DETAILED ACTION
Claims 32-49 are pending and have been examined.
Claims 1-31 were canceled by preliminary amendment.
Claims 32-49 are new.
This application is a CON of 18/366,163, now US 12,143,456.
18/366,163 is a CON of 18/124,940, now US 11,876,873.
18/124,940 is a DIV of 17/981,438, now US 11,729,282.
17/981,438 is a CON of 17/735,243, now US 11,496,591.
17/735,243 is a CON of 14/726,109, now US 11,356,520.
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 32-49 are rejected on the ground of nonstatutory double patenting as being unpatentable over Claims 1-14 and 16-18 of U.S. Patent No. 12,143,456 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the patent’s claims anticipate the instant application’s claims according to the table below.
Instant Application US 12,143,456 B2
32. A system, comprising: a plurality of devices, wherein: each of the plurality of devices is wireless and battery-operated, and a first device of the plurality of devices is configured to: transmit an audio content request comprising an identifier of a room type, receive audio content, in response to the audio content request, from one or more of the plurality of devices according to the room type, and output the audio content.
1. A wireless device, comprising: a processor; memory, in communication with the processor, configured to store an identifier of a room type associated with the wireless device, wherein the wireless device is operational via battery power; a transmitter configured to transmit, to a wireless network comprising one or more additional wireless devices, an audio content request comprising the identifier of the room type, wherein the one or more additional wireless devices comprise one or more personal electronic devices; a receiver configured to receive audio content, in response to the audio content request, according to the room type; and a speaker configured to output the audio content.
33. The wireless device of claim 32, wherein the audio content is advertising audio content.
2. The wireless device of claim 1, wherein the audio content is advertising audio content.
34. The wireless device of claim 33, wherein the speaker is configured to output the advertising audio content during a commercial break in an audio stream.
3. The wireless device of claim 2, wherein the speaker is configured to output the advertising audio content during a commercial break in an audio stream.
35. The wireless device of claim 33, wherein: the room type is a kitchen, and the advertising audio content relates to food.
4. The wireless device of claim 2, wherein the room type is a kitchen, and wherein the advertising audio content relates to food.
36. The wireless device of claim 32, wherein the room type comprises one of a kitchen, a bedroom, a bathroom, a garage, an office, a family room and a laundry room.
5. The wireless device of claim 1, wherein the room type comprises one of a kitchen, a bedroom, a bathroom, a garage, an office, a family room and a laundry room.
37. The wireless device of claim 32, wherein the audio content is independent of user identity.
6. The wireless device of claim 1, wherein the audio content is independent of user identity.
38. A method, comprising: transmitting, from a wireless, battery-operated device, an audio content request comprising an identifier of a room type; receiving audio content, by the wireless, battery-operated device from one or more personal electronic devices, in response to the audio content request, according to the room type; and outputting the audio content.
7. A method, comprising: storing, in memory, an identifier of a room type associated with a wireless device, wherein the wireless device is operational via battery power; transmitting, from the wireless device to a wireless network comprising one or more additional wireless devices, an audio content request comprising the identifier of the room type, wherein the one or more additional wireless devices comprise one or more personal electronic devices; receiving audio content, in response to the audio content request, according to the room type; and outputting the audio content via a speaker.
39. The method of claim 38, wherein the audio content is advertising audio content.
8. The method of claim 7, wherein the audio content is advertising audio content.
40. The method of claim 39, wherein outputting the audio content comprises outputting the advertising audio content during a commercial break in an audio stream.
9. The method of claim 8, wherein outputting the audio content comprises outputting the advertising audio content during a commercial break in an audio stream.
41. The method of claim 39, wherein the room type is a kitchen, and wherein the advertising audio content relates to food.
10. The method of claim 8, wherein the room type is a kitchen, and wherein the advertising audio content relates to food.
42. The method of claim 38, wherein the room type comprises one of a kitchen, a bedroom, a bathroom, a garage, an office, a family room and a laundry room.
11. The method of claim 7, wherein the room type comprises one of a kitchen, a bedroom, a bathroom, a garage, an office, a family room and a laundry room.
43. The method of claim 38, wherein the audio content is independent of user identity.
12. The method of claim 7, wherein the audio content is independent of user identity.
44. A device, comprising: a battery-operated, wireless transmitter operable to communicate an audio content request comprising a room identifier; a receiver operable to receive audio content from one or more personal electronic devices, in response to the audio content request; and a speaker operably coupled to the receiver.
