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`IloNPJ.CHNU-15
`
`2|'I5 .
`one MAILED: n/nnod:
`
`~
`
`‘
`
`Q
`
`Please find below and/or attached an Office communication concerning this épplication or proceeding.
`
`' PTO-90C (Rev. mm)
`
`_
`
`(
`
`SONY Exhibit 1004 - Page 2328
`
`
`
`.
`Advisory Action
`
`Application No.
`
`'
`
`°9”55'm
`Examiner
`
`Appllfianllsi
`GOODMAN El’ AL.
`Aft Uni!
`
`~
`
`2175
`Charles L. Ronea
`-The MAILING DATE of this communication appears on the cover sheet with the correspondence address -
`
`FAILS TO PLACE THIS APPLICATION IN CONDITION FOR ALLOWANCE.
`THE REPLY FILED
`Therefore, further action by the applicant is required to avoid abandonment ot this application. A proper reply to a
`final rejection under 37 CFR 1.113 may Qty be either: (1) a timely flied amendment which places the application It
`condition for allowance; (2) a timely filed Notice of Appeal (with appeal fee); or (3) a tirneiy tiled Request for Continued
`Examination (RCE) in compliance with 37 CFR 1.114.
`PERIOD FOR REPLY [check either a) or b)]
`a) E The period tor reply expires lmonths train the mailing date of the nnai rejection.
`b) C] The period tor reply expire: on: (t) the mailing date oi this Amtsory Action, or (2) the date set forth in the final rejection, Mtlchever is later.
`no event, however, will the statutory period tor reply expire later than Six MONTHS tram the mailing data oi the that rejection.
`om.v CHECK ‘mus aox WHEN THE rmsr REPLY WAS men wnmm 1-wo MONTHS or THE FINAL REJECTION. Sea MFEP
`7oe.o1(r).
`Extension: oi time maybe obtained under 37 CFR t.t3B(a). The date on which the petition under 37 CFR 1.136(3) and the appropriate extension
`lee have been tiled is the date for purposes oldeierminlno the period at extension and the corresponding amount oi the tea. The appropriate extension
`tee under 37 CFR 1.11(a) is calculated from: (1) the expiration date or the shortened slattfloty period tor repty originally set in the final Office action: or
`(2) as setlorth in (b) above, it checked. Any reply received by the Office later than three months alter the mailing date of the line! rejection.‘ even it
`timely tiled, may reduce any earned patent term ad]ustmonL See 31 CFR t.704(b).
`
`in
`
`1 .E A Notice oi Appeal was filed on Q2 flqvemggg 2002. Appelianfeflriet must be tiled within the period set forth in
`' 37 CFR t.192(a), or any extension thereol (37 CFR 1.t91(d)). to avoid dismissal of the appeal.
`21:] The proposed amendment(s) will not be entered because:
`(a) E] they raise new issues that would require lunher consideration and/or search (see NOTE below);
`(b) D they raise the issue of new matter (see Note below);
`'
`(c) D they are not deemed to place the application in better lorrn tor appeal by materially reducing or simplifying the
`issues tor appeal; nncilor
`'
`
`(d) D they present additional claims without canceling a corresponding number of finally rejected claims.
`NOTE:
`.
`
`3.D Applicant's reply has overcome the loilowing re]ection(s):
`4.D Newly proposed or amended ctaim(s)
`would be allowable it submitted in a separate, timely tiled amendment
`canceling the non-allowable claim(s).
`
`51:} The a)U affidavit. b)C] exhibit, or c)D request for reconsideration has been considered but does NOT place the
`application in condition tor allowance because:
`6.D The aftidavit or exhibit will NOT beconsidered because it is not directed SOLELY to issues which were newly
`raised by the Examiner in the final rejection.
`‘
`7.1] For purposes "of Appeal. the proposed amendment(s) a)D will not be entered or b)D will be entered and an
`explanation of how the new or amended claims would be rejected is provided below or appended.
`The status at the ciairn(s) is (or will be) as follows:
`Claim(s) allowed: __
`Cleim(s) ob)acied to: ____.
