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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,047,752 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1-20 is not patentably distinct from the limitations of claims 1-20 of US 12,047,752 B2.
#18779850
US 12,047,752 B2
claim 1, a computing device comprising:
at least one processor;
at least one non-transitory computer-readable medium; and
program instructions stored on the at least one non-transitory computer-readable medium that are executable by the at least one processor such that the computing device is configured to:
receive an indication of a voice command;
determine, based on the voice command, (i) first audio content that comprises a response to the voice command and (ii) a duration of the first audio content;
identify a first playback device that is playing back second audio content in synchrony with a second playback device; and
transmit, to the first playback device, (i) a first message indicating the first audio content and the duration of the first audio content and (ii) a second message indicating instructions to (a) while playing back the second audio content in synchrony with the second playback device, simultaneously play back the first audio content, and (b) after the duration of the first audio content, continue playing back the second audio content in synchrony with the second playback device.
claim 3, the computing device of claim 1, wherein the second message further indicates instructions to (c) mix the first audio content with the second audio content.
claim 2, the computing device of claim 1, wherein the computing device comprises the second playback device.
1. A first playback device comprising: a network interface; at least one processor; at least one microphone; at least one non-transitory computer-readable medium; and program instructions stored on the at least one non-transitory computer-readable medium that are executable by the at least one processor such that the first playback device is configured to: play back first audio content in synchrony with a second playback device; detect, via the at least one microphone, a voice command; receive, via the network interface, a message indicating (i) second audio content that the first playback device is to play back as a response to the voice command and (ii) a duration of the second audio content that defines how long the first playback device will play back the second audio content; in response to receiving the message indicating (i) the second audio content and (ii) the duration of the second audio content, mix the first audio content with the second audio content such that the first playback device (i) plays back the first audio content in synchrony with the second playback device and (ii) simultaneously plays back the second audio content; and after the duration of the second audio content, continue playing back the first audio content in synchrony with the second playback device.
2. The first playback device of claim 1, wherein the program instructions that are executable by the at least one processor such that the first playback device is configured to play back the first audio content in synchrony with the second playback device comprise program instructions that are executable by the at least one processor such that the first playback device is configured to play back the first audio content in synchrony with the second playback device at a first volume, and wherein the first playback device further comprises program instructions stored on the at least one non-transitory computer-readable medium that are executable by the at least one processor such that the first playback device is configured to: while playing back the second audio content, cause the second playback device to play back the first audio content at a second volume.
claim 4, the computing device of claim 1, further comprising program instructions stored on the at least one non-transitory computer-readable medium that are executable by the at least one processor such that the computing device is configured to:
transmit, to the second playback device, a third message indicating instructions to change a playback volume of the second playback device for playing back the second audio content while the first playback device is playing back the first audio content.
claim 5, the computing device of claim 4, further comprising program instructions stored on the at least one non-transitory computer-readable medium that are executable by the at least one processor such that the computing device is configured to:
transmit, to the second playback device, a fourth message indicating instructions to, after the duration of the first audio content, revert the change to the playback volume of the second playback device for playing back the second audio content.
claim 6, the computing device of claim 4, wherein the instructions to change the playback volume of the second playback device comprise instructions to reduce the playback volume of the second playback device.
claim 7, the computing device of claim 1, wherein the instructions to (a) while playing back the second audio content in synchrony with the second playback device, simultaneously play back the first audio content comprise instructions to (a) while playing back the second audio content in
synchrony with the second playback device at a second volume, simultaneously play back the first audio content at a first volume, wherein the first volume is higher than the second volume.
3. The first playback device of claim 2, wherein the program instructions that are executable by the at least one processor such that the first playback device is configured to, after the duration of the second audio content, continue playing back the first audio content in synchrony with the second playback device comprise program instructions that are executable by the at least one processor such that the first playback device is configured to cause the second playback device to play back the first audio content at the first volume.
