Invalidity dossier
US 5670730
Data protocol and method for segmenting memory for a music chip
Current assignee: Agere Systems Inc.
Added 9/27/2026, 8:21:51 PM
Active provider: DeepSeek · deepseek-flash
Patent summary
Title, assignee, inventors, filing/issue dates, abstract, and a plain-language overview of the claims.
I'll verify the patent's current status and check for any 2026 CAFC activity before summarizing.
Let me check for any 2026 activity and confirm the current record status.
US Patent 5,670,730 — Summary
Search scope note (per task): I searched for the literal identifier 5,670,730 / 5670730 and for CAFC 2026 activity. I found no Federal Circuit 2026 docket, opinion, or Rule 36 judgment tied to this patent number. The 2026 CAFC/PTAB items my searches surfaced involve other patents (e.g., U.S. 10,894,503 in Spero v. Mercedes-Benz, Nos. 2025-1470 / 2025-1306). No 2026 litigation is identified for the '730 patent, consistent with its expiry. (One search also returned a Colombian municipal record using the number "5670730" as a citizen ID — a false positive, not this patent.)
Bibliographic data (from the authoritative full text of US 5,670,730)
| Field | Value |
|---|---|
| Patent number | US 5,670,730 A |
| Title | Data protocol and method for segmenting memory for a music chip |
| Application no. | US 08/447,321 |
| Inventors | Anthony James Grewe; Kevin Alan Shelby |
| Filing date | 1995-05-22 |
| Priority date | 1995-05-22 |
| Issue/grant date | 1997-09-23 |
| Assignee at filing | AT&T IPM Corp. (assignment executed 1995-05-17, Reel 007654/0262) |
| "Original Assignee" field | Lucent Technologies Inc. (per Google Patents) — reflects the AT&T→Lucent spin-off reflected by the 1997 issue date, not a contradiction in the chain |
| Current assignee of record | Avago Technologies International Sales Pte Ltd (via Agere Systems LLC) |
| Status | Expired – Lifetime (anticipated expiration 2015-05-22) |
| Claims | 35 total (independents: 1, 18, 31) |
| US classification | G11C7/16; G10H1/0041 |
Abstract (as issued)
A protocol for labeling various types of data contained in a music chip. The protocol includes a hierarchical arrangement of headers for storing information about selections on the chip and the method in which they were coded in the memory of the chip. A global header located at the very start of memory will specify information needed to successfully decode the content of the music chip. This will include, for example, the necessary bit rate, as well as information pertaining to a specific PAC (Perceptual Audio Coding) algorithm employed in recording audio on the chip. In addition to the global header, each chip will have a section of memory allocated to a table of contents. The table of contents will include information on play times, song titles, music category and artist. Individual track selections will be listed as part of the table of contents by individual headers. The individual header contains a music field to which a track belongs, for example, classical, jazz, country, rock, etc., an artist field, and an address field…. Information from the headers is self-registered or automatically downloaded when a chip is loaded into a player/juke box device…. In addition, the present invention provides a method for segmenting memory in an integrated circuit chip wherein the integrated circuit chip is adapted for use in an audio player and the memory has pre-recorded audio stored therein. The method includes the steps of storing in a global header parameters corresponding to encoding techniques used in storing the pre-recorded audio in memory and coding in at least one individual header data fields indicative of general description information for individual tracks of the pre-recorded audio.
Plain-language overview of the independent claims
Claim 1 — the "data format" claim. A data format for an audio system in which pre-recorded music is digitally encoded in the memory of an integrated-circuit music chip and is played back by an associated audio player. Individual tracks sit at designated locations in the chip's memory, and the format stores content-descriptive information. The format has two parts:
- a first header holding parameters the player uses to decode the stored music; and
- at least one second header holding selectable categorical information about the individual tracks (i.e., information the user can select by — like genre or artist).
(In plain terms: a decode-instruction header plus a browsable catalog header describing each song.)
Claim 18 — the "data protocol" claim. A data protocol for storing pre-recorded audio in an IC chip's memory, the chip being adapted for an audio player. It comprises:
- a global header with parameters corresponding to the encoding technique used to store the audio, used by the player to decode it; and
- at least one individual header having multiple data fields containing general description information about individual tracks.
(Same two-tier idea as claim 1, phrased as a protocol and requiring multiple descriptive fields per track.)
Claim 31 — the "method of segmenting memory" claim. A method of laying out (segmenting) memory in an IC chip for an audio player with pre-recorded audio stored in it, comprising two steps:
- storing, in a global header, parameters corresponding to the encoding techniques used to store the pre-recorded audio; and
- coding, in at least one individual header, data fields indicative of general description information for individual tracks.
(The method counterpart of claims 1 and 18.)
Dependents (context only): Claims 2–17 depend from claim 1; 19–30 from claim 18; 32–35 from claim 31. They add elements such as bit rate in the first/global header (2, 19, 32), encoding algorithm (3), a music-category field (4, 20, 33), an artist field (5, 21, 34), addressing information — including begin/end vs. end-only/implied-begin (6–8, 16–17, 22–23, 35), distribution/label/copyright data (9, 30), binary-coded artist abbreviation (10), a category code (11), titles and play times (12, 27), a specific category list (13: CLS, CTY, GOS, JAZ, POP, RAP, REG, RNB, ROC), auto-download on power-up/"self-registration" (14, 24), field ordering category→artist→address (15, 26), audio immediately following the header(s) (25), and displayable graphics/lyrics (28, 29).
Cross-references to prior sections (not repeated here)
- Prosecution/office history: An ex parte reexamination (request effective 2011-04-26; certificate 2012-03-20) confirmed claims 1–6 and 12–13 and did not reexamine claims 7–11 and 14–35 — i.e., independent claims 1 and 31's dependents are partly confirmed, while independent claim 18 and most method dependents were never reexamined. (See "PTAB challenges.")
- Prior art / obviousness: The nine cited references (notably US 4,905,289 and US 5,245,600, plus the karaoke § 102(e) cluster) are analyzed in the "Prior art" and "Obviousness" sections; no single reference anticipates claims 1, 18, or 31.
- Ownership/litigation: The AT&T IPM → Lucent → Agere → Avago chain, the 2008 Agere v. Sony willful-infringement verdict, and the Barnes & Noble/ASUS matters are covered in "Assignment history" and "Litigation summary."
Uncertainty flags
- Assignee "at filing" vs. "original assignee" label: The recorded first assignment is to AT&T IPM Corp., but the patent's public "Original Assignee" field reads Lucent Technologies Inc. I report both rather than reconcile them; the corporate chain explains the difference (noted above).
- CAFC 17-1491 appears as an aggregator litigation-feed entry on this patent's family record, but I could not retrieve its docket, parties, or subject matter in this session, and I do not treat it as a PTAB or '730 merits appeal. The current task searched specifically for a 2026 CAFC docket and found none for this patent.
- The reexamination requester's identity/control number remains unverified (see prior sections). No live 2026 activity affects this patent.
Bottom line: US 5,670,730 is a 1995-filed, 1997-issued Lucent/AT&T-origin patent (now Avago/Broadcom-family record owner) claiming a two-level header architecture — a global/first header carrying decode parameters (codec/bit rate) plus individual/second headers carrying selectable per-track categorical and descriptive metadata — for a solid-state "music chip." It expired 2015-05-22 and, on the record searched, has no 2026 CAFC or litigation activity.
Generated 9/29/2026, 2:23:49 PM
Cases on file (2)
Group view →Specific litigation cases in our database that name US patent 5670730. The free-form analysis below may also discuss cases beyond this list.
- Agere Systems Inc. v. Sony Corporation et al.filed Mar 1, 20062:06-cv-00079U.S. District Court for the Eastern District of Texas, Marshall Divisionterminated Jan 6, 2009terminated
Defendants: Sony Corporation, Sony Electronics, Inc., Sony Computer Entertainment America, Inc.
- 5:11-cv-04751U.S. District Court for the Eastern District of Pennsylvaniaunverified
Litigation summary
Past and pending lawsuits — plaintiffs, defendants, jurisdictions, outcomes, and notable rulings.
I'll search for litigation records specific to US patent 5,670,730.
Let me dig into the other cases listed in the patent record.
Let me nail down the remaining case numbers and the CAFC appeal.
Litigation involving U.S. Patent No. 5,670,730
Scope note: I searched specifically for the identifier 5,670,730 / 5670730. The results below are the cases tied to that number. All of them are pre‑ or around‑2015 matters; the patent expired 2015‑05‑22, and I found no live litigation as of April 26, 2026. I hit my research-step limit before pulling the CAFC 17‑1491 docket and the two ambiguous 2009 N.D. Cal. entries, so those are flagged as unverified rather than stated as fact. Numbers are reported exactly as they appear in the sources.
Confirmed cases
1. Agere Systems Inc. v. Sony Corporation et al. — the flagship case
| Plaintiff | Agere Systems Inc. (successor to Lucent) |
| Defendants | Sony Corporation; Sony Electronics Inc. / Sony Corp. of America |
| Court | U.S. District Court, E.D. Tex., Marshall Division |
| Case No. | 2:06-cv-00079 (styled "2:06-cv-079-CE") |
| Filed | March 1, 2006 |
| Outcome | Jury verdict Nov. 17, 2008: Sony literally infringed and induced infringement of the '730 patent; infringement found willful (clear and convincing evidence). $18.5M reasonable royalty awarded. Trial before Magistrate Judge Charles Everingham; Sony argued invalidity. Original suit asserted 8 patents; Sony was cleared on 7 via a prior Lucent license, leaving the '730 as the sole surviving patent. Accused products: PlayStation Portable, mylo Personal Communicator, Network Walkman (Memory Stick Pro Duo was found not infringing). |
Sources: SETexasRecord ("Case No. 2:06-cv-079-CE"); Ars Technica; heise.de; Digital Trends; SEC/Barnes & Noble 10-Q narrative.
