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 .
DETAILED ACTION
Claims 1-20 are pending in Instant Application.
Priority
Examiner acknowledges Applicant’s claim to priority benefits of 63077372 filed 09/11/2020.
Double Patenting
A rejection based on double patenting of the "same invention" type finds its support in the language of 35 U.S.C. 101 which states that "whoever invents or discovers any new and useful process ... may obtain a patent therefor ..." (Emphasis added). Thus, the term "same invention," in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957); and In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the conflicting claims so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
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 obviousness-type 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); 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 conflicting 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.
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, 3-6, 11, 14-16, 18, 19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-4, 6-7, 9, 12-15, 19-20 of U.S. Patent No. 12282707. Although the claims at issue are not identical, they are not patentably distinct from each other because:
U.S. Patent 12282707
Instant Application
Claim analysis
1, 12, 19. A computing device comprising: at least one processor; at least one non-transitory computer-readable medium; and program instructions stored on the at least one non-transitory computer-readable medium that are executable by the at least one processor such that the computing device is configured to: operate in a first mode wherein the computing device is responsible for transmitting, to each playback device of a synchrony group, (i) media content and (ii) respective playback timing information for synchronous playback of the media content between playback devices of the synchrony group; after a first playback device with a different capability than at least one other playback device of the synchrony group has joined the synchrony group, begin to operate in a second mode wherein the computing device is responsible for causing one or more of the playback devices of the synchrony group to modify playback of the media content based on a respective playback device capability in order to maintain synchrony of playback of the media content between the playback devices of the synchrony group; and while operating in the second mode, (i) determine a modified sample rate at which the first playback device is to play back the media content to maintain synchrony of playback of the media content between the playback devices of the synchrony group, and (ii) cause the first playback device to play back the media content at the modified sample rate.
6. The computing device of claim 5, wherein the program instructions that are executable by the at least one processor such that the computing device is configured to cause the first playback device to play back the media content at the modified sample rate comprise program instructions that are executable by the at least one processor such that the computing device is configured to: modify the sampling rate of the media content based on the modified sample rate; and transmit the media content with the modified sample rate to the first playback device.
7. The computing device of claim 1, wherein the program instructions that are executable by the at least one processor such that the computing device is configured to cause the first playback device to play back the media content at the modified sample rate comprise program instructions that are executable by the at least one processor such that the computing device is configured to: determine a computational capability of the first playback device; and cause the first playback device to play back the media content at the modified sample rate based on the determined computational capability of the first playback device.
1, 14, 18. A computing device comprising: at least one processor; at least one non-transitory computer-readable medium; and program instructions stored on the at least one non-transitory computer-readable medium that, when executed by the at least one processor, cause the computing device to: receive, from a media source, media content for synchronous playback by a synchrony group that comprises a first playback device and at least one other playback device; determine whether a computing capability of the first playback device fails to meet one or both of (i) a first threshold for computing capability or (ii) a second threshold for computing capability that is greater than the first threshold for computing capability; after a determination that the computing capability of the first playback device fails to meet the first threshold for computing capability: determine a first modified sample rate at which the first playback device is to play back the media content to maintain synchrony of playback of the media content between the playback devices of the synchrony group; and transmit the media content at the first modified sample rate to the first playback device, thereby causing the first playback device to play back the media content at the first modified sample rate; and after a determination that the computing capability of the first playback device fails to meet the second threshold for computing capability: determine a second modified sample rate of the media content at which the first playback device is to play back the media content to maintain synchrony of playback of the media content between the playback devices of the synchrony group; transmit the media content at an unmodified sample rate to the first playback device; and transmit playback instructions to the first playback device that cause the first playback device to (i) modify the media content according to the second modified sample rate and (ii) play back the modified media content at the second modified sample rate.
