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 .
DETAILED ACTION
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.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-20 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-23 of U.S. Patent No. 9232277; claims 1-20 of U.S. Patent No. 10231010; claims 1-15 of U.S. Patent No. 10820044; claims 1-20 of U.S. Patent No. 11825152. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims recite substantially similar subject matter and any differences therebetween would have been obvious as a matter of routine experimentation by an average skilled practitioner seeking to improve the patented device, methods therefor, etc. Examiner will hold the double patenting rejection in abeyance. Claims 1, 3-11, 13-18, 20 as amended 6/11/26 are not considered to distinguish the claims over those of the cited applications and as such the rejection is maintained.
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.
Claims 5-10, 15-17 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claim 5, 15 and claims 6, 9, 10, 16 dependent thereon depend from parent claim 1 which recites a queue being designated as “an active playback queue of the playback device,” which admits of plural active queues whereas claim 5, 15 and claims 6, 9, 10, 16 recite designating particular first, second, etc. queues as “the” active playback queue. As a playback device of claim 1 may have plural designated active queues it is unclear which of the possible queues of claim 1 is being designated, de-designated, re-designated, etc. Claims 7, 8, 17 do not remedy and are similarly rejected. Additionally claims 9, 10 depend from claim 5 which has been amended to recite a first and second cloud based playback queue. Claims 9, 10 recite a first and second playback queue and thus fail to resolve an appropriate antecedent. Appropriate correction is required.
Claim Rejections - 35 USC § 103
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 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 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 of this title, 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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1, 3-8, 10, 11, 13-18, 20 rejected under 35 U.S.C. 103 as being unpatentable over Ramsay: 20100299639 hereinafter Ram further in view of Millington: 7668964 hereinafter Mil and further in view of Biderman: 20100169459 hereinafter Bid.
Regarding claim 1
Ram teaches:
A playback device of a media playback system comprising: at least one processor; at least one non-transitory computer-readable medium; and program instructions stored on the at least one non-transitory computer-readable medium that are executable by the at least one processor (Ram: Abstract: ¶ 15, 80-82; Fig 1, 6, 13: such as the wireless speakers of figure 1, 14) such that the playback device is configured to:
obtain, from a networked playback queue that is designated as an active playback queue of the playback device, information identifying one or more media items that are to be played back by the playback device, wherein the cloud-based media for playback is stored at a cloud-based computing system (Ram: ¶ 82, 88, 96-108, 162; Fig 1, 2A, 2B such as the selection of a media playlist for playback and delivery of the media, channels thereof, to a plurality a first playback device, wireless speaker, etc. said device operative to process received media items for playback; in Ram the media items are disclosed as being “maintained at various locations,” on a network such as upon a distributed media server, remote data source, etc. and retrieved therefrom based on a list designating playback thereof to a particular playback device, group thereof)
after obtaining the information identifying the one or more media items from the cloud-based playback queue, cause the information identifying the one or more media items to be stored locally at the playback device (Ram: ¶ 82, 88, 96-108, 162, 170, 171: media playlist directs output of media items upon first device wherein the received media items are processed for playback at least upon network interface and processing buffers for output of audio by a speaker thereof; in this way the playback device, device group, operates for fetching media form the server);
utilize the locally stored information identifying the one or more media items to retrieve the one or more media items and begin playing back the one or more media items (Ram: ¶ 82, 88, 102-108, 157, 162, 177: such as by buffering a subsequent track, frames thereof based on the selected playlist, media stream thereof for playback of media data, channels thereof);
while playing back the one or more media items, obtain, from the cloud-based playback queue stored at the cloud-based computing system, information identifying an additional one or more media items that are to be played back by the playback device (Ram: ¶ 82, 88, 97, 101, 146-162, 157, 177: such as by direction of a second playback relationship of the first device and a next queue item, playlist item, etc. such as an added playlist item which when associated with a second playback device is retrieved from storage at the distributed server for playback); and
cause the information identifying the additional one or more media items to be stored locally at the playback device (Ram: ¶ 82, 88, 97, 98, 102-108, 146-160, 165, 177: such as by instantiation of the next, queue, playlist etc. as a now playing media thereby, directing output of media items therein upon the first playback device wherein the received media items are processed for playback at least upon network interface and processing buffers for output of audio by a speaker) and utilize the locally stored information identifying the additional one or more media item to retrieve the additional one or more media items and begin playing back the additional one or more media items (Ram: ¶ 146, 165, etc.: when the devices operated state is updated operational states of the playback device(s) are modified over time such that at appropriate timings appropriate media, such that a media recently added to a queue is fetched and utilized by the appropriate device).
