IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`In re the application of:
`
`Attorney Docket No.: 4624.01US12
`
`PATENT APPLICATION
`
`John Mikkelsen et al.
`
`Application No.:
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`14/230,938
`
`Filed:
`
`March 31, 2014
`
`For: MEDIA DELIVERY PLATFORM
`
`Confirmation No.: 1253
`
`Examiner: Robert M. Pond
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`Group Art Unit: 3684
`
`AMENDMENT
`
`Mail Stop Amendment
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`Commissioner:
`
`INTRODUCTORY COMMENTS
`
`In response to the Office Action of November 28, 2014, and in accordance with the
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`automatic extension of time for response provided by 37 CFR § 1.136(a), amendment to the
`
`above-identified patent application is requested.
`
`The present amendment comprises the following sections:
`
`A. Amendments to the Claims
`
`B. Remarks
`
`Please grant any extension of time necessary for entry; charge any fee due to Deposit Account No. 16-0631.
`
`
`
`In re the application of:
`
`Attorney Docket No.: 4624.01US12
`
`PATENT APPLICATION
`
`John Mikkelsen et al.
`
`Application No.:
`
`14/230,938
`
`Filed:
`
`March 31, 2014
`
`For: MEDIA DELIVERY PLATFORM
`
`Confirmation No.: 1253
`
`Examiner: Robert M. Pond
`
`Group Art Unit: 3684
`
`AMENDMENT
`
`Mail Stop Amendment
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`Commissioner:
`
`INTRODUCTORY COMMENTS
`
`In response to the Office Action of November 28, 2014, and in accordance with the
`
`automatic extension of time for response provided by 37 CFR § 1.136(a), amendment to the
`
`above-identified patent application is requested.
`
`The present amendment comprises the following sections:
`
`A. Amendments to the Claims
`
`B. Remarks
`
`Please grant any extension of time necessary for entry; charge any fee due to Deposit Account No. 16-0631.
`
`
`
`Application No. 14/230,938
`
`AMENDMENTS TO THE CLAIMS
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`A detailed listing of all claims that are, or were, in the present application, irrespective of
`
`whether the claim(s) remain(s) under examination in the application is presented below. The
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`claims are presented in ascending order and each includes one status identifier. Those claims not
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`cancelled or withdrawn but amended by the current amendment utilize the following notations
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`for amendment: 1. deleted matter is shown by strikethrough for six or more characters and
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`double brackets for five or fewer characters; and 2. added matter is shown by underlining.
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`2
`
`
`
`Application No. 14/230,938
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`!.(Currently Amended)
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`A system for providing digital media files, the system comprising:
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`a wireless aet'NerlE aeeessiale by aH eleetreaie tleYiee;
`
`a content server operably coupled to a cellular network the wireless aetwefk and
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`configured to store a plurality of digital media files and provide for the transmission of the
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`digital media files for download to-the a cellular phone an eleetreaie tle'liee; and
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`a monitoring server operably coupled to the wireless cellular network and configured to
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`record data about every digital media file downloaded from the content server to the cellular
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`phone.
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`said cellular phone configured for the transmission over a cellular network of the digital
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`media files by orthogonal frequency-division multiplex (QFDM) modulation eleetrenie tleviee.
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`2. (Currently Amended)
`
`The system of claim 1, wherein each of the plurality of digital
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`media files comprises at least one of a full, partial, or segment of: a song, a musical score,
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`musical composition, other audio recording, a ringtone, a video, other visual recording, a movie,
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`a film, an image clip, a picture, a clip, an image, a photograph, a television show, a human voice
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`recording, a personal recording, a cartoon, an animation, an audio advertisement, a visual
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`advertisement, or combinations thereof.
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`3. (Currently Amended)
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`The system of claim 1, wherein the monitoring server is further
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`configured to count every digital media file downloaded from the content server to the cellular
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`phone eleetreaie tleviee.
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`3
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`
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`4. (Original) The system of claim 1, wherein the data recorded by the monitoring server is at
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`least one of a song title, an artist name, a purchase price, a user name, or a time of delivery.
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`Application No. 14/230,938
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`5. (Original) The system of claim 1, wherein the monitoring server is further configured to
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`aggregate the recorded data and transmit the aggregated data to a third-party device.
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`6. (Canceled)
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`7. (Currently Amended)
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`The system of claim 1, wherein the content server is further
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`configured to provide an interface for the selection of one of the plurality of digital media files to
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`be downloaded to the cellular phone eleetrottie deviee.
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`8. (Currently Amended)
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`The system of claim 7, wherein the digital media files are
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`organized on the interface by at least one of: a type of media file, a title, a subject, an actor, an
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`artist, a description of the media file, an alphabetical ordering, or a chronological ordering.