Similar scope
2, 13, 20. The computing device of claim 1, wherein the computing device is configured to (i) communicate with playback devices of a media playback system comprising the playback devices of the synchrony group but (ii) not play back media content in synchrony with the playback devices of the synchrony group.
5, 16. The computing device of claim 1, wherein the computing device is configured to (i) communicate with playback devices of a media playback system comprising the playback devices of the synchrony group but (ii) not play back media content in synchrony with the playback devices of the synchrony group.
Similar scope
3, 14. The computing device of claim 2, wherein the computing device is a remote computing device.
6. The computing device of claim 5, wherein the computing device is a remote computing device.
Similar scope
4, 15. The computing device of claim 1, wherein the computing device is a playback device of the synchrony group, the computing device further comprising program instructions stored on the at least one non-transitory computer-readable medium that are executable by the at least one processor such that the computing device is configured to: play back media content in synchrony with the playback devices of the synchrony group.
3. The computing device of claim 1, wherein the computing device comprises a second playback device of the synchrony group.
4, 15. The computing device of claim 3, further comprising program instructions stored on the at least one non-transitory computer-readable medium that, when executed, cause the computing device to: play back the media content in synchrony with the first playback device.
Similar scope
9. The computing device of claim 1, wherein the modified sample rate of the media content is not an integer multiple of an initial sample rate of the media content.
11, 19. The computing device of claim 1, wherein one or both of the first and second modified sample rates are not an integer multiple of the unmodified sample rate.
Similar scope
Claims 1, 5, 14, 16, 18, 19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 2, 9, 11, 12, 18 of U.S. Patent No. 11809778. Although the claims at issue are not identical, they are not patentably distinct from each other because:
Instant Application
U.S. Patent No. 11809778
1, 14, 18. A computing device comprising: at least one processor; at least one non-transitory computer-readable medium; and program instructions stored on the at least one non-transitory computer-readable medium that, when executed by the at least one processor, cause the computing device to: receive, from a media source, media content for synchronous playback by a synchrony group that comprises a first playback device and at least one other playback device; determine whether a computing capability of the first playback device fails to meet one or both of (i) a first threshold for computing capability or (ii) a second threshold for computing capability that is greater than the first threshold for computing capability; after a determination that the computing capability of the first playback device fails to meet the first threshold for computing capability: determine a first modified sample rate at which the first playback device is to play back the media content to maintain synchrony of playback of the media content between the playback devices of the synchrony group; and transmit the media content at the first modified sample rate to the first playback device, thereby causing the first playback device to play back the media content at the first modified sample rate; and after a determination that the computing capability of the first playback device fails to meet the second threshold for computing capability: determine a second modified sample rate of the media content at which the first playback device is to play back the media content to maintain synchrony of playback of the media content between the playback devices of the synchrony group; transmit the media content at an unmodified sample rate to the first playback device; and transmit playback instructions to the first playback device that cause the first playback device to (i) modify the media content according to the second modified sample rate and (ii) play back the modified media content at the second modified sample rate.
1, 11, 18. A computing system comprising: a communication interface configured to facilitate communication via at least one data network; at least one processor; at least one non-transitory computer-readable medium; program instructions stored on the at least one non-transitory computer-readable medium that are executable by the at least one processor such that the computing system is configured to: after receipt of a request to initiate synchronous playback of media content on a plurality of playback devices via the communication interface, obtain the media content from a media source; generate respective playback timing information that is to be used by each of the plurality of playback devices to play back the media content in synchrony; transmit, via the communication interface, the media content and the respective playback timing information to each of the plurality of playback devices for playback of the media content in synchrony; while the plurality of playback devices play back the media content in synchrony and after receipt of respective playback rate information from each of the plurality of playback devices indicative of a rate of playback of the media content by the playback device, identify a variance between a first playback rate of a first playback device of the plurality of playback devices and a second playback rate of a second playback device of the plurality of playback devices, wherein the second playback rate matches a reference playback rate; determine a modified sample rate of the media content for the first playback device based on the respective playback rate information of the first and second playback devices and the reference playback rate; and cause the first playback device to play back the media content at the modified sample rate to maintain synchrony of playback of the media content between the plurality of playback devices.
