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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 6/16/26 has been entered.
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 29 and 30 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 applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Claims 29 and 30 set forth that the audio device is a “out-loud” speaker and it’s use in the claimed method. This feature is not supported by the originally filed written specification and therefor constitutes new matter that must be cancelled.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 31-32 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Franco (US 2024/0015459 A1).
Re claim 31: Franco teaches a method comprising:
configuring a first set of acoustic properties (by use of filters (222(1) and 222(2)), figure 4 to be applied to an audio device in response to detecting an identifier (indication signal, paragraph [0055]) for a given location; wherein the identifier is associated with a group of audio devices in the location (note acoustic adjustment can be made to each of the speaker units as depicted in figure 4 depending upon the location to which they are moved including joining, i.e. reconnecting a speaker unit (such as 104 or 204) to speaker unit (102 or 202) in the group of devices);
in response to detecting the identifier, automatically applying the first set of acoustic properties to the audio device for audio playback, paragraph [0086], “generates filters 222 for each of the hub speaker unit 202 and the speaker unit 204 to use when reproducing audio signals”, wherein detecting the identifier indicates the audio device is physically proximate to the given location (charging port or another fixed point), paragraph [0055] or connection to another speaker unit , such as a charging port, paragraph [0109]) and wherein automatically applying the first set of acoustic properties includes joining the audio device with the group of audio devices in the location (note acoustic adjustment can be made to each of the speaker units as depicted in figure 4 depending upon the location to which they are moved including joining, i.e. reconnecting a speaker unit (such as 104 or 204) to speaker unit (102 or 202) in the group of devices); and
in response to no longer detecting the identifier (i.e. detecting that a speaker has been moved from an initial position to another location in which a new identifier is detected), automatically applying a second set of acoustic properties to the audio device for audio playback (applying a new filter, such as (510), figure 5, the second set of acoustic properties being different from the first set of acoustic properties in at least one aspect (filtering, paragraphs [0086-0087] for steering of a soundwave when rendering or to provide a larger soundwave when the speaker is positioned at a remote location) wherein no longer detecting the identifier indicates the audio device is no longer physically proximate to the given location, wherein automatically applying the second et of acoustic properties includes removing the audio device from the group of audio devices in the location (as seen from figure 3 removing of an audio device from a grouping of speakers 302 when connected to speakers at reference location 308 to a different location such as 306 both of which locations acoustic properties are applied).
Also note each speaker (202, 204) forms part of a speaker group, with position of each based on being moved from an initial position to another location (charging port) and with the audio output from each being adjusted through the use of filters according to its location for forming a specific a sound field from each (paragraph [0026]) along with figure 5 block (516) that initiates audio output of hub speaker unit
Re claim 32: note the identifier signal(s) in Franco are unique and are not written anywhere in the arrangement
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, 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-7, 15,17, 19, 21-25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Franco (US2024/0015459 A1) in view of Wilberding et al., US 2020/02882800 (both already on record).