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`9. (Canceled)
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`I 0. (Currently Amended)
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`A method for distributing electronic content to a user operating ~
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`cellular phone an eleetronie deviee, the method being executable by a computer system that
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`includes server hardware and a database, the method comprising:
`
`4
`
`
`
`providing for the transmission of, by the computer system, a database of electronically(cid:173)
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`accessible data files, each data file being subject to a copyright owner;
`
`receiving, by the computer system, a selection from the user corresponding to at least one
`
`Application No. 14/230,938
`
`of the data files;
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`providing for the transmission of, by the computer system and in response to the received
`
`selection, a portion of the selected data file to the cellular phone eleetreaie aeviee;
`
`receiving, by the computer system, a request for the data file for which the portion was
`
`provided to the cellular phone eleetreaie aeviee; and
`
`providing for the transmitting, by the computer system, of the requested data file to the
`
`cellular phone, said cell phone configured to receive the data file over a cellular network by
`
`orthogonal frequency-division multiplex (OFDM) modulation eleetrenie aeviee.
`
`11. (Original) The method of claim 10, further comprising:
`
`debiting, by the computer system, an account of the user corresponding to a price of the
`
`transmitted data file; and
`
`crediting, by the computer system, an account of the copyright owner an amount
`
`associated with the price of the transmitted data file.
`
`12. (Currently Amended)
`
`The method of claim 1 0, further comprising:
`
`tracking, by the computer system, the user of the cellular phone eleetreaie aeviee
`
`receiving the data file to determine data about the user; and
`
`reporting, by the computer system and to the copyright owner, the data about the user.
`
`5
`
`
`
`Application No. 14/230,938
`
`13. (Currently Amended)
`
`The method for distributing electronic content to [[a]] the user of
`
`claim 1 0, further comprising tracking, by the computer system, the user of the cellular phone
`
`eleetFeRie eeviee receiving the portion of the data file to determine data about the user.
`
`14. (Original) The method of claim 10, further comprising providing an interface, by the
`
`computer system, for the selection of one of the electronically-accessible data files.
`
`15. (Original) The method of claim 14, wherein the electronically-accessible data files are
`
`organized on the interface by at least one of: a type of media file, a title, a subject, an actor, an
`
`artist, a description of the media file, an alphabetical ordering, or a chronological ordering.
`
`16. (Original) The method of claim 14, wherein each of the electronically-accessible data files
`
`comprises an identifier associated with the copyright owner.
`
`17. (Canceled)
`
`18. (Currently Amended)
`
`A method for distributing electronic content to a user operating ~
`
`cellular phone aR eleetfeRie eeviee, the method being executable by a computer system that
`
`includes server hardware and a database, the method comprising:
`
`ste13 feF providing a database of electronically-accessible data files to the user of the
`
`cellular phone, each data file being subject to a copyright owner;
`
`6
`
`
`
`Application No. 14/230,938
`
`step fer receiving a selection from the user corresponding to at least one of the data files;
`
`step fer providing for the transmission of, in response to the received selection, a portion
`
`of the selected data file to the cellular phone eleetreRie ae•liee;
`
`step fer receiving a request for the data file for which the portion was provided to the
`
`cellular phone eleetreRie aeviee; and
`
`step fer transmitting the requested data file to the cellular phone, said cellular phone
`
`configured for a cellular network that transmits the data files by orthogonal frequency-division
`
`multiplex COFDM) modulation eleetreRie aeviee.
`
`19. (Currently Amended)
`
`The method of claim 18, further comprising:
`
`step fer debiting an account of the user corresponding to a price of the transmitted data
`
`file; and
`
`step fer crediting an account of the copyright owner an amount associated with the price
`
`of the transmitted data file.
`
`20. (Currently Amended)
`
`The method of claim 18, further comprising:
`
`step fer tracking the user of the cellular phone eleetreRie eleviee receiving the data file to
`
`determine data about the user; and
`
`step fer reporting the data about the user to the copyright owner.
`
`7
`
`
`
`Application No. 14/230,938
`
`REMARKS
`
`Claims 1-20 are pending. By this Amendment, claims 6, 9 and 17 are cancelled, claims
`
`1-3, 7, 8, 10, 12, 13, and 18-20 are amended and no new claims are added.
`
`35 usc§ 101
`
`Claims 1-20 were rejected under 35 U.S.C. 101 because the claimed invention is directed
`
`to non-statutory subject matter. Applicants' respectfully traverse. Applicants have amended the
`
`independent claims to include limitations regarding the cell phone that clearly warrant removal
`
`of the I 0 I rejection.
`
`Applicants response is based on the Interim Guidelines on Patent Subject Matter
`
`Eligibility promulgated by the USPTO on December 16, 2014. In view of the Supreme Court
`
`decision in Alice Corporation Pty. Ltd. v. CLS Bank International, eta/., Applicants respectfully
`
`submit that the instant claims recite patentable subject matter under an analysis of Part 1. The
`
`claims do not recite abstract ideas such as, for example, fundamental economic practices,
`
`methods of organizing human activities, ideas of themselves, or mathematical relationships or
`
`mathematical formulas. Instead, the claims recite, for example, methods of wirelessly delivering
`
`a digital media from one or more servers to a wireless device means, which is plainly outside of
`
`the ideas intended to be deemed non-patentable by the Supreme Court.