Ram teaches the recited obtaining of a queue and at least strongly suggests the designation thereof as an active playback queue of the playback device in as much as the queue becomes a “now playing,” type of queue, playlist, etc., and allows acquisition of information identifying one or more media items that are to be played back by the playback device. In Ram, the queue and media are considered cloud-based in as much as the controller of the system directs retrieval of the media items derived from the queue from a distributed server and the media items are stored locally upon a playback device for playout. Ram does not explicitly teach device level retrieval of active queue data among a network of playback devices such as after obtaining the information identifying the additional one or more media items from the cloud-based playback queue, and effecting local storage at the playback device of retrieved item identifying information as part of a progression through successively identified queue items wherein the queue remains stored at a cloud based device, server, etc. and wherein the system successively operates for obtaining identifying information of additional items from the same server stored queue during playback of previously obtained items.
In a related field of endeavor Mil teaches a system and method for handing off playback queues among a network of wireless speakers; operative to obtain, from a cloud-based playback queue that is designated as an active playback queue of the playback device, information identifying one or more media items that are to be played back by the playback device (Mil: Abstract; Col 2:25-2:57, 11:48-11:52, 18:20-18:56; Fig 1, 2: wherein a playlist of audio files comprises a list of links to enable streaming of audio content by, to, etc. a particular playback device designated thereby for rendering as an active queue); after obtention of the information identifying the one or more media items the information and subsequently the media items are caused to be stored locally at the playback device; (Mil: Abstract; Col 2:25-2:57, 21:38-22:9; Fig 1, 2, etc.: frames of audio streams rendered by a particular device as part of an active queue, playlist, etc.); while playing back the one or more media items, obtain, from the cloud-based playback queue, information identifying an additional one or more media items that are to be played back by the playback device (Mil: Col 3;11-3:20, 15:8-15:11, 18:11-18:20: playback devices proceeds through successive items in the queue by retrieving the media data to load in advance of playback); to subsequently utilize the locally stored information identifying the additional one or more media items to retrieve the additional one or more media items and begin playing back the additional one or more media items (Mil: Col 2:25-57, 11:62-12:5, 18:20-18:56: playback devices operates to independently retrieve files indicated by the received list, queue, etc., storing same locally for subsequent rendering, output, etc.). It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to adapt the Ram system and method to handoff an active queue among the devices therein in keeping with the teachings of Mil for at least the purpose of providing a continuous audio experience while enjoying synchronous user designated audio output upon user designated devices among a network of playback devices by de-, re-, etc., associating playback devices with user desired and instantiated playlists, queues, etc. for audio output thereon; one of ordinary skill in the art would have expected only predictable results therefrom.
Ram in view of Mil does not explicitly teach that the system operates to obtain and reference a could based queue stored at a cloud based computing system such that after obtaining the information identifying the additional one or more media items from the cloud-based playback queue, the system functions to return to or re-access the cloud stored cloud queue to obtain information identifying additional items, titles, etc. for subsequent local storage, playout, etc.
