Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
DETAILED ACTION
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102 of this title, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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 1-4, 7-14, 16-18, 20-23, 25, 28-30 rejected under 35 U.S.C. 103 as being unpatentable over Lambourne: 7571014 hereinafter Lam further in view of Kitamura: 6704421 hereinafter Kit.
Regarding claim 1
Lam teaches:
Tangible, non-transitory computer-readable media comprising program instructions, wherein the program instructions, when executed by one or more processors, cause a network device comprising a display screen to perform functions (Lam: Col 7:23-7:43, 8:19-8:49; Fig 2B, 2C: controller depicted operative of a processor to execute stored instruction thereby controlling operational parameters of the controller as well as a plurality of networked playback devices) comprising:
causing the display screen to display a set of zone players available for grouping into a grouped configuration (Lam: Col 9:24-9:50; Figs 3, 4, 7: controller provides user interface by which a plurality of playback devices are displayed and grouped, controlled, etc. by user operation upon the interface such by execution of link or add commands);
after receiving one or more respective selections of one or more zone players for the grouped configuration, creating the grouped configuration, wherein creating the grouped configuration comprises sending, from the network device to each of the selected one or more zone players, one or more messages (Lam: Col 7:28-7:35, 8:50-8:61, 9:38-60, 10:1-10:15; Fig 3, 4, 7: when a group is configured upon the controller, packets, messages, instructions, etc. are passed, shared, etc. thereamong; said messages comprising at least playback and transport control data, volume and equalization control data, stereo channel data, etc.; such as under direction of the controller and/or one among the playback devices);
after creating the grouped configuration, obtaining audio content from a media source for playback via the grouped configuration (Lam: Col 2:31-2:40, 12:10-12:22; Figs 3, 4, 7: an audio source is selected to be played synchronously in a group of players via a controlling device such as in response to user operations upon exemplary interfaces of the figures);
transmitting at least a portion of the audio content from the network device to the one or more zone players of the grouped configuration (Lam: Col 6:28-6:36, 8:50-8:57; user creation of a zone group including at least two zone players sends signals or data to one among the zone players coupled on the network, the received signals in one zone player cause other zone players in the group to synchronize and playback an audio source; system transmits at least a portion in the form of a stream audio data packets over the network);
transmitting synchronization information from the network device to the one or more zone players of the grouped configuration that is used by the one or more players to synchronize playback of the audio content via the one or more zone players of the grouped configuration (Lam: Abstract; Col 2:31-2:40, 2:56-2:63, 4:33-4:37, 7:38-7:42, 8:28-8:61, 14:24-14:29; Fig 5, 7C: controller directs operations, audio characteristics, etc. of all the zone players remotely such as in concert with user operations a user interface; user interface operations result in audio playback synchronization to be sent via the RF interface of the controller to a grouped playback device; said synchronization directed by the controller in the form of selecting a source to be played synchronously via the controller(Lam: 2:31-2:40); selecting and synchronizing players in a group of players, configuration thereof (Lam: 2:56-2:63, 7:38-7:42); manipulating a grouping to synchronously play, pause, forward, rewind, etc. the zone player playback operations (Lam: 4:33-4:37), adjust volume, etc. of each player in a group of players (Lam: 7:38-7:42), etc.; in this way the operations on the user interface group players and as a result the grouped players play synchronously a song (Lam: 14:24-14:29)
causing synchronized playback of the audio content according to a first equalization configuration when the audio content comprises a first type of audio content (Lam: Fig 7D: such as a type of audio content which a user wishes to equalize with a preponderance of treble); and according to a second equalization configuration when the audio content comprises a second type of audio content (Lam: Fig 7D: such as a type of audio content which a user wishes to equalize with a preponderance of bess [sic]); and
during synchronized playback of the audio content via the grouped configuration, displaying media corresponding to the audio content via the display screen of the network device (Lam: Col 7:35-7:38; Fig 2B, 3C, 7A: a picture, such as associated with a playing media, is displayed on the controller).
Lam operates to cause synchronized playback of the audio content according to a first equalization configuration when the audio content comprises a first or second type of media based on explicitly input user preferences with respect to said media such as by input to the user interface of Figure 7D during playback of the media. Lam does not discuss automatic configuration of equalization parameters based on media type such as wherein the first equalization type and second equalization type correspond to a first and second audio content comprising a first number of channels and a second number of channels, respectively.
