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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 5/28/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Objections
Claim 18 is objected to because of the following informalities: claim 18 recites “further comprising instructions for, :” There appears to be a typographical error due to extra punctuation. Appropriate correction is required.
Claim Interpretation
The broadest reasonable interpretation (BRI) of claims 1-13 includes contingent limitations. The broadest reasonable interpretation of a method (or process) claim having contingent limitations requires only those steps that must be performed and does not include steps that are not required to be performed because the condition(s) precedent are not met. See MPEP 2111.04(II). For example, claim 1 recites (emphasis added):
A method, comprising:
while a first user associated with a first user device is participating in a first shared playback session and a second user associated with a second user device is not participating in the first shared playback session:
detecting one or more of (i) a first shake movement of the first user device or (ii) a second shake movement of the second user device;
in accordance with a first determination that the first shake movement of the first user device is detected within a threshold time period of detecting the second shake movement of the second user device, adding the second user associated with the second user device to the first shared playback session; and
in accordance with a second determination that the first shake movement of the first user device is not detected within the threshold time period of detecting the second shake movement of the second user device, forgoing adding the second user associated with the second user device to the first shared playback session.
The BRI of claim 1 requires steps a) and b) with steps c) and d) being contingent (and thus, not required). Steps c) and d) include steps that are not required to be performed because the conditions precedent are not met {e.g. steps c) and d) requires a determination whether the first shake movement occurs or not, but step b) allows for only a second shake movement of the second user device to occur}. Any dependent claim(s) that depend on a contingent limitation are also contingent.
For purposes of examination, and because the BRI of system claim 15 and CRM claim 20 requires structure to perform all of the functions of claim 1, prior art will be applied to all the limitations of claim number 1. In other words, for method claim 1, although only steps a) and b) are required, the current rejection includes steps a), b), c), and d) because steps a), b), c), and d) are required for system claim 15 and CRM claim 20.
Claim Rejections - 35 USC § 102
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 (i.e., changing from AIA to pre-AIA ) 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 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.
Claims 1-5, 14-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Anderson et al., Patent Application Publication Number US 20130117693 A1 (hereinafter “Anderson”).
Claim 1: Anderson teaches “A method, comprising:
while a first user associated with a first user device is participating in a first shared playback session and a second user associated with a second user device is not participating in the first shared playback session (i.e. user A may be listening to content on his media output device (e.g., headphones or headset) that is connected to his media source device (e.g., Smartphone)… User B may want to listen to what user A is listening to via user B's media output device (e.g., headphones or headset)… [Anderson 0017, Fig. 2-3, 8] note: fig 2 shows User A ready to share, which is participating in a shared playback session, and a moment before User B is ready to receive. In this moment, User B is not yet participating in the shared playback session. Note2: fig. 3 shows User A listening to music in the top circle, while User B is not):
detecting one or more of (i) a first shake movement of the first user device or (ii) a second shake movement of the second user device (i.e. Each of the headphones may contain motion sensors… that can detect and resolve specific motions or gestures of the headset, or the user's head when the headset is placed on the head. User A makes a predefined motion that is resolved to a Share-Out command. User B makes a predefined motion that is resolved to a Share-In command [Anderson 0047, Fig. 2-3]… In addition to headphones, other examples of media output devices include… portable displays, tablets, laptops [Anderson 0112]) note: Anderson Fig. 3 shows a forward gesture (or motion) performed by user A, and a backwards gesture (or motion) performed by user B. Note2: any motion of the device shakes the device);
in accordance with a first determination that the first shake movement of the first user device is detected within a threshold time period of detecting the second shake movement of the second user device, adding the second user associated with the second user device to the first shared playback session (i.e. user A may indicate to his headphone his intention to get into Share Mode and that he is the one who will share (Ready to share). User B may indicate to his headphone his intention to get into Share Mode and that he is the one who will receive the content (Ready to receive)…. The above two events can happen in any order, but preferably happen within a predefined time (e.g., 20 seconds) [Anderson 0058-0059, Fig. 1-4] note: Anderson Fig. 3 shows that devices wait for 20 seconds to receive the gesture (or motion, see 0047 above) from the other device) (i.e. User Case I1
2. [User] A gestures forward
3. [User] B gestures backward within 20 sec.
