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 .
This office action is in response to applicant’s filing dated 7/11/2025, claims 1-20 are currently pending in the application.
Double Patenting
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 conflicting claims 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); 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 nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12273084. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the application under examination and the claims of the patents are wording variations covering the same scope as shown in the claim mapping table below:
Application under examination
U. S. Patent 12273084
1. (New) A first playback device comprising: at least one processor; and at least one tangible, non-transitory computer-readable medium comprising program instructions executable by the at least one processor such that, while the first playback device is configured to play audio content in a playback group with at least a second playback device, the first playback device is configured to: after receiving one or more volume adjustment inputs via a user interface associated with the first playback device when the first playback device is configured as a secondary playback device for the playback group and the second playback device is configured as a primary playback device for the playback group:(i) generate one or more packets comprising information corresponding to the one or more volume adjustment inputs;(ii) transmit the one or more packets comprising the information corresponding to the one or more volume adjustment inputs to the second playback device; and(iii) either:(a) after receiving volume-adjusted audio content from the second playback device, play the volume-adjusted audio content, wherein the volume adjusted audio content is based on the one or more volume adjustment inputs; or (b) after receiving volume-unadjusted audio content and volume adjustment information from the second playback device, (i) adjust a volume of the received audio content based on the volume adjustment information, and (ii)play the received audio content at the adjusted volume, wherein the volume adjustment information is based on the one or more volume adjustment inputs.
1. (New) A first playback device comprising: one or more processors; and at least one tangible, non-transitory computer-readable medium comprising program instructions executable by the one or more processors such that, while the first playback device is configured to play audio content in a playback group with at least a second playback device, the first playback device is configured to: after receiving a volume adjustment message via a user interface associated with the first playback device when the first playback device is configured as a primary playback device for the playback group and the second playback device is configured a secondary playback device for the playback group, (i) play audio content at a volume based on the volume adjustment message, and (ii) send volume-adjusted audio content to the second playback device, wherein the volume-adjusted audio content is based on the volume adjustment message; and after receiving a volume adjustment message via the user interface associated with the first playback device when the first playback device is configured as the secondary playback device for the playback group and the second playback device is configured the primary playback device for the playback group, (i) generate one or more packets comprising information corresponding to the volume adjustment message, (ii) transmit the one or more packets comprising the information corresponding to the volume adjustment message to the secondary playback device, and (iii) play volume-adjusted audio content received from the second playback device, wherein the volume-adjusted audio content is based on the volume adjustment message.
2. (New) The first playback device of claim 1, wherein the program instructions comprise program instructions executable by the at least one processor such that, while the first playback device is configured to play audio content in the playback group with at least the second playback device, the first playback device is configured to: after receiving one or more volume adjustment inputs via the user interface associated with the first playback device when the first playback device is configured as the primary playback device for the playback group and the second playback device is configured as the secondary playback device for the playback group:(i) play audio content at a volume based on the one or more volume adjustment inputs; and(ii) either:(a) send volume-adjusted audio content to the second playback device, wherein the volume-adjusted audio content is based on the one or more volume adjustment inputs; or (b) send volume-unadjusted audio content and volume adjustment information to the second playback device, wherein the volume adjustment information is based on the one or more volume adjustment inputs
2. (New) The first playback device of claim 1, wherein the audio content comprises a first channel and a second channel, and wherein one of (i) the first playback device is configured to play the first channel and the second playback device is configured to play the second channel or (ii) the first playback device is configured to play the second channel and the second playback device is configured to play the first channel.
3. (New) The first playback device of claim 2, wherein the program instructions comprise program instructions executable by the at least one processor such that, while the first playback device is configured to play audio content in the playback group with at least the second playback device, the first playback device is configured to: determine whether the first playback device is configured as either (i) the primary playback device for the playback group or (ii) the secondary playback device for the playback group.
4. (New) The first playback device of claim 1, wherein the program instructions comprise program instructions executable by the one or more processors such that, while the first playback device is configured to play audio content in a playback group with at least a second playback device, the first playback device is configured to: determine whether the first playback device is configured as either (i) the primary playback device for the playback group or (ii) the secondary playback device for the playback group.