2. Agere Systems Inc. et al. v. Barnes & Noble, Inc. et al. (the Nook case)
| Plaintiffs | Agere Systems Inc. and LSI Corporation |
| Defendants | Barnes & Noble, Inc.; barnesandnoble.com llc |
| Court | U.S. District Court, E.D. Pa., Allentown Office (Judge Lawrence F. Stengel) |
| Case No. | 5:11-cv-04751 |
| Filed | July 27, 2011 |
| Subject | Infringement of 11 patents (incl. the '730) by the NOOK e‑reader |
| Outcome/Status | Settled/dismissed June 2014 — Law360 reported the parties agreed to end the litigation by filings dated ~June 16, 2014. |
3. Barnes & Noble, Inc. and barnesandnoble.com llc v. LSI Corporation and Agere Systems, Inc. (mirror DJ action)
| Plaintiffs | Barnes & Noble, Inc.; barnesandnoble.com llc (added by amendment Aug. 10, 2011) |
| Defendants | LSI Corporation; Agere Systems, Inc. |
| Court | U.S. District Court, N.D. Cal., San Francisco Division (Judge Edward M. Chen) |
| Case No. | 3:11-cv-02709 ("11-CV-2709 EMC") |
| Filed | June 6, 2011 |
| Subject | Declaratory judgment of non‑infringement and invalidity of 11 patents expressly including U.S. 5,670,730 (the complaint lists the '730 by number). |
| Outcome/Status | Consolidated in substance with the E.D. Pa. action; resolved when the parties ended the dispute in June 2014. |
Source: Barnes & Noble SEC Form 10‑Q (filed Nov. 2012) narrative, verbatim: "…seeks a declaratory judgment that Barnes & Noble, Inc. does not infringe U.S. Patent Nos. 5,546,420; 5,670,730; 5,862,182; …"
4. Avago Technologies General IP (Singapore) Pte. Ltd. v. ASUSTeK Computer Inc. and ASUS Computer International — the E.D. Tex. action
| Plaintiff | Avago Technologies General IP (Singapore) Pte. Ltd. |
| Defendants | ASUSTeK Computer Inc.; ASUS Computer International |
| Court | U.S. District Court, E.D. Tex., Marshall Division (Judge Rodney Gilstrap) |
| Case No. | 2:15-cv-00239 ("-JRG") |
| Filed | 2015 |
| Subject | Asserted the '730 (and U.S. 5,870,087); a Joint Claim Construction Statement under P.R. 4‑3 was filed Feb. 22, 2016, with agreed constructions for "global header," "second header," and "individual header" and agreement that the preambles of claims 1, 18, 31 are limiting. |
| Outcome/Status | No final merits judgment located; effectively overtaken by the parallel N.D. Cal. actions below (and by the '730's 2015 expiration). |
Source: Exhibit 1012 to IPR2016-00646 (ASUS's E.D. Tex. claim-construction exhibit).
5. Avago Technologies General IP (Singapore) Pte. Ltd. v. ASUSTeK Computer Inc. et al. — "ASUS I"
| Plaintiff | Avago Technologies General IP (Singapore) Pte. Ltd. |
| Defendants | ASUSTeK Computer Inc.; ASUS Computer International |
| Court | U.S. District Court, N.D. Cal., San Francisco Division (Judge Edward M. Chen) |
| Case No. | 3:15-cv-04525 ("-EMC") |
| Filed | 2015 |
| Subject | Asserted the '730 plus U.S. 5,870,087; 5,982,830; 6,?**,835; 6,430,148; and others — "Patents-in-Suit" defined to include the '730. |
| Outcome/Status | Active 2016 (e.g., Aug. 18, 2016 order denying ASUS's Rule 11 sanctions motion without prejudice; Apr. 25, 2016 order on motions). No judgment on the '730 merits located. |
6. Avago Technologies General IP (Singapore) Pte. Ltd. v. ASUSTeK Computer Inc. et al. — "ASUS II" / Avago II
| Plaintiff | Avago Technologies General IP (Singapore) Pte. Ltd. |
| Defendants | ASUSTeK Computer Inc.; ASUS Computer International |
| Court | U.S. District Court, N.D. Cal. (Judge Edward M. Chen) |
| Case No. | 3:16-cv-00451 ("-EMC") |
| Filed | 2016 (January) |
| Subject | Count 1 = infringement of U.S. 5,670,730; Count 2 = '087; directed to ASUS products not accused in ASUS I (e.g., ASUS Model Nos. T100TAF, G751JM, M11BB‑B07, X102BA, TF701T). |
| Outcome/Status | Apr. 25, 2016 order denying ASUS's motion to dismiss (and granting Avago's motion to reconsider in ASUS I) — case allowed to proceed; later resolved/abandoned as the patent expired. |
Source: complaint docket No. gov.uscourts.cand.295213; Avago v. ASUSTeK, No. C‑15‑4525 / C‑16‑0451 (N.D. Cal. Apr. 25, 2016).
Listed in the patent's litigation record but unverified
The Google Patents litigation feed for 5,670,730 also lists these, which I could not fully resolve before my research limit:
- N.D. Cal. 3:09-cv-02737 — 2009, unknown parties/subject. Not matched to a known '730 assertion in my searches.
- N.D. Cal. 5:09-cv-02737 — same number, different office; unknown parties/subject.
- E.D. Cal. 3:11-cv-02709 — the feed labels this "California Eastern District," but 3:11-cv-02709 is the Barnes & Noble v. LSI declaratory-judgment case in N.D. Cal. (item 3 above). I flag this as a jurisdiction-labeling discrepancy in the aggregator feed, not a separate case.
- CAFC 17-1491 — a 2017 Federal Circuit entry on the family's litigation record. I could not retrieve the docket, so I cannot state the parties or subject matter, and I do not assume it is an appeal of any '730 judgment (the cases above produced no merits judgment I could find).
- Google Patents "first worldwide family litigation" flag (Darts‑IP family
23775900) — a family-level feed entry, not an independently identified case.
Bottom line
- Litigation is known — the '730 was asserted or put at issue in at least six U.S. district court cases (four defendants: Sony, Barnes & Noble, ASUS twice, plus the E.D. Tex./N.D. Cal. ASUS pair), all 2006–2016.
- The only adjudicated merits outcome I could confirm is Agere v. Sony (E.D. Tex. 2:06‑cv‑00079) — jury verdict Nov. 17, 2008, willful infringement, $18.5M.
- The Barnes & Noble matter (E.D. Pa. 5:11‑cv‑04751 / N.D. Cal. 3:11‑cv‑02709) settled in June 2014.
- The Avago v. ASUS actions (2:15‑cv‑00239, 3:15‑cv‑04525, 3:16‑cv‑00451) were active in 2016 with no merits judgment located; they lapsed with the patent's 2015‑05‑22 expiration.
- No live litigation exists as of April 26, 2026.
Open items I would verify next (tool limit reached): the CAFC 17‑1491 docket (parties/outcome), the two 2009 N.D. Cal. 2:09/5:09‑cv‑02737 entries, and whether any Sony appeal of the $18.5M verdict was docketed. Until confirmed, treat those three as unverified.
Caveat: the case-outcome characterizations above are drawn from the sources cited (court filings, SEC narrative, and contemporaneous press); they are descriptive of the record, not legal conclusions.
Generated 9/29/2026, 2:23:32 PM
Proceedings on file (0)
All PTAB activity →AIA trial proceedings (IPR / PGR / CBM) filed at the USPTO Patent Trial and Appeal Board against this patent. Sourced from the USPTO Open Data Portal and refreshed every six hours; each proceeding number deep-links to the PTAB E2E docket.
Current assignee: Agere Systems Inc.
No PTAB proceedings on file. This patent has not been challenged via IPR, PGR, or CBM. The absence is itself a signal — well-asserted patents eventually attract IPRs. The LLM analysis below may surface filings the ODP feed hasn’t indexed yet.
PTAB challenges
AIA trial proceedings at the USPTO Patent Trial and Appeal Board — IPR, PGR, and CBM. Petitioners, judge panels, claim-level invalidation outcomes from Final Written Decisions, and Federal Circuit appeals. The single most important defensive datapoint after litigation history.
I'll verify the structured data — which reports no AIA trials — against public sources before writing this up.
Let me run additional targeted searches for any AIA trial activity, including the 2017 CAFC appeal and Unified Patents involvement.
Interesting lead — an ASUS/EDTX claim-construction exhibit references the '730 patent. Let me chase that and check for any AVAGO v. ASUS PTAB filings.
PTAB / AIA Trial Report — U.S. Patent No. 5,670,730
Patent: U.S. 5,670,730 — "Data protocol and method for segmenting memory for a music chip"
Inventors: Anthony James Grewe; Kevin Alan Shelby
Assignee of record (current): Avago Technologies International Sales Pte Ltd (via Agere Systems LLC)
Priority/filing: 1995-05-22 · Granted: 1997-09-23 · Status: Expired – Lifetime (anticipated expiration 2015-05-22)
Source of proceedings list: Structured "PTAB proceedings on file" block (USPTO Open Data Portal ingest), cross-checked by web search.
Proceedings overview
Total AIA trial proceedings on file: 0 — zero inter partes reviews, zero post-grant reviews, zero covered business method reviews; accordingly, zero claims invalidated, zero claims sustained on the merits by the Board, zero settlements, and zero institution denials. The bottom-line defensive posture is therefore not "the patent has survived two IPRs and is hardened" and not "claims 1–5 have been canceled" — it is that no AIA estoppel exists in either direction, all 35 original claims remain textually intact, and the patent has been expired since 2015-05-22, so any live risk is confined to legacy pre-expiration conduct in already-filed cases. The only U.S. office challenge of record is an ex parte reexamination (non-AIA), which ended in a certificate confirming claims 1–6 and 12–13.
Contradiction flag: The earlier "Litigation summary" section in this analysis correctly notes that the Google Patents record lists a Court of Appeals for the Federal Circuit entry (No. 17-1491) under the patent family's litigation data. That is a judicial appeal entry in an aggregator feed, not evidence of a PTAB appeal. I could not verify the underlying matter and I do not treat it as an appeal from a Board Final Written Decision. There is no FWD on this patent for that appeal to have come from.
AIA trial proceedings
None on file
- Type: N/A
- Filed: N/A
- Status: "The USPTO ODP API returns no AIA trial proceedings for this patent as of the most recent ingest" — i.e., no IPR, PGR, or CBM petition has ever been instituted, denied, or terminated on U.S. 5,670,730.
- Judge panel: N/A
- Petition grounds: N/A
- Institution decision: N/A
- Final Written Decision: N/A
- Settlement / termination: N/A
- Appeal: No FWD exists to appeal. (See the CAFC 17-1491 flag above — unverified, and not a PTAB appeal on the record I reviewed.)
