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`Case 8:20-cv-03125—PWG Document 1-4 Filed 10/27/20 Page 1 of 21
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`EXHIBIT C
`EXHIBIT C
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`Case 8:20-cv-03125-PWG Document 1-4 Filed 10/27/20 Page 2 of 21
`USOO631.4577B1
`(10) Patent No.:
`US 6,314,577 B1
`(45) Date of Patent:
`*Nov. 6, 2001
`
`(12) United States Patent
`Pocock
`
`(54) APPARATUS AND METHOD TO GENERATE
`AND ACCESS BROADCAST INFORMATION
`(76) Inventor: Michael H. Pocock, 485 Queens
`St. London, Ontario (CA),
`
`(*) Notice:
`
`0
`-
`Subject to any disclaimer, the term of this
`patent is extended or adjusted under 35
`U.S.C. 154(b) by 0 days.
`This patent is Subject to a terminal dis
`claimer.
`
`(21) Appl. No.: 08/916,099
`
`4,757,267
`7/1988 Riskin .................................. 379/113
`4,789,863
`12/1988 Bush ............................... 379/101.01
`5,359,419
`10/1994 Kawasaki ................................. 34.8/6
`SE; : 1910 f Shville
`*:
`2 : a-2
`Oatly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
`5,539,635
`7/1996 Larson ............................ 379/101.01
`5,592,551
`1/1997 Lett et al. ............................ 34.8/906
`5,635,978
`6/1997 Alten et al. .......................... 34.8/906
`5,661,787 * 8/1997 Pocock .........
`379/101.01
`5,703,795 * 12/1997 Mankovitz ........................... 345/327
`5,734,961 * 3/1998 Castille ...
`... 379/101.01
`5,809,246
`9/1998 Goldman ......................... 379/101.01
`* cited by examiner
`Primary Examiner Andrew Faile
`ASSistant Examiner-Reuben M. Brown
`
`Related U.S. Application Data
`
`(63) Continuation of prise No. 08/329,837, filed on Oct.
`27, 1994, now Pat. No. 5,661,787.
`(51) Int. Cl. ............................. H04N 7/173; H04M 1/00
`(52) U.S. Cl. ............
`725/93; 725/48; 379/101.01
`(58) Field of Search .................................... 348/7, 12, 13;
`379/101.01; 455/2, 186.1, 186.2, 6.3; 360/15,
`60; 725/37–39, 115, 145
`
`(56)
`
`4,506,387
`
`References Cited
`U.S. PATENT DOCUMENTS
`3/1985 Walter ...................................... 348/7
`
`The System enables listeners and viewers of a broadcast to
`access additional information associated with a broadcast.
`Listeners and viewers utilize a user device to connect to a
`database containing program descriptions (e.g. audio, text,
`Video, or combination thereof) further describing the pro
`gramming and ancillary information. The database is
`indexed by the broadcast's program list or schedule thereby
`allowing a user of the system to search and select a particular
`program description of interest. Hearing or viewing program
`descriptions enables users to preview excerpts and review a
`broadcast before purchasing an item heard or viewed on a
`broadcast.
`
`130 Claims, 7 Drawing Sheets
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`PreRecorded
`Program
`Description
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`fo20
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`Schedule
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`List of
`Program Materials
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`Case 8:20-cv-03125-PWG Document 1-4 Filed 10/27/20 Page 3 of 21
`Case 8:20-cv-O3125-PWG Document 1-4 Filed 10/27/20 Page 3 of 21
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`U.S. Patent
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`Nov. 6, 2001
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`US 6,314,577 B1
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`Case 8:20-cv-03125-PWG Document 1-4 Filed 10/27/20 Page 4 of 21
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`Nov. 6, 2001
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`Nov. 6, 2001
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`U.S. Patent
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`Nov. 6, 2001
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`Case 8:20-cv-03125-PWG Document 1-4 Filed 10/27/20 Page 8 of 21
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`U.S. Patent
`
`Nov. 6, 2001
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`Sheet 7 of 7
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`US 6,314,577 B1
`
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`Case 8:20-cv-03125-PWG Document 1-4 Filed 10/27/20 Page 9 of 21
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`
`

`

`1
`APPARATUS AND METHOD TO GENERATE
`AND ACCESS BROADCAST INFORMATION
`
`US 6,314,577 B1
`
`This application is a continuation of application Ser. No.