In a related field of endeavor Bid discloses a system, method etc. for real time streaming of audio media based on cloud hosted playlist file operative to obtain, from a cloud-based playback queue information identifying one or more media items that are to be played back by the playback device, wherein the cloud-based playback queue is stored at a cloud-based computing system (Bid: Abstract; ¶ 13, 43, 50, 85, 86, 109; Fig 2B, 3A: a playlist file comprising an ordered list of URS’s each identifying a media item to be played based is generated, stored, etc. upon a server and transmitted to a requesting device);
after obtaining the information identifying the one or more media items from the cloud-based playback queue stored at the cloud-based computing system, cause the information identifying the one or more media items to be stored locally at the playback device (Bid: ¶ 15, 110; Fig 2B, 3A: client device receives, stores, etc. the playlist file in memory);
utilize the locally stored information identifying the one or more media items to retrieve the one or more media items and begin playing back the one or more media items (Bid: ¶ 51, 111-115; Fig 2B, 3A: client operates to employ the stored playlist URLs to request, download, and store the corresponding media items for subsequent playout thereof);
while playing back the one or more media items, obtain, from the cloud-based playback queue stored at the cloud-based computing system, information identifying an additional one or more media items that are to be played back by the playback device (Bid: ¶ 15, 16, 38, 39, 51, 117, 118, 123; § 6.2.3: server operative to append additional media file identifiers to the server stored playlist from which client periodically retrieves updated playlist information, identifiers therein while the client is playing back a current media);
after obtaining the information identifying the additional one or more media items from the cloud-based playback queue stored at the cloud-based computing system, cause the information identifying the additional one or more media items to be stored locally at the playback device (Bin: ¶ 110, 116, 120: client iteratively receives, stores locally, and subsequently outputs media based on media item identifiers received upon a periodic reload of the playlist file stored upon the server) and
utilize the locally stored information identifying the additional one or more media items to retrieve the additional one or more media items and begin playing back the additional one or more media items (Bid: ¶ 120-124, ¶ 6.2.4: client operative to use the updated locally held playlist to retrieve newly identified media files and provide output of same based on iteratively identifying a next file to load).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to improve the Ram in view of Mil system and method by utilizing a system and method to store media and provide a playlist identifying stored media upon a singular server bearing such media data and metadata as taught or suggested by Bid and for at least the purpose of reducing the expense of memory upon a playback device, reducing streaming overhead in concert with time of delivery requirements, etc.; one of ordinary skill in the art would have expected only predictable results therefrom.
Regarding claim 3
Ram in view of Mil in view of Bid teaches or suggests:
The playback device of claim 1, wherein the information identifying the one or more media items comprises one or more respective pointers for obtaining the one or more media items stored at a remote location (Ram: ¶ 82, 88, 96-98, 102-108, 146-160, 157, 177: such as by the employ of synchronization signals to manage particular delay portions with respect to a plurality of groupwise, individual, etc. synchronization data, clock offsets, etc.; the employ of links to access particular media, channels thereof, etc. upon the server, etc.); (Mil: Abstract; Col 2:25-2:57; Fig 1, 2, etc.: frames of audio streams rendered by a particular device as part of an active queue, playlist, etc. which is handed off to a next, subsequent device which begins to render the active queue, playlist, etc. said rendering in concert with timing information comprising pointers for coordinating clock relationships among devices); (Bid: ¶ 50, 81-84, 145: playlist comprises an ordered list of URL’s each pointing to or otherwise identifying a corresponding media, such as upon a networked server). The claim is considered obvious over Ram as modified by Mil and Bid as addressed in the base claim as it would have been obvious to apply the further teaching of Ram, Mil, and/or Bid to the modified device of Ram, Mil, and Bid; one of ordinary skill in the art would have expected only predictable results therefrom.
Regarding claim 4
Ram in view of Mil in view of Bid teaches or suggests:
The playback device of claim 3, wherein the one or more media items are stored at the cloud-based computing system (Ram: Fig 1: such as distributed media server 107); (Mil: Col 2:34-2:42; 6:36-6:43, 16:14-16:16: audio information, streams thereof acquired from networked server, such as over the internet for the purpose of effecting audio playback of a designated media at particular timings upon particular devices); (Bid: ¶ 50, 81-84, 145: playlist comprises an ordered list of URL’s each pointing to or otherwise identifying a corresponding media, such as upon a networked server). The claim is considered obvious over Ram as modified by Mil and Bid as addressed in the base claim as it would have been obvious to apply the further teaching of Ram, Mil, and/or Bid to the modified device of Ram, Mil, and Bid; one of ordinary skill in the art would have expected only predictable results therefrom.