`Claimts) rejected:
`Clalrn(s) withdrawn trom consideration: __
`8.U The drawing correction tiled on __ is a)D approved or b)E] disapproved by the Examiner,
`9.D Note the attached lntonnation Disclosure Slalement(s)( PTO-1449) Paper No(s).
`.
`10.D Other:
`
`U5. Patent and lrecanan om:
`PTOL-303 (Rev. 11-03)
`
`(\ cw €21
`
`Chartes L Rones
`Primary Examiner
`Alt Unit; 2175
`
`.
`
`AWIION ACUOI1
`
`Part oi Paper No. 13
`
`SONY Exhibit 1004 - Page 2329
`
`
`
`Exhibit 14
`
`SONY Exhibit 1004 - Page 2330
`
`
`
`
`
`ln Re the Application of:
`
`R0" GOODMAN’ ET AL
`Application NO;
`
`Filed:
`For.
`
`January 5, 2001
`AUTOMATIC HIERARCHICAL
`cunzconrzanon on MUSIC nv
`METADATA
`
`Art Group: 2175
` ¢n Roncg’
`
`6
`
`D
`
`F E3 0 5 2004
`
`Technology Center 2100
`PETITION FOR EXTENSION OF TIME PURSUANT TO 37 C.F.R. § i.lJ6(a)
`Commissioner for Patent:
`9.0. Box I450
`Alexandria, VA 22313-1450
`Sir:
`
`in accordance with 37 CF. R. § l.l36(a). Applicants for the above-identified application respecthxlly
`Petition the Cornrnissioner for a one (1) month extension of time, extending the period for response to February 03.
`2004, from the Advisory Action dated November I7. 2003. The petition filing fee of St 10.00 and a Requeet for
`Continued Examination are nrtnched.
`
`If it should be determined that a longer extension of time is required to prevent this application from being
`
`vabandoned, please charge any additional fees to Deposit Account No. 02-2666. A copy of the Fee Transmittal is
`enclosed for deposit account charging purposes.
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Docket No.: 6407P212
`
`Respectfully submitted,
`
`Marl: ll. Vatuone, Reg. No. 53,719
`
`12400 Wilshire Boulevard, 7!}: Floor
`Los Angele:,CA 90025
`Telephone: (408) 947-3200
`
`OZ/04/2001 EFLIRES
`02 FC:li.’Sl
`
`00000157 09755731
`|l0.00 09
`
`CERTIFICNTE OF MNUNGITRANSMISSION
`I hereby certify that this eorrexpondcuee is being deposited with the
`United States Postal Service on the date shown below with sumcicot
`postage as firs! class mail in an envelope addrmmi to: Mail Stop
`RCE. Commissioner for Patents, 9.0. Box l-$50, Alexandria. VA
`22313-I450.
`
`£11423; £442
`Dawn Shaw
`
`I2 Z9[o§g
`Dal
`
`SONY Exhibit 1004 - Page 2331
`
`Blalcely, SokolotT, Taylor 8: r.
`
`-
`
`.
`
`
`
`
`
`Exhibit 15
`
`SONY Exhibit 1004 - Page 2332
`
`
`
`
` _,
`.1‘ ‘REQUEST 3"
`
`FOR
`.
`CONTiN_UED‘EXAii[_i_l_i>_l_'A1.'.|:(._)N (RC E)
`3%“
`TRANSMITTAE
`
`
`25.-:::=.::~~~-
`Nani-n1; VA 2313-I130
`
`
`‘
`
`
`
` This is a Request (or continued Examination (ROE) under 37 C.F.R. 5 1 .114 of the above-identified application.
`Request for Continued Examination (RCE) practice under 37 CFR 51.114 does not apply to any utility or plan! application tiled prior to June
`5, 1995, one anydesiun epoiimtion. See lnutrucuon Sheet for ROE: (not to be submitted to the USPTO) on page 2.
`
`.
`
`.114
`
`‘L 0 5
`
`Submission required under 37
`a. U. Previous
`submitted
`
`I. D, Cons der the amendment(s)Jrepiy under 37 C.F.R. § 1.116 previously filed on
`
`"
`(ArryiuientarodImarirtrnenI(I)relenudioebovevo1Ibeu-itered).
