DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. 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
2. Applicant’s arguments with respect to claim(s) 1-20 have been considered but are moot in view of a new ground(s) of rejection discussed below.
With respect to the last office action, Applicant amends claims discusses the claims limitations and the prior arts of record (PAR) and further argues that the PARs do not meet the amended claims limitations (See Applicant’s Remarks).
In response, Examiner notes Applicant’s arguments/amendments, however the PARs still meet the amended claims limitations for these reasons: ZIV further discloses that the media playback position parameters refer to current content and beginning of the program and/or end of the program and/or any other time-fixed location of the program or session on demand playlist and a position in the playlist (see [0073-0082]) which meets the amended claims limitations as discussed below. This office action is made FINAL.
Claim Rejections - 35 USC § 103
3. In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, 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.
4. Claim(s) 1-5, 7-10, 12-17, 19 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over ZIV (2007/0234048) in view of DEMPSEY (8,140,258).
As to claims 1-5, ZIV discloses session handover between terminals and further discloses a method for retrieving play context, comprising the steps of:
storing a mapping between a play context code and a play context associated with a first media playback device ([0017-0030], [0038-0044] and [0075-0082]), maintains session parameters: a media presentation parameter; sound-waves and metadata, indicative of audio signal: tuning parameters (electromagnetic frequency or URL), a media playback position parameter, a media presentation parameter; “play context code”, etc., further maintained at the remote terminals;
Causing (figs.1-3A, User Terminal “UT” 110), the first media playback device to broadcast one or more signals comprising (i) an ultrasound code in at least one ultrasound frequency, the ultrasound code corresponding with the play context code and (i1) media content in an audible frequency range thereby concurrently broadcasting to a second media playback device the ultrasound code in the ultrasound frequency and the media content in the audible frequency range, where the ultrasound code indicates a media play state of the first media playback device and where the playback context comprises a media state of the first media playback device ([0017-0019], [0021-0026], [0064-0068] and [0070-0082]), short-range wireless communication (Bluetooth, infrared and UItrasound) link is communicated between UT-110 and User Terminal “UT” 120 (UT-120), established using the metadata: the session parameter: telephone session parameter, a media playback position parameter, a media presentation parameter; generates sound-waves (Bluetooth, infrared and UItrasound), indicative of audio signal: tuning parameters (frequency or URL), telephone session parameter, a media playback position parameter, a media presentation parameter
Receiving (Server 160), over a network from a second media playback device operating independently of the first media playback device and based on the play context code received from the second media playback device and based on the stored mapping, transmitting, over the network to the second media playback device, the play context associated with the first media playback device; ([0017-0019] and [0064-0068]), Server 160 broadcasts or streams media content, rights protected digital content items: audio, video, movie, etc., over Internet, Cellular network, etc., with media presentation data, usage rights, etc. “metadata”; generates a communication session: session-indicative communication or session handover using stored session keys and rights are transferred to UTs and appropriate server(s)(store metadata that maps particular session with other ultrasound samples) ; voice communication session, video communication session, text communication session, etc., using short-range wireless communication (Bluetooth, infrared and UItrasound) link between UT-110 and User Terminal “UT” 120 (UT-120) is established using the stored metadata: the session parameter: telephone session parameter, a media playback position parameter, a media presentation parameter; sound-waves and metadata, indicative of audio signal: tuning parameters (frequency or URL), a media playback position parameter, a media presentation parameter; “play context code” wherein broadcasting the one or more signals comprises broadcasting a mixed signal comprising (1) the ultrasound code in the at least one ultrasound frequency and (ii) the media content in the audible frequency range and wherein broadcasting the one or more signals comprises concurrently broadcasting (1) a first signal comprising the ultrasound code in the at least one ultrasound frequency and (ii) a second signal comprising the media content in the audible frequency range ([0017-0019], [0021-0026], [0064-0068] and [0070-0082]), during session-indicative communication or session handover, using