4. (New) The first playback device of claim 1, wherein the program instructions comprise program instructions executable by the at least one processor such that, while the first playback device is configured to play audio content in the playback group with at least the second playback device, the first playback device is configured to: after receiving one or more volume adjustment inputs via the user interface associated with the first playback device when the first playback device is configured as the primary playback device for the playback group and the second playback device is configured as the secondary playback device for the playback group:(i) play audio content at a volume based on the one or more volume adjustment inputs; and(ii) either:(a) send volume-adjusted audio content to the second playback device and a third playback device in the playback group, wherein the volume-adjusted audio content is based on the one or more volume adjustment inputs; or (b) send volume-unadjusted audio content and volume adjustment information to the second playback device and the third playback device in the playback group, wherein the volume adjustment information is based on the one or more volume adjustment inputs.
5. (New) The first playback device of claim 1, wherein the program instructions comprise program instructions executable by the one or more processors such that, while the first playback device is configured to play audio content in a playback group with at least a second playback device, the first playback device is configured to: receive the volume adjustment message via the user interface associated with the first playback device.
6. (New) The first playback device of claim 5, wherein the program instructions executable by the one or more processors such that, while the first playback device is configured to play audio content in a playback group with at least a second playback device, the first playback device is configured to receive the volume adjustment message via the user interface associated with the first playback device comprise program instructions executable by the one or more processors such that the first playback device is configured to: when the first playback device is configured as the secondary playback device for the playback group and the second playback device is configured as the primary playback device for the playback group, receive the volume adjustment message during a collection period.
6. (New) The first playback device of claim 1, wherein the one or more volume adjustment inputs are a plurality of inputs that occur during a particular collection period.
6. (New) The first playback device of claim 5, wherein the program instructions executable by the one or more processors such that, while the first playback device is configured to play audio content in a playback group with at least a second playback device, the first playback device is configured to receive the volume adjustment message via the user interface associated with the first playback device comprise program instructions executable by the one or more processors such that the first playback device is configured to: when the first playback device is configured as the secondary playback device for the playback group and the second playback device is configured as the primary playback device for the playback group, receive the volume adjustment message during a collection period.
7. (New) The first playback device of claim 1, wherein the one or more volume adjustment inputs are only a single input.
3. (New) The first playback device of claim 1, wherein the user interface associated with the first playback device comprises one of a touch screen, a button, a control, or a microphone.
8. (New) The first playback device of claim 1, wherein the audio content comprises a first channel and a second channel, and wherein either (i) the first playback device is configured to play the first channel and the second playback device is configured to play the second channel or (ii) the first playback device is configured to play the second channel and the second playback device is configured to play the first channel.
2. (New) The first playback device of claim 1, wherein the audio content comprises a first channel and a second channel, and wherein one of (i) the first playback device is configured to play the first channel and the second playback device is configured to play the second channel or (ii) the first playback device is configured to play the second channel and the second playback device is configured to play the first channel.
9. (New) The first playback device of claim 1, wherein the program instructions comprise program instructions executable by the at least one processor such that, while the first playback device is configured to play audio content in the playback group with at least the second playback device, the first playback device is configured to: transmit the one or more packets comprising the information corresponding to the one or more volume adjustment inputs to the second playback device via one or more intermediary devices.
8. (New) The first playback device of claim 1, wherein the program instructions executable by the one or more processors such that, while the first playback device is configured to play audio content in a playback group with at least a second playback device, the first playback device is configured to transmit the one or more packets comprising the information corresponding to the volume adjustment message to the secondary playback device comprise program instructions executable by the one or more processors such that the first playback device is configured to: transmit the one or more packets comprising the information corresponding to the volume adjustment message to the secondary playback device via a first intermediary device, wherein the first intermediary device comprises any of a second secondary playback device, a controller, a server, or a repeater, and wherein the first intermediary device is configured to forward the one or more packets comprising the information corresponding to the volume adjustment message to one of (i) the primary playback device or (ii) a second intermediary device.
Regarding claims 10-18, claims are rejected under nonstatutory double patenting for being the Tangible, non-transitory computer-readable media comprising program instructions, wherein the program instructions, when executed by at least one processor, cause at least the same functions and comprise at least the same elements of device claims 1-9 (see rejections of claims 1-9 above).
Regarding claim 19, claim is rejected under nonstatutory double patenting for being the method comprising at least the same elements and performing at least the same functions performed by the device of rejected claim 1 (see rejection of claim 1 above).
Regarding claim 20, claim is rejected under nonstatutory double patenting for being the method comprising at least the same elements and performing at least the same functions performed by the device of rejected claim 2 (see rejection of claim 2 above).
Allowable Subject Matter
Claims 1-20 would be allowed over prior art of record if the nonstatutory double patenting is overcome.
Most relevant prior art of record is Sugiura (US 20110058689 A1) hereinafter Sugiura.