`08/329,837, filed Oct. 27, 1994, now U.S. Pat. No. 5,661,
`787.
`
`5
`
`FIELD OF THE INVENTION
`The present invention relates generally to a method and
`apparatus to enable a broadcast listener to automatically
`purchase a music product Such as a record album, cassette
`tape or compact disk without the intervention of an operator
`after hearing a music piece played on a radio Station or
`music television Station. More specifically, the preferred
`embodiment of the invention utilizes a programmed data
`processor, a digitally Stored audio database containing the
`names of musical artists and groups, the names of pieces
`which have been recorded on the musical products, musical
`excerpts of these pieces, and a telephone System to replay
`this descriptive information through a telephone connection
`to a potential purchaser. This method utilizes the program
`Schedule from a local radio Station indicating when pieces
`will be played, a digital recording facility to automatically
`record excerpts of the music pieces played, a telephone
`system to decode DTMF tones from a touch tone telephone
`and an interface to a data communications network for
`communication with remote databases and computers.
`BACKGROUND OF THE INVENTION
`Radio networks offer the most significant marketing
`medium for the music industry to create awareneSS for music
`titles and artists. But music products Such as records, cas
`Settes and compact disks (CDs) are inconvenient to purchase
`at the time when the consumer has the maximum impulse to
`buy, after hearing a musical piece on the radio.
`Additionally, the inability to automate many of the key
`functions of a radio based, direct marketing Sales operation
`make it cost prohibitive for a Single radio Station to establish
`a direct marketing Service linked to the music they broadcast
`Station operators offer different programming in each mar
`ket area making it unsuitable to link their Stations into a
`national music retail network. AS well, regulatory limitations
`curtail the number of Stations a radio operator can own in a
`major market thereby limiting the number of listeners below
`the critical mass necessary to operate a profitable direct
`marketing music business.
`Radio broadcasters provide no means to fulfill the impulse
`purchase nature of the radio business. When a radio listener
`hears a music piece they wish to purchase they must listen
`for, and remember, the artists name and title of the Song. In
`many instances it is inconvenient to write this information
`down for future reference. In order to purchase the music
`product containing the Song heard on the radio the consumer
`must be further motivated to travel to a music store to
`proceed with the purchase process. At the music Store the
`potential purchaser must determine if the Selected music
`product is in Stock and assess the pricing information.
`The consumer is further constrained because they are
`unable to preview the Songs on the music product they are
`considering because the music products are packaged and
`cannot be played at the Store. The potential purchaser must
`remember and continue to be motivated by the music piece
`heard on the radio broadcast, possibly from days ago, and
`hope the other pieces recorded on the album are of Sufficient
`interest to justify the purchase. The inconvenience and
`inability to Sustain the impulse impetus Severely impacts the
`purchase process.
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`Radio networks are unable to capitalize on the direct
`marketing opportunities they initiate through impulse music
`purchases because of the high cost of creating a direct
`marketing operation. Coordinating and tracking the music
`aired with the music products to be Sold, recording of
`musical excerpts to be previewed, customer Service opera
`tions and order fulfillment are all high overhead activities
`requiring a large dedicated Staff with a separate skill Set than
`radio Station perSonnel. The cost for a radio Station to
`establish a direct marketing operation far exceeds the returns
`from the music Selling proceeds derived from a Single radio
`Station.
`Cable television shopping networks have Successfully
`developed large direct marketing networks based on national
`coverage by telecasting their programming over many cable
`companies reaching millions of potential purchasers. Radio
`Station operators are unable to market music products in the
`Same manner because Station operators broadcast different
`music programming in each market preventing the linking of
`these Stations into a common national market.
`Radio is the most widely received broadcast medium
`throughout the world. The problems as previously described
`have prevented radio networks from being utilized for a
`mass media, direct marketing, music retail business.
`SUMMARY OF THE INVENTION
`In View of the foregoing, one objective of this invention
`is to resolve the problems which inhibit the successful
`development of a direct marketing music business for the
`radio industry. In this regard, it should be apparent that there
`exists a need in the art for a method of operating an
`automated System which trackS radio audio Segments
`enabling radio broadcast listeners to Select, preview and
`purchase a music product containing the music piece lis
`tened to for a radio broadcast.
