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
Changes to claims 14 and 20 have been reviewed and accepted; therefore, rejection of claims 14-23 under 35 U.S.C. 112(b), second paragraph, has been withdrawn.
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, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-4, 6-7, 10, 14-17, 19, 20-24 are rejected under 35 U.S.C. 103 as being unpatentable over US 20140141759 A1 (Bowser et al., hereinafter Bowser) in view of US 20110070819 A1 (Shimy et ala., hereinafter Shimy).
Regarding claim 1, Bowser discloses a data processing apparatus (Figs. 1-5) comprising circuitry configured to execute operations (Fig. 5, par. [0055], “processor 305, a memory 310, and communication hardware 315”) and comprising:
initiating output of content comprising one or more of audio content and visual content (table 1, “video” and “music”);
determining, based on one or more first short-range wireless discovery signals received from each of [two or more] other apparatuses in a vicinity of the data processing apparatus when output of the content is initiated, an identity of each of the [two or more] other apparatuses (par. [0058], “policy 325 may specify modifications for one or more functions at one or more specified ranges 12”; claim 10, where Bluetooth inherently uses a discovery process in which the originating device advertises/broadcasts its MAC address and that requires identifying information from counterpart devices for pairing); and
determining, based on one or more second short-range wireless discovery signals received from each of the [two or more] other apparatuses, that at least one of the [two or more] other apparatuses no longer in the vicinity of the data processing apparatus (par. [0072], “the proximity module 320 may modify 510 a wireless data stream function to a reduced service rate if the distance 125 is within the medium range 120b”; Fig. 4 shows second short range 120b), and in response, pausing output of the content (Table 1, shows the modification of “video” and “music” to “pause display” and “pause music” when reaching the medium range 120b).
Bowser does not specifically disclose where the apparatuses are two or more.
In related art concerning systems and methods for automatically detecting users within detection regions of media devices, Shimy discloses about two or more apparatuses (Figs. 4 and 11; at least pars. [0009], [0051], [0073], [0090]-[0091], [0104], [0121], [0140],[0152], where “media content source 416” can provide content to more than two “active users” using “apparatus” 402, 404, 406 directly; also, Short-range protocols provide within and out of range detection).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to use Shimy’s teachings about two apparatuses being active/linked with the method of modifying a function based on user proximity disclosed by Bowser because one of ordinary skill in the art would have recognized that short range communication devices are capable of receiving more than two discovery signals from devices that are within range of detection and short-range devices are capable of detecting when one of the devices leaves the detection range.
Note: it is not clear if the two devices are connected simultaneously to data processing apparatus providing the content. Based on Bluetooth/RFID technology, detecting and discovery of two or more devices within proximity is known. However, actual link connection cannot be done simultaneously.
Regarding claim 14 Bowser discloses a computer-implemented method for controlling output of a data processing apparatus (Fig. 7; pars. [0055] and [0067], “function modification method 500”), the method comprising:
initiating output of content comprising one or more of audio content and visual content (table 1, “video” and “music”);
determining, based on one or more first short-range wireless discovery signals received from each of [two or more] other apparatuses in a vicinity of the data processing apparatus when output of the content is initiated, an identity of each of the [two or more] other apparatuses (par. [0058], “policy 325 may specify modifications for one or more functions at one or more specified ranges 12”; claim 10, where Bluetooth inherently uses a discovery process in which the originating device advertises/broadcasts its MAC address and that requires identifying information from counterpart devices for pairing); and
determining, based on one or more second short-range wireless discovery signals received from each of the [two or more] other apparatuses, that at least one of the [two or more] other apparatuses no longer in the vicinity of the data processing apparatus (par. [0072], “the proximity module 320 may modify 510 a wireless data stream function to a reduced service rate if the distance 125 is within the medium range 120b”; Fig. 4 shows second short range 120b), and in response, pausing output of the content (Table 1, shows the modification of “video” and “music” to “pause display” and “pause music” when reaching the medium range 120b).
Bowser does not specifically disclose where the apparatuses are two or more.
Shimy discloses about two or more apparatuses (Figs. 4 and 11; at least pars. [0009], [0051], [0073], [0090]-[0091], [0104], [0121], [0140],[0152], where “media content source 416” can provide content to more than two “active users” using “apparatus” 402, 404, 406 directly; also, Short-range protocols provide within and out of range detection).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to use Shimy’s teachings about two apparatuses being active/linked with the method of modifying a function based on user proximity disclosed by Bowser because one of ordinary skill in the art would have recognized that short range communication devices are capable of receiving more than two discovery signals from devices that are within range of detection and short-range devices are capable of detecting when one of the devices leaves the detection range.