Regarding claim 1, Sugiura teaches A first playback device (20 in Fig. 1) comprising: at least one processor (20 of Fig. 1 is shown to include a cpu as part of controlling Portion in Fig. 2 and “Returning to FIG. 2, the controlling portion 214 includes a CPU (Central Processing Unit)” in ¶[0030]); and at least one tangible, non-transitory computer-readable medium (“Returning to FIG. 2, the controlling portion 214 includes a CPU (Central Processing Unit), a ROM (Read Only Memory), and a RAM (Random Access Memory)“ in ¶[0030]) comprising program instructions executable by the at least one processor (“The CPU has a function of loading a control program stored in the ROM into the RAM and executing the program” in ¶[0030]) such that, while the first playback device (20 in Fig. 1) is configured to play audio content in a playback group with at least a second playback device (speaker apparatus 20 and SW30 in Fig. 7 both receive common audio data and emit audio in a group in steps S.sub.11 and S.sub.21 respectively), the first playback device is configured to: after receiving one or more volume adjustment inputs via a user interface associated with the first playback device (“The controlling portion 214 determines whether the set information is changed or not (step S15). If the user performs an operation of changing the setting of the volume or the like through the operating portion 218 (step S15: YES), for example, the control returns to step S14, the set information is updated, and the sound emission control information is generated from the updated set information” in ¶[0058]) when the first playback device is configured as a secondary playback device for the playback group and the second playback device is configured as a primary playback device for the playback group: (First device 20 is the primary device and SW30 is the secondary device since in Fig. 1 command is sent from 20 to SW30), Sugiura does not specifically disclose the device further comprising (i) generate one or more packets comprising information corresponding to the one or more volume adjustment inputs;(ii) transmit the one or more packets comprising the information corresponding to the one or more volume adjustment inputs to the second playback device; and(iii) either:(a) after receiving volume-adjusted audio content from the second playback device, play the volume-adjusted audio content, wherein the volume adjusted audio content is based on the one or more volume adjustment inputs; or (b) after receiving volume-unadjusted audio content and volume adjustment information from the second playback device, (i) adjust a volume of the received audio content based on the volume adjustment information, and (ii)play the received audio content at the adjusted volume, wherein the volume adjustment information is based on the one or more volume adjustment inputs.
The following is the reason for would be allowance of claim 1:
Sugiura alone or in combination with any other prior art of record does not specifically disclose, suggest nor render obvious the limitations wherein the device further comprises (i) generate one or more packets comprising information corresponding to the one or more volume adjustment inputs;(ii) transmit the one or more packets comprising the information corresponding to the one or more volume adjustment inputs to the second playback device; and(iii) either:(a) after receiving volume-adjusted audio content from the second playback device, play the volume-adjusted audio content, wherein the volume adjusted audio content is based on the one or more volume adjustment inputs; or (b) after receiving volume-unadjusted audio content and volume adjustment information from the second playback device, (i) adjust a volume of the received audio content based on the volume adjustment information, and (ii)play the received audio content at the adjusted volume, wherein the volume adjustment information is based on the one or more volume adjustment inputs, therefore the claim is allowed for he limitations above in combination with all the other limitations of the claim if the nonstatutory double patenting rejection is overcome.
Regarding claims 2-9, claims would be allowed if the nonstatutory double patenting rejection is overcome for their dependency on would be allowed claim 1.
Regarding claim 10, claim would be allowed if the nonstatutory double patenting rejection is overcome for being the tangible, non-transitory computer-readable media comprising program instructions, wherein the program instructions, when executed by at least one processor, cause at least the same functions and comprise at least the same elements comprised by the device of would be allowed claim 1 (see reason for would be allowance of claim 1 above).
Regarding claims 11-18, claims would be allowed if the nonstatutory double patenting rejection is overcome for their dependency on would be allowed claim 10.
Regarding claim 19, claim would be allowed if the nonstatutory double patenting rejection is overcome for being the method performing at least the same functions and comprising at least the same elements comprised by the device of would be allowed claim 1 (see reason for would be allowance of claim 1 above).
Regarding claim 20, claim would be allowed if the nonstatutory double patenting rejection is overcome for its dependency on would be allowed claim 19.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AMMAR T HAMID whose telephone number is (571)272-1953. The examiner can normally be reached M-F 9-5, Eastern time.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Vivian Chin can be reached at (571) 272-7848. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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AMMAR T. HAMID
Primary Examiner
Art Unit 2695
/AMMAR T HAMID/Primary Examiner, Art Unit 2695
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