UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD. UBISOFT, INC. AND UBISOFT ENTERTAINMENT SA Petitioner

Transcription

1 UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD UBISOFT, INC. AND UBISOFT ENTERTAINMENT SA Petitioner v. GUITAR APPRENTICE, INC. Patent Owner Case No. TBD Patent No. 8,586,849 PETITION FOR INTER PARTES REVIEW OF U.S. PATENT NO. 8,586,849

2 U.S. Patent No. 7,463,245 TABLE OF CONTENTS I. INTRODUCTION... 1 II. SUMMARY OF THE 849 PATENT... 1 A. Description of the Alleged Invention of the 849 Patent... 1 B. Summary of the Prosecution History of the 849 Patent... 2 III. REQUIREMENTS FOR INTER PARTES REVIEW UNDER 37 C.F.R A. Grounds for Standing Under 37 C.F.R (a)... 4 B. Identification of Challenge Under 37 C.F.R (b) and Relief Requested The Grounds For Challenge Level of Skill of a Person Having Ordinary Skill in the Art Claim Construction Under 37 C.F.R (b)(3)... 5 (a) (b) (c) (d) Proficiency Sensing Module Effective To... 6 Mode Control Module Effective To... 7 Proficiency Level of the User... 8 Defining/determining user segments based on the proficiency level of the user... 9 IV. THERE IS A REASONABLE LIKELIHOOD THAT THE CHALLENGED CLAIMS OF THE 849 PATENT ARE UNPATENTABLE A. Lee Anticipates Claims 1-3, 5, 9-12, 14, and 20 Under 35 U.S.C. 102(e)...10 B. Epstein Anticipates Claims 1-3, 5, 9-12, 14, and 20 Under 35 U.S.C. 102(a) and (e)...32 C. Parks Anticipates Claims 1-3, 5, 9-12, 14, and 20 Under 35 U.S.C. 102(b)...44 D. Lee Renders Claims 1-3, 5, 9-12, 14, and 20 Obvious Under 35 U.S.C. 103(a)...57 V. MANDATORY NOTICES UNDER 37 C.F.R. 42.8(A)(1) A. Real Party-In-Interest and Related Matters...58 B. Lead and Back-Up Counsel Under 37 C.F.R. 42.8(b)(3)...59 C. Payment of Fees Under 37 C.F.R VI. CONCLUSION... 59

3 I. INTRODUCTION Ubisoft, Inc. and Ubisoft Entertainment SA (collectively Petitioner ) requests an Inter Partes Review ( IPR ) of claims 1-3, 5, 9-12, 14, and 20 (collectively, the Challenged Claims ) of ( the 849 Patent ) issued on November 19, 2013 to Gabriel Smith ( Applicant or Patent Owner ). Ex. 1001, 849 Patent. II. SUMMARY OF THE 849 PATENT A. Description of the Alleged Invention of the 849 Patent The 849 patent describes a progressive instruction method whereby a user learns to play a guitar by playing a gradually increasing number of segments (e.g., notes or chords) within a performance, as provided by the system in accordance with a determined user proficiency. Ex. 1001, 849 patent at 1: The disclosed media system stores in memory songs that are broken up into segments (i.e., notes and/or chords). Id. at 4:1-9. There are two types of segments: host segments and user segments. Id. at 2:59-65, 4:9-11, 6:44-61, Abstract. For each song, certain segments are defined as host segments that are played by the media system, with the remainder of the segments defined as user segments. Id. at 4:9-13. During host segments the media system simulates the sounds produced by each instrument associated with the song in addition to the sounds produced by the user s instrument. Id. at 2:62-65, 7: During user segments, the media system mutes only the instrument being played by the user during the user segments and provides graphical representations of guitar fret boards to 1

4 instruct the user of the proper notes or chords to be played. Id. at 2:61-65, 7:29-43, 5:7-9, Figs The media system stores multiple versions (referred to as iterations or sets ) of each song in memory, each version containing different allocations of notes/chords to be played by the media system ( host ) and notes/chords to be played by the user. Id. at 4:34-36; Figs. 6a-6d; 4:13-21 (in FIG. 6a-6d, the media system plays the entire song in SET 0, while the user plays the entire song in SET N ). The particular set or iteration to be played, however, can be selected by the user, can be predetermined as stored within the system, or can be determined by the media system in accordance with various criteria. Id. at 4: One such criteria contemplated is the proficiency level of the user, which the 849 patent states is determined by receiving signals from the instrument played by the user, and comparing them with expected signals for corresponding segments of previous iterations of the performance by using software (e.g., a user proficiency sensing module 22f). Id. at 3: The specification states only that [c]ircuitry and software for such signal reception and processing is presently known to those of skill in the art, and as particular structure for performing the same is not required for the media system 10 of the present invention further description herein may be omitted. Id. at 3: B. Summary of the Prosecution History of the 849 Patent U.S. Patent App. No. 13/553,310 that resulted in the 849 Patent was filed on July 19, 2012 as a continuation of U.S. App. No. 13/351,345, which was filed on January 17, 2012 (now U.S. Patent No. 8,481,838) as a continuation of U.S. App. No. 12/902,577, 2

5 which was filed on October 12, 2010 (now U.S. Patent No. 8,119,896), which claims priority from U.S. Provisional App. No. 61/360,002, which was filed on June 30, Ex. 1001, 849 Patent. The as-filed application included 20 as-filed claims. Ex. 1002, 849 Patent File History at As-Filed Application. The USPTO issued a non-final office action on January 24, 2013 rejecting all pending claims 1-20 as being indefinite stating: it is not clear as to what a host segment or a user segment is, or what distinguishes one from another. Id. at Non-Final Rejection dated 1/24/2013, p. 2. In an amendment dated July 16, 2013, Applicant amended pending claims 1-15 and Id. at Amendment dated 7/16/2013, pp Namely, Applicant removed the term host segment from the claims and stated: Host segments may generally be described as the non-user segments of the plurality of segments in a performance. Id. at p. 12. Applicant amended independent claims 1, 9, and 17 to more particularly define user segments within the scope of the invention. While all segments comprise one or more notes or chords, the user segments may be defined as further having one or more associated display images for instruction and prompting a user to play the corresponding one or more notes or chords. Id. at p. 11. Applicant also amended claims 1 and 20 to replace the term pressed with the term engaged. Id. at p. 13. Finally, Applicant replaced the term prompting with the term instructing in claim 1. Id. at p. 13. The USPTO issued a notice of allowance on October 15, 2013, allowing claims 1-20 for the reasons set forth in Applicant s response of 7/16/13. Id. at Notice of 3

6 Allowance dated 10/15/2013. The 849 Patent issued on November 19, III. REQUIREMENTS FOR INTER PARTES REVIEW UNDER 37 C.F.R A. Grounds for Standing Under 37 C.F.R (a) Petitioner certifies that the 849 Patent is available for IPR and that the Petitioner is not barred or estopped from requesting IPR challenging the claims of the 849 Patent. Specifically, Petitioner states: (1) Petitioner is not the owner of the 849 Patent; (2) Petitioner has not filed a civil action challenging the validity of any claim of the 849 Patent; and (3) this Petition is filed less than one year after the Petitioner was served with a complaint alleging infringement of the 849 Patent. B. Identification of Challenge Under 37 C.F.R (b) and Relief Requested In view of the prior art, evidence, and claims charts, claims 1-3, 5, 9-12, 14, and 20 of the 849 Patent are unpatentable and should be cancelled. 37 C.F.R (b)(1). 1. The Grounds For Challenge Based on the prior art references identified below, IPR of the Challenged Claims should be granted. 37 C.F.R (b)(2). Proposed Statutory Rejections for the 849 Patent Claims 1-3, 5, 9-12, 14, and 20 are anticipated under 102(e) by U.S. Patent Publication No. 2011/ to Lee et al. ( Lee ) [Ex. 1003] Claims 1-3, 5, 9-12, 14, and 20 are anticipated under 102(a) and (e) by U.S. Patent Publication No. 2010/ to Epstein ( Epstein ) [Ex. 1004] Claims 1-3, 5, 9-12, 14, and 20 are anticipated under 102(b) by U.S. Patent 4

7 Publication No. 2008/ to Parks ( Parks ) [Ex. 1005] Claims 1-3, 5, 9-12, 14, and 20 are obvious under 103(a) over Lee [Ex. 1003] Section IV identifies where each element of the Challenged Claims is found in the prior art patents. 37 C.F.R (b)(4). The exhibit numbers of the supporting evidence relied upon to support the challenges are provided above and the relevance of the evidence to the challenges raised are provided in Section IV. 37 C.F.R (b)(5). Exhibits are also attached. 2. Level of Skill of a Person Having Ordinary Skill in the Art A person having ordinary skill in the art at the time of the application to which 849 Patent claims priority (June 30, 2010) would have had at minimum a bachelors degree in electrical engineering, computer science, physics, mathematics, or a related field or an equivalent number of years of working experience, in addition to one to two years of software programming experience. Ex. 1006, Declaration of Dr. Michael Zyda ( Zyda Decl. ) at Claim Construction Under 37 C.F.R (b)(3) A claim subject to IPR receives the broadest reasonable construction in light of the specification of the patent in which it appears. 37 C.F.R (b). Unless otherwise noted below, Petitioner proposes, for purposes of IPR only, that the claim terms of the 849 Patent are presumed to take on their ordinary and customary meaning that the term would have to one of ordinary skill in the art. The claim construction analysis is not, and should not be viewed as, a concession by Petitioner as to the proper 5

8 scope of any claim term in any litigation. These assumptions are not a waiver of any argument in any litigation that claim terms in the 849 Patent are indefinite or otherwise invalid or unpatentable. For example, Petitioners note that the challenged claims are directed to ineligible subject matter under 35 U.S.C. 101, and lack supporting written description or enablement pursuant to 35 U.S.C (a) Proficiency Sensing Module Effective To Petitioner contends that the proficiency sensing module limitation of claims 9-16 fails to recite sufficiently definite structure, and is properly construed under 35 U.S.C. 112, 6. The term module is a non-structural term that is simply a substitute for the term means coupled to a function without any structure that performs the function. Supplementary Examination Guidelines, 76 Fed. Reg (Feb. 9, 2011); MPEP 2181(I)(A). The term proficiency sensing module is mentioned only twice in the 849 specification, and is described as a structural means for performing the functions. Ex. 1001, 849 patent at 3:18-28 ( The program module 22 may in various embodiments include or otherwise be defined as any number of combinations of processor-readable instruction modules (defined in FIG. 5 without limitation as... a user proficiency sensing module 22f) which perform the functions, and a person having ordinary skill in the art of software programming would conceive of numerous structural means for producing the same executable results. )(Emphasis added); see also id. at 3: However, no structural means are ever described in the 849 specification for performing any function associated with a proficiency sensing module, and the 6

9 specification goes so far as to state that a particular structure is not required and is expressly omitted from the patent disclosure. Id. at 3: There is no structure, flow chart, process or algorithm disclosed in the 849 patent to perform the stated functions. Therefore, 112, 6 should apply and the claim term is indefinite under 112. However, because validity challenges under 35 U.S.C. 112 are not available in IPR petitions, and in the event that the Board finds that 112, 6 does not apply, Petitioner demonstrates that the claimed functions performed through processor-readable software instructions are described in the prior art below and are unaptentable. (b) Mode Control Module Effective To Petitioner also contends that the mode control module limitation of claims 9-16 should be construed under 35 U.S.C. 112, 6. The term mode control module is only mentioned twice in the specification, and is described as a structural means for performing the functions. Ex. 1001, 849 patent at 3:18-28; see also id. at 7: However, no structural means are ever described in the 849 specification for performing any functions associated with the claimed mode control module. In fact, the specification and the claim language are at odds with each other, as they each describe different functions that are purportedly performed by the mode control module. Compare Ex at Claim 9 ( a mode control module effective to define one or more of the plurality of segments... as user segments based upon one or more criteria including the determined proficiency level of the user and a performance iteration, and in successive iterations... determine whether the proficiency level of the user warrants increasing the 7

