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`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria1 Virginia 22313- 1450
`wwwnsptogov
`
`APPLICATION NO.
`
`
`
`
`
` F ING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`
`
`
`
`CONF {MATION NO.
`
`12/114,286
`
`05/02/2008
`
`Martin Weel
`
`1116—065B
`
`2773
`
`01/22/2010
`7590
`71739
`WITHROWWRRANOVACT
`100 REGENCY FOREST DRIVE , SUITE 160
`CARY, NC 27518
`
`WASEL, MOHAMED A
`ART UNIT
`PAPER NUMBER
`
`2454
`
`MAIL DATE
`
`01/22/2010
`
`DELIVERY MODE
`
`PAPER
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`PTOL-90A (Rev. 04/07)
`
`Yamaha Corporation of America
`
`Exhibit 1003
`
`Page 1
`
`Yamaha Corporation of America Exhibit 1003 Page 1
`
`

`

`
`
`Office Action Summary
`
`Application No.
`
`Applicant(s)
`
`12/114,286
`
`WEEL, MARTIN
`
`Examiner
`
`MOHAMED WASEL
`
`Art Unit
`
`2454 -
`
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE 3 MONTH(S) OR THIRTY (30) DAYS,
`WHICHEVER IS LONGER, FROM THE MAILING DATE OF THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR 1.136(a).
`In no event however may a reply be timely filed
`after SIX (6) MONTHS from the mailing date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1.704(b).
`
`Status
`
`1)IXI Responsive to communication(s) filed on 02 May 2008.
`
`2a)I:I This action is FINAL.
`
`2b)IZI This action is non-final.
`
`3)I:I Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`
`closed in accordance with the practice under EX parte Quayle, 1935 CD. 11, 453 O.G. 213.
`
`Disposition of Claims
`
`4)IZI Claim(s) 1-12 is/are pending in the application.
`
`
`is/are withdrawn from consideration.
`
`4a) Of the above Claim(s)
`
`
`5)I:I Claim(s)
`
`is/are allowed.
`
`6)IXI Claim(s)1-_12 is/are rejected.
`
`7)I:I Claim(s) _ is/are objected to.
`
`8)I:I Claim(s) _ are subject to restriction and/or election requirement.
`
`Application Papers
`
`9)I:I The specification is objected to by the Examiner.
`
`10)IZ The drawing(s) filed on 02 May 2008 is/are: a)IXI accepted or b)I:I objected to by the Examiner.
`
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121(d).
`
`11)I:I The oath or declaration is objected to by the Examiner. Note the attached Office Action or form PTO-152.
`
`Priority under 35 U.S.C. § 119
`
`12)I:I Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)—(d) or (f).
`
`a)I:I All
`
`b)I:I Some * c)I:I None of:
`
`1.I:I Certified copies of the priority documents have been received.
`
`2.I:I Certified copies of the priority documents have been received in Application No.
`
`
`
`3.I:I Copies of the certified copies of the priority documents have been received in this National Stage
`
`application from the International Bureau (PCT Rule 17.2(a)).
`
`* See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`4) D Interview Summary (PTO-413)
`1) E Notice of References Cited (PTO-892)
`Paper No(s)/Mai| Date. _
`2) D Notice of Draftsperson‘s Patent Drawing Review (PTO-948)
`5) I:I Notice of Informal Patent Application
`3) IZI Information Disclosure Statement(s) (PTO/SB/08)
`
`Paper N0(S)/Mai| Date 7/23/2008 (both IDS’SI, 7/22/2009 & 11/20/2009.
`6) D Other:
`U.S. Patent and Trademark Office
`
`PTOL-326 (Rev. 08-06)
`
`Part of Pa er No .lMail Date 20100114
`Office Action Summayy
`amaha Corporation of America
`xhibit 1003
`Page 2
`
`Yamaha Corporation of America Exhibit 1003 Page 2
`
`