`I. D. Consider the arguments in the Appeal Briei or Reply Briei previously filed on
`
`‘|‘eg_hnQ|ogy Cente 210i
`'"- D °m°’ '
`b. E Endosed
`i.
`AmendmenilRepiy
`iii. D iniormaiion Disclosure Staiemenl(iDS)
`i.
`i E] Ai‘iidavlt(s)IDeclaration(s)
`iv. D Other
`
`
`
`
`
`
`
`
`
`
`
`1.
`
`
`
`
`
`
`3.
`
`
`
`?-
`a. D. Suspension oi action on the above—identiried application is requested under 31 C.F.R. § 1;103(c) for a
`
`period of months.
`(Period :1! suspension man not exceed 3 monlha; Fee under 37 c,F.R. 5 1.170) mquuae)
`
`b. D. Oiher
`
`
`
`
`
`
`
`The ROE in under 31 C.F.R. 5 1.17(e) is reqilred by 37 C.F.R.§ 1.114 when the race is filed.
`Fees
`a. C]. The Director is hereby authorized to charge the following fees, or credit any overpayments, to
`Deposit Account No. 02-ge§6.
`'
`I. E. RCE fee required under 37 C.F.R. § i.17(e) and any eddiiionai claims iee(s)
`II. . Extension oi time fee (37:53. 5 Liaeanu 1.17)
`iii. D. Other: 13.00)
`_b. E. Check in the amount of 5880.99 enclosed
`c. Cl. Payment by credit card (Form PTO-Zctiflendosd)
`WARNING: Information on this iorm may become public. Credit card Information should not be
`included on this term. Provide credit card lntormation and authorization on PTO-2038.
`
`
`
`SIGNATURE OFAPPLICANT, ATTORNEY. OR AGENTREGUIRED
`
`
`Mark 1» va .-.13 53.719
`
`I /'
`we I 29 re’
` CERTIFICATE OF MAILING OR TRANSMISSION
`postage as
`I hereby certify that this wrrespondence is being depoaiteewtih the United States Postal Service on the date shown betowwitn euificienl
`
`iirst class mail in an envelope addressed to: Mail Stop RCE. Commissioner ior Patents. P.O. Box 1450. Alexandria. VA 22313-1450.
`
`
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`SONY Exhibit 1004 - Page 2333
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`SONY Exhibit 1004 - Page 2334
`
`Goflplota I! Known
`
`2175
`
`T
`2.. -_........,-__.4
`
`METHOD or PAYMENT (check an that apply)
`Ema Oman’
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`FEE CALCULA11ON (continued)
`3. ADDITIONAL FEES
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`Exhibit 15
`
`SONY Exhibit 1004 - Page 2335
`
`
`
` ' ~:“:»" ct No. 6407P2l2
`
`Patent
`‘
`'
`Response Under 37 CFR 1.116 — Expedited Procedure
`Examining Group 2175
`
`
`
`[N THE UNITED STATES PATENT AND TRADBIVIARK. OFFICE
`
`FEB 0 5 2004
`Examiner: Rones, Charles
`TGCWIOIDQY CW9‘ 2100
`Art Group: 2175
`I hereby certify that this correspondence ls belng
`deposited with the United States Postal Service as
`that class mail with sufllclant postage In an orrvotope
`addressed to the commissioner tor Patents, P.O. Box
`1450. Noxanuna. VA I231!-1450
`0,,
`-
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`Date 0! Deposit
`._.._.._Ilmn.B._§.l1a3ttt.._._____..___.__.
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`
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`
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`
`Dat
`
`In re Application of:
`
`Ron Goodman et al.
`Application No.:.O9/755,723
`
`t
`
`_
`
`Filed: January 5, 200]
`
`For: AUTOMATIC HIERARCHICAL
`
`CATEGORJZATION OF MUSIC BY
`METADATA
`
`
`
`Mail Stop RCE
`Commissioner ofPatcnts '
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`AMENDMENT ACCOMPANYING REQUEST FOR CONTINUING EXAMINATION
`
`Sir:
`
`Further to the Notice of Appeal ofNovember 3, 2003 and to the Final Office Action
`
`mailed July 29, 2003, Applicants respectfully request the Examiner to enter the following
`
`amendment and reconsider the present application in view of the submission below.
