The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
The specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
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.
Claims 1, 2, 4, 7, 8, 10, 13, 14, and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Smus et al. (US 2020/0092641) considered with Peters et al. (US 2016/0309269).
Smus discloses a portable playback device 104/502 (e.g., headphones), a system comprising the portable playback device 104/502, and at least one non-transitory computer-readable medium comprising program instructions that are executable by at least one processor such that the portable playback device 104/502 is configured to perform functions (see para. 0087-0088), the portable playback device 104/502 comprising: at least one audio transducer 506; a network interface 508 comprising at least one antenna (see para. 0039, regarding “the smartphone 108 may be paired with the headphones 104 through a BLUETOOTH connection, an 802.11 WI-FI connection, or another type of wireless data connection over which audio or other media content may be streamed”); at least one processor and data storage, and program instructions stored on the data storage that, when executed by the at least first processor, cause the portable playback device 104/502 to perform the functions (see para. 0087-0088), comprising: establishing concurrent connections to (i) a first source 108/504a (e.g., smartphone) over a network via the network interface 508 and (ii) a second source 106/504b (e.g., laptop) over a network via the network interface 508 (see para. 0036, regarding “the headphones may be capable of maintaining concurrent wireless connections with multiple different streaming devices”); receiving, from the second source 106/504b via the network interface 508, a first audio stream 112b; assigning, via playback software, the first audio stream 112b as a now playing owner; while the first audio stream 112b is assigned as the now playing owner, playing back the first audio stream 112b via the playback software and the at least one audio transducer 506 (see para. 0068, regarding “in some implementations, a first type of user input may indicate that the user intends to switch connections from the first audio-streaming device [e.g., smartphone 108] to a second audio-receiving device [e.g., laptop 106]. …Even if the first wireless data connection is not terminated, switching can at least involve ceasing to play audio streamed from the first audio-streaming device [smartphone 108] and establishing the new connection with the second audio-streaming device to play audio streamed from the second device [laptop 106]”); while playing back the first audio stream 112b, receiving, via a control interface, an input representing a volume adjustment command; and based on receiving the input representing the volume adjustment command, (i) causing, via the playback software, a network interface manager of the network interface to set a volume level associated with the network interface according to the volume adjustment command (see para. 0071, regarding receiving an input representing a volume adjustment command to set a volume level according to the volume adjustment command) and (ii) setting, via the playback software, a local volume level according to the volume adjustment command (note that this can be interpreted as adjusting the volume level of the audio currently played back through the audio transducer 506 of the headphones, wherein in the case of a concurrent connection where one audio stream 112b is being played and another audio stream 112a is ceased to be played (see para. 0068), the local volume level of the headphones is adjusted according to the input representing the volume adjustment command as claimed).
Smus discloses the invention as claimed, but fails to specifically teach either: that the portable playback device 104/502 (e.g., headphones) includes at least one battery; or that the network interface 508 includes a first network interface comprising at least one first antenna for connection of the first source 108/504a (e.g., smartphone) and a second network interface comprising at least one second antenna for connection of the second source 106/504b (e.g., laptop).
Peters discloses a playback device 200 (see fig. 2) including at least one audio transducer 212, network interfaces 214, a processor 202, data storage 206, and further including at least one battery (see para. 0018), in the same field of endeavor, for the purpose of not requiring the playback device 200 to be coupled to a continuous power source via a wire thereby allowing the playback device 200 to be more portable. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify Smus, in view of Peters, such that the portable playback device 104/502 includes at least one battery. A practitioner in the art would have been motivated to do this for the purpose of not requiring the playback device 104/502 to be coupled to a continuous power source via a wire thereby allowing the playback device 104/502 to be more portable.