Regarding claim 5
Ram in view of Mil in view of Bid teaches or suggests:
The playback device of claim 1, wherein the playback device is a first playback device and the cloud-based playback queue is a first playback queue comprising information identifying one or more first media items (Ram: ¶ 90-93, 97, 102: each playback device, group thereof comprises a separate and distinct now playing queue); (Bid: ¶ 86, 106-109, 125, etc.; Fig 2B, 3B: an active playlist determined from a cloud hosted media system comprising cloud hosted playlists and cloud hosted media corresponding thereto) the first playback device further comprising program instructions stored on the at least one non-transitory computer-readable medium that are executable by the at least one processor such that the first playback device is configured to:
determine a command to join a playback group including at least a second playback device of the media playback system, wherein the playback group is associated with a second cloud-based playback queue comprising information identifying one or more second media items that are to be played back by the playback group, wherein the second cloud-based playback queue is stored at the cloud-based computing system (Ram: ¶ 82, 88, 102-108, 146-160, 157, 177: such as by direction of a second, next, subsequent playback relationship of the first device and a next queue, playlist, etc. associated with a second, next, subsequent playback device); (Mil: Abstract; Col 2:25-2:57, 6:36-6:43, 8:59-9:20, 16:14-16:16; Fig 1, 2, etc.: such as by designating a handoff of processes from an active device to a subsequent active device); (Bid: ¶ 86, 106-109, 125, etc.; Fig 2B, 3B: one or more playlist files generated upon, retrieved from a server), based on the command: join the playback group; and designate the second cloud-based playback queue as the active playback queue of the first playback device (Ram: ¶ 82, 88, 97, 98, 102-108, 146-160, 157, 177: such as by instantiation of the next queue, playlist etc. as a now playing media queue thereby, directing output of media items therein upon the first playback device wherein the received media items are processed for playback at least upon network interface and processing buffers for output of audio by a speaker); (Mil: Abstract; Col 2:25-2:57, 6:36-6:43, 8:59-9:20, 16:14-16:16; Fig 1, 2, etc.: such as resultant from the handoff and operative to store, process and output media upon the handed to device for audio output); (Bid: ¶ 86, 106-109, 125, etc.; Fig 2B, 3B: such as by instantiating a next playlist as an active playlist); and begin playing back the one or more second media items from the second playback queue in synchrony with at least the second playback device (Ram: ¶ 82, 88, 96-98, 102-108, 146-160, 157, 177: such as by the employ of synchronization signals to manage particular delay portions with respect to a plurality of groupwise and individual playback device outputs in concert with synchronization data, clock offsets, etc. such as with respect to particular media, channels thereof, etc. accessed upon the server, etc.); (Mil: Abstract; Col 2:25-2:57; Fig 1, 2, etc.: frames of audio streams rendered by a particular device as part of an active queue, playlist, etc. which is handed off to a next, subsequent device which begins to render the active queue, playlist, etc. as synchronous playback such as in concert with exchanges of timing information); (Bid: ¶ 86, 106-109, 125, etc.; Fig 2B, 3B: by delivering a selected playlist, media thereof from the cloud server). The claim is considered obvious over Ram as modified by Mil and Bid as addressed in the base claim as it would have been obvious to apply the further teaching of Ram, Mil, and/or Bid to the modified device of Ram, Mil, and Bid; one of ordinary skill in the art would have expected only predictable results therefrom.
