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 .
Response to Arguments
Applicant's arguments regarding claims 1-21 filed 04/13/2026 have been fully considered but they are not persuasive.
Regarding the argument that the advertisement data of Iyer does not read on the invitation of the present application, the examiner argues that Iyer disclose in Para [0033] playback devices advertising their ability to receive media stream information from computing devices, therefore Iyer suggest inviting external devices to transmit media data information to the playback devices.
Regarding the argument that the peer-to-peer advertisement of Iyer does not read on the direct invitation because the reference disclose peer to peer network, the examiner argues that the instant application’s specification suggests in Para [0022] that invitation directly are: “(e.g., via Bluetooth or other short-range wireless communication protocol) to one or more proximate devices.” Therefore, the peer-to-peer invitation disclose by Iyer read on the direct invitation of claim 2.
Applicant’s arguments filed 04/13/2026 with respect to the limitation “via a speaker that is separate from the first device” of claim(s) 1-21 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 (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 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) 1-3, 13, 17, 19, 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over lyer et al (US 2019/0306553 A1) in view of Patil et al (US 2016/0050476 A1).
Regarding claim 1, lyer et al disclose a method, comprising: providing, by a first device that is outputting audio content (lyer et al; Para [0072][0115]; playback devices interpreted as first device can be local speaker or external speaker as in the case of a set top box and a wireless speaker), an invitation to a second device to control the audio content being output by the first device via the speaker (lyer et al; Para [0072][0115]; playback devices interpreted as first device provide advertisement to remote control device interpreted as second device; advertisement interpreted as invitation); receiving, by the first device from the second device and responsive to the invitation, a request to control the audio content being output by the first device via the speaker (lyer et al; Para [0056][0050]- [0051]; [0073]-[0074]; [0088][0115]; responsive to the advertisement message remote control device requests sate information from playback devices; pairing between first device and second device initiated second device responsive to advertisement receipt by second device); receiving, at the first device following the request, a command from the second device to modify the audio content being output by the first device via the speaker (lyer et al; Para [0053][0056][0115]; [0119]; remote control device will send request and commands to the playback device; remote control device may presents volume control to the user of the remote control device for remotely controlling the playback volume of the playback device); and modifying, by the first device and responsive to the command, the audio content being output by the first device via the speaker (lyer et al; Para [0062]; [0053]-[0054]); but do not expressly disclose via a speaker that is separate from the first device. However, in the same field of endeavor, Patil et al disclose a device control comprising outputting audio via a speaker that is separate from the first device (Patil et al; Fig 1; Para [0067] first device 104 output audio via speaker 108). It would have been obvious to one of the ordinary skills in the art before the effective filing date of the application to use the speaker taught by Patil et al as playback in the device taught by lyer. The motivation to do so would have been to provide different and unique user experience (Patil et al; Para [0025]).
Regarding claim 2, lyer et al in view of Patil et al disclose the method of claim 1, but do not expressly disclose and wherein receiving the request comprises receiving the request at the first device from the second device over a network (lyer et al; Para [0056][0073]; remote control establish network connections with playback device after receipt of advertisement); wherein providing the invitation to the second device comprises providing the invitation to the second device directly from the first device (lyer et al; Para [0047]; peer to peer advertisement interpreted as direct invitation).
Regarding claim 3, lyer et al in view of Patil et al disclose the method of claim 1, but do not expressly disclose wherein the invitation is free of identifying information of the first device or a user of the first device (lyer et al; Para [0047]; playback device can advertise that they are capable of receiving and presenting media; capacity of receiving and presenting is interpreted as invitation free of identifying information).
Regarding claim 13, lyer et al in view of Patil et al disclose the method of claim 1, wherein the speaker comprise a speaker of a vehicle, a portable speaker, or a speaker in a building (lyer et al; Para [0054]).