13. A wireless device, comprising: memory in communication with a processor, the memory configured to store: a room identifier, and instructions executable by the processor to cause the wireless device to: transmit, from the wireless device to a wireless network comprising one or more additional wireless devices, an audio content request comprising the room identifier, wherein the wireless device is operational via battery power, and wherein the one or more additional wireless devices comprise one or more personal electronic devices; receive audio content, in response to the audio content request, according to the room type; and output the audio content via a speaker.
45. The wireless device of claim 44, wherein the audio content is advertising audio content.
14. The wireless device of claim 13, wherein the audio content is advertising audio content.
46. The wireless device of claim 44, wherein the audio content is output by the speaker.
13. A wireless device, comprising: memory in communication with a processor, the memory configured to store: a room identifier, and instructions executable by the processor to cause the wireless device to: transmit, from the wireless device to a wireless network comprising one or more additional wireless devices, an audio content request comprising the room identifier, wherein the wireless device is operational via battery power, and wherein the one or more additional wireless devices comprise one or more personal electronic devices; receive audio content, in response to the audio content request, according to the room type; and output the audio content via a speaker.
47. The wireless device of claim 44, wherein the room type is a kitchen, and wherein the audio content relates to food.
16. The wireless device of claim 14, wherein the room type is a kitchen, and wherein the advertising audio content relates to food.
48. The wireless device of claim 44, wherein the room type comprises one of a kitchen, a bedroom, a bathroom, a garage, an office, a family room and a laundry room.
17. The wireless device of claim 13, wherein the room type comprises one of a kitchen, a bedroom, a bathroom, a garage, an office, a family room and a laundry room.
49. The wireless device of claim 44, wherein the audio content is independent of user identity.
18. The wireless device of claim 13, wherein the audio content is independent of user identity.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 32-49 are rejected under 35 U.S.C. 103 as being unpatentable over US 9,112,849 B1 (Werkelin Ahlin et al.), in view of US 2016/0110812 A1 (Mun), and further in view of US 2004/0226034 A1 (Kaczowka et al.).
As to Claim 32, Werkelin Ahlin et al. disclose a system, comprising:
a plurality of devices, wherein:
most the plurality of devices are wireless and battery-operated (Werkelin Ahlin et al. recite: “For example, the host can use a smart phone to request to share access to a speaker located within the dining room via an application on the smart phone that communicates with a media content server. Once the media content server receives the request, the media content server generates an authentication token for the media presentation system and sends the authentication token to the host's smart phone. After connecting to the hotspot, including receiving an authentication token from the host's smart phone or receiving the authentication token from the media content server, the host's guests are able to use the media presentation system. The guests are able to use their own electronic (e.g., mobile) devices to send media control requests (e.g., requests to stream music content) to the media presentation system (e.g., the media control requests are sent to the media content server and the media content server then sends a command corresponding to the media control request to the media presentation system). In this way, the host and his or her guests are able to collaborate on the presentation of content during the social gathering.” - 1:55 – 2:13), and a first device of the plurality of devices is configured to:
transmit an audio content request (Werkelin Ahlin et al. recite: “For example, the host can use a smart phone to request to share access to a speaker located within the dining room via an application on the smart phone that communicates with a media content server. Once the media content server receives the request, the media content server generates an authentication token for the media presentation system and sends the authentication token to the host's smart phone. After connecting to the hotspot, including receiving an authentication token from the host's smart phone or receiving the authentication token from the media content server, the host's guests are able to use the media presentation system. The guests are able to use their own electronic (e.g., mobile) devices to send media control requests (e.g., requests to stream music content) to the media presentation system (e.g., the media control requests are sent to the media content server and the media content server then sends a command corresponding to the media control request to the media presentation system). In this way, the host and his or her guests are able to collaborate on the presentation of content during the social gathering.” - 1:55 – 2:13),