5, 16. The computing device of claim 1, wherein the computing device is configured to (i) communicate with playback devices of a media playback system comprising the playback devices of the synchrony group but (ii) not play back media content in synchrony with the playback devices of the synchrony group.
9. The computing system of claim 1, wherein the computing system does not play back the media content.
11, 19. The computing device of claim 1, wherein one or both of the first and second modified sample rates are not an integer multiple of the unmodified sample rate.
2, 12. The computing system of claim 1, wherein the modified sample rate of the media content is not an integer multiple of an initial sample rate of the media content.
Claim Rejections - 35 USC § 103
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 1-11, 14-19 are rejected under 35 U.S.C. 103 as being unpatentable over Kadri (U.S. Patent: 9967689) in view of Leonard (U.S. Patent Application: 20180308518).
As per Claim 1, Kadri discloses a computing device comprising:
at least one processor; at least one non-transitory computer-readable medium; and program instructions stored on the at least one non-transitory computer-readable medium that, when executed by the at least one processor (Kadri, Col.4, Line:33-41, the processor 202 may be a clock-driven computing component configured to process input data according to instructions stored in the memory 206. The memory 206 may be a tangible computer-readable medium configured to store instructions executable by the processor 202. For instance, the memory 206 may be data storage that can be loaded with one or more of the software components 204 executable by the processor 202 to achieve certain functions.), cause the computing device to:
receive, from a media source, media content for synchronous playback by a synchrony group that comprises a first playback device and at least one other playback device (Kadri, Col.9, Line:21-24, Once grouped, playback devices in the zones that have been grouped with the particular zone will be configured to play audio content in synchrony with the playback device(s) in the particular zone, Col.2, Line:14-17, a playback device within a media playback system may have access to numerous content sources, such as audio and video streaming services, content libraries, and local device storage, Col.5, Line:42-47, the playback device 200 may be configured to receive audio content over the data network from one or more other playback devices in communication with the playback device 200, network devices within a local area network, or audio content sources over a wide area network such as the Internet);
determine whether a computing capability of the first playback device fails to meet one or both of (i) a first threshold for computing capability (Kadri, Col.2, Line:36-42, The playback device may then determine that the value of the audio characteristic does not match the capability of the playback device. In other words, the playback device may determine that it, either alone or in combination with other playback devices in the media playback system, has the capability to play back an improved version of the audio content, Col.19, Line:2-6, the values of the audio characteristics such as sample rate and/or bit depth may have minimum thresholds below, Col.2, Line:57-62, the playback device includes a capability corresponding to the audio characteristic, Col.13, Line:61-65, for sample rate 701b, the capability of the playback device 108 is 44.1 kHz 703b, and for number of channels, the capability is 1 (mono) 703c. In each instance, the listed capability of the playback device 108 may generally correspond to the highest quality audio that the playback device 108 can play.) or (ii) a second threshold for computing capability that is greater than the first threshold for computing capability;
after a determination that the computing capability of the first playback device fails to meet the first threshold for computing capability (Kadri, Col.2, Line:33-39, the playback device may identify the value of one or more audio characteristics of the first version of the audio content, such as the audio characteristics discussed above. The playback device may then determine that the value of the audio characteristic does not match the capability of the playback device, Col.14, Line:11-18, the playback device 108 may determine that the bit depth 701a of the first version of the audio content 601, namely, 8 bit 702a, does not match the capability, 16 bit 703a, of the playback device 108. The playback device may make a similar determination regarding the sample rate 701b, as 32 kHz 702b is also below the 44.1 kHz 703b capability.): determine a first modified sample rate at which the first playback device is to play back the media content to maintain synchrony of playback of the media content between the playback devices of the synchrony group (Kadri, Col, Line: the second version of the audio content 602 includes the audio characteristic having a second value, and the second value of the audio characteristic is closer to the capability