10 number of user segments ) with id. at 7:20-37 (disclosing that the mode control module designates one of two operating modes (1) simulating sounds of the user-selected instrument during host segments and user segments, and (2) muting the sounds of the user-selected instrument during user segments). There is no structure, flow chart, process or algorithm disclosed in the 849 patent to perform the stated functions. Therefore, 112, 6 should apply and the claim term is indefinite under 112. However, because validity challenges under 35 U.S.C. 112 are not available in IPR petitions, and in the event that the Board finds that 112, 6 does not apply, Petitioner demonstrates that the claimed functions performed through processor-readable software instructions are described in the prior art below and are unaptentable. (c) Proficiency Level of the User The 849 patent intentionally omits a description of how user proficiency is determined. Ex. 1001, 849 patent at 3:57-67 ( The received signals may be processed using software (e.g., a user proficiency sensing module 22 f) by the system 10 in comparison with expected signals for corresponding segments of previous iterations of the performance for determining user proficiency. Circuitry and software for such signal reception and processing is presently known to those of skill in the art, and as particular structure for performing the same is not required for the media system 10 of the present invention further description herein may be omitted. ). The 849 patent also does not disclose how any determined user proficiency is translated into a corresponding proficiency level of the user. Because challenges under 35 U.S.C

11 are not available in IPR petitions, Petitioner submits dictionary definitions of the terms proficiency, proficient, and level as evidence of the broadest reasonable interpretation of the terms. Ex. 1007, Definition of Proficiency ( the state of being proficient; skill; expertness ); Ex. 1007, Definition of Proficient ( an expert ); Ex. 1008, Definition of Level ( 17. an extent, measure, or degree of intensity, achievement, etc.: a high level of sound; an average level of writing skill. ). Accordingly, the broadest reasonable interpretation of the term proficiency level of the user should at least include an extent, measure, or degree of the user s skill or expertness. (d) Defining/determining user segments based on the proficiency level of the user Each of independent claims 1, 9, and 17 recite the concepts of determining/identifying a proficiency level of the user based on signals received electrically from a guitar played by the user. As discussed above in Section III.B.3(c), the 849 patent fails to disclose how any determined user proficiency is translated into a corresponding proficiency level of the user. Each of claims 1, 9, and 17 also recite the concept of defining/determining user segments based on the proficiency level of the user. Ex. 1001, 849 patent at Claim 1 ( defining [] use segments based on criteria comprising a proficiency level of the user ); Claim 9 ( define [] user segments based upon [] criteria including the determined proficiency level of the user ); Claim 17 ( determining a number of user segments [] based on criteria comprising the proficiency level of the user ). Further, claim 8 (dependent from claim 1) and claim 16 (dependent 9

12 from claim 9) expressly state: wherein the proficiency level of the user is userselectable. The 849 patent further discloses that the disclosed systems/methods may determine whether adjustment of the segments is warranted based on the detected or user-provided proficiency level of the user. Id. at 8:32-42; see also id. at 4:34-41 ( An initial set 32 for use in a particular session may be determined by the system 10 in accordance with the proficiency level of the user (as selected by the user or as determined by the system). ); 6: Accordingly, under the broadest reasonable interpretation, each of claims 1, 9, and 17 require that a proficiency level be determined by the system (based on received guitar signals), but the determination/definition of user segments may be based on either the determined proficiency level or a user-selectable proficiency level. IV. THERE IS A REASONABLE LIKELIHOOD THAT THE CHALLENGED CLAIMS OF THE 849 PATENT ARE UNPATENTABLE The following prior art references disclose each limitation of the Challenged Claims. As such, the Challenged Claims are unpatentable. Included in the claim charts below are exemplary citations to the prior art references. A. Lee Anticipates Claims 1-3, 5, 9-12, 14, and 20 Under 35 U.S.C. 102(e) Lee was filed on May 7, 2010, claims priority to a provisional application (App. No. 61/222,909) filed July 2, 2009, and qualifies as prior art under 35 U.S.C. 102(e). Ex. 1003, Lee; see also Ex. 1009, App. No. 61/222,909. Lee discloses a system and method of 10

13 providing instruction for playing a guitar in a stepwise and progressive manner. Ex. 1003, Lee at [0173]-[0174], Fig. 16. Namely, Lee discloses that a user selects a piece to perform during a session. Id. at Abstract, [0060], [0195]. Each piece includes events (e.g., notes, chords) and associated performance cues that, when displayed, indicate the required notes or chords to be played by the user. Id. at [0056]- [0059], Figs. 5-7B. For each session, the music instruction system defines the number of notes/chords that the user will be instructed to play for the session based on a difficulty level (e.g., beginner, novice, skilled, advanced, prodigy) of the session. Id. at [0195], [0105]-[0106], [0173]-[0174]. The difficulty level of the session can either be static or the system can dynamically adjust the difficulty level based on the user s performance. Id. at [0106], [0161]. During the session, the user s performance of events is evaluated and compared to expected events. Id. at [0062], [0137]. Based on the comparison, the music instruction system provides feedback, such as scores, statistics, and a user level (e.g., beginner, easy, novice, skilled, difficult, advanced, prodigy), both during and upon completion of the piece. Id. at [0064]-[0065], Fig. 18. Lee expressly discloses that the determined user level may assist the user in selecting a difficulty level for a subsequent session. Id. at [0183]. Further, the system is capable of, from session to session, gradually increasing the number of notes/chords that the user is required to play until the user is required to correctly play every note/chord of a piece. Id. at [0173]-[0174]; Ex. 1006, Zyda Decl. at Finally, Lee discloses that each piece includes a prerecorded expert performance audio track performed on the same 11

14 type of instrument as the user s instrument and that the expert performance audio track may be muted during the portions of the song that are played by the user. Compare Ex. 1001, 849 Patent at 7:15-43 with Ex. 1003, Lee at [0061], [0068], Fig. 4. Claims Anticipated by Lee (Ex. 1003) 1. A media system for progressive instruction in the playing of a guitar, the system comprising: Lee discloses a system and method of providing instruction for playing a guitar in a stepwise and progressive manner. Based on the user s performances, the system can, from session to session, gradually increase the number of notes/chords that the user is required to play until the user is required to play every note/chord of a piece. The term music instruction system, as used herein, is intended to be broadly interpreted to include a device or a system capable of providing instruction for playing a instrument. Ex. 1003, Lee at [0028]; see generally id. at [0028]-[0029], Figs. 1, 2. Music instruction system 115 allows beginners, as well as more advanced users, to hear an expert rendition of a piece being played in synchrony with the user's performance, even if the user does not perform all of the events. For example, when the difficulty level of a piece is set to a low level, the user may be required to play only one out of every N events, where N>1. If that single event is played correctly, the user may experience the other N-1 notes being played perfectly, by hearing the expert performance. In another example, when the difficulty level is set to a high level (e.g., an expert level), the user may be required to correctly play each of N events. According to such an instructional approach, music instruction system 115 may allow the user to be introduced to his/her instrument in a stepwise and progressive manner, which may begin with the user playing some events of a piece and guiding the user to ultimately play all of the events of the piece. In this way, an expert proficiency level is not immediately required, and the user may gradually become familiar with his/her instrument, the piece, and improve their ability. In such an approach, music instruction system 115 may provide a highly enjoyable learning experience for the user. As the user progresses and gains skill from session to session, the value of N may be gradually reduced to 1. Id. at [0173]-[0174]; also 12

15 id. at [0161]-[0162], [0104]-[0106], [0177], [0183], Fig. 18. [M]usic instruction system 115 may mute the expert performance audio track and provide only the user's performance. Id. at [0166]; generally [0068]-[0069], [0166], [0170]. [1(a)] a nontransitory processorreadable memory medium having software residing Lee discloses that software instructions are read from memory/storage 210, and executed by processing system 205 in order to, for example, provide user interfaces instructing the user to play an instrument, detect fundamental frequencies of the user s instrument signal, and score and provide feedback to the user. Memory/storage 210 may include a memory and/or a secondary storage.... Memory/storage 210 may store data, applications 215, and/or instructions related to the operation of music instruction 13

16 thereon, the software executable by a processor to direct the performance of [1(b)] generating audio signals corresponding to prerecorded sounds from one or more instruments associated with a predetermined performance, the one or more instruments comprising a guitar, system 115. Applications 215 may include software that provides various services, functions, user interfaces, or the like. According to an exemplary implementation, applications 215 may include a music instruction application that provides one or more of the processes related to instructing a user to play a instrument. For example, theses processes may include providing user interfaces, detecting fundamental frequencies, scoring, providing feedback to the user, and/or other functions associated with music instruction system 115, as described herein. Applications 215 may be stored in memory/storage 210. Id. at [0044]-[0046]. As described herein, according to an exemplary embodiment, music instrument system 115 may perform one or more processes in response to processing system 205 executing software instructions contained in a computer-readable medium, such as memory/storage 210. The software instructions may be read from memory/storage 210 or received from another device via communication interface 220. The software instructions may cause processing system 205 to perform processes described herein. Id. at [0050]; see also id. at [0033], [0042], [0051], Fig. 2. Processing system 205 of Lee executes software instructions (e.g., piece data manager 315) manages piece data and plays audio data including accompaniment and expert performance audio tracks (i.e., prerecorded sounds from a guitar). In one embodiment, feedback manager 325 may mute the expert performance audio track and plays the user s performance. The term data, as used herein, is intended to be broadly interpreted to include data used by the music instruction system. By way of example, but not limited thereto, data may include audio data (e.g., accompaniment audio tracks, expert performance audio tracks, audio performance cue data, audio feedback data, audio waveform data, etc.), Id. at [0032]; see also id. at [0034], [0074]- [0078], [0199], Fig. 4. Musical piece data manager 315 may play various auditory piece data (e.g., accompaniment audio tracks, expert performance audio tracks) associated with a piece. For example, an accompaniment audio track may include a recording of an accompaniment performance of a piece and an expert performance audio track may include a recording of an expert 14

17 [1(c)] the predetermined performance comprising a plurality of segments each further comprising one or more guitar notes or chords; performance of a piece performed on the same type of instrument as the user's instrument. According to an exemplary embodiment, as described further below, feedback manager 325 may govern the playing of expert performance audio tracks by piece data manager 315 during a session. For example, music instruction system 115 may use the playing of the expert performance audio tracks as a feedback mechanism to the user when the user correctly performs the piece. Examples of piece data are described further below in this description. Id. at [0061]; also id. at [0046], [0050]-[0051]. According to yet another exemplary implementation, when the user correctly performs the event(s), feedback manager 325 may mute the auditory piece data (e.g., the expert performance audio track) and play the user's performance. Id. at [0068]; see generally id. at [0068]-[0069], [0162], [0166], [0170]. User 105 may be a person that performs with instrument 110. In this example, instrument 110 may correspond to a string instrument, such as a guitar. Id. at [0038]; also id. at [0029], [0085], [0094], Fig. 1, 5, 16. Lee discloses that a piece includes events (i.e., segments), each of which includes a guitar note or chord. The term piece, as used herein, is intended to be broadly interpreted to include an assembly of events. By way of example, but not limited thereto, a piece may correspond to a song (an instrumental with or without lyrics), a composition (e.g., a sonata, a concerto, etc.), a vocal piece, a fingering exercise, a scale, a beat or a rhythm, chord fingerings, a harmonic progression, or the like. The term event, as used herein, is intended to be broadly interpreted to include a sound producing event. By way of example, but not limited thereto, a event may correspond to a note, a vocal utterance (e.g., speech, etc.), or a percussive sound. Id. at [0030]-[0031]; see also id. at [0058] ( performance cues may include fingering positions for events (e.g., chords, melody notes, etc.) in correspondence to the user s instrument ); generally id. at [0056]-[0058], [0060], [0087]. See [0173]-[0174] (reproduced above for the preamble of Claim 1); see also id. at [0080] [0094], [0104]-[0106], Figs. 5, 6, 11. [1(d)] for a A user may select a piece to play for a particular session (i.e., 15