`
`Amendments to the Claims are reflected in the listing of claims which begin on page 2
`of this paper.
`'
`'
`
`Remarks/Arguments begin on page 8 of this paper.
`
`SONY Exhibit 1004 - Page 2336
`
`
`
`I"\\./
`
`_~ Amendments to the Claims:
`
`This listing of claims will replace all priorversions, and listings, of the claims in the
`
`application:
`
`Listing of Claims:
`
`'(Curre'ntl-yAA.mended) method, performed by a processor in a digital media player, for
`1.
`
`filing media tracks stored on a computer_—readable aaediamedium with each media track having
`- attri UiCh
`data for naming-identimng
`
`
`
`-
`
`-.
`
`. , said method comprising-the-eets
`
`reading a definition file that defines an ordered hierarchical tree structure having a
`
`plumliy of branches, with the hierarchical tree structure file-inchiding category names for
`
`narning—t«he~br-aaeh-branches under which tracks are sorted, subcategogg names for defining
`
`subcategofies within thebmches i
`
` , and structure information defining
`ww the hierarchy of branch names and subcategog names; afl
`for each track, detennining, based on
`'
`'
`the attribute data associated
`
`with the track if the track belongs in ne or more of the branches and, for each branch
`
`in which the track belongs, filing the track under one or more subcategories traversing-thebnmeh
`="".'= ‘: ::: :;‘: : as. :: :
`.
`: .-; :-:.
`_
`
`(Currently Amended) The method of claim I, ag%flwr
`
`
`
`comprising:
`
`ing track type infonnation to file only tracks ofa specified type under a particular
`
`
` nded) The method ofclaim 1, §n=ther—comprising—th<H§et9—e4':
`{Zingcategory structure infomiation to file tracks ina specified
`
`3.
`
`(Currently
`for each branch,
`attribute order.
`
`SONY Exhibit 1004 - Page 2337
`
`
`
`\.4‘
`
`(Currently Amended) The method of claim 1, where said digital media player includes a
`lay screen and a user interface for interacting with the display screen, fiirthenhe method
`‘ di
`com rising-the-aetsef:
`
`'
`
`flplayingthecategories andsubcategories on thedisplaygeflin ahierarchical order;
`
`laying a4l—names of at least some tracks associated with a category or sub-category
`
`di
`
`when a user
`
`tilizes the interface to select a category or sub-category;
`
`
`
`selection, playing .. ’
`
`selected category or subca ‘ go
`interface.
`
`
`5.
`
`(Canceled)
`
`(Currently Amended) A me
`6.
`filing media tracks, stored on a co
`
`erformed by a processor in a digital media player, for ~
`er-readable rnodiamedium, under categories in an-in
`
`memotw-1tree structure, with each media\{rack having met=a£lata—atn-ibute data identifing
`'
`\
`attributes of the track associated therewith t e attribute data including category name dnta-fies
`
`naming, said method comprising-the-sets-of:
`
`upon startup or when a track is added or
`each track; and
`
`
`
`angcd, searching the metaéata-attrihutes of
`
`
`for each track, automatically filing the track
`category associated with the attributes to form o-Qhie
`
`category name under each selected
`
`cltical track filing scheme.
`
`7.
`
`(Currently Amended) The method of claim 6,
`
`omprising-the-eet—of:
`
`selecting the categories to be the —album Albunrincl
`and the name ofthe artist that recorded the track.
`
`ing the track, the title of the track,
`
`SONY Exhibit 1004 - Page 2338
`
`
`
`.»'\
`
`
`
`
`(Currently Amended) The method of claim 6, where said digitalmedia player includes a
`
`lay screen and a user interface for interacting with the display screen fiunher-the method
`
`.
`
`isplaying the categories on the display sggggin a hierarchical order;
`laying all names of tracks associated with a category when a user utilizes the }§t_3_I‘
`interface to elect a category;
`
`acce ing and playing a track when a user selects a track name through the user interface,
`
`and
`
`d playing a collection of tracks within a category when a user select's a
`accessing
`category through the
`er interface.
`
`
`
`9.
