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 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) 1-6, 8-15, and 17-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Marino, JR. et al. (US #2014/0037107).
Regarding Claim 1, Marino discloses a computing device (title, abstract, figs. 1-9B) comprising:
at least one processor (Marino fig. 5: micro controller 506; ¶0023, ¶0056: 500);
at least one non-transitory computer-readable medium (Marino fig. 5: memory 510; application module 512; ¶0024); and
program instructions stored on the at least one non-transitory computer-readable medium that, when executed by the at least one processor (Marino ¶0024. ¶0077 discloses each block can represent a module, a segment, or a portion of program code, which includes one or more instructions executable by a processor for implementing specific logical functions or steps in the process. ¶0111 discloses the computer-readable medium has instructions stored thereon executable by a computing device to cause the computing device to perform functions involving applying a state variable update associated with a first playback device in a plurality of playback devices), cause the computing device to:
determine (i) an active volume state variable corresponding to a current playback volume for a first playback device (Marino ¶0036 discloses the state variable can provide information about system 100, such as current zone group configuration, what is playing in one or more zones, volume levels, and other items of interest. fig. 9A: bedroom 928 volume set to 926) and (ii) a volume limit state variable corresponding to a playback volume limit of the first playback device (Marino ¶0075 discloses volume limits for certain playback devices. … the playback volume of the player can be individually limited. ¶0079 discloses the state variable update can indicate volume ranges associated with the first playback device, including a device volume range and a limited volume range. ¶0083 discloses the modification of certain state variables, such as that of a volume limit, can be restricted to certain controllers such that the certain state variables can be updated by accessing the certain controllers. fig. 9A: bedroom 928 volume set to 976);
receive a command for the first playback device to play back media at a proposed playback volume different from the current playback volume (Marino fig. 8B: 852, 856, 860 and ¶0099 discloses a volume indicator 926 representing a volume level of the bedroom zone. ¶0104 discloses on the other hand, the volume indicator 976 can represent a playback volume in the bedroom listening zone capped by the volume limitation as represented by a maximum volume indicator 972, similar to the maximum volume indicator 922. ¶0105 discloses one case, the volume indicator may stop at the maximum volume indicator 972 as the user drags past the maximum volume indicator; figs. 9A-9B);
based on comparing (Marino fig. 8B: 856) (i) the playback volume limit (Marino ¶0092 discloses at action block 852, the method 850 involves applying a volume limitation for a playback device) and (ii) the proposed playback volume, select a given playback volume for the first playback device (Marino ¶0094 discloses on the other hand, if at decision block 856, a determination is made that applying the group volume adjustment to the playback device will result in the playback volume of the device exceeding the volume limitation of the playback device, the method 850 may then proceed to action block 860, which may involve adjusting the playback volume of the playback device to the maximum volume level within the volume limitation for the playback device); and
cause the first playback device and a second playback device to play back the media at the given playback volume (Marino fig. 9A: bedroom 928 volume set to 926 and patio 938 volume set to 936, and after increasing the group [918] volume to 966 as in fig. 9B: bedroom [928] volume adjusted to 972 and patio [938] volume adjusted to 986).
Regarding Claim 2, Marino discloses the computing device of claim 1, wherein the computing device is a controller device (Marino ¶0026 discloses a controller 130 [e.g., shown in the kitchen for purposes of illustration] provides control to the system configuration 100. Controller 130 can be fixed to a zone, or alternatively, mobile such that it can be moved about the zones. System configuration 100 may also include more than one controller 130. fig. 5: controller 500; ¶0020).
Regarding Claim 3, Marino discloses the computing device of claim 2, wherein the computing device is a smartphone (Marino ¶0037 discloses an IPHONE™, IPAD™, ANDROID™ powered phone, or any other smart phone).
Regarding Claim 4, Marino discloses the computing device of claim 1, wherein the first playback device comprises the computing device (Marino ¶0059 discloses a network-enabled device [e.g., a networked computer such as a PC or MAC®] can be used as a controller to interact or control zone players in a particular environment ¶0068 discloses the Zone Player [ZP] includes the controller 308 or a computing device, for example).
Regarding Claim 5, Marino discloses the computing device of claim 1, wherein the second playback device comprises the computing device (Marino ¶0059 discloses a network-enabled device [e.g., a networked computer such as a PC or MAC®] can be used as a controller to interact or control zone players in a particular environment ¶0068 discloses the Zone Player [ZP] includes the controller 308 or a computing device, for example).