Regarding claim 17, lyer et al disclose a method, comprising: receiving, by a first device from a second device that is outputting audio content (lyer et al; Para [0072][0115]; remote control device interpreted as first device and playback devices interpreted as second device; playback device can be local speaker or external speaker as in the case of a set top box and a wireless speaker), an invitation to control the audio content being output by the second device via the speaker (lyer et al; Para [0072][0115]; remote control device interpreted as first device receives advertisement from playback devices interpreted as second device; advertisement interpreted as invitation); providing, by the first device to the second device and responsive to the invitation, a request to control the audio content being output by the second device via the speaker (lyer et al; Para [0056][0050]-[0051]; [0073]-[0074]; [0088][0115]; based on advertisement message remote control device interpreted as first device provide requests state information of playback devices interpreted as second device); and providing, by the first device to the second device following the request, a command to modify the audio content being output by the second device via the speaker (lyer et al; Para [0053][0056][0115]; [0119]; remote control device will send commands to the playback device to modify audio playback; remote control device may presents volume control to the user of the media control device for remotely controlling the playback volume of the playback device). but do not expressly disclose via a speaker that is separate from the first device. However, in the same field of endeavor, Patil et al disclose a device control comprising outputting audio via a speaker that is separate from the first device (Patil et al; Fig 1; Para [0067] first device 104 output audio via speaker 108). It would have been obvious to one of the ordinary skills in the art before the effective filing date of the application to use the speaker taught by Patil et al as playback in the device taught by lyer. The motivation to do so would have been to provide different and unique user experience (Patil et al; Para [0025]).
Regarding claim 19, lyer et al in view of Patil et al disclose the method of claim 17, wherein receiving the invitation comprises receiving the invitation directly from the second device at the first device (lyer et al; Para [0047]; peer to peer advertisement interpreted as direct invitation), and wherein providing the request comprises providing the request to the second device from the first device via a network (lyer et al; Para [0056][0073]; remote control establish network connections with playback device after receipt of advertisement).
Regarding claim 21, lyer et al disclose an electronic device, comprising: a memory (lyer et al; Para [0160]; [0208] storage on playback device interpreted as memory); and one or more processors (lyer et al; Para [0199]) configured to: provide, while outputting audio content (lyer et al; Para [0072][0115]; playback devices interpreted as electronic device can be local speaker or external speaker as in the case of a set top box and a wireless speaker), an invitation to an other electronic device to control the audio content being output by the electronic device via the speaker (lyer et al; Para [0072][0115]; playback devices interpreted as electronic device provide advertisement to remote control device interpreted as other electronic device; advertisement interpreted as invitation); receive, by the electronic device from the other device and responsive to the invitation, a request to control the audio content being output by the electronic device via the speaker (lyer et al; Para [0056][0050]-[0051]; [0073]-[0074]; [0088][0115]; responsive to the advertisement message remote control device requests state information from playback devices; pairing between electronic device and other electronic device initiated second device responsive to advertisement receipt by second device); receive, at the electronic device following the request, a command from the other device to modify the audio content being output by the electronic device via the speaker (lyer et al; Para [0053][0056][0115]; [0119]; remote control device will send request and commands to the playback device; remote control device may presents volume control to the user of the remote control device for remotely controlling the playback volume of the playback device); and modify, by the electronic device and responsive to the command, the audio content being output by the electronic device via the speaker (lyer et al; Para [0062]; [0053]-[0054]). but do not expressly disclose via a speaker that is separate from the first device. However, in the same field of endeavor, Patil et al disclose a device control comprising outputting audio via a speaker that is separate from the first device (Patil et al; Fig 1; Para [0067] first device 104 output audio via speaker 108). It would have been obvious to one of the ordinary skills in the art before the effective filing date of the application to use the speaker taught by Patil et al as playback in the device taught by lyer. The motivation to do so would have been to provide different and unique user experience (Patil et al; Para [0025]).
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over lyer et al (US 2019/0306553 A1) in view of Patil et al (US 2016/0050476 A1) and further in view of Pipher et al (US 2021/0377596 A1).