Regarding claim 20 Bowser discloses a non-transitory computer-readable storage medium coupled to one or more processors and having instructions stored thereon which, when executed by the one or more processors (Fig. 5, par. [0055], “processor 305, a memory 310, and communication hardware 315”, where the memory store instructions for execution by the processor), cause the one or more processors to perform operations comprising:
initiating output of audio and/or visual content (table 1, “video” and “music”);
determining, based on one or more first short-range wireless discovery signals received from each of [two or more] other apparatuses in a vicinity of a data processing apparatus when output of the content is initiated, an identity of each of the [two or more] other apparatuses (par. [0058], “policy 325 may specify modifications for one or more functions at one or more specified ranges 12”; claim 10, where Bluetooth inherently uses a discovery process in which the originating device advertises/broadcasts its MAC address and that requires identifying information from counterpart devices for pairing); and
determining, based on one or more second short-range wireless discovery signals received from each of the two or more other apparatuses, whether any of the two or more other apparatuses are no longer in the vicinity of the data processing apparatus (par. [0072], “the proximity module 320 may modify 510 a wireless data stream function to a reduced service rate if the distance 125 is within the medium range 120b”; Fig. 4 shows second short range 120b); and
when any of the [two] or more other apparatuses are no longer in the vicinity of the data processing apparatus, pausing output of the content (Table 1, shows the modification of “video” and “music” to “pause display” and “pause music” when reaching the medium range 120b).
Bowser does not specifically disclose where the apparatuses are two or more.
Shimy discloses about two or more apparatuses (Figs. 4 and 11; at least pars. [0009], [0051], [0073], [0090]-[0091], [0104], [0121], [0140],[0152], where “media content source 416” can provide content to more than two “active users” using “apparatus” 402, 404, 406 directly; also, Short-range protocols provide within and out of range detection).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to use Shimy’s teachings about two apparatuses being active/linked with the method of modifying a function based on user proximity disclosed by Bowser because one of ordinary skill in the art would have recognized that short range communication devices are capable of receiving more than two discovery signals from devices that are within range of detection and short-range devices are capable of detecting when one of the devices leaves the detection range.
Regarding claims 2, 15 and 21, Bowser and Shimy disclose all the limitations of claims 1, 14 and 20, respectively. Bowser further discloses wherein operations further comprise determining that each of the [two or more] other apparatuses is in the vicinity of the data processing apparatus in response to a measured signal strength of the one or more first short-range wireless discovery signals received from each of the [two] or more other apparatuses (par. [0047], “A distance 125 between an electronic device 105 and the transported device 110 may be calculated using a Received Signal Strength Indicator (RSSI)…”) exceeding a first threshold (Table 1, where each of the “Near Range”, “Medium Range” and “Far Range” would be detected by specific signal strength levels) for a first predetermined time period (par. [0042], reads on a time period; par. [0068], also a round time of arrival reads on the limitation).
Regarding claims 3, 16 and 22, Bowser and Shimy disclose all the limitations of claims 2, 15 and 21, respectively. Bowser further discloses wherein the first predetermined time period begins when the output of the content is initiated (pars. [0038] and [0042], where the beginning of the period starts when the service provided starts the streaming or delivery).
Regarding claims 4, 17 and 23, Bowser and Shimy disclose all the limitations of claims 2, 15 and 21, respectively. Bowser further discloses wherein the circuitry is configured to determine that the at least one of the [two or more] other apparatuses is determined to be no longer in the vicinity of the data processing apparatus when a measured signal strength of the one or more second short-range wireless discovery signals received from the one of the [two or more] other apparatuses falls below a second threshold for a second predetermined time period (Table 1 and Fig. 4, “Near Range”, “Medium Range” and “Far Range”. A “Medium range” would require a second level/threshold signal strength for operation compared to Range 120c. Signal strength is inversely proportional to distance; therefore, as a device moves away, the signal strength decreases; par. [0047], “A distance 125 between an electronic device 105 and the transported device 110 may be calculated using a Received Signal Strength Indicator (RSSI)…”) exceeding a first threshold (Table 1, where the “Near Range”, “Medium Range” and “Far Range” would be detected by specific signal strength levels) for a first predetermined time period (par. [0042], reads on a time period; par. [0068], also a round time of arrival reads on the limitation).