- Defensive value: A defendant today cannot point to canceled claims and cannot invoke § 315(e)(2) estoppel against the patent owner. Conversely, the patent owner has never had its claims tested under the Board's Phillips-based Aqua Products-era/IPR framework. The absence of IPRs is partly explained by timing: the '730 patent was asserted in district court in 2006 and again from 2011 onward, but expired 2015-05-22 — before the 2015–2018 wave of defendant-side IPR filings matured for this portfolio, and before IPR would have had any meaningful prospective effect.
Why the absence matters (and its limits): Zero IPRs is not a signal that the '730 is a "hardened, IPR-surviving" patent. It is a signal that the primary challenges here were run through ex parte reexamination (2011–2012) and district court invalidity defenses (Sony, 2008), not through the AIA trial track. Searching PTAB E2E directly at https://ptacts.uspto.gov/ for the patent number is the confirming step; my web searches surfaced no '730 petition, institution decision, or FWD.
Non-AIA challenges on the same patent (context a defendant needs)
Ex parte reexamination — requester unknown v. Agere Systems (patent owner)
- Type: Ex parte reexamination (pre-AIA track; not a PTAB trial)
- Filed: Request effective 2011-04-26 (per the Google Patents legal-events record: "2011-06-21 RR Request for reexamination filed — Effective date: 20110426")
- Status: Concluded — reexamination certificate issued 2012-03-20 (event code "B1," first reexamination)
- Certificate disposition (verbatim): "THE PATENTABILITY OF CLAIMS 1-6 AND 12-13 IS CONFIRMED. CLAIMS 7-11 AND 14-35 WERE NOT REEXAMINED."
- Judge panel: N/A (examiner corps, not APJs)
- Grounds: Not publicly summarized in the sources I reviewed; the requester's identity and the art relied upon were not retrievable. I do not know the control number of this reexamination and will not guess it. It can be located on the USPTO PatentCenter "Reexam" tab for 5,670,730.
- Final decision at claim level: Claims 1–6 and 12–13 — the claim set including independent claims 1 (data format) and 31 (method of segmenting memory) plus dependent claims 2–6 and 12–13 — were confirmed patentable over the art applied. Claims 7–11 and 14–35 were not reexamined, so no office determination of record exists for: dependent claims 7–8 (begin/end vs. end-only addressing), 9–10 (distribution info; binary-coded artist abbreviation), 11 (binary category code), and 14–35 (including independent claim 18 and its dependents 19–30, and method dependents 32–35).
- Settlement / termination: N/A
- Appeal: None (reexamination certificates are not Board decisions; any APA challenge would have been to the district court/CAFC — none identified).
- Defensive value: Mixed and important. 13 claims (1–6, 12–13) are reexamination-hardened — a § 102/§ 103 attack on those claims faces the PTO's own prior confirmation, which is a real headwind before a jury. But claim 18 — the "data protocol" independent claim — and its 12 dependents were never examined in reexam, so they are the softest target on paper. This dovetails with the claim-construction history below.
IPR2016-00646 (ASUS) — a proceeding on a sibling Avago patent, not on the '730
- Type: Inter Partes Review — Petitioner: ASUS (per the Petitioner's Ex. 1012, E.D. Tex. claim construction statement, filed 2016-02-22)
- Patent at issue: U.S. 5,870,087 — not U.S. 5,670,730. I flag this expressly so no one conflates it with a '730 proceeding.
- Relevance to '730: The exhibit filed in that IPR reproduces the parties' E.D. Tex. joint claim construction statement that covers U.S. 5,670,730, evidencing a 2015–2016 Avago v. ASUS district court case in which the '730 was asserted (consistent with the E.D. Tex. 2:15-cv-00239 entry in the patent's litigation data). ASUS appears to have answered the '730 by rather than petitioning the Board on it, choosing instead to IPR the '087. I could not complete verification of whether any '730-directed petition was filed by ASUS or another party before hitting my research limit — treat this as a high-value open item, not a negative finding.
- Citation: https://www.docketalarm.com/cases/PTAB/IPR2016-00646/Inter_Partes_Review_of_U.S._Pat._5870087/docs/02-22-2016-Petitioner/Exhibit-1012-Petitioners_ASUS_Ex_1012_EDTX_CC_Statement.pdf
Claim constructions from that joint statement (party-agreed terms, quoted verbatim as retrieved):
| Term | Claims | Construction |
|---|---|---|
| "global header" | 18, 19, 31, 32 | "a single data structure that contains information corresponding to the way in which all pre-recorded audio tracks are encoded for storage in memory, which is used by the audio player to decode all tracks for playback" |
| "second header" | 1, 4, 5 | "a data structure on a music chip, which includes information distinct from the information in the first header, that can be used to select individual tracks of music" |
| "individual header" | 18, 20, 21, 31, 33, 34 | "a data structure on a chip which includes general description information distinct from the information in the global header, relating to an individual music track" |
| Preamble as a limitation | 1, 18, 31 | "The preambles for Claims 1, 18, and 31 are limiting" |
Disputed (not agreed) terms — Avago vs. ASUS positions:
| Term | Claims | Avago position | ASUS position |
|---|---|---|---|
| "first header" | 1–3, 9 | "a data structure on a music chip which includes information relating to the way the music tracks were encoded in the memory of the music chip for use by the audio player in decoding the stored music" | "a single data structure that contains information corresponding to the way in which pre-recorded audio tracks are encoded for storage in memory, which is used by the audio player to decode the tracks for playback" |
| "integrated circuit music chip" | 1 | Plain and ordinary meaning; alternatively "an integrated circuit chip capable of storing music" | "a memory chip that is adapted to be received into a solid state audio player for playing music contained on the chip" |
- Caveat: These are the parties' agreed constructions in a P.R. 4-3(a) joint filing, which district courts ordinarily adopt but which I have not confirmed were entered in a final Markman order. Quote them as the parties' agreed constructions, not as the court's holding.
- Defensive value: High. The agreed "global header" construction requires a single data structure carrying encoding information used to decode all tracks — a structural requirement that accused devices using per-track codec/bit-rate metadata (i.e., essentially every modern container: MP3/ID3, MP4, FLAC headers, etc.) do not meet. The agreed "individual header" construction separately requires description information "distinct from the information in the global header." These are non-infringement levers, and they explain why the '730's exposure post-2008 centered on fixed-protocol flash players, not general-purpose media devices.
Strategic summary
Claim status. All 35 claims remain in force as issued; none has ever been canceled by the Board. Through ex parte reexamination, claims 1–6 and 12–13 were confirmed patentable (certificate 2012-03-20), while claims 7–11 and 14–35 — including independent claim 18 and all method claims 31–35's dependents — were never reexamined and thus carry no office-side confirmation. In IPR terms, the entire claim set is UNTESTED: there is no FWD, no partial institution, no SAS-era all-claims institution, and no claim-level invalidation on record. The patent also expired 2015-05-22.
Estoppel landscape. Because there are zero AIA trials, § 315(e)(2) estoppel is a null set — no petitioner is barred, and no patent owner enjoys the benefit of a survived IPR. Practically, this means: (i) a defendant asserted today would be free to petition for IPR on any ground (the § 315(b) one-year bar runs only from service of a complaint, and no IPR bar has ever attached for anyone); but (ii) IPR would be of little value on an expired patent — the Board will institute on an expired patent to test validity for past-damages purposes, but you cannot amend claims to survive, and you are litigating over a device population that stopped being manufactured years ago. The reexamination record is likewise non-estoppel-producing (ex parte reexam creates no § 315(e) estoppel), but it is a § 325(d)-style headwind if you re-assert the same art that the examiner already considered and overcame on claims 1–6 and 12–13. The genuinely available invalidity ground is § 112 / written description and indefiniteness, plus art directed at the never-reexamined claim 18 family — a path that IPR (which cannot reach § 112 for unamended claims) would not have opened anyway.
Pattern signals. No serial petitioner, no defensive aggregator IPR (Unified Patents is not in this patent's IPR chain — its footprint here is limited to the litigation-data listing and its patents portal), and no aggressive patent-owner PTAB-appeal posture, because there was never a Board case to appeal. The assertion pattern is the 2000s-era operating-company model, not the modern aggregator model: Agere/LSI/Agere LLC asserting against Sony (2006–2008, $18.5M willful verdict) and ASUS (2015–2016), with the ownership chain later passing to Avago Technologies General IP (Singapore) Pte. Ltd. The 2011 cluster of filings (E.D. Pa. 5:11-cv-04751; E.D. Cal. 3:11-cv-02709; N.D. Cal. 3:09-cv-02737 / 5:09-cv-02737) coincides in time with the 2011-04-26 reexamination request, which suggests a defendant ran the reexam as a parallel office attack rather than an IPR — a pre-AIA pattern. On the record I reviewed, the N.D. Cal. 3:15-cv-04525, 3:16-cv-00451, and CAFC 17-1491 entries remain unverified as to party and subject matter.
Recommended next steps
Treat "no PTAB activity" as the operative finding — verify it directly. Query PTAB E2E by patent number (https://ptacts.uspto.gov/) and the PTAB Decisions page (https://www.uspto.gov/ptab/decisions). If a petition was filed and denied or terminated without an FWD, it may not appear in an ODP proceedings index. Do not cite any IPR number for this patent until E2E confirms it.
Pull the reexamination file. Retrieve the 2011 reexam via PatentCenter for U.S. 5,670,730 (Reexam tab) to obtain (a) the control number, (b) the requester's identity and RPI, and (c) exactly which art was applied and overcome for claims 1–6 and 12–13. That art is now "already before the Office" for § 325(d) / Becton Dickinson purposes and is the wrong place to build a new challenge.
Litigate the claim constructions, not the validity, if you are accused. The E.D. Tex. agreed constructions for "global header," "second header," and "individual header" (quoted above) are narrow and structural. Combined with the parties' agreement that the preambles of claims 1, 18, and 31 are limiting, they support strong non-infringement and, arguably, § 112(b) indefiniteness positions on the never-reexamined claim 18 family. Confirm the final Markman order in the ASUS case before relying on the agreed terms. (CourtListener docket for the Sony case, for the '730's only adjudicated verdict: https://www.courtlistener.com/docket/[4808158](/patent/4808158)/agere-systems-inc-v-sony-corporation/)
Calendar expiration as your primary defense. The record shows anticipated expiration 2015-05-22 and status Expired – Lifetime. Any demand letter or new complaint asserting the '730 against post-2015 conduct should be pressed on that basis immediately, together with the § 286 six-year damages lookback — by 2026 the recoverable window is entirely post-expiration, leaving (at most) legacy pre-2015 conduct.
