DETAILED ACTION
1. Applicant's amendments and remarks submitted on April 23, 2026 have been entered. Claims 1, 6, 8-13 and 18-19 have been amended. Claim 7 has been cancelled. Claims 1-6 and 8-20 are still pending on this application, with claims 1-4, 6 and 9-20 being rejected, and claims 5 and 8 being objected to. All new grounds of rejection were necessitated by the amendments to claims 1 and 18-19. Accordingly, this action is made final.
2. The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim Rejections - 35 USC § 103
3. Claim(s) 1-4, 6, 9-10, 12-14 and 17-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Patent Pub No 2020/0169821 A1 to Sprinkle in view of US Patent No 5450495 to Goldfarb.
As to claim 1, Sprinkle discloses a playback device, comprising: a first body portion; a second body portion (see figures 1-3; pg. 2, ¶ 0019 - ¶ 0020); a first speaker driver mounted in the first body portion (loudspeaker 16, see figures 1-3; pg. 2, ¶ 0021); a second speaker driver mounted in the second body portion (array 14, see figures 1-3; pg. 2, ¶ 0019); and a substantially rigid connecting portion extending between the first body portion and the second body portion (column(s) 18 supporting array 14, see figures 1-3; pg. 2, ¶ 0020), wherein the connecting portion is moveable and/or extendable to configure the playback device in at least a first configuration and a second configuration, wherein in the second configuration the first and second body portions are arranged farther apart than in the first configuration (see figures 1-3; pg. 2, ¶ 0020).
Sprinkle discloses a bass speaker (see pg. 2, ¶ 0018, ¶ 0020) but does not disclose wherein the substantially rigid connecting portion at least partially defines a bass port of the playback device. However such a configuration is known in the art, as taught by Goldfarb, which discloses a similar playback device, and further discloses the adjustable connecting tube portion between speaker drivers as having a tuned port for producing bass resonance and increasing bass response (see col. 3, lines 8-30). The proposed modification is therefore considered obvious before the effective filing date of the claimed invention, the motivation being to provide a playback device with increased bass response, and doing so using tube structures of the housing (Goldfarb col. 3, lines 8-30).
As to claim 2, Sprinkle in view of Goldfarb further discloses wherein: the first body portion is a lower portion of the playback device and the second body portion is an upper body portion of the playback device; and the connecting portion is moveable or extendable to adjust the height of the upper body portion relative to the lower body portion (Sprinkle figures 1-3; pg. 2, ¶ 0020).
As to claim 3, Sprinkle in view of Goldfarb further discloses wherein: the second speaker driver mounted in the upper body portion is configured to output higher frequency audio than the first speaker driver mounted in the lower body portion (Sprinkle pg. 2, ¶ 0019 - ¶ 0020).
As to claim 4, Sprinkle in view of Goldfarb further discloses further comprising: a third speaker driver mounted in the upper body portion, wherein the third speaker driver is configured to output higher frequency audio than the first speaker driver mounted in the lower body portion (Sprinkle pg. 2, ¶ 0019 - ¶ 0020).
As to claim 6, Sprinkle in view of Goldfarb does not expressly disclose wherein: the second body portion is a side portion of the playback device; and the connecting portion is moveable or extendable to adjust a horizontal separation between the first body portion and the side portion of the playback device. However such a configuration is considered an obvious variation given the teachings of Sprinkle in view of Goldfarb, as providing the second body portion as a side portion instead of a top portion involves a mere rotation of elements, and further as it has been held that rearranging parts involves only routine skill in the art. See In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950). In this case, providing the second body portion as a side portion, and therefore the connecting portion as horizontally moveable or extendable, can depend on various factors, including the shape and size of the second body portion, as well as the design and overall use of the playback device. The second body portion would remain adjustable relative to the first body portion via the connecting portion, as already taught by Sprinkle in view of Goldfarb.
As to claim 9, Sprinkle in view of Goldfarb further discloses wherein: in the first configuration, the connecting portion extends into the first body portion by a first distance; in the second configuration, the connecting portion extends into the first body portion by a second distance, the second distance being less than the first distance (Goldfarb telescoping adjustment, see figures 4-5); and the playback device is configured to adjust at least one audio output parameter of the playback device based on whether the playback device is arranged in the first configuration or the second configuration (Sprinkle figure 8; pgs. 2-3, ¶ 0020 - ¶ 0023).
As to claim 10, Sprinkle in view of Goldfarb further discloses wherein: the connecting portion is adjustable in length, between at least a first length and a second length, the second length being longer than the first length, the length being measured between a first end of the connecting portion and a second end of the connecting portion (Sprinkle figures 1-3; Goldfarb figures 4-5); and the playback device is configured to adjust at least one audio output parameter based on whether the connecting portion has the first length or the second length (Sprinkle figure 8; pgs. 2-3, ¶ 0020 - ¶ 0023).