of the playback device 108. The example shown in FIG. 7 is illustrative. As noted above, the capability of the playback device 108 with respect to both bit depth 701a and sample rate 701b exceeds the values of those two audio characteristics for the first version of the audio content 601. However, the playback device 108 identifies a second version of the audio content 602 that, although it is the same song by the same artist, has a bit depth 701a with a second value of 16 bit 704a, and a sample rate 701b with a second value of 44.1 kHz 704b. Thus, the playback device 108 has identified a higher-quality version of the same audio content, the playback of which may enhance the listening experience., Col.7, Line:4-13, In the living room zone, playback devices 104, 106, 108, and 110 may be configured to play audio content in synchrony as individual playback devices, as one or more bonded playback devices, as one or more consolidated playback devices, or any combination thereof. Similarly, in the case of the master bedroom, playback devices 122 and 124 may be configured to play audio content in synchrony as individual playback devices, as a bonded playback device, or as a consolidated playback device.);and after a determination that the computing capability of the first playback device fails to meet the second threshold for computing capability: determine a second modified sample rate of the media content at which the first playback device is to play back the media content to maintain synchrony of playback of the media content between the playback devices of the synchrony group; transmit the media content at an unmodified sample rate to the first playback device; and transmit playback instructions to the first playback device that cause the first playback device to (i) modify the media content according to the second modified sample rate and (ii) play back the modified media content at the second modified sample rate.
However Kadri does not disclose transmit the media content at the first modified sample rate to the first playback device.
Leonard discloses causing the first playback device to play back the media content at the first modified sample rate (Leonard, Para.194, the first digital audio workstation 608 may cause the digital audio file 604 to play at a second clock frequency that is different from the first clock frequency that should be used for normal playback to preserve the proper frequency characteristics of the music represented by the digital audio file 604. The second clock frequency can be higher or lower than the first clock frequency. However, in one or more embodiments the second clock frequency is greater than the first clock frequency. Illustrating by example, in one or more embodiments the first digital audio workstation 608 may set the metadata 617 of the digital audio file 604 to indicate a second clock frequency for playback that is double the first clock frequency); transmit the media content at the first modified sample rate to the first playback device (Leonard, Paara.221, the server complex 802 makes the modified digital audio file available to the remote electronic device 801… the server complex 802 simply transmits the modified digital audio to the remote electronic device 801 across the network 803. In another embodiment, the server complex 802 delivers the modified digital analog file to a cloud server that is accessible by the remote electronic device 801, Para.219, the server complex 802 includes multiple digital audio workstations, the server complex 802 can optionally synchronize delivery of the analog signal to the one or more analog processors and the conversion of the analog signal to the modified digital audio file. At step 812, an analog-to-digital converter of the server complex 802 converts the modified analog audio signal to a modified digital audio file, Para.194, the first digital audio workstation 608 may cause the digital audio file 604 to play at a second clock frequency that is different from the first clock frequency that should be used for normal playback to preserve the proper frequency characteristics of the music represented by the digital audio file 604. The second clock frequency can be higher or lower than the first clock frequency. However, in one or more embodiments the second clock frequency is greater than the first clock frequency. Illustrating by example, in one or more embodiments the first digital audio workstation 608 may set the metadata 617 of the digital audio file 604 to indicate a second clock frequency for playback that is double the first clock frequency).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the teachings as in Kadri with the teachings as in Leonard. The motivation for doing so would have been for implementing systems and methods that are provided herein for processing audio to bring the volume levels up to today's very loud digital levels (or louder) while reducing distortion and retaining more volume dynamics (Leonard, Para.3)
With respect to Claim 14, 18 substantially similar to Claim 1 and are rejected in the same manner, the same art and reasoning applying.