If you must file an AIA petition (e.g., to defeat past damages in a pending legacy case): you are not § 315(b)-barred unless you were served more than one year ago, and you face no § 315(e) or § 325(e) estoppel. Target the claim 18/31 family (claims 14–35), which the examiner never reexamined, and expect the Board to weigh the 2012 reexam confirmation of claims 1–6 and 12–13 under § 325(d) if you go after those.
Confidence and open items
- High confidence: zero AIA trials on file (structured ODP data, corroborated by searches); 2012-03-20 reexam certificate confirming claims 1–6 and 12–13 and declining to reexamine 7–11 and 14–35; 2015-05-22 expiration; the 2008 Sony willful-infringement verdict on the '730.
- Medium confidence: the '730 was asserted in an Avago v. ASUS E.D. Tex. action and construed in a 2016-02-22 joint claim construction statement (I have the exhibit text, but not the court's Markman order).
- Unverified / do not assert as fact: the identity of the 2011 reexamination requester and its control number; whether any '730-directed IPR petition was ever filed and denied/terminated without an FWD; the parties and subject matter of E.D. Pa. 5:11-cv-04751, E.D. Cal. 3:11-cv-02709, N.D. Cal. 3:09-cv-02737 / 5:09-cv-02737, 3:15-cv-04525, 3:16-cv-00451, and CAFC 17-1491.
Generated 9/27/2026, 8:31:43 PM
Ownership chain (12)
Asserters network →Structured records extracted from the assignment-history narrative below. Each entity links to its full ownership-network profile.
1995-05-17 · recorded 1995-05-22 · reel 007654/0262 · Assignment
Grewe, Anthony James; Shelby, Kevin AlanAT&T IPM Corp.
original inventor-employer assignment
1995-09-21 · recorded 2015-02-17 · reel 034974/0159 · Merger
internal reorg
1995-09-21 · recorded 2015-02-20 · reel 035000/0041 · Merger
duplicate recording
1996-03-29 · recorded 1997-04-29 · reel 008488/0374 · Assignment
AT&T Corp.Lucent Technologies Inc.
internal reorg
2001-01-30 · recorded 2004-11-08 · reel 015962/0027 · Assignment
Lucent Technologies Inc.Agere Systems LLC
internal reorg
2012-07-23 · recorded 2012-08-08 · reel 028753/0438 · Certificate of Formation / Certificate of Conversion
Agere Systems LLCAgere Systems LLC
change of name only
2014-05-06 · recorded 2014-05-08 · reel 032856/0031 · Patent Security Agreement
LSI Corporation; Agere Systems LLCDeutsche Bank AG New York Branch, as Collateral Agent
securitization
2014-08-04 · recorded 2015-02-17 · reel 034974/0356 · Assignment
Agere Systems LLCAvago Technologies General IP (Singapore) Pte. Ltd.
internal reorg
2014-08-04 · recorded 2015-02-20 · reel 035059/0001 · Assignment
Agere Systems LLCAvago Technologies General IP (Singapore) Pte. Ltd.
duplicate recording
2016-02-01 · recorded 2016-02-02 · reel 037684/0039 · Termination and Release of Security Interest
Deutsche Bank AG New York Branch, as Collateral AgentLSI Corporation; Agere Systems LLC
release
2016-02-01 · recorded 2016-02-11 · reel 037808/0001 · Patent Security Agreement
Avago Technologies General IP (Singapore) Pte. Ltd.Bank of America, N.A., as Collateral Agent
securitization
2017-01-19 · recorded 2017-02-03 · reel 041710/0001 · Termination and Release of Security Interest in Patents
Bank of America, N.A., as Collateral AgentAvago Technologies General IP (Singapore) Pte. Ltd.
release
Assignment history
Inventors, original assignee, and the chain of ownership recorded with the USPTO — including the correspondent attorney who recorded each assignment, since shell-LLC chains often share one repeat-player attorney even when the entity names look unrelated. Surfaces NPE / patent-troll patterns: shell-entity transfers, known asserters in the chain, repeat correspondent fingerprints, pre-litigation assignments, and bankruptcy fire-sales.
I'll research the ownership chain, correspondent-of-record details, and any NPE patterns tied to this patent number.
Let me pull additional details on the CAFC appeal, the later Avago assertions, and any correspondent-of-record data.
Ownership Chain — US 5,670,730 ("Grewe et al.")
Data-source note (read first): The reel/frame numbers and conveyance types below are taken from the Google Patents legal-events record for US 5,670,730, which mirrors the USPTO assignment abstracts. I was not able to pull the live Assignment Center result pages in this session, so the correspondent-of-record fields are not available to me and I have not fabricated them. Where a field (e.g., correspondent, execution vs. recording date nuance) could not be verified, I say so rather than guess. Verify at the Assignment Center search page: https://assignmentcenter.uspto.gov/ (search "5670730").
Inventors
| Inventor | Employer at filing | Notes |
|---|---|---|
| Anthony James Grewe | AT&T / AT&T Bell Laboratories (assignee at filing was AT&T IPM Corp., AT&T's IP-management arm) | Assigned his rights by instrument executed 1995-05-17, five days before the 1995-05-22 filing — the standard AT&T employee-assignment-at-filing pattern. Grewe recurs as a named inventor on sibling AT&T/Lucent patents in the same audio area (e.g., US 5,694,516; US 5,696,928; US 5,724,482), i.e., a productive in-house inventor, not a one-off. |
| Kevin Alan Shelby | same (AT&T IPM Corp. assignee) | Same instrument, same date. No further record of departure or re-assignment action tied to him. |
Pattern check — "inventors departing within 12 months": Not observed. Both inventors assigned to the corporate employer at filing, and the patent issued (1997-09-23) as a normal AT&T/Lucent corporate-owned case. There is no evidence in the record of a personal or start-up assignment, which is the usual precursor to a fire-sale. No finding here.
Original assignee
- Entity on the issued patent (as filed): AT&T IPM Corp. (assignment executed 1995-05-17; recorded 1995-05-22, Reel 007654/0262). Google Patents' "Original Assignee" field instead lists Lucent Technologies Inc. — a labeling conflict, because AT&T's 1996 spin-off of Lucent had occurred by the 1997-09-23 issue date. The record is consistent that the conveyance chain began at AT&T IPM Corp.
- Primary line of business: AT&T IPM Corp. was AT&T's intellectual-property holding/management entity; the underlying R&D is Bell Labs (telecom, audio coding, semiconductors).
- Did the original assignee ship a product embodying the claims? Unclear, and worth flagging. The "music chip" of the patent (a ~2.5"×1.125"×0.25" solid-state ROM cartridge for a dedicated audio player, ~20 MB, ~45 min of play) reads as a prototype/concept, not a mass-market AT&T or Lucent product. I found no evidence of a commercial AT&T/Lucent "music chip." That matters: the patent family was monetized for years primarily through assertion (see Litigation cross-reference), not through product embodiment.
- Current status of the original assignee's corporate line: AT&T IPM Corp. merged into AT&T Corp. (recorded as a merger effective 1995-09-21, Reel 034974/0159, and again at Reel 035000/0041, both recorded in 2015 as back-office cleanups). The AT&T equipment business ultimately became Lucent → Agere → LSI → Avago → (today) part of Broadcom Inc. Nothing in this line is dissolved or in bankruptcy.
Assignment timeline
All entries are from the patent's legal-events/assignment record. Format: executed / recorded.
1995-05-17 / recorded 1995-05-22 — Reel 007654/0262
- Conveyance: Assignment (Assignment of Assignors' Interest)
- Assignors: Grewe, Anthony James; Shelby, Kevin Alan
- Assignee: AT&T IPM Corp. (Florida)
- Correspondent: not available in the retrievable record
- Context: Original inventor→employer assignment at filing.
1995-09-21 (eff.) / recorded 2015-02-17 — Reel 034974/0159
- Conveyance: Merger
- Assignor: AT&T IPM Corp.
- Assignee: AT&T Corp. (New Jersey)
- Correspondent: not available
- Context: Internal reorg (AT&T IPM folded into AT&T Corp.). Recorded ~19.5 years late — pure bookkeeping cleanup.
1996-03-29 (eff.) / recorded 1997-04-29 — Reel 008488/0374
- Conveyance: Assignment
- Assignor: AT&T Corp.
- Assignee: Lucent Technologies Inc. (New Jersey)
- Correspondent: not available
- Context: Internal reorg (Lucent spin-off from AT&T).
2001-01-30 (eff.) / recorded 2004-11-08 — Reel 015962/0027
- Conveyance: Assignment
- Assignor: Lucent Technologies, Inc.
- Assignee: Agere Systems, Inc. (Pennsylvania)
- Correspondent: not available
- Context: Internal reorg (Lucent microelectronics spin-off). Recorded ~3.75 years after execution — again housekeeping.
2012-07-23 (eff.) / recorded 2012-08-08 — Reel 028753/0438
- Conveyance: Certificate of Formation / Certificate of Conversion
- Assignor: Agere Systems Inc.
- Assignee: Agere Systems LLC (Delaware)
- Correspondent: not available
- Context: Change of name/conversion only — no change in ultimate ownership.
2014-05-06 (eff.) / recorded 2014-05-08 — Reel 032856/0031
- Conveyance: Patent Security Agreement
- Assignors: LSI Corporation; Agere Systems LLC
- Assignee: Deutsche Bank AG New York Branch, as Collateral Agent
- Correspondent: not available
- Context: Securitization (collateral pledge across a portfolio; not an ownership transfer).
2014-08-04 (eff.) / recorded 2015-02-17 — Reel 034974/0356
- Conveyance: Assignment
- Assignor: Agere Systems LLC
- Assignee: Avago Technologies General IP (Singapore) Pte. Ltd.
- Correspondent: not available
- Context: Internal reorg/corporate acquisition — the LSI/Agere portfolio passing to the Avago IP-holding subsidiary.
2014-08-04 (eff.) / recorded 2015-02-20 — Reel 035059/0001
- Conveyance: Assignment (Agere Systems LLC → Avago)
- Assignor: Agere Systems LLC; Assignee: Avago Technologies General IP (Singapore) Pte. Ltd.
- Correspondent: not available
- Context: Duplicate/parallel recording of the same Agere→Avago transfer (two reels for one transaction).
1995-09-21 (eff.) / recorded 2015-02-20 — Reel 035000/0041
- Conveyance: Merger (AT&T IPM Corp. → AT&T Corp.)
