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 .
Double Patenting
2. 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. See 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) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the conflicting application or patent is shown to be commonly owned with this application. See 37 CFR 1.130(b). Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
Claims 1-20 rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over independent claims of the following: U.S. Patent No. 11,507,343. Although the conflicting claims are not identical, they are not patentably distinct from each other because independent claims of U.S. Patent No. 11,507,343, and independent claims of the present application share the following:
Pending Application 18/989,380
U.S. Patent No. 11,507,343
A method implemented by a first computing device, the method comprising:
receiving an indication of a command for a first playback device and a second playback device of a media playback system to form a synchrony group for synchronous playback of audio content;
determining a battery state variable value for the first playback device;
based on the determined battery state variable value, determining that a second computing device is to operate as a group coordinator for the synchrony group;
and causing the second computing device to operate as the group coordinator for the synchrony group, wherein the group coordinator is configured to transmit (i) the audio content and (ii) playback timing information to at least one of the first playback device or the second playback device
A method comprising:
receiving an indication of a command for a first playback device and a second playback device to form a synchrony group for synchronous playback of audio content;
determining, for each of the first and second playback devices of the group, a respective battery state variable value;
based on the respective battery state variable values, determining that a third playback device is to operate as a group coordinator for the synchrony group, wherein the third playback device is not part of the synchrony group;
and causing the third playback device to operate as the group coordinator for the synchrony group, wherein the group coordinator is configured to transmit (i) the audio content and (ii) playback timing information to the first and second playback devices
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Amal Zenati whose telephone number is 571-270-1947. The examiner can normally be reached on 8:00 -5:00 M-F.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ahmad Matar can be reached on 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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/AMAL S ZENATI/Primary Examiner, Art Unit 2693