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 .
Clarity of the record - Claim Interpretation
For clarity of the record, the claim limitation ‘playback device’ (whether first, second or third) have been analyzed and considered with regards to invoking a 112(f) interpretation. However, based on the claimed antenna, the position that one of skill in the art would understand the claimed device to at least comprise an audio speaker (for ‘playback’) has led to the limitation not satisfying the three-prong analysis (specifically prong c). As such the presumption and interpretation of the claim limitations is that 112(f) is not invoked in any instance of a ‘playback device’ recitation.
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.
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.
Claims 36-39, 41-44, 49-50, 52-55 are rejected under 35 U.S.C. 103 as being unpatentable over Helm (US Pub 20220240015) in view of Bushnell (herein after Bush)(US Pub 20240094970).
Re claim 36, Helm discloses a first device comprising:
a first antenna (Par 36 ‘system 122 may have multiple antennas; e.g. arranged in an array’ – first antenna is implicit in multiple);
a second antenna (Par 36 ‘system 122 may have multiple antennas; e.g. arranged in an array’-a second/additional antenna is implicit in multiple);
a wireless radio (Fig 1 and 4, el 122; Par 32 ‘audio system 122 which can include a radio’) coupled to the first antenna (Par 32, 34-36 ‘system 122 may have multiple antennas) and the second antenna (Par 32, 34-36 ‘system 122 may have multiple antennas);
at least one processor (Fig 1 el 116; Fig 7 el 704; Par 28, 30, 34-36, 43, 54-55);
at least one non-transitory computer-readable medium (Fig 1 el 118; Fig 7 el 708/710; Par 30, 34, 54-59) comprising program instructions (Fig 1 el 118; Fig 7 el 708/710; Par 30, 34, 54-59) that are executable by the at least one processor (Fig 1 el 118; Fig 7 el 708/710; Par 30, 34, 54-59) such that the first device is configured to:
after receipt of a signal at the first antenna and the second antenna (Par 36-37, 48-49), measure a phase difference (Par 36-37, 48-49) between the signal received at the first antenna and the signal received at the second antenna (Par 36-37, 48-49);
estimate an angle of arrival of the signal to the first device (Fig 4 el 122; Par 36-37, 48-49) based on the measured phase difference (Fig 4; Par 36-37, 48-49);
determine a location of a second playback device relative to the first device based on the angle of arrival (Fig 1 and 4 el 128 relative to 122; Par 36-37, 48-49 ‘derive the location or position of the external Bluetooth speakers 128’); and
after a determination of the location of the second playback device relative to the first device (Fig 6 el 602/604; Par 13, 24, 34-37, 43-45, 49-50 -determination and control of left/right audio channel balance, mixing and control), operate in a first playback configuration (Fig 6 el 602/604; Par 13, 24, 34-37, 43-45, 49-50 -determination and control of left/right audio channel balance, mixing and control), based on the determined location (Fig 6 el 602/604; Par 13, 24, 34-37, 43-45, 49-50 -determination and control of left/right audio channel balance, mixing and control); however Helm fails to explicitly disclose (1) wherein the first device is a playback device and (2) where the first playback device plays back one or more first channels of multi-channel audio content.
Regarding items (1) and (2) above, this design is however disclosed by Bush. Bush discloses wherein the first device is a first playback device (Par 33-35, Fig 1A Par 43-46, 66, 83, 88; Fig 7 Par 106-113, 116-120 – controlling or primary device also performs playback); and where the first playback device plays back one or more first channels of multi-channel audio content (Par 33-35, Fig 1A Par 43-46, 66, 83, 88; Fig 7 Par 106-113, 116-120).
Therefore, it would have been obvious to one of ordinary skill in the art at the effective filing date of the invention to modify the disclosure of Helm in order to incorporate the playback device configuration of Bush based on the rationale of the use of known techniques to improve similar designs in the same way, in this instance by providing playback capabilities within a prospective primary entity in an acoustic sound design configuration allows for consideration and configuration to provide a high quality listening experience in the given environment while taking into consideration the functional properties of devices commonplace in an acoustic environment.
Re claim 37, the combined disclosure of Helm and Bush as a whole discloses the first playback device of claim 36, Bush further discloses wherein the at least one non-transitory computer-readable medium further comprises program instructions that are executable by the at least one processor (Par 139) such that the first playback device is configured to:
while operating in the first playback configuration, playback the one or more first channels of the multi-channel audio content in synchrony (Par 33, 40, 83-84, 88, 110, 131) with playback of one or more second channels of the multi-channel audio content by the second playback device (Par 33, 40, 83-84, 88, 110, 131).