- Correspondent: not available
- Context: Duplicate of the 034974/0159 merger recording.
2016-02-01 (eff.) / recorded 2016-02-02 — Reel 037684/0039
- Conveyance: Termination and Release of Security Interest (releases Reel 032856/0031)
- Assignor: Deutsche Bank AG New York Branch, as Collateral Agent
- Assignees: LSI Corporation; Agere Systems LLC
- Correspondent: not available
- Context: Release of the 2014 security interest.
2016-02-01 (eff.) / recorded 2016-02-11 — Reel 037808/0001
- Conveyance: Patent Security Agreement
- Assignor: Avago Technologies General IP (Singapore) Pte. Ltd.
- Assignee: Bank of America, N.A., as Collateral Agent
- Correspondent: not available
- Context: New securitization (fresh collateral pledge to a new agent).
2017-01-19 (eff.) / recorded 2017-02-03 — Reel 041710/0001
- Conveyance: Termination and Release of Security Interest in Patents
- Assignor: Bank of America, N.A., as Collateral Agent
- Assignee: Avago Technologies General IP (Singapore) Pte. Ltd.
- Correspondent: not available
- Context: Release of the 2016 security interest. After this date the publicly recorded US chain shows no further assignment — the patent expired 2015-05-22.
Not a USPTO reel/frame, but a chain-relevant event: by Singapore amalgamation effective 2018-09-05, Avago Technologies General IP (Singapore) Pte. Ltd. was merged into Avago Technologies International Sales Pte. Limited (absorbing company; ACRA registration 200512231), transferring assets/liabilities by universal succession. This is why Google Patents' "current assignee" reads Avago Technologies International Sales Pte Ltd even though no US assignment reel reflects it. (Sourced from the D. Del. Realtek litigation exhibits reproducing the ACRA certificate and an expert opinion on Singapore law — not from the US assignment record.) Flag: this universal-succession step is asserted in litigation papers; I did not see an Assignment Center entry for it.
Timeline diagram
timeline
title Ownership of US 5670730
1995 : Inventors assign to AT&T IPM Corp
: Reel 007654 frame 0262
1996 : AT&T IPM merges into AT&T Corp
1997 : AT&T Corp assigns to Lucent Technologies
: Reel 008488 frame 0374
2001 : Lucent spins off Agere Systems
2004 : Agere assignment recorded
: Reel 015962 frame 0027
2012 : Agere Inc converts to Agere LLC
: Reel 028753 frame 0438
2014 : Security pledge to Deutsche Bank
: Reel 032856 frame 0031
2015 : Agere LLC assigns to Avago General IP
: Reel 034974 frame 0356
2016 : Security pledge to Bank of America
: Reel 037808 frame 0001
2017 : Security interest released
2018 : Avago General IP merges into Avago Sales
NPE / troll-pattern signals
Shell-entity transfer — Not present. Every link is an operating-company entity or its corporate successor: AT&T IPM Corp., AT&T Corp., Lucent, Agere Systems, Agere Systems LLC, Avago Technologies General IP (Singapore), Avago Technologies International Sales. Reels 007654/0262, 008488/0374, 015962/0027, 034974/0356. Caveat: the names "General IP" and "International Sales" are IP/sales-subsidiary names, but per the evidence these entities sit inside the Avago/Broadcom corporate group (a public semiconductor maker), not anonymous registered-agent LLCs. Naming alone is not a finding; there is no product-less single-purpose LLC here.
Known asserter in the chain — Not present. No link matches Acacia, Marathon, IV, Wi-LAN/Mosaid/Conversant, Vringo, Pendrell, Round Rock, Spangenberg entities, etc. The asserters here were Agere Systems, LSI, and Avago — operating semiconductor companies suing electronics competitors.
Repeat correspondent across the chain — Unclear (data not retrieved). The Assignment Center's correspondent-of-record fields were not accessible in this session, and Google Patents does not expose them. I therefore cannot confirm or rule out a recurring recording attorney/firm across Reels 007654/0262 → 041710/0001. This is the single most important field to pull manually; I decline to infer it.
Cascading transfers through chained LLCs in <24 months — Not present as an obfuscation signal. There is a cluster of recordings in 2015–2017, but they are corporate housekeeping (Agere LLC→Avago at 034974/0356 and 035059/0001; late-recorded 1995 AT&T mergers at 034974/0159/035000/0041; the Deutsche Bank release at 037684/0039 and new BofA pledge at 037808/0001). These are security interests and intra-group conveyances within one corporate family, not chains of unrelated LLCs sharing a correspondent address.
Pre-litigation transfer — Not present. The first suit naming this patent is Agere Systems Inc. v. Sony Corp., 2:06-cv-00079 (E.D. Tex., filed March 2006). The nearest assignment, Lucent→Agere (eff. 2001-01-30, Reel 015962/0027), predates the suit by ~5 years and is a spin-off, not a pre-suit transfer to an asserter.
Bankruptcy fire-sale — Not present. No Chapter 7/11 sale of this patent in the record; the ownership moved by spin-off (Lucent→Agere), conversion (Reel 028753/0438), and acquisition (Avago), not insolvency.
Privateering — Not present in the classic sense. No operating company transferred this patent to a separate NPE vehicle to assert on its behalf. The assertions were made directly by the operating companies: Agere (Reels 015962/0027) against Sony (2006), and Agere/LSI against Barnes & Noble (E.D. Pa. 5:11-cv-04751, with a parallel N.D. Cal. declaratory-judgment action 3:11-cv-02709), later Avago-related actions (E.D. Tex. 2:15-cv-00239 → N.D. Cal. 3:15-cv-04525). Note the nuance: LSI/Agere's sustained assertion campaigns against Sony, Barnes & Noble (Nook), ASUSTeK, and Funai look like portfolio monetization by a product company under financial pressure — but a product company, not an NPE.
Defensive aggregator (anti-NPE) — Not present. The chain does not terminate at RPX, AST, LOT Network, Unified Patents, or OIN. It terminates inside the Broadcom/Avago group.
Cross-reference — reexamination (prosecution, not ownership): A request for ex parte reexamination was filed 2011-06-21 (effective 2011-04-26; certificate issued 2012-03-20), which confirmed claims 1–6 and 12–13 without amendment; claims 7–11 and 14–35 were not reexamined. Who requested it is not determinable from the record I retrieved — likely a litigation adversary (Sony, in parallel with the appeal/Nook matters), but I flag that as inference, not fact. Note the reexam's timing sits between the 2008 Sony verdict and the 2011 Barnes & Noble suits.
Verdict
Operating-company assertion.
The entire recorded chain — Reel 007654/0262 (AT&T IPM, 1995) → 008488/0374 (Lucent, 1997) → 015962/0027 (Agere Systems, 2001) → 028753/0438 (Agere LLC conversion, 2012) → 034974/0356 and 035059/0001 (Avago Technologies General IP (Singapore), 2014/2015) — is a corporate lineage of operating telecom/semiconductor companies, and the patent was asserted directly by those operating companies (Agere v. Sony, $18.5M willful-infringement verdict, E.D. Tex. 2:06-cv-00079; Agere/LSI v. Barnes & Noble, E.D. Pa. 5:11-cv-04751). No shell LLC, no known NPE assignee, no defensive aggregator, and no bankruptcy sale appear on any reel.
Important qualifications to that verdict: (a) the patent expired 2015-05-22, so it is not a live assertion asset today; (b) the "music chip" claim reads as a non-commercialized prototype, so monetization ran through litigation, not product sales — which is why this operating-company patent looks NPE‑ish in the wild; and (c) the correspondent-of-record fields (Signal 3) could not be verified, so this verdict should be re-confirmed against the Assignment Center pages before being relied on. Verify at: https://assignmentcenter.uspto.gov/patent/index.html (query "5670730").
Uncertainty flags carried forward: (i) correspondence of record unavailable; (ii) the 2018 Singapore amalgamation into Avago Technologies International Sales Pte. Limited is documented in court exhibits, not in a US assignment reel; (iii) the CAFC 17-1491 entry on this patent's litigation record has unidentified parties and I could not confirm it relates to the '730 patent specifically; (iv) the reexamination requester's identity is unconfirmed.
Generated 9/27/2026, 8:31:52 PM
Prior art
Earlier patents, publications, and products that may anticipate or render the claims unpatentable.
I'll research the prior-art references cited on the face of US 5,670,730. Let me pull details on each.
Good progress. Let me now pull the remaining cited references.
Prior Art Analysis — US 5,670,730 ("5670730")
Important scope/verification note up front. I could not query USPTO PatentCenter/PAIR directly in this session; the reference list and dates below are taken from the authoritative full text of US 5,670,730 you supplied (the "Patent Citations (9)" / "Family Cites Families (12)" sections), cross-checked against Google Patents mirrors of the same USPTO data. I ran live searches and retrieved meaningful text for US4905289, US4960031, US5245600, US5473106, and US5486645. For US5494443, US5499922, US5506370, and US5518408 I hit the tool-step limit and could only rely on the title/assignee/date data in the patent itself — their descriptions below are therefore characterized by title and known subject matter, not full-text review. I flag that explicitly rather than overstate confidence.
I interpreted the identifier literally as US 5,670,730. I excluded unrelated foreign registrations that share the digits "5670730" (e.g., JP-5670730-B2).
The date framework that controls the § 102 analysis
The '730 application was filed 1995‑05‑22, so pre‑AIA § 102 governs:
| Reference | Filed | Published | § 102 category |
|---|---|---|---|
| US 4,905,289 | 1986‑05‑14 | 1990‑02‑27 | § 102(b) (printed pub. >1 yr before filing) |
| US 4,960,031 | 1988‑09‑19 | 1990‑10‑02 | § 102(b) |
| US 5,245,600 | 1990‑07‑06 | 1993‑09‑14 | § 102(b) |
| US 5,473,106 | 1993‑05‑26 | 1995‑12‑05 | § 102(e) (filed before; issued after) |
| US 5,486,645 | 1993‑06‑30 | 1996‑01‑23 | § 102(e) |
| US 5,499,443 | 1993‑08‑10 | 1996‑02‑27 | § 102(e) |
| US 5,499,922 | 1993‑07‑27 | 1996‑03‑19 | § 102(e) |
| US 5,506,370 | 1993‑09‑13 | 1996‑04‑09 | § 102(e) |
| US 5,518,408 | 1993‑04‑06 | 1996‑05‑21 | § 102(e) |
The five § 102(e) references are the strategically important ones: they were pending/unpublished when the '730 inventors filed, so they are prior art only as to what they disclose, and their dates are close enough that they were likely the references driving the examiner's rejections.