Regarding claim 4, lyer et al in view of Patil et al disclose the method of claim 3, but do not expressly disclose wherein providing the invitation comprises providing the invitation, encrypted for a trusted contact of the first device, responsive to determining that the second device is within a range of a short-range wireless communication protocol communication of the first device. However, in the same field of endeavor, Pipher et al disclose a device wherein providing the invitation comprises providing the invitation, encrypted for a trusted contact of the first device (Pipher et al; Para [0011]-[0013]), responsive to determining that the second device is within a range of a short-range wireless communication protocol communication of the first device (Pipher et al; Para [0011]- [0013][0024]). It would have been obvious to one of the ordinary skills in the art before the effective filing date of the application to use the information broadcast taught by Pipher et al as message advertisement in the device taught by lyer. The motivation to do so would have been to provide seamless transition between devices to the user (Pipher et al; Para [0004]).
Claim(s) 5-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over lyer et al (US 2019/0306553 A1) in view of Patil et al (US 2016/0050476 A1) and further in view of Carrigan et al (US 2020/0382332 A1).
Regarding claim 5, lyer et al in view of Patil et al disclose the method of claim 3, but do not expressly disclose wherein providing the invitation comprises providing a scannable code to the second device. However, in the same field of endeavor, Carrigan et al disclose a device wherein providing the invitation comprises providing a scannable code to the second device (Carrigan et al; Para [0318]). It would have been obvious to one of the ordinary skills in the art before the effective filing date of the application to use the information broadcast taught by Carrigan et al as message advertisement in the device taught by lyer. The motivation to do so would have been to preserve battery energy (Carrigan et al; Para [0286]).
Regarding claim 6, lyer et al in view of Patil et al disclose the method of claim 5, but do not expressly disclose wherein providing the scannable code comprises displaying the scannable code with a display of the first device. However, in the same field of endeavor, Carrigan et al disclose a device wherein providing the scannable code comprises displaying the scannable code with a display of the first device (Carrigan et al; Para [0318]; QR code). It would have been obvious to one of the ordinary skills in the art before the effective filing date of the application to use the information broadcast taught by Carrigan et al as message advertisement in the device taught by lyer. The motivation to do so would have been to preserve battery energy (Carrigan et al; Para [0286]).
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over lyer et al (US 2019/0306553 A1) in view of Patil et al (US 2016/0050476 A1) and further in view of Dunko et al (US 2008/0081558 A1).
Regarding claim 7, lyer et al in view of Patil et al disclose the method of claim 3, but do not expressly disclose further comprising: receiving, by the first device, a user request to invite nearby devices to control the audio content being output by the first device via the speaker; and providing the invitation by broadcasting, from the first device using a short-range wireless communication protocol, an unencrypted invitation responsive to the user request. However, in the same field of endeavor, Dunko et al disclose a device further comprising: receiving, by the first device, a user request to invite nearby devices to control the audio content being output by the first device via the speaker (Dunko et al; Para [0030]-[0034]); and providing the invitation by broadcasting, from the first device using a short-range wireless communication protocol, an unencrypted invitation responsive to the user request (Dunko et al; Para [0030]-[0034]; device discovery interpreted as unencrypted invitation). It would have been obvious to one of the ordinary skills in the art before the effective filing date of the application to use the information broadcast taught by Dunko et al as message advertisement in the device taught by lyer. The motivation to do so would have been to provide greater continuity in the user's media experience (Dunko et al; Para [0016]).
Claim(s) 8-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over lyer et al (US 2019/0306553 A1) in view of Patil et al (US 2016/0050476 A1) and further in view of Shibasaki et al (US 2003/0032419 A1).
Regarding claim 8, lyer et al in view of Patil et al disclose the method of claim 1, but do not expressly disclose further comprising displaying, by a display associated with the speaker, an attribution associated with the second device, while the modified audio content is being output by the first device via the speaker. However, in the same field of endeavor, Shibasaki et al disclose a device further comprising displaying, by a display associated with the speaker, an attribution associated with the second device, while the modified audio content is being output by the first device via the speaker (Shibasaki et al; Fig 4; step S427; Para [0132]-[0135]; display music list). It would have been obvious to one of the ordinary skills in the art before the effective filing date of the application to use the information broadcast taught by Shibasaki et al as message advertisement in the device taught by lyer. The motivation to do so would have been to improve the user's experience.
