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 .
Introduction
This is a response to the applicant’s response filed on 05/21/2026. Claims 1-9 and 17-20 are currently presented in the instant application. Claims 10-16 are canceled.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 05/20/2024 has been considered by Examiner and made of record in the application file.
Drawings
The drawing submitted on 02/23/2024 has been considered by Examiner and made of record in the application file.
Specification
The specification submitted on 02/23/2024 has been considered by Examiner and made of record in the application file.
Election/Restrictions
Applicant’s election without traverse of Group I, claims 1-9 and 17-20 in the reply filed on 05/21/2026 is acknowledged.
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.
The factual inquiries 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.
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) 1, 5-9 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over DAMSGAARD (US Pub. No: 2024/0111041) in view of LOUREMBAM et al. (US Pub. No.: 2022/0030419, hereinafter, “LOUREMBAM”).
Regarding claims 1 and 17, DAMSGAARD teaches a system and wireless device (see figure 1, mobile 116), comprising:
location-based tags associated with respective media devices in an environment (see figure 1, [0020-0022], speaker 104, UWB tag); and
a media playback manager implemented by a wireless device and configured to (see figure 1, user location device 102, speaker 104, device 116 playback the audio receiving from speaker, [0019-0030, 0044]):
determine a position of the wireless device relative to the media device based on a location of a location-based tag associated with the media device (see figure 1, user location device 102, speaker 104, user location device 102 is integrated within speaker 104, [0019-0030, 0044]); and
receive UWB the audio broadcast at the wireless device based on the position of the wireless device relative to the location of the location-based tag that is associated with the media device (see figure 1, user location device 102, speaker 104, user location device 102 is integrated within speaker 104, audible signal 114A, 114B, [0019-0030, 0044], it is obvious that the user location device 102 can be integrated with any device such as mobile 116).
It should be noticed that DAMSGAARD fails to teach detect an available Bluetooth Low Energy (BLE) audio broadcast from a media device. However, LOUREMBAM teaches detect an available Bluetooth Low Energy (BLE) audio broadcast from a media device (see figures 1-2 and 4A, [0056-0059]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teaching of LOUREMBAM into view of DAMSGAARD in order to improve the audio signal for the listener located within the range.
Regarding claim 5, DAMSGAARD further teaches the tag is an Ultra- Wideband (UWB) tag and the media playback manager is configured to detect a change in the position of the wireless device relative to the location of the UWB tag and stop receiving the BLE audio broadcast at the wireless device (see [0006, 0021, 0031-0032], it is clearly seen that the user stop receiving the audio if the user out of the room).
Regarding claim 6, DAMSGAARD further teaches the media playback manager is configured to detect an alternative available BLE audio broadcast from an alternative media device and receive the alternative BLE audio broadcast at the wireless device for playback of the alternative BLE audio broadcast (see [0006, 0021, 0031-0032], it is clearly seen that the user stop receiving the audio if the user out of the room, bedroom or bathroom).
Regarding claim 7, DAMSGAARD further teaches the position of the wireless device relative to the media device is determined based on an angle of arrival between the tag and a UWB positioning system associated with the wireless device (see [0006, 0021, 0023, 0031-0032]).
Regarding claim 8, DAMSGAARD further teaches the UWB positioning system associated with the wireless device is implemented in a headphone worn by a user, and the angle of arrival indicates a user orientation is facing toward the media device (see [0006, 0021, 0023, 0031-0032], wireless headset is well known in the art).
Regarding claim 9, DAMSGAARD further teaches the UWB positioning system is implemented in the wireless device carried by a user, and the angle of arrival indicates a user orientation is facing toward the media device (see [0006, 0021, 0023, 0031-0032], wireless headset is well known in the art).
Allowable Subject Matter
Claims 2-4 and 18-20 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.
Regarding claims 2 and 18, the prior art made of record fails to clearly teach or fairly suggest the feature of the media playback manager is configured to assign a weight for the BLE audio broadcast based on metadata associated with the BLE audio broadcast.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Tuan A. Pham whose telephone number is (571) 272-8097, the fax number is (571) 273-8097 and the email is tuan.pham01@uspto.gov. The examiner can normally be reached on Monday through Friday, 8:30 AM-5:30 PM.
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, Yuwen (Kevin) Pan can be reached on (571) 272-7855. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/TUAN PHAM/ Primary Examiner, Art Unit 2649
Prosecution Insights