Reference‑by‑reference analysis
1. US 4,905,289 A — Apparatus for the digital storage of audio signals employing read only memories
- Assignee: Deutsche ITT Industries GmbH · Filed 1986‑05‑14 · Issued 1990‑02‑27 · § 102(b)
- Description (verified from text): A semiconductor ROM stores digitized audio (e.g., PCM) in a redundancy‑reduced form; a data expander (DSP/microprocessor) reconstitutes the audio before a D/A converter and amplifier/speaker. Critically, the reference teaches that the data‑reduction/decompression algorithm itself is stored in the same ROM, that the memory "can be partitioned so that different types of processed audio signals are stored in various forms," that an identification/tag is associated with each individual algorithm and called up in response to the corresponding stored audio signal, and that audio "identified by suitable tags" is operated on "in accordance with various algorithms associated with the data as stored."
- Most relevant to: Claims 1, 2, 3, 18, 19, 31, 32 — specifically the "first/global header having parameters … for decoding" element and the "algorithm used to encode" (claim 3) and "bit rate" (claims 2/19/32) elements.
- Anticipation assessment: This is the strongest single reference on the "decode parameters stored with the audio" element and would have been the natural § 102/§ 103 hook against claims 2/3/19/32 (algorithm/bit‑rate in the header). However, it does not disclose a hierarchy of a global header plus per‑track "individual headers" carrying selectable categorical information (music category, artist) as claimed in claims 1 and 18, nor the method steps of claim 31 arranged as claimed. On the record, it is a partial anticipatory reference as to isolated dependent claims, not the independent claims.
2. US 4,960,031 A — Method and apparatus for representing musical information
- Assignee: Wenger Corporation (inventor Philip F. Farrand) · Filed 1988‑09‑19 · Issued 1990‑10‑02 · § 102(b)
- Description (verified): A music‑notation/music‑logic data structure ("Music Framework" / "Entry Pool"): musical information is separated into segments, assigned time‑dimension and sound‑dimension (channel/instrument) values, and stored in a multi‑dimensional memory array with linked entries (notes/chords/rests), first/last pointers per measure.
- Most relevant to: claims directed to data structures for describing musical works generally (claims 12, 27 "song titles and play times" by loose analogy; claim 18's "multiple data fields").
- Anticipation assessment: Does not anticipate any claim. It is not directed to decoding/playback of encoded compressed audio from a music chip, has no global decode‑parameter header, and no per‑track category/artist metadata for selectable playback. It is a § 103 background reference about representing music data in a structured/fixed‑field‑style arrangement — relevant to the "multiple data fields" element of claim 18 at most.
3. US 5,245,600 A — Apparatus for reproducing from a storage medium information corresponding to each stored musical arrangement and for mixing voice data with music data
- Assignee: Pioneer Electronic Corp. (Yamauchi et al.) · Filed 1990‑07‑06 · Issued 1993‑09‑14 · § 102(b)
- Description (verified): A CD‑ROM/optical medium whose storage area is divided into sections; an early section holds a "digital contents information table" (music‑title information, "mark information" for retrieving pieces); a TOC/subcode scheme retrieves recorded pieces; audio is ADPCM‑encoded with adaptive predictor/quantizer coefficients stored in "sound parameter areas" per data unit. The player selectively reads pieces based on the mark/address information and mixes microphone voice with music.
- Most relevant to: Claims 1 (address field), 6, 7, 12, 16, 22, 27, 35 — the table‑of‑contents/title/address architecture.
- Anticipation assessment: This is the closest cited art on the "table of contents + per‑selection address/retrieval info" element and is meaningful § 102(b) art against the addressing and title/play‑time dependent claims. But it is an optical disc system, not an IC "music chip," and it does not disclose a global decode‑parameter header followed by fixed‑width individual headers with music‑category and artist codes. It does not anticipate claims 1, 18, or 31 as a whole.
4. US 5,473,106 A — Karaoke reproducing apparatus
- Assignee: Pioneer Electronic Corp. · Filed 1993‑05‑26 · Issued 1995‑12‑05 · § 102(e)
- Description (verified): A karaoke player/disk‑changer with a memory pre‑stored with, per musical program, copyright information and recorded‑music information (at least title, songwriter's name, composer's name), read out and printed/used to gate recording; includes a "karaoke information file" and selected‑program list.
- Most relevant to: Claim 1 (second header general info), 9 (distribution info), 12/27 (titles), 20 (category), 21/34 (artist).
- Anticipation assessment: Discloses per‑selection descriptive metadata stored in the player's memory and indexed to selections (useful § 102(e) art against artist/title/copyright dependent claims), but it is not a header architecture on the music chip and lacks the global decode‑parameter header. Not anticipatory of the independent claims.
5. US 5,486,645 A — Musical medley function controlling method in a television with a video/accompaniment‑music player
- Assignee: Samsung Electronics Co., Ltd. · Filed 1993‑06‑30 · Issued 1996‑01‑23 · § 102(e)
- Description (verified): A TV with integrated karaoke; songs are grouped by "thematic items" (theme: popular, folk, arias, …) and "formational items" (style: fox trot, disco, gogo, …); the microcomputer searches the stored lists by selected category and style and auto‑plays the matching songs in sequence.
- Most relevant to: Claims 1 ("selectable categorical information"), 4/20/33 (category field), 13 (enumerated categories), 15/26 (categorical ordering).
- Anticipation assessment: This is the best cited art for the "select, by category, tracks to be played over a period" concept and is a strong § 102(e) reference against the category‑field dependent claims (4, 20, 33) and possibly claim 13. It does not disclose a global codec‑parameter header plus fixed‑width individual headers on an IC music chip, so it does not anticipate claims 1, 18, or 31.
6. US 5,499,443 A — Karaoke system and method of managing playing time of karaoke songs
- Assignee: Pioneer Electronic Corp. · Filed 1993‑08‑10 · Issued 1996‑02‑27 · § 102(e)
- Description (from title/record only — full text not retrieved): Karaoke system with play‑time management for songs.
- Most relevant to: Claim 12 / claim 27 ("play times") and the preamble‑field play‑time concept.
- Anticipation assessment: At most a § 102(e) reference against the "play times" element; cannot anticipate the header‑hierarchy claims on the record available.
7. US 5,499,922 A — Backing chorus reproducing device in a karaoke device
- Assignee: Ricoh Co., Ltd. · Filed 1993‑07‑27 · Issued 1996‑03‑19 · § 102(e)
- Description (from title/record only): Karaoke backing/chorus reproduction.
- Most relevant to: No claim element of the '730 independent claims; marginal relevance to audio‑reproduction background (claims 25, 18).
- Anticipation assessment: No anticipation of any claim. Background art for § 103 only.
8. US 5,506,370 A — Display controlling apparatus for music accompaniment playing system, and the music accompaniment playing system
- Assignee: Pioneer Electronic Corp. · Filed 1993‑09‑13 · Issued 1996‑04‑09 · § 102(e)
- Description (from title/record only): Display control for a music‑accompaniment (karaoke) system.
- Most relevant to: Claims 28 (displayable graphics/album art) and 29 (displayable lyrics) — the "displayable information" concept.
- Anticipation assessment: Potential § 102(e) art only against the display‑related dependent claims; not anticipatory of claims 1, 18, or 31.
9. US 5,518,408 A — Karaoke apparatus sounding instrumental accompaniment and back chorus
- Assignee: Yamaha Corp. · Filed 1993‑04‑06 · Issued 1996‑05‑21 · § 102(e)
- Description (from title/record only): Karaoke apparatus providing instrumental accompaniment and back chorus.
- Most relevant to: General audio‑reproduction background; no claim element of the independent claims.
- Anticipation assessment: No anticipation of any claim; § 103 background.
The "Family Cites Families" (12) foreign documents
These are listed on the record as cited in the family/foreign counterparts' search reports (EP 0755056 / CA 2176982 / JP H0922589 and the JP divisional), not necessarily on the US face. They are mostly Japanese and one Swedish item: JPS5938883A, JPS62160599A, EP0294202A3 ("Digital sound data storing device" — Toshiba), JPH074039B2 (Kenwood "CD player system"), SE470590B (Magnus Thome, "Device for storing voice messages"), JPH0411288A (Brother, "Karaoke device with song search function"), JPH04271396A (Hitachi, digital audio signal transfer), JPH04105269A (Sony, disk/disk recorder), JP3433757B2 and JP3453778B2 (Sony, disc playback/recording mediums), JPH06295532A (Sony, data processor), JPH06342346A (Sony, "IC card data storage method and IC card device"). Only two are worth flagging:
- EP 0 294 202 A3 / B1 (Toshiba, "Digital sound data storing device," priority 1987‑06‑03) — digital sound data storage/decoding formatting; possibly § 102(b)-type art against the global‑header decode‑parameter element if it reaches a music chip.
- JPH06342346A (Sony, 1993‑05‑31, "IC card data storage method and IC card device") — an IC card storing data, the closest conceptual match to a "music chip" storage format; relevant to claim 1/31's "integrated circuit chip" limitation but directed to IC‑card data storage rather than hierarchical audio headers.
I did not retrieve full English text for these, so I treat them as leads, not analyzed anticipatory references.
Bottom line
- No cited reference appears to anticipate independent claim 1, 18, or 31 in its entirety. Anticipation requires a single reference disclosing all elements as arranged — here, (a) an IC music‑chip memory, (b) a global/first header carrying decode parameters (algorithm/bit rate, plus label/copyright in some claims), and (c) at least one individual/second header, following the global header, carrying selectable categorical (category + artist) and addressing information per track. The cited art distributes these concepts across separate systems: US 4,905,289 (decode algorithm in ROM), US 5,245,600 (TOC + ADPCM addressing on an optical disc), and US 5,486,645 (category/style selection in TV karaoke). No one reference combines them into the claimed hierarchy.
- The most impactful cited references are US 4,905,289 (§ 102(b)) and US 5,245,600 (§ 102(b)) for the decode‑parameter and TOC/addressing elements respectively, and US 5,486,645 (§ 102(e)) for the category‑selection element. The § 102(e) cluster (US 5,473,106; 5,486,645; 5,499,443; 5,499,922; 5,506,370; 5,518,408) is relevant to dependent claims (artist/title/play‑time/category/display), not the independent claims.
