DETAILED ACTION
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for pre-AIA the inventor(s), at the time the application was filed, had possession of the claimed invention.
The claimed subject matter, “second audio playback device calculates a respective playback timing” is not supported in the drawings and the written description of the specification. Paragraph 0046 of Applicant’s specification discloses master device using the network delay and the audio latency delay difference values to calculate updated timing instructions for audio playback. However, nowhere in Applicant’s disclosure does the slave device (second audio playback device) calculate a time/timestamp when the slave device itself would like to commence playback. The only calculations done by the slave device itself are of a system clock offset value according to the current system time of the master device, the respective system time of each slave device, and calculated network latency time value. However, these calculations are not playback timing/timestamp calculations and are different than “second audio playback device calculates a respective playback timing.”
Correction is required, or a discussion with the Examiner for suggestions on making the subject matter more in alignment with the disclosure is another option.
Claim Rejections - 35 USC § 103
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 of this title, 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(a) as being unpatentable over Bassoli (US 2005/0286546) in view of Sheth (US 2013/0188632).
Regarding Claim 1, 8, 15, Bassoli discloses a system comprising: a first audio playback device; a second audio playback device; and a processor configured to: establish a group audio session between the first audio playback device and the second audio playback device, and after establishing the group audio session (Paragraph 0008, Figures 5-8). This is equivalent to the synchronization of playback among groups of devices. Bassoli discloses user interface to display a playlist identifying a plurality of songs, receive, via the user interface, a selection to initiate playback of a song of the plurality of songs, and in response to receiving the selection, cause the song to be simultaneously output by the first audio playback device and the second audio playback device (Paragraphs 0070-0072, 0075, Figures 5-7). Examiner submits that in the context of Paragraph 0072 and 0075, a song is simultaneously output amongst multiple playback devices. This is evidenced by window 703 displaying a playlist of songs available on the remote listened-to player identified by the image 701, and the selection of an item on that list transmits a request to the source player being listened to switch the playback to that selected other song. The source player may then display the request to its user who accepts or rejects the request. In this way, with the permission of the user, the song being reproduced by the source player can be remotely controlled by one or more of the listening players.
Bassoli does not disclose calculating a network latency value between the first audio playback device and the second audio playback device; playback time calculated based on the network latency value; wherein each of the first audio playback device and the second audio playback device calculates a respective playback timing. However, Sheth discloses calculating a network latency value between the first audio playback device and the second audio playback device; playback time calculated based on the network latency value; wherein each of the first audio playback device and the second audio playback device calculates a respective playback timing (Paragraphs 0043, 0061-0062, 0075, 0079). Examiner submits that each of the first and second audio playback devices calculate a respective playback timing according to Paragraph 0075 which discloses how session manager 41 of source device 40A may use the Real-time Transport Control Protocol (RTCP) to measure the time offset as well as the transmission delay between source device 40A and each of sink devices 42. Based on the RTCP feedback received from each of sink device 42, source device 40A adjusts the presentation time stamp (PTS) for local rendering at source device 40A. Each of sink devices 42 may also receive RTCP feedback from the other sink devices 42 to adjust the PTS for local rendering at the respective sink device.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention was made to modify and improve the synchronous audio playback system of Paragraphs 0070-0075 of Bassoli to incorporate calculating a network latency value between the first audio playback device and the second audio playback device; playback time calculated based on the network latency value; wherein each of the first audio playback device and the second audio playback device calculates a respective playback timing, as taught by Sheth, since both Bassoli and Sheth identically disclose measuring network latency in order to ensure audio playback device synchronization amongst devices disclosed in Paragraph 0011, 0066 of Bassoli; and Paragraphs 0043, 0061-0062, 0075, 0079 of Sheth.
Claim 2, Bassoli discloses where displaying the playlist identifying a plurality of songs comprises: displaying, in the user interface of either the first audio playback device or the second audio playback device, the playlist identifying a plurality of songs (Paragraphs 0070-0072, 0075, Figures 5-7).
Claim 3, Bassoli discloses control of the song, or (ii) navigation to another song of the plurality of songs (Paragraphs 0070-0072, 0075, Figures 5-7).
Claim 4, Bassoli discloses receiving, by the processor via the user interface, a playback selection of the set of playback selections that enables playback control of the song, and controlling playback of the song by the first audio playback device and the second audio playback device according to the playback selection. (Paragraphs 0070-0072, 0075, Figures 5-7).
Claim 5, Bassoli discloses wherein displaying the playlist identifying the plurality of songs comprises: enabling a user to browse, via the user interface, a set of playlists comprising the playlist, receiving a selection, via the user interface, of the playlist from the set of playlists, and after receiving the selection, displaying, via the user interface, the playlist identifying the plurality of songs (Paragraphs 0070-0072, 0075, Figures 5-7).
Claim 6, Bassoli discloses wherein receiving the selection to initiate playback of the song comprises: receiving, by the processor via the user interface, a song selection of the song displayed in the user interface (Paragraphs 0070-0072, 0075, Figures 5-7).