Regarding claims 6 and 19, Bowser and Shimy disclose all the limitations of claims 1 and 14, respectively. Bowser further discloses wherein operations further comprise, when output of the content is paused: determining, based on one or more third short-range wireless discovery signals received from each of the [two or more] other apparatuses, that all of the [two or more] other apparatuses are again in the vicinity of the data processing apparatus, and in response, resuming output of the content (par. [0062], “the modification unlocks the electronic device 105. For example, the modification may allow access to the user interface of the electronic device 105.”; par. [0063], “’inactive to active’”, when entering/re-entering range 120c a new signal is detected that meets the signal strength requirement for link connection).
Regarding claim 7, Bowser and Shimy disclose all the limitations of claim 6. Bowser further discloses wherein the circuitry is configured to determine operations further comprise determining that the at least one of the [two or more] other apparatuses which was no longer in the vicinity of the data processing apparatus is again in the vicinity of the data processing apparatus in response to a measured signal strength of the one or more third short-range wireless discovery signals received from the one of the [two or more] other apparatuses exceeding exceeds a third threshold for a third predetermined time period (par. [0062], “the modification unlocks the electronic device 105. For example, the modification may allow access to the user interface of the electronic device 105.”; par. [0063], “’inactive to active’”, when entering/re-entering range 120c a new signal is detected that meets the signal strength requirement for link connection; par. [0042], reads on a time period; par. [0068], also a round time of arrival of a newly detected signal within the range 120c when re-entering the range).
Regarding claim 10, Bowser and Shimy disclose all the limitations of claim 1. Bowser further discloses wherein: the first short-range wireless discovery signal and the second and third short-range wireless discovery signals comprises Bluetooth® Frequency Hopping Synchronization, FHS, packets received in response to Bluetooth® inquiry signals transmitted by the circuitry (claim 10, “Bluetooth”, where BT protocol inherently comprises FHS).
This listing of claims replaces all prior versions and listings of claims in the application.
Regarding claim 24, Bowser and Shimy disclose all the limitations of claim 1. Shimy further discloses wherein the data processing apparatus is a video game console and the content comprises a video game (par. [0065], “where “non-portable gaming machine” reads on game console where video games are played), and wherein the two or more apparatuses are personal devices of two or more users observing or interacting with the video game (par. [0104], “mobile device”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to use Shimy’s teachings about a gaming console and video game content with the method of modifying a function based on user proximity disclosed by Bowser because one of ordinary skill in the art would have recognized that the gaming consols paired or discovered by mobile devices is one of many types of devices where short-range discovery and identification can be effectuated, among many other types of devices.
Claims 5, 8 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Bowser in view of Shimy, and further in view of US 20200004496 A1 (Park et al., hereainafter Park).
Regarding claims 5 and 18, Bowser and Shimy disclose all the limitations of claims 2 and 15, respectively.
Although implied, Bowser does not specifically disclose wherein the circuitry is configured to determine that the at least one of the one or more other apparatuses is determined to be no longer in the vicinity of the data processing apparatus when a measured signal strength of the one or more second short-range wireless discovery signals received from the one of the one or more other apparatuses falls with a rate of change in magnitude of at least a first threshold.
In related art concerning method and apparatus for streaming audio by using wireless link, Park discloses wherein the circuitry is configured to determine that the at least one of the one or more other apparatuses is determined to be no longer in the vicinity of the data processing apparatus when a measured signal strength of the one or more second short-range wireless discovery signals received from the one of the one or more other apparatuses falls with a rate of change in magnitude of at least a first threshold (par. [0003], “reproduction of the audio streaming using such a wireless link may be temporarily stopped in the middle of the audio reproduction. … as the signal strength of the wireless link becomes weaker, or the output device becomes out of the coverage of the wireless link when the distance between the user terminal and the output device becomes more increased”, reads on decreased change of rate; par. [0004], “…the packet loss and the re-transmission rate are increased due to the change in distance between devices, the change in signal strength… reproduction interruption…occurs”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to use Park’s teachings about determining that the at least one of the one or more other apparatuses is determined to be no longer in the vicinity of the data processing apparatus when a measured signal strength of the one or more second short-range wireless discovery signals received from the one of the one or more other apparatuses falls with a rate of change in magnitude of at least a first threshold with the method of modifying a function based on user proximity disclosed by Bowser and Shimy because one of ordinary skill in the art would have recognized that disconnecting a link after a certain decreased rate of power is detected would save battery power and may reduce streaming cost, among others.
Regarding claim 8, Bowser and Shimy disclose all the limitations of claim 6.