Re claim 1: Franco teaches a method comprising:
configuring a first set of acoustic properties (by use of filters (222(1) and 222(2)), figure 4 to be applied to an audio device in response to detecting an identifier (indication signal, paragraph [0055]) for a given location; wherein the identifier is associated with a group of audio devices in the location (note acoustic adjustment can be made to each of the speaker units as depicted in figure 4 depending upon the location to which they are moved including joining, i.e. reconnecting a speaker unit (such as 104 or 204) to speaker unit (102 or 202) in the group of devices);
in response to detecting the identifier, automatically applying the first set of acoustic properties to the audio device for audio playback, paragraph [0086], “generates filters 222 for each of the hub speaker unit 202 and the speaker unit 204 to use when reproducing audio signals”, wherein detecting the identifier indicates the audio device is physically proximate to the given location (charging port or another fixed point), paragraph [0055] or connection to another speaker unit , such as a charging port, paragraph [0109]) and wherein automatically applying the first set of acoustic properties includes joining the audio device with the group of audio devices in the location (note acoustic adjustment can be made to each of the speaker units as depicted in figure 4 depending upon the location to which they are moved including joining, i.e. reconnecting a speaker unit (such as 104 or 204) to speaker unit (102 or 202) in the group of devices); and
in response to no longer detecting the identifier (i.e. detecting that a speaker has been moved from an initial position to another location in which a new identifier is detected), automatically applying a second set of acoustic properties to the audio device for audio playback (applying a new filter, such as (510), figure 5, the second set of acoustic properties being different from the first set of acoustic properties in at least one aspect (filtering, paragraphs [0086-0087] for steering of a soundwave when rendering or to provide a larger soundwave when the speaker is positioned at a remote location) wherein no longer detecting the identifier indicates the audio device is no longer physically proximate to the given location, wherein automatically applying the second et of acoustic properties includes removing the audio device from the group of audio devices in the location (as seen from figure 3 removing of an audio device from a grouping of speakers 302 when connected to speakers at reference location 308 to a different location such as 306 both of which locations acoustic properties are applied).
Franco does not teach to remove an audio device from a group of devices including discontinuing audio output from the device while audio continues with the remainder of devices. Wilberding et al. teaches in a similar environment that audio devices can be removed from a group of devices, paragraph [0132] and as seen from the discussion in paragraphs [0315-0316,0132] audio output and control thereof are provided to those playback devices present in a given configuration thereby forming a different configuration for playback; stopping audio playback in the playback device by removing the playback device from the synchrony group. It would have been obvious to one of ordinary skill in the art before the filing of the invention to incorporate this teaching into the arrangement of Franco to predictably provide a way of forming a different configuration for playback. Therefor the claimed subject matter would have been obvious before the filing of the invention.
Re claim 21: this claim contains many same features as provided in claim 1, with these features satisfied by the teaching of Franco for similar reasons. Additionally, Franco teaches an electro-acoustic transducer (loudspeakers 210) and a processor (212) as set forth. Franco does not teach providing audio as a stand-alone speaker. Wilberding et al. teaches in a similar environment that by removing playback devices as discussed above obviously forms a different configuration as discussed and a given zone may include only a stand-alone speaker (an individual playback device) as taught in paragraph [0101]. It would have been obvious to one of ordinary skill in the art before the filing of the invention to incorporate this teaching of Wilberding et al. into the arrangement of Franco to predictably provide a way of forming a different configuration including a stand-alone configuration for playback. Therefor the claimed subject matter would have been obvious before the filing of the invention.
Re claim 2: see Franco, paragraph [0026] in which assigning of a location, i.e. position information is stored
Re claims 3 and 24: see discussion in Franco, paragraphs [0027-0028] in which a reference position of a speaker unit includes position locations such as living room satisfying at least as alternatively claimed indoor indicator.
Re claim 4: note the reference position as discussed in Franco, paragraph [0028] is used to determine other positions within the environment at which other positions acoustic properties (by the use of filters and/or larger soundwaves are used when loudspeakers are positioned at these location(s)
Re claim 5: see Franco, paragraph [0035] in which equalization of audio can be performed satisfying the alternatively claimed possible acoustic feature.
Re claim 6: note Franco, speaker unit (202) having software (stored instructions), paragraph [0141] can be a smart device, paragraph [0027]
Re claim 7: the claimed dock is satisfied by at least a charging port, paragraph [0109] in which a speaker unit is being connected, with the location of such a charging port indicating the location of an audio device when the audio device is connected thereto.
Re claim 15: Note Franco, paragraphs [0025, 0048 and 0057] teaching each type of claimed sensor used in determining speaker location
Re claim 17: note the arrangement in Franco there are a plurality of speakers (figure 4), each obtaining specific filtering to provide a n acoustic setting corresponding to that speaker’s location.
