiments, the SPCD 102
`may comprise other hardWare components and softWare
`modules instead of or in addition to the components and
`modules shoWn in FIG. 2. In other embodiments, the SPCD
`102 comprises less than all of the components shoWn in FIG.
`2.
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`Overall System Structure
`FIG. 1 illustrates one embodiment of a music and informa
`tion delivery system 100 according to the teachings of the
`present invention. In FIG. 1, the system 100 comprises a
`plurality of communication devices, Which may include, for
`example, a specialiZed portable communication device
`(“SPCD”) 102, a ?rst local server 104, a ?rst user computer
`106, and one or more content transceiver/playback units
`(“CTPUs”), such as a ?rst CTPU 108A, a second CTPU
`108B, and a third CTPU 108C, as illustrated. Although only
`one server, one SPCD, one user computer, and three CTPUs
`are shoWn, those of skill in the art Will understand that any
`number of such communication devices may be included
`Within the music and information delivery system 100 of the
`invention.
`In FIG. 1, the SPCD 102, local server 104, user computer
`106 and CTPUs 108A-108C communicate With each other
`via communication mediums 200-230. Each communication
`medium 200-230 may comprise one or more forms of com
`munication. For example, each communication medium 200
`230 may comprise a public telephone sWitching netWork
`(PSTN), an ISDN line, a cable system, a broadband system,
`an Internet system, a Wireless communication system, a ?ber
`channel, a ?ber optic cable netWork, etc., or some combina
`tion thereof. Some of these communication systems may
`overlap in various implementations of the present invention.
`The present invention may be implemented With other forms
`of communication not listed here. The present invention is not
`restricted to one or more particular forms of communication.
`A Wireless communication system used in embodiments of
`45
`the present invention may comprise an FM broadcast, an AM
`broadcast, a microWave link, a television broadcast using
`television channel bandWidth to transmit a compressed audio
`signal (e. g., using I PEG, MPEG or other standards), a cellular
`system, a digital cellular system, a personal communication
`services (PCS) system, a satellite communication system, a
`packet radio system, or a mobile broadband system, among
`others. A cellular system may use code division multiple
`access (CDMA, e.g., IS-95), time division multiple access
`(TDMA, e.g., IS-136, personal digital phone (PDC), Global
`System Mobile (GSM)), or frequency division multiple
`access (FDMA), among others.
`FIG. 6 illustrates one embodiment of a method of sam
`pling, identifying and transmitting one or more pieces of
`music and/or information related to the one or more pieces of
`music using the system of FIG. 1. In a start block 300, the
`SPCD 102, the user computer 106 or the CTPU 108 receives
`a command from a user and transfers the command to the
`local server 104 via a communication medium or netWork
`200, 202, 204, 206 or 208. For example, the user command
`may include an identi?cation or sample of one or more pieces
`of music. In one embodiment, the SPCD 102 or the CTPU 108
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`Case 1:14-cv-02396-PGG-SN Document 234-14 Filed 11/11/20 Page 15 of 23
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`US 7,444,353 B1
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`7
`The words “unit,” “module,” and “component,” as used
`herein, may comprise software, hardware or a combination of
`software and hardware.
`In FIG. 2, the microcontroller unit 116 may comprise one
`or more microprocessors and/ or controllers. In one embodi
`ment, the microcontroller unit 116 is a Pentium Processor,
`manufactured by Intel in Santa Clara, Calif. The microcon
`troller 116 is con?gured to process data and commands stored
`in the memory unit 118 and control the operation of the
`transceiver 130, user interface 132, location identi?cation
`unit 120, voice command activation unit 122, con?gurable
`music sampler 124, music sample length determination unit
`126, embedded code recognition u