As per Claim 2, Kadri in view of Leonard discloses the computing device of claim 1, wherein the unmodified sample rate comprises a sample rate of the media content as played back by a second playback device of the synchrony group (Kadri, Col.16, Line:58-6, causing playback of the second version of the audio content 602 may include causing playback by a second playback device in the media playback system 100, Col.17, Line:40-47 the playback device 108 may identify a second playback device within the media playback system 100, such as the playback device 112, that has capabilities that meet or exceed these values. The playback device 108 may cause an indication to be displayed on a control device 300 that a higher quality version the audio content has been identified and can be played back on the playback device 112.).
As per Claim 3, Kadri in view of Leonard discloses the computing device of claim 1, wherein the computing device comprises a second playback device of the synchrony group (Kadri, Col.17, Line:12-20, the playback device 108 may determine that the value of the audio characteristic of the first version of the audio content 601 does not match the capability of the second playback device 104, and then identify a second version of the audio content 602 to match the capability of the second playback device 104. The playback device 104 may then play the second version of the audio content 602 in synchrony with the playback of the first version of the audio content 601 by the playback device 108.).
As per Claim 4, Kadri in view of Leonard discloses the computing device of claim 3, further comprising program instructions stored on the at least one non-transitory computer-readable medium that, when executed, cause the computing device to: play back the media content in synchrony with the first playback device (Kadri, Col.7, Line:4-9, In the living room zone, playback devices 104, 106, 108, and 110 may be configured to play audio content in synchrony as individual playback devices, as one or more bonded playback devices, as one or more consolidated playback devices, or any combination thereof, Col.17, Line:17-20, The playback device 104 may then play the second version of the audio content 602 in synchrony with the playback of the first version of the audio content 601 by the playback device 108, Col.16, Line:53-57, he first playback device 108 may transmit a message to the first source 603 indicting that the first playback device 108 is retrieving a higher quality version of the audio content from a different source.).
With respect to Claim 15 is substantially similar to Claim 3, 4 and is rejected in the same manner, the same art and reasoning applying.
As per Claim 5, Kadri in view of Leonard discloses the computing device of claim 1, wherein the computing device is configured to (i) communicate with playback devices of a media playback system comprising the playback devices of the synchrony group (Kadri, Col.16, Line:14-17, The paired playback devices (also referred to as “bonded playback devices”, Col.7, Line:1-9, the balcony, dining room, kitchen, bathroom, office, and bedroom zones each have one playback device, while the living room and master bedroom zones each have multiple playback devices. In the living room zone, playback devices 104, 106, 108, and 110 may be configured to play audio content in synchrony as individual playback devices, as one or more bonded playback devices, as one or more consolidated playback devices, or any combination thereof.) may further play audio content in synchrony with other playback devices.) but (ii) not play back media content in synchrony with the playback devices of the synchrony group (Kadri, Col.8, Line:39-44, The configuration changes may include adding/removing one or more playback devices to/from a zone, adding/removing one or more zones to/from a zone group, forming a bonded or consolidated player, separating one or more playback devices from a bonded or consolidated player, among others, Col.7, Line:51-61, different playback zones of the media playback system 100 may be dynamically combined into zone groups or split up into individual playback zones. For instance, the dining room zone and the kitchen zone 114 may be combined into a zone group for a dinner party such that playback devices 112 and 114 may render audio content in synchrony. On the other hand, the living room zone may be split into a television zone including playback device 104, and a listening zone including playback devices 106, 108, and 110, if the user wishes to listen to music in the living room space while another user wishes to watch television.).
With respect to Claim 16 is substantially similar to Claim 5 and is rejected in the same manner, the same art and reasoning applying.