18 particular iteration of the performance, defining one or more of the plurality of segments as one or more user segments each having one or more associated display images comprising graphical representations of which one or more guitar strings to be engaged, and on which frets, to play the one or more notes or chords corresponding to the user segment; iteration). The system defines the number of notes that the user will be instructed to play for the session based on a difficulty level, which may be set by the user or the system. Namely, each event (e.g., note/chord) of a piece is stored as data and includes an indication of the respective difficulty level(s) that require the user to play the event. When the difficulty level is set to a low level, for example, the user is not required to play all of the events. [A] user may perform a piece during a session. Music instruction system 115 may provide user interfaces to allow the user to select, among other things, the piece, a session difficulty level (e.g., beginner, novice, skilled, advanced, prodigy, or the like), the type of performance cues (e.g., a tablature, a standard music notation, etc.), and the instrument. When the user is ready to perform, music instruction system 115 may provide performance cues and music accompaniment. Music instruction session 115 may provide performance results to the user when the session is completed. Id. at [0195]; also id. at [0208] ( Music instruction system 115 may determine whether the session is complete (e.g., whether the piece has ended). ); also id. at [0026], Figs. 25A, 25B. In this example, the data may include a guitar track 1105 having time-code markers 1110 (e.g., in seconds) and a guitar string section through (referred to generally as guitar string section 1115 or guitar string sections 1115) that corresponds to six string lanes. According to an exemplary implementation, each guitar string section 1115 may include a region of time 1120 that provides a performance cue to the user. For example, within guitar string section region of time 1120 includes a value that may be aligned to a ruler marker The value may indicate to a user to perform string 2 at the 5th fret according to difficulty levels 2, 3, and 4 (e.g., representing medium, hard, and hardest, respectively). Music instruction system 115 may use this synchronized performance cue data to generate a user interface to indicate what and how events are to be performed by a user. Performance cue data may differ depending not only on the type of instrument, but also the level of difficulty of the session. For example, the performance cues may be tailored to various user levels (e.g., beginner, easy, novice, skilled, difficult, advanced, prodigy, or the like). Id. at [0105]-[0106]; see also id. at Fig. 11. [W]hen the difficulty level of a piece is set to a low level, 16

19 the user may be required to play only one out of every N events, where N>1. If that single event is played correctly, the user may experience the other N-1 notes being played perfectly, by hearing the expert performance. In another example, when the difficulty level is set to a high level (e.g., an expert level), the user may be required to correctly play each of N events. Id. at [0173]; see also id. at [0161], [0174], [0185], [0046], [0050]-[0051]. The events that the user is required to play (i.e., user segments) have associated performance cues (i.e., display images), such as symbols 720 or event circles 620, which illustrate the string and fret on which the event is to be performed. Id. at [0058]; also id. at [0056]-[0057]. As illustrated in FIG. 4, when the instrument corresponds to a guitar, performance cue data 415 may indicate a time, a string, and a position with which the user may play a event (e.g., a note, chords, etc.). Id. at [0080]. FIG. 6 is a diagram illustrating exemplary performance cues associated with performance cue manager 310 when the instrument corresponds to a guitar. As illustrated, the strings of the guitar may be represented by six time lines 605, which may be labeled with string numbers 610 (e.g., 1-6) and corresponding event values 615 (E, A, D, G, B, E). Musical event circles 620 may represent performance cues for the user. According to an exemplary implementation, the numbers inside the event circles 620 may correspond to the appropriate fret on which a string is to be depressed. Musical event circles 620 may be placed on the appropriate string on which the appropriate event may be played. Additionally, according to an exemplary implementation, the vertical position of event circles 620 may indicate a time remaining before the event should be played. Musical event circles 620 may be synchronized with a time-code associated with data (e.g., accompaniment audio tracks, expert performance audio tracks, etc.). Id. at [0094]. FIG. 7A is a diagram illustrating other exemplary performance cues associated with performance cue manager 310 when the instrument corresponds to a guitar. In this example, a guitar neck 705 may be displayed with strings represented by horizontal lines 710 and frets represented by vertical lines 715. According to an exemplary implementation, finger positions may be shown with 17

20 animated concentric circles and symbols Performance cues may be displayed in a position corresponding to the appropriate string and fret that the event is to be performed. Id. at [0096]; see generally id. at [0078]-[0088], [0090]-[0091], [0093]-[0099], Figs. 5, 7A-B. [1(e)] sequentially generating the display images in association with the user segments of the performance; Performance cue manager 310 sequentially generates visual performance cues (e.g., symbols 720, event circles 620) for each event that the user is required to perform (i.e., user segments). For example, symbols 720 sequentially appear on a guitar neck. Also, event circles 620 are displayed on scrolling guitar tablature and move in sequence from the top to the bottom of the user interface. See id. at [0046], [0050]-[0051], [0056]-[0058]. Additionally, to the right of fingerings 540 may include performance cues 545. In this example, performance cues 545 correspond to a scrolling guitar tablature. The scrolling guitar tablature may include event indicators (illustrated as circles in FIG. 5). According to other implementations, the event indicators may have a shape different than a circle (e.g., square, etc.). The event indicators may be synchronized with data (e.g., expert performance audio tracks 405, etc.) and may indicate characteristics of a event (e.g., effects, gesture, duration, etc.). Id. at [0088]. As time progresses, the user interface may scroll time lines 605 and event circles 620. For example, the scrolling may be from a 18

21 [1(f)] during each user segment of the performance, prompting the user to play the corresponding one or more notes or chords; and [1(g)] in association with subsequent iterations of the performance, defining one or more of the associated segments as one or more user segments based on criteria comprising a top of the user interface toward a bottom of the user interface. According to other implementations, time may not be displayed or represented with depth. For example, the scrolling may be displayed or represented in a two-dimensional manner. The user may attempt to perform event circles 620 at a cue line 625. Lines 630 may indicate the beats, measures, tempo, and/or timing associated with the piece. Id. at [0095]; also [0094], Fig. 6. See also id. at [0096]-[0097] and Fig. 7A (performance cue symbols 720 appear on the guitar neck 705 and transform over time according to a tempo of the piece and as the current performance cue time approaches ); see generally id. at [0085]-[0088], [0091], [0093]-[0099], Figs. 4-7B. Performance cues are displayed and prompt a user to play each required event (i.e., user segment). As shown in Fig. 6, event circle 620 moves from the top of the user interface to the bottom. When a event circle 620 reaches the cue line 625, the user is prompted to perform the associated note or chord. See, e.g., id. at [0094]-[0095], Fig. 6. As shown in Figures 7A and 7B, the appearance of the symbol 720 changes as the cue time approaches in order to prompt the user to play the associated note/chord. See e.g., id. at Figs. [0096]-[0097], Figs. 7A-B. See generally id. at [0046], [0050], [0051], [0034], [0058], [0087]-[0088], [0091], [0099], [0105], Figs. 5, 11. See generally Lee as applied to element (d) of Claim 1. The system receives user performance data, which can be signals electronically received from a user s guitar, and a performance evaluation manager 320 compares the user s performance of a piece with expected events. Musical instrument 110 may be connected to music instruction system 115 to provide music instruction system 115, among other things, its audio output. By way of example, but not limited thereto, instrument 110 may be connected to music instruction system 115 via a cable, a microphone, or a pickup, depending on the type of instrument 110. In this example, instrument 110 (i.e., the guitar) may be connected to an input of music instruction system 115 via a cable (not illustrated). Id. at [0039]. Performance evaluation manager 320 may evaluate the user's performance of events associated with a piece. For example, performance evaluation manager 320 may compare 19

22 proficiency level of the user, wherein the proficiency level of the user is determinable by the system in accordance with signals received electrically from a guitar played by the user in relation to the display images generated during the one or more user segments associated with a previous iteration of the performance. performance data associated with a user's performance of the piece with data of music instruction system 115. According to an exemplary implementation, performance evaluation manager 320 may use one or multiple fundamental frequency detection algorithms to evaluate events played by the user. According to an exemplary implementation, performance evaluation manager 320 may evaluate other characteristics of events performed by the user, such as, for example, amplitude, rhythm, etc. Id. at [0062]; also [0032] and Fig. 4 ( data includes visual performance cue data). Depending on the instrument, music instruction system 115 may receive user performance data in various ways. For example, in the case of instruments with MIDI functionality, music instruction system 115 may accept direct input (e.g., via a cable or wireless).... [I]n the case of other instruments, music instruction system 115 may detect a fundamental frequency associated with a particular event according to one or more fundamental frequency detection algorithms. For example, music instruction system 115 may use fundamental frequency detection when the instrument is an acoustic instrument, an electric instrument (e.g., with pickups), or the user performs with or via a microphone. The fundamental frequency detection algorithm may include pitch analysis, fundamental frequency estimation, and chord recognition. According to other exemplary implementations, other methods may be used for input analysis (e.g., template matching, machine learning, non-negative matrix factorization, etc.). Id. at [0108]; see also id. at [0035], [0109]-[0136], [0200], Figs. 12A-C, 13. According to an exemplary embodiment, performance evaluation manager 320 may evaluate the extent with which a event is played correctly. For example, with reference to frequency, a threshold value may indicate a difference frequency within which the event should be performed by the user.... Id. at [0063]. Music instruction system 115 may compare evaluated events performed by the user to expected events performed by the expert. Based on the comparison, music instruction system 115 may calculate various scores, statistics, feedback, etc. Id. at [0137]; see also id. at [0136]-[0160], Fig. 15. The comparison of the user s performance to expected events 20

23 is based, in part, on whether the user plays the correct note/chord early or late in relation to the visual performance cued time. See, e.g., id. at [0139], [0151]-[0154], [0158], [0183], Figs. 13, 15. Based on the comparison of the user s performance to expected events, feedback manager 325 provides feedback (e.g., overall score, statistics, user level) to the user upon completion of the piece. See id. at Fig. 18. Lee discloses that the feedback related to completion of a piece (i.e., previous iteration), specifically the user level, may assist the user in selecting a difficulty level in subsequent sessions (i.e., iterations). As such, the system defines the difficulty level of the subsequent session (e.g., number of notes that the user will play) based on the user level. See Section III.B.3(d). Feedback manager 325 may provide feedback to a user regarding the user's performance. Feedback manager 325 may provide the feedback to the user during the session (e.g., in an interactive manner) or at the end of the session (e.g., final score results, etc.). Feedback manager 325 may display various types of visual feedback. For example, feedback manager 325 may display various types of scores (e.g., an overall score, an accuracy score, a bonus score, etc.), error tendencies, number of events played without mistakes, number of consecutive events played without mistakes, number of mistakes, etc., and/or other types of visual feedback to the user (e.g., a virtual mentor/instructor/coach providing facial feedback, audience videos, visual effects, etc.). Feedback manager 325 may also display a session difficulty level and/or a user level (e.g., beginner, easy, novice, skilled, difficult, advanced, prodigy, or the like). Id. at [0064]-[0065]. User level 1830 may indicate a level of the user based on the scores and statistics associated with the user's performance. For example, user level 1830 may include a range of levels, such as, novice, skilled, advanced, and prodigy. User level 1830 may assist the user in selecting a difficulty level for a subsequent session. As previously described, the user may select a particular difficulty level for any given session. Id. at [0183]; also id. at [0160], [0177]-[0179], [0181]- [0185], [0210], Fig. 18. Lee also discloses that the difficulty level throughout the session can either be static or dynamic. See, e.g., id. at [0106], [0161], [0196]-[0208]. The stepwise and progressive music instruction system can adjust from session to session (i.e., subsequent iterations) to gradually 21