Peters further discloses that the playback device 200 (see fig. 2) includes a wireless network interface 216 having a plurality of wireless network interfaces, which can include a first network interface comprising at least one first antenna for connection of a first source and a second network interface comprising at least one second antenna for connection of a second source, in the same field of endeavor, for the purpose of wireless connection to a plurality of audio sources each operating on different wireless networks with different configuration parameters. See para. 0034, regarding “the wireless interface(s) 216 may provide network interface functions for the playback device 200 to wirelessly communicate with other devices (e.g., other playback device(s), speaker(s), receiver(s), network device(s), control device(s) within a data network the playback device 200 is associated with) in accordance with a communication protocol (e.g., any wireless standard…). The wireless interface(s) 216 may include one or more radios, which may be separately operable, selectively powered on/off, disabled/enabled, etc. based on one or more configuration parameters and/or operation criterion”. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to further modify Smus, in further view of Peters, such that the network interface 508 includes a first network interface comprising at least one first antenna for connection of the first source 108/504a (e.g., smartphone) and a second network interface comprising at least one second antenna for connection of the second source 106/504b (e.g., laptop). A practitioner in the art would have been motivated to do this for the purpose of establishing concurrent wireless connections to the first source 108/504a operating within a first network (e.g., BLUETOOTH) and to the second source 106/504b operating within a second network (e.g., 802.11 WI-FI).
Further regarding claims 1, 7, and 13, and regarding claims 2, 4, 8, 10, 14, and 16, Smus discloses that data representing a volume adjustment command is received, and the volume level associated with the volume adjustment command causes the playback software to adjust the local volume setting according to the volume adjustment command (see para. 0071, regarding receiving an input representing a volume adjustment command to set a volume level according to the volume adjustment command), but fails to specifically teach that the volume adjustment command data is received via a network interface over a network from a control device. Peters discloses adjusting the volume of a playback device 200 by a user interface 306 located on a control device 300 (see figs. 2-3), wherein the volume control data is transmitted to the playback device 200 via a network through a network interface (see para. 0046-0049), in the same field of endeavor, for the purpose of using a network to transmit a volume control command from the control device 300 to the playback device 200 to control volume of the playback device 200 (note: the control device 300 can be a smartphone or a laptop or a remote device connected to the playback device 200 via a network; see para. 0046). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to further modify Smus, in further view of Peters, such that the volume adjustment command is received via a network interface over a network from a control device as claimed. A practitioner in the art would have been motivated to do this for purpose of controlling the volume of the portable speaker 104/502 (e.g., headphones) via a user interface located on the connected network devices 108/504a (e.g., smartphone) and 106/504b (e.g., laptop), or another control device, via a network connecting the respective device to the portable speaker 104/502.
Claims 3, 9, and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Smus et al. (US 2020/0092641) considered with Peters et al. (US 2016/0309269), as applied to claims 1, 7, and 13 above, in further view of Masuyama (US 2010/0166207).
Smus, as modified and applied to claims 1, 7, and 13 above, discloses the invention as claimed, but does not specifically teach that the control interface for receiving a volume adjustment command is a physical control interface carried by a housing of the portable playback device 104/502 (e.g., headphones), wherein receiving the input representing the volume adjustment command comprises: generating, via a kernel driver, an interrupt when a volume up portion of the physical control interface is pressed; and based on generating the interrupt, generating, via the kernel driver, a volume change event, wherein the volume change event is transmitted to the playback software.
Masuyama discloses headphones (see figs. 10-11) including a control interface 24 carried by a housing of the headphones, wherein an input representing a volume adjustment command is received by the headphones when a volume up portion 24A of the physical control interface 24 is pressed and based on the pressing of the volume up portion 24A, a volume change even is generated and transmitted to playback software to be executed by a processor 40 (see fig. 22 and para. 0195, regarding “the CPU 40 operates even solely in response to the operation of an operating unit 44 (i.e. the above-described volume adjustment key 24, …) and so on”), in the same field of endeavor, for the purpose of adjustment of volume of the headphones based on a physical user interface 24 located on the headphones wherein the volume adjustment command is processed by software executed by a processor.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to further modify Smus, in view of Masuyama, such that the control interface for receiving a volume adjustment command is a physical control interface carried by a housing of the portable playback device 104/502 (e.g., headphones), wherein receiving the input representing the volume adjustment command comprises: generating, via a kernel driver, an interrupt when a volume up portion of the physical control interface is pressed; and based on generating the interrupt, generating, via the kernel driver, a volume change event, wherein the volume change event is transmitted to the playback software as claimed. A practitioner in the art would have been motivated to do this for the purpose of adjustment of volume of the portable playback device 104/502 (e.g., headphones) based on a physical user interface located on the headphones wherein the volume adjustment command is processed by software executed by a processor as claimed.
