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 .
In the response to this office action, the Examiner respectfully requests that support be shown for language added to any original claims on amendment and any new claims. That is, indicate support for newly added claim language by specifically pointing to page(s) and line numbers in the specification and/or drawing figure(s). This will assist the Examiner in prosecuting this application.
Request For 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 2/19/2026 has been entered.
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 and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Bender et al (US 20220237703 A1) in view of Fassbender et al (US20160375373), Balassanian et al (20210248213 A1), Fischer et al (US10587982) and further in view of Jin et al (US20170105081 A1).
Regarding claim 1, Bender teaches a media playback system (see media playback system 100 as shown in fig 1) comprising: a first network interface (note: media playback system 100 shown in fig. 1 comprises a playback device 200 which includes a first network interface 214 as shown in fig. 2); a first transducer (e.g., speaker 212 of a playback device 200 in fig. 2); and a second transducer (note: Bender teaches that playback device 200 can include more than one speaker, see paragraphs 0043-0045); and a control device (note: media playback system 100 shown in fig. 1 comprises a control device 300 (or in some example 300 can be a network device) as shown in fig. 3 (which may be configured to be one or both of the control devices 126 and 128 of the media playback system 100), see paragraph 0051) comprising at least one second network interface (see network interface 306 of control device 300 in fig.
3, see also paragraph 0051) ; one or more processors ( see processor 302 of control device 300 in fig. 3); and data storage (see memory 304 of control device 300 of fig. 3) that, when executed by the one or more processors, cause the media playback system to perform operations (see paragraph 0051 -0052 and fig. 3) comprising: receiving data such as user input data via user interface 308 as shown in fig. 3 and causing, via the second network interface, playback of the obtained spatial audio content via the first and second transducers of the playback device ( see paragraphs 0055, 0083-0084).
Bender fails to disclose that the control device (e.g., 300 in fig. 3) can operate in the following way: the control device contains a sensor which can sense data from a media item; based on the received sensor data, identify a media item characteristic of the media item; obtain spatial audio content comprises: providing an input parameter based at least in part on the identified media item characteristic to a generative audio content engine; and receiving the spatial audio content as an output from the generative audio content engine. Bender also fails to disclose that the playback system contains a light source, based on the received sensor data, causing, via the second network interface, the light source to modulate a lighting parameter from a first parameter to a second parameter.
However, it has been well recognized that there is a need to provide a media playback system which operates more simply so that some groups of users who cannot handle more complex playback systems can use it at more ease to have their desired audio signals to be played-back to entertain/educate themselves (see Fassbender, paragraph 0005). Fassbender teaches a media playback system which contains a sensor (e.g., a RFID reader, see paragraph 0024 of Fassbender) which can receive sensor data (the RFID reader can receive data from the RFID transponder of a media item ( an Identification carrier of Fassbender is a media item which contains unique personal characteristics and can be individually adapted, data on the media item can be altered, see paragraph 0024, 0043, 0061, 0067, 0069 and 0079 of Fassbender); the sensor can identify, based on the received sensor data, a media item characteristic of a media (see paragraph 0024, 0043, 0061, 0067, 0069 and 0079 of Fassbender); the sensor can obtain spatial audio content corresponding to the media item characteristic, wherein obtaining the spatial audio content comprises providing an input parameter based at least in part on the identified media
item characteristic to an audio playback system to output desired spatial audio contents (note: music files such as pre-recorded audio files stored in a memory or a server can be playback in a desired manner of a user by the playback system of Fassbender, see paragraph 0005, 0024, 0029, 0043, 0061, 0067, 0069, 0079 and 0108 of Fassbender).
Therefore it would have been obvious for one skill in the art at the time the invention was filed to apply the teaching of Fassbender to integrate the playback system of Bender with the media playback device components as taught by Fassbender so that the media playback system of Bender as modified by Fassbender could have added additional capability to accommodate needs of special groups of users who have difficulty to handle more complex audio playback system to playback their desired spatial audio contents to entertain/educate themselves.