receive audio content, in response to the audio content request, from one or more of the plurality of devices (Werkelin Ahlin et al. recite: “For example, the host can use a smart phone to request to share access to a speaker located within the dining room via an application on the smart phone that communicates with a media content server. Once the media content server receives the request, the media content server generates an authentication token for the media presentation system and sends the authentication token to the host's smart phone. After connecting to the hotspot, including receiving an authentication token from the host's smart phone or receiving the authentication token from the media content server, the host's guests are able to use the media presentation system. The guests are able to use their own electronic (e.g., mobile) devices to send media control requests (e.g., requests to stream music content) to the media presentation system (e.g., the media control requests are sent to the media content server and the media content server then sends a command corresponding to the media control request to the media presentation system). In this way, the host and his or her guests are able to collaborate on the presentation of content during the social gathering.” - 1:55 – 2:13. Werkelin Ahlin et al. also recite: “a media application 222 (e.g., an application associated with a media content provider, including a media player, a streaming media application, or any other appropriate application or component of an application) for browsing, receiving, processing, and presenting media content (e.g., media content streams, media content files, advertisements, web pages, videos, audio, games, etc.).” - 1:55 – 2:13), and
output the audio content (Werkelin Ahlin et al. recite: “For example, the host can use a smart phone to request to share access to a speaker located within the dining room via an application on the smart phone that communicates with a media content server. Once the media content server receives the request, the media content server generates an authentication token for the media presentation system and sends the authentication token to the host's smart phone. After connecting to the hotspot, including receiving an authentication token from the host's smart phone or receiving the authentication token from the media content server, the host's guests are able to use the media presentation system. The guests are able to use their own electronic (e.g., mobile) devices to send media control requests (e.g., requests to stream music content) to the media presentation system (e.g., the media control requests are sent to the media content server and the media content server then sends a command corresponding to the media control request to the media presentation system). In this way, the host and his or her guests are able to collaborate on the presentation of content during the social gathering.” - 1:55 – 2:13).
Werkelin Ahlin et al. disclose that most of the plurality of devices are wireless and battery-operated, and the use of the content server as cited above, but do not expressly disclose the content server being wireless and battery-operated. However, Mun discloses
the server is a laptop computer (Mun discloses a server as a laptop computer communicating via a WAN {wireless network} - ¶ [0072]. Examiner notes that laptop computers are rechargeable battery-operated).
It would have been obvious to one of ordinary skill in the art to combine the server is a laptop computer, taught by Mun, with the content server, taught by Werkelin Ahlin et al., in order to provide a mobile and local content server easily accessible by the content requesting person, such that the requesting person is able to bring their own storage device to the venue.
Werkelin Ahlin et al. combined with Mun do not expressly disclose transmiting an audio content request comprising an identifier of a room type; and {receiving requested content} according to the room type. However, Kaczowka et al. disclose
transmitting an audio content request comprising an identifier of a room type (Kaczowka et al. disclose the rendering of audio or audio-visual advertisement content - ¶¶ [0027, 0030]; and receipt of content from server 120 via network 110 – Fig. 1. Kaczowka et al. also disclose the Advertisement manager, part of the server selecting advertisement content to send to be rendered according to, inter alia, room type such as bedroom and living room - ¶ [0030]); and
receiving requested content according to the room type (Kaczowka et al. disclose the rendering of audio or audio-visual advertisement content - ¶¶ [0027, 0030]; and receipt of content from server 120 via network 110 – Fig. 1. Kaczowka et al. also disclose the Advertisement manager, part of the server selecting advertisement content to send to be rendered according to, inter alia, room type such as bedroom and living room - ¶ [0030]).
It would have been obvious to one of ordinary skill in the art to combine transmitting an audio content request comprising an identifier of a room type; and receiving requested content according to the room type, taught by Kaczowka et al., with a business host setting up media for their guests/customers, taught by the combination of Werkelin Ahlin et al. and Mun, in order to advertise their product or service (Werkelin Ahlin et al. - 7:49-55).
As to Claim 33, the combination of Werkelin Ahlin et al., Mun and Kaczowka et al. discloses the wireless device of claim 32,
wherein the audio content is advertising audio content (Kaczowka et al. recite: “An example application is an advertisement manager responsible for managing the storage of program information tagged as commercial content as received from that WAN, detecting the appropriate slots in program information being transmitted to decoder devices for playback, selecting an appropriate advertisement based on, for example, program information content, playback time, playback location (e.g., bedroom, living room) and/or the demographic profile of the user.” - ¶ [0030]).
The motivation and obviousness arguments are the same as in Claim 32.
As to Claim 34, the combination of Werkelin Ahlin et al., Mun and Kaczowka et al. discloses the wireless device of claim 33,
wherein the speaker is configured to output the advertising audio content during a commercial break in an audio stream (Kaczowka et al. recite: “An example application is an advertisement manager responsible for managing the storage of program information tagged as commercial content as received from that WAN, detecting the appropriate slots in program information being transmitted to decoder devices for playback, selecting an appropriate advertisement based on, for example, program information content, playback time, playback location (e.g., bedroom, living room) and/or the demographic profile of the user.” - ¶ [0030]).