`
`Assuming, arguendo, that the instant claims are not identified as patentable subject
`
`matter under Part 1, the instant claims recite significantly more than any abstract idea itself under
`
`an analysis of Part 2. The claims recite the inventive results of an engineering solution to the
`
`problem of the existing state of wireless delivery of rich media files. As a result, the instant
`8
`
`
`
`claims provide an improvement to wireless delivery of rich media technology. The rejection of
`
`the remaining claims should be removed.
`
`Application No. 14/230,938
`
`35 usc§ 102
`
`Claims 1-5, 7-16 and 18-20 were rejected under 35 USC 102(e) as being anticipated by
`
`Fritsch (US 6,24 7, 130), previously applied.
`
`Applicants respectfully traverse. The Examiner asserts that Fritsch discloses a wireless
`
`device capable of receiving rich media. Referring to the rejections based on Fritsch, Applicants
`
`respectfully submit that Fritsch does not disclose electronic wireless devices with enough
`
`specificity, as claimed. Particularly, Fritsch merely discloses a single boilerplate instance where
`
`the term "wireless" is used:
`
`As a general overview, the present invention includes a system and method for
`maintaining a music web site on the Internet. Consumers may access the web site
`via a personal computer or any other wired or wireless Internet access device,
`such as WebTV, personal digital assistant, cellular telephone, etc., to obtain a
`variety of services and products.
`
`(Fritsch, col. 2, I. 64- col. 3, l. 2, emphasis added.) Otherwise, the entirety of Fritsch is directed
`
`towards desktop computer or personal computer (PC) access to a vendor's website.
`
`It is difficult but necessary that the decision maker forget what he or she has been taught .
`
`. . about the claimed invention and cast the mind back to the time the invention was made (often
`
`as here many years), to occupy the mind of one skilled in the art. W.L. Gore & Associates, Inc.
`
`v. Garlock, Inc., 721 F.2d 1540,220 USPQ 303,313 (Fed. Cir. 1983), cert. denied, 469 U.S. 851
`
`(1984). To reach a proper determination under 35 U.S.C. § 103, the examiner must step
`
`backward in time and into the shoes worn by the hypothetical "person of ordinary skill in the art"
`
`9
`
`
`
`Application No. 14/230,938
`
`when the invention was unknown and just before it was made. In view of all factual information,
`
`the examiner must then make a determination whether the claimed invention "as a whole" would
`
`have been obvious at that time to that person. (MPEP § 2142.) The disclosure of Fritsch does
`
`not rise to the level required such that the claimed invention as a whole would have been obvious
`
`to one skilled in the art, at the time the invention was made. Particularly, Fritsch does not
`
`disclose the details necessary for wireless delivery of digital media to electronic wireless devices.
`
`In order to advance prosecution, applicants have amended the independent claims to read
`
`"cellular phone" instead of wireless device and have provided a limitation regarding receiving
`
`the transmission of the digital files by OFDM.
`
`In order to advance prosecution, and without acquiescing to the current rejection,
`
`applicants have amended independent claims 1, 10 and 18 to include limitations to cellular
`
`phones, transmission by OFDM and cellular networks. As Fritsch does not anticipate these
`
`amended claims, rejections of Claims 1-5, 7, 8, I 0-16 and 18-20 should be removed.
`
`35 usc§ 103
`
`Claims 6 and 7 were rejected under 35 USC 1 03(a) as being unpatentable over Fritsch
`
`(US 6,247, 130), previously applied, in view of Kontio et al., (US 2005/0004875), previously
`
`applied. Claims 6 and 7 depend from claim 1, which based on the argument and amendment
`
`recited above is moot. Removal of the rejection is requested.
`
`10
`
`
`
`i\pp!kation No. 14/230338
`
`ln view of the f(m;~going, it is submitted that this application is in c~ondition fiJr alh.)v\'ance.
`
`Favorable consideration and prompt alhnvance of the application are respectfully f(~quested.
`
`The Exmn1ner is invited to telephone the undersigned if the Exmniner believes it vvould
`
`be useful to advance prosecution.
`
`Respectfully submitted.
`(~,
`tJ
`/'-7 /
`/ 11.Cv~ t .... / {. l..4V'h~
`Thomas G. Dickson
`Registration No. 51616
`
`Customer No. 24113
`Patterson Thuente Pedersen, P.A.
`4800 IDS Center
`80 South 8th Street
`ivHnneapolis, Minnesota 55402-2100
`Telephone: 612.349.3004
`
`11
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