short-range wireless communication link between UT-110 and UT-120 is established using the metadata: the session parameter: telephone session parameter, audio session parameter, a media playback position parameter, a media presentation parameter; “play context code” session particulars as well as session keys and usage rights (regenerating at server(s)) are transferred to UT-120, to provide session-based on-demand remote services using decryption key (regenerating at server or UT); services include on-demand audio or video services, PPV, PPU, etc.; the remote devices operates independently from each other, maintains a wireless channel, maintains a session communication channel, receives broadcast signals and further discloses that the short range transmitting is carried out via a local channel that is different from the remote channel of the remote session maintained by the first user;
wherein the play context comprises at least one item selected from the group consisting of (i) a playlist currently being played by the first media playback device and (ii) a position in the playlist currently being played by the first media playback device ([0073-0082]), ZIV further discloses where the media playback position parameter refers to current content and beginning of the program and/or end of the program and/or any other time-fixed location of the program or session on demand playlist and a position in the playlist
ZIV discloses communicating signals using analog or digital: Bluetooth, infrared and ultrasound communication in specific frequency ranges in a session based on-demand services ([0021-0022], [0025-0031] and [0071-0073]) and generates sound-waves indicative of audio signal using ultrasound or other generates audio signals, tuning parameters (frequency or URL), presentation parameters, etc. and where the broadcasted mixed signal is formed with the ultrasound code in an ultrasound frequency “Ultrasound parameter and audio signals in a specific waveforms” and media content in a frequency ([0078-0082]), BUT appears silent as to where the broadcasted mixed signal includes media content an audible frequency range and concurrently broadcasting to a second media playback device the ultrasound code in the ultrasound frequency and the media content in the audible frequency range
However, in the same field of endeavor, DEMPSEY discloses wayfinding system and broadcasting ultrasound code in a specific ultrasound frequency range based on metadata payload and media in and audible frequency range (figs.1-12, Col.4, lines 37-63, Col.5, line 55-Col.6, line 10, Col.8, line 64-Col.10, line 54 and Col.13, line 4-Col.14, line 61), an ultrasound code includes plurality of bursts or specific bit message(s) is/are encoded with the specific ultrasound code broadcast to specific device(s), decoded and communicated to other device(s) based on the signals within the frequency range that includes audible frequency range
Hence it would have been obvious before the effective filing date of the claimed invention to one of ordinary skill in the art to incorporate the teaching of DEMPSEY into the system of ZIV to predefined a range of frequency with the ultrasound frequency range to broadcast ultrasound code with metadata payload and media content in an audible frequency range that can be process by human to enable generating specific response based on the received data and communicating appropriate response over the network using the predefined frequency range(s)
As to claims 7-10 and 12, ZIV further discloses wherein the play context comprises a current position in a playlist being played out by the first media playback device; wherein the play context comprises a playlist; wherein the play context comprises an identification of media content being played by the first media playback device; causing a media content server to provide supplemental media content based on the play context code; synchronizing media playback at the second media playback device with media playback at the first media playback device and wherein the play context comprises at least one item selected from the group consisting of a content-based list and a context-based list ([0022-0026], [0064-0068] and [0071-0082]), note remarks in claim 1, the session parameters for playback, playback position parameter, presentation parameter, etc., of the streaming media content; particulars of the program, on-demand service information, generating time indicators associated with the stream, content library, etc., are transfer to the UT-120, content presented visually and/or generating sound-waves including various alerts or onscreen content.
As to claim 13-17, the claimed “A system for supplying context to a media playback…” is composed of the same structural elements that were discussed with respect to claims 1-5.
Claim 19 are met as previously discussed in claims 7-10 and 12.
As to claim 20, the claimed “A non-transitory computer-readable medium having stored thereon one or more sequences of instructions for causing one or more processors to perform…” is composed of the same structural elements that were discussed with respect to claims 1-5.