24 2. The media system of claim 1, said software executable by the processor to cause the display images with corresponding notes or chords to sequentially enter a predetermined region of a display screen, wherein the user is prompted to play the notes or chords when they are in the predetermined region, and the proficiency of the user is increase the number of events that the user is required to play (i.e., user segments) until the user is required to correctly play each event of a piece. Ex. 1006, Zyda Decl. at [W]hen the difficulty level of a piece is set to a low level, the user may be required to play only one out of every N events, where N>1. If that single event is played correctly, the user may experience the other N-1 notes being played perfectly, by hearing the expert performance. In another example, when the difficulty level is set to a high level (e.g., an expert level), the user may be required to correctly play each of N events. According to such an instructional approach, music instruction system 115 may allow the user to be introduced to his/her instrument in a stepwise and progressive manner, which may begin with the user playing some events of a piece and guiding the user to ultimately play all of the events of the piece. In this way, an expert proficiency level is not immediately required, and the user may gradually become familiar with his/her instrument, the piece, and improve their ability. In such an approach, music instruction system 115 may provide a highly enjoyable learning experience for the user. As the user progresses and gains skill from session to session, the value of N may be gradually reduced to 1. Ex. 1003, Lee at [0173]- [0174]. Lee as applied to Claim 1. Performance cue manager 310 causes the display of performance cues (e.g., event circle 620, symbols 720), which are images associated with events that a user is required to play. The performance cues are displayed in the order that the user is required to perform the associated notes/chords. As shown in Fig. 6, event circle 620 moves from the top of the user interface to the cue line 625 (i.e., predetermined region) at the bottom, where the user is prompted to perform the associated note/chord. See id. at [0094]-[0095], [0056], [0088], Figs. 5, 6, Additionally, symbols 720 sequentially appear on a guitar neck (i.e., predetermined region). The appearance of the symbol 720 changes as the cue time approaches in order to prompt the user to play the associated note or chord. See id. at [0096]-[0097], Figs. 5, 7A-B; generally id. at [0046], [0050]-[0051], [0056], [0085]- [0088]. 22

25 determinable from signals received electronically from the guitar played by the user in relation to the display images in the predetermined region. 3. The media system of claim 2, the predetermined region comprising a graphical representation of a fret board, wherein as a display image enters the predetermined region said software is executable by the processor to highlight strings on the graphical representation of a fret board associated with a chord to be played by the user. 5. The media system of claim The system provides feedback (e.g., overall score, statistics, user level) based on the comparison of user s performance to expected events. See Lee as applied to element (g) of claim 1. The comparison of the user s performance (i.e., signals received electronically from the user s guitar) to expected events is based, in part, on whether the user plays the correct note/chord early or late in relation to the visual performance cued time. See, e.g., id. at [0139], [0151]-[0154], [0158], [0183], Figs. 13, 15. Lee as applied to Claim 2. Lee discloses scrolling guitar tablature (i.e., graphical representation of a fret board), which includes event circles 620 that move from the top of the user interface to the cue line 625 (i.e., predetermined region) at the bottom. Each event circle 620 is placed on a string and includes a number of the appropriate fret on which the string is to be depressed. As shown in Fig. 6, the appearance of each event circle 620 may change once it reaches the cue line 625 to highlight the appropriate strings associated with a chord and prompt the user to play the chord. See id. at Figs. 5, 6; also id. at [0086], [0094]-[0095]. Lee also discloses that symbols sequentially appear on a guitar neck (i.e., graphical representation of a fret board), such as the fingering and time guide 565 (i.e., predetermined region) displayed at the bottom of the user interface, as shown in Fig. 5. As seen in Figs. 7A-B, symbols 720 appear ahead of performance time and are displayed in a position corresponding to the appropriate strings and frets associated with a chord. The appearance of the symbol 720 changes as the cue time approaches and an icon, such as a star 745 may appear to highlight the appropriate strings associated with a chord and prompt the user to play the chord. See id. at Figs. 5, 7A-B; also id. at [0058], [0091], [0096]- [0098]. A hand 760 may also illustrate fingerings for depressing the appropriate strings at the corresponding frets in order to play a chord. Id. at Fig. 7B, [0099]. Finally, the user interface may also include a video image 560 and through image manipulation, video image 560 of a fretboard may be made to appear to have embedded glowing LED(s) at the correct finger position(s) for the note or chord. Id. at Fig. 5, [0090]. Such glowing LED s indicating the correct finger positions highlight the appropriate strings associated with a chord to be played by the user. The user can select a piece from a plurality of pieces 23

26 1, the predetermined performance selectable by the user from among a plurality of performances associated with the memory medium. stored in memory. Musical piece data manager 315 may manage piece data. For example, piece data may include visual piece data and auditory piece data. For example, piece data manager 315 may display a variety of visual piece data, such as, for example, a title, a name of an artist, a name of a composer, an original publication date, and/or a genre (e.g., country, rock, blues, etc.) associated with the piece. Id. at [0060]; see also id. at [0032], [0042], [0044]-[0045], [0050]-[0051]. Music instruction system 115 may provide user interfaces to allow the user to select, among other things, the piece Id. at [0195]; see also id. at Abstract, [0030], [0197]. See id. at [0179]; see also id. at Fig A media system for progressive instruction in the playing of a guitar, the media system comprising: [9(a)] display device; a [9(b)] a processor operatively coupled to the display device; and Lee as applied to the preamble of Claim 1. The music instruction system 115 of Lee includes a computer system that has a display 120, such as a computer monitor or a television. [M]usic instruction system 115 may correspond to a computer system. For example, as illustrated in FIG. 1, the computer system may include a display 120, a computer 125,.... Id. at [0038]. Display 120 may include a device capable of providing visual output. For example, display 120 may correspond to a computer monitor or a television. Id. at [0040]; see also id. at [0042], [0049], Figs. 1, 16. The processing system 205 of Lee, which is coupled to the display, controls the operation of the music instruction system 115. See id. at [0038]. As illustrated [in FIG. 2], according to an exemplary implementation of music instruction system 115, music instruction system 115 may include a processing system 205, memory/storage 210 including applications 215, a communication interface 220, an input 225, and an output 230. Id. at [0042]; also id. at Figs. 1, 2, [0033], [0043], [0050]. [9(c)] a non-transitory processor-readable memory medium having program modules embodied thereon, said program modules executable by the processor and further comprising [9(d)] a data storage module effective to store one or more performances, each performance further See Lee as applied to element (a) of Claim 1. Lee discloses that pieces are stored in memory (i.e., data storage module). See Lee as applied to Claim 5. 24

27 comprising a plurality of segments each having one or more corresponding guitar notes or chords, [9(e)] the segments further comprising one or more user segments each having one or more associated display images for prompting a user to play the one or more corresponding notes or chords; [9(f)] an audio control module effective to generate prerecorded sounds corresponding to one or more instruments associated with a selected performance, said instruments at least comprising a guitar; [9(g)] a display control module effective to generate upon the display device a first graphical representation of a guitar fret board and during user segments of the selected performance to populate the first graphical representation with the display images associated with the user segments, each Lee also discloses that each piece includes a plurality of events (i.e., segments), each of which corresponds to a guitar note or chord. See Lee as applied to element (c) of Claim 1. Based on the difficulty level of a session, segments can be designated as events (e.g., notes/chords) that the user is required to play (i.e., user segments). Id. at [0105]-[0106], [0173]- [0174] (see Lee as applied to element (d) of Claim 1). Each event that the user is required to play has an associated performance cue (i.e., display image), such as symbols 720 or event circles 620, which illustrates the string and fret on which the event is to be performed and prompt the user to play the corresponding note/chord. See id. at [0058], [0080], [0091], [0094], [0096], Fig. 6; see generally id. at [0056]-[0057], [0078]-[0088], [0090], [0093]-[0099], Figs. 5, 7A-B. Lee discloses a data piece manager 315 and feedback manager 325 (i.e., audio control modules). Musical piece data manager 315 manages piece data and plays audio data including accompaniment and expert performance audio tracks (i.e., prerecorded sounds from a guitar). The feedback manager 325 mutes the expert performance audio track and plays the user's performance. See Lee as applied to element (b) of Claim 1 for relevant citations. Performance cue manager 310 (i.e., display control module) displays moving guitar tablature and a guitar neck. Id. at Fig. 5, [0056], [0058]. Each event that the user is to play (i.e., user segment) has an associated visual performance cue. With respect to the scrolling guitar tablature, event circle 620 (i.e., instruction tool) is placed on a string and includes a number of the appropriate fret on which the string is to be depressed. As shown in Fig. 6, the appearance of the event circle 620 may change once it reaches the cue line 625 to highlight the appropriate strings associated with a note/chord and prompt the user to play the note/chord. See id. at Figs. 5, 6; also [0086], [0094]-[0095]. With respect to the guitar neck or fingering and time guide 565 displayed at the bottom of the user interface, as shown in Figure 5, symbols 720 (i.e., instruction tools) appear ahead of performance time and are displayed in a position corresponding 25

28 display image comprising one or more instruction tools associated with playing one or more guitar notes or chords in accordance with the performance; [9(h)] a proficiency sensing module effective to receive signals from a guitar electrically coupled to the system, compare the received signals to expected signals associated with corresponding user segments of the performance, and determine a proficiency level of the user based on the comparison; and [9(i)] a mode control module effective to define one or more of the plurality of segments in the selected performance as user segments based upon one or more criteria including the to the appropriate strings and frets associated with a note/chord. The appearance of the symbol 720 changes as the cue time approaches and an icon, such as a star 745 may appear to highlight the appropriate strings associated with a note/chord and prompt the user to play the note/chord. See id. at Figs. 5, 7A-B; also id. at [0058], [0091], [0096]-[0098]. A hand 760 (i.e., instruction tool) may also illustrate fingerings for depressing the appropriate strings at the corresponding frets in order to play a note/chord. Id. at Fig. 7B, [0099]. The system receives user performance data, which can be signals electronically received from a user s guitar, and a performance evaluation manager 320 compares the user s performance of a piece with expected events. See id. at [0039], [0062], [0108], [0063], [0137] (see Lee as applied to element (g) of Claim 1); see also id. at [0032], 0035], [0109]-[0160], [0200], Figs. 4, 12A-C, 13, 15. Based on the comparison of the user s performance to expected events, feedback manager 325 provides feedback (e.g., score, statistics, user level) to the user both during the user s performance and upon completion of the piece. See id. at [0064]-[0065], [0183] (see Lee as applied to element (g) of Claim 1); see also id. at [0177]-[0178], [0184]- [0185], Fig. 18. See generally Lee as applied to element (d) of Claim 1. The system of Lee can dynamically adjust the difficulty level of a session and/or successive sessions based on one or more criteria including when the user s performance is evaluated to be positive and/or when the user s score or other performance related statistics exceeds a threshold value (also called a performance-based threshold value ). For example, if the user plays a defined number of consecutive events correctly, the system automatically increases the difficulty level from skilled to difficult and increases the number notes/chords of the remaining song that the user will be instructed to play. Dynamically adjusting the difficulty level of a session in this way constitutes defining [] user segments based on the determined proficiency level of the user and a performance iteration. FIG. 16 is a diagram illustrating an exemplary process in which music instruction system 115 may provide feedback to a user based on the user's performance. As illustrated, assume that user 105 is performing a piece on instrument 110 (e.g., a guitar). Music instruction system 115 (e.g., performance evaluation manager 26