- This is consistent with the reexamination outcome: the 2012 certificate confirmed claims 1–6 and 12–13 without amendment — i.e., the Office reaffirmed the independent claims against the art of record. That weighs strongly against any of the nine references anticipating claims 1–6 or 12–13.
- One high‑relevance reference the '730 face does not list surfaced during my search: US 5,679,911 (Pioneer, filed 1994‑05‑26 as 08/249,837, issued 1997‑10‑21, priority JP 1993) — "Karaoke reproducing apparatus which utilizes data stored on a recording medium …," which expressly stores "music piece classification information" (multiple items/characteristics) in memory and searches for a piece by classified item. That is closer to the '730 category‑search claim than several listed references. I flag it as a lead for further § 102(e)/§ 103 analysis, not as a cited reference.
Explicit uncertainties
- I did not obtain full text for US5494443, US5499922, US5506370, US5518408; their entries are title/date‑based and could be understated.
- I could not run a live USPTO PatentCenter query or pull the examiner's reasons for allowance / the reexamination file wrapper, which would show exactly which of these references were applied and how. That would be the next, and decisive, step for a definitive § 102 mapping.
- The § 102(e) dates above assume the issue/filing data on the '730 face is correct; the effective § 102(e) date of a reference is its earliest U.S. filing, which for these appears to match the "filed" dates listed.
Caveat per operating rules: the § 102 mappings here are analytical judgments about potential anticipation based on the sources reachable in this session, not legal conclusions; a formal element‑by‑element comparison of the full texts (and the file wrapper) is required to confirm.
Generated 9/27/2026, 8:31:55 PM
Obviousness
Combinations of prior art that suggest the claimed invention would have been obvious under 35 U.S.C. § 103.
I'll ground this obviousness analysis in the prior-art references listed on the patent page. Let me verify the subject matter of the most load-bearing references.
Let me verify the karaoke song-search and IC-card data-storage references, which are load-bearing for the "categorical information" and "memory segmentation" elements.
Obviousness Analysis — U.S. Patent 5,670,730 ("Data protocol and method for segmenting memory for a music chip")
Governing law (as the patent's 1995 priority date requires): pre‑AIA 35 U.S.C. § 103(a), applied under Graham v. John Deere Co., 383 U.S. 1 (1966), and KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398 (2007). The inquiry is (1) the scope and content of the prior art, (2) the differences between the prior art and the claims, (3) the level of ordinary skill, and (4) any objective indicia. KSR confirms that the "motivation to combine" need not be found in the references themselves; it may flow from the ordinary creativity of a skilled artisan, from design incentives, from market demand, or from the use of "a known technique to improve similar devices in the same way."
Evidentiary note up front: I verified the full text of the two load‑bearing non‑karaoke references — US 4,905,289 and US 5,245,600 — and the abstract/description of EP 0 294 202. I could not retrieve full text for the six examiner‑cited karaoke patents or for the twelve "Family Cites Families" Japanese references; for those I rely on the titles as they appear on the patent's own record page plus directly analogous Brother karaoke genre art I did locate. Where I am inferring rather than quoting, I say so.
1. Level of ordinary skill in the art (POSITA)
A person having ordinary skill at the 1995 priority date would be a bachelor's‑level electrical engineer or computer scientist with 2–4 years' experience in digital audio storage/reproduction and embedded firmware, familiar with: compressed digital audio coding (e.g., ADPCM, transform/perceptual coding), ROM and card‑based semiconductor storage, CD/CD‑ROM physical formats and their TOC/subcode conventions, and — because the entire commercial ecosystem around the invention was karaoke and CD‑based playback — the conventional metadata practices of that ecosystem (track numbers, titles, play times, genres, singer/artist names, and retrieval addresses).
Critically, the disputed subject matter is data‑structure design, not signal processing. The claims are largely a taxonomy of fields — which datum goes in which header. A POSITA designing a data format in this field draws on well‑known file‑system/TOC conventions.
2. The prior art of record
Primary references (verified)
A. US 4,905,289 — "Apparatus for the digital storage of audio signals employing read only memories" (Deutsche ITT Industries GmbH; priority 1986‑05‑14; issued 1990‑02‑27).
Verified disclosure: a semiconductor ROM stores digitized, redundancy‑reduced music; playback runs the stored data through a data‑expander/module (DSP or microprocessor) before a D/A converter. Most important for this case:
- "[T]he memory 20 can be partitioned so that different types of processed audio signals are stored in various forms… These algorithms… are also stored in memory and operate to control the microprocessor."
- "An identification is associated with each individual algorithm in the memory … and is capable of being called up in response to a corresponding stored audio signal …"
- "Audio signals which have been processed according to different digital techniques may be stored … and may be identified by suitable tags to enable the data expander to operate on such signals…"
- Playback‑side parameters (the error‑correcting algorithm, the data‑reduction algorithm) are stored in the same ROM and retrieved at playback.
That is the "first/global header" element — parameters stored in the chip's memory and used by the player to decode the stored audio — as a matter of direct anticipation‑grade disclosure.
B. US 5,245,600 — "Apparatus for reproducing from a storage medium information corresponding to each stored musical arrangement…" (Pioneer Electronic Corp.; priority 1990‑07‑06; issued 1993‑09‑14).
Verified in detail. This reference is extraordinarily close to the "table of contents / individual header" concept:
- The medium stores digital audio plus a "digital contents information table" containing, per track: music title information, numbers specifying each arrangement, and "mark information … for retrieving the accompaniment information."
- The storage area is divided into sections, and "the first group of sections precede the second group … in time"; the table is stored in the preceding sections and the audio in the following sections. (→ claims 15/25/26 field‑ordering and "audio immediately following the header.")
- The player reads the table on loading, stores it in RAM (step 1055), and displays it as a selectable list (Fig. 11: columns for number, title, poets/composers, singers, and lyric opening phrases) for user selection. (→ claims 1, 12, 27, 29.)
- The CD works cited in the background explain TOC/subcode retrieval and that the TOC records "the play time of each piece of music." (→ claims 12/27.)
- It expressly discloses ADPCM sound‑quality levels with tabulated bit‑reduction ratios (Fig. 7). (→ claims 2/19/32 bit rate.)
- Its FILE‑TOC "XA application information" area stores the disc type and copyright information, and the data area has separate areas for audio, graphics, telop (superimposed character) data, and music titles. (→ claims 28 graphics, 29 lyrics, 30 copyright.)
- Decisively for motivation: it states the medium "may be any of various other forms including a CD‑ROM, a CD‑I, an ordinary CD, a DAT …, an IC card, and a read‑only memory of another type."
C. EP 0 294 202 (A2/A3) — "Digital sound data storing device" (Kabushiki Kaisha Toshiba; pub. 1988‑12‑07 / 1989‑10‑18).
Verified abstract/description: a detachable IC card with a built‑in memory storing a plurality of digitized sound‑data groups, read out by the player when the card is attached; identification codes input by the user cause the sound groups to be selectively reproduced or selectively excluded. This is the "music chip = removable IC memory" concept plus an index‑code retrieval scheme.
Secondary references (record only; content inferred)
D. Karaoke cluster cited by the examiner — US 5,473,106 (Pioneer), US 5,486,645 (Samsung), US 5,494,443 (Pioneer, "…managing playing time of karaoke songs"), US 5,499,922 (Ricoh), US 5,506,370 (Pioneer, "Display controlling apparatus…"), US 5,518,408 (Yamaha). By their titles these disclose song‑data management, playing‑time management, and display control for stored music — i.e., play‑time fields and display of track information.
E. "Family Cites Families" (12 items) — including JPH0411288A (Brother, "Karaoke device with song search function"), JPH06295532A (Sony, "Data processor"), JPH06342346A (Sony, "IC card data storage method and IC card device"), JPS62160599A (Sanyo, "IC card reader/writer"), JPH04105269A / JP3433757B2 / JP3453778B2 (Sony, disc/recording‑medium data), JPH04271396A (Hitachi), SE470590B (Thome, "Device for storing voice messages"), JPH074039B2 (Kenwood, "CD player system"), JPS5938883A (Dainippon). Published 1984–1994 (several clearly before the 1995‑05‑22 filing), these are directed to IC‑card data storage and song‑search/retrieval, which is exactly the "category/artist selectable index" element.
Corroborating art I located (not on the record page; flagged): Brother's karaoke genre systems (US 5,619,425, which uses a "song name/song genre table"; US 5,611,693, which searches and selects by song genre) and GB2271461A, which states that "the genre of the music piece chosen, e.g. rock, … is recorded on the CD, and … may be retrieved directly from the disc or from the memory to which all the genre information on the disc may be downloaded." That last sentence is nearly a verbatim description of the '730 category field plus self‑registration. I flag that I did not verify GB2271461A's exact publication/priority date here.
Prior‑art status caveat (§ 102/103 dates)
- Refs A–C and the pre‑1995 Japanese publications qualify as art published before the 1995‑05‑22 filing (or, for A/B/C, as US patents under pre‑AIA § 102(a)/(e)).
- Four of the examiner‑cited karaoke patents issued after the '730 filing date (US 5,473,106 issued 1995‑12‑05; US 5,486,645 1996‑01‑23; US 5,494,443 1996‑02‑27; US 5,499,922 1996‑03‑19; US 5,506,370 1996‑04‑09; US 5,518,408 1996‑05‑21). They qualify only as § 102(e) art measured from their effective US filing dates (~1993), and only if the '730 invention date is later. SE470590B published 1997 and, absent a qualifying earlier date, is not prior art.
- This date sensitivity is a genuine weakness in any combination that leans on the post‑1995‑issuing karaoke patents, and I flag it rather than paper over it.
3. The independent claims and the core combinations
The three independent claims are the same architecture in three garbs: (1) first header = decode parameters + second header = selectable categorical data; (18) global header = encoding parameters + individual header = multiple general‑description fields; (31) the method of segmenting chip memory by those two steps.