The motivation and obviousness arguments are the same as in Claim 32.
As to Claim 35, the combination of Werkelin Ahlin et al., Mun and Kaczowka et al. discloses the wireless device of claim 33, wherein:
the room type is a kitchen, and the advertising audio content relates to food (Kaczowka et al. recite: “[A]n example application is an advertisement manager responsible for managing the storage of program information tagged as commercial content as received from that WAN, detecting the appropriate slots in program information being transmitted to decoder devices for playback, selecting an appropriate advertisement based on, for example, program information content, playback time, playback location - ¶ [0030]).
The motivation and obviousness arguments are the same as in Claim 32.
As to Claim 36, the combination of Werkelin Ahlin et al., Mun and Kaczowka et al. discloses the wireless device of claim 32,
wherein the room type comprises one of a kitchen, a bedroom, a bathroom, a garage, an office, a family room and a laundry room (Kaczowka et al. disclose the Advertisement manager, part of the server selecting advertisement content to send to be rendered according to, inter alia, room type such as bedroom and living room - ¶ [0030]).
The motivation and obviousness arguments are the same as in Claim 32.
As to Claim 37, the combination of Werkelin Ahlin et al., Mun and Kaczowka et al. discloses the wireless device of claim 32,
wherein the audio content is independent of user identity (Werkelin Ahlin et al. recite: “For example, the host can use a smart phone to request to share access to a speaker located within the dining room via an application on the smart phone that communicates with a media content server. Once the media content server receives the request, the media content server generates an authentication token for the media presentation system and sends the authentication token to the host's smart phone. After connecting to the hotspot, including receiving an authentication token from the host's smart phone or receiving the authentication token from the media content server, the host's guests are able to use the media presentation system. The guests are able to use their own electronic (e.g., mobile) devices to send media control requests (e.g., requests to stream music content) to the media presentation system (e.g., the media control requests are sent to the media content server and the media content server then sends a command corresponding to the media control request to the media presentation system). In this way, the host and his or her guests are able to collaborate on the presentation of content during the social gathering.” - 1:55 – 2:13).
As to Claim 38, Werkelin Ahlin et al. - disclose a method (Werkelin Ahlin et al. - Abstract), comprising:
transmitting, from a wireless, battery-operated device, an audio content request (Werkelin Ahlin et al. recite: “For example, the host can use a smart phone to request to share access to a speaker located within the dining room via an application on the smart phone that communicates with a media content server. Once the media content server receives the request, the media content server generates an authentication token for the media presentation system and sends the authentication token to the host's smart phone. After connecting to the hotspot, including receiving an authentication token from the host's smart phone or receiving the authentication token from the media content server, the host's guests are able to use the media presentation system. The guests are able to use their own electronic (e.g., mobile) devices to send media control requests (e.g., requests to stream music content) to the media presentation system (e.g., the media control requests are sent to the media content server and the media content server then sends a command corresponding to the media control request to the media presentation system). In this way, the host and his or her guests are able to collaborate on the presentation of content during the social gathering.” - 1:55 – 2:13);
receiving audio content, by the wireless, battery-operated device, in response to the audio content request (Werkelin Ahlin et al. recite: “For example, the host can use a smart phone to request to share access to a speaker located within the dining room via an application on the smart phone that communicates with a media content server. Once the media content server receives the request, the media content server generates an authentication token for the media presentation system and sends the authentication token to the host's smart phone. After connecting to the hotspot, including receiving an authentication token from the host's smart phone or receiving the authentication token from the media content server, the host's guests are able to use the media presentation system. The guests are able to use their own electronic (e.g., mobile) devices to send media control requests (e.g., requests to stream music content) to the media presentation system (e.g., the media control requests are sent to the media content server and the media content server then sends a command corresponding to the media control request to the media presentation system). In this way, the host and his or her guests are able to collaborate on the presentation of content during the social gathering.” - 1:55 – 2:13); and
outputting the audio content (Werkelin Ahlin et al. recite: “For example, the host can use a smart phone to request to share access to a speaker located within the dining room via an application on the smart phone that communicates with a media content server. Once the media content server receives the request, the media content server generates an authentication token for the media presentation system and sends the authentication token to the host's smart phone. After connecting to the hotspot, including receiving an authentication token from the host's smart phone or receiving the authentication token from the media content server, the host's guests are able to use the media presentation system. The guests are able to use their own electronic (e.g., mobile) devices to send media control requests (e.g., requests to stream music content) to the media presentation system (e.g., the media control requests are sent to the media content server and the media content server then sends a command corresponding to the media control request to the media presentation system). In this way, the host and his or her guests are able to collaborate on the presentation of content during the social gathering.” - 1:55 – 2:13).