Claim 7, Bassoli discloses wherein displaying the playlist identifying a plurality of songs comprises: displaying, in the user interface, (i) the playlist identifying the plurality of songs, and (i) a title of each song of the plurality of songs (Paragraphs 0070-0072, 0075, Figures 5-7).
Claim 9, Bassoli discloses wherein either the first audio playback device or the second audio playback device comprises the user interface (Paragraphs 0070-0072, 0075, Figures 5-7).
Claim 10, Bassoli discloses wherein the processor is further configured to: cause the user interface to display set of playback selections that enables (i) playback control of the song, or (ii) navigation to another song of the plurality of songs (Paragraphs 0070-0072, 0075, Figures 5-7).
Claim 11, Bassoli discloses wherein the processor is further configured to: enables playback control of the song, and control playback of the song by the first audio playback device and the second audio playback device according to the playback selection (Paragraphs 0070-0072, 0075, Figures 5-7).
Claim 12, Bassoli discloses wherein to cause the user interface to display the playlist identifying a plurality of songs, the processor is configured to: enable a user to browse, via the user interface, a set of playlists comprising the playlist, receive a selection, via the user interface, of the playlist from the set of playlists, and after receiving the selection, cause the user interface to display the playlist identifying the plurality of songs (Paragraphs 0070-0072, 0075, Figures 5-7).
Claim 13, Bassoli discloses wherein to receive the selection to initiate playback of the song, the processor is configured to: receive, via the user interface, a song selection of the song displayed in the user interface (Paragraphs 0070-0072, 0075, Figures 5-7).
Claim 14, Bassoli discloses wherein to cause the user interface to display the playlist identifying a plurality of songs, the processor is configured to: cause the user interface to display (i) the playlist identifying the plurality of songs, and (i) a title of each song of the plurality of songs (Paragraphs 0070-0072, 0075, Figures 5-7).
Claim 16, Bassoli discloses where displaying the playlist identifying a plurality of songs comprises: displaying, in the user interface of either the first audio playback device or the second audio playback device, the playlist identifying a plurality of songs (Paragraphs 0070-0072, 0075, Figures 5-7).
Claim 17, Bassoli discloses wherein the operations further comprise: control of the song, or (ii) navigation to another song of the plurality of songs. (Paragraphs 0070-0072, 0075, Figures 5-7).
Claim 18, Bassoli discloses wherein the operations further comprise: receiving, via the user interface, a playback selection of the set of playback selections that enables playback control of the song, and controlling playback of the song by the first audio playback device and the second audio playback device according to the playback selection (Paragraphs 0070-0072, 0075, Figures 5-7).
Claim 19, Bassoli discloses wherein displaying the playlist identifying the plurality of songs comprises: enabling a user to browse, via the user interface, a set of playlists comprising the playlist, receiving a selection, via the user interface, of the playlist from the set of playlists, and after receiving the selection, displaying, via the user interface, the playlist identifying the plurality of songs (Paragraphs 0070-0072, 0075, Figures 5-7).
Claim 20, Bassoli discloses wherein receiving the selection to initiate playback of the song comprises: receiving, via the user interface, a song selection of the song displayed in the user interface (Paragraphs 0070-0072, 0075, Figures 5-7).
Response to Arguments
Applicant’s arguments have been considered but are not found persuasive. Examiner submits that Bassoli does not disclose calculating a network latency value between the first audio playback device and the second audio playback device; playback time calculated based on the network latency value; wherein each of the first audio playback device and the second audio playback device calculates a respective playback timing. However, Sheth discloses calculating a network latency value between the first audio playback device and the second audio playback device; playback time calculated based on the network latency value; wherein each of the first audio playback device and the second audio playback device calculates a respective playback timing (Paragraphs 0043, 0061-0062, 0075, 0079). Examiner submits that each of the first and second audio playback devices calculate a respective playback timing according to Paragraph 0075 which discloses how session manager 41 of source device 40A may use the Real-time Transport Control Protocol (RTCP) to measure the time offset as well as the transmission delay between source device 40A and each of sink devices 42. Based on the RTCP feedback received from each of sink device 42, source device 40A adjusts the presentation time stamp (PTS) for local rendering at source device 40A. Each of sink devices 42 may also receive RTCP feedback from the other sink devices 42 to adjust the PTS for local rendering at the respective sink device. It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention was made to modify and improve the synchronous audio playback system of Paragraphs 0070-0075 of Bassoli to incorporate calculating a network latency value between the first audio playback device and the second audio playback device; playback time calculated based on the network latency value; wherein each of the first audio playback device and the second audio playback device calculates a respective playback timing, as taught by Sheth, since both Bassoli and Sheth identically disclose measuring network latency in order to ensure audio playback device synchronization amongst devices disclosed in Paragraph 0011, 0066 of Bassoli; and Paragraphs 0043, 0061-0062, 0075, 0079 of Sheth.
Conclusion
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/ANKUR JAIN/Primary Examiner, Art Unit 2649
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