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 § 103
1.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.
2. Claim(s) 1, 3-12, 14-15, 17, 19-23, 25-26 and 28-30 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bender et al. (US 20160044416).
Regarding claims 1, 17 and 26, Bender discloses a playback device comprising: at least one first audio transducer (Paragraph: 0035 and fig.2, 212: Bender discusses the speaker(s) which include an individual transducer (e.g., a “driver”) or a complete speaker system); a network interface (Paragraph: 0037: network interface); at least one processor (Paragraph: 0035: audio processing components or a digital signal processor (DSP)); and at least one non-transitory computer-readable medium comprising program instructions that are executable by the at least one processor such that the playback device is configured to: receive media content comprising immersive audio data for playback (Paragraphs: 0039, 0041 and fig.2, 200: Bender discusses how a playback device enhancing a stereo effect of the audio content); determine a position of the playback device relative to a wearable playback device (Paragraph: 0041 and fig.2, 200: a playback device may include a wired or wireless headphone); determine, based on the received immersive audio data and the determined position, primary audio content and auxiliary audio content comprising spatial effects associated with the primary audio (Paragraphs: 0025, 0044 and 0039: Bender discusses how a playback zone play the same audio content in synchrony with another playback zone, wherein the user in the office zone playing the same rock music that is being playing by playback device in the balcony zone; and how playback device also play a left channel audio component, while the other playback device configured to play a right channel audio component, thereby producing or enhancing a stereo effect of the audio content); stream, via the network interface to the wearable playback device (Paragraph: 0041: a playback device include a wired or wireless headphone), the auxiliary audio content, wherein the wearable playback device comprises at least one second audio transducer (Paragraphs: 0041, 0044 and 0061: Bender discusses how a rock music that is being playing by playback device in the balcony zone and how a new playback zone may be created for the particular area; Bender also discusses how a playback device include a wired or wireless headphone, i.e. the wearable playback device);
Bender discloses the invention set forth above but does not specifically mentioning “play back at least a portion of the primary audio content out loud via the at least one first audio transducer concurrently with playback of the auxiliary audio content via the at least one second audio transducer of the wearable playback device”
Bender however discloses how the user enjoys the audio content that is being played out-loud while moving between different playback zones; and how the playback device control commands such as volume control; and audio playback control to be communicated from the control device to a playback device via the network interface. Bender also discusses how playback device configured to play a left channel audio component, while the other playback device configured to play a right channel audio component, (Bender: Paragraphs: 0039, 0044 and 0050).
It would have been obvious to one of ordinary skill in the art to interpret “the playback devices such as speakers or transducers at various zones, playing the audio content played out-loud while moving between different playback zones; and the playback device control commands such as volume control; and audio playback control to be communicated from the control device to a playback device via the network interface” as “Playback at least a portion of the primary audio content out loud via the at least one first audio transducer concurrently with playback of the auxiliary audio content via the at least one second audio transducer of the wearable playback device” as disclosed by Bender, thus producing or enhancing stereo effect of the audio content, as disclosed by Bender.
Considering claims 3, 19 and 28, Bender discloses the playback device of claim 1, 17 and 26, wherein the spatial effects comprise directional sounds, and wherein the program instructions that are executable by the at least one processor such that the playback device is configured to determine the auxiliary audio content comprise program instructions that are executable by the at least one processor such that the playback device is configured to: when a directional sound corresponds to the position of the playback device relative to the wearable playback device, include the directional sound in the auxiliary audio (Paragraphs: 0019, 0044 and 0072: Bender discusses how application is directed to providing media content based on playback zone; and how the zone data may include, “Kitchen,” “Office,” “Bedroom,” “Gym,” and so on).