In a related field of endeavor Kit teaches a system and method for multichannel equalization control of audio output (Kit: Abstract; Col 1:23-1:50) wherein the system operates to output audio content according to a first, second, etc. equalization configuration information (Kit: Abstract; Col 4:2-4:12: system comprises a memory operable to store distinct equalization templates which when selected control audio channel outputs including equalization configurations applied to the output), wherein the equalization comprises a first equalization configuration with respect to output of a first type of audio content comprising a first number of channels and a second equalization configuration with respect to output of audio content comprising a second type of audio content comprising a second number of channels (Kit: Abstract; Col 4:2-4:12, 9:17-9:29; Claim 1, 8: system obtains and evaluates a header to determine channel number and formatting, selects an appropriate equalization profile, settings, etc. based thereon, outputs audio in correspondence therewith). It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to perform the Kit taught selection of equalization based on channel count to drive equalization control among the Lam constellation of playback devices based thereon for at least the purpose of automatically and selectively determining and outputting audio using equalizer settings relevant to information in the header, footer, etc. of a first, second, etc. media for output thereby upon one or more networked playback devices; one of ordinary skill in the art would have expected only predictable results therefrom.
Regarding claim 2
Lam in view of Kit teaches or suggests:
The tangible, non-transitory computer-readable media of claim 1, wherein the network device comprises a television (Kit: Col 3:52-3:58, 4:28-4:34, 5:23-5:25: such as by using a connected television to display the user interface for control over the delivery of audio with respect to a media). The claim is considered obvious over Lam as modified by Kit addressed in the base claim as it would have been obvious to apply the further teaching of Lam and/or Kit to the modified device of Lam and Kit; one of ordinary skill in the art would have expected only predictable results therefrom.
Regarding claim 3
Lam in view of Kit teaches or suggests:
The tangible, non-transitory computer-readable media of claim 1, wherein the grouped configuration comprises a zone scene (Lam: Col 1:62-2:5; Figs 3, 4, 7: such as the grouped configuration of devices operative to output a media in concert with the user interface settings such as at particular times, i.e. a Morning scene). The claim is considered obvious over Lam as modified by Kit addressed in the base claim as it would have been obvious to apply the further teaching of Lam and/or Kit to the modified device of Lam and Kit; one of ordinary skill in the art would have expected only predictable results therefrom.
Regarding claim 4
Lam in view of Kit teaches or suggests:
The tangible, non-transitory computer-readable media of claim 1, wherein the functions further comprise:
transmitting one or more volume control commands from the network device to the one or more zone players of the grouped configuration that, when executed by the one or more zone players of the grouped configuration, cause the one or more zone players to adjust a playback volume of the audio content played via the grouped configuration (Lam: Col 2:36-2:40; 8:40-8:61; Fig 7D: All audio playback control operations are synchronously controlled, an audio volume adjustment such as upon the displayed user interface of the controller may be applied to a selected player or all of the players in the group). The claim is considered obvious over Lam as modified by Kit addressed in the base claim as it would have been obvious to apply the further teaching of Lam and/or Kit to the modified device of Lam and Kit; one of ordinary skill in the art would have expected only predictable results therefrom.
Regarding claim 7
Lam in view of Kit teaches or suggests:
The tangible, non-transitory computer-readable media of claim 1, wherein transmitting at least a portion of the audio content from the network device to the one or more zone players of the grouped configuration comprises:
transmitting at least a portion of the audio content from the network device to the one or more zone players of the grouped configuration via at least one of (i) an 802.11 wireless networking protocol or (ii) a wireless personal area network (Lam: Col 5:14-5:18, 6:10-6:16, 6:38-6:46, etc.: system operates over at least an 802.11 wireless network). The claim is considered obvious over Lam as modified by Kit addressed in the base claim as it would have been obvious to apply the further teaching of Lam and/or Kit to the modified device of Lam and Kit; one of ordinary skill in the art would have expected only predictable results therefrom.
