DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 12/16/2025 has been entered.
The applicant' s arguments have been considered but are moot in view of new ground(s) of rejections necessitated by the applicant' s amendment.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1 – 20 are rejected under 35 U.S.C. 103 as being unpatentable over US 20160196106 (Hammer) in view of US 20220345159 (Chao) and US 8520586 (Husted).
Regarding claims 1, 12 and 20, Hammer teaches “A playback device (paragraph 0051 and FIG 3: speaker 300 also shown in FIG 7 – 9 as speaker 604) comprising:
a communication interface (paragraph 0053: communication interface(s) 320) comprising a plurality of wireless radios comprising
a first radio to facilitate wireless communication in a first frequency range (paragraph 0053: the communication interface 320 may comprise BLUETOOTH™. Paragraph 0070: speaker 604 receives the multi-channel audio stream 708/710 via Bluetooth™ (Wireless Protocol 1). In alternative configuration shown in FIG 7 – 9, reception of the multichannel audio stream is shown through Wireless Protocol 2, which corresponds to Wi-Fi)…”
“…a second radio (paragraph 0053: the communication interface 320 may comprise a Wi-Fi) to facilitate wireless communication in a second frequency range (paragraph 0070: speaker 604 transmits the discrete audio channels 712A-712C via Wi-Fi (Wireless Protocol 2). In alternative configuration shown in FIG 7 – 9, transmission of the audio channels is shown through Wireless Protocol 1, which corresponds to Bluetooth) that at least partially overlaps with the first frequency range (the frequency range for a Bluetooth “at least partially overlaps” with the frequency range of Wi-Fi at least with respect to 2.4 GHz)…”
“…the communication interface being configured to
after a determination that a transmission operation is to be performed by the first radio (FIG 7 – 9 with corresponding description in paragraphs 0069 – 0073. Speaker 604 may forward or transmit received multichannel audio stream 708/710 to speakers 704A-704C through Wireless Protocol 1, which may be mapped to “the first radio”. Similar process applies to the configurations in FIG 7 and FIG 9. Therefore, claimed “a determination that a transmission operation is to be performed by the first radio” is at least implicitly present in the system of Hammer and the actual transmissions by the speaker 604 is performed “after” this determination)…”
“…an audio amplifier (paragraph 0051 and FIG 3: amplifier 336);
at least one processor (paragraph 0051 and FIG 3: processor 308); and
at least one non-transitory computer-readable medium comprising program instructions that are executable by the at least one processor (paragraph 0051 and FIG 3: memory 312; Processor 308 is provided to execute instructions contained within memory 312.) such that the playback device is configured to
while receiving a first data stream comprising audio content via the first radio (FIG 7 – 9 with corresponding description in paragraphs 0069 – 0073. For example, with respect to FIG 8 and paragraph 0072: receiving multichannel audio stream 708/710, includes multiple channels of audio represented as 1, 2, . . . n. Speaker 604 may receive the multichannel audio stream 708/710, identify one or more channels of audio that have been assigned to it, separate the assigned audio channel, and then play the assigned audio channel at a synchronized timing. Reception of the multichannel audio stream is shown through Wireless Protocol 2 with corresponding “first radio”. Similar process applies to the configurations in FIG 7 and FIG 9 (the latter with respect to a single channel)),
play back the audio content using the audio amplifier (FIG 8 and paragraph 0072: speaker 604 may receive the multichannel audio stream 708/710, identify one or more channels of audio that have been assigned to it, separate the assigned audio channel, and then play the assigned audio channel at a synchronized timing. Similar process applies to the configurations in FIG 7 and FIG 9 (the latter with respect to a single channel));
generate a second data stream based on the audio content; and transmit the second data stream via the second radio to at least one external device (paragraph 0072: Speaker 604 may forward or transmit the received multichannel audio stream 708/710 (“the second data stream”) to speakers 704A-704C, each of which corresponds to “at least one external device”, as multichannel audio streams 812A-812C. With respect to FIG 7, paragraph 0070: Processor 308 of speaker 604 may separate the received audio stream 708/710 into multiple discrete channels 712 and provide the discrete multiple channels 712A-712C (“the second data stream”) to their respective speakers 704A-704C, each of which corresponds to “at least one external device”. Similar process applies to a single channel configuration of FIG 9. Paragraph 0072: by playing all channels simultaneously, with each channel playback time synchronized with the others, the desired spatial effect of stereo or surround sound may be realized.).”
For claim 20 only: “play back the audio content in synchrony with playback of the audio content by the first playback device (Paragraph 0072: by playing all channels simultaneously, with each channel playback time synchronized with the others, the desired spatial effect of stereo or surround sound may be realized.).”