`It is therefore an object of this invention to provide an
`automated transaction System to record and track radio audio
`Segments enabling a radio listener to use their telephone to
`recall and preview, on-demand, music pieces previously
`broadcast thereby assisting the listener in the purchase of a
`music product Such as a record album, cassette or CD. The
`invention provides the consumer with a timely method to
`purchase a musical product by Supplying all of the required
`information to conveniently make a music product purchase.
`It is another object of the invention to provide a method
`for an automated transaction System to Service multiple
`radio broadcasts simultaneously, thereby creating a mass
`radio audience for the direct marketing of music.
`These and other objects are achieved by a method of and
`apparatus for tracking and recording a radio broadcast using
`a telephone interface connected to a programmed data
`processor Such that when a potential purchaser calls a
`designated telephone number advertised by the radio Station,
`for example 1-800-RECORDS, a telephone interface pro
`vides the listener with the name of the musical artist and the
`Song titles in the reverse order played during the broadcast,
`Starting with the current piece played. The Selection, from
`the current artist played, to the music product the potential
`purchaser wants to order, is controlled by the potential
`purchaser using the touch tone telephone keys or voice
`input. When the potential purchaser reaches the Song and
`artist of interest, further details can be related Such as the
`other Songs recorded on the album, pricing, availability and
`delivery information.
`The invention can playback through the telephone, on
`instructions from the caller, excerpts or the entire Song, as
`
`

`

`3
`broadcast over the radio network, to assist the caller with the
`purchasing process.
`When the potential purchaser indicates they are ready to
`order, the automated order System obtains the correct name
`and shipping address by accessing a name and address
`database responsive to the consumerS telephone number or
`credit card information. The System also records the con
`Sumer's credit card information and obtains credit authori
`Zation. The invention then transmits the complete order to
`the fulfillment warehouse for shipment of the musical prod
`uct to the purchaser.
`It is a further object of this invention to provide a method
`and apparatus whereby multiple radio Stations can be Sup
`ported Simultaneously, offering Services on a local, regional
`or national basis providing the economies of Scale and mass
`audience to Support the Sales Volume necessary to operate a
`profitable direct marketing Service. When a potential pur
`chaser dials the advertised number Such as 1-800
`RECORDS they are directed by audio prompts to indicate
`by touch tone entry or voice input the call letters for the radio
`Station to which they are listening. The audio prompts are
`provided by a telephone interface that is connected to a
`programmed data processor which performs database func
`tions. The potential purchaser's telephone number, input by
`the caller or supplied by the telephone company's (ANI)
`Automatic Number Identification Service, is compared to all
`the radio Station broadcast coverage Zones offered by the
`participating radio Stations. This comparison determines the
`radio Stations within the broadcast range of the caller,
`providing a limited Set of radio Stations for the programmed
`data processor to Sort and Search based on the callers input
`of the station call letters. The input of the station call letters
`enables the programmed data processor to Select the correct
`Station program Schedule and related information. Thus a
`large number of radio Stations, dispersed locally, regionally,
`nationally and internationally can be Supported by one
`automated System.
`The inventive method also includes the step of efficiently
`Selecting the correct radio Station based on touch tone input.
`Although, each of the telephone keys 2 through 9 have three
`related alphabetical characters, callers need only to input
`four telephone key Strokes for the four Station call letters.
`The programmed data processor only recognizes the input
`for the participating radio Stations broadcasting in the callers
`area as determined by the telephone number and broadcast
`coverage comparison previously described.
`It is a further object of this invention to automate the
`manual and time-consuming functions. The inputting of the
`radio Station play Schedule in advance of the broadcast as
`well as the tracking of the program Schedule during the
`broadcast day requires significant overhead if undertaken
`manually. AS the Service expands, and many radio Stations
`are added to the Service, the tracking of the various program
`Schedules becomes unmanageable from a manual Stand
`point.