Considering claims 4, 20 and 29, Bender discloses the playback device of claims 1, 17 and 26, wherein the spatial effects content comprise audio objects, and wherein the program instructions that are executable by the at least one processor such that the playback device is configured to determine the auxiliary audio content (Paragraphs: 0095-0096: the computing device identifying media content based on the zone data) comprise program instructions that are executable by the at least one processor such that the playback device is configured to: map one or more audio objects to the auxiliary audio content when the position of the playback device relative to the wearable playback device corresponds to a location of the audio object (Paragraphs: 0091 and 0096: Bender discusses how the system playing media content based on location information).
Considering claims 5, Bender discloses the playback device of claim 1, wherein the media content comprises first audio channels and second audio channels, and wherein the program instructions that are executable by the at least one processor such that the playback device is configured to determine the auxiliary audio content (Paragraphs: 0095-0096) comprise program instructions that are executable by the at least one processor such that the playback device is configured to: map the second audio channels to the auxiliary audio content (Paragraphs:0032 and 0039).
Considering claim 6, 21 and 30, Bender discloses the playback device of claim 1, 17 and 26, wherein the program instructions that are executable by the at least one processor such that the playback device is configured to determine the auxiliary audio content comprise program instructions that are executable by the at least one processor such that the playback device is configured to: scale relative volume levels between the primary audio content and the auxiliary audio content based on the position of the playback device relative to the wearable playback device, wherein the relative volume level of the auxiliary audio content increases as distance between playback device and the wearable playback device increases (Paragraphs: 0050, 0059 and 0089: Bender discusses how the playback system controller application software, control commands such as volume control and audio playback control may also be communicated from the control device to a playback device via the network interface).
Considering claim 7, Bender discloses the playback device of claim 1, wherein the at least one non-transitory computer-readable medium further comprises program instructions that are executable by the at least one processor such that the playback device is configured to: receive data indicating that a configuration of the wearable playback device, the configuration including a type and capabilities of the wearable playback device (Paragraphs: 0041 and 0084: media playback system via a headphone connected to the controller device), wherein the program instructions that are executable by the at least one processor such that the playback device is configured to determine the auxiliary audio content comprise program instructions that are executable by the at least one processor such that the playback device is configured to: select portions of the received media content for the auxiliary audio content based on the type and capabilities of the wearable playback device (Paragraphs: 0084 and 0092).
Considering claim 8, Bender discloses the playback device of claim 1, wherein the wearable playback device comprises a wireless headphone, and wherein the program instructions that are executable by the at least one processor such that the playback device is configured to select portions of the received media content for the auxiliary audio content (Paragraphs: 0015-0016: Bender discusses a selection of audio content to the media playback system) comprise program instructions that are executable by the at least one processor such that the playback device is configured to: determine particular auxiliary audio content for playback by the wireless headphone (Paragraphs: 0041 and 0056).
Considering claim 9, Bender discloses the playback device of claim 1, wherein the media content comprises first channels and second channels, and wherein the program instructions that are executable by the at least one processor such that the playback device is configured to play back at least the portion of the primary audio content out loud comprise program instructions that are executable by the at least one processor such that the playback device is configured to: play back the first channels out loud via the at least one first audio transducer (Paragraphs: 0039, 0044 and 0050); send, via the network interface to one or more additional playback devices, data representing the second channels, wherein the one or more additional playback devices comprise additional audio transducers; and cause, via the network interface, the one or more additional playback devices to play back the second channels out loud via the additional audio transducers in synchrony with playback of the first channels (Paragraphs: 0033, 0039 and 0044: synchronizing playback of audio content with one or more other playback devices; and audio content that is being played out-loud while moving between different playback zones).
Considering claims 10 and 22, Bender discloses the playback device of claims 1 and 17, wherein the program instructions that are executable by the at least one processor such that the playback device is configured to determine the position of the wearable playback device relative to the playback device (Paragraphs: 0041 and 0084) comprise program instructions that are executable by the at least one processor such that the playback device is configured to: receive image data from a camera; and determine the position of the wearable playback device relative to the playback device based on the image data from the camera (Paragraphs: 0041 and 0046 a playback device may be integral to another device or component such as a television, or some other device for indoor or outdoor use).
