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 Objections
Claims 4, 7, 10, 15-16, 19 and 22-25 are objected to because of the following informalities:
Independent claims 1, 12 and 25 disclose the term “one or more other speakers”; however the term is not used consistently throughout the claim set. The term is referred to as “one or more speakers” in the claims and lines listed below. The term should be amended to read as “one or more other speakers”. Appropriate correction is required.
See claim 4 line 2;
See claim 7 lines 2, 4 and 6;
See claim 10 lines 7, 9 and 10;
See claim 15 line 3;
See claim 16 lines 2, 4 and 6;
See claim 19 lines 9, 11, 12, 16, 18, 19 and 27;
See claim 22 line 3;
See claim 23 lines 3, 6 and 7;
See claim 24 line 3;
See claim 25 lines 13, 15, 16, 20, 22, 23, 27, 31 and 36.
Claims 19, 23 and 25 disclose “the one or more speakers is”. The term “is” should read as “are”. Appropriate correction is required.
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.
Claim(s) 1-2, 4, 7-9, 11-12, 15-17 and 20-22 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lewis et al (US 20230195411 A1).
With respect to claim 1, Lewis discloses a method comprising:
determining a location of a speaker relative to one or more other speakers (Par.[0091-0093][0138-0139] a location, including a distance and an angle, of a speaker #200,210,220, may be determined relative to other speakers in the system); and
in response to a change in the location of the speaker relative to the one or more other speakers, dynamically modifying audio playback of at least one of the speaker or the one or more other speakers such that the modifying of the audio playback continually occurs while the change in the location of the speaker occurs (Par.[0142-0143] audio output parameters are adjusted with respect the relative location of the speaker to the one or more other speakers),
wherein the speaker is outputting audio prior to the change in location (Par.[0158-0159] In Example 1, the method may adjust audio parameters according to the relative location of the speakers, In Example 2, the method may detect a change in location from the location determined in Example 1, and update the determined audio parameters accordingly, therefor the speakers are outputting audio using first parameters in Example 1, then the first parameters are dynamically modified based on the detected change in location in Example 2, thereby providing a continuous modification of an output audio signal).
With respect to claim 2, Lewis discloses the method of claim 1, wherein the audio playback includes at least one audio playback property including, audio content, output volume, output directionality, output spatialization, frequency response, portions of an audio signal (Par.[0142-0143), channel assignment of an audio signal in a stereo configuration, or channel assignment of an audio signal in a surround sound configuration (Par.[0091] “allocating audio channels”).
With respect to claim 4, Lewis discloses the method of claim 1 wherein determining the location of the speaker relative to the one or more speakers is based on radio frequency (RF) based proximity detection, wherein at least one speaker includes a set of RF anchors configured to aid in the RF based proximity detection, wherein the at least one speaker includes a soundbar having two or more RF anchors and has a known orientation relative to a space (Par.[0091-0096] “soundbar” #200 may comprise two RF anchors #330a,b for performing RF based proximity detection).
With respect to claim 7, Lewis discloses the method of claim 1, wherein determining the location of the speaker relative to the one or more speakers is based on acoustic feedback- based proximity detection, the method further comprising, detecting, using at least one microphone at the speaker or the one or more speakers, at least one acoustic signal from another speaker in a space, and determining the location of the speaker relative to the one or more speakers based on the at least one acoustic signal (Par.[0140] “A portion of the emitted waveform can be received at the first playback device 570 via one or more microphones (e.g., the microphone(s) 115 of FIG. 1F) and used to calculate a time difference that can be used to determine the distance or range 525 between the first and second playback devices 570 and 580”).
With respect to claim 8, Lewis discloses the method of claim 1, wherein dynamically modifying the audio playback includes indicating a transitional state of the audio playback during the change in location, wherein indicating the transitional state includes at least one of, fading audio in or out, increasing or decreasing volume (Par.[0102] determination of relative position of the speakers may be use to perform “volume adjustments” of audio output), or providing a visual or audible indicator of the transitional state.