Hammer does not teach “the first radio being designated as a prioritized radio for a first time period”, “the second radio being designated as the prioritized radio for a second time period subsequent to the first time period”, that transmission operation by the first radio is “during the second time period when the second radio is designated as the prioritized radio, and while the second radio is performing a previously-initiated transmission operation, obtain at least one parameter, the at least one parameter comprising an indication of a received signal strength of a wireless signal received via the first radio and/or the second radio, and an indication that simultaneous transmission operations of the first radio and the second radio are allowed, and determine whether to allow the first radio to perform the transmission operation during the second time period, and while the second radio is simultaneously performing the previously-initiated transmission operation, based on the at least one parameter.”
Chao also teaches multi radio device, the radios including at least one of: Wi-Fi radio and a Bluetooth radio (see par. 0005). Particularly, paragraph 0059 and FIG 5 teach an example timing diagram 500 of the multi-radio device mediating between two radios. Although the example includes an 802.15.4 radio and a Wi-Fi radio, it would have been obvious to a person of ordinary skill in the art at the effective filing date of the application that the same teaching may be applied to the combination of Bluetooth (may be mapped to “first radio” of instant claim) and a Wi-Fi radio (may be mapped to “second radio” of instant claim). As may be seen from FIG 5 and Sketch below representing annotated FIG 5, Chao teaches “the first radio being designated as a prioritized radio for a first time period (shown as Priority 1 for the 802.15.4 radio)”, “the second radio being designated as the prioritized radio for a second time period subsequent to the first time period (shown as Priority 3 for the Wi-Fi radio)”. Chao further teaches “after a determination that a transmission operation is to be performed by the first radio during the second time period when the second radio is designated as the prioritized radio (shown as 802.15.4 Tx request in FIG 5 which coincides with ongoing Wi-Fi Tx request and grant asserted earlier), and while the second radio is performing a previously-initiated transmission operation (paragraph 0060: In a first overlap region 502 where simultaneous transmission by both radios may result in IMD, the higher priority (i.e. priority-3) signal from the Wi-Fi radio has received a “Wi-Fi Grant” permission to transmit. As may be seen, the W-Fi radio is scheduled to transmit prior to Tx request from 802.15.4 radio), obtain at least one parameter, the at least one parameter comprising…” “…an indication that simultaneous transmission operations of the first radio and the second radio are allowed, and determine whether to allow the first radio to perform the transmission operation during the second time period, and while the second radio is simultaneously performing the previously-initiated transmission operation, based on the at least one parameter (paragraph 0060: when the 802.15.4 radio has a lower priority (i.e. priority-1) signal to transmit, the 802.15.4 radio still receives the “802.15.4 Grant” (“an indication that simultaneous transmission operations of the first radio and the second radio are allowed”) signal because the 802.15.4 radio has its opportunistic Tx flag enabled; however the 802.15.4 radio can only transmit at an adjusted/lower power level due to its lower priority compared to the ongoing Wi-Fi transmission (the act of “determine whether to allow the first radio to perform the transmission operation during the second time period” results in positive determination at a lower power level). This is based on receiving “802.15.4 Grant” representing “the at least one parameter”).”
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Therefore, it would have been obvious to a person of ordinary skill in the art at the effective filing date of the application to utilize disclosed by Chao transmission arbitration between collocated radios, in the system of Hammer. Doing so would have allowed to implement simultaneous transmissions by the collocated radios thus increasing functionality of the device.
Lastly, neither Hammer, nor Chao disclose obtaining “an indication of a received signal strength of a wireless signal received via the first radio and/or the second radio” as part of the at least one parameter.
Husted in col. 1 lines 11 – 17 teaches that when wireless devices are in close proximity to each other, communication from one wireless device may interfere with communication from the other wireless device. For example, when Bluetooth and wireless local area network (WLAN) devices operate in close proximity to each other, the radio protocol of one device can interfere with the radio protocol of the other device. Husted discloses a method of overcoming this problem. In particular, Husted teaches: “after a determination that a transmission operation is to be performed by the first radio”, “obtain at least one parameter, the at least one parameter comprising
an indication of a received signal strength of a wireless signal received via the first radio and/or the second radio (Col. 3 line 64 – col. 4 line 7: At stage D (which is “after a determination that a transmission operation is to be performed by the first radio” in stage C), the scanning Bluetooth device 106 determines an RSSI for an RF signal received by the collocated WLAN device 108 (WLAN RSSI) (“an indication of a received signal strength of a wireless signal received”). The WLAN device 108 may communicate the WLAN RSSI to the scanning Bluetooth device 106.)”; “determine whether to allow the first radio to perform the transmission operation during the second time period” “based on the at least one parameter (Col. 4 lines 15 – 43: At stage E, the scanning Bluetooth device 106 accesses a Bluetooth transmission policy 114 to determine whether the scanning Bluetooth device 106 can transmit the inquiry response without interfering with the collocated WLAN device. The Bluetooth transmission policy 114 may indicate a power level at which the Bluetooth scanning device 106 may transmit the inquiry response based on the WLAN RSSI (“based on the at least one parameter”), the Bluetooth RSSI.)”.