`

`Application/Control Number: 12/114,286
`
`Page 2
`
`Art Unit: 2454
`
`DETAILED ACTION
`
`This action is responsive to application filed on May 2, 2008. Claims 1-12 are pending and presented for
`
`examination.
`
`Information Disclosure Statement
`
`The information disclosure statement (IDS) submitted on 7/23/2008, 7/22/2009 and 11/20/2009
`
`have been considered by the examiner.
`
`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 —
`
`(e) the invention was described in (1) an application for patent, published under section 122(b), by another
`filed in the United States before the invention by the applicant for patent or (2) a patent granted on an
`application for patent by another filed in the United States before the invention by the applicant for patent,
`except that an international application filed under the treaty defined in section 351(a) shall have the effects
`for purposes of this subsection of an application filed in the United States only if the international application
`designated the United States and was published under Article 21(2) of such treaty in the English language.
`
`Claims 1-3 and 6-12 are rejected under 35 U.S.C. 102(e) as being anticipated by Hawkins et al
`
`(hereinafter referred to as "Hawkins"), US Patent Application Pub. No. 2005/0210507.
`
`1.
`
`As per claim 1, Hawkins teaches a method comprising:
`
`receiving, at a remote control, a playlist from a remote source (Paragraph(s) [0006], [0015]); and
`
`presenting the playlist to a first user associated with the remote control such that the first user is
`
`enabled to select at least one item from the playlist for playback by a media player device associated with
`
`the remote control (Paragraph(s) [0007], [0015], [0031]).
`
`2.
`
`As per claim 2, Hawkins teaches the method wherein the playlist is further communicated from
`
`the remote source to the media player device (Paragraph(s) [0015]).
`
`3.
`
`As per claim 3, Hawkins teaches the method further comprising communicating the playlist from
`
`the remote control to the media player device (Paragraph(s) [0015]).
`
`4.
`
`As per claim 6, Hawkins teaches the method wherein the remote source is a central server
`
`(Paragraph(s) [0015]).
`
`Yamaha Corporation of America
`
`Exhibit 1003
`
`Page 3
`
`Yamaha Corporation of America Exhibit 1003 Page 3
`
`

`

`Application/Control Number: 12/114,286
`
`Page 3
`
`Art Unit: 2454
`
`5.
`
`As per claim 7, Hawkins teaches the method wherein the remote source is a peer-to-peer
`
`network formed by a plurality of user devices, and receiving the playlist comprises receiving the playlist
`
`from one of the plurality of user devices (Paragraph(s) [0036]).
`
`6.
`
`As per claim 8, Hawkins teaches the method wherein each of the plurality of user devices forming
`
`the peer-to-peer network is a user device selected from a group consisting of: a media player device and
`
`a remote control (Paragraph(s) [0015]).
`
`7.
`
`As per claim 9, Hawkins teaches the method wherein the remote source is the media player
`
`device (Paragraph(s) [0017]).
`
`8.
`
`As per claim 10, Hawkins teaches a remote control comprising:
`
`a communication interface communicatively coupling the remote control to a remote source via a
`
`network (Paragraph(s) [0015], [0020]); and
`
`a control system associated with the communication interface (Paragraph(s) [0020]) and
`
`adapted to:
`
`receive a playlist from the remote source (Paragraph(s) [0006], [0015]); and
`
`present the playlist to a first user associated with the remote control such that the first user is
`
`enabled to select at least one item from the playlist for playback by a media player device associated with
`
`the remote control (Paragraph(s) [0007], [0015], [0031]).
`
`9.
`
`As per claim 11, Hawkins teaches a method comprising:
`
`receiving, at a media player device, a playlist from a remote source (Paragraph(s) [0006],
`
`[0015]); and
`
`communicating the playlist from the media player device to a remote control associated with the
`
`media player device (Paragraph(s) [0015]), wherein, at the remote control, the playlist is presented to a
`
`first user associated with the remote control and used by the first user to select at least one item from the
`
`playlist for playback by the media player device (Paragraph(s) [0007], [0015], [0031]).
`
`10.
`
`As per claim 12, Hawkins teaches a media player device comprising:
`
`a communication interface communicatively coupling the media player device to a remote source
`
`via a network (Paragraph(s) [0015]); and
`
`Yamaha Corporation of America
`
`Exhibit 1003
`
`Page 4
`
`Yamaha Corporation of America Exhibit 1003 Page 4
`
`