Regarding claim 8
Lam in view of Kit in view of DME teaches or suggests:
The tangible, non-transitory computer-readable media of claim 7, wherein the functions further comprise:
saving one or more parameters of the grouped configuration, wherein the one or more parameters of the grouped configuration comprise one or more of (i) a network address for each zone player of the grouped configuration, (ii) a volume level for each zone player of the grouped configuration, (iii) equalization setting for each zone player of the grouped configuration, or (iv) a playlist of audio content for the grouped configuration (Lam: Col 2:31-2:40, 3:10-3:20, 7:38-7:41, 12:10-12:22; Fig 2A, 7D: user entry of volume and equalization parameters upon the interface cause said parameters to be at least buffered or otherwise persisted for transmission over the network and delivery to a playback device which operates under direction of said received, buffered and instantiated parameters). The claim is considered obvious over Lam as modified by Kit addressed in the base claim as it would have been obvious to apply the further teaching of Lam and/or Kit to the modified device of Lam and Kit; one of ordinary skill in the art would have expected only predictable results therefrom.
Regarding claim 9
Lam in view of Kit teaches or suggests:
The tangible, non-transitory computer-readable media of claim 1, wherein during synchronized playback of the audio content via the grouped configuration, displaying media corresponding to the audio content via the display screen of the network device comprises: displaying an image associated with the audio content, wherein the image is received from one of the one or more zone players of the grouped configuration (Lam: Col 7:35-7:38; Fig 2B, 3C, 7A: a picture, such as associated with a playing media, is displayed on the controller). The claim is considered obvious over Lam as modified by Kit addressed in the base claim as it would have been obvious to apply the further teaching of Lam and/or Kit to the modified device of Lam and Kit; one of ordinary skill in the art would have expected only predictable results therefrom.
Regarding claim 10
Lam in view of Kit teaches or suggests:
The tangible, non-transitory computer-readable media of claim 1, wherein the functions further comprise: detecting whether the network device can communicate with one or more zone players of the grouped configuration (Lam: 2:54-2:58: system determines available players and displays a list of same). The claim is considered obvious over Lam as modified by Kit addressed in the base claim as it would have been obvious to apply the further teaching of Lam and/or Kit to the modified device of Lam and Kit; one of ordinary skill in the art would have expected only predictable results therefrom.
Regarding claim 11
Lam in view of Kit teaches or suggests:
The tangible, non-transitory computer-readable media of claim 1, creating the grouped configuration comprises: configuring each zone player in the grouped configuration to perform a different playback role in the grouped configuration based on a user input (Lam: Fig 7D: such as by operation of balance and equalization controls of a particular device upon the user interface). The claim is considered obvious over Lam as modified by Kit addressed in the base claim as it would have been obvious to apply the further teaching of Lam and/or Kit to the modified device of Lam and Kit; one of ordinary skill in the art would have expected only predictable results therefrom.
Regarding claim 12
Lam in view of Kit teaches or suggests:
The tangible, non-transitory computer-readable media of claim 1, wherein the network device comprises a controller (Lam: Fig 2B, 2C, 3, 4, 7: such as the exemplary controller operable in concert with a displayed user interface). The claim is considered obvious over Lam as modified by Kit addressed in the base claim as it would have been obvious to apply the further teaching of Lam and/or Kit to the modified device of Lam and Kit; one of ordinary skill in the art would have expected only predictable results therefrom.
Regarding claim 13
Lam in view of Kit teaches or suggests:
The tangible, non-transitory computer-readable media of claim 1, wherein causing the display screen to display a set of zone players available for grouping into a grouped configuration comprises: causing the display screen to display a set of two or more zone player available for grouping into the grouped configuration (Lam: Fig 4, 7: two or more players displayed, grouped, such as upon a user interface, and operated to present synchronous audio under user direction of volume, balance, equalization, etc. parameters). The claim is considered obvious over Lam as modified by Kit addressed in the base claim as it would have been obvious to apply the further teaching of Lam and/or Kit to the modified device of Lam and Kit; one of ordinary skill in the art would have expected only predictable results therefrom.
Regarding claim 14
Lam in view of Kit teaches or suggests:
The tangible, non-transitory computer-readable media of claim 1, wherein the grouped configuration comprises two zone players configured to play stereo audio (Lam: Fig 4, 7: two or more players grouped and operated to present synchronous audio under user direction of volume, balance, equalization, etc. parameters, such as by operation of a first balance controller to a hard left position and the operation of a second balance controller to a hard right position). The claim is considered obvious over Lam as modified by Kit addressed in the base claim as it would have been obvious to apply the further teaching of Lam and/or Kit to the modified device of Lam and Kit; one of ordinary skill in the art would have expected only predictable results therefrom.