Re claim 19: as seen from figure 4 of Franco it appears speaker (104(1) and 104(2) are similar and therefore could be interchangeably placed with one another and with each used with an identifier for detecting a change in position of the speaker from an initial position to a new position.
Re claim 22: the claimed dock is satisfied by the charging port, Franko, paragraph [0109]
Re claim 23: note in Franco each location of a speaker has a corresponding identifier for that location and at which location acoustic properties used by the use of filters for that location.
Re claim 25: the acoustic properties for a given location are determined by the use of the filter (222) for that location
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Franco (US2024/0015459 A1) in view of Wilberding et al. as applied to claims 1-7, 15,17, 19, 21-25 and further in view of Christian (US 2008/0056516 A1)
Re claim 18: The teaching of Franco in view of Wilberding et al. is discussed above and incorporated herein. Although Franco teaches that the speaker arrangement can be used in home theaters, paragraph [0002], neither Franco or Wilberding et al. teach that the audio devices used are of the same make or model as alternatively set forth. Christian teaches in a similar home theater arrangement that the speakers used except for the subwoofer are of the same model thereby providing matching timbrel characteristics on each channel (paragraph [0044]). It would have been obvious to one of ordinary skill in the art before the filing of the invention to incorporate this teaching of Christian into the arrangement of Franco in view of Wilberding et al., as applied to predictably provide a home theater speaker arrangement providing matching timbrel characteristics on each channel. Therefor the claimed subject matter would have been obvious before the filing of the invention.
Allowable Subject Matter
Claims 16, 29-30 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: The claimed method including those features of claim 15/1 wherein the identifier includes a unique, non-writable identifier including a device-specific identifier, a model type, and a capabilities indicator, and wherein the close proximity is approximately 30 centimeters as set forth in claim 16 is neither taught by nor an obvious variation of the art of record. The claimed method including those features of claim 1 wherein the audio device includes a portable out-loud speaker providing audio output prior to detecting the identifier for the given location and the remainder of the group of audio devices is not providing audio output prior to detecting the identifier for the given location, and wherein joining the audio device with the group of audio devices in the location includes automatically initiating coordinated audio output at the remainder of the group of audio devices along with the audio output at the portable out-loud speaker as set forth in claim 29 is neither taught by nor an obvious variation of the art of record. The claimed method including those features of claim 1, wherein the audio device includes a portable out-loud speaker not providing audio output prior to detecting the identifier for the given location and the remainder of the group of audio devices is providing audio output prior to detecting the identifier for the given location, and wherein joining the portable out-loud speaker with the group of audio devices in the location includes automatically initiating coordinated audio output at the portable out-loud speaker along with the audio output at the remainder of the group of audio devices as set forth in claim 30 is neither taught by nor an obvious variation of the art of record.
Response to Arguments
Applicant's arguments filed 5/14/26, 6/16/26 have been fully considered but they are not persuasive. Concerning applicant’s arguments re-claims 1 and 21: Wilberding et al. was not applied for teaching of applying playback transitions based on gestures. While applicant is correct that Wilberding et al. teaches an approach that relies on "swap gestures to "pull" or "push" playback; Wilberding et al. was used in the rejection to teach to add and/or remove a playback device to and/or from a zone; paragraph [0132]. Also, when there is only one playback device being used as discussed in paragraph [0101] of Wilberding et al. this device is considered a stand-alone speaker as set forth. Concerning claim 31: applicant argues that Franco does not teach "joining the audio device with a group of audio device" as set forth. Examiner does not agree since this feature is satisfied by reconnecting a speaker unit (such as 104 or 204) to speaker unit (102 or 202) in the group of devices.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW SNIEZEK whose telephone number is (571)272-7563. The examiner can normally be reached Monday-Friday 7:00 AM-3:30 PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ahmad Matar can be reached at 571-272-7488. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANDREW SNIEZEK/Primary Examiner, Art Unit 2693
/A.S./Primary Examiner, Art Unit 2693 8/4/26
Prosecution Insights