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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 11 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 11 also recite “sending, by the network node, a command to redirect the audio stream to be directed to and follow the different direction”. It is not clear where the audio stream is getting directed to and following the different direction.
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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-3, 5-6, 15, 17, 19-20 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by U.S. Patent Application Publication No. 20200382647 to Krochmal et al. (“Krochmal”).
As to claims 1 and 15, Krochmal discloses a non-transitory machine-readable medium, comprising executable instructions that, when executed by a processing system including a processor, facilitate performance of operations, the operations comprising:
registering one or more audio devices based on a location of a mobile device [paragraphs 0031: “receiving an identifier of the smart device”, also see paragraph 0046], wherein the one or more audio devices are communicatively connected with the mobile device [paragraph 0031 “speaker device is located and receiving a broadcast or direct message from the smart speaker device” implies audio devices are communicatively connected with mobile device, also see paragraph 0043] and the mobile device is registered in association with a user [paragraph 0097: “user’s mobile telephone…”, also see paragraph 0046];
receiving a request for an audio stream from the mobile device [paragraphs 0022, 0031, 0045];
selecting, among the registered audio devices, an audio device that is proximate to the location of the mobile device at the time of receiving the request for the audio stream [paragraphs 0031, 0045, 0058];
tracking and updating the location of the mobile device; as the location of the mobile device is updated, updating the selection of the audio device [paragraphs 0064-67]; and
when the selection of the audio device is updated, performing a sequence of continuous handoffs of the audio stream to an updated audio device such that the audio stream follows the updated location of the mobile device [paragraphs 0064-67, also see Abstract, paragraphs 0004, 0092].
As to claim 2, Krochmal discloses wherein the registering of one or more audio devices further comprises: registering the one or more audio devices arranged in a private space of the user [paragraphs 0014, 0027, 0035]; and registering the one or more audio devices arranged in a public space of the user [paragraphs 0027, 0035].
As to claim 3, Krochmal discloses wherein the updating the selection of the audio device further comprise: determining that there is no match for an available audio device based on the updated location of the mobile device [paragraph 0089]; transmitting, to the mobile device, an alert that the audio stream cannot be delivered using the registered one or more audio devices [paragraph 0090: “notification on a display…”]; and transmitting, to the mobile device, a message that the audio stream will be redirected to an address associated with the mobile device for play on the mobile device based on the determination that there is no match for the available audio device [paragraphs 0004, 0059, 0089].
As to claim 5, Krochmal discloses wherein the operations further comprise: receiving, from one or more sensors included in the one or more audio devices, information indicating that playing of the audio stream is undesirable or needs to be stopped [paragraphs 0106: “smart speaker detecting that the mobile telephone is farther than a second predetermined distance from the smart speaker…”]; and transmitting, to the mobile device, a message that the audio stream will be redirected to an address associated with the mobile device for play on the mobile device based on the receiving of the information that playing of the audio stream is undesirable or needs to be stopped [paragraphs 0106-107:”a notification is presented to the user with a selectable option to cause the telephone conversation to be transferred in response to detecting that the smart speaker is conducting the active telephone conversation and the mobile telephone is farther than the second predetermined distance from the smart speaker. In an example, the smart speaker may send a notification to the mobile telephone…”].
As to claim 6, Krochmal discloses wherein the operations further comprise: detecting an event that matches with a transparent audio transfer event which is configured by the user and stored in a database specific to the user [paragraphs 0046, 0133]; and automatically redirecting the audio stream to an address associated with the mobile device for play on the mobile device [paragraphs 0089, 0106].
As to claim 17, Krochmal discloses wherein the one or more audio devices further comprise one or more ambient speakers positioned at different locations in a public space [paragraph 0027], wherein the one or more ambient speakers include a fixed speaker and a mobile speaker [paragraphs 0027, 0035].
As to claim 19, Krochmal discloses wherein the operations further comprise: determining that there is no match for an available audio device based on the updated location of the mobile device [paragraph 0089]; and transmitting, to the mobile device, an alert that the audio stream cannot be delivered using the identified one or more audio devices [paragraph 0090: “notification on a display...”].