4. The first playback device of claim 2, wherein the second volume is lower than the first volume.
claim 8, the computing device of claim 7, wherein the instructions to (b) after the duration of the first audio content, continue playing back the second audio content in synchrony with the second playback device comprise instructions to (b) after the duration of the first audio content, continue playing back the second audio content in synchrony with the second playback device at the second volume.
claim 9, the computing device of claim 1, wherein the first playback device and the second playback device are bonded playback devices.
8. The first playback device of claim 1, wherein the first playback device and the second playback device are bonded playback devices.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-2, 7-11, 16-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over in Piernot et al (US 2015/0348548 A1) in view of Bates et al (US 2013/0317635 A1) and further in view of Yokota (US 2010/0041443 A1).
Regarding claim 1, Piernot et al disclose a computing device comprising: at least one processor (Piernot et al; Para [0024]); at least one non-transitory computer-readable medium (Piernot et al; Para [0024]); and program instructions stored on the at least one non-transitory computer-readable medium that are executable by the at least one processor such that the computing device is configured to (Piernot et al; Para [0025]): receive an indication of a voice command (Piernot et al; Para [0014]); determine, based on the voice command, (i) first audio content that comprises a response to the voice command (Piernot et al; Para [0014]) but do not expressly disclose and (ii) a duration of the first audio content; identify a first playback device that is playing back second audio content in synchrony with a second playback device; and transmit, to the first playback device, (i) a first message indicating the first audio content and the duration of the first audio content and (ii) a second message indicating instructions to (a) while playing back the second audio content in synchrony with the second playback device, simultaneously play back the first audio content, and (b) after the duration of the first audio content, continue playing back the second audio content in synchrony with the second playback device. However, in the same field of endeavor, Bates et al disclose a device determine, based on the voice command, (i) first audio content that comprises a duration of the first audio content (Bates et al; Para [0020][0116][0075]); identify a first playback device that is playing back second audio content in synchrony with a second playback device (Bates et al; Para [0108][0116][0150][0060]; plurality of playback devices playing same content); and transmit, to the first playback device, (i) a first message indicating the first audio content and the duration of the first audio content (Bates et al; Para [0110][0075]) and (ii) a second message indicating instructions (Bates et al; Para [0116]) to (a) while playing back the second audio content in synchrony with the second playback device (Bates et al; Para [0108] [0116] [0150] [0060]), and (b) after the duration of the first audio content, continue playing back the second audio content in synchrony with the second playback device (Bates et al; Para [0124]). It would have been obvious to one of the ordinary skills in the art before the effective filing date of the application to use the second audio playback taught by Bates as second audio content playback in the device taught by Piernot. The motivation to do so would have been to improve the audio experience (Bates et al; Para [0018]). Moreover, in the same field of endeavor, Yokota et al disclose a device comprising a second message indicating instructions to (a) while playing back the second audio content in synchrony with the second playback device (Yokota et al; Fig 7; speaker 1L and 1R play back audio content in synchrony), simultaneously play back the first audio content (Yokota et al; Fig 7; mix phone call from phone 7 with speaker 1L and simultaneously play back the phone audio content while 1L 1R play back audio content in synchrony), and (b) after the duration of the first audio content, continue playing back the second audio content in synchrony with the second playback device (Yokota et al; Fig 7; speaker 1L and 1R play back audio content in synchrony after end of phone call content). It would have been obvious to one of the ordinary skills in the art before the effective filing date of the application to use the second audio playback taught by Yokota as second audio content playback in the device taught by Piernot. The motivation to do so would have been to improve the audio reproduction (Yokota et al; Para [0076]).
Regarding claim 2, Piernot et al in view of Bates et al and further in view of Yokota et al disclose the computing device of claim 1, but do not expressly disclose wherein the computing device comprises the second playback device. However, in the same field of endeavor, Bates et al disclose a device wherein the computing device comprises the second playback device (Bates et al; Para [0087]; use controller device as playback device). It would have been obvious to one of the ordinary skills in the art before the effective filing date of the application to use the second audio playback taught by Bates as second audio content playback in the device taught by Piernot. The motivation to do so would have been to improve the audio experience (Bates et al; Para [0018]).