`
`(Currently Amen
`
`d) A computer program product comprising:
`
`a computer readable
`
`edium having program code embodied therein for filing media
`
`tracks stored on a computer redable mediamedium with each media track having metadata
`
`'
`
`. : attribute data for naming-identifigjng attributes of
`
`:
`
`, said program code cornpn'sing:*
`
`
`
`teories within the branches m Hm
`- , and structure information
`
`= .:=.- ::..:: :- .. u: -: --: =::
`=
`defining -=
`suhcatcgog nmc w;
`
`= the hierarchy of branch names and
`
`program code, executed by a processor, for '
`
`ch traclg for determining, based on
`
` the attribute data associated with he track, if the track belongs in o_x1e_g_r
`
`
`
`
`under one or more subcategories
` .
`
`10.
`
`(Currently Amended) A computer program product com rising:
`
`SONY Exhibit 1004 - Page 2339
`
`
`
`-...z
`
`tracks stored on a computcr_—readable mediemedium, under categories in an-in-memerya tree
`
`( acomputerreadablemedium forhavingprogram codeembodiedtherein {orfilingmedia
`stmct1ir\§witheachmediatrackhavingmetadato-attributedataidentifing attributesofthetrack
`
`associat
`\therewith the attribute data including category name data-for-naming, said program
`code comprl ing:
`
`prograrq code, execute by a processor, upon startup or when a track is added or changed,
`for searching th metadata-attributes of each track; and
`
`program e de, executed by a processor, for each track, for automatically filing the track
`by category name uridcr each selected category to fonn a-a_n_hierarchical trick filing scheme.
`
`11.
`
`(New) A method f an-anging media information relating to media tracks stored on a
`
`computer-readablemcdiurghemethod comprising:
`
`ion file that includes a plurality ofcategories, wherein each
`reading a media def
`category groups tracks having dorresponding attributes associated with the media tracks; and
`for each track.
`
`identifying a
`
`identifying a category 1 ciated with each attribute; and
`
`_ grouping the track wi ‘tn ach category that has been identified.
`
`‘
`
`l2.
`
`(New) The method ofclaim ll, whgin each track is grouped within at least two
`
`categories of the media definition file and each ategory includes a list of tracks having
`
`corresponding attributes.
`
`
`
`13.
`
`(New) 'nie method of claim 1 I, wherein a pl
`
`lity of track identifiers are provided in
`
`each category, each track identifier being to identify a tr
`
`1; associated with the category.
`
`(New) The method of claim 1 1, wherein the plurali
`
`
`
`14.
`
`the categories comprise one of an album name category, an
`category.
`
`f categories relates to music and
`
`t name category, and a genre
`
`SONY Exhibit 1004 - Page 2340
`
`
`
`(New) The method of claim ll, wherein the at least one category comprises a plurality of
`
`egories associated with further attributes ofthe media tracks, the categories and the
`
` sub
`
`that includes a least one subcategory identifying a group with which the artist is associated.
`
`ethod of claim 15, wherein the category comprises a genre category that
`(New) The
`17. -
`includes at least one ubcategory identifying a group or artist associated with the genre category.
`
`(New) The metho of claim ll, wherein at least one category ofthe plurality of categories
`
`18.
`
`comprises a list of all tracks
`associated attributes
`
`19.
`
`(New) The method of
`
`than one category.
`
`sociated with the media definition file irrewective of their
`
`
`
`1, wherein a link to the same media track is provided in more
`
`20.
`
`(New) The method of claim 1, wh rein said grouping the track within each category
`
`comprises providing an identifier within e
`identifying the track associated with the categ
`
`category that has been ‘identified, the identifier
`
`2 l.
`
`(New) A method ofdisplaying media info
`
`ation on aidisplay screen, the media
`
`infomiation relating to media tracks stored on a com uter’-readable medium, the method
`comprising:
`retrieving display data for display on the display crccn from a media definition file that
`includes a plurality of categories, each category correspon 'ng to anlattribute associated with the
`media tracks, the display screen layout being based on the p rality of categories; and
`
`for each track, displaying the track under each category
`
`'th which it is associated.
`
`SONY Exhibit 1004 - Page 2341
`
`
`
`I-/‘\
`
`1' arranging media infonnation relating to media tracks stored on a
`
`
`
`
`, the method compxisingz.