Regarding claim 16
Lam in view of Kit teaches or suggests:
The tangible, non-transitory computer-readable media of claim 1, wherein displaying media corresponding to the audio content via the display screen of the network device comprises displaying a movie. Examiner has taken official notice, Applicant traverses. Applicant’s traversal is not considered a proper traversal, as the specific deficiencies of Examiner’s supposed errors is not specifically pointed out. Nevertheless Examiner is always willing to comply with reasonable assertions regardless of their conclusory nature. As evidence consider Mallinson: 20060290810 which teaches and suggests the utility of synchronizing a television type display with a loudspeaker, loudspeakers system, etc. (Mallinson: ¶ 4, 23, 44-48; Figs 3-5) such as for synchronized output of a movie (Mallinson: ¶ 51), such as using a movie format audio protocol (Mallinson : ¶ 10). Thus the well-known nature is considered established by the instant and unquestionable demonstration of using a movie format container to provide synchrony between a television displaying a movie and a speaker type device—as such the employ of a television for display of a movie was well known in the art before the effective filing date of the instant invention and would have comprised an obvious inclusion, one of ordinary skill in the art would have been motivated to do so for at least the purpose of utilizing a display to playback a movie, television show, or other video content in concert with a playback system attached thereto, in communication therewith, etc. and would have expected only predictable results from such an inclusion. The claim is considered obvious over Lam as modified by Kit addressed in the base claim as it would have been obvious to apply the further teaching of Lam and/or Kit to the modified device of Lam and Kit; one of ordinary skill in the art would have expected only predictable results therefrom.
Regarding claim 17
Lam in view of Kit teaches or suggests:
The tangible, non-transitory computer-readable media of claim 1, wherein the one or more zone players in the grouped configuration comprise (i) at least one zone player that is a subwoofer and (ii) at least one zone player other than a subwoofer. Examiner has taken official notice, Applicant traverses. Applicant’s traversal is not considered a proper traversal, as the specific deficiencies of Examiner’s supposed errors is not specifically pointed out. Nevertheless Examiner is always willing to comply with reasonable assertions regardless of their conclusory nature. As evidence consider Mallinson: 20060290810 which teaches and suggests the utility of synchronizing a television type display with a loudspeaker, loudspeakers system, etc. (Mallinson: ¶ 4, 23, 44-48; Figs 3-5) such as for synchronized output of a movie (Mallinson: ¶ 51), such as using a movie format audio protocol (Mallinson : ¶ 10) and wherein the loudspeakers brought into synchrony additionally comprise a subwoofer (Mallinson: ¶ 19). Thus the well-known nature is considered established by the instant and unquestionable demonstration of synchronizing a subwoofer by the Lam in view of Kit system and method—as such the employ of a subwoofer in the system is considered well known in the art before the effective filing date of the instant invention and would have comprised an obvious inclusion, one of ordinary skill in the art would have been motivated to do so for at least the purpose of utilizing a display to playback a movie, television show, or other video content including subsonic content output by a subwoofer and in concert, synchronous, etc. with a playback system attached thereto, in communication therewith, etc. and would have expected only predictable results from such an inclusion. The claim is considered obvious over Lam as modified by Kit addressed in the base claim as it would have been obvious to apply the further teaching of Lam and/or Kit to the modified device of Lam and Kit; one of ordinary skill in the art would have expected only predictable results therefrom.
Regarding claim 18
Lam in view of Kit teaches or suggests:
The tangible, non-transitory computer-readable media of claim 1, wherein the functions further comprise: playing at least a portion of the audio content in synchrony with the one or more zone players of the grouped configuration (Lam: Abstract; Fig 7D: such as playing of audio upon plural synchronously grouped players with particular balance and equalization settings as directed by a user such as upon the 7D user interface). The claim is considered obvious over Lam as modified by Kit addressed in the base claim as it would have been obvious to apply the further teaching of Lam and/or Kit to the modified device of Lam and Kit; one of ordinary skill in the art would have expected only predictable results therefrom.
Regarding claim 20 – the claim recites substantially similar subject matter to that of claim 1 and is similarly rejected.
Regarding claim 21 – the claim recites substantially similar subject matter to that of claim 2 and is similarly rejected.
Regarding claim 22 – the claim recites substantially similar subject matter to that of claim 3 and is similarly rejected.
Regarding claim 23 – the claim recites substantially similar subject matter to that of claim 4 and is similarly rejected.
Regarding claim 25 – the claim recites substantially similar subject matter to that of claim 7 and is similarly rejected.