Regarding claim 7, Piernot et al in view of Bates et al and further in view of Yokota et al disclose the computing device of claim 1, but do not expressly disclose wherein the instructions to (a) while playing back the second audio content in synchrony with the second playback device, simultaneously play back the first audio content comprise instructions to (a) while playing back the second audio content in synchrony with the second playback device at a second volume (Yokota et al; Fig 7; Para [0093]-[0094]), simultaneously play back the first audio content at a first volume, wherein the first volume is higher than the second volume (Yokota et al; Fig 7; Para [0093]-[0094]). However, in the same field of endeavor, Yokota et al disclose a device wherein the instructions to (a) while playing back the second audio content in synchrony with the second playback device, simultaneously play back the first audio content comprise instructions to (a) while playing back the second audio content in synchrony with the second playback device at a second volume (Yokota et al; Fig 7; Para [0093]-[0094]), simultaneously play back the first audio content at a first volume, wherein the first volume is higher than the second volume (Yokota et al; Fig 7; Para [0093]-[0094]). It would have been obvious to one of the ordinary skills in the art before the effective filing date of the application to use the second audio playback taught by Yokota as second audio content playback in the device taught by Piernot. The motivation to do so would have been to improve the audio reproduction (Yokota et al; Para [0076]).
Regarding claim 8, Piernot et al in view of Bates et al and further in view of Yokota et al disclose the computing device of claim 7, but do not expressly disclose wherein the instructions to (b) after the duration of the first audio content, continue playing back the second audio content in synchrony with the second playback device comprise instructions to (b) after the duration of the first audio content, continue playing back the second audio content in synchrony with the second playback device at the second volume. However, in the same field of endeavor, Bates et al disclose a device wherein the instructions to (b) after the duration of the first audio content, continue playing back the second audio content in synchrony with the second playback device comprise instructions to (b) after the duration of the first audio content, continue playing back the second audio content in synchrony with the second playback device at the second volume (Bates et al; Para [0124]). It would have been obvious to one of the ordinary skills in the art before the effective filing date of the application to use the second audio playback taught by Bates as second audio content playback in the device taught by Piernot. The motivation to do so would have been to improve the audio experience (Bates et al; Para [0018]).
Regarding claim 9, Piernot et al in view of Bates et al and further in view of Yokota et al disclose the computing device of claim 1, but do not expressly disclose wherein the first playback device and the second playback device are bonded playback devices. However, in the same field of endeavor, Bates et al disclose a device wherein the first playback device and the second playback device are bonded playback devices (Bates et al; Para [0060]). It would have been obvious to one of the ordinary skills in the art before the effective filing date of the application to use the second audio playback taught by Bates as second audio content playback in the device taught by Piernot. The motivation to do so would have been to improve the audio experience (Bates et al; Para [0018]).
Regarding claim 10, Piernot et al disclose a non-transitory computer-readable medium, wherein the non-transitory computer-readable medium is provisioned with program instructions that, when executed by at least one processor, cause a computing device to (Piernot et al; Para [0025]): receive an indication of a voice command (Piernot et al; Para [0014]); determine, based on the voice command, (i) first audio content that comprises a response to the voice command (Piernot et al; Para [0014]) but do not expressly disclose and (ii) a duration of the first audio content; identify a first playback device that is playing back second audio content in synchrony with a second playback device; and transmit, to the first playback device, (i) a first message indicating the first audio content and the duration of the first audio content and (ii) a second message indicating instructions to (a) while playing back the second audio content in synchrony with the second playback device, simultaneously play back the first audio content, and (b) after the duration of the first audio content, continue playing back the second audio content in synchrony with the second playback device. However, in the same field of endeavor, Bates et al disclose a device determine, based on the voice command, (i) first audio content that comprises a duration of the first audio content (Bates et al; Para [0020][0116][0075]); identify a first playback device that is playing back second audio content in synchrony with a second playback device (Bates et al; Para [0108][0116][0150][0060]; plurality of playback devices playing same content); and transmit, to the first playback device, (i) a first message indicating the first audio content and the duration of the first audio content (Bates et al; Para [0110][0075]) and (ii) a