Therefore, it would have been obvious to a person of ordinary skill in the art at the effective filing date of the application to utilize disclosed by Husted arbitration process between multiple collocated radios operating in the same frequency range, in the system of combined Hammer and Chao’s disclosures. Doing so would have allowed to eliminate or reduce interference between collocated radios.
Regarding claims 2 and 13, Hammer teaches “wherein: the playback device is a first playback device (corresponds to speaker 604 in FIG 7 – 9);
the at least one external device comprises a second playback device (corresponds to each individual speaker 704A-C in FIG 7 – 9); and
to play back comprises to play back the audio content in synchrony with playback of the audio content by the second playback device (Paragraph 0072: by playing all channels simultaneously, with each channel playback time synchronized with the others, the desired spatial effect of stereo or surround sound may be realized.).”
Regarding claim 3, Hammer teaches “wherein: the audio content comprises one or more audio channels (corresponds to setup in FIG 9 in which the digital audio stream is not separated into channels but is combined to become monaural. See paragraph 0073. Reception of a single channel 710 from mobile phone 120 by the speaker 604); and to play back comprises to play back all of the one or more audio channels in synchrony with playback of all of the one or more audio channels by the second playback device (paragraph 0073: A monaural stream 912 may then be transmitted to any number of speakers for simultaneous playback. That is, in such a configuration, the same speaker may be used in an array of speakers to play back monaural audio from a streamed source, from a variety of sources, including mobile devices, which stream audio from their libraries or from the Internet. In this case, all speakers may play the same audio simultaneously to cover a large area like a whole house or outdoor party with sound.).”
Regarding claim 4, Hammer teaches “wherein: the audio content is multi-channel audio content comprising a plurality of audio channels (FIG 7 and paragraph 0070: reception of the multichannel audio stream 708/710 including multiple channels of audio represented as 1, 2, . . . n.); and to play back comprises to play back a first subset of the plurality of audio channels in synchrony with playback of a second subset of the plurality of audio channels by the second playback device, the second subset of the plurality of audio channels being non-overlapping with the first subset of the plurality of audio channels (paragraph 0069: A processor 308 is used to separate the received streamed audio file into multiple discrete channels, such as and not limited to Stereo, Stereo with Subwoofer, Dolby or DTS 5.1 or 7.1 Surround Sound. Each audio channel may be sent to a different speaker for playback at a specific time to achieve the desired spatial effect of stereo or surround sound. Therefore, by playing all channels simultaneously (“in synchrony”), the desired spatial effect of stereo or surround sound may be realized. In configurations like stereo and other options of paragraph 0069, the audio channels are “non-overlapping”).”
Regarding claim 5, Hammer teaches “wherein: the multi-channel audio content is stereo audio content comprising a first audio channel and a second audio channel; and to play back comprises to play back the first audio channel in synchrony with playback of the second audio channel by the second playback device (paragraph 0069: A processor 308 is used to separate the received streamed audio file into multiple discrete channels including Stereo. Each audio channel may be sent to a different speaker for playback at a specific time to achieve the desired spatial effect of stereo. Therefore, by playing all channels simultaneously, the desired spatial effect of stereo may be realized. Similar effect is described in paragraph 0072 with respect to FIG 8. Additionally, as stated in paragraphs 0069 and 0072, the speaker 604 itself may separate and play the assigned channel. Although plurality of speakers is shown in each of FIG 7 and FIG 8, it would have been obvious to a person of ordinary skill in the art at the effective filing date of the application that if only one additional speaker 704 is used in combination with the main speaker 604, the latter would play one channel of a stereo and the former would play another channel of the stereo).”