As to claim 12, Sprinkle in view of Goldfarb further discloses wherein one or more wires configured to carry data and/or power extend between the first and second body portions via the connecting portion (Sprinkle figures 4-7; pgs. 2-3, ¶ 0021 - ¶ 0023).
As to claim 13, Sprinkle in view of Goldfarb further discloses further comprising: a second substantially rigid connecting portion extending between the first body portion and the second body portion, wherein the second connecting portion is moveable or extendable to configure the playback device in at least the first configuration and the second configuration (Sprinkle figure 3; Goldfarb figures 4-5).
As to claim 14, Sprinkle in view of Goldfarb further discloses wherein the playback device is configured to detect that the playback device is in at least one of: the first configuration; and the second configuration (Sprinkle figure 8; pgs. 2-3, ¶ 0020 - ¶ 0023).
As to claim 17, Sprinkle in view of Goldfarb further discloses wherein the playback device is configured to adjust the playback device between the first and second configurations based on one or more of: a characteristic of the audio being, or to be, played back by the playback device; a location of the playback device; an audio output parameter of the playback device; an operation mode of the playback device; and a command, the command being based on user input to the playback device or a user device in communication with the playback device (Sprinkle figure 8; pgs. 2-3, ¶ 0020 - ¶ 0023).
As to claim 18, Sprinkle discloses a system, comprising: a first playback device, having: a first lower body portion; a first upper body portion (see figures 1-3; pg. 2, ¶ 0019 - ¶ 0020); a first speaker driver mounted in the first lower body portion (loudspeaker 16, see figures 1-3; pg. 2, ¶ 0021); a second speaker driver mounted in the first upper body portion (array 14, see figures 1-3; pg. 2, ¶ 0019); and a substantially rigid connecting portion extending between the first upper body portion and the first lower body portion (column(s) 18 supporting array 14, see figures 1-3; pg. 2, ¶ 0020), wherein the connecting portion is moveable and/or extendable to configure the first playback device in at least a first configuration and a second configuration, wherein in the second configuration the first upper body portion and the first lower body portion are arranged farther apart than in the first configuration (see figures 1-3; pg. 2, ¶ 0020).
Sprinkle does not expressly disclose a second playback device, having: a second lower body portion; a second upper body portion; a third speaker driver mounted in the second lower body portion; a fourth speaker driver mounted in the second upper body portion; and a second substantially rigid connecting portion extending between the second upper body portion and the second lower body portion, wherein the second connecting portion is moveable and/or extendable to configure the second playback device in at least a first configuration and a second configuration, wherein in the second configuration the second upper body portion and the second lower body portion are arranged farther apart than in the first configuration; and wherein the first and second playback devices form at least part of a group configured to output audio in synchrony. However such a configuration is considered obvious given the teachings of Sprinkle, and further as it has been held that mere duplication of parts involves only routine skill in the art. See In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960). In this case, the use of a second playback device having the same structure as the first playback device for use in synchrony with the first playback device is known in the art of loudspeaker sound systems, and is therefore considered an obvious configuration for the system as taught by Sprinkle, particularly as Sprinkle teaches the use of such a system for playing and audio signal in a larger room or venue (see pg. 2, ¶ 0020). The motivation being to provide sufficient playback devices to adequately provide audio output to larger rooms or venues.
Sprinkle further does not expressly disclose wherein: based on a location of the first playback device within the playback environment, the first playback device is configured such that the first upper body portion of the first playback device is arranged at a first height within the playback environment; and based on a location of the second playback device within the playback environment, the second playback device is configured such that the second upper body portion is arranged at a second height within the playback environment, the second height being different to the first height. However it does disclose the playback device height can be adjusted depending on the venue, as well as to accommodate audience location/seating (see pg. 2, ¶ 0020). The proposed modification is therefore considered obvious given the teachings of Sprinkle, the motivation being depending on the overall design of the specific venue, including various floors or levels, and further to accommodate various types of seating configurations or audience locations within the venue (see pg. 2, ¶ 0020).
Sprinkle discloses a bass speaker (see pg. 2, ¶ 0018, ¶ 0020) but does not disclose wherein the substantially rigid connecting portion at least partially defines a bass port of the playback device. However such a configuration is known in the art, as taught by Goldfarb, which discloses a similar playback device, and further discloses the adjustable connecting tube portion between speaker drivers as having a tuned port for producing bass resonance and increasing bass response (see col. 3, lines 8-30). The proposed modification is therefore considered obvious before the effective filing date of the claimed invention, the motivation being to provide a playback device with increased bass response, and doing so using tube structures of the housing (Goldfarb col. 3, lines 8-30).