Regarding claim 9, lyer et al in view of Patil et al disclose the method of claim 1, but do not expressly disclose wherein modifying the audio content comprises, by the first device, obtaining different content from a server and providing the different content to the speaker via the first device for output. However, in the same field of endeavor, Shibasaki et al disclose a device wherein modifying the audio content comprises, by the first device, obtaining different content from a server and providing the different content to the speaker via the first device for output (Shibasaki et al; Para [0106] [0132]-[0135]). It would have been obvious to one of the ordinary skills in the art before the effective filing date of the application to use the information broadcast taught by Shibasaki et al as message advertisement in the device taught by lyer. The motivation to do so would have been to improve the user's experience.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over lyer et al (US 2019/0306553 A1) in view of Patil et al (US 2016/0050476 A1) and further in view of Carrigan et al (US 2020/0220914 A1).
Regarding claim 10, lyer et al in view of Patil et al disclose the method of claim 1, but do not expressly disclose further comprising, prior to outputting the audio content via the speaker with the first device, and prior to providing the invitation, providing, by the first device, a user-selectable option to allow or deny providing the invitation. However, in the same field of endeavor, Carrigan et al disclose a device further comprising, prior to outputting the audio content via the speaker with the first device, and prior to providing the invitation, providing, by the first device, a user-selectable option to allow or deny providing the invitation (Carrigan et al; Para [0417]-[0420]). It would have been obvious to one of the ordinary skills in the art before the effective filing date of the application to use the information broadcast taught by Carrigan et al as message advertisement in the device taught by lyer. The motivation to do so would have been improves battery life of the electronic device by enabling the user to use the electronic device more quickly and efficiently (Carrigan et al; Para [0230]).
Claim(s) 11-12, 14-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over lyer et al (US 2019/0306553 A1) in view of Patil et al (US 2016/0050476 A1) and further in view of Seo (US 2016/0366468 A1).
Regarding claim 11, lyer et al in view of Patil et al disclose the method of claim 1, but do not expressly disclose further comprising, by the first device: determining that the second device has moved away from the first device; and ending control of the audio content by the second device responsive to determining that the second device has moved away from the first device. However, in the same field of endeavor, Seo et al disclose a device further comprising, by the first device: determining that the second device has moved away from the first device (Seo et al; Para [0248]); and ending control of the audio content by the second device responsive to determining that the second device has moved away from the first device (Seo et al; Para [0248]-[0250]) It would have been obvious to one of the ordinary skills in the art before the effective filing date of the application to use the remote control taught by Seo et al as message advertisement in the device taught by lyer. The motivation to do so would have been seamless reproduction of the content between a plurality of devices may be provided without a user being inconvenienced with a complicated procedure (Seo et al; Para [0075]).
Regarding claim 12, lyer et al in view of Patil et al and further in view of Seo et al disclose the method of claim 11, but do not expressly disclose further comprising, responsive to determining that the second device has moved away from the first device, providing, to the second device a playlist associated with a portion of the audio content that was output by the first device via the speaker while the second device had control of the audio content. However, in the same field of endeavor, Seo et al disclose a device further comprising, responsive to determining that the second device has moved away from the first device (Seo et al; Para [0248]), providing, to the second device a playlist associated with a portion of the audio content that was output by the first device via the speaker while the second device had control of the audio content (Seo; Para [0169]). It would have been obvious to one of the ordinary skills in the art before the effective filing date of the application to use the remote control taught by Seo et al as message advertisement in the device taught by lyer. The motivation to do so would have been seamless reproduction of the content between a plurality of devices may be provided without a user being inconvenienced with a complicated procedure (Seo et al; Para [0075]).
Regarding claim 14, lyer et al in view of Patil et al disclose the method of claim 1, but do not expressly disclose further comprising providing, responsive to the request and based in part on a determination that the second device is within a proximate range of the first device, an authorization for the second device to control the audio content. However, in the same field of endeavor, Seo et al disclose a device further comprising providing, responsive to the request and based in part on a determination that the second device is within a proximate range of the first device, an authorization for the second device to control the audio content (Seo; Para [0010][0011][0016]; user selection interpreted as authorization for the second device to control the audio content]). It would have been obvious to one of the ordinary skills in the art before the effective filing date of the application to use the remote control taught by Seo et al as message advertisement in the device taught by lyer. The motivation to do so would have been seamless reproduction of the content between a plurality of devices may be provided without a user being inconvenienced with a complicated procedure (Seo et al; Para [0075]).