Regarding claims 6 and 14, Hammer in combination with Chao teaches or fairly suggest “wherein: the transmission operation is a first transmission operation (as was explained in the rejection of claim 1 above, and in view of Chao, “the transmission operation” was mapped to the 802.15.4 (or Bluetooth) radio device (“the first radio”) receiving the “802.15.4 Grant” and performing transmission at a reduced power level during the Wi-Fi time interval.)…”
With respect to “the communication interface is configured to determine whether the second radio is to perform a second transmission operation during the first time period when the first radio is designated as the prioritized radio”, as was explained in the rejection of claim 1 above, in the device of combined Hammer and Chao’s disclosures, “the second radio” was mapped to Wi-Fi radio and “the first time period” was mapped to the period when Bluetooth or 802.15.4 radio device is assigned higher priority.
Chao in paragraphs 0048 – 0057 and FIG 4 teaches that priority levels can be moderated using an opportunistic transmission grant (e.g. flag). An opportunistic Tx grant means a radio having a lower priority transmission compared to another radio's transmission, can nevertheless transmit at the reduced power level. If the on-going transmission has a higher priority than a later coming request, the later coming lower priority request is granted opportunistically at an adjusted Tx power.
Therefore, it would have been obvious to a person of ordinary skill in the art at the effective filing date of the application, and in view of Chao’s disclosure in paragraphs 0048 – 0057, that in the device of combined Hammer and Chao’s disclosures, during the time period when Bluetooth or 802.15.4 radio device (“the first radio”) has higher priority (“during the first time period when the first radio is designated as the prioritized radio”) than the priority of the Wi-Fi device, if a transmission request comes from the Wi-Fi device, to consider assigning, opportunistically, transmission grant to the Wi-Fi device at a lower transmission power (“determine whether the second radio is to perform a second transmission operation during the first time period”). Doing so would have simply been in line with the teaching of Chao in paragraphs 0048 and 0051 and FIG 4.
Regarding claims 7 and 15, Hammer in combination with Chao teaches or fairly suggest “wherein the communication interface is configured to determine whether to allow the second radio to perform the second transmission operation during the first time period (Chao, paragraphs 0048 and 0051 and FIG 4: An opportunistic Tx grant means a radio having a lower priority transmission compared to another radio's transmission, can nevertheless transmit at the reduced power level. If the on-going transmission has a higher priority (In Chao, the ongoing Bluetooth or 802.15.4 transmission has higher priority during “the first time period”) than a later coming request, the later coming lower priority request is granted opportunistically at an adjusted Tx power (“determine whether to allow the second radio to perform the second transmission operation during the first time period” at an adjusted power level).).”
Regarding claims 8 and 16, Hammer in combination with Chao teaches or fairly suggest “wherein the communication interface is configured to determine, after determining that the second radio is to perform the second transmission operation during the first time period, at least one characteristic associated with the second transmission operation (In Chao, it is determined that only when the level of the transmission power for the lower priority radio is reduced, can it proceed with opportunistic transmission grant. In the device of combined Hammer and Chao’s disclosures, the Wi-Fi radio would be granted transmission request at a reduced transmission power).”
Regarding claims 9 and 17, Hammer in combination with Chao teaches or fairly suggest “wherein the at least one characteristic associated with the second transmission operation is one or more of an operation type or an operation power level (In Chao, it is determined that only when the level of the transmission power for the lower priority radio is reduced, can it proceed with opportunistic transmission grant. In the device of combined Hammer and Chao’s disclosures, the Wi-Fi radio would be granted transmission request at a reduced transmission power (“an operation power level”)).”
Regarding claims 10 and 18, Hammer in combination with Chao teaches or fairly suggest “wherein to determine whether to allow the first radio to perform the transmission operation comprises to identify the prioritized radio for the second time period (as may be seen in Chao’s FIG 5 and paragraph 0060, and as was explained in the rejection of claim 1 above, In a first overlap region 502, the higher priority (i.e. priority-3) signal from the Wi-Fi radio has received a “Wi-Fi Grant” permission to transmit. This overlap region 502 represent an instance of “a second time period”. This means that the prioritized radio for this, “second time period” is identified prior to the actual “transmission operation” being performed.).”
Regarding claims 11 and 19, Hammer teaches “wherein the plurality of wireless radios comprises two or more of a BLUETOOTH radio, a ZIGBEE radio, a WIFI radio, or an Ultra-Wideband radio (paragraph 0072: Although FIG. 8 may illustrate an example configuration in which speaker 604 receives the multi-channel audio stream 708/710 via Bluetooth™ (Wireless Protocol 1) and transmits the multichannel audio streams 712A-712C via Wi-Fi (Wireless Protocol 2), the exact wireless communication technology, standard, or network may be different.).”
Conclusion
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/GENNADIY TSVEY/ Primary Examiner, Art Unit 2648