As to claim 19, Sprinkle discloses a system, comprising: a first playback device, having: a first lower body portion; a first upper body portion (see figures 1-3; pg. 2, ¶ 0019 - ¶ 0020); a first speaker driver mounted in the first lower body portion (loudspeaker 16, see figures 1-3; pg. 2, ¶ 0021); a second speaker driver mounted in the first upper body portion (array 14, see figures 1-3; pg. 2, ¶ 0019); and a substantially rigid connecting portion extending between the first upper body portion and the first lower body portion (column(s) 18 supporting array 14, see figures 1-3; pg. 2, ¶ 0020), wherein the connecting portion is moveable and/or extendable to configure the first playback device in at least a first configuration and a second configuration, wherein in the second configuration the first upper body portion and the first lower body portion are arranged farther apart than in the first configuration (see figures 1-3; pg. 2, ¶ 0020).
Sprinkle does not expressly disclose a second playback device, having: a second lower body portion; a second upper body portion; a third speaker driver mounted in the second lower body portion; a fourth speaker driver mounted in the second upper body portion; and a second substantially rigid connecting portion extending between the second upper body portion and the second lower body portion, wherein the second connecting portion is moveable and/or extendable to configure the second playback device in at least a first configuration and a second configuration, wherein in the second configuration the second upper body portion and the second lower body portion are arranged farther apart than in the first configuration; and wherein: the first and second playback devices form at least part of a group configured to output audio in synchrony. However such a configuration is considered obvious given the teachings of Sprinkle, and further as it has been held that mere duplication of parts involves only routine skill in the art. See In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960). In this case, the use of a second playback device having the same structure as the first playback device for use in synchrony with the first playback device is known in the art of loudspeaker sound systems, and is therefore considered an obvious configuration for the system as taught by Sprinkle, particularly as Sprinkle teaches the use of such a system for playing and audio signal in a larger room or venue (see pg. 2, ¶ 0020). The motivation being to provide sufficient playback devices to adequately provide audio output to larger rooms or venues.
Sprinkle further does not expressly disclose when the first and second playback devices are arranged at different heights within a playback environment: the first and second playback devices are configured such that the upper body portions of the first and second playback devices are at substantially the same height in the playback environment. However it does disclose the playback device height can be adjusted depending on the venue, as well as to accommodate audience location/seating (see pg. 2, ¶ 0020). The proposed modification is therefore considered an obvious variation given the teachings of Sprinkle, the motivation being depending on the overall design of the specific venue, including various floors, levels, steps, or platforms, in order to accommodate various types of seating configurations and/or audience locations within the venue (see pg. 2, ¶ 0020).
Sprinkle discloses a bass speaker (see pg. 2, ¶ 0018, ¶ 0020) but does not disclose wherein the substantially rigid connecting portion at least partially defines a bass port of the playback device. However such a configuration is known in the art, as taught by Goldfarb, which discloses a similar playback device, and further discloses the adjustable connecting tube portion between speaker drivers as having a tuned port for producing bass resonance and increasing bass response (see col. 3, lines 8-30). The proposed modification is therefore considered obvious before the effective filing date of the claimed invention, the motivation being to provide a playback device with increased bass response, and doing so using tube structures of the housing (Goldfarb col. 3, lines 8-30).
As to claim 20, Sprinkle in view of Goldfarb further discloses wherein the height of the upper body portions of the first and second playback devices is based on a location of a listener (Sprinkle pg. 2, ¶ 0020).
4. Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sprinkle in view of Goldfarb and further in view of US Patent Pub No 2019/0268678 A1 to Harden.
As to claim 11, Sprinkle in view of Goldfarb discloses the playback device of claim 1.
Sprinkle in view of Goldfarb does not disclose wherein: the connecting portion has a first end and a second end; and in the first configuration at least one of the first and second ends are sealed; and in the second configuration the first and second ends of the connecting portion are open. However such a configuration is known in the art, as taught by Harden, which discloses a similar extendable structure for a speaker, and further discloses the use of a sealing member that provides a seal at one end when the structure is closed and is open when the structure is extended (see figures 1-2; pg. 2, ¶ 0018). The proposed modification is therefore considered obvious before the effective filing date of the claimed invention, the motivation being as a matter of design, and further to provide defined volumes in both the compact and extended configurations (Harden figures 1-2; pg. 1, ¶ 0003 - ¶ 0004).
5. Claim(s) 15-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sprinkle in view of Goldfarb, and further in view of US Patent Pub No 2017/0295426 A1 to Park et al. (“Park”).
As to claim 15, Sprinkle in view of Goldfarb discloses the playback device of claim 1.
