Appeal 2007-0635
Application 10/176,598
"then rewound it to replay the last 20 seconds" whereby the developed
popularity metric is proportional to the total amount of time the media file
was played (1 minute and 40 seconds, see specification, Background of the
Invention and page 10, line 20 to page 11, line 2). When considering the
variability of how a media file may be played back on modem media devices
(see above), keeping track of the "total amount of times a user plays back a
media file" in the manner suggested by the Examiner, does not account for
such operations where a user repeats a portion of a song or fast forwards to
other parts of the song.
The Examiner, in the reasoning of the Final Rejection, could not come
to such a conclusion to arrive at the elements of Claim 17, without applying
hindsight analysis in view of Ward as to develop the Examiner's cited
combination.
By applying the invention of Claim 17 where "said metric is related to
a total duration of time the media filed is played back,” a media device
provides a more accurate way of monitoring the playback of media files than
disclosed or suggested in Ward in combination with the Examiner’s stated
rationale.
Applicant asserts that there is appreciable difference between keeping
track of the "total amount of time" a media file is played, as claimed in
Claim 17, versus the whether a media file was played back or not (see Ward,
col. 7, lines 40-47, and col. 8, lines 28-40) for the reasons listed above.
Appeal Br. 7-9. Emphasis added.
8. Appellant further argues that another difference between the claimed method
and Ward is that the claimed method keeps track of the total time a media file has
been played back.
21
Page: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
Last modified: September 9, 2013