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 .
Claim Objections
Claim 5 is objected to because of the following informalities: “the first playback device” should be changed to “the first media playback device”. Appropriate correction is required.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11,803,349. Although the claims at issue are not identical, they are not patentably distinct from each other because claims of the instant application are generally broader than the claims of the parent Patent with wording variations. For example, claim 1 of parent includes limitation regarding transmitting, via the first computing device to a third computing device associated with a metadata service provider distinct from the media content service, a request for an audio setting specific to the first audio item, wherein the audio setting includes one or more of an equalization setting, a phase setting, or a volume setting that provides a suggested listening experience specific to the first audio item; after receiving the data and after transmitting the request via the first computing device to the third computing device, receiving, via the first computing device, the audio setting from the third computing device, wherein the data and the audio setting are received from different devices, and wherein the data is received separately from the audio setting; and causing, via the first computing device, the playback device to play the first audio item according to the audio setting. Similarly claim 1 of the instant application includes transmitting, to a settings server, metadata for the first audio content item, receiving, from the settings server, a first audio setting for the first audio content based on the transmitted metadata, causing the second media playback device to play the first audio content item according to the received first audio setting, receiving a command to cause the second media playback device to stream a second audio content item from a first streaming audio service, receiving, from the first streaming audio service, a second audio setting for the second audio content item, and causing the second media playback device to stream the second audio content item according to the received second audio setting. The claim 14 of the instant application also includes wherein the first audio setting includes one or more of an equalization setting, a phase setting, or a volume setting that provides a suggested listening experience specific to the first audio content item.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-18 of U.S. Patent No. 10,061,556. Although the claims at issue are not identical, they are not patentably distinct from each other because claims of the instant application are generally broader than the claims of the parent Patent with wording variations. For example, claim 1 of parent includes limitation regarding receiving, via the playback device over the one or more networks from the first computing device, one or more audio settings associated with the first media item, the one or more audio settings corresponding to the first media item and the one or more characteristics of the playback device. Similarly the instant application’s claim 1 includes receiving, from the settings server, a first audio setting for the first audio content based on the transmitted metadata, causing the second media playback device to play the first audio content item according to the received first audio setting, and claim 7 includes wherein the received first audio setting is further based on the one or more characteristics of the second media playback device.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-30 of U.S. Patent No. 9,367,283. Although the claims at issue are not identical, they are not patentably distinct from each other because claims of the instant application are generally directed to similar subject matter as the claims of the parent Patent with wording variations. For example, claim 1 of parent includes limitation regarding identifying, via the computing device, an audio setting that corresponds to (i) the media item and (ii) one or more characteristics of the playback device; causing, via the computing device, the source computing device to transmit metadata associated with the media item to the playback device, wherein the metadata indicates the identified audio setting; and causing, via the computing device, the playback device to play the media item according to the identified audio setting. Similarly the instant application’s claim 1 includes receiving, from the settings server, a first audio setting for the first audio content based on the transmitted metadata, causing the second media playback device to play the first audio content item according to the received first audio setting, and claim 7 includes wherein the received first audio setting is further based on the one or more characteristics of the second media playback device.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11,853,184. Although the claims at issue are not identical, they are not patentably distinct from each other because claims of the instant application are generally directed to similar subject matter as the claims of the Patent with wording variations. For example, the claims of the Patent are also directed toward applying sound profiles such as equalization from external source based on audio content being played.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11,429,502. Although the claims at issue are not identical, they are not patentably distinct from each other because claims of the instant application are generally directed to similar but broader subject matter as the claims of the Patent with wording variations. For example, the claims of the Patent are also directed toward applying sound profiles such as equalization from external source based on audio content being played.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-29 of U.S. Patent No. 11,327,864. Although the claims at issue are not identical, they are not patentably distinct from each other because claims of the instant application are generally directed to similar but broader subject matter as the claims of the Patent with wording variations. For example, the claims of the Patent are also directed toward applying sound profiles such as equalization from external source based on audio content being played, and adjusting the settings in the profile to generate a modified sound profile.
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.
Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Brenner et al. (US 2015/0073574) in view of Kallai et al. (US 2012/0096125).