Re claim 38, the combined disclosure of Helm and Bush as a whole discloses the first playback device of claim 37, Bush further discloses wherein the one or more first channels comprise at least one center channel (Par 110) and wherein the one or more second channels comprise at least one rear channel (Par 110).
Re claim 39, the combined disclosure of Helm and Bush as a whole discloses the first playback device of claim 36, Helm further discloses wherein the at least one non-transitory computer-readable medium further comprises program instructions that are executable by the at least one processor (Fig 1 el 118; Fig 7 el 708/710; Par 30, 34, 54-59) such that the first playback device is configured to:
identify a second playback configuration for the second playback device to operate in based on the determined location of the second playback device relative to the first playback device (Fig 6 el 602/604; Par 13, 24, 34-37, 43-46, 49-50 -dynamic and manual adjustments to channel mixing based on passenger location as well as the addition or removal of a speaker); and cause the second playback device to operate in the second playback configuration (Fig 6 el 602/604; Par 13, 24, 34-37, 43-46, 49-50 -dynamic and manual adjustments to channel mixing based on passenger location as well as the addition or removal of a speaker).
Re claim 41, the combined disclosure of Helm and Bush as a whole discloses the first playback device of claim 36, Helm further discloses wherein the signal is a first signal and the at least one non-transitory computer-readable medium further comprises program instructions that are executable by the at least one processor (Fig 1 el 118; Fig 7 el 708/710; Par 30, 34, 54-59) such that the first playback device is configured to:
after receipt of a second signal transmitted by a third playback device at the first antenna and the second antenna (Par 36-37, 48-49; Fig 4/5 multiple 128 elements, each location processed), determine a location of the third playback device relative to the first playback device based on the second signal (Par 36-37, 48-49; Fig 4/5 multiple 128 elements, each location processed).
Re claim 42, the combined disclosure of Helm and Bush as a whole discloses the first playback device of claim 41, Bush further discloses wherein the at least one non-transitory computer-readable medium further comprises program instructions that are executable by the at least one processor (Par 139) such that the first playback device is configured to: while operating in the first playback configuration, playback the one or more first channels of the multi-channel audio content in synchrony (Par 33, 40, 83-84, 88, 110, 131) with playback of one or more second channels of the multi-channel audio content by the second playback device and one or more third channels of the multi-channel audio content by the third playback device (Par 33, 40, 83-84, 88, 110, 131).
Re claim 43, the combined disclosure of Helm and Bush as a whole discloses the first playback device of claim 36, Bush further discloses wherein the at least one non-transitory computer-readable medium further comprises program instructions that are executable by the at least one processor (Par 139) such that the first playback device is configured to:
identify a volume level for a start of audio playback based on the range to the second playback device (Par 118-119).
Re claim 44, Helm discloses a first device comprising:
a first antenna (Par 36 ‘system 122 may have multiple antennas; e.g. arranged in an array’ – first antenna is implicit in multiple);
a second antenna (Par 36 ‘system 122 may have multiple antennas; e.g. arranged in an array’-a second/additional antenna is implicit in multiple);
a wireless radio (Fig 1 and 4, el 122; Par 32 ‘audio system 122 which can include a radio’) coupled to the first antenna (Par 32, 34-36 ‘system 122 may have multiple antennas) and the second antenna (Par 32, 34-36 ‘system 122 may have multiple antennas);
at least one processor (Fig 1 el 116; Fig 7 el 704; Par 28, 30, 34-36, 43, 54-55);
at least one non-transitory computer-readable medium (Fig 1 el 118; Fig 7 el 708/710; Par 30, 34, 54-59) comprising program instructions (Fig 1 el 118; Fig 7 el 708/710; Par 30, 34, 54-59) that are executable by the at least one processor (Fig 1 el 118; Fig 7 el 708/710; Par 30, 34, 54-59) such that the first device is configured to:
after receipt of a signal at the first antenna and the second antenna (Par 36-37, 48-49), measure a phase difference (Par 36-37, 48-49) between the signal received at the first antenna and the signal received at the second antenna (Par 36-37, 48-49);
estimate an angle of arrival of the signal to the first device (Fig 4 el 122; Par 36-37, 48-49) based on the measured phase difference (Fig 4; Par 36-37, 48-49); and
determine a location of a second playback device relative to the first device based on the angle of arrival (Fig 1 and 4 el 128 relative to 122; Par 36-37, 48-49 ‘derive the location or position of the external Bluetooth speakers 128’); however Helm fails to explicitly disclose (1) wherein the first device is a playback device.