Although Bender mentions that media playback system could playback media playlists or media content streams based partially on feedback from the user. Neither Bender nor Fassbender mentions whether the media playback system contains a generative audio content engine which is used to output spatial audio content. However, Balassanian teaches using a generative audio content engine to generate desired spatial audio contents based on input parameters (see paragraphs [0045],[0050],[0076]-[0087], [0146] of Balassanian). It would have been obvious to apply the teaching of Balassanian to the playback system of Bender as modified by Fassbender to include a generative audio content engine for the desirable purpose to generate more variety of music that is tailored to the users’ needs based on input parameters.
Bender is silent about the second transducer is oriented at a vertical angle with respect to the first transducer. However, Fischer teaches that it has been well known practice that some designers like to place a second transducer (e.g., speaker 206 in fig. 2 of Fischer) oriented at a vertical angle with respect to a first transducer (see speaker driver 208 in fig. 2 of Fischer) (also, see column 8 lines 23-26 of Fischer). Thus it would have been obvious to use the spatial arrangement as taught by Fischer to arrange
the first transducer and the second transducer of the playback device of Bender to achieve desired audio sound effects tailored to different audience’s taste.
The media playback system of Bender as modified by Fassbender, Balassanian and Fischer teaches everything as recited in claim 1 except containing a light source; based on the received sensor data, causing, via the second network interface, the light source to modulate a lighting parameter from a first parameter to a second parameter. However, Jin teaches that it has been well recognized in the art to modulate a lighting parameter from a first parameter to a second parameter for light sources that are integrated with an audio playback system based on mood information and beat information of the corresponding music contents can improve the mood of the users of the playback system (see paragraph [0070],[0077] or [0083] or [0107], [0129], [0131] of Jin: each of the six LEDs can be read as a light source as claimed). Thus it would have been obvious to apply the broad teaching of Jin to the playback system of Bender so that different visual light effects could have been provided to users of the playback system of Bender to improve users’ moods when different types of music are played-back for the users.
Regarding newly added claim 21, Bender as modified by Fassbender, Balassanian, Fischer and Jin inherently meets the limitation since Jin teaches Flickering a light to the beat of music which inherently changes the light pattern because in order to flicker a light to the beat of music, you much change any sequence of brightness, color or movement of the light to match the beat of music (see [0070], [0077], [0083], [0107], [0129], [0131] of Jin).
Regarding claim 2 which depends from claim 1, note the discussion of claim 1, the audio playback system of Bender as modified by Fassbender, Balassanian, Fischer and Jin teaches obtaining spatial audio content comprises obtaining pre-recorded audio content corresponding to the media item (see paragraphs 0029 and 0067 of Fassbender); the spatial audio content further comprises novel extended audio content generated by the generative audio content (see paragraphs 0086, 0219, 0241, 0253-0254 of Este). Although Estes does not explicitly mention that the novel audio content can be appended to the pre-recorded audio content, it would have been obvious that one skilled in the art would have been able to modify the generative audio content engine of the modified playback system of Bender to do so based on designer’s preference since Estes already explicitly teaches the idea of using the generative audio content engine to generate composition music based on user input parameters such as recording music and meta data of a music piece and/or new audio content generated by the generative audio content engine (see paragraphs 0086, 0116, 0219, 0241, 0253-0254 of Este).
Regarding claim 3 which depends from claim 1, note the discussion of claim 1, Fassbender explicitly discloses that input parameter(s) associated with the media characteristics can be received by the media playback system (e.g., music or album or playlist associated with a composer or artist is an input parameter, see paragraph 0067 of Fischer). Since Balassanian teaches that the generative audio content engine uses various input parameters including meta data of a piece of music to generate composite music tailored to user’s needs (see paragraphs 0086, 0116, 0219, 0241, 0253-0254 of Este), it would have been obvious that the generative audio content engine of Bender as modified could have obtained one or more additional input parameters associated with the media characteristics such as the metadata of a
piece of music, the album or the playlist associated with the user’s preferred composer or artist so that the generative audio content engine of the audio playback system of Bender as modified by Fassbender, Balassanian, Fischer and Jin could have generated new audio contents that are more accurately tailored to the user.
Regarding claim 4 which depends from claim 3 which depends from claim 1, note the discussion of claims 1 and 3, the one or more additional input parameters associated with the media characteristics for the generative audio content engine of the playback system of Bender as modified can be metadata associated with the media item for the reason as discussed in the rejection of claim 3 as set forth above.