4. [User] A shares with [User] B [Anderson 0061-0065]); and
in accordance with a second determination that the first shake movement of the first user device is not detected within the threshold time period of detecting the second shake movement of the second user device, forgoing adding the second user associated with the second user device to the first shared playback session (Anderson Fig. 3 shows that if more than 20 seconds elapse, the devices return to their previous states, and sharing step is not performed) (i.e. Use Case I3
2. A gestures forward
3. B does not gesture within 20 sec.
4. A gets indication of no response from B [Anderson 0071-0075]).”
Claim 2: Anderson teaches “The method of claim 1, further comprising, in accordance with the first determination that the first shake movement of the first user device is detected within a threshold time period of detecting the second shake movement of the second user device:
in accordance with a determination that the first user device is within a geographic proximity of the second user device, adding the second user associated with the second user device to the first shared playback session (i.e. the various contactless technologies described may be tuned to only establish a communications link when the two headsets are within un-naturally close proximity of each other (e.g., within 2 cm) [Anderson 0039]); and
in accordance with a determination that the first user device is not within a geographic proximity of the second user device, forgoing adding the second user associated with the second user device to the first shared playback session (i.e. the various contactless technologies described may be tuned to only establish a communications link when the two headsets are within un-naturally close proximity of each other (e.g., within 2 cm) [Anderson 0039]).”
Claim 3: Anderson teaches “The method of claim 1, further comprising, prior to the first user associated with the first user device participating in the first shared playback session and as part of the first user device executing a process to initiate or join a shared playback session:
detecting an initial shake movement of the first user device corresponding to the first shake movement;
in response to detecting the initial shake movement of the first user device, concurrently:
triggering a search for available shared playback sessions; and
displaying an option for initiating a shared playback session (i.e. User A may open an application that displays a button for sharing out. The application sends the command to User A's headphone to initiate a share-out state. User B may put his headphone into a pairing mode (there are a variety of ways to do this that are common in this industry). User A's headphones may look for other headphones that are in pairing mode. It may transmit the available headphones to the smartphone application and display them to User A. User A may then select the headphone that he wants to pair with [Anderson 0049, Fig. 3] note: Anderson discloses motion can be substituted for gestures in 0047, above. Note2: Anderson’s search for available playback devices is a search to listen to the same music, or shared playback session).”
Claim 4: Anderson teaches “The method of claim 3, further comprising:
detecting a first user input selecting the option for initiating a shared playback session; and
in response to detecting the first user input, initiating the first shared playback session (i.e. User A may open an application that displays a button for sharing out. The application sends the command to User A's headphone to initiate a share-out state. User B may put his headphone into a pairing mode (there are a variety of ways to do this that are common in this industry). User A's headphones may look for other headphones that are in pairing mode. It may transmit the available headphones to the smartphone application and display them to User A. User A may then select the headphone that he wants to pair with… then the two headphones may connect and share [Anderson 0049, Fig. 3]).”
Claim 5: Anderson teaches “The method of claim 4, further comprising, after initiating the first shared playback session:
displaying a user interface element indicating the first shared playback session is initiated (i.e. When the users are done, either user may toggle a button or User A may press a button in the application to terminate the sharing [0049] note: a button that terminates sharing indicates that a playback session has been initiated);
detecting the second shake movement of the second user device within the threshold time period of detecting the initial shake movement of the first user device in accordance with the first determination (i.e. user A may indicate to his headphone his intention to get into Share Mode and that he is the one who will share (Ready to share). User B may indicate to his headphone his intention to get into Share Mode and that he is the one who will receive the content (Ready to receive)…. The above two events can happen in any order, but preferably happen within a predefined time (e.g., 20 seconds) [Anderson 0058-0059, Fig. 1-4] note: Anderson Fig. 3 shows that devices wait for 20 seconds to receive the gesture (or motion, see 0047 above) from the other device); and
in response to detecting the second shake movement of the second user device within the threshold time period of detecting the initial shake movement of the first user device in accordance with the first determination, adding the second user associated with the second user device to the first shared playback session without detecting a further shake movement of the first user device (i.e. user A may indicate to his headphone his intention to get into Share Mode and that he is the one who will share (Ready to share). User B may indicate to his headphone his intention to get into Share Mode and that he is the one who will receive the content (Ready to receive)…. The above two events can happen in any order, but preferably happen within a predefined time (e.g., 20 seconds) [Anderson 0058-0059, Fig. 1-4] note: Anderson Fig. 3 shows that devices wait for 20 seconds to receive the gesture (or motion, see 0047 above) from the other device) (i.e. User Case I1
2. [User] A gestures forward
3. [User] B gestures backward within 20 sec.