`
`of attributes associated with a media track;
`
`SONY Exhibit 1004 - Page 2342
`
`
`
`."\
`
`I 1.
`
`Summary of the Office Action
`
`REMARKS
`
`Claims 1-4 and 6-10 stand rejected under 35 U.S.C.§ 102(1)) as allegedly being
`anticipated By U.S. patent no. 5,670,730 (hereinaftera“Grewe et al.").
`
`2.
`
`Response to § 102 Reiections
`
`Applicants respectfully traverse this rejection for the reasons set out below, and ask the
`Examiner for reconsideration.
`
`To anticipate a claimgthe reference must teach every element of the claim. "A claim is
`anticipated only ifeach and every element as set forth in theclaim is found, either expressly or
`
`inherently described, in a single prior art reference." Verdegaal Bros. v. Union Oil Co. of
`
`California 814 F.2d 628, 63], 2 USPQ2d 1051, I053 (Fed. Cir. 1987).
`
`Grewe teaches a system in which music files are ananged track-by—tmck. Each tile is
`
`provided with individual headers 36 that include category, anist, and track address infonnation
`
`(Figures 2-4 and col. 3 from ln. 29 onwards) associated with the particular track. The track
`address information is used to identify the start and/or end location of the file, so that the music
`
`player can locate and play the tile. Clearly, the tracks are arranged in n track-by-truck fashion
`
`and not based on the individual header 36. As can be seen from the description and in particular
`
`Figs. 3 and 4, the table of contents 34 is nothing more than a sequential list of the individual
`
`headers, ordered track—by—track, one after the other. The category information (see category field
`
`40) and the artist infonnation (see artist field 42) are thus dispersed. Thus, it is not readily ‘
`
`apparent which set of tracks is in which genre or which set of tracks is perfonned by one
`particular artist.
`
`SONY Exhibit 1004 - Page 2343
`
`
`
`/\
`
`Claim 1, as amended, reads as follows:
`
`A method,7performed by a processor in a digital media player, for filing media tracks
`‘'1.
`stored on a computer-readable medium, with each media track having attribute data for
`identifying attributes of the track, said method comprising:
`reading a definition file that defines an ordered hierarchical tree structure having a
`
`plurality ofbranches, with the hierarchical tree structure including category names for
`
`naming branches under which tracks are sorted subcategory names for defining
`subcategories within the branches, and structure information defining the hierarchy of branch
`
`names and subcategory names; and
`
`for each track, detennlning, based on the attribute data associated with the track if the
`
`track belongs in one or more of the branches, and, for each branch in which the track
`
`belongs, filing the track under one or more subcategories"
`
`Claim 1 includes the limitation of a “hierarchical tree structure including category
`names for naming branches under which tracks are sorted"
`
`Firstly. Grewe does not teach or suggest "reading a definition file that defines an
`
`ordered hierarchical tree structure having a plurality of branches, with the hierarchical tree
`
`structure Including category names for naming branches under which tracks are sorted
`
`subcategory names for defining subcategories within the branches, and structure information
`defining the hierarchy of branch names and subcategory names." In Grewe, the tracks are not
`
`sorted according to category names that are provided in a branch but rather in sequential blocks
`ofmemory locations. There is no hiergrchical relationship between the category field 40 or the
`artist field 42 with a particular track and any hierarchy in Grewe.
`'
`
`Secondly, as the tracks in Grewe are filed sequentially in memory according to track
`number, the limitation of claim l of "for each track, determining, based on the attribute data
`
`associated with the track it the track belongs in one or more of the branches, and, for each
`
`branch in which the track belongs, filing the track under one or more subcategories" is also
`not described or even suggested in Grewe.
`
`SONY Exhibit 1004 - Page 2344
`
`
`
`('3
`
`In View ofthe above, it is submitted that Grewe does not describe or even suggest all the
`limitations ofclaim 1. Accordingly, claim 1 is allowable and, as claims 1-4 are dependent upon
`claim 1, they are also allowable.
`
`Claim 9, as amended, also includes the limitation of “reading a definition file that defines
`
`an ordered hierarchical tree structure having a plurality of branches, with the hierarchical tree
`
`‘structure including category names for naming branches under which tracks are sorted."
