DETAILED ACTION
Claims 32-49 are pending and have been examined.
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.
Applicant’s prior-art arguments are respectfully found to be unpersuasive. Accordingly, this Office action is made FINAL.
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 .
Response to Arguments
Applicant’s filing and approval of terminal disclaimer, filed 4/1/2026, with respect to the Double-Patenting rejection of Claims 32-49 has been fully considered and is persuasive. The Double-Patenting rejection of Claims 32-49 has been withdrawn.
Applicant’s arguments, see page 5, filed 4/1/2026, with respect to the rejection of Claims 32-49 under 35 U.S.C. 103 have been fully considered but are not persuasive. The rejection of Claims 32-49 under 35 U.S.C. 103 has been maintained.
Applicant argues “Note that such amendments are in no way to be construed as the Applicant agreeing with any rejections not specifically discussed below. The Applicant respectfully traverses the above rejections at least for the reasons previously set forth during prosecution and at least based on the following remarks. Examination and reconsideration of the claims in view of the following remarks are respectfully requested.” {emphasis by Examiner}
With respect to the “reasons previously set forth during prosecution”, the prior arguments when original Claims 1-31 were canceled, replaced by Claims 32-49 on 10/3/2024 merely state that no new matter was added. At this time, the non-final Office action had not been drafted, and no prior art was presented to the applicant. Therefore, no arguments with respect to the 35 U.S.C. 103 rejection cold have been made.
With respect “at least based on the following remarks”, Applicant argues “Claims 32-49 are rejected under 35 U.S.C. 103 as being allegedly unpatentable over Werkelin Ahlin (US 9,112,849) in view of Mun (US 2016/0110812), and further in view of Kaczowka (US 2004/0226034). The Applicant respectfully traverses this rejection. For at least the aforementioned reasons, claims 32-49 are allowable. {emphasis by Examiner}. However, there are no arguments against the cited prior art given in Applicant’s response received 4/1/202; and the claims in the image file wrapper (IFW) received 4/1/2026 have no amendments. (See attached screenshot) Therefore, no arguments with respect to the 35 U.S.C. 103 rejection were made. As a result, the 35 U.S.C. 103 rejection is maintained for the reasons expressed in the non-final Office action mailed 1/30/2026.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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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Examiner Notes:
A) Prior to conducting any interview (whether using AIR or not), Applicant(s) must submit an agenda including the proposed date and time, all arguments in writing, and proposed claim amendments (if applicable). Any proposed amendments or arguments not presented in the agenda will only be heard by the Examiner, but because the Examiner will not have heard them in advance and been given an equitable opportunity to consider them, no decision will be rendered, nor agreement made. ALL AGENDAS MUST BE RECEIVED BY THE EXAMINER AT LEAST 24 HOURS PRIOR TO THE START OF THE INTERVIEW, OR THE PREVIOUS BUSINESS DAY, WHICHEVER IS LONGER, or the interview may have to be rescheduled.
B) After-final interviews may be granted, but the agenda must be in compliance with MPEP 713.09 which limits the interview only to discussions of proposed amendments, or clarification for appeal. After-final interviews are not to be conducted for the purpose of rehashing previously made arguments. After seeing the agenda, Examiner will decide whether to grant or deny the interview.
Conclusion
THIS ACTION IS MADE FINAL. 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 RICHARD G KEEHN whose telephone number is (571)270-5007. The examiner can normally be reached M-F 9:00am - 5:00pm Eastern.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, John A Follansbee can be reached at 571-272-3964. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/RICHARD G KEEHN/Primary Examiner, Art Unit 2444
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