second message indicating instructions (Bates et al; Para [0116]) to (a) while playing back the second audio content in synchrony with the second playback device (Bates et al; Para [0108] [0116] [0150] [0060]), and (b) after the duration of the first audio content, continue playing back the second audio content in synchrony with the second playback device (Bates et al; Para [0124]). It would have been obvious to one of the ordinary skills in the art before the effective filing date of the application to use the second audio playback taught by Bates as second audio content playback in the device taught by Piernot. The motivation to do so would have been to improve the audio experience (Bates et al; Para [0018]). Moreover, in the same field of endeavor, Yokota et al disclose a device comprising a second message indicating instructions to (a) while playing back the second audio content in synchrony with the second playback device (Yokota et al; Fig 7; speaker 1L and 1R play back audio content in synchrony), simultaneously play back the first audio content (Yokota et al; Fig 7; mix phone call from phone 7 with speaker 1L and simultaneously play back the phone audio content while 1L 1R play back audio content in synchrony), and (b) after the duration of the first audio content, continue playing back the second audio content in synchrony with the second playback device (Yokota et al; Fig 7; speaker 1L and 1R play back audio content in synchrony after end of phone call content). It would have been obvious to one of the ordinary skills in the art before the effective filing date of the application to use the second audio playback taught by Yokota as second audio content playback in the device taught by Piernot. The motivation to do so would have been to improve the audio reproduction (Yokota et al; Para [0076]).
Regarding claim 11, Piernot et al in view of Bates et al and further in view of Yokota et al disclose the non-transitory computer-readable medium of claim 10, but do not expressly disclose wherein the computing device comprises the second playback device. However, in the same field of endeavor, Bates et al disclose a device wherein the computing device comprises the second playback device (Bates et al; Para [0087]; use controller device as playback device). It would have been obvious to one of the ordinary skills in the art before the effective filing date of the application to use the second audio playback taught by Bates as second audio content playback in the device taught by Piernot. The motivation to do so would have been to improve the audio experience (Bates et al; Para [0018]).
Regarding claim 16, Piernot et al in view of Bates et al and further in view of Yokota et al disclose the non-transitory computer-readable medium of claim 10, but do not expressly disclose wherein the instructions to (a) while playing back the second audio content in synchrony with the second playback device, simultaneously play back the first audio content comprise instructions to (a) while playing back the second audio content in synchrony with the second playback device at a second volume, simultaneously play back the first audio content at a first volume, wherein the first volume is higher than the second volume. However, in the same field of endeavor, Yokota et al disclose a device wherein the instructions to (a) while playing back the second audio content in synchrony with the second playback device, simultaneously play back the first audio content comprise instructions to (a) while playing back the second audio content in synchrony with the second playback device at a second volume (Yokota et al; Fig 7; Para [0093]-[0094]), simultaneously play back the first audio content at a first volume, wherein the first volume is higher than the second volume (Yokota et al; Fig 7; Para [0093]-[0094]). It would have been obvious to one of the ordinary skills in the art before the effective filing date of the application to use the second audio playback taught by Yokota as second audio content playback in the device taught by Piernot. The motivation to do so would have been to improve the audio reproduction (Yokota et al; Para [0076]).
Regarding claim 17, Piernot et al in view of Bates et al and further in view of Yokota et al disclose the non-transitory computer-readable medium of claim 16, but do not expressly disclose wherein the instructions to (b) after the duration of the first audio content, continue playing back the second audio content in synchrony with the second playback device comprise instructions to (b) after the duration of the first audio content, continue playing back the second audio content in synchrony with the second playback device at the second volume. However, in the same field of endeavor, Bates et al disclose a device wherein the instructions to (b) after the duration of the first audio content, continue playing back the second audio content in synchrony with the second playback device comprise instructions to (b) after the duration of the first audio content, continue playing back the second audio content in synchrony with the second playback device at the second volume (Bates et al; Para [0124]). It would have been obvious to one of the ordinary skills in the art before the effective filing date of the application to use the second audio playback taught by Bates as second audio content playback in the device taught by Piernot. The motivation to do so would have been to improve the audio experience (Bates et al; Para [0018]).