29 determined proficiency level of the user and a performance iteration, wherein in successive iterations the mode control module determines whether the proficiency level of the user warrants increasing the number user segments. of 320) may evaluate and compare 1605 user-performed events to expected events. Music instruction system 115 may then determine the extent of correctness or incorrectness 1610 of the userperformed events. In this example, it may be assumed that user's 105 performance exceeded a threshold score value, and music instruction system 115 automatically increases the difficulty level of the session 1615 from, for example, skilled to difficult. Music instruction system 115 also changes visual performance cues from a skilled level to a difficult level. Id. at [0162]; also id. at [0161], [0195]. [M]usic instruction system 115 may automatically increase the difficulty level of the piece, during the user's performance, when the performance has satisfied a performance-based threshold value and the user has been awarded positive feedback. For example, the performance-based threshold value may relate to time (e.g., playing the piece correctly for a certain period of time), number of events played correctly, number of consecutive events played correctly, or the like. Id. at [0206]; see also id. at [0205], [0207]-[0208], Figs. 16, 25. Lee also discloses that the difficulty level may be dynamically adjusted in successive sessions (i.e., in successive sessions [] determin[ing] whether the proficiency level of the user warrants increasing the number of user segments). Id. at [0175]-[0177], [0185]-[0186], [0189]-[0190], [0210]. Alternatively, Lee discloses that at the end of a session (e.g., when the piece is complete), the feedback manager 325 provides feedback to the user (e.g., overall score, statistics, user level) based on the comparison of the user s performance to expected events. Such feedback constitutes a determination as to whether the users current skill level warrants increasing the session s difficulty level in successive iterations, thereby increasing the number of notes/chords that the user will be required to play. Lee discloses that the feedback related to completion of a piece, specifically the user level, may assist the user in selecting a difficulty level in successive sessions. See id. at [0063]-[0065], [0183] (see Lee as applied to element (g) of Claim 1); also id. at [0160], [0177]-[0179], [0181]-[0185], [0210], Fig. 18. Finally, Lee discloses a stepwise and progressive music instruction system that, based on the user s performances, can from session to session (i.e., successive iterations) gradually increase the number of events that the user is required to play (i.e., user segments) until the user is required to correctly play each event of a 27

30 10. The media system of claim 9, the display control module effective to generate upon the display device a first portion of the display screen comprising the first graphical representation of a guitar fret board, and to populate a second portion of the display screen with one or more dynamic graphical representations of one or more instruction tools associated with one or more guitar notes or chords for one or more user segments to be subsequently played by the user during one or more subsequent portions of the performance. piece. Ex. 1006, Zyda Decl. at 25-29; Ex. 1003, Lee at [0173]-[0174]; see also id. at [0161]. Lee as applied to Claim 9. Performance cue manager 310 (i.e., display control module) displays scrolling guitar tablature with a cue line 625. Musical event circles 620 scroll from the top of the user interface (i.e., second portion) to the cue line 625 (i.e., first portion) toward the bottom. When the event circle 620 reaches the cue line 625, the user is instructed to play the corresponding note or chord. The vertical position of event circles 620 that are above the cue line indicates the time remaining before the event should be played. Each event circle 620 is a dynamic graphical representation of instruction tools associated with a note/chord to be subsequently played by the user when the event circle reaches the cue line 625. See id. at Figs. 5, 6; also id. at [0056], [0086], [0094]-[0095]. 11. The media system of claim 10, the display control module effective to populate the second portion of the display screen with one or more dynamic graphical representations of a guitar fret board appearing sequentially and corresponding to the performance, each dynamic graphical representation of a guitar fret board comprising the one or more instruction tools associated with one or more notes or chords to be played by the user and corresponding to a respective user segment of the performance, each dynamic graphical representation of a guitar fret board sequentially passing from the second portion to the first portion of the display screen in accordance Lee also discloses that symbols sequentially appear on a guitar neck, such as the fingering and time guide 565 (i.e., first portion) displayed at the bottom of the user interface, as shown in Figure 5. As seen in Figs. 7A-B, symbols 720 appear ahead of performance time and are displayed in a position corresponding to the appropriate strings and frets associated with a chord. See id. at Figs. 5, 7A-B; also id. at [0058], [0091], [0096]-[0098]. A hand 760 may also illustrate fingerings for depressing the appropriate strings at the corresponding frets of a chord. Id. at Fig. 7B, [0099]. See Lee as applied to Claim 10. Each event circle 620 is a dynamic graphical representation of a fret board associated with a note/chord to be subsequently played by the user when the event circle reaches the cue line 625. Specifically, each event circle 620 is placed on a string and includes a number of the appropriate fret on which the string is to be depressed. See id. at Figs. 5, 6; also id. at [0056], 28

31 with playing of the performance. [0086], [0094]-[0095]. 12. The media system of claim 11, the See Lee as applied to Claim 11. Further, the display control module effective as each appearance of the event circle 620 dynamic graphical representation of a may change once it reaches the cue line 625 guitar fret board enters the first portion of (i.e., first portion) to highlight the the display screen to highlight strings on appropriate strings associated with a chord the first graphical representation of the and prompt the user to play the chord. Id. guitar fret board associated with a at Figs. 5, 6; also id. at [0086], [0094]-[0095]. respective chord to be played by the user. 14. The media system of claim 9, wherein the selected performance is selectable by the user from among a plurality of performances associated with the data storage module. 16. The media system of claim 9, wherein the proficiency level of the user is userselectable. 17. A method of progressive instruction in the playing of a guitar by a media system storing one or more predetermined performances each further comprising a plurality of segments having associated guitar notes or chords, the method comprising the steps of: Lee as applied to Claim 9. Further, Lee discloses that the can user select a piece from a plurality of pieces stored in memory. See Lee as applied to Claim 5. At the end of a session (e.g., when the piece is complete), the feedback manager 325 provides feedback to the user (e.g., overall score, statistics, user level) based on the comparison of the user s performance to expected events. Lee discloses that the feedback related to completion of a piece, specifically the user level, may assist the user in selecting a difficulty level of subsequent sessions. See id. at [0063]- [0065], [0183], (see Lee as applied to element (g) of Claim 1), [0195]; also id. at [0160], [0177]-[0179], [0181]-[0185], [0197], Fig. 18. Lee discloses a system and method of providing instruction for playing a guitar in a stepwise and progressive manner. Based on the user s performances, the system can from session to session gradually increase the number of notes/chords that the user is required to play until the user is required to play every note/chord of a piece. See Lee as applied to the preamble of Claim 1. Lee discloses that the can user select a piece from a plurality of pieces stored in memory. See Lee as applied to Claim 5. Lee also discloses that each piece includes a plurality of events (i.e., segments), each of which corresponds to a guitar note or chord. See Lee as applied to element (d) of Claim 9. [17(a)] defining one or more of said segments as one or more user segments for a first iteration of a selected performance from the one or more predetermined performances stored in the media system, See Lee as applied to element (d) of Claim 1. 29

32 said one or more user segments each having one or more associated display images for prompting a user to play the corresponding notes or chords; [17(b)] generating audio signals effective to simulate sounds for one or more instruments associated with the selected performance; [17(c)] for each of said one or more defined user segments, generating the one or more display images to graphically demonstrate a preferred user operation of a guitar corresponding to the selected performance; [17(d)] identifying a proficiency level of the user based on input signals received from a guitar electrically coupled to the media system in relation to the display images generated during the one or more defined user segments; [17(e)] determining a number of user segments for a successive iteration of the selected performance based on criteria comprising the proficiency level of the user, wherein the determining step in accordance with a first See Lee as applied to element (b) of Claim 1. See Lee as applied to element (e) and (f) of Claim 1. The system of Lee receives user performance data, which can be signals electronically received from a user s guitar, and a performance evaluation manager 320 compares the user s performance of a piece with expected events. See id. at [0039], [0062], [0108], [0063], [0137] (see Lee as applied to element (g) of Claim 1); also id. at [0032], [0035], [0109]-[0160], [0200], Figs. 4, 12A-C, 13, 15. The comparison of the user s performance to expected events is based, in part, on whether the user plays the correct note/chord early or late in relation to the visual performance cued time. See, e.g., id. at [0139], [0151]-[0154], [0158], [0183], Figs. 13, 15. Based on the comparison of user s performance to expected events, feedback manager 325 provides feedback (e.g., score, statistics, user level) to the user both during the user s performance and upon completion of the piece. See id. at [0064]-[0065], [0183] (see Lee as applied to element (g) of Claim 1); see also id. at [0177]-[0178], [0184]-[0185], Fig. 18. See generally Lee as applied to element (d) of Claim 1. Lee discloses providing feedback (e.g., overall score, statistics, user level) to the user upon completion of a piece that is based on the comparison of the user s performance to expected events. See id. at Fig. 18. Lee discloses that such feedback, specifically a user level, may assist the user in selecting a difficulty level in subsequent sessions (i.e., iterations). As such, the system determines and recommends the difficulty level (e.g., number of notes that the user will play) for a successive session in the form of, for example, a determined user level. See id. at [0063]-[0065], [0183] (see Lee as applied to element (g) of Claim 1); also id. at [0160], [0177]-[0179], [0181]-[0185], [0210], Fig. 18. The difficulty level throughout the session can either be static or 30

33 proficiency level comprises maintaining the number of user segments in a successive iteration of the selected performance, further wherein the determining step in accordance with a second proficiency level comprises adding one or more segments of the selected performance to the one or more user segments in a successive iteration of the selected performance; and [17(f)] repeating steps (b) to (e) in accordance with said successive iteration of the performance. 18. The method of claim 17, step (d) further comprising identifying the proficiency level dynamic. See, e.g., id. at [0106], [0161], [0196]-[0208]. Lee discloses a stepwise and progressive music instruction system that, based on the user s performances, can from session to session (i.e., subsequent iterations) gradually increase the number of events that the user is required to play (i.e., user segments) until the user is required to correctly play each event of a piece. As such, Lee discloses situations where (whether set by the user or by the system) the difficulty level of a successive session is increased. Id. at [0173]-[0174]. The system is capable of determining that the user s performance of a song was OK as opposed to Excellent or Horrible. Where the system determined that the user s performance of a song was OK and the difficulty level of the session was static, the system would have displayed a user level upon completion of the song that was the same as the difficulty level of the completed session. Ex 1006, Zyda Decl. at Additionally, music instruction system 115 may display positive words in correspondence to the level of positive feedback. By way of example, but not limited thereto, positive words, such as OK, Good, Great, and Excellent, may represent varying levels of positive feedback. Additionally, or alternatively, music instruction system 115 may increment the user's score 1725, the extent of which may depend on the extent of the correctness of the user-performed events. Ex. 1003, Lee at [0165]; generally [0173]-[0174], [0209]-[0210], [0164], [0169], [0185]. Lee discloses that feedback from a completed session, specificially a user level, may assist the user in selecting a difficulty level in subsequent sessions (i.e., iterations). See id. at [0063]-[0065], [0183] (see Lee as applied to element (g) of Claim 1); also id. at [0160], [0177]- [0179], [0181]-[0185], [0210], Fig. 18. The stepwise and progressive music instruction system can, based on the user s performances, from session to session (i.e., successive iterations) gradually increase the number of events that the user is required to play until the user is required to correctly play each event of a piece. Id. at [0173]-[0174]. See also Lee as applied to elements (b) to (e) of Claim 17. See Lee as applied to element (d) of Claim 17. Also, Lee discloses: characteristics, such as, for example, onset time and fundamental frequency, 31