Regarding Claim 6, Marino discloses the computing device of claim 1, wherein the command for the first playback device to play back the media is a command for the first playback device to begin playback of the media (Marino ¶0032 discloses one, some, or all of the zone players 102 to 124 can retrieve audio directly from a source. For example, a zone player may contain a playlist or queue of audio items to be played [also referred to herein as a "playback queue"]. Each item in the queue may comprise a uniform resource identifier [URI] or some other identifier. The URI or identifier can point the zone player to the audio source. The source might be found on the Internet [e.g., the cloud], locally from another device over data network 128, from the controller 130, stored on the zone player itself, or from an audio source communicating directly to the zone player. In some embodiments, the zone player can reproduce the audio itself. The zone player can play a first audio content, while sending a second, different audio content to another zone player(s) for reproduction. ¶0086 discloses a state variable associated with a player can indicate capabilities or functionalities. In one example, the state variable can indicate zone group affiliations of the player. In one case, the state variable may further indicate zone capabilities or functionalities of the zone group, and/or each of the players in the zone group. For instance, for a "Home Theater" zone group with players configured to render audio content as a unified 5.1 system, the state variable associated with one of the players in the zone group can indicate playback responsibilities of the respective player, as well as playback responsibilities for each of the other players in the zone group).
Regarding Claim 8, Marino discloses the computing device of claim 1, wherein:
the active volume state variable is stored in a memory of the first playback device (Marino ¶0036 discloses if more than one controller is used in system 100, then each controller can be coordinated to display common content, and can all be dynamically updated to indicate changes made from a single controller. Coordination can occur, for instance, by a controller periodically requesting a state variable directly or indirectly from one or more zone players; the state variable can provide information about system 100, such as current zone group configuration, what is playing in one or more zones, volume levels, and other items of interest. The state variable can be passed around on data network 128 between zone players [and controllers, if so desired] as needed or as often as programmed); and
the computing device further comprises program instructions stored on the at least one non-transitory computer-readable medium that, when executed by the at least one processor (Marion ¶0077 discloses each block can represent a module, a segment, or a portion of program code, which includes one or more instructions executable by a processor for implementing specific logical functions or steps in the process. ¶0111 discloses the computer-readable medium has instructions stored thereon executable by a computing device to cause the computing device to perform functions involving applying a state variable update associated with a first playback device in a plurality of playback devices), cause the computing device to:
cause the first playback device to update the active volume state variable in the memory of the first playback device to correspond to the given playback volume (Marino ¶0083 discloses the modification of certain state variables, such as that of a volume limit, can be restricted to certain controllers such that the certain state variables can be updated by accessing the certain controllers).
Regarding Claim 9, Marino discloses the computing device of claim 1, wherein:
the active volume state variable comprises a first active volume state variable (Marino ¶0036 discloses if more than one controller is used in system 100, then each controller can be coordinated to display common content, and can all be dynamically updated to indicate changes made from a single controller. Coordination can occur, for instance, by a controller periodically requesting a state variable directly or indirectly from one or more zone players; the state variable can provide information about system 100, such as current zone group configuration, what is playing in one or more zones, volume levels, and other items of interest);
a second active volume state variable corresponding to a current playback volume for the second playback device is stored in a memory of the second playback device (Marino ¶0036 discloses the state variable can be passed around on data network 128 between zone players [and controllers, if so desired] as needed or as often as programmed); and
the computing device further comprises program instructions stored on the at least one non-transitory computer-readable medium that, when executed by the at least one processor (Marino ¶0111 discloses the computer-readable medium has instructions stored thereon executable by a computing device to cause the computing device to perform functions involving applying a state variable update associated with a first playback device in a plurality of playback devices), cause the computing device to:
cause the second playback device to update the second active volume state variable in the memory of the second playback device to correspond to the given playback volume (Marino ¶0036 discloses capabilities or functionalities of a player can be represented by a state variable associated with the player. The state variable can be stored on the respective player. Further, the state variable can be updated regularly, as the capabilities and the functionalities of the player can change dynamically over time).