Werkelin Ahlin et al. disclose that most of the plurality of devices are wireless and battery-operated, and the use of the content server as cited above, but do not expressly disclose the content server being wireless and battery-operated personal electronic device. However, Mun discloses
from one or more personal electronic (Mun discloses a server as a laptop computer communicating via a WAN {wireless network} - ¶ [0072]. Examiner notes that laptop computers are rechargeable battery-operated, and personal electronic devices).
The motivation and obviousness arguments are the same as in Claim 32.
Werkelin Ahlin et al. combined with Mun do not expressly disclose transmiting an audio content request comprising an identifier of a room type; and {receiving requested content} according to the room type. However, Kaczowka et al. disclose
transmitting an audio content request comprising an identifier of a room type (Kaczowka et al. disclose the rendering of audio or audio-visual advertisement content - ¶¶ [0027, 0030]; and receipt of content from server 120 via network 110 – Fig. 1. Kaczowka et al. also disclose the Advertisement manager, part of the server selecting advertisement content to send to be rendered according to, inter alia, room type such as bedroom and living room - ¶ [0030]); and
receiving requested content according to the room type (Kaczowka et al. disclose the rendering of audio or audio-visual advertisement content - ¶¶ [0027, 0030]; and receipt of content from server 120 via network 110 – Fig. 1. Kaczowka et al. also disclose the Advertisement manager, part of the server selecting advertisement content to send to be rendered according to, inter alia, room type such as bedroom and living room - ¶ [0030]).
The motivation and obviousness arguments are the same as in Claim 32.
As to Claim 39, the combination of Werkelin Ahlin et al., Mun and Kaczowka et al. discloses the method of claim 38,
wherein the audio content is advertising audio content (Kaczowka et al. recite: “An example application is an advertisement manager responsible for managing the storage of program information tagged as commercial content as received from that WAN, detecting the appropriate slots in program information being transmitted to decoder devices for playback, selecting an appropriate advertisement based on, for example, program information content, playback time, playback location (e.g., bedroom, living room) and/or the demographic profile of the user.” - ¶ [0030]).
The motivation and obviousness arguments are the same as in Claim 32.
As to Claim 40, the combination of Werkelin Ahlin et al., Mun and Kaczowka et al. discloses the method of claim 39,
wherein outputting the audio content comprises outputting the advertising audio content during a commercial break in an audio stream (Kaczowka et al. recite: “An example application is an advertisement manager responsible for managing the storage of program information tagged as commercial content as received from that WAN, detecting the appropriate slots in program information being transmitted to decoder devices for playback, selecting an appropriate advertisement based on, for example, program information content, playback time, playback location (e.g., bedroom, living room) and/or the demographic profile of the user.” - ¶ [0030]).
The motivation and obviousness arguments are the same as in Claim 32.
As to Claim 41, the combination of Werkelin Ahlin et al., Mun and Kaczowka et al. discloses the method of claim 39,
wherein the room type is a kitchen, and wherein the advertising audio content relates to food (Kaczowka et al. recite: “[A]n example application is an advertisement manager responsible for managing the storage of program information tagged as commercial content as received from that WAN, detecting the appropriate slots in program information being transmitted to decoder devices for playback, selecting an appropriate advertisement based on, for example, program information content, playback time, playback location - ¶ [0030]).
The motivation and obviousness arguments are the same as in Claim 32.
As to Claim 42, the combination of Werkelin Ahlin et al., Mun and Kaczowka et al. discloses the method of claim 38,
wherein the room type comprises one of a kitchen, a bedroom, a bathroom, a garage, an office, a family room and a laundry room (Kaczowka et al. disclose the Advertisement manager, part of the server selecting advertisement content to send to be rendered according to, inter alia, room type such as bedroom and living room - ¶ [0030]).
