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 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.
Claim 6 is 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 6 recites the limitation "the horizontal separation" in line 3 of the claim. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-4, 14 and 17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent Pub No 2020/0169821 A1 to Sprinkle.
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).
As to claim 2, Sprinkle 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 (see figures 1-3; pg. 2, ¶ 0020).
As to claim 3, Sprinkle 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 (see pg. 2, ¶ 0019 - ¶ 0020).
As to claim 4, Sprinkle 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 (see pg. 2, ¶ 0019 - ¶ 0020).
As to claim 14, Sprinkle 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 (see figure 8; pgs. 2-3, ¶ 0020 - ¶ 0023).
As to claim 17, Sprinkle 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 (see figure 8; pgs. 2-3, ¶ 0020 - ¶ 0023).
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.
Claim(s) 6 and 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sprinkle.
As to claim 6, Sprinkle discloses the playback device of claim 1.
Sprinkle 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 the 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, 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.
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).
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).
As to claim 20, Sprinkle 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 (see pg. 2, ¶ 0020).
Claim(s) 7, 9-10 and 12-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sprinkle in view of US Patent No 5450495 to Goldfarb.
As to claim 7, Sprinkle discloses the playback device of claim 1.
Sprinkle 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 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).
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 7.
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).
Claim(s) 15-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sprinkle in view of US Patent Pub No 2017/0295426 A1 to Park et al. (“Park”).
As to claim 15, Sprinkle discloses the playback device of claim 1.
Sprinkle 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 (see 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 (see pg. 2, ¶ 0020).
As to claim 16, Sprinkle in view of 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
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.
The following is a statement of reasons for the indication of allowable subject matter:
Claim 5 further limits the first configuration of the playback device as having the second speaker driver in an active state such that it outputs audio and the third speaker driver in a deactivated state such that it does not output audio, and the second configuration such that the second speaker driver is in an active state such that it outputs audio and the third speaker driver is in an active state such that it outputs audio.
Claim 8 further limits the connecting portion of the playback device as being adjustable in length and between at least a first length and a second length, wherein the second length is longer than the first length, and the length is measured between a first end of the connecting portion and a second end of the connecting portion. The connecting portion delimits an aperture along the length of the connecting portion between the first end and the second end, and when the connecting portion has the first length: the aperture is closed and the bass port has a length substantially equal to the first length, and when the connecting portion has the second length: the aperture is open and the bass port has a length substantially equal to the first length, with the length of the bass port being measured between the first end of the connecting portion and the open aperture.
The closest prior art, either alone or in combination, fails to anticipate or render obvious the claimed invention as recited in dependent claims 5 and 8.
Conclusion
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.
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.
/SABRINA DIAZ/Examiner, Art Unit 2693
/AHMAD F. MATAR/Supervisory Patent Examiner, Art Unit