`
`Claim 9 also includes the limitation wherein, for each track, “determining, based on the attribute
`
`data associated with the track, it’ the track belongs in one or more oi‘ the branches, and, for
`
`each branch in which the track belongs, filing the track under one or more subcategories."
`
`Accordingly, in View of the remarks above, it is submitted that claim 9 is also allowable.
`
`Claim 6, as amended, reads as follows:
`
`"6.
`
`A method, performed by a processor in a digital media player, for filing media tracks,
`
`stored on a computer-readable medium, under categories in a tree structure, with each media
`track having attribute data identifying attributes of the track associated therewith, the attribute
`data including category name data, said method comprising:
`upon startup or when a track is added or changed, searching the attributes of each track;
`
`and
`
`for each track, automatically filing the track by category name under each selected
`category associated with the attributes to form an hierarchical track filing scheme."
`
`Claim 6 includes the limitation of “for each track, automaticauy filing the track by
`
`category name under each selected category associated with the attributes to fonn an
`hierarchical track filing scheme." This limitation is also not described or even suggested in
`Grewc that tiles tracks sequentially track—by-track. The filing system of Grewe merely appends
`each individual header 36 to the last individual header 36 in the table of contents 34 so that
`
`tracks having a common category field 40 or a common artist field 42 are dispersed (see
`
`10
`
`SONY Exhibit 1004 - Page 2345
`
`
`
`Figures 3 and 4). Grewe does not describe, or even suggest, “for each track, filing the track by
`category name under each selected category” as claimed in claim 6.
`
`In View of the above it is submitted that claim 6 is allowable and, as claims 7 and 8 are
`
`dependent upon claim 6, they are also allowable.
`
`_Claim 10, as amended, also includes the limitation of, for each track, "automatically
`
`filing the track by category name under each selected category to l'orm~nn hierarchical
`
`track tlllng scheme." Accordingly, in view of the remarks above, it is submitted that claim 10
`is also allowable.
`
`Claim ll reads as follows:
`
`"l l. A method of arranging media infonnation relating to media tracks stored on a computer-
`
`readable medium, the method comprising:
`
`.
`
`'
`
`reading a media definition file that includes a plurality ofcategories, wherein each
`
`category groups tracks having corresponding attributes associated with the media tracks; and
`for each track,
`
`identifying a plurality of attributes associated with the track;
`. identifying a category associated with each attribute; and
`
`grouping the track within each eategorythnt has been identified."
`
`Claim ll includes the limitation of “reading a media definition file that includes a
`
`plurality ofcategories, wherein each category groups trucks hnvlng corresponding attributes
`associated with the media tracks." This limitation is also not disclosed in Grewe that merely
`
`arranges tracks in a sequential order resulting category fields 40 and artist fields 42 that are
`
`dispersed and not grouped as claimed in claim ll.
`
`The above limitation in claim ll must also be read in conjunction with the grouping
`
`operation performed for each track. In particular. claim 1 1 includes the limitation of, For each
`
`track, “grouping the track within each category that has been identified." Grewe does not
`
`ll
`
`SONY Exhibit 1004 - Page 2346
`
`
`
`group tracks within a category but merely identifies a category associated with the track. Further,
`
`the category field 40 and artist field 42 are dispersed in Grcwc.
`
`'
`
`In view of the above it is submitted that claim 11 is allowable. As claims 12-20 are
`
`dependent upon claim 1 1, they are also allowable.
`
`_
`
`Claim_ 21 reads as follows:
`“Z1. A method of displaying media information on a display screen, the media
`
`information relating to media tracks stored on a computer-readable medium, the method
`comprising:
`I
`I
`retrieving display data for display on the display screen from a media definition file that
`includes aplurality of categories, ‘each category corresponding to an attribute associated with the
`
`media tracks, the display screen lnyout being based on the plurality of categories; and
`for each track, displaying the track under each category with which It is associated."
`
`Grewe does not even mention that information can be displayed on a display screen.
`
`- Accordingly, Grewe does not describe or even suggest the limitations of a "display screen
`
`layout being based on the plurality of categories; and for each track, displaying the track
`
`under each category with which it is associated.”
