DETAILED ACTION
This is in response to Applicants Request for Continued Examination (RCE) filed 03/23/2026 which has been entered. Claims 1, 2, 7, 8, 11, 12, 17 and 18 have been amended. No Claims 10 and 20-30 have been cancelled. No Claims have been added. Claims 1-9, 11-19, 31 and 32 are still pending in this application, with Claims 1 and 11 being independent.
Response to Arguments
Applicant’s arguments with respect to Claim(s) 1-9, 11-19, 31 and 32 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Rejections - 35 USC § 102
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 2, 6, 9, 11, 12, 16, 19, 31 and 32 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Peterson et al (10,097,150 B1).
As per Claims 1 and 11, Peterson teaches a method and system comprising: input/output circuitry (Figure 1 – Reference 150; Column 4, Lines 30-37; Column 5, Lines 1-35); and processing circuitry (Figure 1 – Reference 122; Column 3, Lines 11-24; Column 4, Line 38-40); accessing a loudness policy for a designated area, wherein the loudness policy includes a maximum acceptable measured area sound level for the designated area (Column 13, Lines 15-61); selecting a measuring device, from a plurality of sound measuring devices, near the designated area (Figure 2 – References 202, 204, 206, 208, 210, 212 and 214; Figure 5; Column 2, Lines 55-61; Column 6, Lines 34-60; Column 7; Line 26 – Column 8, Line 3).
(Note: In Column 13, Lines 15-61; Peterson describes a setting used to establish a maximum volume for all sound within a given environment which are described as being among other things a personal residence or a particular room within the residence. In Column 2, Lines 55-61; and Column 6, Lines 34-60; Peterson describes client components as including but not limited to smart TV, laptops, smartwatches, tablets, smart appliances)
(Note: In Column 7; Line 26 – Column 8, Line 3; Peterson describes an environment where two users [A primary user watching television wearing a smart watch and a secondary user utilizing a tablet rendering multimedia] are in different rooms with competing audio. The smart watch is selected from the Smart TV, tablet and other devices within the environment to distinguish, identify and measure audio within the environment)
Peterson also teaches receiving, from the selected measuring device captured via a microphone of the selected measuring device, a measured area sound level for the designated area (Figure 9 – Reference 914; Column 6, Lines 59-65; Column 13, Lines 29-35); determining at least one sound device of a plurality of devices outputting sound that can be detected within the designated area (Figure 6 – References 602, 604 and 612; Column 8, Lines 39-53; Column 10, Line 49 – Column 11, Line 16).
(Note: In Column 6, Lines 59-65; Peterson indicates that the smart watch may sense audio output [e.g. from Smart TV] and determine the volume level of the audio at the user location. Peterson also indicates that the smart watch may provide a command to the smart TV to adjust the volume [i.e. increasing or decreasing volume] to a predefined volume level. In Column 13, Lines 29-35; Peterson describes user configurable settings for establishing max volume for sound associated with all devices in a personal residence or within a particular room)
(Note: In Column 8, Lines 39-53; Peterson describes receiving input from a microphone indicating sound is present within an environment. In; Column 10, Line 49 – Column 11, Line 16; Peterson describes providing commands that increase or decrease audio levels by at least one of: a predefined amount, to a user-defined optimal level and/or to increase audio at or above a threshold volume level)
Peterson further teaches determining if the measured area sound level for the designated area exceeds the maximum acceptable measured area sound level for the designated area (Figure 6 – References 608; Column 9, Lines 38-48); and based at least in part on determining the measured area sound level for the designated area exceeds the maximum acceptable measured area sound level, issuing a command to the at least one sound device of a plurality of devices to reduce intensity for the sound being output to below the maximum acceptable measured area sound level for the designated area (Figure 6 – References 614; Column 10, Lines 10-19).
(Note: In Column 9, Lines 38-48; Peterson describes determining whether audio meets a sound criterion [e.g. being above a first and/or second threshold level – a threshold decibel level and/or user-defined optimal volume level]. In Column 10, Lines 10-19; Peterson describes configuring audio output of devices at a user-defined optimal level [i.e. reduce intensity for the sound being output to below the maximum acceptable measured area sound level for the designated area] through commands and instructions)
As per Claims 2 and 12, Peterson teaches receiving, from the selected measuring device, a second sound level; determining whether the second sound level is equal to a predefined minimum threshold; and in response to determining that the second sound level is equal to the predefined minimum threshold, issuing a command to a second sound device, near the at least one sound device, to reduce intensity for a corresponding output sound as described in Claim 1 (See Figure 5; Column 7, Lines 26 – Column 8, Line 3).
(Note: In Column 7, Lines 26 – Column 8, Line 3; Peterson describes a user smart watch sending a command to reduce the sound associated with a second device [i.e. tablet] rendering multimedia audio that conflicts with the user watching video content on a television. The Examiner is considering the predefined minimum threshold as a volume level sufficient to impede the user watching TV to consume content without being disturbed by the tablet)
As per Claims 6 and 16, Peterson teaches wherein selecting the measuring device, from the plurality of sound measuring devices, near the at least one sound device comprises accessing data describing the output sound for the at least one sound device and a sample capture for each of the plurality of sound measuring devices (Figures 7 and 8; Column 11, Line 39 – Column 12, Line 57).