34 of the user by comparing the input signals received from the guitar to expected signals associated with the selected performance and stored in the media system. associated with a performed event (e.g., a detected note) may be compared to corresponding characteristics of an expected event (e.g., an expected note) in order to calculate a score. Id. at [0158]; see generally id. at [0108]-[0159], [0185], Figs. 12A-C, 13, 15. See Lee as applied to elements (e) and (f) of Claim The method of claim 17, wherein in step (c) the generated display images comprise graphical representations of notes or chords corresponding to the user segments of the selected performance and graphical representations of which one or more guitar strings to be engaged, and on which frets, to play said notes or chords. B. Epstein Anticipates Claims 1-3, 5, 9-12, 14, and 20 Under 35 U.S.C. 102(a) and (e) Epstein was filed on November 20, 2009, published June 3, 2010, claims priority to a provisional application (App. No. 61/117,053) filed November 21, 2008, and qualifies as prior art under 35 U.S.C. 102(a) and (e). Ex. 1004, Epstein; see also Ex. 1010, App. No. 61/117,053. Epstein is presently assigned to Ubisoft Entertainment SA. Epstein discloses an interactive game engine for teaching players how to play a guitar. Ex. 1004, Epstein at [0034]. The system displays a representation of notes/chords on a guitar fret board and prompts the user to play the associated note/chord at the appropriate time. Id. at [0039], [0045]-[0046], Figs The system compares the audio input of the user s performance to the expected performance of the song, calculates a score, and provides the user with feedback based on the user s accuracy. Id. at [0036], [0041]. Epstein discloses that a user can select a mini-game, such as Notes in a row and Simon Says, to practice a song. Id. at [0057], [0105], [0107]. The mini-game Notes in a row provides levels that increase in difficulty by, for example, increasing the number of 32

35 notes that must be played without making a mistake. Id. at [0105]. So, when the user plays the first level of the Notes in a row mini-game for a particular song, the user must play a certain number of notes in a row in order to pass the level. If the user passes the first level, the user will be able to play a subsequent level that has more notes than the previous level. Id. Claims Anticipated by Epstein (Ex. 1004) 1. A media system for progressive instruction in the playing of a guitar, the system comprising: [1(a)] a nontransitory processorreadable memory medium having software residing thereon, the software executable by a processor to direct the performance of [1(b)] generating audio signals corresponding to prerecorded sounds from one or more Epstein discloses a system and method of providing an interactive guitar game for users to learn how to play the guitar. What is needed is an effective way to provide interactive method and system for learning and practicing a instrument, which provides both audio and visual feedback, and an integrated learning approach. Ex. 1004, Epstein at [0006]; see also id. at [0034], [0007]. Epstein discloses a computer 100 that includes memory 121 and runs software for players to learn how to play a guitar. An aspect of the invention provides an interactive game engine for learning to play a guitar.... The computer or platform is capable of loading music, such that it can be displayed on a display screen in multiple ways, and allows the user to read the music and play along. The goal of the software or interactive game engine is for players to learn how to play a guitar. Id. at [0034]. FIG. 1 illustrates an embodiment of the various components of the system, with a computer or platform 100 which runs a game engine 120,... The game engine 120 may... be coupled with a computer or other platform having a storage or memory 121. Id. at [0035]; see also id. at [0008], [0037], Fig. 1. As shown in Fig. 2, the song interpreter 202 of the computer 100 provides audio output 204 (i.e., prerecorded sounds) at the same time that the associated notes 210 are displayed, so that the user can hear audio output of the corresponding guitar notes. A song interpreter 202 may produce a game representation of notes 210, to be displayed by the note manager 209 on the graphics display 211. At the same time, the song provides audio output 204. Viewing this graphics display and hearing the audio output, a user or 33

36 instruments associated with a predetermined performance, the one or more instruments comprising a guitar, [1(c)] the predetermined performance comprising a plurality of segments each further comprising one or more guitar notes or chords; [1(d)] for a particular iteration of the performance, defining one or player may play either a note or chord on the guitar 205. Id. at [0036]; also id. at Fig. 2. FIG. 1 illustrates an embodiment of the various components of the system, with a computer or platform 100 which runs a game engine 120, a guitar or instrument 110 providing a guitar or instrument input 130, and video and audio outputs 150. The guitar 110 may be any type of guitar (or other instrument), which the user can play, and may provide an input into the computer or platform 100, identifying which strings and frets are being played by the user or the velocity or timing with which the user plays certain notes or chords. Id. at [0035]; also id. at [0037], [0041], [0043], [0045], Figs. 1, 5, 11, 12. Epstein discloses songs including guitar notes and chords (i.e., segments) that are graphically displayed by the note manager 209. A song may be selected from a song library 201. Id at [0036]. The song may be a compressed archive of the following resources: a description XML file giving information about the song's title, author, and the location of the MusicXML file (or file of any other format).... When the file is read in, it may be converted into both a graphical representation (for display), as well as a MIDI representation (or representation in any other format). The note manager 209 may display the notes graphically, depending on notations that may be specified in the file. The note manager may display the notes to the graphics display 211 in time with the audio output 204 of the song selected from the song library 201. Id. at [0037]. Referring to FIG. 4, one example of a graphical representation is shown. The image presented in FIG. 4 is a snapshot of a moving video image which is shown on a display screen to a user. The moving image is a moving (or scrolling) notation which prompts the user to play certain chords or notes.... As the song plays, the display moves, such that the notation moves and progresses in time with the song. Id. at [0039]; also id. at [0034], [0046], [0055], [0097]. A user can select a mini-game, such as Notes in a row and Simon Says, to practice a song. The mini-game Notes in a row provides levels that increase in difficulty by, for example, increasing the number of notes that must be played without making a mistake. When the user plays the first level (i.e., iteration) for a particular song, the user must play a certain number of notes in a row in order to pass the level. 34

37 more of the plurality of segments as one or more user segments each having one or more associated display images comprising graphical representations of which one or more guitar strings to be engaged, and on which frets, to play the one or more notes or chords corresponding to the user segment; [T]he game engine may assess the user's past performance and provide the user with exercises or games to target the areas that the user needs to work on in step 1303, and the game engine may then appropriately determine or form a selection of mini-games to be played in step As the user selects the mini-game from the options provided by the game engine to play in step 1305 and plays the game in step 1306, the user is practicing various skills or songs or sections of songs and targeting certain weaknesses in order to improve overall performance. Id. at [0057]; see also id. at [0097]. [A] user may play a mini-game, Notes in a row, in which a user tries to play as many scrolling notes as they can until they make a mistake. If a user can play a certain number of notes in a row they will pass or win the mini-game. If they do not, then they may have to play again. Notes in a row may increase in difficulty in the various levels by increasing the tempo of the scrolling notes, increasing the note complexity, or increasing the number of notes that must be played without making a mistake. Id. at [0105]. Similarly, the mini-game Simon Says provides levels that increase in difficulty by, for example, increasing the number of notes that must be played without making a mistake. When the user plays the first level of Simon Says for a particular song, the user must play a certain number of notes in a row in order to pass the level. Id. at [0107]. The note manager 209 displays graphic representations of notes on scrolling guitar tablature. For example, note bubbles are displayed on the guitar string corresponding to the associated note/chord that the user is to play. Each note bubble includes a number corresponding to the fret to be pressed. A song interpreter 202 may produce a game representation of notes 210, to be displayed by the note manager 209 on the graphics display 211. Id. at [0036]; see also id. at Fig. 2. The image presented in FIG. 4 is a snapshot of a moving video image which is shown on a display screen to a user. The moving image is a moving (or scrolling) notation which prompts the user to play certain chords or notes, such as indicated by a symbol 401 directed to the chord name or displaying tablature of the strings to be played, and the manner in which to play them (i.e. the length of the chord in the song). In FIG. 4, the user is prompted to play the G-chord (the 1st string at the 3rd fret, the 5th string at the 2nd fret, and the 6th string at the 3rd fret, with the 2nd, 3rd, and 4th strings 35

38 open). As the song plays, the display moves, such that the notation moves and progresses in time with the song. In the example given in FIG. 4, the chords or notes move from the top-right side of the screen to the bottom-left. As shown in FIG. 4, upcoming notes 403 are also displayed and move from the top-right side of the screen towards the bottom-left. When the notes approach the hit-line or hit-area 402, the user is supposed to play the notes. Id. at [0039]; also id. at [0037], Fig. 4. Referring to FIG. 5, another example of how notes may scroll across the display screen for a user to play is shown. The six strings of the guitar 501 may be displayed across the screen. As a song plays, notes or tab bubbles 502 may move across the screen from the right-side to the left-side in time with the song. The hit bar/zone 503 may indicate when the notes 502 are supposed to be played. When the notes 502 reach the hit bar 503, the user is supposed to play the notes 502. The notes are either shown as individual notes with their duration of play or duration bar, 505 for example, or as chords, 502 for example. If a chord 502 is being played, the name of the chord 504 may also be displayed. Id. at [0042]. The inside of the note bubble 703 may contain the number of the fret to be pressed. A bubble containing the note or chord name may also scroll with any note or chord above the strings. Id. at [0046]; see also id. at Fig. 7. Fig. 9 illustrates a guitar neck view of the scrolling notation, where notes are displayed on top of a representation of a guitar fretboard. Id. at [0048, Fig. 9. Fig. 12 illustrates an animated hand position indicator 1203, which changes to show the actual fingering of notes/chords. In this embodiment, the strings at the appropriate frets 36

39 [1(e)] sequentially generating the display images in association with the user segments of the performance; [1(f)] during each user segment of the performance, prompting the user to play the corresponding one or more notes or chords; and [1(g)] in association with subsequent iterations of the performance, defining one or more of the associated segments as one or more user segments based on criteria comprising a proficiency level of the user, wherein the proficiency level of the user is determinable by the system to be pressed are highlighted. Id. at [0052], Fig. 12; see generally id. at [0047], [0049], [0051], [0053], Figs. 6, 8, 10, 11, 18. The note manager 209 sequentially generates note bubbles that correspond to the notes/chords the user is to play (i.e., user segments) on scrolling guitar tablature. The note bubbles sequentially move from the right side of the screen to the left side in accordance with the song. See, e.g., id. at [0039], [0042], [0046], Figs. 4, 5, 7; see generally Epstein as applied to element (d) of Claim 1. Fig. 7 illustrates a timeline view of the scrolling notation that displays a timeline for the whole song so that the user can track their progress through the song. Id. at [0045], Fig. 7. The note bubbles correspond to notes/chords the user is to play (i.e., user segments) and scroll from right to left on the scrolling guitar tablature. When the note bubble enters a hit area or hit zone the user must play the indicated note. See, e.g., id. at [0039]-[0042], [0045], Figs. 4, 5, 7; see generally Epstein as applied to element (d) of Claim 1. Epstein discloses a signal processing module 206 that converts an audio signal received electrically from the user s guitar and a note manager 209 that processes the signal and compares it against the selected song. The game engine calculates a score and provides the user with feedback based on the user s accuracy. The signal processing module 206 may convert the analog or digital audio signal produced by the guitar into a digital signal read in by the computer 207 or other platform. The note manager 209 may process the analog or digital audio signal (such as a MIDI signal or signal of another format), and compare it against the selected song. The signal may be a composite signal, or the signal may be an isolated or discrete signal. The analog or digital audio signal may be taken directly from a standard guitar out (by way of a ¼ cable from the guitar to an input that the computer can handle (such as a ⅛ or USB) or from a hex pickup (six separated isolated channels of audio). The audio signal may be processed and used to provide feedback on the location, positioning, attack, velocity and action as the user plays their guitar. Thus, the system may process the signal by polyphonic pitch detection (for composite signal parsing), or may process isolated/discrete signals. Data derived from the comparison may be fed back to the game manager 208 and further processed to update the graphics display 211. Id. at [0036]; see also id. at [0035]. 37