4. [User] A shares with [User] B [Anderson 0061-0065]).”
Claim 14: Anderson teaches “The method of claim 1, wherein the first user associated with the first user device is hosting the first shared playback session (i.e. The state of the first media output device may need to be detected (906) to determine whether to share the streaming media from the first media output device to the second media output device or from the second media output device to the first media output device (e.g., which device is the share-out and which device is the share-in) [Anderson 0021] note: either the first device or the second device can host).”
Claim 15: Anderson teaches a computer system comprising: one or more processors; and
memory storing one or more programs, the one or more programs including instructions (i.e. Any of the software components or functions described in this application, may be implemented as software code to be executed by a processor… The software code may be stored as a series of instructions, or commands on a computer readable medium [Anderson 0132]) for performing the method of claim 1; therefore, it is rejected under the same rationale.
Claim 16: Claim 16 is similar in content and in scope to claim 2, thus it is rejected under the same rationale.
Claim 17: Claim 17 is similar in content and in scope to claim 3, thus it is rejected under the same rationale.
Claim 18: Claim 18 is similar in content and in scope to claim 4, thus it is rejected under the same rationale.
Claim 19: Claim 19 is similar in content and in scope to claim 5, thus it is rejected under the same rationale.
Claim 20: Anderson teaches a non-transitory computer-readable storage medium storing one or more programs for execution by a computer system with one or more processors, the one or more programs comprising instructions (i.e. Any of the software components or functions described in this application, may be implemented as software code to be executed by a processor… The software code may be stored as a series of instructions, or commands on a computer readable medium [Anderson 0132]) for performing the method of claim 1; therefore, it is rejected under the same rationale.
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.
Claims 6-9, and 11-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Anderson, in view of Broberg et al., Patent Application Publication number US 20220247802 A1 (hereinafter “Broberg”).
Claim 6: Anderson teaches all the limitations of claim 3, above.
Anderson is silent regarding “further comprising: in response to detecting one or more shared playback sessions are available, displaying an indication for joining a respective shared playback session of the one or more shared playback sessions; and in response to detecting a second user input selecting the indication for joining the respective shared playback session, adding the first user device to the respective shared playback session.”
Broberg teaches “further comprising:
in response to detecting one or more shared playback sessions are available, displaying an indication for joining a respective shared playback session of the one or more shared playback sessions; and
in response to detecting a second user input selecting the indication for joining the respective shared playback session, adding the first user device to the respective shared playback session (i.e. the third electronic device sends (312) a request for information about shared listening sessions that are currently available… the server system sends (314) one or more shared listening session IDs (e.g., sends a list of available shared listening sessions)… In response to selection of the first shared listening session, a request to join the first shared listening session (316) is sent from the third electronic device 102-3 to the server system 104… in response to the request to join the first shared listening session… the user of the third electronic device 102-3 joins the first listening session [Broberg 0071-0073, Fig. 3]).”
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention/combination of Anderson to include the feature of having the ability to selectively join a playback session as disclosed by Broberg.
One would have been motivated to do so, before the effective filing date of the invention because it provides the benefit for the user to choose which session to join, which provides more user choice, increasing user flexibility and user satisfaction.
Claim 7: Anderson and Broberg teach all the limitations of claim 6, above. Anderson and Broberg in claim 1 discloses a shake motion for joining a playback session (see Anderson 0058-0059, Fig. 1-4, 0047 , and 0061-0065], above). Broberg discloses an indication that a device has joined a playback session, while detecting one or more shared playback sessions:
Broberg teaches “wherein detecting the one or more shared playback sessions are available includes receiving an indication that… a device that is participating in a shared playback session of the one or more shared playback sessions is detected (i.e. graphical user interface 210-2 includes a device selection portion 202-2. For example, device selection portion 202-2 includes user interface objects corresponding to various presentation devices: “This iPhone” 203-2, “Living Room” 204-2, and “More devices” 205-2. In this example, the living room speaker is already in use (e.g., by the user of the device 102-1) as a shared listening session… a shared listening session is active on the living room speaker (e.g., using method 500, FIGS. 5A-5B) [Broberg 0062, Fig. 2M-2N element 204-2]).”