The motivation and obviousness arguments are the same as in Claim 32.
As to Claim 43, the combination of Werkelin Ahlin et al., Mun and Kaczowka et al. discloses the method of claim 38,
wherein the audio content is independent of user identity (Werkelin Ahlin et al. recite: “For example, the host can use a smart phone to request to share access to a speaker located within the dining room via an application on the smart phone that communicates with a media content server. Once the media content server receives the request, the media content server generates an authentication token for the media presentation system and sends the authentication token to the host's smart phone. After connecting to the hotspot, including receiving an authentication token from the host's smart phone or receiving the authentication token from the media content server, the host's guests are able to use the media presentation system. The guests are able to use their own electronic (e.g., mobile) devices to send media control requests (e.g., requests to stream music content) to the media presentation system (e.g., the media control requests are sent to the media content server and the media content server then sends a command corresponding to the media control request to the media presentation system). In this way, the host and his or her guests are able to collaborate on the presentation of content during the social gathering.” - 1:55 – 2:13).
As to Claim 44, Werkelin Ahlin et al. disclose a device, comprising:
a battery-operated, wireless transmitter operable to communicate an audio content request (Werkelin Ahlin et al. recite: “For example, the host can use a smart phone to request to share access to a speaker located within the dining room via an application on the smart phone that communicates with a media content server. Once the media content server receives the request, the media content server generates an authentication token for the media presentation system and sends the authentication token to the host's smart phone. After connecting to the hotspot, including receiving an authentication token from the host's smart phone or receiving the authentication token from the media content server, the host's guests are able to use the media presentation system. The guests are able to use their own electronic (e.g., mobile) devices to send media control requests (e.g., requests to stream music content) to the media presentation system (e.g., the media control requests are sent to the media content server and the media content server then sends a command corresponding to the media control request to the media presentation system). In this way, the host and his or her guests are able to collaborate on the presentation of content during the social gathering.” - 1:55 – 2:13);
a receiver operable to receive audio content, in response to the audio content request (Werkelin Ahlin et al. recite: “For example, the host can use a smart phone to request to share access to a speaker located within the dining room via an application on the smart phone that communicates with a media content server. Once the media content server receives the request, the media content server generates an authentication token for the media presentation system and sends the authentication token to the host's smart phone. After connecting to the hotspot, including receiving an authentication token from the host's smart phone or receiving the authentication token from the media content server, the host's guests are able to use the media presentation system. The guests are able to use their own electronic (e.g., mobile) devices to send media control requests (e.g., requests to stream music content) to the media presentation system (e.g., the media control requests are sent to the media content server and the media content server then sends a command corresponding to the media control request to the media presentation system). In this way, the host and his or her guests are able to collaborate on the presentation of content during the social gathering.” - 1:55 – 2:13); and
a speaker operably coupled to the receiver (Werkelin Ahlin et al. recite: “For example, the host can use a smart phone to request to share access to a speaker located within the dining room via an application on the smart phone that communicates with a media content server. Once the media content server receives the request, the media content server generates an authentication token for the media presentation system and sends the authentication token to the host's smart phone. After connecting to the hotspot, including receiving an authentication token from the host's smart phone or receiving the authentication token from the media content server, the host's guests are able to use the media presentation system. The guests are able to use their own electronic (e.g., mobile) devices to send media control requests (e.g., requests to stream music content) to the media presentation system (e.g., the media control requests are sent to the media content server and the media content server then sends a command corresponding to the media control request to the media presentation system). In this way, the host and his or her guests are able to collaborate on the presentation of content during the social gathering.” - 1:55 – 2:13).
Werkelin Ahlin et al. disclose that most of the plurality of devices are wireless and battery-operated, and the use of the content server as cited above, but do not expressly disclose the content server being wireless and battery-operated personal electronic device. However, Mun discloses
from one or more personal electronic (Mun discloses a server as a laptop computer communicating via a WAN {wireless network} - ¶ [0072]. Examiner notes that laptop computers are rechargeable battery-operated, and personal electronic devices).
The motivation and obviousness arguments are the same as in Claim 32.