With respect to claim 9, Lewis discloses the method of claim 1, wherein the one or more other speakers are located in a space and wherein the change in location of the speaker is either, into or out of the space, or within the space, wherein the space is defined by a proximity border, and wherein movement of the speaker relative to the proximity border triggers at least one audio transition experience (Par.[0040-0043] the playback devices #100 may be located in playback zones “proximity border”, wherein the zones may be defined by rooms of a house, and wherein movement of the playback devices may be within a room for triggering adjustment of audio parameters of each device).
With respect to claim 11, Lewis discloses the method of claim 1, wherein determining the location of the speaker relative to the one or more other speakers is dictated by a proximity detection approach of a host speaker in a space, wherein the host speaker is configured to determine the location of additional speakers in the space with a ping or broadcast signal (Par.[0121-0125] UWB radio broadcast signals may be used by any of the playback devices #200,210,220 as a host device for determining the relative location of each device).
With respect to claim 12, Lewis discloses a speaker (fig.1C #110a), comprising: an electro-acoustic transducer (fig.1C #114); and a processor (fig.1C #112a) coupled with the electro-acoustic transducer, the processor programmed to:
determine a location of the speaker relative to one or more other speakers (Par.[0091-0093][0138-0139] a location, including a distance and an angle, of a speaker #110, 200,210,220, may be determined relative to other speakers in the system); and
in response to a change in the location of the speaker relative to the one or more other speakers, provide instructions to dynamically modify audio playback of at least one of the speaker or the one or more other speakers such that the modifying of the audio playback continually occurs while the change in the location of the speaker occurs (Par.[0142-0143] audio output parameters are adjusted with respect the relative location of the speaker to the one or more other speakers),
wherein the speaker is outputting audio prior to the change in location (Par.[0158-0159] In Example 1, the method may adjust audio parameters according to the relative location of the speakers, In Example 2, the method may detect a change in location from the location determined in Example 1, and update the determined audio parameters accordingly, therefor the speakers are outputting audio using first parameters in Example 1, then the first parameters are dynamically modified based on the detected change in location in Example 2, thereby providing a continuous modification of an output audio signal).
With respect to claim 15, Lewis discloses the speaker of claim 12, wherein the at least one speaker includes a soundbar, wherein determining the location of the speaker relative to the one or more speakers is based on a radio frequency (RF) based proximity detection, wherein the soundbar includes a set of at least two RF anchors configured to aid in the RF based proximity detection, and wherein the soundbar has a known orientation relative to a space (Par.[0091-0096] “soundbar” #200 may comprise two RF anchors #330a,b for performing RF based proximity detection).
With respect to claim 16, Lewis discloses the speaker of claim 12, wherein determining the location of the speaker relative to the one or more speakers is based on acoustic feedback-based proximity detection, the processor further programmed to, detect, using at least one microphone at the speaker or the one or more speakers, at least one acoustic signal from another speaker in a space, and determine the location of the speaker relative to the one or more speakers based on the at least one acoustic signal (Par.[0140] “A portion of the emitted waveform can be received at the first playback device 570 via one or more microphones (e.g., the microphone(s) 115 of FIG. 1F) and used to calculate a time difference that can be used to determine the distance or range 525 between the first and second playback devices 570 and 580”).
With respect to claim 17, Lewis discloses the speaker of claim 12, wherein dynamically modifying the audio playback includes indicating a transitional state of the audio playback during the change in location, wherein indicating the transitional state includes at least one of, fading audio in or out, increasing or decreasing volume (Par.[0102] determination of relative position of the speakers may be use to perform “volume adjustments” of audio output), or providing a visual or audible indicator of the transitional state.
With respect to claim 20, Lewis discloses the speaker of claim 12, wherein determining the location of the speaker relative to the one or more other speakers is dictated by a proximity detection approach of a host speaker in a space (Par.[0121-0125] UWB radio broadcast signals may be used by any of the playback devices #200,210,220 as a host device for determining the relative location of each device).