Regarding Claim 10, Marino discloses the computing device of claim 1, wherein:
the volume limit state variable is a maximum volume state variable (Marino ¶0078 discloses at block 802, the method 800 involves applying a state variable update associated with a first playback device in a plurality of playback devices);
the playback volume limit is a maximum playback volume (Marino ¶0075 discloses a maximum player volume can be implemented such that the playback volume of the player can be individually limited when a group playback volume for the group of players is being adjusted); and
the program instructions that, when executed by the at least one processor, cause the computing device to select the given playback volume for the first playback device comprise program instructions that, when executed by the at least one processor (Marion ¶0077 discloses each block can represent a module, a segment, or a portion of program code, which includes one or more instructions executable by a processor for implementing specific logical functions or steps in the process. ¶0111 discloses the computer-readable medium has instructions stored thereon executable by a computing device to cause the computing device to perform functions involving applying a state variable update associated with a first playback device in a plurality of playback devices), cause the computing device to:
if the proposed playback volume is greater than the maximum volume state variable, select the given playback volume to be the maximum playback volume (Marino fig. 8B: at block 856, “will adjusted volume exceed volume limit?”. If YES, at block 860, “set playback device volume at volume limitation“ and ¶0099 discloses a volume indicator 926 representing a volume level of the bedroom zone. ¶0104 discloses on the other hand, the volume indicator 976 can represent a playback volume in the bedroom listening zone capped by the volume limitation as represented by a maximum volume indicator 972, similar to the maximum volume indicator 922. ¶0105 discloses one case, the volume indicator may stop at the maximum volume indicator 972 as the user drags past the maximum volume indicator; figs. 9A-9B); and
if the proposed playback volume is not greater than the maximum volume state variable, select the given playback volume to be the proposed playback volume (Marino fig. 8B: at block 856, “will adjusted volume exceed volume limit?”. If NO, at block 858, “adjust playback device volume accordingly to group volume adjustment“).
Regarding Claim 11, Marino discloses the computing device of claim 1, wherein the first playback device and the second playback device are grouped for synchronous playback of media (Marino ¶0032 discloses the zone player can reproduce the audio itself, send it to another zone player for reproduction, or both where the audio is played by the zone player and one or more additional zone players in synchrony. ¶0043 discloses if a zone contains two or more zone players, such as the two zone players 106 and 108 in the family room, then the two zone players 106 and 108 can be configured to play the same audio source in synchrony. Alternatively, paired zone players [also referred to as "bonded zone players"] can play audio in synchrony with other zone players in the same or different zones; fig. 1).
Claims 12-15 and 17-20 are rejected for the same reasons as set forth in Claims 1-6, 8-11.
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, 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 7 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Marino et al. (US #2014/0037107) in view of Bates et al. (US #2013/0317635).
Regarding Claim 7, Marino discloses the computing device of claim 1, but may not explicitly disclose wherein the command for the first playback device to play back the media is a command for the first playback device to resume playback of previously paused media.
However, Bates (title, abstract, Figs. 1-8B) teaches wherein the command for the first playback device to play back the media is a command for the first playback device to resume playback of previously paused media (Bates ¶0022: Fig. 7: 706; suspend rendering of the first audio content by the at least one playback device, 710; resume rendering of the first audio content by the at least one playback device. Fig. 8A: 812; can audio be paused, if YES, 814; pause audio content playback; Fig. 8B: 862; resume pause audio content where it was paused. ¶0118 discloses suspending playback of the first audio content by the at least one playback device can involve pausing playback of the first audio content or muting playback of the first audio content. Determining whether to pause or mute playback of the first audio content can depend on determining whether the first audio content can be paused. ¶0128 discloses referring to Fig.1, zone players 106 and 108 in the "Family Room" zone, and zone player 112 in the "Bedroom" zone can be in a zone group rendering the first audio content. Zone player 112 can then be selected to render the second audio content in audition mode and can have paused the first audio content, while zone players 106 and 108 continue to render the first audio content. Upon exiting audition mode, zone player 112 can resume playback of the first audio content. However, instead of resuming from where the first audio content was paused, zone player 112 can synchronize playback of the first audio content with the playback of the first audio content of zone player 106 and 108 for an optimized aural experience in which playback of the first audio content by zone players in a zone group are synchronized).
Marino and Bates are analogous art as they pertain to zone playback devices. Therefore it would have been obvious to someone of ordinary skill in the art before the effective filing date of the invention was made to modify playback system (as taught by Marino) to resume playback of the first audio content from where the first audio content was paused (as taught by Bates, ¶0126) to have the advantage that the zone can quickly rejoin the grouped zones in audio synchrony after audition mode is exited or terminated (Bates, ¶0134).
Claim 16 is rejected for the same reasons as set forth in Claim 7.
Conclusion
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/YOGESHKUMAR PATEL/Primary Examiner, Art Unit 2691