Regarding item (1) above, this design is however disclosed by Bush. Bush discloses wherein the first device is a first playback device (Par 33-35, Fig 1A Par 43-46, 66, 83, 88; Fig 7 Par 106-113, 116-120 – controlling or primary device also performs playback).
Therefore, it would have been obvious to one of ordinary skill in the art at the effective filing date of the invention to modify the disclosure of Helm in order to incorporate the playback device configuration of Bush based on the rationale of the use of known techniques to improve similar designs in the same way, in this instance by providing playback capabilities within a prospective primary entity in an acoustic sound design configuration allows for consideration and configuration to provide a high quality listening experience in the given environment while taking into consideration the functional properties of devices commonplace in an acoustic environment.
Re claim 49, the combined disclosure of Helm and Bush as a whole discloses the first playback device of claim 44, Bush further discloses wherein the wireless radio is an ultrawideband (UWB) radio and wherein the signal is a UWB signal (Par 35-36, 46-48, 51-53, 67, 81, 86, 107).
Re claim 50, Helm discloses a method of operating a first device, the method comprising:
after receipt of a signal at a first antenna (Par 36 ‘system 122 may have multiple antennas; e.g. arranged in an array’ – first antenna is implicit in multiple) and a second antenna (Par 36 ‘system 122 may have multiple antennas; e.g. arranged in an array’-a second/additional antenna is implicit in multiple) of a wireless radio (Fig 1 and 4, el 122; Par 32 ‘audio system 122 which can include a radio’) of the first device (Par 36-37, 48-49), measuring a phase difference (Par 36-37, 48-49) between the signal received at the first antenna and the signal received at the second antenna (Par 36-37, 48-49); estimating an angle of arrival of the signal to the first device (Fig 4 el 122; Par 36-37, 48-49) based on the measured phase difference (Fig 4; Par 36-37, 48-49);
determining a location of a second playback device relative to the first device based on the angle of arrival (Fig 1 and 4 el 128 relative to 122; Par 36-37, 48-49 ‘derive the location or position of the external Bluetooth speakers 128’); and
after a determination of the location of the second playback device relative to the first device (Fig 6 el 602/604; Par 13, 24, 34-37, 43-45, 49-50 -determination and control of left/right audio channel balance, mixing and control), operating in a first playback configuration (Fig 6 el 602/604; Par 13, 24, 34-37, 43-45, 49-50 -determination and control of left/right audio channel balance, mixing and control), based on the determined location (Fig 6 el 602/604; Par 13, 24, 34-37, 43-45, 49-50 -determination and control of left/right audio channel balance, mixing and control); however Helm fails to explicitly disclose (1) wherein the first device is a playback device and (2) where the first playback device plays back one or more first channels of multi-channel audio content.
Regarding items (1) and (2) above, this design is however disclosed by Bush. Bush discloses wherein the first device is a first playback device (Par 33-35, Fig 1A Par 43-46, 66, 83, 88; Fig 7 Par 106-113, 116-120 – controlling or primary device also performs playback); and where the first playback device plays back one or more first channels of multi-channel audio content (Par 33-35, Fig 1A Par 43-46, 66, 83, 88; Fig 7 Par 106-113, 116-120).
Therefore, it would have been obvious to one of ordinary skill in the art at the effective filing date of the invention to modify the disclosure of Helm in order to incorporate the playback device configuration of Bush based on the rationale of the use of known techniques to improve similar designs in the same way, in this instance by providing playback capabilities within a prospective primary entity in an acoustic sound design configuration allows for consideration and configuration to provide a high quality listening experience in the given environment while taking into consideration the functional properties of devices commonplace in an acoustic environment.
Re claim 52, the combined disclosure of Helm and Bush as a whole discloses the method of claim 50, Bush further discloses further comprising, while operating in the first playback configuration (Par 33, 40, 83-84, 88, 110, 131), playing back the one or more first channels of the multi-channel audio content in synchrony (Par 33, 40, 83-84, 88, 110, 131) with playback of one or more second channels of the multi- channel audio content by the second playback device (Par 33, 40, 83-84, 88, 110, 131).