`
`in view of the above it is submitted that claim 21 is allowable and, as claim 22 is
`
`dependent upon claim 21 , it is also allowable.
`
`Claim 23 reads as follows:
`
`"23. A method of arranging media infonnation relating to media tracks stored on a
`
`computer-readable medium, the method comprising:
`
`identifying a plurality ofattributes associated with a media track;
`identifying at least two categories. each identify category corresponding to an attribute;
`
`and
`
`12
`
`SONY Exhibit 1004 - Page 2347
`
`
`
`providing a link to the track in each of the categories identified to provide a
`
`plurality of links in each category that identifies a plurality of tracks associated with the
`category."
`
`Thelimitation of“provlding a link to the track in each of the categories identified to
`_
`provide a plurality of links in each category that identify a plurality of tracks associated
`
`with the category” is not described or even suggested in Grewe. Accordingly, claim 22 is also
`
`allowable.
`
`_
`
`In light of the above, Applicants respectfully submit that the rejection under 35 U.S.C. §
`102 has been-also been overcome, and withdrawal ofthis rejection is therefore respectfiiily
`
`requested.
`
`3.
`
`Conclusion
`
`Having tendered the above remarks and amended the claims as indicated herein,
`
`Applicants respectfully submit that all rejections have been addressed and that the claims are
`now in a condition for allowance, which is eamestly solicited.
`
`lfthere are any additional charges, please charge Deposit Account No. 02-2666. If a
`
`telephone interview would in any way expedite the prosecution of the present application, the
`
`Examiner is invited to contact Garth Vivicr at (408) 947-8200 ext. 245.
`
`Respectfully submitted,
`BLAKELY, SOKOLOFF, TA
`
` Dated:
`
`/ .79
`
`2004
`
`12400 Wilshire Blvd.
`Seventh Floor
`Los Angeles, CA 90025-1026
`(408) 947-8200
`
`‘Mark Vamone
`Reg. No. S3,7l9
`
`.
`
`l3
`
`SONY Exhibit 1004 - Page 2348
`
`
`
`Exhibit 17
`
`SONY Exhibit 1004 - Page 2349
`
`
`
`
`
`In re application of: Goodman,-et al
`
`Application No.: 09/755,723
`.
`¥t‘r;‘cEtvED
`n..¢ my 5, 2001
`*
`M“ ° 6 2°04
`Title: AUTOMATIC HIERARCHICAL
`CATEGORIZATION»-OF‘ MUSIC BY
`Technology Cenler 2100
`METADATA
`
`
`Attorney Docket No.:
`6407P2l2
`‘
`
`Examiner: Rones, Cha
`»
`Group: 2175
`
`g
`
`.
`
`§flfl
`[hereby certify that this eonupondcnee in being deposited
`with the United Sutu Posul Sa-vlu: as Fml Clm Mull to:
`Cornmhtionci fol Pltrnu. Alexandril. VA 22313 no Aprll
`11,2004.
`
`Sigrid:
`I
`
`’
`
`Kuut How:-Bchmaz
`
`-Amendment and Response to Restriction Reguirement
`
`Mail Stop Amendment
`Commissioner for Patents
`PO. Box 1450
`Alexandria, VA 22313-1450
`
`'
`
`Dear Sir:
`
`’
`
`The enclosed remarks and amendments are submitted in response to the to the ’
`Office Action mailed on March 30, 2004 wherein a restriction requirement was imposed.
`Applicanm respectfully request reconsideration of the captioned npplication in View of
`
`the following remarks nnd amendments. A listing of the claims commences on page 2.
`Remarks begin on page 6 of this paper.
`’
`
`'
`
`.USSN: o9ns5,723_
`
`1
`
`Atty Dkt No.2
`
`.:r
`
`SONY Exhibit 1004 - Page 2350
`
`
`
`
`
`' Listing of Claims:
`
`This listing of claims will replace all prior versions and listings of claims in the
`
`application:
`
`.
`
`l. (withdrawn) A method,~performed by a processor in a digital media player, for
`
`filing media tracks stored on a computer-readable medium, with each media track having
`attribute data for identifying attributes ofthe track, said m