`One component of the method and apparatus of the
`invention is a System for management of the radio Station's
`program Schedule. A radio Station's program Schedule is
`produced days and Sometimes weeks in advance of broad
`cast. The program Schedule is organized chronologically in
`the order musical pieces are broadcast and includes infor
`mation Such as the title of the Song, the recording artist and
`group, as well as the day and time the piece is to be
`broadcast. A radio Station broadcasts hundreds of musical
`pieces each day and the input of the program Schedule by an
`operator is both time-consuming and prone to manual input
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`US 6,314,577 B1
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`4
`error. The present invention enables the automation of the
`program Schedule input by utilizing a data communications
`link and a communications interface Such as a facsimile
`interface to receive the program Schedule directly from the
`radio Station into the programmed data processor. The
`communication interface Such as a facsimile board is resi
`dent in the programmed data processor and in conjunction
`with a imaging Software, Such as a character recognition
`package, automatically interprets and directly Stores the
`Stations program Schedule and associated information on a
`programmed data processor.
`The radio Station program Schedule contains timetable
`information as well as information describing the music
`pieces played Such as the title, artist and group name. The
`program Schedule is accessed by a audio description creation
`System which is connected to the programmed data proces
`Sor. The audio description creation System creates the audio
`description heard by the caller over the telephone when
`inquiring about a particular music piece. The audio descrip
`tion information describes the music piece outlined in the
`program Schedule and the music product containing the
`music piece, along with other related information Such as
`product pricing. The audio description creation System digi
`tally records the audio and is connected to various input
`devices Such as a compact disc player, cassette player, digital
`audio tape and a microphone. An announcer accesses the
`program Schedule file on a display Screen and reads the
`description information into the microphone creating the
`audio description file for each music piece. The announcer
`has access to previous recordings Stored in an audio descrip
`tion archive which can be accessed via a data input terminal
`connected to the audio description creation System enabling
`previously recorded audio descriptions to be referenced.
`It is another object of the invention to automate the
`recording and Storing of the music excerpts for the music
`pieces outline in the program Schedule. These audio Seg
`ments can be accessed by the potential purchaser to assist in
`the purchase process and to verify to the caller they are
`purchasing the music product containing the music piece
`listened to during the radio broadcast. The automated record
`and Store process is accomplished by inserting a signal Such
`as a tone or pulse at the beginning of each music piece
`broadcast. A receiver is tuned to the broadcast containing the
`music pieces to be recorded and a signal detector triggers the
`digital recording of the piece by the programmed data
`processor. The music piece is recorded for a specified time
`Such as ten Seconds providing an audio Segment of the music
`piece.
`Coordination of the audio description file with the pro
`gram Schedule is accomplished through a Synchronized time
`Schedule whereby the program Schedule file and the record
`ing of the audio Segments on the programmed data processor
`are initiated at the same time. Each Station's program
`Schedule is Stored in chronological order enabling the coor
`dination. Another method of implementing the Signal inser
`tion enables information to be encoded as part of the
`Selection Signal and decoded into data for use by a pro
`grammed data processor. Information Such as the program
`Schedule number or music piece number can be incorporated
`into the Selection signal enabling the coordination of the
`audio description with the program Schedule. Information
`can be encoded into the Selection signal through means Such
`as multiple pulses or combination of tones and pulses.
`The invention also provides the information for a poten
`tial purchaser to automatically order a music product with
`out having heard one of the pieces through a radio broadcast.
`For instance when the potential purchaser dials the 1-800
`
`

`

`US 6,314,577 B1
`
`S
`RECORDS telephone number a telephone system audibly
`requests the potential purchaser to touch 1 on their touch
`tone telephone if they want to order a music piece they have
`just heard played on the radio, or touch 2 if they want to
`order a music product from the automated music catalogue.
`If the potential purchaser touches 2 the invention will then
`proceed to determine the musical product to be ordered by
`asking the potential purchaser to Select the type of music and
`to input the artists name or group name using the touch tone
`telephone keys. Once the correct artist or group is deter
`mined the System can reference all the music products
`performed by that artist or group and provide the potential
`purchaser with the names of the music album and the
`recording media available Such as CD, record or cassette
`along with pricing. Further information can also be made
`available Such as the names of the pieces of each piece
`recorded on each music product along with excerpts to
`preview each Song. The invention conveniently provides all
`the information required to make a purchase. Some of this
`information is not available even at the record Store.