Re claim 53, the combined disclosure of Helm and Bush as a whole discloses the method of claim 50, Helm further discloses further comprising identifying a second playback configuration for the second playback device to operate in based on the determined location of the second playback device relative to the first playback device (Fig 6 el 602/604; Par 13, 24, 34-37, 43-46, 49-50 -dynamic and manual adjustments to channel mixing based on passenger location as well as the addition or removal of a speaker); and causing the second playback device to operate in the second playback configuration (Fig 6 el 602/604; Par 13, 24, 34-37, 43-46, 49-50 -dynamic and manual adjustments to channel mixing based on passenger location as well as the addition or removal of a speaker).
Re claim 54, the combined disclosure of Helm and Bush as a whole discloses the method of claim 50, Helm further discloses wherein the signal is a first signal, the method further comprising, after receipt of a second signal transmitted by a third playback device at the first antenna and the second antenna (Par 36-37, 48-49; Fig 4/5 multiple 128 elements, each location processed), determining a location of the third playback device relative to the first playback device based on the second signal (Par 36-37, 48-49; Fig 4/5 multiple 128 elements, each location processed).
Re claim 55, the combined disclosure of Helm and Bush as a whole discloses the method of claim 54, Bush further discloses wherein further comprising, while operating in the first playback configuration, playing back the one or more first channels of the multi-channel audio content in synchrony (Par 33, 40, 83-84, 88, 110, 131) with play back of one or more second channels of the multi- channel audio content (Par 33, 40, 83-84, 88, 110, 131) by the second playback device and one or more third channels of the multi-channel audio content by the third playback device (Par 33, 40, 83-84, 88, 110, 131).
Claim 48 is rejected under 35 U.S.C. 103 as being unpatentable over Helm and Bush as applied to claim 44 above, and further in view of Smith (US Pub 20120263056).
Re claim 48, the combined disclosure of Helm and Bush as a whole discloses the first playback device of claim 44, but fails however to explicitly disclose wherein the first antenna and the second antenna are separated by a distance that is less than one half of a wavelength corresponding to a center frequency of the signal.
This design is however disclosed by Smith. Smith discloses wherein the first antenna and the second antenna (Par 7) are separated by a distance that is less than one half of a wavelength (Par 7) corresponding to a center frequency of the signal (Par 7).
Therefore, it would have been obvious to one of ordinary skill in the art at the effective filing date of the invention to modify the disclosure of Helm in order to incorporate the antenna separation pattern of Smith based on the rationale of the use of known techniques to improve similar designs in the same way, in this instance using known spatial design techniques to achieve the desired acoustic properties of the playback device allows for a more controlled and efficient audio channel composition and improvement of the quality of the users audio experience.
Claim 51 is rejected under 35 U.S.C. 103 as being unpatentable over Helm and Bush as applied to claim 50 above, and further in view of Knaappila (herein after Kna) (US Pub 20200103513).
Re claim 51, the combined disclosure of Helm and Bush as a whole discloses the method of claim 50, but fails however to explicitly disclose wherein further comprising controlling a switch of the wireless radio to couple either a receive port of the wireless radio or a transmit port of the wireless radio to the second antenna.
This design is however disclosed by Kna. Kna discloses wherein further comprising controlling a switch (Fig 1 el 195 to tx/rx and antenna array; Par 30-36, 45) of the wireless radio to couple either a receive port of the wireless radio (Fig 1 el 195 to tx/rx and antenna array; Par 30-36, 45) or a transmit port of the wireless radio to the second antenna (Fig 1 el 195 to tx/rx and antenna array; Par 30-36, 45).
Therefore, it would have been obvious to one of ordinary skill in the art at the effective filing date of the invention to modify the disclosure of Helm in order to incorporate the switch design of Kna based on the rationale of the use of known techniques to improve similar designs in the same way, in this instance using the antenna switching designs known to one of skill in the art to efficiently incorporate the capacity to transmit and receive within the designed antenna array for the radio component, improving the ability to communicate and dynamically consider changes in the acoustic environment.
Claims 45-47 is rejected under 35 U.S.C. 103 as being unpatentable over Helm and Bush as applied to claim 44 above, and further in view of Padaki (US Patent 12352879).
Re claim 45, the combined disclosure of Helm and Bush as a whole discloses the first playback device of claim 44, Helm discloses wherein the at least one non-transitory computer-readable medium further comprises program instructions (Fig 1 el 118; Fig 7 el 708/710; Par 30, 34, 54-59) that are executable by the at least one processor such that the first playback device (Fig 1 el 118; Fig 7 el 708/710; Par 30, 34, 54-59), but fails however to explicitly disclose wherein a first receive port of the wireless radio is coupled to the first antenna, and wherein the first playback device further comprises a switch, and wherein to control the switch to couple either a second receive port of the wireless radio or a transmit port of the wireless radio to the second antenna.