Claims 5, 6, 11, 12, 17, and 18 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.
Applicant's arguments filed October 30, 2025 have been fully considered but they are not persuasive. The applicant argues that “claim 1 is patentable over Smus in view of Peters because these references fail to disclose or suggest each and every feature of claim 1 including, ‘based on receiving the input representing the volume adjustment command, (i) causing, via the playback software, a network interface manager of the second network interface to set a volume level associated with the second network interface according to the volume adjustment command and (ii) setting, via the playback software, a local volume level according to the volume adjustment command’”. The examiner respectfully disagrees. As explained in the rejection above, Smus discloses: while playing back the first audio stream 112b (from laptop 106), receiving, via a control interface, an input representing a volume adjustment command; and based on receiving the input representing the volume adjustment command, (i) causing, via the playback software, a network interface manager of the network interface to set a volume level associated with the network interface according to the volume adjustment command (see para. 0071, regarding receiving an input representing a volume adjustment command to set a volume level according to the volume adjustment command) and (ii) setting, via the playback software, a local volume level according to the volume adjustment command. Note that “setting … a local volume level according to the volume adjustment command” can be interpreted to be adjusting the volume level of the audio currently played back through the audio transducer 506 of the headphones, wherein in the case of a concurrent connection where one audio stream 112b is being played and another audio stream 112a is ceased to be played (see para. 0068), the local volume level of the headphones is adjusted according to the input representing the volume adjustment command as claimed.
The applicant further argues that “this limitation of claim 1 requires two different types of volume levels to be set according to the same ‘volume adjustment command’”. The applicant argues that Smus’ teaching of independent volume adjustment in para. 0071 is teaching away from this claim limitation. The examiner respectfully disagrees. The independent volume adjustment, as taught by Smus in para. 0071, is one example of volume adjustment which can be performed when two audio streams are simultaneously played back by the audio transducer of the headphones. However, this is not the only scenario of two audio streams which are concurrently connected to the headphones. Smus further teaches in para. 0068, that “even if the first wireless data connection is not terminated, switching can at least involve ceasing to play audio streamed from the first audio-streaming device and establishing the new connection with the second audio-streaming device to play audio streamed from the second device”. In this other scenario of concurrent connections, an audio volume adjustment command will pertain to only the currently played audio stream (e.g., the claimed first audio stream 112b from laptop 106). As explained in the rejection above, “setting … a local volume level according to the volume adjustment command” can be interpreted to be adjusting the volume level of the audio currently played back through the audio transducer 506 of the headphones, wherein in the case of a concurrent connection where one audio stream 112b is being played and another audio stream 112a is ceased to be played (para. 0068), the local volume level of the headphones is adjusted according to the input representing the volume adjustment command as claimed.
The applicant further argues that “Smus does not go into detail to suggest that this setting is set of ‘a network interface manager of the second network interface,’ as claimed”. The examiner respectfully disagrees in that Smus, at least in view of Peters, discloses this limitation. As explained in the rejection above, Peters discloses adjusting the volume of a playback device 200 by a user interface 306 located on a control device 300 (see figs. 2-3), wherein the volume control data is transmitted to the playback device 200 via a network through a network interface (see para. 0046-0049), in the same field of endeavor, for the purpose of using a network to transmit a volume control command from the control device 300 to the playback device 200 to control volume of the playback device 200 (note: the control device 300 can be a smartphone or a laptop or a remote device connected to the playback device 200 via a network; see para. 0046). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to further modify Smus, in further view of Peters, such that the volume adjustment command is received via a network interface over a network from a control device as claimed. A practitioner in the art would have been motivated to do this for purpose of controlling the volume of the portable speaker 104/502 (e.g., headphones) via a user interface located on the connected network devices 108/504a (e.g., smartphone) and 106/504b (e.g., laptop), or another control device, via a network connecting the respective device to the portable speaker 104/502.
Accordingly, the rejections are deemed correct and are maintained.
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PAUL W HUBER whose telephone number is (571)272-7588. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Duc Nguyen, can be reached at telephone number 571-272-7503. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PAUL W HUBER/Primary Examiner, Art Unit 2691
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January 26, 2026