Claim 1
Brenner teaches a media playback system comprising:
a first media playback device ([0015] Example content providers 110 may
include …networked computing devices (e.g., mobile devices on a network));
a second media playback device ([0015] Example content providers 110 may
include …networked computing devices (e.g., mobile devices on a network); [0017], The playback device 130 may include…laptops and other personal computers, tablets and other mobile devices (e.g., smart phones), gaming devices, and/or other devices capable of receiving and presenting a stream of audio or video content.) comprising: one or more processors, and tangible computer-readable memory storing instructions that, when executed by the one or more processors,
cause the second media playback device to perform operations comprising:
storing, in a memory of the second media playback device, a media library, the media library including a first audio content item ([0022], For example, the content profile engine 150 may be part of the content provider 110 and/or the playback device 130.As another example, the playback device 130 may include the content provider 110 (e.g., the playback device 130 is a mobile device having a music playback application and the content provider 110 is a local store of songs and other audio), among other configurations.),
receiving a command to cause the second media playback device to play the first audio content item ([0046] In operation 320, the content profile engine 150 identifies a piece of content within the stream of content to be delivered to the playback device 130.),
transmitting, to a settings server, metadata for the first audio content item ([0046], the content identification module 220 may identify the piece of content 215 using a variety of processes, including a comparison of a fingerprint for the content (or) …by using other information such as metadata associated with the piece of content, information associated with the content provider 110, and so on),
receiving, from the settings server, a first audio setting for the first audio content based on the transmitted metadata ([0020] In some example embodiments, a content profile engine 150 may access, over the network 120, a stream of content provided by the content provider 110, and perform various processes to determine, generate, and/or select a profile or profile information for the stream of content. For example, the content profile engine 150 may identify the stream of content (e.g., using audio or video fingerprint comparisons), and determine a profile for the identified stream of content. The content profile engine 150 may deliver the profile to the playback device 130, which receives the profile along with the stream of content),
causing the second media playback device to play the first audio content item according to the received first audio setting ([0020], plays the stream of content using certain playback settings that are associated and/or selected based on information within the received profile, among other things.),
receiving a command to cause the second media playback device to stream a second audio content item from a first streaming audio service ([0054] In operation 410, the playback modification engine 135 receives and/or accesses a stream of content at or associated with a playback device. For example, the playback modification engine 135 may access a content stream about to be played by the playback device 130. [0069] [0069] A mobile device (e.g., smart phone or tablet) that receives and plays content (e.g., video and/or audio) from an online, satellite, or terrestrial radio station and/or from a locally stored content player (e.g., MP3 player); and so on.),
receiving, from the first streaming audio service, a second audio setting for the second audio content item ([0055], As described herein, the content profile engine 150 may determine the profile by identifying the stream of content based on a comparison of fingerprints associated with the stream of content to a set of fingerprints associated with known content;[0058] In operation 430, the playback modification engine 135 modifies the playback of the stream of content based on the accessed profile information. For example, the adjustment module 250 may apply information within the profile 235 to modify or adjust the settings of an equalizer of the playback device 130, in order to adjust and/or tune the equalization during the playback of the stream of content 215. In addition to the equalization, the adjustment module 250 may adjust a variety of different playback settings, such as virtualization settings, spatialization settings, and so on.), and
causing the second media playback device to stream the second audio content item according to the received second audio setting ([0020], The content profile engine 150 may deliver the profile to the playback device 130, which receives the profile along with the stream of content, and plays the stream of content using certain playback settings that are associated and/or selected based on information within the received profile, among other things.).
Brenner may not clearly detail multiple media playback devices in the playback system.
Kallai teaches multiple media playback devices in the playback system (FIG 1, zone players).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to apply the features of Kallai with the playback system of Brenner because doing so would have allowed a set of settings can be remotely adjusted or shared with another speaker system ([0015] of Kallai).
Claim 2
The combination teaches the media playback system of claim 1, the operations further comprising: receiving a command to cause the second media playback device to stream a third audio content item from a second streaming audio service; and transmitting to the setting server, metadata for the third audio content item ([0059] of Brenner, The playback modification engine 135, which may receive the profile from a different platform than the playback device 130 may synchronize the profile to the song in order to accurately adjust the playback settings using the multiple settings contained by the profile. [0027] of Kallai, All devices on the network 108 may be configured to download and store audio sources or receive streaming audio sources. For example, the computing device 110 can download audio sources from the Internet ).
Claim 3
The combination teaches the media playback system of claim 2, the operations further comprising: receiving, from the settings server, a third audio setting for the third audio content item based on the transmitted metadata for the third audio content item ([0055] of Brenner, In operation 420, the playback modification engine 135 accesses profile information associated with the stream of content. For example, the playback modification engine 135 may receive a profile or profile information that is generated by the content profile engine 150. As described herein, the content profile engine 150 may determine the profile by identifying the stream of content based on a comparison of fingerprints associated with the stream of content to a set of fingerprints associated with known content, and select or otherwise determine the profile 235 that is associated with the identified stream of content.); and causing the second media playback device to play the third audio content item according to the received third audio setting ([0058] of Brenner, In operation 430, the playback modification engine 135 modifies the playback of the stream of content based on the accessed profile information. For example, the adjustment module 250 may apply information within the profile 235 to modify or adjust the settings of an equalizer of the playback device 130, in order to adjust and/or tune the equalization during the playback of the stream of content 215. For example 144 of Fig. 1 of Kallai storing sound profiles; [0023], The example computing device is to save the sound profile and facilitate application of the sound profile to the playback device to configure output of multimedia content via the playback device.).
Claim 4
The combination teaches the media playback system of claim 2, the operations further comprising: receiving, from the settings server, a plurality of audio settings for the third audio content item based on the transmitted metadata; selecting, based on a context from which the third audio content item is to be played by the second media playback device, an audio setting from among the plurality of audio settings for the third audio content item; and causing the second media playback device to stream the third audio content item according to the selected audio setting ([0061] of Brenner, In operation 510, the playback modification engine 135 accesses the profile 235 for the piece of content 215. For example, the playback modification engine 135 may access different types of profiles, such as single setting profiles, multiple setting profiles, and so on. [0065] Therefore, in some example embodiments, the playback modification engine 135 may utilize complex or multilayered profiles, which include different settings to be applied to different portions of content, in order to dynamically adjust the playback experience of the content at different times during the playback of the content, among other things.).