(Note: In Column 11, Line 39 – Column 12, Line 21; Peterson describes a graphical user interface [GUI] receiving a notification that another device is generating a sound [e.g. Sophie’s tablet computer is playing a video game which is determined through the device presenting the observed content/sound from sophies tablet [i.e. sample capture] and identification of the device based on network communication [i.e. data describing the output sound for the at least one sound device])
As per Claims 9 and 19, Peterson teaches wherein the command comprises an instruction to lower volume of the at least one sound device as described in Claim 1.
As per Claims 31 and 32, Peterson teaches wherein the designated area is one of: a room, a floor, an apartment, a dwelling, an office, a community, and a sub-community as described in Claim 1.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 3-5, 8, 13-15 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Peterson et al (10,097,150 B1) in view of PARK et al (2021/0026592 A1).
As per Claims 3 and 13, Peterson teaches the method of Claims 1 and 11; but does not teach wherein determining the at least one sound device, of the plurality of devices, is outputting a sound comprising accessing data describing a status for each of the plurality of devices. However, Park teaches wherein determining the at least one sound device, of the plurality of devices, is outputting a sound comprising accessing data describing a status for each of the plurality of devices (Figure 4 – State of Air Purifier).
It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the method and system taught by Peterson with the method and system taught by Park to leverage the capabilities of smart device to make context-aware adjustments that automatically adjust volume based on ambient noise levels ensuring audibility without being too loud.
As per Claims 4 and 14, the combination of Peterson and Park teaches wherein selecting the measuring device, from the plurality of sound measuring devices, near the designated area comprises accessing data describing a location for the at least one sound device and a location for each of the plurality of sound measuring devices (Park: Page 3, Paragraph [0058]).
(Note: In paragraph [0058], Park describes a home internet of things [IoT] environment with a plurality of zones. Park indicates that a robot cleaner, air purifier and smartphone are registered in an IoT server as being located in a living room and that a TV is connected to the robot cleaner, air purifier and smartphone)
It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the method and system taught by Peterson with the method and system taught by Park to leverage the capabilities of smart device to make context-aware adjustments that automatically adjust volume based on ambient noise levels ensuring audibility without being too loud.
As per Claims 5 and 15, the combination of Peterson and Park teaches wherein the data describing the location for the at least one sound device matches the corresponding location for the selected measuring devices as described in Claims 1 and 4 above. It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the method and system taught by Peterson with the method and system taught by Park to leverage the capabilities of smart device to make context-aware adjustments that automatically adjust volume based on ambient noise levels ensuring audibility without being too loud.
As per Claims 8 and 18 the combination of Peterson and Park teaches wherein the measured area sound level was calculated based on a measured intensity level of the sound and a known sensitivity of the microphone associated with the selected measuring device. (Note: The measurement of sound is noted in decibels [i.e. intensity level] as shown in Figures 4, 6 and 7 of Park)
It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the method and system taught by Peterson with the method and system taught by Park to leverage the capabilities of smart device to make context-aware adjustments that automatically adjust volume based on ambient noise levels ensuring audibility without being too loud.
Claim(s) 7 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Peterson et al (10,097,150 B1) in view of KUO (2021/0203753 A1).
As per Claims 7 and 17, the combination of Peterson teaches the method and system of Claims 1 and 11; but does not teach wherein the accessing the maximum acceptable measured area sound level of the designated area comprises selecting the maximum acceptable measured area sound level from a plurality of thresholds based on a corresponding day and time.
However, Kou teaches wherein the accessing the maximum acceptable measured area sound level of the designated area comprises selecting the maximum acceptable measured area sound level from a plurality of thresholds based on a corresponding day and time (Volume: Figures 3A and 3B; Page 2, Paragraph [0016]; Page 5, Paragraphs [0032] and [0033]). (Note: In paragraph [0016], Kuo describes a neural network model being tied to a corresponding day and time. Figures 3A and 3B is an illustration of the volumes being tied to day and time)
It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the method and system taught by Peterson with the method and system taught by Kuo to dynamically adjust user preference settings [e.g. volume] in response to observed user behavior during daily life activities to ensure that audio within a user environment is optimized.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. CHEN et al (2022/0141587 A1), Chen et al (2021/0349681 A1), Freiin von Kapri et al (2017/0048476 A1), Anders et al (2019/0349683 A1), Charlton et al (10,461,710 B1), Lee et al (2021/0392451 A1), BOSTICK et al (2019/0005937 A1), Keohane et al (2021/0091971 A1) and CHO et al (2017/0212649 A1). Each of these involves controlling smart devices in an internet of things (IoT) home environment.
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KHARYE POPE
Primary Examiner
Art Unit 2693
/KHARYE POPE/Primary Examiner, Art Unit 2693
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