Regarding claim 18, Piernot et al disclose a method implemented by a computing device, the method comprising: receiving an indication of a voice command (Piernot et al; Para [0014]); determining, based on the voice command, (i) first audio content that comprises a response to the voice command (Piernot et al; Para [0014]) but do not expressly disclose and (ii) a duration of the first audio content; identifying a first playback device that is playing back second audio content in synchrony with a second playback device; and transmitting, to the first playback device, (i) a first message indicating the first audio content and the duration of the first audio content and (ii) a second message indicating instructions to (a) while playing back the second audio content in synchrony with the second playback device, simultaneously play back the first audio content, and (b) after the duration of the first audio content, continue playing back the second audio content in synchrony with the second playback device. However, in the same field of endeavor, Bates et al disclose a device determine, based on the voice command, (i) first audio content that comprises a duration of the first audio content (Bates et al; Para [0020][0116][0075]); identify a first playback device that is playing back second audio content in synchrony with a second playback device (Bates et al; Para [0108][0116][0150][0060]; plurality of playback devices playing same content); and transmit, to the first playback device, (i) a first message indicating the first audio content and the duration of the first audio content (Bates et al; Para [0110][0075]) and (ii) a second message indicating instructions (Bates et al; Para [0116]) to (a) while playing back the second audio content in synchrony with the second playback device (Bates et al; Para [0108] [0116] [0150] [0060]), and (b) after the duration of the first audio content, continue playing back the second audio content in synchrony with the second playback device (Bates et al; Para [0124]). It would have been obvious to one of the ordinary skills in the art before the effective filing date of the application to use the second audio playback taught by Bates as second audio content playback in the device taught by Piernot. The motivation to do so would have been to improve the audio experience (Bates et al; Para [0018]). Moreover, in the same field of endeavor, Yokota et al disclose a device comprising a second message indicating instructions to (a) while playing back the second audio content in synchrony with the second playback device (Yokota et al; Fig 7; speaker 1L and 1R play back audio content in synchrony), simultaneously play back the first audio content (Yokota et al; Fig 7; mix phone call from phone 7 with speaker 1L and simultaneously play back the phone audio content while 1L 1R play back audio content in synchrony), and (b) after the duration of the first audio content, continue playing back the second audio content in synchrony with the second playback device (Yokota et al; Fig 7; speaker 1L and 1R play back audio content in synchrony after end of phone call content). It would have been obvious to one of the ordinary skills in the art before the effective filing date of the application to use the second audio playback taught by Yokota as second audio content playback in the device taught by Piernot. The motivation to do so would have been to improve the audio reproduction (Yokota et al; Para [0076]).
Claim(s) 3, 12, 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over in Piernot et al (US 2015/0348548 A1) in view of Bates et al (US 2013/0317635 A1) and further in view of Yokota (US 2010/0041443 A1) and further in view of Barton et al (US 2017/0060526 A1).
Regarding claim 3, Piernot et al in view of Bates et al and further in view of Yokota et al disclose the computing device of claim 1, but do not expressly disclose wherein the second message further indicates instructions to (c) mix the first audio content with the second audio content. However, in the same field of endeavor, Barton et al disclose a device wherein the second message further indicates instructions to (c) mix the first audio content with the second audio content (Barton et al; Fig 9; Para [0022]; [0026]; [0047]). It would have been obvious to one of the ordinary skills in the art before the effective filing date of the application to use the second audio playback taught by Barton as second audio content playback in the device taught by Piernot. The motivation to do so would have been to improve the user experience (Barton et al; Para [0018]).
Regarding claim 12, Piernot et al in view of Bates et al and further in view of Yokota et al disclose the non-transitory computer-readable medium of claim 10, but wherein the second message further indicates instructions to (c) mix the first audio content with the second audio content. However, in the same field of endeavor, Barton et al disclose a device wherein the second message further indicates instructions to (c) mix the first audio content with the second audio content (Barton et al; Fig 9; Para [0022]; [0026]; [0047]). It would have been obvious to one of the ordinary skills in the art before the effective filing date of the application to use the second audio playback taught by Barton as second audio content playback in the device taught by Piernot. The motivation to do so would have been to improve the user experience (Barton et al; Para [0018]).