Regarding claim 28 – the claim recites substantially similar subject matter to that of claim 9, 16 and is similarly rejected.
Regarding claim 29
Lam in view of Kit teaches or suggests:
The apparatus of claim 20, wherein the apparatus comprises one or more processors disposed within the network device (Lam: Fig 2C: processor 276). The claim is considered obvious over Lam as modified by Kit addressed in the base claim as it would have been obvious to apply the further teaching of Lam and/or Kit to the modified device of Lam and Kit; one of ordinary skill in the art would have expected only predictable results therefrom.
Regarding claim 30
Lam teaches:
A controller comprising: one or more processors; and tangible, non-transitory computer-readable media storing program instructions executable by the one or more processors (Lam: Col 7:23-7:43, 8:19-8:49; Fig 2B, 2C: controller depicted operative of a processor to execute stored instruction thereby controlling operational parameters of the controller as well as a plurality of networked playback devices) such that the controller is configured to:
cause the display a set of zone players available for grouping into a grouped configuration (Lam: Col 9:24-9:50; Figs 3, 4, 7: controller provides user interface by which a plurality of playback devices are displayed and grouped, controlled, etc. by user operation upon the interface such by execution of link or add commands);
after receiving one or more respective selections of one or more zone players for the grouped configuration, create the grouped configuration, wherein creating the grouped configuration comprises sending, from the television to each of the selected one or more zone players, one or more messages (Lam: Col 7:28-7:35, 8:50-8:61, 9:38-60, 10:1-10:15; Fig 3, 4, 7: when a group is configured upon the controller, packets, messages, instructions, etc. are passed, shared, etc. thereamong; said messages comprising at least playback and transport control data, volume and equalization control data, stereo channel data, etc.; such as under direction of the controller and/or one among the playback devices);
after creating the grouped configuration, obtaining audio content from a media source for playback via the grouped configuration (Lam: Col 2:31-2:40, 12:10-12:22; Figs 3, 4, 7: an audio source is selected to be played synchronously in a group of players via a controlling device such as in response to user operations upon exemplary interfaces of the figures);
transmitting at least a portion of the audio content from the television to the one or more zone players of the grouped configuration (Lam: Col 6:28-6:36, 8:50-8:57; user creation of a zone group including at least two zone players sends signals or data to one among the zone players coupled on the network, the received signals in one zone player cause other zone players in the group to synchronize and playback an audio source; system transmits at least a portion in the form of a stream audio data packets over the network);
transmitting synchronization information from the network device to the one or more zone players of the grouped configuration that is used by the one or more players to synchronize playback of the audio content via the one or more zone players of the grouped configuration (Lam: Abstract; Col 2:31-2:40, 2:56-2:63, 4:33-4:37, 7:38-7:42, 8:28-8:61, 14:24-14:29; Fig 5, 7C: controller directs operations, audio characteristics, etc. of all the zone players remotely such as in concert with user operations a user interface; user interface operations result in audio playback synchronization to be sent via the RF interface of the controller to a grouped playback device; said synchronization directed by the controller in the form of selecting a source to be played synchronously via the controller(Lam: 2:31-2:40); selecting and synchronizing players in a group of players, configuration thereof (Lam: 2:56-2:63, 7:38-7:42); manipulating a grouping to synchronously play, pause, forward, rewind, etc. the zone player playback operations (Lam: 4:33-4:37), adjust volume, etc. of each player in a group of players (Lam: 7:38-7:42), etc.; in this way the operations on the user interface group players and as a result the grouped players play synchronously a song (Lam: 14:24-14:29);
wherein the synchronization information is based at least in part on at least one time delay (Lam: Col 3:18-3:21, 8:52-8:55, etc.: delay based synchronization is considered inherent to the synchronization of separate machines on a network as precise synchronization requires timing compensation of some form and the measurement or quantification of such delay is necessary to achieve synchronization among the networked playback devices) and
during synchronized playback of the audio content via the grouped configuration, displaying media corresponding to the audio content via the controller (Lam: Col 7:35-7:38; Fig 2B, 3C, 7A: a picture, such as associated with a playing media, is displayed on the controller).
Lam operates to cause synchronized playback of the audio content according to a first equalization configuration when the audio content comprises a first or second type of media based on explicitly input user preferences with respect to said media such as by input to the user interface of Figure 7D during playback of the media. Lam does not discuss automatic configuration of equalization parameters based on media type such as wherein the first equalization type and second equalization type correspond to a first and second audio content comprising a first number of channels and a second number of channels, respectively.