`

`Application/Control Number: 12/114,286
`
`Page 4
`
`Art Unit: 2454
`
`a control system associated with the communication interface (Paragraph(s) [0020]) and
`
`adapted to:
`
`receive a playlist from the remote source (Paragraph(s) [0006], [0015]); and
`
`communicate the playlist from the media player device to a remote control associated with the
`
`media player device (Paragraph(s) [0015]), wherein, at the remote control, the playlist is presented to a
`
`first user associated with the remote control and used by the first user to select at least one item from the
`
`playlist for playback by the media player device (Paragraph(s) [0007], [0015], [0031]).
`
`Claim Rejections - 35 USC § 103
`
`The following is a quotation of 35 U.S.C. 103(a) which forms the basis for all obviousness
`
`rejections set forth in this Office action:
`
`(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in
`section 102 of this title, if the differences between the subject matter sought to be patented and the prior art
`are such that the subject matter as a whole would have been obvious at the time the invention was made to
`a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be
`negatived by the manner in which the invention was made.
`
`Claims 4 and 5 are rejected under 35 U.S.C. 103(a) as being unpatentable over Hawkins et al
`
`(hereinafter referred to as "Hawkins"), US Patent Application Pub. No. 2005/0210507 in view of Gang et
`
`al (hereinafter referred to as “Gang”), US Patent No. 7,075,000
`
`11.
`
`As per claim 4, Hawkins teaches the method wherein the remote source stores a plurality of
`
`playlists including the playlist and the plurality of playlists are associated with a plurality of users
`
`(Paragraph(s) [0024]).
`
`Hawkins fails to explicitly teach comparing each of a plurality of user profiles of the plurality of
`
`users with a target user profile of the first user associated with the remote control to select a matching
`
`user profile from the plurality of user profiles and effecting selection of a playlist of a matching user
`
`associated with the matching user profile from the plurality of playlist as the playlist to be communicated
`
`to the remote control.
`
`However, Gang discloses comparing each of a plurality of user profiles of the plurality of users
`
`with a target user profile of the first user associated with the remote control to select a matching user
`
`Yamaha Corporation of America
`
`Exhibit 1003
`
`Page 5
`
`Yamaha Corporation of America Exhibit 1003 Page 5
`
`

`

`Application/Control Number: 12/114,286
`
`Page 5
`
`Art Unit: 2454
`
`profile from the plurality of user profiles (col. 2 lines 28-41, col. 5 lines 35-49, col. 11 lines 10-20) and
`
`effecting selection of a playlist of a matching user associated with the matching user profile from the
`
`plurality of playlist as the playlist to be communicated to the remote control (col. 3 lines 34-39).
`
`Therefore, it would have been obvious to one of the ordinary skill in the art at the time of the
`
`applicants' invention to combine the teachings of Hawkins and Gang because it provides an efficient way
`
`of matching a playlist of a target user profile with other users to better determine a playlist of interest to
`
`the user based on the other users recommendations.
`
`12.
`
`As per claim 5, Hawkins teaches the method wherein the matching user profile is one of the
`
`plurality of user profiles (Paragraph(s) [0036]) most similar to the target user profile (Paragraph(s)
`
`[0007]).
`
`Conclusion
`
`The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
`
`Please refer to form PTO-892 (Notice of Reference Cited) for a list of relevant prior art.
`
`Any inquiry concerning this communication or earlier communications from the examiner should
`
`be directed to Mohamed Wasel whose telephone number is (571 ) 272-2669. The examiner can normally
`
`be reached on Mon-Fri (8:00 am - 5:30 pm).
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor,
`
`Nathan Flynn can be reached on (571) 272-1915. The fax phone number for the organization where this
`
`application or proceeding is assigned is 571-273-8300.
`
`Yamaha Corporation of America
`
`Exhibit 1003
`
`Page 6
`
`Yamaha Corporation of America Exhibit 1003 Page 6
`
`

`

`Application/Control Number: 12/114,286
`
`Page 6
`
`Art Unit: 2454
`
`Information regarding the status of an application may be obtained from the Patent Application
`
`Information Retrieval (PAIR) system. Status information for published applications may be obtained from
`
`either Private PAIR or Public PAIR. Status information for unpublished applications is available through
`
`Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should
`
`you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC)
`
`at 866-217-9197 (toll-free)? If you would like assistance from a USPTO Customer Service Representative
`
`or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-
`
`1000.
`
`/Mohamed Wasel/
`
`Patent Examiner, Art Unit 2454
`January 16, 2010
`
`Yamaha Corporation of America
`
`Exhibit 1003
`
`Page 7
`
`Yamaha Corporation of America Exhibit 1003 Page 7
`
`

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