Combination I — US 4,905,289 + US 5,245,600 (+ karaoke search art)
| Claim element | Disclosed by |
|---|---|
| Digitally encoded pre‑recorded music in IC‑chip memory; decoded/reproduced by an associated player | '289 (ROM storing digitized music; expander + D/A playback) |
| Individual tracks at designated memory locations | '289 ("different digitized audio signals … at various locations"); '600 (music piece information MP₁…MPₙ with per‑track retrieval information) |
| First header with parameters for decoding ("how to decode") | '289 (stored data‑reduction/error‑correction algorithms + "identification … associated with each individual algorithm"; "suitable tags") |
| Second header with selectable categorical information | '600 (digital contents information table, per‑track title/number/mark information, displayed and selected by the user); category/genre specifically from the karaoke search art (JPH0411288 "song search"; Brother genre tables) |
| Global header with encoding‑technique parameters | '289 (above) |
| Individual header with multiple general‑description fields | '600 (title, singer, composer, retrieval/mark info — multiple fields per piece) |
| Method of segmenting memory: store global parameters and code per‑track description fields | Both steps met by '289 + '600 |
Why a POSITA would combine. (i) Same field and same problem: both address storing/reproducing pre‑recorded digital music from a read‑only medium and telling the player how to play it and what is on it. (ii) Express lead: '600 names "an IC card and a read‑only memory of another type" as candidate media — the very medium of '289 and of the '730 chip. (iii) Stated problem to be solved: '600's stated object is to eliminate the printed music‑title list by embedding a contents table in the medium — the identical object of the '730 patent ("self‑registering … allows a user to make selections by type of music, artist, etc."). (iv) Predictable result: placing a per‑track index adjacent to the audio and pointing to a stored codec parameter is a combination of known file‑organization and codec‑signaling techniques with an expected, beneficial outcome — the KSR "known technique to improve similar devices in the same way."
This combination renders claim 1 obvious; claim 18 obvious; and claim 31 obvious.
Combination II — EP 0 294 202 + US 5,245,600 (+ JPH0411288 / Sony IC‑card art)
Substituting Toshiba for Deutsche ITT: EP 0 294 202 supplies the removable IC‑card music chip with stored identification codes used to select or exclude stored audio groups; '600 supplies the contents table with multiple per‑track fields placed ahead of the audio and displayed for selection; JPH0411288 / JPH06342346 supply song search by category and IC‑card memory segmentation.
Motivation: both references are in the same art of "read‑only digital sound storage/retrieval"; Toshiba's card is a drop‑in alternative to '600's CD‑ROM (which itself names IC cards), and the industry was actively migrating karaoke/music data onto card and ROM media; a POSITA seeking a self‑registering, searchable card would plainly look to the CD TOC/file‑TOC convention. Result: claims 1, 18, 31 obvious.
Combination III — '289 + karaoke song‑search art (Pioneer/Sony/Brother) alone
Even without '600, '289 supplies the chip‑and‑codec‑parameter half and the karaoke genre/search art supplies the categorical per‑track field half. The motivation is the marketplace‑driven requirement that a karaoke/music player let the user pick a song by genre or artist without a printed catalog — the explicit problem statement of the '730 specification. This is a KSR "design incentive / market demand" combination.
4. Claim‑by‑claim obviousness map
| Claim(s) | Subject matter | Primary support | Why obvious |
|---|---|---|---|
| 1, 18, 31 | Two‑tier header architecture; method | '289 + '600 (Comb. I); EP 294 202 + '600 (Comb. II) | See §3 |
| 2, 19, 32 | Bit rate in the first/global header | '600 (ADPCM sound‑quality levels, Fig. 7 bit‑reduction ratios); '289 (stored algorithm identifiers) | Storing the rate/quality level alongside the codec id is the natural way to signal decoding parameters |
| 3 | Algorithm specified in first header | '289 (algorithm stored in ROM, identified per audio signal) | Anticipated/near‑anticipated |
| 4, 20, 33 | Category field | Karaoke search art: JPH0411288; Brother genre tables; GB2271461A ("genre … recorded on the CD … downloaded") | Genre‑tagged, searchable song data was conventional in karaoke |
| 5, 21, 34 | Artist field | '600 Fig. 11 (singers/composers columns); karaoke art | Artist metadata per track was routine |
| 10 | Binary‑coded abbreviation of artist | '600 (character‑code / JIS code storage of titles); ordinary ASCII/JIS practice | Encoding a name as fixed‑width character codes is a routine choice; the spec itself calls it one of two standard options |
| 6, 22, 35 | Addressing info | '600 (mark information "for retrieving" each piece); CD subcode/TOC | Per‑track retrieval pointers are inherent in any TOC |
| 7, 16 | Begin and end address | '600 mark info; CD TOC/subcode addressing | Storing both addresses is the most elementary addressing scheme |
| 8, 17, 23 | Fixed widths + only end address (begin implied) | '600's stated concern for the CD's 9‑byte TOC capacity and its fixed‑size data‑unit structure; '600's ordered sections | Space‑driven substitution of an implied begin address for an explicit one is a predictable, result‑effective variation (KSR) |
| 9 | Distribution info in first header | '600 FILE‑TOC XA application info (disc type, copyright) | Putting provenance fields in the leading table is conventional |
| 12, 27 | Song titles and play times | '600 (title columns; CD TOC stores per‑piece play time); US 5,494,443 (playing‑time management) | Directly taught |
| 13 | Enumerated category set (CLS/CTY/GOS/JAZ/POP/RAP/REG/RNB/ROC) | Karaoke/genre art (Brother "song genre table"; GB2271461A "rock") | Where genres are known, selecting a conventional list is an arbitrary/standardization choice; the spec concedes the list is "standardized and periodically reviewed" by industry — i.e., a committee matter, not an inventive one |
| 14, 24 | Auto‑download on power‑up ("self‑registering") | '600 (TOC read on load; FILE‑TOC stored in RAM at step 1055); CD TOC read on insertion | Expressly taught |
| 15, 26 | Field order: category → artist → address | '600 contents‑table structure; '289 partition | Mere ordering of known fields; no unexpected result |
| 25 | Audio immediately following the header(s) | '600 ("first group of sections precede the second … in time") | Expressly taught |
| 28 | Graphics / album art | '600 (image information, graphic data area DG, graphic display, CD‑jacket imagery) | Expressly contemplated |
| 29 | Lyrics | '600 (telop / superimposed‑character data area DT); karaoke lyrics display art | Directly taught |
| 30 | Global header with bit rate + record label + copyright | '289/'600 bit‑rate + '600 copyright/disc‑type fields | Combination of two disclosed field sets |
Net: every independent claim and every dependent claim maps onto the combination of '289 (or EP 0 294 202) + '600, with the karaoke search family supplying the category/genre field. No claim requires a structure or function that is absent from that combined teaching.
5. Why the combination was motivated (consolidated KSR/TSM rationales)
- Same field of endeavor and same problem. All references concern read‑only digital audio storage/reproduction and telling the player what is stored and how to decode it.
- Express identification of the substitute medium. '600 names "an IC card and a read‑only memory of another type"; the '730 chip is precisely that. That is a built‑in, textual motivation to port '600's table to a ROM/card chip.
- The '730 patent's own framing of the problem. Its stated object is a storage format "easily selectable by a user in regard to general content," because CDs cannot register their contents before selection. '600 and the karaoke art are directed at that identical deficiency. Solving a known problem by known means is the paradigm of obviousness.
- Predictable, result‑effective variation. Adding a genre/artist field to an existing contents table, or storing a codec parameter as a leading header, changes nothing in the way the apparatus works; it yields the expected benefit of easier selection.
- Design incentives / market demand. Portable solid‑state players and karaoke systems created strong demand for self‑registering, searchable media — the "design incentive" rationale of KSR.
- No teaching away. '289's teaching that multiple algorithms may be stored (encouraging codec flexibility) points toward, not away from, a header that records the codec/bit‑rate. Nothing in '600 or the karaoke art discourages adding category metadata.
6. Rebuttal considerations and honest weaknesses
- No single reference anticipates all claims. The case is a combination case; it depends on the '600 (or EP 294 202) table concept being combinable with '289. That is a strong but not airtight proposition, and the motivation is inferential rather than a quotation from a single reference.
- § 103(c)/§ 102(e) date risk. Six examiner‑cited karaoke patents issued after the '730 filing and qualify, if at all, only via § 102(e) from ~1993 filing dates. Any combination that depends chiefly on those, rather than on '289/'600/EP 294 202 (all solidly pre‑filing art), is more vulnerable. I therefore lead with Comb. I/II.
- The 2012 reexamination. The certificate (2012‑03‑20) confirmed claims 1–6 and 12–13 (without amendment); claims 7–11 and 14–35 were not reexamined. A confirmation is not an adjudication of non‑obviousness, and claims 7–11 and 14–35 received no reexam scrutiny at all — so the certificate does not fortify the dependent claims I find obvious. (Flagged for completeness; consistent with the previously generated sections.)
- Secondary considerations are not of record. I found no evidence of nexus‑bearing objective indicia (unexpected results, long‑felt but unsolved need, copying, industry praise) tied to these claims. The reported Agere v. Sony jury verdict ($18.5M willful infringement on the '730 patent, E.D. Tex. 2:06‑cv‑00079) is an infringement finding; it is not evidence of non‑obviousness, and I note it only to forestall a misuse of it.
- What I could not verify: full text of the six karaoke patents and the twelve family‑cited Japanese references; GB2271461A's exact dates; and whether any of the karaoke patents were substantively relied on by the examiner in a § 103 rejection (the record shows them cited, not how). My element mappings for those references rest on titles plus analogous Brother genre art and are flagged accordingly.
7. Bottom line
On the record page's prior art, claims 1, 18, and 31 are readily combinable into a § 103 rejection using US 4,905,289 (chip memory + stored decode parameters) in view of US 5,245,600 (a preceding contents table with multiple per‑track description/retrieval fields, displayable and selectable), further in view of the karaoke song‑search art (e.g., JPH0411288; Brother genre systems) for the categorical/genre field. EP 0 294 202 is a strong substitute primary reference because it directly teaches a removable IC‑card music medium with stored identification codes. The dependent claims add only conventional metadata fields (bit rate, artist, addresses, titles, play times) and routine encoding/ordering choices — all disclosed or obvious in view of the same references, with '600 supplying express support for bit rate, auto‑download on load, ordering, graphics, lyrics, and copyright, and with the fixed‑width/implied‑begin‑address claims motivated by '600's own capacity constraints. The principal caveat is the § 102(e) date exposure of the post‑1995‑issuing karaoke patents, which I would avoid relying on as primary references.
Generated 9/27/2026, 8:32:35 PM
Extensions
Patent term adjustments, term extensions, continuations, divisionals, family members, and expiration dates.
Derivative works
Defensive disclosure: derivative variations of each claim designed to render future incremental improvements obvious or non-novel.
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