Claim 5
The combination teaches the media playback system of claim 4, wherein the second media playback device is a group coordinator for the first playback device, the operations further comprising: selecting, for the first playback device and based on a context from which the third audio content item is to be played by the first playback device, an audio setting from among the plurality of audio settings for the third audio content item; and causing the first playback device to play the third audio content item according to the audio setting selected for the first playback device ([0061] of Brenner, In operation 510, the playback modification engine 135 accesses the profile 235 for the piece of content 215. For example, the playback modification engine 135 may access different types of profiles, such as single setting profiles, multiple setting profiles, and so on. [0065] Therefore, in some example embodiments, the playback modification engine 135 may utilize complex or multilayered profiles, which include different settings to be applied to different portions of content, in order to dynamically adjust the playback experience of the content at different times during the playback of the content, among other things. [0027] of Kallai, The zone player 106 can be configured to receive streaming audio source and share the source with other devices. [0029] of Kallai, In certain embodiments, a playback device may communicate with and/or control other playback devices. For example, one zone player may provide data to one or more other zone players. A zone player may serve as a master device in one configuration and a slave device in another configuration, for example. [0050] of Kallai, In certain embodiments, a profile 300 may be selected from a plurality of profiles via a controller. In certain embodiments, a profile 300 may be sent from one user or system to another user or system to configure one or more speakers at the receiving system. In certain embodiments, a profile 300 may be requested by a user or system.).
Claim 6
The combination teaches the media playback system of claim 1, wherein the first audio setting includes one or more of an equalization setting, a phase setting, or a volume setting that provides a suggested listening experience specific to the first audio content item ([0012] of Brenner, modify playback settings of the playback device (e.g., equalization settings) based on the profile information.).
Claim 7
The combination teaches the media playback system of claim 1, wherein the transmitting further comprises transmitting, to the settings server, one or more characteristics of the second media playback device and wherein the received first audio setting is further based on the one or more characteristics of the second media playback device ([0066] ] of Brenner, Yet another embodiment is including device settings such as content source setting, e.g. the selected input on a TV set, such as the input that connects to a set top box, vs. the input that connects to a DVD player or game console, to determine or influence the profile selection.).
Claim 8
The combination teaches the media playback system of claim 7, wherein the one or more characteristics of the second media playback device include a model of the second media playback device, a playback orientation of the second media playback device, a playback group configuration of the second media playback device, an age of the second media playback device, a usage history of the second media playback device, and an operational environment of the second media playback device ([0066] of Brenner, In one embodiment, a specific profile may be applied based on usage history (e.g. the user has consumed a specific content type associated with a specific profile at this time of day/week for the past several days/weeks, so the same profile will be applied again after determination of the usage pattern). ).
Claims 9-14
These claims recite substantially the same limitations as those provided in claims 1-6 above, and therefore they are rejected for the same reasons.
Claim 15
This claim recites substantially the same combined limitations of claims 7 and 8 above, and therefore it is rejected for the same reasons.
Claim 16
This claim recites substantially the same limitations as claim 1 above, and therefore it is rejected for the same reasons.
Claim 17
This claim recites substantially the same combined limitations of claims 2 and 3 above, and therefore it is rejected for the same reasons.
Claim 18
This claim recites substantially the same combined limitations of claims 2 and 4 above, and therefore it is rejected for the same reasons.
Claim 19
This claim recites substantially the same limitations as claim 5 above, and therefore it is rejected for the same reasons.
Claim 20
This claim recites substantially the same combined limitations of claims 7 and 8 above, and therefore it is rejected for the same reasons. [0066] of Brenner, Yet another embodiment is including device settings such as content source setting, e.g. the selected input on a TV set, such as the input that connects to a set top box, vs. the input that connects to a DVD player or game console, to determine or influence the profile selection. Many playback devices 130 may utilize such a platform, including:[0067] A car stereo system that receives and plays content from an online, satellite, or terrestrial radio station and/or from a locally stored content player (e.g., CD player, MP3 player, and so on);[0068] A home stereo system that receives and plays content from an online, satellite, or terrestrial radio station and/or from a locally stored content player (e.g., CD player, MP3 player, a TV set, a Set-Top-Box (STB), a game console, and so on);
[0069] A mobile device (e.g., smart phone or tablet) that receives and plays content (e.g., video and/or audio) from an online, satellite, or terrestrial radio station and/or from a locally stored content player (e.g., MP3 player); and so on.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THOMAS H MAUNG whose telephone number is (571)270-5690. The examiner can normally be reached Monday-Friday, 9am-6pm, EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Carolyn R. Edwards can be reached at 1-(571) 2707136. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/THOMAS H MAUNG/Primary Examiner, Art Unit 2692
/CAROLYN R EDWARDS/Supervisory Patent Examiner, Art Unit 2692