Ex Parte Litwin - Page 26



            Appeal 2007-0635                                                                               
            Application 10/176,598                                                                         

            section for claims 17-19 and 21-23 above.                                                      
            The scope and content of the prior art                                                         
                  We incorporate herein the facts under The scope and content of the prior art             
            of the Facts section for claims 17-19 and 21-23 above and add the following:                   
            1. The Examiner argues that Ward discloses the claimed updating step at “col.                  
            3 [sic, 7], lines 31-42; col. 8, lines 20-40” (Answer 8).                                      
            2. Col. 7, lines 31-42 of Ward states the following:                                           
                  At that point the process is repeated, using the results currently in the play           
                  queue to seed a collaborative filtering request after each list of available             
                  content pieces is returned from the content providers. Upon seeding the play             
                  queue with all meta-categories, a final ranking and culling pass can be                  
                  performed, using any of the common playlist manipulation algorithms, and                 
                  optionally, a pairing sort of algorithm, to be described in FIGS. 6 and 7.               
            3. Col. 8, lines 20-40 of Ward states the following:                                           
                         When the user plays the playlist, the playlist is submitted to the sort           
                  server system 130, which performs the algorithm described in connection                  
                  with FIG. 2 to expand all meta-categories into specific content items, by                
                  drawing upon the content available from the user’s locally stored pool and               
                  from streaming content providers. The system the [sic, then] returns the                 
                  expanded playlist to the jukebox program, which then uses the playlist like a            
                  standard static playlist. Optionally, when the user expresses dislike for a              
                  particular content item, either by skipping the item or through a rating                 
                  system, the system records such instances in the meta-data associated with               
                  the user, i.e., the user profile. Upon resubmission of the playlist to the sort          
                  server, a new playlist now adapted to the expressed tastes of the playlist               
                  listener is generated and the rejected content items are not selected based on           
                  the updated user profile. After the user stops or plays completely through the           
                  playlist, the list is submitted to the sort server to execute a pairing algorithm,       
                  described in connection with in FIGS. 6 and 7, to allow the pairing sort                 
                  engine shown in FIG. 6 to further adapt to how the user ordered the playlist.            
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