As per Claim 6, Kadri in view of Leonard discloses the computing device of claim 5, wherein the computing device is a remote computing device (Kadri, Col.7, Line:34-44, the zone configurations of the media playback system 100 may be dynamically modified, and in some embodiments, the media playback system 100 supports numerous configurations. For instance, if a user physically moves one or more playback devices to or from a zone, the media playback system 100 may be reconfigured to accommodate the change(s). For instance, if the user physically moves the playback device 102 from the balcony zone to the office zone, the office zone may now include both the playback device 118 and the playback device 102.).
As per Claim 7, Kadri in view of Leonard discloses the computing device of claim 1, wherein the computing capability comprises a first computing capability, and wherein the computing device has a second computing capability that meets or exceeds the first and second thresholds for computing capability (Kadri, Col.17, Line:34-47, the playback device 108 may identify a second playback device within the media playback system 100, such as the playback device 112, that has capabilities that meet or exceed these values. The playback device 108 may cause an indication to be displayed on a control device 300 that a higher quality version the audio content has been identified and can be played back on the playback device 112.).
As per Claim 8, Kadri in view of Leonard discloses the computing device of claim 1, wherein the second modified sample rate is different from the first modified sample rate (Kadri, Col.14, Line:34-53, the playback device 108 identifies a second version of the audio content 602 that, although it is the same song by the same artist, has a bit depth 701a with a second value of 16 bit 704a, and a sample rate 701b with a second value of 44.1 kHz 704b, Col.13, Line:13-17, the playback device 108 identifies a first value of 8-bit 702a, also shown in FIG. 7. Similarly, the playback device 108 identifies a first value of 32 kHz 702b for the sample rate 702a, and a first value of 1 (mono) 702c for the number of channels 701c.).
As per Claim 9, Kadri in view of Leonard discloses the computing device of claim 1, wherein the first and second thresholds for computing capability each comprise one or more of (i) a threshold computational capability (Kadri, Col.17, Line:34-44, the playback device 108 may identify a second version of the audio content 602 that exceeds the audio quality that the playback device 108 is capable of playing, as shown in FIG. 6. For example, the playback device 108 may identify a second version the audio content that includes a bit depth of 24 bit and a sample rate of 48 kHz. Additionally, the playback device 108 may identify a second playback device within the media playback system 100, such as the playback device 112, that has capabilities that meet or exceed these values.),(ii) a threshold volatile memory capability, (iii) a threshold non-volatile memory capability, (iv) or combinations thereof.
As per Claim 10, Kadri in view of Leonard discloses the computing device of claim 9, wherein each threshold computational capability comprises one or more of (i) a threshold processing capability (Kadri, Col.17, Line:34-44, the playback device 108 may identify a second version of the audio content 602 that exceeds the audio quality that the playback device 108 is capable of playing, as shown in FIG. 6. For example, the playback device 108 may identify a second version the audio content that includes a bit depth of 24 bit and a sample rate of 48 kHz. Additionally, the playback device 108 may identify a second playback device within the media playback system 100, such as the playback device 112, that has capabilities that meet or exceed these values.), (ii) a threshold core-count, (iii) a threshold rate of floating-point operations, (iv) a threshold processing clock speed (), (v) a threshold cache size, or (vi) combinations thereof, wherein each threshold volatile memory capability comprises one or more of (i) a threshold volatile-memory capacity, (ii) a threshold volatile-memory bandwidth, (iii) a threshold volatile-memory clock speed, or (iv) combinations thereof, and wherein each threshold non-volatile memory capability comprises one or more of (i) a threshold non-volatile-memory capacity, (ii) a threshold non-volatile-memory bandwidth, (iii) a threshold non-volatile-memory clock speed, or (iv) combinations thereof.
With respect to Claim 17 is substantially similar to Claim 10 and is rejected in the same manner, the same art and reasoning applying.
