DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 21-29, 31-34 and 39 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Scalise et al. (US 9,916,839) herein Scalise.
Regarding claim 21, Scalise discloses a system (system of audio enabled devices 102, Figs. 1-17), the system comprising: a media controller configured to communicate digital audio data with a plurality of speakers (audio enabled device 102(1) is a media controller configured to communicate digital audio data with a plurality of speakers 102(2), Figs. 1-8, col. 5 line 58 – col. 6 line 30), wherein the digital audio data is modifiable according to a location of each of the plurality of speakers (digital audio data is modifiable according to a location of each of the speakers 102(2), Figs. 12, 13, col. 15 lines 1-10, col. 17 line 27- col. 18 line 61, col. 19 lines 41-64).
Regarding claim 22, Scalise discloses wherein the digital audio data is delayed according to a location of a listener (audio output is delayed in order to adjust for a listener perceiving asynchronous playback, col. 9 line 62 – col. 10 line 8).
Regarding claim 23, Scalise discloses wherein the media controller is configured to modify the digital audio data (media controller 102(1) is configured/modifies playback (digital audio data) according to a particular voice command, Figs. 2-5, 7, 14-17, col. 8 lines 28-53, col. 9 lines 23-35, col. 10 lines 18-50).
Regarding claim 24, Scalise discloses wherein the media controller is configured to determine, according to a voice command, when the digital audio data is to be modified (media controller 102(1) is configured/modifies playback according to a particular voice command, Figs. 2-5, 7, 14-17, col. 8 lines 28-53, col. 9 lines 23-35, col. 10 lines 18-50).
Regarding claim 25, Scalise discloses wherein an audio signal is output by a speaker according to the digital audio data (audio signal outputted by speaker according to digital audio data, col. 9 lines 23-35).
Regarding claim 26, Scalise discloses wherein the media controller is configured according to a user input (media controller 102(1) is configured/modifies playback according to a particular voice command, Figs. 2-5, 7, 14-17, col. 8 lines 28-53, col. 9 lines 23-35, col. 10 lines 18-50).
Regarding claim 27, Scalise discloses wherein the media controller is configured according to a sensor of a speaker (it is explicitly implied that there is a sensor for picking up voice commands, and media controller 102(1) is configured/modifies playback according to a particular voice command, Figs. 2-5, 7, 14-17, col. 8 lines 28-53, col. 9 lines 23-35, col. 10 lines 18-50).
Regarding claim 28, Scalise discloses wherein the media controller is configured according to a particular voice command (media controller 102(1) is configured/modifies playback according to a particular voice command, Figs. 2-5, 7, 14-17, col. 8 lines 28-53, col. 9 lines 23-35, col. 10 lines 18-50).
Regarding claim 29, Scalise discloses wherein the media controller is configured to wirelessly communicate with the plurality of speakers (media controller 102(1) wirelessly communicates with the plurality of speakers 102(2), col. 8 lines 8-27).
Regarding claim 31, Scalise discloses a method (method of audio enabled devices 102, Figs. 1-17), the method comprising: via a media controller: communicating digital audio data with a plurality of speakers (audio enabled device 102(1) is a media controller configured to communicate digital audio data with a plurality of speakers 102(2), Figs. 1-8, col. 5 line 58 – col. 6 line 30), and modifying the digital audio data according to a location of each of the plurality of speakers (digital audio data is modified according to a location of each of the speakers 102(2), Figs. 12, 13, col. 15 lines 1-10, col. 17 line 27- col. 18 line 61, col. 19 lines 41-64).
Regarding claim 32, Scalise discloses wherein the method comprises delaying the digital audio data according to a location of a listener (audio output is delayed in order to adjust for a listener perceiving asynchronous playback, col. 9 line 62 – col. 10 line 8).
Regarding claim 33, Scalise discloses wherein a speaker is operable to modify the digital audio data as received (audio enabled device 102(2) which can be speakers are capable of allowing users to manipulate said audio device and corresponding output, col. 6 line 10-40).
Regarding claim 34, Scalise discloses wherein the method comprises determining, according to a voice command, when the digital audio data is to be modified (media controller 102(1) is configured/modifies playback according to a determined particular voice command, Figs. 2-5, 7, 14-17, col. 8 lines 28-53, col. 9 lines 23-35, col. 10 lines 18-50).
Regarding claim 39, Scalise discloses wherein the method comprises wirelessly communicating between speakers of the plurality of speakers (media controller 102(1) wirelessly communicates with the plurality of speakers 102(2), col. 8 lines 8-27).
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) 35-38 are rejected under 35 U.S.C. 103 as being unpatentable over Scalise et al. (US 9,916,839) herein Scalise.
Regarding claim 35, while Scalise does not specifically teach wherein the method comprises stopping an first audio signal output by a speaker according to a triggering event, it is well known in the art to stop or pause audio playback in reaction to a triggering event or a voice command input. Therefore, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the claimed invention to modify the method of Scalise to stop a first audio signal output by a speaker according to a triggering event in order to more clearly register user input such as a voice command. The Examiner takes Official Notice.
Regarding claim 36, Scalise discloses wherein the triggering event comprises a user input (media controller 102(1) is configured/modifies playback according to a particular voice command, Figs. 2-5, 7, 14-17, col. 8 lines 28-53, col. 9 lines 23-35, col. 10 lines 18-50).
Regarding claim 37, Scalise discloses wherein the triggering event comprises a user input at a sensor of a speaker (it is explicitly implied that there is a sensor for picking up voice commands, and media controller 102(1) is configured/modifies playback according to a particular voice command, Figs. 2-5, 7, 14-17, col. 8 lines 28-53, col. 9 lines 23-35, col. 10 lines 18-50).
Regarding claim 38, Scalise discloses wherein the triggering event comprises a particular voice command (media controller 102(1) is configured/modifies playback according to a particular voice command, Figs. 2-5, 7, 14-17, col. 8 lines 28-53, col. 9 lines 23-35, col. 10 lines 18-50).
Allowable Subject Matter
Claims 30 and 40 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SEAN H NGUYEN whose telephone number is (571)270-5728. The examiner can normally be reached M-F 10-6 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Duc Nguyen can be reached at (571)272-7503. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SEAN H NGUYEN/Primary Examiner, Art Unit 2691
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