With respect to claim 21, Lewis discloses the method of claim 1, further comprising ,in response to the change in the location of the speaker relative to the one or more other speakers, dynamically modifying audio playback of both the speaker and the one or more other speakers such that the modifying of the audio playback continually occurs while the change in the location of the speaker occurs (Par.[0142-0143][0158-0159] In Example 1, the method may adjust audio parameters according to the relative location of the speakers, In Example 2, the method may detect a change in location from the location determined in Example 1, and update the determined audio parameters accordingly, therefor the speakers are outputting audio using first parameters in Example 1, then the first parameters are dynamically modified based on the detected change in location in Example 2, thereby providing a continuous modification of an output audio signal.
With respect to claim 22, Lewis discloses the method of claim 7, further comprising using back-channel radio frequency (RF) communication to assist with the acoustic feedback-based proximity detection of the location of the speaker relative to the one or more speakers, wherein the RF back-channel RF communication is used to detect proximity between speakers in separate enclosed spaces separated by at least one wall, while the acoustic feedback-based proximity detection is used to detect proximity between speakers in a common enclosed space (Par.[0041-0042] playback devices may be located in different rooms within an environment fig.1A; Par.[0091-0092] RF communication may be used for determining relative proximity of playback devices, in addition to acoustic feedback proximity detection via a microphone, Par.[0140]).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 12 and 25 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.
Allowable Subject Matter
Claims 25-26 are allowable upon correcting the Claim Objections shown above.
Claims 10, 19 and 23-24 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Reasons for Allowance
The following is an examiner’s statement of reasons for allowance:
Regarding independent claim 25, the closest prior art such as Lewis et al (US 20230195411 A1) teaches the general concept of a method comprising: determining a location of a speaker relative to one or more other speakers; and in response to a change in the location of the speaker relative to the one or more other speakers, dynamically modifying audio playback of at least one of the speaker or the one or more other speakers such that the modifying of the audio playback continually occurs while the change in the location of the speaker occurs, wherein the one or more other speakers are located in a space defined by a proximity border and wherein the change in location of the speaker is either, into or out of the space, or within the space.
However, none of the closest prior art of record, alone or in combination, teaches
“wherein movement of the speaker relative to the proximity border triggers two or more audio transition experiences selected from:
a first experience wherein,
the speaker is outputting audio prior to the change in location and the one or more speakers is not outputting audio prior to the change in location,
in response to the speaker entering the proximity border, initiating audio output at the one or more speakers, and
maintaining the audio output at the one or more speakers in response to the speaker subsequently leaving the proximity border,
a second experience wherein,
the speaker is outputting audio prior to the change in location and the one or more speakers is not outputting audio prior to the change in location,
in response to the speaker entering the proximity border, initiating audio output at the one or more speakers, and
terminating the audio output at the one or more speakers in response to the speaker subsequently leaving the proximity border,
a third experience wherein,
the speaker is not outputting audio prior to the change in location and the one or more speakers is outputting audio prior to the change in location, and
in response to the speaker entering the proximity border, initiating audio output at the speaker,
a fourth experience wherein,
the speaker and the one or more speakers are outputting audio prior to the change in location, and
in response to the speaker entering the proximity border, re-assigning a role of at least one speaker, or
a fifth experience wherein,
the speaker and the one or more speakers are not outputting audio prior to the change in location, and
in response to the speaker entering the proximity border, assigning a role to the speaker configured to take effect in response to a subsequent trigger.” in combination with the rest of the limitations as recited in independent claim 25.
Other prior art has been cited herein regarding methods of adjusting loudspeaker parameters based on movement of location of the loudspeaker, however the other prior art of record also fails to teach or provide suggestion to arrive the combination of the elements and steps presented in the independent claims, again when said elements or steps are collectively considered in regards to each claim. For at least the reasons listed above, dependent claim 26 is also allowed in view of their respective dependencies upon the independent claims.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON R KURR whose telephone number is (571)270-5981. The examiner can normally be reached M-F: 9-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Vivian Chin can be reached at (571-272-7848. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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JASON R. KURR
Primary Examiner
Art Unit 2695
/JASON R KURR/Primary Examiner, Art Unit 2695
Prosecution Insights