In a related field of endeavor Kit teaches a system and method for multichannel equalization control of audio output (Kit: Abstract; Col 1:23-1:50) wherein the system operates to output audio content according to a first, second, etc. equalization configuration information (Kit: Abstract; Col 4:2-4:12: system comprises a memory operable to store distinct equalization templates which when selected control audio channel outputs including equalization configurations applied to the output), wherein the equalization comprises a first equalization configuration with respect to output of a first type of audio content comprising a first number of channels and a second equalization configuration with respect to output of audio content comprising a second type of audio content comprising a second number of channels (Kit: Abstract; Col 4:2-4:12, 9:17-9:29; Claim 1, 8: system obtains and evaluates a header to determine channel number and formatting, selects an appropriate equalization profile, settings, etc. based thereon, outputs audio in correspondence therewith) and wherein the network device comprises a television (Kit: Col 3:52-3:58, 4:28-4:34, 5:23-5:25: such as by using a connected television to display the user interface for control over the delivery of audio with respect to a media). It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to perform the Kit taught selection of equalization based on channel count to drive equalization control among the Lam constellation of playback devices based thereon and it would have been further obvious to present a user interface for doing so such as the Lam, and/or Kit user interface upon a television display as taught or suggested by Kit for at least the purpose of automatically and selectively determining and outputting audio using equalizer settings relevant to information in the header, footer, etc. of a first, second, etc. media for output thereby upon one or more networked playback devices such as by operating a user interface upon a display such as a television display, such a display being an obvious substitution with well recognized utility for such a purpose; one of ordinary skill in the art would have expected only predictable results therefrom.
Claims 5, 6, 15, 19, 24, 26, 27 rejected under 35 U.S.C. 103 as being unpatentable over Lambourne: 7571014 hereinafter Lam further in view of Kitamura: 6704421 hereinafter Kit as applied to claims 1-4, 7-14, 16-18, 20-23, 25, 28-30 supra and further in view of DME designer version 3.8 (copy provided by Examiner, available at least 2010 and hereinafter DME).
Regarding claim 5
Lam in view of Kit teaches or suggests:
The tangible, non-transitory computer-readable media of claim 1, wherein transmitting at least a portion of the audio content from the network device to the one or more zone players of the grouped configuration comprises:
processing the audio content into at least two streams (Lam: Col 5:26-5:28 6:28-6:36, 8:50-8:57; Fig 7D: stream audio such as stereo audio wherein the stereo signal is pannable left and right); and
transmitting at least one stream to at least one zone player of the grouped configuration (Lam: Col 6:28-6:36, 8:50-8:57; Figs 7: each/any active zone player within a group in receipt of at least one stream such as transmitted from a coordinator playback device or controller).
Lam in view of Kit at least strongly suggests the transmission of plural streams in the manner claimed.
In a related field of endeavor DME teaches a playback device, method, system and instantiable instructions for configuring multichannel playback to a number of channelized outputs (DME: pp 190, 191: exemplary audio/data network suitable to flexibly input, route, and output one or more signals); such as by configuration of a plurality of input/output playback devices (DME: pp 3-8, 492-507; Ch 6); the system, instructions, etc. operative of a network interface configured to receive audio data over a network (DME: pp 3-8, 492-507; Ch 6: a source selector directs audio through a network interface by allocating slots and processing paths among a variety of system sources and sinks); said data comprising synchronization information to synchronize playback devices in the network, such as based on transmitted sync information among the devices that is used by the one or more zone players to synchronize playback (DME: (DME: pp 51, 71, 93-95, 110-116, 176, 177, such as by sharing a word clock, clicking a button directive or synchronization scheme, selection and instantiation of a configuration in concert with synchronization data, adjustment manually upon a control of clock timing for each any playback device, etc.); and functional to route one or more audio outputs comprising channel portions of the audio to audio outputs (DME: pp 3-8, 492-507; Ch 6: a source selector directs audio through a network interface by allocating slots and processing paths among a variety of system sources and sinks);
the system, instructions, etc. operative of at least one processor; using program instructions stored on a tangible, non-transitory computer-readable medium that are executable by the at least one processor (DME: pp 3-8, 492-507: each/any DME type device comprises processing resources under direction of instantiated user interfaces variously available on the network to execute code directive of signal routing and processing upon the exemplary audio/data network), wherein execution of the program instructions configures each/any playback device to transmit a particular portion of the audio content (DME: pp 431-461; Ch 6 generally: such as by implementation of an mixer with particular pan settings, by a pan module where portions of each/any channel are routable to particular outputs, or by a router module operative to direct particular input channels to particular output channels, etc., by a source selector module, etc.);