One would have been motivated to combine Anderson and Broberg, before the effective filing date of the invention because it provides the benefit to be able to join a specific playback session that another user has already joined, allowing both users to listen to the same music at the same time, which increases the social function of the music listening app.
Claim 8: Anderson and Broberg teach all the limitations of claim 6, above. Anderson and Broberg in claim 1 discloses gestures or motions to execute a command (see Anderson 0047, above). Broberg discloses an input selecting the indication for joining a respective shared playback session with a command:
Broberg teaches “wherein the second user input selecting the indication for joining the respective shared playback session comprises performing a… gesture (i.e. graphical user interface 210-2 includes a device selection portion 202-2. For example, device selection portion 202-2 includes user interface objects corresponding to various presentation devices: “This iPhone” 203-2, “Living Room” 204-2, and “More devices” 205-2. In this example, the living room speaker is already in use (e.g., by the user of the device 102-1) as a shared listening session. Thus, user interface 210-2 includes an affordance 244 for joining and/or leaving the shared listening session. Note that, in some embodiments, the device has recognized, without user intervention, that a shared listening session is active on the living room speaker (e.g., using method 500, FIGS. 5A-5B), and thus provided the affordance 244 to join and/or leave the shared listening session [Broberg 0062, Fig. 2M-2N]).”
One would have been motivated to combine Anderson and Broberg, before the effective filing date of the invention because it provides the benefit for the user to choose which session to join, which provides more user choice, increasing user flexibility and user satisfaction.
Claim 9: Anderson and Broberg teach all the limitations of claim 6, above. Broberg teaches “wherein the second user input selecting the indication for joining the respective shared playback session comprises a tap input directed to the indication for joining the respective shared playback session at the first user device (i.e. graphical user interface 210-2 includes a device selection portion 202-2. For example, device selection portion 202-2 includes user interface objects corresponding to various presentation devices: “This iPhone” 203-2, “Living Room” 204-2, and “More devices” 205-2. In this example, the living room speaker is already in use (e.g., by the user of the device 102-1) as a shared listening session. Thus, user interface 210-2 includes an affordance 244 for joining and/or leaving the shared listening session. Note that, in some embodiments, the device has recognized, without user intervention, that a shared listening session is active on the living room speaker (e.g., using method 500, FIGS. 5A-5B), and thus provided the affordance 244 to join and/or leave the shared listening session [Broberg 0062, Fig. 2M-2N]).”
One would have been motivated to combine Anderson and Broberg, before the effective filing date of the invention because it provides the benefit for the user to choose which session to join, which provides more user choice, increasing user flexibility and user satisfaction.
Claim 11: Anderson teaches all the limitations of claim 3, above. Anderson teaches “wherein an indication of triggering the search for available shared playback sessions and the option for initiating a shared playback session are concurrently displayed in a first user interface element (i.e. User A may open an application that displays a button for sharing out. The application sends the command to User A's headphone to initiate a share-out state. User B may put his headphone into a pairing mode (there are a variety of ways to do this that are common in this industry). User A's headphones may look for other headphones that are in pairing mode. It may transmit the available headphones to the smartphone application and display them to User A. User A may then select the headphone that he wants to pair with [Anderson 0049, Fig. 3] note: Anderson discloses motion can be substituted for gestures in 0047, above. Note2: Anderson’s search for available playback devices is a search to listen to the same music, or shared playback session).”
Anderson is silent regarding “in a user interface for a media application associated with a media-providing service of the first shared playback session; and
the method includes, in response to detecting a user input corresponding to a request to dismiss the first user interface element, ceasing display of the first user interface element.”
Broberg teaches “wherein an indication of triggering the search for available shared playback sessions and the option for initiating a shared playback session are concurrently displayed in a first user interface element in a user interface for a media application associated with a media-providing service of the first shared playback session (Broberg Fig. 2A-2N); and
the method includes, in response to detecting a user input corresponding to a request to dismiss the first user interface element, ceasing display of the first user interface element (Broberg Fig. 2A-2N show a circle-shaped home button on the bezel of the device. An input upon the home button would cease any current display and return to the device’s home screen).”