40 in accordance with signals received electrically from a guitar played by the user in relation to the display images generated during the one or more user segments associated with a previous iteration of the performance. 2. The media system of claim 1, said software executable by the processor to cause the display images with corresponding notes or chords to sequentially enter a predetermined region of a display screen, wherein the user is As the user listens to the song and watches the display on a display screen in any version of the views described herein, the user may attempt to play the chords and notes that he or she is prompted to play. Depending on the user's accuracy with regard to which fret and strings are actually played, the velocity with which each note or chord is played, and the timing of the user's play, the game engine may calculate a score or provide the user with other feedback as to his or her accuracy. As shown in FIG. 4, the score 404 may be shown as a numerical score. Id. at [0041]; see also id. at [0043], [0045], [0130]. The mini-game Notes in a row provides levels that increase in difficulty by, for example, increasing the number of notes that must be played without making a mistake. If the user passes a first level (i.e., iteration) by playing all of the notes in a row, the user will be able to play a subsequent level that has more notes (i.e., user segments) than the previous level. [A] user may play a mini-game, Notes in a row, in which a user tries to play as many scrolling notes as they can until they make a mistake. If a user can play a certain number of notes in a row they will pass or win the mini-game. If they do not, then they may have to play again. Notes in a row may increase in difficulty in the various levels by increasing the tempo of the scrolling notes, increasing the note complexity, or increasing the number of notes that must be played without making a mistake. Id. at [0105]; see also id. at [0057]. The mini-game Simon Says also provides levels that increase in difficulty by, for example, increasing the number of notes that must be played without making a mistake. If the user passes a first level by playing all of the displayed notes, the user will be able to play a subsequent level that has more notes. Id. at [0107]. Epstein as applied to Claim 1. The note manager 209 sequentially generates note bubbles that correspond to the notes/chords the user is to play on scrolling guitar tablature. The note bubbles sequentially move from the right side of the screen to the left side in accordance with the song. See, e.g., id. at [0039], [0042], [0046], Figs. 4, 5, 7. When each note bubble enters a hit area or hit zone (i.e., predetermined region) the user must play the indicated note. See, e.g., id. at [0039]-[0042], [0045], Figs. 4, 38

41 prompted to play the notes or chords when they are in the predetermined region, and the proficiency of the user is determinable from signals received electronically from the guitar played by the user in relation to the display images in the predetermined region. 3. The media system of claim 2, the predetermined region comprising a graphical representation of a fret board, wherein as a display image enters the predetermined region said software is executable by the processor to highlight strings on the graphical representation of a fret board associated with a chord to be played by the user. 5. The media system of claim 1, the predetermined performance selectable by the user from among a plurality of performances associated with the memory medium. 5, 7; see generally Epstein as applied to element (d) of Claim 1. Epstein discloses a signal processing module 206 that converts an audio signal received electrically from the user s guitar and a note manager 209 that processes the signal and compares it against the selected song. The game engine calculates a score and provides the user with feedback based on the user s accuracy with regard to the notes actually played in relation to the notes that the user was prompted to play. See Epstein as applied to element (g) at Claim 1. Epstein as applied to Claim 2. The note bubbles are positioned on a string of a guitar fret board and contain the number of the fret to be pressed for the corresponding note/chord. The user is prompted to play a note/chord, when the associated note bubble enters a hit area or hit zone (i.e., predetermined region) on the screen, thereby highlighting the appropriate strings associated with a chord. See, e.g., id. at [0039]-[0042], Figs. 4, 5; see generally Epstein as applied to element (d) of Claim 1 Also, as shown in Fig. 12, the user interface may also include an interactive video or a display where actual fingering of a chord are displayed on a guitar neck (i.e., predetermined region) and the frets to be pressed are highlighted. Id. at [0051], [0052], Fig. 12; see also id. at Fig. 11. Epstein discloses a user selects a song from a song library 201/1301, which are songs stored in memory. The computer or platform is capable of loading music, such that it can be displayed on a display screen in multiple ways, and allows the user to read the music and play along. Id. at [0034]; see also id. at [0035]. Referring to FIG. 2, one example of how information flows during game-play is shown. A song may be selected from a song library 201. Id. at [0035]; see also id. at [0037], Figs. 2, 13. Epstein as applied to Preamble 9. A media system for progressive instruction in the playing of a guitar, the media system comprising: [9(a)] a display device; of Claim 1. Epstein discloses a computer 100 that provides video output 150. The computer 100 includes a display screen, such as graphics display

42 The computer or platform is capable of loading music, such that it can be displayed on a display screen in multiple ways, and allows the user to read the music and play along. Id. at [0034]. Referring to FIG. 2, one example of how information flows during game-play is shown. A song may be selected from a song library 201. A song interpreter 202 may produce a game representation of notes 210, to be displayed by the note manager 209 on the graphics display 211. Id. at [0036]; see also id. at [0035], [0037], Figs. 1, 2. [9(b)] a processor operatively coupled to the display See Epstein as applied to device; and [9(c)] a non-transitory processor-readable memory medium having program modules embodied thereon, said program modules executable by the processor and further comprising [9(d)] a data storage module effective to store one or more performances, each performance further comprising a plurality of segments each having one or more corresponding guitar notes or chords, [9(e)] the segments further comprising one or more user segments each having one or more associated display images for prompting a user to play the one or more corresponding notes or chords; [9(f)] an audio control module effective to generate prerecorded sounds corresponding to one or more instruments associated with a selected performance, said instruments at least comprising a guitar; [9(g)] a display control module effective to generate upon the display device a first graphical representation of a guitar fret board and during user segments of the selected performance to populate the first graphical representation with the display images associated with the user segments, each display image comprising one or more instruction tools associated element (a) of Claim 9. See Epstein as applied to element (a) of Claim 1. Epstein discloses a song library 201/1301 (i.e., data storage module). See Epstein as applied to Claim 5. Epstein discloses that songs include guitar notes and chords (i.e., segments). See Epstein as applied to element (c) of Claim 1. See Epstein as applied to elements (d) of Claim 1. Epstein discloses a song interpreter 202 (i.e., audio control module) that provides audio output 204 (i.e., prerecorded sounds) at the same time that the associated notes 210 are displayed, so that the user can hear audio output of the corresponding guitar notes. See Epstein as applied to element (b) of Claim 1. Song interpreter 202 and note manager 209 (i.e., display control module) display scrolling guitar tablature and note bubbles that correspond to the notes/chords the user is required to play (i.e., user segments). Each note bubble moves from the right side of the screen to a hit area or hit zone (i.e., first graphical representation of a guitar fret board) at the left side of the screen where the 40

43 with playing one or more guitar notes or chords in accordance with the performance; [9(h)] a proficiency sensing module effective to receive signals from a guitar electrically coupled to the system, compare the received signals to expected signals associated with corresponding user segments of the performance, and determine a proficiency level of the user based on the comparison; and [9(i)] a mode control module effective to define one or more of the plurality of segments in the selected performance as user segments based upon one or more criteria including the determined proficiency level of the user and a performance iteration, wherein in successive iterations the mode control module determines whether the proficiency level of the user warrants increasing the number of user segments. 10. The media system of claim 9, the display control module effective to generate upon the display device a first portion of the display screen comprising the first graphical representation of a guitar fret board, and to populate a second portion of the display screen with one or more dynamic graphical representations of one or more instruction tools associated with one or more guitar notes or chords for one or more user segments to be subsequently played by the user during one or more subsequent portions of the user is prompted to play the associated note or chord. See Epstein as applied to elements (d) and (f) of Claim 1. Signal processing module 206 converts an audio signal received electrically from the user s guitar and a note manager 209 that processes the signal and compares it against the selected song. The game engine calculates a score and provides the user with feedback based on the user s accuracy with regard to the notes actually played in relation to the notes that the user was supposed to play. See Epstein as applied to element (g) of Claim 1. A user can select a mini-game, such as Notes in a row and Simon Says, to practice a song. The mini-game Notes in a row provides levels that increase in difficulty by, for example, increasing the number of notes that must be played without making a mistake. If the user passes a first level (i.e., iteration) by playing all of the notes in a row, the user will be able to play a subsequent level that has more notes (i.e., user segments) than the previous level. See Epstein as applied to element (g) of Claim 1. Epstein as applied to Claim 9. Song interpreter 202 and note manager 209 (i.e., display control module) display scrolling guitar tablature and note bubbles (i.e., instruction tools) that correspond to the notes/chords the user is to play (i.e., user segments). Each note bubble moves from the right side of the screen (i.e., second portion) to a hit area (i.e., first portion) at the left side of the screen where the user is prompted to play the associated note or chord. The horizontal positions of the note bubbles that have not yet reached the hit area indicate the time remaining before the note/chord should be played. Each note bubble is a dynamic graphical representation of instruction tools associated with a note/chord to be subsequently played by the user when the event 41

44 circle reaches the hit area. See Epstein as applied to performance. elements (d) and (f) of Claim The media system of claim 10, the display control module effective to populate the second portion of the display screen with one or more dynamic graphical representations of a guitar fret board appearing sequentially and corresponding to the performance, each dynamic graphical representation of a guitar fret board comprising the one or more instruction tools associated with one or more notes or chords to be played by the user and corresponding to a respective user segment of the performance, each dynamic graphical representation of a guitar fret board sequentially passing from the second portion to the first portion of the display screen in accordance with playing of the performance. 12. The media system of claim 11, the display control module effective as each dynamic graphical representation of a guitar fret board enters the first portion of the display screen to highlight strings on the first graphical representation of the guitar fret board associated with a respective chord to be played by the user. 14. The media system of claim 9, wherein the selected performance is selectable by the user from among a plurality of performances associated with the data storage module. 16. The media system of claim 9, wherein the proficiency level of the user is userselectable. 17. A method of progressive instruction in the playing of a guitar by a media system storing one or more predetermined performances each further Epstein discloses the difficulty level is user-selectable. See Epstein as applied to Claim 10. Each note bubble is a dynamic representation of a guitar fret board. See Epstein as applied to Claims 3, 11. Epstein discloses a user selects a song from a song library 201/1301, which are songs stored in memory. See Epstein as applied to Claim 5. FIG. 3 shows the choices to the user which are available when the game starts, and also displays the overall game architecture. The game allows for four different modes to be selected from the game mode selection menu The game also may have a game configuration module 303, which allows the user to set certain game preferences such as: volume, game difficulty, library repository options, and network configuration. Id. at [0038]; see also id. at [0098], Fig. 14. Epstein discloses a system and method of providing an interactive guitar game for users to learn how to play the guitar. See Epstein as applied to the preamble of Claim 1. Epstein discloses a user selects a song from a song library 201/1301, which are songs stored in memory. See 42