Regarding claim 6
Ram in view of Mil in view of Bid teaches or suggests:
The playback device of claim 5, further comprising program instructions stored on the at least one non-transitory computer-readable medium that are executable by the at least one processor such that the first playback device is configured to: before designating the second cloud based playback queue as the active playback queue of the first playback device: while maintaining an association with the first cloud based playback queue, de-designate the cloud based first playback queue as the active playback queue of the first playback device (Ram: ¶ 82, 88, 96-98, 102-108, 146-160, 157, 177: such as to cease the playback of a particular media upon a device for a next media from a next playlist item, which begins playback); (Mil: Abstract; Col 2:25-2:57, 6:36-6:43, 8:59-9:20, 16:14-16:16; Fig 1, 2, etc.: such as to effect a handoff of an active queue, playlist, items therein at for playback at particular media device at a particular timing of the media); (Bid: ¶ 86, 106-109, 125, etc.; Fig 2B, 3B: an active playlist determined from a cloud hosted media system comprising cloud hosted playlists and cloud hosted media corresponding thereto). The claim is considered obvious over Ram as modified by Mil and Bid as addressed in the base claim as it would have been obvious to apply the further teaching of Ram, Mil, and/or Bid to the modified device of Ram, Mil, and Bid; one of ordinary skill in the art would have expected only predictable results therefrom.
Regarding claim 7
Ram in view of Mil in view of Bid teaches or suggests:
The playback device of claim 5, further comprising program instructions stored on the at least one non-transitory computer-readable medium that are executable by the at least one processor such that the first playback device is configured to: obtain, from the second playback device, at least a portion of the one or more second media items (Mil: Abstract; Col 2:25-2:57, 6:36-6:43, 8:59-9:20, 16:14-16:16; Fig 1, 2, etc.: such as effected by the transmission of audio, timing, etc. data from a coordinator device to a handed-to device to activate subsequent timed playback of a next media thereon). The claim is considered obvious over Ram as modified by Mil and Bid as addressed in the base claim as it would have been obvious to apply the further teaching of Ram, Mil, and/or Bid to the modified device of Ram, Mil, and Bid; one of ordinary skill in the art would have expected only predictable results therefrom.
Regarding claim 8
Ram in view of Mil in view of Bid teaches or suggests:
The playback device of claim 5, wherein the one or more second media items are stored at the cloud-based computing system, the first playback device further comprising program instructions stored on the at least one non-transitory computer-readable medium that are executable by the at least one processor such that the first playback device is configured to: obtain, from a cloud-based computing system, information identifying the one or more second media items (Ram: ¶ 82, 88, 96-98, 102-108, 146-160, 157, 177: such as by access of a next, subsequent media, playlist, item therein, etc.); (Mil: Abstract; Col 2:25-2:57, 6:36-6:43, 8:59-9:20, 16:14-16:16; Fig 1, 2, etc.: such as link, timing, audio, etc. information relevant to the instantiation of playback); (Bid: ¶ 37, 84, 86, 106-109, 125, etc.; Fig 2B, 3B: client requests particular sequential media items; downloads, stores same; subsequently outputs). The claim is considered obvious over Ram as modified by Mil and Bid as addressed in the base claim as it would have been obvious to apply the further teaching of Ram, Mil, and/or Bid to the modified device of Ram, Mil, and Bid; one of ordinary skill in the art would have expected only predictable results therefrom.
Regarding claim 10
Ram in view of Mil in view of Bid teaches or suggests:
The playback device of claim 5,, further comprising program instructions stored on the at least one non-transitory computer-readable medium that are executable by the at least one processor such that the first playback device is configured to: determine a command to leave the playback group; based on the command: leave the playback group; de-designate the second playback queue as the active playback queue of the first playback device; and re-designate the first playback queue as the active playback queue of the first playback device (Ram: ¶ 82, 88, 96-98, 102-108, 146-160, 157, 177: such as by associated a playback device for access of a next, subsequent media, playlist, item therein, etc. by direction of the playback device to output selected audio playing on a previous group); (Mil: Abstract; Col 2:25-2:57, 6:36-6:43, 8:59-9:20, 16:14-16:16; Fig 1, 2, etc.: such by iterating the handoff process to link, timing, audio, etc. information relevant to the instantiation of playback of a queue related to a previous grouping). The claim is considered obvious over Ram as modified by Mil and Bid as addressed in the base claim as it would have been obvious to apply the further teaching of Ram, Mil, and/or Bid to the modified device of Ram, Mil, and Bid; one of ordinary skill in the art would have expected only predictable results therefrom.