As to claim 20, Krochmal discloses wherein the operations further comprise: transmitting, to the mobile device, a message that the audio stream will be redirected to an address associated with the mobile device for play on the mobile device based on the determination that there is no match for the available audio device [paragraphs 0046, 0133]; and storing, in a user database, a configuration that activates transparent audio transfer to the mobile device based on the determination that there is no match for the available audio device [paragraphs 0068, 0089, 0106].
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 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 of this title, 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.
Claims 4 and 16 is rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application Publication No. 20200382647 to Krochmal et al. (“Krochmal”) in view of U.S. Patent Application Publication No. 20210004414 to Silverstein et al. (“Silverstein”).
As to claim 4, Krochmal discloses the non-transitory machine-readable medium of claim 1 [ see rejection of claim 1]. Krochmal further discloses while the audio stream is being played by a first audio device proximate to the mobile device, detecting that the location of the mobile device is within a range of the first audio device but a distance between the mobile device and the first audio device is changed [paragraphs 0053-0057, also see Figs 2A-2B].
Krochmal does not expressly disclose commanding the first audio device to adjust a volume in response to the changed distance.
In the same or similar field of invention, Silverstein discloses commanding the first audio device to adjust a volume in response to the changed distance [paragraphs 0026, 0094, 0110].
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify Krochmal to have above features as taught by Silverstein. The suggestion/motivation would have been to provide method to adjust volume of audio content as the user move through the environment. For example, as a user begins to move away from the first (or primary) device (i.e., the device that renders the initial/first portion of the response), the volume at which that portion of the response is rendered may be increased so that the user may still hear it [Silverstein paragraph 0026].
As to claim 16, Krochmal discloses the system of claim 14 [see rejection of claim 14]. Krochmal further discloses wherein the one or more audio devices further comprise one or more speakers positioned at different locations of a user’s personal environment [paragraphs 0014, 0027, 0035], wherein the one or more speakers are registered with an audio device management server [paragraphs 0031: “receiving an identifier of the smart device”, also see paragraph 0046].
Krochmal does not expressly disclose registration includes a range of geographic coordinates that represents a current range to which the one or more speakers are able to broadcast the audio stream. Even though, Krochmal discloses geolocation information to detect secondary device within the network [paragraph 0042] and also Global Positioning System (GPS) sensor to find proximity of the devices [paragraph 0139]. It would have been extremely obvious and well known in the art to find a range of geographic coordinates that represents a current range to which the one or more speakers are able to broadcast the audio stream using geolocation and GPS coordinates.
In the same or similar field of invention, Silverstein discloses a range of geographic coordinates that represents a current range to which the one or more speakers are able to broadcast the audio stream [paragraphs 0108, 110].
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify Krochmal to have above features as taught by Silverstein. The suggestion/motivation would have been to provide method to adjust volume of audio content as the user move through the environment. For example, as a user begins to move away from the first (or primary) device (i.e., the device that renders the initial/first portion of the response), the volume at which that portion of the response is rendered may be increased so that the user may still hear it [Silverstein paragraph 0026].
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application Publication No. 20200382647 to Krochmal et al. (“Krochmal”) in view of U.S. Patent Application Publication No. 20230297324 to Yu et al. (“Yu”).
As to claim 7, Krochmal discloses the non-transitory machine-readable medium of claim 1 [ see rejection of claim 1]. Krochmal further discloses wherein the receiving of the request for the audio stream from the mobile device further comprise receiving the request for the audio stream from an application running on the mobile device [paragraphs 0046, 0133] and personalized play of the audio stream using registered user information and registered audio devices information [paragraphs 0046, 0094-95, 0112-113].
Krochmal does not expressly disclose wherein the receiving of the request for the audio stream from the mobile device further comprise receiving the request for the audio stream from a customized application running on the mobile device, wherein the customized application is based on a subscription of service by the user to a personalized play of the audio stream using registered user information and registered audio devices information.
In the same or similar field of invention, Yu discloses wherein the receiving of the request for the audio stream from the mobile device further comprise receiving the request for the audio stream from a customized application running on the mobile device [paragraphs 0201, 0486, 0498-499 (Music Application), paragraph 0503 (AudioPolicy)], wherein the customized application is based on a subscription of service by the user to a personalized play of the audio stream using registered user information and registered audio devices information [Yu paragraphs 0527, 0530-0533, 0619, Figs. 19-29].