Werkelin Ahlin et al. combined with Mun do not expressly disclose transmiting an audio content request comprising an identifier of a room type; and {receiving requested content} according to the room type. However, Kaczowka et al. disclose
transmitting an audio content request comprising an identifier of a room type (Kaczowka et al. disclose the rendering of audio or audio-visual advertisement content - ¶¶ [0027, 0030]; and receipt of content from server 120 via network 110 – Fig. 1. Kaczowka et al. also disclose the Advertisement manager, part of the server selecting advertisement content to send to be rendered according to, inter alia, room type such as bedroom and living room - ¶ [0030]); and
receiving requested content according to the room type (Kaczowka et al. disclose the rendering of audio or audio-visual advertisement content - ¶¶ [0027, 0030]; and receipt of content from server 120 via network 110 – Fig. 1. Kaczowka et al. also disclose the Advertisement manager, part of the server selecting advertisement content to send to be rendered according to, inter alia, room type such as bedroom and living room - ¶ [0030]).
The motivation and obviousness arguments are the same as in Claim 32.
As to Claim 45, the combination of Werkelin Ahlin et al., Mun and Kaczowka et al. discloses the wireless device of claim 44,
wherein the audio content is advertising audio content (Kaczowka et al. recite: “An example application is an advertisement manager responsible for managing the storage of program information tagged as commercial content as received from that WAN, detecting the appropriate slots in program information being transmitted to decoder devices for playback, selecting an appropriate advertisement based on, for example, program information content, playback time, playback location (e.g., bedroom, living room) and/or the demographic profile of the user.” - ¶ [0030]).
The motivation and obviousness arguments are the same as in Claim 32.
As to Claim 46, the combination of Werkelin Ahlin et al., Mun and Kaczowka et al. discloses the wireless device of claim 44,
wherein the audio content is output by the speaker (Werkelin Ahlin et al. recite: “For example, the host can use a smart phone to request to share access to a speaker located within the dining room via an application on the smart phone that communicates with a media content server. Once the media content server receives the request, the media content server generates an authentication token for the media presentation system and sends the authentication token to the host's smart phone. After connecting to the hotspot, including receiving an authentication token from the host's smart phone or receiving the authentication token from the media content server, the host's guests are able to use the media presentation system. The guests are able to use their own electronic (e.g., mobile) devices to send media control requests (e.g., requests to stream music content) to the media presentation system (e.g., the media control requests are sent to the media content server and the media content server then sends a command corresponding to the media control request to the media presentation system). In this way, the host and his or her guests are able to collaborate on the presentation of content during the social gathering.” - 1:55 – 2:13).
As to Claim 47, the combination of Werkelin Ahlin et al., Mun and Kaczowka et al. discloses the wireless device of claim 44,
wherein the room type is a kitchen, and wherein the audio content relates to food (Kaczowka et al. recite: “[A]n example application is an advertisement manager responsible for managing the storage of program information tagged as commercial content as received from that WAN, detecting the appropriate slots in program information being transmitted to decoder devices for playback, selecting an appropriate advertisement based on, for example, program information content, playback time, playback location - ¶ [0030]).
The motivation and obviousness arguments are the same as in Claim 32.
As to Claim 48, the combination of Werkelin Ahlin et al., Mun and Kaczowka et al. discloses the wireless device of claim 44,
wherein the room type comprises one of a kitchen, a bedroom, a bathroom, a garage, an office, a family room and a laundry room (Kaczowka et al. disclose the Advertisement manager, part of the server selecting advertisement content to send to be rendered according to, inter alia, room type such as bedroom and living room - ¶ [0030]).
The motivation and obviousness arguments are the same as in Claim 32.
As to Claim 49, the combination of Werkelin Ahlin et al., Mun and Kaczowka et al. discloses the wireless device of claim 44,
wherein the audio content is independent of user identity (Werkelin Ahlin et al. recite: “For example, the host can use a smart phone to request to share access to a speaker located within the dining room via an application on the smart phone that communicates with a media content server. Once the media content server receives the request, the media content server generates an authentication token for the media presentation system and sends the authentication token to the host's smart phone. After connecting to the hotspot, including receiving an authentication token from the host's smart phone or receiving the authentication token from the media content server, the host's guests are able to use the media presentation system. The guests are able to use their own electronic (e.g., mobile) devices to send media control requests (e.g., requests to stream music content) to the media presentation system (e.g., the media control requests are sent to the media content server and the media content server then sends a command corresponding to the media control request to the media presentation system). In this way, the host and his or her guests are able to collaborate on the presentation of content during the social gathering.” - 1:55 – 2:13).
Interview Practice
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Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See Form PTO-892.
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/RICHARD G KEEHN/Primary Examiner, Art Unit 2444