As per Claim 11, Kadri in view of Leonard discloses the computing device of claim 1, wherein one or both of the first and second modified sample rates are not an integer multiple of the unmodified sample rate (Kadri, Col.13, Line:61-62, for sample rate 701b, the capability of the playback device 108 is 44.1 kHz 703b, Kadri, Col.14, Line:14-15, the sample rate 701b, as 32 kHz 702b is also below the 44.1 kHz 703b capability)
With respect to Claim 19 is substantially similar to Claim 11 and is rejected in the same manner, the same art and reasoning applying.
Claims 12, 13, 20 are rejected under 35 U.S.C. 103 as being unpatentable over Kadri (U.S. Patent: 9967689) in view of Leonard (U.S. Patent Application: 20180308518) and further in view of Doerbecker (U.S. Patent Application: 20160321028).
As per Claim 12, Kadri in view of Leonard discloses the computing device of claim 1, wherein the program instructions that, when executed by the at least one processor, cause the computing device to determine the first modified sample rate comprise program instructions that, when executed by the at least one processor.
However Kadri in view of Leonard does not disclose using asynchronous sample rate conversion, determine the first modified sample rate for playing back the media content.
Doerbecker discloses using asynchronous sample rate conversion, determine the first modified sample rate for playing back the media content (Doerbecker, Para,63, process 700 may continue at operation 706, “Modify Sample Rate”, where a sample or sampling rate such as a capture sample rate may be modified or adjusted based on the conversion ratio generated at operation 705. The sample rate may be modified using any suitable technique or techniques. For example, with reference to FIG. 6, asynchronous sample rate converter 601 may interpolate or decimate the audio capture signal between capture driver 104 and buffer 109 based on conversion ratio 604. Although discussed herein with respect to a modification of a capture sample rate, system 600 may adjust for the discussed clock skew using any suitable timing modification between capture device 110 and playback device 111 such as a modification of a playback sample rate or the like.).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the teachings as in Kadri, Leonard with the teachings as in Doerbecker. The motivation for doing so would have been for efficiently synchronize input audio signals and output audio signals in audio transmission system contexts. It is with respect to these and other considerations that the present improvements have been needed. Such improvements may become critical as the desire to provide high quality image processing and computer visions becomes more widespread. (Doerbecker, Para.3)
With respect to Claim 20 is substantially similar to Claim 12 and is rejected in the same manner, the same art and reasoning applying.
As per Claim 13, Kadri in view of Leonard discloses the computing device of claim 1, wherein the program instructions that, when executed by the at least one processor, cause the computing device to determine the second modified sample rate comprise program instructions that, when executed by the at least one processor.
However Kadri in view of Leonard does not disclose using asynchronous sample rate conversion, determine the second modified sample rate for playing back the media content.
Doerbecker discloses using asynchronous sample rate conversion, determine the second modified sample rate for playing back the media content (Doerbecker, Para,63, process 700 may continue at operation 706, “Modify Sample Rate”, where a sample or sampling rate such as a capture sample rate may be modified or adjusted based on the conversion ratio generated at operation 705. The sample rate may be modified using any suitable technique or techniques. For example, with reference to FIG. 6, asynchronous sample rate converter 601 may interpolate or decimate the audio capture signal between capture driver 104 and buffer 109 based on conversion ratio 604. Although discussed herein with respect to a modification of a capture sample rate, system 600 may adjust for the discussed clock skew using any suitable timing modification between capture device 110 and playback device 111 such as a modification of a playback sample rate or the like.).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the teachings as in Kadri, Leonard with the teachings as in Doerbecker. The motivation for doing so would have been for efficiently synchronize input audio signals and output audio signals in audio transmission system contexts. It is with respect to these and other considerations that the present improvements have been needed. Such improvements may become critical as the desire to provide high quality image processing and computer visions becomes more widespread. (Doerbecker, Para.3)
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NORMIN ABEDIN whose telephone number is (571)270-5970. The examiner can normally be reached Monday to Friday from 10 am to 6 pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Vivek Srivastava can be reached at 5712727304. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/NORMIN ABEDIN/Primary Examiner, Art Unit 2449