Considering claims 11 and 23, Bender discloses the playback device of claims 1 and 17, wherein the program instructions that are executable by the at least one processor such that the playback device is configured to determine the position of the wearable playback device relative to the playback device comprise program instructions that are executable by the at least one processor such that the playback device is configured to: receive audio data from a microphone (Paragraphs: 0078 and 0080); and determine the position of the wearable playback device relative to the playback device based on the audio data from the microphone (Paragraphs: 0041 and 0052).
Considering claim 12, Bender discloses the playback device of claim 11, wherein the wearable playback device comprises the microphone (Paragraphs: 0024, 0078 and 0080).
Considering claims 14 and 25, Bender discloses the playback device of claims 1 and 17, wherein the program instructions that are executable by the at least one processor such that the playback device is configured to receive the media content comprises program instructions that are executable by the at least one processor such that the playback device is configured to: receive the media content from the wearable playback device via the network interface (Paragraphs: 0029 and 0037-0038: the network interface facilitate a data flow between the playback device).
Considering claim 15, Bender discloses the playback device of claim 1, wherein the playback device is integral to a television (Paragraph: 0041: a playback device may be integral to the device or component such as a television).
3. Claim(s) 2, 13, 18, 24 and 27 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bender et al. (US 20160044416) in view of Millington et al. (US 20130094667).
Considering claims 2, 18 and 27, Bender fail to disclose claims 2, 18 and 27. Millington however discloses the playback device of claims 2, 18 and 27, wherein the determined position indicates that the playback device is behind the wearable playback device, wherein the spatial effects comprise surround effects, and wherein the media content comprises surround channels, and wherein the program instructions that are executable by the at least one processor such that the playback device is configured to determine the auxiliary audio content comprise program instructions that are executable by the at least one processor such that the playback device is configured to: determine the surround effects from the surround channels (Paragraphs: 0100-0102 and 0138: Millington discusses how the audio playback device, signals one or more other speakers (e.g., the subwoofer, the rear surround devices 608, 610) and/or one or more other group(s) to change to the audio information source according to the scene settings).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed before the effective filing date of the invention to modify the invention of Bender, and modify a system wherein the determined position indicates that the playback device is behind the wearable playback device, wherein the spatial effects comprise surround effects, and wherein the media content comprises surround channels, and wherein the program instructions that are executable by the at least one processor such that the playback device is configured to determine the auxiliary audio content comprise program instructions that are executable by the at least one processor such that the playback device is configured to: determine the surround effects from the surround channels, as taught by Millington, thus the audio playback device output device that generates audio signals based on a signal source and source command, as discussed by Millington
Considering claims 13 and 24, Millington further discloses the playback device of claims 1 and 17, further comprising a HDMI interface, wherein the program instructions that are executable by the at least one processor such that the playback device is configured to receive the media content for playback comprise program instructions that are executable by the at least one processor such that the playback device is configured to: receive the media content for playback via the HDMI interface (Paragraphs: 0030-0031: the device interface communicates with the television via a packet-based connection).
4. Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bender et al. (US 20160044416) in view of Gilley et al. (US 20080077881)
Considering claim 16, Bender fails to disclose claim 16. Gilley however discloses the playback device of claim 16, wherein the wearable playback device comprises an extended reality (XR) device (Paragraphs: 0075 and 0076: virtual reality devices, other wearable electronics).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed before the effective filing date of the invention to modify the invention of Bender, and modify a system wherein the wearable playback device comprises an extended reality (XR) device, as taught by Gilley, thus allow a user to interact with the device in a more efficient manner and with greater efficiency, as discussed by Gilley
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to YOSEF K LAEKEMARIAM whose telephone number is (571)270-5149. The examiner can normally be reached 9:30-6:30 M-F.
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YOSEF K. LAEKEMARIAM
Primary Examiner
Art Unit 2651
/YOSEF K LAEKEMARIAM/Primary Examiner, Art Unit 2691