Regarding claim 5 which depends from claim 1, note the discussion of claim 1, the media playback system of Bender as modified by Fassbender, Balassanian, Fischer and Jin meets the limitation (note: Fassbender teaches receiving a user selection of spatial audio, and wherein the operations further comprise producing a modified version of the media item based on the user’s selection of spatial audio (see paragraphs 0002, 0005, 0029, 0043, 0067, 0069, 0079 and 0108 of Fassbender).
Regarding claim 6 which depends from claim 1, note the discussion of claim 1, the media playback system of Bender as modified by Fassbender, Balassanian, Fischer and Jin meets the limitation: i.e., Fassbender teaches the media item can be a first visual media item and the spatial audio content can be first spatial audio content; the sensor can identify a second visual media item, the second visual media item different from the first; the sensor can obtain second spatial audio content corresponding to the second visual media item, the second spatial audio content different from the first; and transitioning playback, via the playback device, from the first spatial audio content to the second spatial audio content (note: Fassbender discloses different media items with different spatial audio contents can be identified by the sensor and the sensor can obtain different spatial audio contents corresponding to the different media items; the playback device can transition from playing back the first audio content corresponding to a first media item to playing back the second audio content corresponding to a second media item when a user transitions from placing a first media item in the detection region of the sensor to placing a second media item in the detection region of the sensor, see paragraphs 0002, 0005, 0029, 0043, 0067, 0069, 0079 and 0108 of Fassbender).
Regarding claim 7 which depends from claim 1, note the discussion of claim 1, the media playback system of Bender as modified by Fassbender, Balassanian, Fischer and Jin meets the limitations as recited in claim 7 (see paragraphs 0043-0045, 0051-0053 of Bender).
Regarding independent claim 8 and its dependent claims 9-14, they recite similar limitations as recited in claims 1-6, see the discussion of the rejection of claims 1-7, the media playback system of Bender as modified by Fassbender, Balassanian, Fischer and Jin meets the limitations for the similar reasons as set forth for the rejections of claims 1-7 as above.
Regarding independent claim 15 and its dependent claims 16-20, they recite similar limitations as recited in claims 1-6, see the discussion of the rejection of claims 1-6, the media playback system of Bender as modified by Fassbender, Balassanian, Fischer and Jin meets the limitations for the similar reasons as set forth for the rejections of claims 1-7 as above (note: Bender also teaches the playback system uses one or more processors to execute instructions stored in a memory to perform various functions as recited in the claims in paragraph 0052 of Bender).
Allowable Subject Matter
Claim 21 is 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.
Response to arguments
Applicant’s arguments with respect to claim(s) 1-20 and 22 have been considered but are not found persuasive.
Applicant argues that the newly amended claims 1-20 and newly added claim 22 are patentably distinct from the previously cited prior art of record because none of the prior art of record as cited in the previous office action teaches the newly added limitation to the claims currently pending, however, such arguments are moot due to the new ground rejections for these claims as set forth above based on the teaching of the newly cited prior art reference Jin.
Applicant also argues that the prior art reference Estes does not teach the “generative audio content engine” limitation. Applicant’s argument is mood since Estes is no longer cited in the current office action.
Applicant also argues that the cited prior art Fassbender does not teach the “visual media item” limitation recited in claims 6, 14 (note: it appears to be a typo mistake by applicant, it should be claim 13 that applicant intended to argue about rather than claim 14 since claim 14 does not mention anything about the “visual media item”) and 20. The Office disagree. As pointed out in the rejection, Fassbender discloses different physical media items (these physical media items can be visually identifiable and thus they can be considered “visual media item”) with different spatial audio contents can be identified by the sensor and the sensor can obtain different spatial audio contents corresponding to the different media items; the playback device can transition from playing back the first audio content corresponding to a first media item to playing back the second audio content corresponding to a second media item when a user transitions from placing a first media item in the detection region of the sensor to placing a second media item in the detection region of the sensor, see paragraphs 0002, 0005, 0029, 0043, 0067, 0069, 0079 and 0108.
Conclusion
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/VIVIAN C CHIN/
Supervisory Patent Examiner, Art Unit 2695
Prosecution Insights