and in this way operative for processing the audio content into at least two streams (DME: pp 431-461: such as resulting from routing a particular stereo audio content to a first signal path and output and a second signal path and output); and
transmitting at least one stream to at least one zone player of the grouped configuration (DME: pp 431-461, 485, 486: plurality of modules operate to allow routing of one or more streams to one or more outputs, said outputs in synchrony and delivered to output devices such as a loudspeaker, etc. from one or more networked DME type devices).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to adapt the Lam in view of Kit taught system and method to operate to process signals such as by proffer of a user interface, operations thereon such as realized upon the DME taught user interface and signal processing system; one of ordinary skill in the art would have been motivated to do so for at least the purpose of operating a playback system operable by a user to designate, save, and instantiate particular signal input, processing, and output paths network of plural configurable playback devices all under user direction and to thereby route portions of a signal, such as channels, and/or frequencies thereof to particular playback devices for synchronous playback, output, etc. of audio thereon, thereby, etc. such as to increase the functionality of the Lam in view of Kit system by integrating or equipping controller and display functionality into each/any, select ones, etc. of the Lam taught playback devices as taught or suggested by DME as the Lam in view of Kit system comprises a base device which would be improved by such functionality such as by integrating the ability to perform controller directed functionality, operations, etc. of Lam using any of the playback devices so equipped; one of ordinary skill in the art would have expected only predictable results from such a modification.
Regarding claim 6
Lam in view of Kit in view of DME teaches or suggests:
The tangible, non-transitory computer-readable media of claim 5, wherein each of the at least two streams corresponds to a different channel of the audio content (Lam: Col 5:26-5:28 6:28-6:36, 8:50-8:57; Fig 7D: left and right channels routable to one or more playback devices); (DME: pp 431-461, 485, 486: plurality of modules operate to allow routing of one or more streams to one or more outputs, said outputs optionally upon one or more networked DME type devices). The claim is considered obvious over Lam as modified by Kit and DME as addressed in the base claim as it would have been obvious to apply the further teaching of Lam, Kit, and/or DME to the modified device of Lam, Kit and DME; one of ordinary skill in the art would have expected only predictable results therefrom.
Regarding claim 15
Lam in view of Kit teaches or suggests:
The tangible, non-transitory computer-readable media of claim 1, wherein the grouped configuration comprises three or more zone players (Lam: Fig 4, 7: such as by operation of the user interface to add a third player to the two or more players grouped in fig 7D and operated by a user to present synchronous audio under user direction of volume, balance, equalization, etc. parameters, such as by operation of a first balance controller to a hard left position and the operation of a second balance controller to a hard right position and the operation of a third balance controller to a center position such as in concert with equalization settings for dialog),
Lam in view of Kit is considered to strongly suggest the system configured to play audio in a home theater configuration (Lam: Fig 4, 7: such as by operation of the user interface to add a third player to the two or more players grouped in fig 7D and operated by a user to present synchronous audio under user direction of volume, balance, equalization, etc. parameters, such as by operation of a first balance controller to a hard left position and the operation of a second balance controller to a hard right position and the operation of a third balance controller to a center position such as in concert with equalization settings for dialog). Lam in view of Kit does not explicitly discuss surround sound, home theatre, 5.1 etc. configurations.
In keeping with the rejection over Lam, Kit and DME as applied to claims 5, 6 supra—DME teaches a plurality of playback devices, players, etc. configured to play audio in a home theater configuration (DME: pp 3-9, 374, 453-457; Ch 4: system operates to group up to 64 playback devices into user determined configuration of input, processing paths and outputs, such as to individually address individual outputs, channels etc. to speakers in a surround sound, theatre, 5.1, etc. configuration; such as by employ of a surround mixer component ). It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to adapt the Lam in view of Kit taught system and method to operate to process signals such as by proffer of a user interface, operations thereon such as realized upon the DME taught user interface and signal processing system; one of ordinary skill in the art would have been motivated to do so for at least the purpose of accessing and controlling output in a surround sound, 5.1, home theater type implementation such as by using a surround sound mixer component; one of ordinary skill in the art would have expected only predictable results therefrom.