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify Krochmal to have above features as taught by Yu. The suggestion/motivation would have been to provide an audio control method, a system, and an electronic device, to flexibly switch audio of a terminal to one or more other terminals for play. This improves user audio experience [Yu paragraph 0005].
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application Publication No. 20200382647 to Krochmal et al. (“Krochmal”) in view of U.S. Patent No. 10963586 to Sculley et al. (“Sculley”).
As to claim 18, Krochmal discloses the system of claim 15 [ see rejection of claim 15].
Krochmal does not expressly disclose wherein the one or more audio devices further comprise a directional speaker operable to produce a beam of audio that is directed to a narrow range of a target destination that the directional speaker is engaged, wherein the directional speaker is in communication with an audio delivery server and an audio device management server to receive instructions as to a direction on which the beam of audio focuses.
In the same or similar field of invention, Sculley discloses wherein the one or more audio devices further comprise a directional speaker operable to produce a beam of audio that is directed to a narrow range of a target destination that the directional speaker is engaged, wherein the directional speaker is in communication with an audio delivery server and an audio device management server to receive instructions as to a direction on which the beam of audio focuses [Sculley column 58 line 64 to column 59 line 5, column 59 lines 25-41, Fig. 40: 900, 902].
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify Krochmal to have above features as taught by Sculley. The suggestion/motivation would have been to provide directional speakers that are able to direct sound along narrow paths toward persons in the space so that audio messages can be provided to specific persons in the space as opposed to generally broadcast [Sculley column 58 line 64-column 59 line 2].
Claims 8, 10-14 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application Publication No. 20210004414 to Silverstein et al. (“Silverstein”) in view of U.S. Patent Application Publication No. 20200382647 to Krochmal et al. (“Krochmal”).
As to claim 8, Silverstein discloses a method, comprising:
receiving, by a network node including a processor [Fig. 1-2, paragraphs 0059-61];
detecting, by the network node, proximity of the user device to a first location [paragraphs 0083, 0091, 0105-0106];
identifying, by the network node, a first speaker in the vicinity of the first location [paragraphs 0105-0108], wherein the first speaker is communicatively connected with the user device [paragraph 0104: “ The devices may include various sorts of computing and/or IoT devices that are capable of being in operable communication with other devices”]];
sending, by the network node, the audio stream to the first speaker for presentation to a user [paragraphs 106, 0111];
tracking, by the network node, movement of the user device [paragraphs 0107];
detecting, by the network node, the movement of the user device to be proximate to a second location [paragraphs 0111-112];
identifying, by the network node, a second speaker in the vicinity of the second location, wherein the second speaker is communicatively connected with the user device [paragraphs 0111-112, also see paragraphs 0114-118]; and
handing off, by the network node, the audio stream to the second speaker for presentation to the user [paragraphs 0111-112: “rendering of the content may be switched such that a second (or other subsequent) portion thereof is rendered by the secondary device(s)”, also see paragraphs 0114-118, also see Figs. 4-6 (paragraphs 0085-0103) where rendering of the content “follows” the users 444-448].
Silverstein does not expressly disclose a request for an audio stream from a user device. Even though, In Silverstein teaching the primary device could be mobile electronic device [Fig. Fig. 7: 706, paragraphs 0104, 0105, 0106]. It would have been extremely obvious and well known in the art that a request for an audio stream from a user device. So, user can easily request the content using his/her mobile device.
In the same or similar field of invention, Krochmal discloses the feature of a request for an audio stream from a user device [Krochmal paragraphs 0022, 0031, 0045].
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify Silverstein to have a feature of a request for an audio stream from a user device as taught by Krochmal. The suggestion/motivation would have been to provide a seamless and intuitive telephone conversation experience for the use as the user moves around, the telephone conversation may move with the user from device to device [Krochmal Abstract].
As to claim 10, Silverstein discloses delivering, by the network node, from an audio delivery server, the audio stream requested by using an application running on the user device [paragraphs 0014, 0033, 0104, 0113].