Regarding claims 11, 18—the claims are considered to recite substantially similar subject matter to that of claim 1 supra and are similarly rejected.
Regarding claims 12, 19—the claims are considered to recite substantially similar subject matter to that of claim 2 supra and are similarly rejected.
Regarding claims 13, 20—the claims are considered to recite substantially similar subject matter to that of claim 3 supra and are similarly rejected.
Regarding claim 14—the claim is considered to recite substantially similar subject matter to that of claim 4 supra and is similarly rejected.
Regarding claim 15—the claim is considered to recite substantially similar subject matter to that of claim 5 supra and is similarly rejected.
Regarding claim 16—the claim is considered to recite substantially similar subject matter to that of claim 6 supra and is similarly rejected.
Regarding claim 17—the claim is considered to recite substantially similar subject matter to that of claim 7 supra and is similarly rejected.
Claims 9 rejected under 35 U.S.C. 103 as being unpatentable over Ramsay: 20100299639 hereinafter Ram further in view of Millington: 7668964 hereinafter Mil and further in view of Biderman: 20100169459 hereinafter Bid as applied to claims 1, 3-8, 10, 11, 13-18, 20 supra and further in view of Lambourne: 7571014 hereinafter Lam.
Regarding claim 9
Ram in view of Mil in view of Bid teaches or suggests:
The playback device of claim 5, further comprising program instructions stored on the at least one non-transitory computer-readable medium that are executable by the at least one processor such that the first playback device is configured to:
determine a command to leave the playback group; based on the command: leave the playback group (Mil: Abstract; Col 2:25-2:57, 6:36-6:43, 8:59-9:20, 16:14-16:16; Fig 1, 2, etc.: such as by operations of the handing off processes discussed).
Ram in view of Mil in view of Bid enables but does not explicitly teach operations wherein the second playback queue is still designated as the active playback queue of the first playback device; and after leaving the playback group, continue to play back the one or more second media items independently from at least the second playback device.
In a related field of endeavor Lam teaches a system and method for operating a constellation of networked playback devices by associating different streams among different devices on a user interface (Lam: Figs 3, 7: system operates to group and ungroup particular playback devices and instantiate playback upon devices and/or synchronous playback upon groups thereof) wherein a device operative in a group to output a particular media upon a designated playback queue which remains designated as the active playback queue of the playback device; and the interface operates to ungroup members of the group from the actively laying back device (Lam: Col 11: 40-11:61; 12:38-12:60, etc.; Fig 3, 5: such as by dropping zones not comprising an active playback device, queue, etc. from a group) such that after leaving the playback group, continue to play back the one or more second media items independently from at least the second playback device (Lam: Col 11: 40-11:61; 12:38-12:60, etc.; Fig 3, 5: such as by dropping all related devices in a group, thus leaving a solitary player effecting output of the playback queue). It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to adapt the Ram in view of Mil in view of Bid device to operate under directions from a user interface for at least the purpose of designating stand-alone playback of the selected media upon a handed to device and subsequently outputting the media thereof upon a speaker associated therewith; one of ordinary skill in the art would have expected only predictable results from such an inclusion.
Response to Arguments
Applicant’s arguments, see Remarks and Claims filed 6/11/26, with respect to the rejection(s) of claim(s) 1, 3-11, 13-18, 20 under 35 USC 103 over Ramsay, Millington, and Schrock; and Ramsay, Millington, Schrock, and Lambourne have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Ramsay, Millington, and Biderman; and Ramsay, Millington, Biderman, and Lambourne.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PAUL C MCCORD whose telephone number is (571)270-3701. The examiner can normally be reached 730-630 M-F.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, CAROLYN EDWARDS can be reached at (571) 270-7136. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/PAUL C MCCORD/Primary Examiner, Art Unit 2692