Regarding claim 19
Lam in view of Kit teaches or suggests:
The tangible, non-transitory computer-readable media of claim 1, wherein the functions further comprise: before causing the display screen to display a set of zone players available for grouping into a grouped configuration, launching an application configured to facilitate setup of the grouped configuration. (Lam: Fig 3A, 3B, 5, 7B: such as by display of a zone menu, by instantiation of setup commands to add or drop a player within a group, by linking or unlinking players, and/or by operating a method such as that of figure 5).
Lam in view of Kit strongly suggests but does not explicitly teach launching a setup application configured to facilitate setup of the grouped configuration.
In keeping with the rejection over Lam, Kit and DME as applied to claims 5, 6 supra—DME teaches a system for setting up an audio input, routing, and output application such as for configuring a multi-channel audio playback environment(DME: pp 431-461, 485, 486: plurality of modules operate to allow routing of one or more streams to one or more outputs, said outputs in synchrony and delivered to output devices such as a loudspeaker, etc. from one or more networked DME type devices). It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to adapt the Lam in view of Kit taught system and method to operate to process signals such as by proffer of a user interface, operations thereon such as realized upon the DME taught user interface and signal processing system; one of ordinary skill in the art would have been motivated to do so for at least the purpose of accessing, routing, and controlling multi-channel output in a surround sound, 5.1, home theater, etc. type implementation such as by using a the configuration and mixer functionality of DME in concert with the synchronized networked loudspeakers of Lam in view of Kit; one of ordinary skill in the art would have expected only predictable results therefrom.
Regarding claim 24 – the claim recites substantially similar subject matter to that of claim 5 and is similarly rejected.
Regarding claim 26
Lam in view of Kit teaches or suggests:
The apparatus of claim 20, wherein the functions further comprise: displaying a set of zone players available for grouping into the grouped configuration; after receiving a selection of the one or more zone players for the grouped configuration, saving one or more parameters of the grouped configuration (Lam: Figs 3, 4, 7).
Lam in view of Kit strongly suggests but does not explicitly teach after setting up the grouped configuration, activating the grouped configuration.
In keeping with the rejection over Lam, Kit and DME as applied to claims 5, 6 supra—DME teaches a system for setting up an audio input, routing, and output application such as for configuring a multi-channel audio playback environment(DME: pp 431-461, 485, 486: plurality of modules operate to allow routing of one or more streams to one or more outputs, said outputs in synchrony and delivered to output devices such as a loudspeaker, etc. from one or more networked DME type devices) comprising distinct steps, interface functionality, etc. for setting up a grouped configuration, and activating the grouped configuration (DME: pp 3-8, 293-306, 492-507: exemplary system where players available for grouping are displayed and configurations are created by a user in a graphical user interface resulting in grouped playback devices connected to create particular configurations of inputs, signal processing paths and outputs such as in a plurality of area, zone and configuration windows operable to create, edit, save and instantiate configurations of devices and processing paths thereon)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to adapt the Lam in view of Kit taught system and method to operate to process signals such as by proffer of a user interface, operations thereon such as realized upon the DME taught user interface and signal processing system such as for setting up, saving, instantiating, etc. a plurality of user desired configurations; one of ordinary skill in the art would have been motivated to do so for at least the purpose of accessing, routing, and controlling multi-channel output in stereo; surround sound, 5.1, home theater; or other enterprise demanded implementations such as by using a the configuration, storage and instantiation functionality of DME in concert with the synchronized networked loudspeakers of Lam in view of Kit; one of ordinary skill in the art would have expected only predictable results therefrom.
Regarding claim 27 – the claim recites substantially similar subject matter to that of claim 26 and is similarly rejected.
Response to Arguments
Applicant’s arguments in concert with amendments to the independent claims, see Remarks and Claims, filed, with respect to the rejection(s) of claim(s) 1-30 under 35 USC 103 over Lambourne in view of Spilo; Lambourne in view of Spilo in view of Mallinson; and/or Lambourne in view of Spilo in view of DME have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Lambourne in view of Kitamura; Lambourne in view of Spilo in view of Mallinson; and/or Lambourne in view of Kitamura in view of DME.
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 PAUL C MCCORD whose telephone number is (571)270-3701. The examiner can normally be reached 730-630 M-F.
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/PAUL C MCCORD/Primary Examiner, Art Unit 2692
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