As to claim 11, Silverstein discloses after the detection of the proximity of the user device to the first speaker, detecting, by the network node, the movement of the user device resulting in a different direction relative to the first speaker; and updating, by the network node, a location of the user device; and sending, by the network node, a command to redirect the audio stream to be directed to and follow the different direction [paragraphs 0111-112: “rendering of the content may be switched such that a second (or other subsequent) portion thereof is rendered by the secondary device(s)”, also see paragraphs 0114-118, also see Figs. 4-6 (paragraphs 0085-0103) where rendering of the content “follows” the users 444-448].
As to claim 12, Silverstein discloses wherein the handing off of the audio stream further comprises commanding, by the network node, an audio delivery server to discontinue the audio stream to the first speaker and redirect the audio stream to the second speaker [paragraphs 0110-0112: “the content is switched or transferred to the selected secondary device(s).”, also see paragraphs 0085-0103, 0114-0118].
As to claim 13, Krochmal discloses registering, by the network node, in a speakers database, a first identifier (ID) and a first location of the first speaker [paragraphs 0031, 0037, 0071, 0076]; registering, by the network node, in the speakers database, a second ID and a second location of the second speaker [paragraphs 0031, 0037, 0071, 0076]; and registering, by the network node, in a users database, an ID of the user device, a location of the user device as a location of the user, a user’s status indicative of availability of receiving the audio stream, and a speaker identifier in range of the location of the user [paragraphs 0031, 0037, 0071]. In addition, the same motivation is used as the rejection of claim 8.
As to claim 14, Silverstein discloses continually updating, by the network node, the location of the user device based on the tracked movement of the user device; and after the handing off of the audio stream, updating, by the network node, the speaker identifier in the users database, from the first speaker to the second speaker [paragraphs 0016, 0018-19, 0025, 0080, 0091, 107-112].
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application Publication No. 20210004414 to Silverstein et al. (“Silverstein”) and U.S. Patent Application Publication No. 20200382647 to Krochmal et al. (“Krochmal”) in further view of U.S. Patent Application Publication No. 20220256027 to Couse (“Couse”).
As to claim 9, Silverstein and Krochmal disclose the method of claim 8 [see rejection of claim 8].
comprising: detecting, by the network node, particular audio that is intended for the user, while the audio stream is playing; and pushing, by the network node, the particular audio to a speaker that is playing the audio stream at the time of the detection of the particular audio, wherein the playing of the audio stream is temporarily paused.
Silverstein and Krochmal do not expressly disclose detecting, by the network node, particular audio that is intended for the user, while the audio stream is playing; and pushing, by the network node, the particular audio to a speaker that is playing the audio stream at the time of the detection of the particular audio, wherein the playing of the audio stream is temporarily paused.
In the same or similar field of invention, Couse discloses the feature of disclose detecting, particular audio that is intended for the user, while the audio stream is playing; and pushing the particular audio to a speaker that is playing the audio stream at the time of the detection of the particular audio, wherein the playing of the audio stream is temporarily paused [Couse paragraphs 0022, 0025, Fig. 3].
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify Silverstein and Krochmal to have feature of disclose detecting, particular audio that is intended for the user, while the audio stream is playing; and pushing the particular audio to a speaker that is playing the audio stream at the time of the detection of the particular audio, wherein the playing of the audio stream is temporarily paused as taught by Couse. The suggestion/motivation would have been to provide the user with the ability to choose how incoming phone calls are to be handled while the phone is being used for computing system audio output. This includes being able to answer incoming phone calls and have the computing system audio output be automatically placed on hold (paused) [Couse paragraph 0015].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
U.S. Patent No. 9491033 to Soyannwo (Figs. 1-3, 6-7 and corresponding columns and lines).
U.S. Patent Application Publication No. 20140273859 to Luna et al. (Figs. 2, 7 and corresponding paragraphs).
U.S. Patent Application Publication No. 20150128194 to Kuang et al. (Figs. 1-2 and corresponding paragraphs).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANTIM G SHAH whose telephone number is (571)270-5214. The examiner can normally be reached Mon-Fri 7:30am-4pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ahmad Matar can be reached at 571-272-7488. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANTIM G SHAH/Primary Examiner, Art Unit 2693
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