Although implied, Bowser does not specifically disclose determining that the at least one of the one or more other apparatuses which was no longer in the vicinity of the data processing apparatus is again in the vicinity of the data processing apparatus in response to a measured signal strength of the one or more third short-range wireless discovery signals received from the one of the one or more other apparatuses increases increasing with a rate of change in magnitude of at least a second threshold.
Park more explicitly discloses determining that the at least one of the one or more other apparatuses which was no longer in the vicinity of the data processing apparatus is again in the vicinity of the data processing apparatus in response to a measured signal strength of the one or more third short-range wireless discovery signals received from the one of the one or more other apparatuses increases increasing with a rate of change in magnitude of at least a second threshold (pars. [0003]-[0004], “reproduction of the audio streaming using such a wireless link may be temporarily stopped in the middle of the audio reproduction. … as the signal strength of the wireless link becomes weaker, or the output device becomes out of the coverage of the wireless link when the distance between the user terminal and the output device becomes more increased” where as the distance increases, the rate of strength decreases and vice versa: therefore, when the device is approaching the first originating area, the signal strength rate increases).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to use Park’s teachings about determining that the at least one of the one or more other apparatuses which was no longer in the vicinity of the data processing apparatus is again in the vicinity of the data processing apparatus in response to a measured signal strength of the one or more third short-range wireless discovery signals received from the one of the one or more other apparatuses increasing with a rate of change in magnitude of at least a second threshold with the method of modifying a function based on user proximity disclosed by Bowser and Shimy because one of ordinary skill in the art would have recognized that the magnate of the signal strength increases its rate when the device/s approach the detecting/originating area.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Bowser in view of Shimy, and further in view of US 20140223460 A1 (Hatambeiki).
Regarding claim 9, Bowser and Shimy disclose all the limitations of claim 1.
Bowser does not specifically disclose storing the identity of each of the one or more other apparatuses from which the one or more first short-range wireless discovery signals are received (par. [0050], “The wireless communication fingerprint may comprise the identities … the transported device 110…Alternatively, the transported device 110 may record the wireless communication fingerprint and communicate the wireless communication fingerprint to the electronic device 105, and the electronic device 105…”); while output of the content is paused (Table 1, “Medium range”, “paused”).
Bowser does not specifically disclose receiving an input from a user instructing output of the content to be resumed; and in response to the input, resuming output of the content and removing the identity of any of the one or more other apparatuses determined to no longer be in the vicinity of the data processing apparatus at a time when the input from the user is received.
In related art concerning system and method for user monitoring and intent determination, Hatambeiki discloses receiving an input from a user instructing output of the content to be resumed (pars. [0018] and [0027], “the entry of a user into a viewing environment may trigger an offer to resume playback of previously paused content… offer to resume playback of a content stream which was previously paused in that other environment…”); and in response to the input, resuming output of the content (pars. [0018] and [0027], “… offer to resume playback of a content stream which was previously paused in that other environment…”; par. [0017], where the user responds to the offer with an input by using “If confirmed by the user…which confirmation may take the form of a gesture, spoken command, remote control input, etc.”), removing the identity of any of the one or more other apparatuses determined to no longer be in the vicinity of the data processing apparatus at a time when the input from the user is received (par. [0023], “a "user exit event" indicative of one or more users exiting or preparing to exit the viewing area can be used by the system to take actions that would remove consideration of the exiting user's preference, to place the system into a state that is appropriate for the remaining users…upon detection of a ‘user exit event’ can be set so as to be specific to the identity of the exiting user or users…”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to use Hatambeiki’s teachings about receiving an input from a user instructing output of the content to be resumed; and in response to the input, resuming output of the content and removing the identity of any of the one or more other apparatuses determined to no longer be in the vicinity of the data processing apparatus at a time when the input from the user is received with the method of modifying a function based on user proximity disclosed by Bowser and Shimy because one of ordinary skill in the art would have recognized that by removing the preferences that include identifying information of the exiting device, “the remaining user (s) can be prompted if a reversing action is to take place). For example, video that was paused can be resumed, electronic program guides/favorite channel listings can be restored, etc.” (Hatambeiki, par. [0023]).
Response to Arguments
Applicant’s arguments with respect to claims 1-10 and 14-24 have been considered but are moot in new grounds of rejection.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20160019746 A1 relates to system and method for remote control gaming sessions using a mobile device. temporary Bluetooth pairing.
US 20140164225 A1 relates to method and apparatus for content distribution and deferred payment over a wireless network.
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.
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/ANGELICA PEREZ/Primary Examiner, Art Unit 2649
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