This design is however disclosed by Padaki. Padaki discloses wherein a first receive port of the wireless radio is coupled to the first antenna (Fig 10b el 1029; Col17 line 23-Col18 line 5), and wherein the first playback device further comprises a switch (Fig 10b el 1029; Col17 line 23-Col18 line 5), and wherein to control the switch to couple either a second receive port of the wireless radio (Fig 10b el 1029; Col17 line 23-Col18 line 5) or a transmit port of the wireless radio to the second antenna (Fig 10b el 1029; Col17 line 23-Col18 line 5).
Therefore, it would have been obvious to one of ordinary skill in the art at the effective filing date of the invention to modify the disclosure of Helm in order to incorporate the switch design of Padaki based on the rationale of the use of known techniques to improve similar designs in the same way, in this instance using the antenna switching designs known to one of skill in the art to efficiently incorporate the capacity to transmit and receive within the designed antenna array for the radio component, improving the ability to communicate and dynamically consider changes while controlling the designs capacity to transmit or receive communications in the acoustic environment.
Re claim 46, the combined disclosure of Helm and Bush as a whole discloses the first playback device of claim 44, Helm discloses wherein the at least one non-transitory computer-readable medium further comprises program instructions (Fig 1 el 118; Fig 7 el 708/710; Par 30, 34, 54-59) that are executable by the at least one processor such that the first playback device (Fig 1 el 118; Fig 7 el 708/710; Par 30, 34, 54-59), but fails however to explicitly disclose wherein the plurality of antennas further comprises a third antenna and wherein the device is configured to: after receipt of a second signal at the second antenna and the third antenna, estimate an angle of arrival of the second signal to the first playback device; and determine the location of the second playback device relative to the first playback device based on the angle of arrival of the first signal and the angle of arrival of the second signal.
This design is however disclosed by Padaki. Padaki discloses wherein the plurality of antennas further comprises a third antenna (Col3 line 50-Col4 line 16; Col5 line 65-Col6 line 52; Col10 lines 14-67) and wherein the device is configured to: after receipt of a second signal at the second antenna and the third antenna (Col3 line 50-Col4 line 16; Col5 line 65-Col6 line 52; Col10 lines 14-67), estimate an angle of arrival of the second signal to the first playback device (Col3 line 50-Col4 line 16; Col5 line 65-Col6 line 52; Col10 lines 14-67); and determine the location of the second playback device relative to the first playback device (Col3 line 50-Col4 line 16; Col5 line 65-Col6 line 52; Col10 lines 14-67) based on the angle of arrival of the first signal and the angle of arrival of the second signal (Col3 line 50-Col4 line 16; Col5 line 65-Col6 line 52; Col10 lines 14-67).
Therefore, it would have been obvious to one of ordinary skill in the art at the effective filing date of the invention to modify the disclosure of Helm in order to incorporate the location estimations of Padaki based on the rationale of the use of known techniques to improve similar designs in the same way, in this instance by using the additional antenna elements to perform location processing a more precise location determination can be made, improving the ability of the design to assign channel audio and improve the overall experience of the acoustic environment.
Re claim 47, the combined disclosure of Helm, Bush and Padaki as a whole discloses the first playback device of claim 46, Helm discloses wherein the at least one non-transitory computer-readable medium further comprises program instructions (Fig 1 el 118; Fig 7 el 708/710; Par 30, 34, 54-59) that are executable by the at least one processor (Fig 1 el 118; Fig 7 el 708/710; Par 30, 34, 54-59); while Padaki discloses wherein the first playback device further comprises a first switch (Fig 10c el 1038; Col18 line 6-38) and a second switch (Fig 10c el 1039; Col18 line 6-38), and that the first playback device is configured to: control the first switch to couple a first receive port of the wireless radio to either the second antenna or the third antenna (Fig 10c el 1038 connects to receive antennas; Col18 line 6-38); and control the second switch to couple either a second receive port of the wireless radio or a transmit port of the wireless radio to the first antenna (Fig 10c el 1039 connects antenna between tx/rx; Col18 line 6-38).
Allowable Subject Matter
Claim 40 is 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: The prior art of record fails to anticipate or render obvious the limitations of the above cited claims. Re claim 40, the prior art fails to disclose the explicitly claimed antenna coupling and playback configuration processing.
Conclusion
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/MICHAEL R NEFF/ Primary Examiner, Art Unit 2631