Sprinkle in view of Goldfarb does not expressly disclose wherein the second body portion is configured to rotate and/or tilt relative to the first body portion while the playback device is in at least the second configuration. However it does disclose the device being adjustable to accommodate for audience location (Sprinkle pg. 2, ¶ 0020). Providing further adjustability by enabling a rotate and/or tilt movement is therefore considered obvious, as taught by Park, which discloses a similar playback device, and further discloses the device having rotatable drive units 50 relative to a fixed unit 40 (see figures 1-2 and 6-11d; pg. 4, ¶ 0096). The proposed modification is therefore considered obvious before the effective filing date of the claimed invention, the motivation being to provide additional adjustability to the second body portion, particularly for the sound travel angle or direction (Park pg. 3, ¶ 0056; pg. 4, ¶ 0098) thereby providing more freedom of movement to the device in order to more precisely accommodate for audience location or seating, as already taught by Sprinkle Sprinkle in view of Goldfarb (Sprinkle pg. 2, ¶ 0020).
As to claim 16, Sprinkle in view of Goldfarb and Park further discloses wherein the playback device is configured to cause the second body portion to rotate and/or tilt relative to the first body portion based on a location of a listener (Sprinkle pg. 2, ¶ 0020; Park pg. 3, ¶ 0051; pg. 15, ¶ 0252 - ¶ 0253).
Allowable Subject Matter
6. Claims 5 and 8 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.
Response to Arguments
7. Applicant's arguments filed April 23, 2023 have been fully considered but they are not persuasive.
Regarding claims 1, 18, and 19, Applicant argues that “the combination of Sprinkle and Goldfarb does not disclose or suggest at least these features of the amended claims” because the columns in Sprinkle “act as a structural spacer designed to hold wires and resistors,” and Sprinkle further “provides no teaching or suggestion that the columns enable fluid communication between the two body portions, nor does it teach or suggest the columns act as a bass port.” Regarding Goldfarb, Applicant further argues “Goldfarb does not teach or suggest using a rigid connecting portion which is movable/extendable to at least partially define a bass port,” and that “Goldfarb either provides a tuned port 30/31 is a non-adjustable enclosure or an adjustable volume enclosure without a port.” Therefore “the combination of Sprinkle and Goldfarb therefore does not suggest the subject matter of amended claims 1, 18 or 19.”
Applicant further argues no motivation to combine “because the teachings are structurally incompatible,” and combining them “would render Sprinkle unsatisfactory for its intended purpose and would therefore change its basic principle of operation.” Applicant argues that “converting Sprinkle’s wire-carrying columns 18 to provide an internal volume for changing bass response requires substantial reconstruction and changes the basic principle under which Sprinkle’s column was designed to operate.”
Examiner respectfully disagrees. In response to applicant’s argument that there is no teaching, suggestion, or motivation to combine the references, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). In this case, Sprinkle does not disclose wherein the substantially rigid connecting portion at least partially defines a bass port of the playback device, however it does disclose the use of a bass speaker connected to the connecting tube portions (see figures 1-3; pg. 2, ¶ 0018, ¶ 0020). Goldfarb discloses a similar playback device, and further discloses an adjustable connecting tube portion between speaker drivers, as similarly disclosed by Sprinkle, wherein the tube portion has a tuned port for producing bass resonance and increasing bass response (see col. 3, lines 8-30). The proposed modification is therefore considered obvious given the combined teachings of Sprinkle and Goldfarb, the motivation being to provide a playback device with a woofer speaker as taught by Sprinkle, with an increased bass response, and doing so using tube structures already present in the playback device housing (Goldfarb col. 3, lines 8-30).
Regarding the column construction, Sprinkle only discloses that they can be added or removed to adjust the distance between the woofer and the loudspeaker array (see figures 1-3; pg. 2, ¶ 0020), and have wires and electrical connectors to ensure the electrical coupling between the array and the audio controller (see pg. 2, ¶ 0022). As noted by Applicant, there is no mention of an internal volume, however there is also no mention of a lack of volume. That is, the structure of the columns as taught by Sprinkle does not appear to be particularly limited as either a solid or hollow structure, the only requirement seems to be that they provide the spacing function and provide electrical coupling between speaker structures via wires and/or connectors.
It is further noted that the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981). In this case, Goldfarb is merely relied on for teaching a tuned bass port in a tubular structure. As Sprinkle already teaches the use of tubular structures in the playback device, the addition of a tuned port on said structures is not considered to require substantial reconstruction to the device as taught by Sprinkle, nor would it change the basic principle under which Sprinkle’s column was designed to operate, as they could still perform the spacing and electrical functions required by Sprinkle. Examiner maintains the claimed invention as obvious in view of Sprinkle and Goldfarb.
Conclusion
8. Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
9. Any inquiry concerning this communication or earlier communications from the examiner should be directed to SABRINA DIAZ whose telephone number is (571)272-1621. The examiner can normally be reached Monday-Friday 9am-5pm.
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, Ahmad Matar can be reached at 5712727488. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SABRINA DIAZ/Examiner, Art Unit 2693
/AHMAD F. MATAR/Supervisory Patent Examiner, Art Unit 2693
Prosecution Insights