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 .
Information Disclosure Statement
The information disclosure statements filed 9/30/25, 6/27/24 and 6/27/24 have been considered.
Drawings
The drawings filed 2/13/24 are acceptable to the examiner.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 20 recites the limitation "the at least one microphone" in line 4. There is insufficient antecedent basis for this limitation in the claim. Also, in is unclear where such a microphone is located.
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-4, 6-8, 12-15, 17-18 and 21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kusano (US 2014/0006587 A1), cited by applicant.
Re claims: 1, 12 and 21: Kusano teaches as set forth in each of independent claims 1, 12 and 21 to reproduce one or more first audio channels of audio content in synchrony with reproduction of one or more second audio channels of the audio content by another playback device (paragraph [0040]); detect a trigger event indicating that the playback device is in proximity of the other playback device, wherein the trigger event comprises detection of a change in position of the playback device relative to the other playback device (see discussion in paragraphs [0085-0086] by the detection of a playback device has been removed or returned to a playback network, thus being in proximity or not in proximity with another playback device); after detection of the trigger event , retrieve configuration information related to the playback device(s),(that updated information that determines what is going to be played by each device now in the playback network of devices); retrieve preference information indicating the preference of at least one user (See user controlled controller (500) discussed in paragraph [0055]); based on the configuration information and the preference information cause an allocation of channels between the playback units (discussed in paragraph [0056] along with that as discussed in paragraph [0040] which controls those channels being play by the playback device and the other playback device (such as players 106 and 108) including one or more third channels (when producing separate sounds in the right and left channels) as discussed in paragraph [0040]). Additionally with respect to claim 1, Kusano teaches a communication interface to a data network (paragraph [0036] and paragraph [0047], element (402)), an amplifier (paragraph [0026], built-in amplifiers) and processor (408) along with a non-transitory medium (410) and its use (paragraph [0050]). Similar media and processor of claim 21 for control are satisfied by elements (410) and (408) along with discussion in paragraph [0050].
Re claims 2 and 13: see discussion in paragraph [0040] when playing the same audio source in synchrony by the two players
Re claims 3 and 14: see discussion in paragraph [0040] when playing separate sounds in left and right channels of the players, satisfying as set forth one or more third audio channels
Re claims 4 and 15: note in Kusano, one of the players (such as 106) can be positioned to the left of another player (such as 108) therefor relative positions of the players are determined and as discussed in paragraph [0040] one of the players used, i.e. assigned for left audio channel and the other used for a right audio channel.
Re claims 6 and 17: see discussion in paragraph [0055] teaching the use of a module (512) allowing for playback options (such volumes of the players) which when selected are provided by an indication (control signals to drive a display screen for display)
Re claims 7 and 18: the use of a sensor to detect movement of a playback device is deemed satisfied by structure needed for “proximity detection” as discussed in paragraph [0081].
Re claim 8: note that the trigger event detected (see discussion in paragraphs [0085-0086] by the detection of a playback device has been removed or returned to a playback network, thus being in proximity or not in proximity with another playback device) can be achieved by the use of a sensor (proximity detection, paragraph [0081])
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) 5 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kusano in view of Kadri (US 9,794,720 B1)
Re claims 5 and 16: The teaching of Kusano is discussed above and incorporated herein. Kusano does not teach to use an emitted sound from one device to be detected by another device to determine a relative position between the devices as set forth. Kadri teaches in a similar arrangement to determine relative positions between devices, one device emits a sound (test sound), the other device detects the emitted sound which are then analyzed for such a determination (column 3, lines 22-35) It would have been obvious to one of ordinary skill in the art before the filing of the invention to incorporate this teaching of Kadri into the arrangement of Kusano to predictably provide a means for detecting relative locations between devices. Therefor the claimed subject matter would have been obvious before the filing of the invention.
Allowable Subject Matter
Claims 9-11 and 19 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.
Claim 20 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include 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 device as provided by the limitations of claim 8/7/1 which additionally after detection of movement of the playback device, cause the other playback device to emit a wireless signal; detect, using the communication interface, the wireless signal; and based on the detected wireless signal, determine whether the playback device is in proximity to the other playback device as set forth in claim 9 is neither taught by nor an obvious variation of the art of record. The method of claim 18/12 which additionally after detection of movement of the playback device, cause the other playback device to emit a wireless signal; detect the wireless signal emitted by the other playback device; and based on the detected wireless signal, determine whether the playback device is in proximity to the other playback device as set forth in claim 19 is neither taught by nor an obvious variation of the art of record. The claimed device as provided by the limitations of claim 8/7/1 wherein the playback device comprises at least one microphone and wherein the program instructions that are executable by the at least one processor such that the playback device is configured to detect the trigger event comprise program instructions that are executable by the at least one processor such that the playback device is configured to: after detection of movement of the playback device, cause the other playback device to emit an acoustic signal; detect, using the at least one microphone, the acoustic signal; and based on the detected acoustic signal, determine whether the playback device is in proximity to the other playback device as set forth in claim 10 is neither taught by nor an obvious variation of the art of record. The limitations of claim 11 depend upon those features of claim 10/8/7/1. The claimed method including those features of claim 18/12 wherein detecting the trigger event comprises: after detection of movement of the playback device, causing the other playback device to emit an acoustic signal; detecting, using the at least one microphone, the acoustic signal; and based on the detected acoustic signal, determining whether the playback device is in proximity to the other playback device as set forth in claim 20 is neither taught by nor an obvious variation of the art of record.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Yore et al. having the same assignee as the present application teaches a related arrangement to the claimed invention of the present application.
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/ANDREW SNIEZEK/ Primary Examiner, Art Unit 2693
/A.S./Primary Examiner, Art Unit 2693 12/17/25