`When the potential purchaser indicates they wish to buy
`a particular music product the System determines the ship
`ping address and credit authorization and then places the
`order for the music product with the fulfillment warehouse.
`In the case where more than one main artist or group
`performed on a music product or the purchase proceSS was
`too complex, the potential purchaser can be bridged to an
`operator who can obtain and input any required data and
`assist the caller through the purchase process.
`The invention can also be utilized with other broadcast
`Services Such as a music television, telecast. Viewers of
`music television program or channel, access the invention in
`the same manner as previously described-but enter the
`Station designation Such as call letters, channel number or
`advertised pseudo-name enabling the invention to recall the
`pertinent program Schedule relating to the viewed television
`program or channel. The audio portion of the music
`broadcast, would be recorded and utilized to assist the
`Viewer in the purchasing process. The invention can Simul
`taneously Support orders originating from both radio listen
`erS and television viewers.
`Other applications of the invention are also possible. The
`broadcast can consist of content other than music whereby
`products are advertised within a broadcast and the invention
`enables listeners to Select, preview and purchase items
`advertised for Sale over the network. The audio Segments for
`these products would be recorded in the same manner as
`previously described for the music pieces and the products
`would match the program Schedule as input prior to the
`broadcast.
`The invention also extends to a digital as well as analog
`broadcast format whereby the Selection Signals are digital
`Signals inserted into the digital broadcast.
`The foregoing features of the invention, as well as the
`advantages provided thereby, are explained in greater detail
`hereinafter with reference to preferred embodiments illus
`trated in the accompanying drawings.
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`FIG. 4 illustrates the telephone area and exchange code,
`Station call letter code and touch tone input database file;
`FIG. 5 is a table and map of North American telephone
`area codes;
`FIG. 6 is the touch tone telephone keypad lay out; and
`FIG. 7 is an entity relationship diagram illustrating Some
`of the principles of the invention.
`DETAILED DESCRIPTION OF THE
`PREFERRED EMBODIMENT
`In order to explain the present invention in detail, refer
`ence will be made in particular to FIG. 1.
`In FIG. 1, the reference number 1000 designates the radio
`Station Schedule input terminal device located at a remote
`radio Station that can communicate with the programmed
`data processor 1010, located at the central site 1025, and
`input the program Schedule of music to be broadcast on the
`remote radio Station. In the preferred embodiment the radio
`station schedule input terminal 1000 is the computer system
`at the radio station that schedules the time of play for both
`commercials and musical program content. This terminal
`device 1000 is equipped with a modem and a communica
`tions program So that it can automatically dial the commu
`nications interface 1050 of the programmed data processor
`1010 and input the program schedule including the artists
`name, name of the musical piece, and the date and time the
`music is to be played. This information can be coded to
`reduce the transmission time as there could be hundreds of
`music pieces broadcast each day.
`Alternatively, the radio Station Schedule can be automati
`cally input by FAX (facsimile) using a computer or type
`written print out of the Stations program Schedule to transmit
`the stations Schedule from the local FAX machine at the
`radio station to the central site 1025. At the central site 1025,
`the FAX receiver is a FAX board mounted within either a
`Stand alone personal computer or the programmed data
`processor 1010 that would sequentially provide each incom
`ing FAX message with its own identification number prior to
`Storing the FAX digitally on the computer Systems hard
`drive. In the process of Setting up the FAX call a hand Shake
`protocol is established between the Sending and receiving
`FAX machines such that the receiving FAX machine can
`determine, by error free data transfer, the telephone number
`of the transmitting FAX machine. Alternatively, the stations
`FAX number can be established through, the telephone
`company supplied, (ANI) Automatic Number Identification
`service. The programmed data processor 1010 utilizes this
`telephone number as an indeX to Select the optimal algorithm
`to convert the FAX images to data. For example, message
`number 101 assigned by the FAX receiving board is asso
`ciated with radio station WTAM FM because of the stations
`digitized telephone number received in the hand Shake
`protocol. The programmed data processor 1010 then
`accesses the interpretation protocol that matches the FAXed
`data for WTAM FM to convert the character images sent
`from the radio station FAX into ASCII characters to be
`stored on the programmed data processor 1010 in the
`program schedule file 1060. For example, radio station
`WTAM FM could utilize a computer printer that produced
`text in the Roman font. Each line on their schedule begins
`with time of play, followed by duration, artist name, then the
`name of the music piece. A different radio Station, identified
`through the handshake protocol by their telephone number
`as WPAT AM, utilizes a different scheduling computer to
`print out their program Schedule using the Tudor font
`highlighting the artist name first, followed by the musical
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`Case 8:20-cv-03125-PWG Document 1-4 Filed 10/27/20 Page 12 of 21
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`BRIEF DESCRIPTION OF THE DRAWINGS
`FIG. 1 is a block diagram of the Self-generating audio
`recording, Storage, indexing and transaction System accord
`ing to the present invention;
`FIG. 2 illustrates an example of a Program Schedule
`reference file;
`FIG.3 illustrates an Artist and Group Name reference file;
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`piece, time of play and duration. Because the programmed
`data processor 1010 knows the identity of the sending FAX
`machine it can apply the optimum algorithm to interpret the
`text font and determine from the text placement the contents
`of the page. This approach enables the programmed data
`processor 1010 to automatically file the FAXed program
`Schedule of the remote radio Station in a fixed digital format
`in the program schedule file 1060 associated with a particu
`lar radio Station. An example of the format to which the
`program Schedule files are processed is illustrated in FIG. 2.