Regarding claim 19, Piernot et al in view of Bates et al and further in view of Yokota et al disclose the method of claim 18, but do not expressly disclose wherein the second message further indicates instructions to (c) mix the first audio content with the second audio content. However, in the same field of endeavor, Barton et al disclose a method wherein the second message further indicates instructions to (c) mix the first audio content with the second audio content (Barton et al; Fig 9; Para [0022]; [0026]; [0047]). It would have been obvious to one of the ordinary skills in the art before the effective filing date of the application to use the second audio playback taught by Barton as second audio content playback in the device taught by Piernot. The motivation to do so would have been to improve the user experience (Barton et al; Para [0018]).
Claim(s) 4-6, 13-15, 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over in Piernot et al (US 2015/0348548 A1) in view of Bates et al (US 2013/0317635 A1) and further in view of Yokota (US 2010/0041443 A1) and further in view of Dizon et al (US 2014/0363022 A1)
Regarding claim 4, Piernot et al in view of Bates et al and further in view of Yokota et al disclose the computing device of claim 1, but do not expressly disclose further comprising program instructions stored on the at least one non-transitory computer-readable medium that are executable by the at least one processor such that the computing device is configured to: transmit, to the second playback device, a third message indicating instructions to change a playback volume of the second playback device for playing back the second audio content while the first playback device is playing back the first audio content. However, in the same field of endeavor, Dizon et al disclose a device further comprising program instructions stored on the at least one non-transitory computer-readable medium that are executable by the at least one processor such that the computing device is configured to (Dizon et al; Para [0120]): transmit, to the second playback device, a third message indicating instructions to change a playback volume of the second playback device for playing back the second audio content while the first playback device is playing back the first audio content (Dizon et al; Para [0119]). It would have been obvious to one of the ordinary skills in the art before the effective filing date of the application to use the second audio playback taught by Bates as second audio content playback in the device taught by Piernot. The motivation to do so would have been revolutionizes the way people access and consume digital media (Dizon et al; Para [0004]).
Regarding claim 5, Piernot et al in view of Bates et al and further in view of Yokota et al and further in view of Dizon et al disclose the computing device of claim 4, but do not expressly disclose further comprising program instructions stored on the at least one non-transitory computer-readable medium that are executable by the at least one processor such that the computing device is configured to: transmit, to the second playback device, a fourth message indicating instructions to, after the duration of the first audio content, revert the change to the playback volume of the second playback device for playing back the second audio content. However, in the same field of endeavor, Bates et al disclose a device further comprising program instructions stored on the at least one non-transitory computer-readable medium that are executable by the at least one processor such that the computing device is configured to (Bates et al; Para [0025]): transmit, to the second playback device, a fourth message indicating instructions to, after the duration of the first audio content, revert the change to the playback volume of the second playback device for playing back the second audio content (Bates et al; Para [0098]). It would have been obvious to one of the ordinary skills in the art before the effective filing date of the application to use the second audio playback taught by Bates as second audio content playback in the device taught by Piernot. The motivation to do so would have been to improve the audio experience (Bates et al; Para [0018]).
Regarding claim 6, Piernot et al in view of Bates et al and further in view of Yokota et al and further in view of Dizon et al disclose the computing device of claim 4, but do not expressly disclose wherein the instructions to change the playback volume of the second playback device comprise instructions to reduce the playback volume of the second playback device. However, in the same field of endeavor, Dizon et al disclose a device wherein the instructions to change the playback volume of the second playback device comprise instructions to reduce the playback volume of the second playback device (Dizon et al; Para [0112][0064]). It would have been obvious to one of the ordinary skills in the art before the effective filing date of the application to use the second audio playback taught by Bates as second audio content playback in the device taught by Piernot. The motivation to do so would have been revolutionizes the way people access and consume digital media (Dizon et al; Para [0004]).