45 comprising a plurality of segments having associated guitar notes or chords, the method comprising the steps of: Epstein as applied to Claim 5. Epstein discloses that songs include guitar notes and chords (i.e., segments). See Epstein as applied to element (c) of Claim 1. [17(a)] defining one or more of said segments as one or more user segments for a first iteration of a selected performance from the one or more predetermined performances stored in the media system, said one or more user segments each having one or more associated display images for prompting a user to play the corresponding notes or chords; [17(b)] generating audio signals effective to simulate sounds for one or more instruments associated with the selected performance; [17(c)] for each of said one or more defined user segments, generating the one or more display images to graphically demonstrate a preferred user operation of a guitar corresponding to the selected performance; [17(d)] identifying a proficiency level of the user based on input signals received from a guitar electrically coupled to the media system in relation to the display images generated during the one or more defined user segments; [17(e)] determining a number of user segments for a successive iteration of the selected performance based on criteria comprising the proficiency level of the user, wherein the determining step in accordance with a first proficiency level comprises maintaining the number of user segments in a successive iteration of the selected performance, further wherein the determining See Epstein as applied to element (d) of Claim 1. See Epstein as applied to element (b) of Claim 1. See Epstein as applied to element (e) and (f) of Claim 1. See Epstein as applied to element (g) of Claim 1. Epstein discloses that a user can select a mini-game, such as Notes in a row and Simon Says, to practice a song. The mini-game Notes in a row provides levels that increase in difficulty by, for example, increasing the number of notes that must be played without making a mistake. If the user passes a first level (i.e., iteration) by playing all of the notes in a row, the user will be able to play a successive level that has more notes (i.e., user segments) than the previous level. If, however, the user does not pass, then the user may have to play the first level again, thereby maintaining the same number of notes. [A] user may play a mini-game, Notes in a row, in which a user tries to play as many scrolling notes as they can until they make a mistake. If a user can play a certain number of notes in a row they will pass or win the minigame. If they do not, then they may have to play again. Notes in a row may increase in difficulty in the various 43

46 step in accordance with a second proficiency level comprises adding one or more segments of the selected performance to the one or more user segments in a successive iteration of the selected performance; and [17(f)] repeating steps (b) to (e) in accordance with said successive iteration of the performance. levels by increasing the tempo of the scrolling notes, increasing the note complexity, or increasing the number of notes that must be played without making a mistake. Id. at [0105]; see also id. at [0057]. Similarly, for the mini-game Simon Says, provides levels that increase in difficulty by, for example, increasing the number of notes that must be played without making a mistake. If the user passes a first level of Simon Says by playing all of the displayed notes, the user will be able to play a subsequent level. Id. at [0107]. Epstein discloses that steps (b) to (e) are repeated in accordance with successive levels (i.e., iterations) of the Notes in a row and Simon Says mini-games. Id. at [0105], [0107]. See also Epstein as applied to elements (b) to (e) of Claim The method of claim 17, step (d) further comprising identifying the See Epstein as proficiency level of the user by comparing the input signals received applied to from the guitar to expected signals associated with the selected performance and stored in the media system. element (g) of Claim The method of claim 17, wherein in step (c) the generated display See Epstein as images comprise graphical representations of notes or chords applied to corresponding to the user segments of the selected performance element (e) and graphical representations of which one or more guitar strings to be and (f) of engaged, and on which frets, to play said notes or chords. Claim 1. C. Parks Anticipates Claims 1-3, 5, 9-12, 14, and 20 Under 35 U.S.C. 102(b) Parks was filed on October 1, 2007, published August 21, 2008, and qualifies as prior art under 35 U.S.C. 102(b). Ex. 1005, Parks. Parks is presently assigned to Ubisoft Entertainment SA. Parks teaches a guitar game for allowing a user to play along with a song. Id. at Abstract. Different arrangements of the same song can require a user to play more or less notes based on the difficulty of the arrangement. Id. at [0051], Fig. 16. To start a session, the user selects a song and the difficulty of the arrangement that the user 44

47 would like to play. Id. at [0054]. The game displays a representation of notes/chords on a guitar fret board and prompts the user to play the associated note/chord at the appropriate time. Id. at Abstract, [0033], Fig. 1B. The system compares the stored notes of an arrangement with the user s live performance to calculate a score and provide feedback based on the user s accuracy. Id. at [0056], [0044], Fig. 24. Parks discloses a level scoring module that determines the user s final score for a level based on the user s performance. Id. at [0049]-[0051]. If the user s score falls below a threshold, the user cannot progress to the next level. Accordingly, if the user s score is above the threshold, the user can progress to the next level, for example, a more difficult arrangement of the song. Id. Claims Anticipated by Parks (Ex. 1005) 1. A media system for progressive instruction in the playing of a guitar, the system comprising: Parks discloses a guitar game for allowing a user to play along with a song. The game system may adjust the difficulty of each level of the game by changing the number of notes to be played. A game system and method that uses an instrument as an input encourages a user to play along with the game's soundtrack on an instrument (e.g. guitar, bass, etc.). The game cues the player to play notes and/or chords on the instrument at an appropriate time and then data is collected from the instrument via a connection between the instrument and the apparatus running the game. The game then scores the user based on note/chord and timing information it receives. Ex. 1005, Parks at Abstract. The game system may include a level scoring module. In some embodiments, a score above a certain amount will unlock one or more unlocked items (i.e. a song, a new character, a new character outfit or guitar, etc.). In some embodiments, a score below a certain amount will fail the player and thus not allow the player to progress to the next level. The game system may also adjust the difficulty of each level of the 45

48 [1(a)] a nontransitory processorreadable memory medium having software residing thereon, the software executable by a processor to direct the performance of [1(b)] generating audio signals corresponding to prerecorded sounds from one or more game. For example, as shown in FIG. 15, the same song may be played with several different level difficulties using a select difficulty screen In the game system, different arrangements of pieces can be used to give more difficult and challenging experiences of playing the same piece, as shown by FIG. 16. Id. at [0049]-[0051]; also id. at [0002], [0003], [0030]-[0031], Figs. 1A, 16. Parks discloses a game module (i.e., software) residing in a storage unit that is loaded into memory and executed by a processing unit. FIG. 1A illustrates an example of an implementation of a game system 80 where the game system is implemented as a software based stand-alone system.... The game unit may include a display 83 that is capable of displaying the user interface of the game to the user (an example of which is described below in more detail with reference to FIG. 1B), one or more processing units 84, a storage unit 86 (that may be a combination of a persistent storage device such as a hard disk drive, ROM, etc.), and a memory such as SRAM or DRAM, and an operating system 88 that controls the operation of the game system and a game module 90 that reside in the storage unit. The game module, in this embodiment, may be a plurality of lines of computer code.... The game module may include modules for game administration (level difficulty functions), instrument interface and game scoring. When the game system is active, the game module is loaded into the memory and then executed by the one or more processing units to implement the functions and operations of the game system described in more detail below. The game system permits a user to play an instrument along with an arrangement displayed on the display (use the instrument as an input to the game system using the interface) and then scores the user based on the accuracy with which the user plays the arrangement shown on the display as described in more detail below. Id. at [0031]; see also id. at [0055], Figs. 1A, 23. Parks discloses a game module that allows the user to play guitar along with a soundtrack (i.e., prerecorded sounds from a guitar). A game system and method that uses an instrument as an input encourages a user to play along with the game's soundtrack on an instrument (e.g. guitar, bass, etc.). Id. at Abstract. The game module may include modules for game administration (level difficulty functions), instrument interface and game 46

49 instruments associated with a predetermined performance, the one or more instruments comprising a guitar, [1(c)] the predetermined performance comprising a plurality of segments each further comprising one or more guitar notes or chords; scoring.... The game system permits a user to play an instrument along with an arrangement displayed on the display (use the instrument as an input to the game system using the interface) and then scores the user based on the accuracy with which the user plays the arrangement shown on the display as described in more detail below. Id. at [0031]; see also id. at [0034], Fig. 1A. Also from the main menu 1914, the user may select other options 1926, which will give them the ability to adjust audio options 1930 (music volume, sound effects volume, etc.) (FIG. 21 a). Id. at [0054]; see also id. at [0055] ( The game system also has a sound module 2312 that connects to the speaker ); also id. at Figs. 21a, 23. Parks discloses songs that include guitar notes and chords (i.e., segments), where different arrangements of the same song can require a user to play more or less notes based on the difficulty. In the game system, different arrangements of pieces can be used to give more difficult and challenging experiences of playing the same piece, as shown by FIG. 16. The piece shown, Mary Had a Little Lamb, has its rhythmic components shown by An Easy arrangement of the piece 1604 may be composed by cueing only every 4 th note. An arrangement more difficult than the Easy arrangement, denoted as Normal 1606, cues only every 2 note. An arrangement more difficult than Normal, denoted as Hard 1608, cues the player to play every note in the melody. An arrangement more difficult than Hard, denoted as Expert 1610, cues the player to add grace notes 1612 and other extra note runs 1614 to the original piece. Id. at [0051]. In some embodiments, more difficult arrangements of pieces contain a more difficult series of notes to be played together in sequence (i.e. guitar riffs). Id. at [0053]. 47

50 [1(d)] for a particular iteration of the performance, defining one or more of the plurality of segments as one or more user segments each having one or more associated display images comprising graphical representations of which one or more guitar strings to be engaged, and on which frets, to play the one or more notes or chords See also id. at [0031], [0052]-[0053], Figs. 17, 1A. Parks discloses use of different arrangements of the same song, such that the same song can be played with different level difficulties. For example, the user can select the level difficulty (id. at Fig. 15), which defines the number of notes the user will be required to play (i.e., user segments) for a particular iteration of a song. The game system may also adjust the difficulty of each level of the game. For example, as shown in FIG. 15, the same song may be played with several different level difficulties using a select difficulty screen In the game system, different arrangements of pieces can be used to give more difficult and challenging experiences of playing the same piece, as shown by FIG. 16. The piece shown, Mary Had a Little Lamb, has its rhythmic components shown by An Easy arrangement of the piece 1604 may be composed by cueing only every 4 th note. An arrangement more difficult than the Easy arrangement, denoted as Normal 1606, cues only every 2 note. An arrangement more difficult than Normal, denoted as Hard 1608, cues the player to play every note in the melody. An arrangement more difficult than Hard, denoted as Expert 1610, cues the player to add grace notes 1612 and other extra note runs 1614 to the original piece. Id. at [0050]-[0051]; also id. at [0031], [0053]-[00055], Figs. 1A, 15, 16, 17. Parks discloses that each note/chord the user is to play (i.e., user segments) includes an associated display image where, for example, a note 108 is superimposed on top of a string in note field 106 and includes a number that indicates the fret that is to be pressed on the 48

51 corresponding to the user segment; string to generate the correct pitch. Returning to FIG. 1B, the exemplary user interface may further include an action indicator interface 104 that may include a note field 106, one or more notes 108 superimposed on top of the note field 106 and a play area 110. In one embodiment of the game system, the horizontal position of a note in the action indicator interface 104 indicates the time to play the note (cue time), the vertical position of the note indicates the string to play it on (cue string), and the number inside each note indicates the fret that is to be pressed down (cue fret) on the string to generate the correct pitch. In the one embodiment, the one or more notes 108 move horizontally towards the play area 110 and the play area 110 is stationary. FIGS. 3A and 3B show this horizontal motion of the notes relative to the play area 110 with FIG. 3A is at an earlier time than FIG. 3B. In the game system, the action indicator interface 104 cues the user to play the appropriate note at a specific time. When the overlap of the note and the play area occur, the user is to play the appropriate note. Id. at [0033]; see also id. at [0034]. The user interface 100 of the game system in some embodiments may further comprise a chord track 116 that may be, for example, located above the note field 106. During game play, chord information appears in the chord track 116 and scrolls from right to left towards that stationary play area 110. Each piece of chord data lines up with a corresponding note(s) 108 in the note field 106 to show the association between the two. Id. at [0041]. See also id. at [0039], Figs. 2, 3C,