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention/combination of Anderson to include the feature of having the ability to dismiss the UI as disclosed by Broberg.
One would have been motivated to do so, before the effective filing date of the invention because it provides the benefit to be able to navigate away from the current application, which increases the screens the user can navigate to, which increases users available choices, which increases user flexibility and user satisfaction.
Claim 12: Anderson teaches all the limitations of claim 1, above. Anderson in claim 1 discloses gestures or motions to execute a command (see Anderson 0047, above). Anderson is silent regarding “further comprising, after the second user has been added to the first shared playback session:
detecting a third… movement of a third user device associated with a third user, wherein the third user has a trusted relationship with the second user associated with the second user device; and in response to detecting the third… movement, adding the third user associated with the third user device to the first shared playback session.”
Broberg teaches “further comprising, after the second user has been added to the first shared playback session:
detecting a third… movement of a third user device associated with a third user, wherein the third user has a trusted relationship with the second user associated with the second user device; and
in response to detecting the third… movement, adding the third user associated with the third user device to the first shared playback session (i.e. the server system 104 provides (at operation 314) a list of all available shared listening sessions, and verifies, in response to the request at operation 316, that the user of the third electronic device 102-3 is trusted to join the first listening session [Broberg 0073, Fig. 3]).”
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention/combination of Anderson to include the feature of having the ability to serve trusted users as disclosed by Broberg.
One would have been motivated to do so, before the effective filing date of the invention because it provides the benefit to securely add users to a playback session, which increases application security.
Claim 13: Anderson teaches all the limitations of claim 1, above. Anderson is silent regarding “further comprising: after adding the second user associated with the second user device to the first shared playback session, receiving a request, from the second user, to modify a playback queue of the shared playback session; and in response to the request from the second user, modifying the playback queue of the shared playback session.”
Broberg teaches “further comprising:
after adding the second user associated with the second user device to the first shared playback session, receiving a request, from the second user, to modify a playback queue of the shared playback session; and
in response to the request from the second user, modifying the playback queue of the shared playback session (i.e. the two or more client devices 120 are enabled to view and/or edit (e.g., add, remove, and/or reorder) content in the shared playback queue [Broberg 0027]).”
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention/combination of Anderson to include the feature of having the ability to change the playlist as disclosed by Broberg.
One would have been motivated to do so, before the effective filing date of the invention because it provides the benefit to allow collaborative editing of the playlist, which allows more users to actively participate in music curation, which increases user choice, flexibility, and satisfaction.
Claim 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Anderson, in view of Li et al., Patent Application Publication number US 20200031616 A1 (hereinafter “Li”).
Claim 10: Anderson teaches all the limitations of claim 3, above.
Anderson is silent regarding “further comprising, in response to detecting the initial shake movement of the first user device, prior to concurrently triggering the search for available shared playback sessions and displaying the option for initiating a shared playback session, displaying a user interface for enabling wireless connectivity at the first user device.”
Li teaches “further comprising, in response to detecting the initial shake movement of the first user device, prior to concurrently triggering the search for available shared playback sessions and displaying the option for initiating a shared playback session, displaying a user interface for enabling wireless connectivity at the first user device (i.e. When the shaking detection unit 220 determines that the shaking operation has occurred, it enables the near field communication unit 210 to scan and detect the wireless signals and obtain the elevator identifier [Li 0046])”
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention/combination of Anderson to include the feature of having the ability to enable wireless after a shake motion before scanning as disclosed by Li.
One would have been motivated to do so, before the effective filing date of the invention because it provides the benefit to save battery/energy, and to only enable wireless when it is needed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Patricks (US 20210392410 A1) listed on 892 is related to interactive shared listening sessions.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAMUEL SHEN whose telephone number is (469)295-9169 and email address is samuel.shen@uspto.gov. The examiner can normally be reached Monday-Thursday, 7:00 am - 5:00 pm CT.
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/S.S./Examiner, Art Unit 2179
/IRETE F EHICHIOYA/Supervisory Patent Examiner, Art Unit 2179
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