`Alternatively, the terminal device 1000 could be a non
`programmable terminal connected via a network to the
`communications interface 1050, interacting on line to input
`the program Schedule. The program Schedule data could also
`be input using a touch tone telephone with Voice prompting
`when connected to the telephone interface 1020 or input by
`Voice into a Section of the telephone interface that recog
`nized spoken numbers and words through voice recognition.
`A coded version of the radio Station program Schedule
`makes the input easier and quicker. The Schedule data could
`also be read over the telephone to an operator who would
`input the data. AS this program Schedule data is received
`from all of the participating radio Stations it is Stored in the
`program Schedule 1060 of the programmed data processor
`1010.
`Music television channels and other telecasters can also
`utilize the above-mentioned methods to forward and store
`their program Schedules for use by the System.
`The digitized audio description file 1070 is created using
`the audio description creation system 1080 which is con
`nected to the programmed data processor 1010. The audio
`description creation System consists of a Set of audio input
`devices, such as a CD player 1085, cassette player 1086,
`record player 1087, audio tape player 1088 and microphone
`1089 for an announcer to record audio descriptions.
`The audio description file 1070 consists of the audio
`description information describing the music piece and an
`audio Segment consisting of an excerpt of the music piece.
`The audio description information corresponds to the audio
`recording of the text description of each music piece listed
`in the program Schedule Stored in the program Schedule file
`1060. The announcer uses the display screen 1081 to recall
`the program Schedule from the programmed data processor
`1010 for each radio station. As well, additional information
`concerning the music piece Such as the name of the music
`product containing the music piece and pricing can be input
`into the creation System via the attached data input terminal
`1082 or personal computer and stored on the audio descrip
`tion creation System available to the announcer for audio
`recording.
`For example, the Station program Schedule, after receipt
`from a participating radio Station, would be loaded onto the
`audio description creation system 1020. The program sched
`ule file 1060, an example of which is referenced in FIG. 2,
`contains the station code or identifier for the station 2000,
`field 1, date and period of the program Schedule broadcast
`2005 field 2. number of music pieces in the time period 2010
`field 3, chronological schedule number 2015 field 4, time of
`broadcast for a particular music piece 2020 field 5, artist or
`group name 2025 field 6, title of the music piece 2030 field
`7 and the pointer to data file 2035 field 8. Parts of this
`Schedule information can be coded to reduce the transmis
`Sion time from the radio Station to the System. For example,
`a particular artist or group could be located in a reference
`table and related to an artist or group number followed by a
`music piece reference number. The coded entry would be
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`made in the program Schedule at the radio Station and
`FAXed to the central site 1025. A standardized reference
`system could be utilized by all reference table based stations
`or different tables implemented for each station whereby the
`Station reference table conversion is conducted by the pro
`grammed data processor 1010 when the imaging and inter
`polation proceSS occurs for incoming program Schedules.
`For the purposes of recording the music title portion of the
`audio description, the audio description creation System
`1080 performs an initial sort of the music pieces listed in the
`program Schedules to re