Regarding claim 13, Piernot et al in view of Bates et al and further in view of Yokota et al disclose the non-transitory computer-readable medium of claim 10, but do not expressly disclose wherein the non-transitory computer-readable medium is also provisioned with program instructions that, when executed by at least one processor, cause the computing device to: transmit, to the second playback device, a third message indicating instructions to change a playback volume of the second playback device for playing back the second audio content while the first playback device is playing back the first audio content. However, in the same field of endeavor, Dizon et al disclose a method wherein the non-transitory computer-readable medium is also provisioned with program instructions that, when executed by at least one processor, cause the computing device to (Dizon et al; Para [0120]): transmit, to the second playback device, a third message indicating instructions to change a playback volume of the second playback device for playing back the second audio content while the first playback device is playing back the first audio content (Dizon et al; Para [0119]). It would have been obvious to one of the ordinary skills in the art before the effective filing date of the application to use the second audio playback taught by Bates as second audio content playback in the device taught by Piernot. The motivation to do so would have been revolutionizes the way people access and consume digital media (Dizon et al; Para [0004]).
Regarding claim 14, Piernot et al in view of Bates et al and further in view of Yokota et al and further in view of Dizon disclose the non-transitory computer-readable medium of claim 13, but do not expressly disclose wherein the non-transitory computer-readable medium is also provisioned with program instructions that, when executed by at least one processor, cause the computing device to: transmit, to the second playback device, a fourth message indicating instructions to, after the duration of the first audio content, revert the change to the playback volume of the second playback device for playing back the second audio content. However, in the same field of endeavor, Bates et al disclose a device wherein the non-transitory computer-readable medium is also provisioned with program instructions that, when executed by at least one processor, cause the computing device to (Bates et al; Para [0025]): transmit, to the second playback device, a fourth message indicating instructions to, after the duration of the first audio content, revert the change to the playback volume of the second playback device for playing back the second audio content (Bates et al; Para [0098]). It would have been obvious to one of the ordinary skills in the art before the effective filing date of the application to use the second audio playback taught by Bates as second audio content playback in the device taught by Piernot. The motivation to do so would have been to improve the audio experience (Bates et al; Para [0018]).
Regarding claim 15, Piernot et al in view of Bates et al and further in view of Yokota et al and further in view of Dizon et al disclose the non-transitory computer-readable medium of claim 13, but do not expressly disclose wherein the instructions to change the playback volume of the second playback device comprise instructions to reduce the playback volume of the second playback device. However, in the same field of endeavor, Dizon et al disclose a device wherein the instructions to change the playback volume of the second playback device comprise instructions to reduce the playback volume of the second playback device (Dizon et al; Para [0112][0064]). It would have been obvious to one of the ordinary skills in the art before the effective filing date of the application to use the second audio playback taught by Bates as second audio content playback in the device taught by Piernot. The motivation to do so would have been revolutionizes the way people access and consume digital media (Dizon et al; Para [0004]).
Regarding claim 20, Piernot et al in view of Bates et al and further in view of Yokota et al disclose the method of claim 18, but do not expressly disclose further comprising: transmitting, to the second playback device, a third message indicating instructions to change a playback volume of the second playback device for playing back the second audio content while the first playback device is playing back the first audio content. However, in the same field of endeavor, Dizon et al disclose a method further comprising: transmit, to the second playback device, a third message indicating instructions to change a playback volume of the second playback device for playing back the second audio content while the first playback device is playing back the first audio content (Dizon et al; Para [0119]). It would have been obvious to one of the ordinary skills in the art before the effective filing date of the application to use the second audio playback taught by Bates as second audio content playback in the device taught by Piernot. The motivation to do so would have been revolutionizes the way people access and consume digital media (Dizon et al; Para [0004]).
Conclusion
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/KUASSI A GANMAVO/Examiner, Art Unit 2692
/CAROLYN R EDWARDS/Supervisory Patent Examiner, Art Unit 2692