Regarding claim 15, lyer et al in view of Patil et al and further in view of Seo et al disclose the method of claim 14, but do not expressly disclose wherein modifying the audio content being output by the first device via the speaker comprises modifying the audio content based, in part, on a determination that the second device remains within the proximate range of the first device. However, in the same field of endeavor, Seo et al disclose a device wherein modifying the audio content being output by the first device via the speaker comprises modifying the audio content based, in part, on a determination that the second device remains within the proximate range of the first device (Seo; Para [0010][0011][0071]). It would have been obvious to one of the ordinary skills in the art before the effective filing date of the application to use the remote control taught by Seo et al as message advertisement in the device taught by lyer. The motivation to do so would have been seamless reproduction of the content between a plurality of devices may be provided without a user being inconvenienced with a complicated procedure (Seo et al; Para [0075]).
Regarding claim 16, lyer et al in view of Patil et al disclose the method of claim 1, but do not expressly disclose wherein the audio content is associated with video content and the speaker is associated with a display, such that modified audio content is part of modified video content output by the display. However, in the same field of endeavor, Seo et al disclose a device wherein the audio content is associated with video content and the speaker is associated with a display, such that modified audio content is part of modified video content output by the display (Seo; Para [0082][0121]). It would have been obvious to one of the ordinary skills in the art before the effective filing date of the application to use the remote control taught by Seo et al as message advertisement in the device taught by lyer. The motivation to do so would have been seamless reproduction of the content between a plurality of devices may be provided without a user being inconvenienced with a complicated procedure (Seo et al; Para [0075]).
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over lyer et al (US 2019/0306553 A1) in view of Patil et al (US 2016/0050476 A1) and further in view of Wu et al (US 9,736,140 B1).
Regarding claim 18, lyer et al in view of Patil et al disclose the method of claim 17, but do not expressly disclose further comprising identifying, by the first device using encrypted information in the invitation and a key previously configured by the first device and the second device, a contact stored at the first device in association with a user of the second device. However, in the same field of endeavor, Wu et al disclose a device further comprising identifying, by the first device using encrypted information in the invitation and a key previously configured by the first device and the second device, a contact stored at the first device in association with a user of the second device (Wu et al; Fig 4; col 5; lines 10-30; col 7; lines 20-50). It would have been obvious to one of the ordinary skills in the art before the effective filing date of the application to use the access control taught by Wu et al as access control in the device taught by lyer. The motivation to do so would have been to improve the user experience during the remote device control.
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over lyer et al (US 2019/0306553 A1) in view of Patil et al (US 2016/0050476 A1) and further in view of Graham et al (US 2018/0337924 A1).
Regarding claim 20, lyer et al in view of Patil et al disclose the method of claim 17, but do not expressly disclose wherein receiving the invitation comprises receiving the invitation based on a proximity of the second device to the first device, wherein the second device is associated with a subscription to a service that provides access to the audio content, and wherein the first device does not have access to the service. However, in the same field of endeavor, Graham et al disclose a device wherein receiving the invitation comprises receiving the invitation based on a proximity of the second device to the first device (Graham et al; Para [0026][0027][0031]), wherein the second device is associated with a subscription to a service that provides access to the audio content (Graham et al; Fig 11; Para [0099][0104]; user device has credentials to access audio content service), and wherein the first device does not have access to the service (Graham et al; Fig 11; Para [0099][0104]; playback does not have access to media content). It would have been obvious to one of the ordinary skills in the art before the effective filing date of the application to use the remote control taught by Graham et al as remote control in the device taught by lyer. The motivation to do so would have been send media items to a playback device without worrying about whether the owner of the playback device has access to the same media item (Graham et al; Para [0005]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KUASSI A GANMAVO whose telephone number is (571)270-5761. The examiner can normally be reached M-F 9 AM-5PM.
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/KUASSI A GANMAVO/Examiner, Art Unit 2692
/CAROLYN R EDWARDS/Supervisory Patent Examiner, Art Unit 2692
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