5. Claims 6 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over ZIV (2007/0234048) in view of DEMPSEY (8,140,258) and in view of JIANG WENTAO et al (Ultrasonic Wireless Communication in Air using OFDM-OOK Modulations, 2014 IEEE INTERNATIONAL ULTRASONICS SYMPOSIUM, IEEE, 3 September 2014 (2014-09-03), pages 1025-1028, XP032667156, DOI: 10.1109/ULTSYM.2014.0251 [retrieved on 2014-10-21].
As to claims 6 and 18, ZIV as modified by DEMPSEY disclose all the claim limitations as discussed above with respect to claims 1 and 13 above, generating by the UT-120 a playback context code based on a first metadata payload associated with the media content that generates a session handover to UT-120 or other device, mapping by the UT-110 each bit of the playback code to an ultrasound frequency (see ZIV-[0017-0019], [0022-0026], [0064-0068] and [0071-0082]), note conversation, audio, video, text, etc., specific media type; BUT appear silent as to where the play context code is a binary number; and mapping, by the first media playback device each bit of the play context code to an ultrasound frequency.
However, in the same field of endeavor, JIANG discloses Ultrasonic Wireless Communication in Air using OFDM-OOK Modulations and where the play context code is a binary number; and mapping, by the first media playback device each bit of the play context code to an ultrasound frequency (figs.1-2 and pages 1025-1028, XP032667156, DOI: 10.1109/ULTSYM.2014.0251), uses OFDM-OOK Modulations scheme
Hence it would have been obvious before the effective filing date of the claimed invention to one of ordinary skill in the art to incorporate the teaching of JIANG into the system of ZIV as modified by DEMPSEY to efficiently process or modulate a desired playback context code based on one or more ultrasonic frequency.
6. Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over ZIV (2007/0234048) in view of DEMPSEY (8,140,258) and further in view of FRANK (2020/0105128).
As to claim 11, ZIV and DEMPSEY discloses all the claim limitations as discussed above with respect to claim 1; and further discloses allowing the user to was the same stream on another devices ([0071] see ZIV), BUT appears silent as to synchronizing media playback at the second media playback device with media playback at the first media playback device.
However, in the same field of endeavor, FRANK discloses methods and devices for transmitting data using sound signals and further discloses synchronizing media playback at the second media playback device with media playback at the first media playback device (figs.1-10, [0002], [0045-0049], [0056-0057], [0063] and [0111-0120]).
Hence it would have been obvious before the effective filing date of the claimed invention to one of ordinary skill in the art to incorporate the teaching of FRANK into the system of ZIV as modified by DEMPSEY to allow the user to listen or view the same content at the same time at different locations as desired.
Double Patenting
7. 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 claims at issue 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); and 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 a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form 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 http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
8. Claims 1-20 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-27 of U.S. Patent 12,167,095. Although the conflicting claims are not identical, they are not patentably distinct from each other because:
The current application (18/637,788) equates to…U.S. Pat. (12,167,095).
As to claim 1, the claimed “A method…” equates to “A method for retrieving …” of Pat ‘095 (col.23, line 37-col.24, line 3);
The claimed “storing…causing…receiving…and based on the play context code…” equates to “creating … causing…receiving…and based on the play context code…” of Pat ‘095 (col.23, line 37-col.24, line 3);
Claims 2-12 equates to claims 2-11 of Pat ‘373 (col.24, lines 4-47).
As to claim 13, the claimed “A system…” is composed of the same structural elements as discussed with respect to claim 1.
Claims 14-19 are met as previously discussed in claims 2-9.
As to claim 20, the claimed “A non-transitory…” is composed of the same structural elements as discussed with respect to claim 1.
Although the conflicting claims are not identical, they are not patentably distinct from each other; i.e., the current claims are broader in scope than the parent allowed claims. Allowance of claims 1-20 of the instant application would result in an unjustified timewise extension of the monopoly defined by patent claim Y.
Conclusion
9. Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
10. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANNAN Q SHANG whose telephone number is (571)272-7355. The examiner can normally be reached on Monday-Friday 7-4.
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/ANNAN Q SHANG/ Primary Examiner, Art Unit 2424
ANNAN Q. SHANG
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