DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Claims 1-2, 7-13, 15-17, 22-25 are pending.
Claim Objections
Claim(s) 4-6 is /are objected to because of the following informalities: Claim 4-6 are not present in the application and it is believed that these claims were cancelled along with claim 3. Appropriate correction is required.
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-2, 9, 311-13, 16-17, 22-25 is/are rejected under 35 U.S.C. 102(a1) as being anticipated by Henriksen et al (US Publication No. 2012/0029383 A1).
Regarding claims 1, 9, Henriksen teaches a hearing protection device (fig. 15) arranged to provide an acoustic barrier (202) and comprising a microphone (para. 0076; M2, inner microphone) arranged to measure sound behind the acoustic barrier, the hearing protection device being arranged: to determine whether a sound level characteristic of the sound measured by the microphone is above a predetermined threshold (para. 0076-0077; sound is unacceptably high); when the sound level characteristic measured by the microphone (M2) is above the predetermined threshold, to compare the sound level characteristic of the sound behind and outside the acoustic barrier (M1, external microphone) to determine an attenuation of the hearing protection device; and to provide an alert (para. 0076-0077; alert/warning to the user) if said determined attenuation is below a cut-off level of attenuation.
Regarding claim 2, Henriksen teaches a hearing protection device as claimed in claim 1 comprising a second microphone (M1) arranged to measure sound outside the acoustic barrier (202).
Regarding claim 11, Henriksen teaches the hearing protection device, or system, as claimed in claim 1, arranged to provide the alert to an individual fitted with the hearing protection device (para. 0076-0077; alert or warning to user).
Regarding claim 12, Henriksen teaches an apparatus capable of performing a method for evaluating a fit-effectiveness of a hearing protection device (fig. 15) providing an acoustic barrier (202), comprising: measuring sound (M2) behind the acoustic barrier using a microphone; determining whether a sound level characteristic of the sound measured by the microphone is above a predetermined threshold (para. 0076-0077; sound is unacceptably high); when the sound level characteristic measured by the microphone (M2) is above the predetermined threshold, measuring sound outside the acoustic barrier; comparing the sound level characteristic of the sound behind and outside the acoustic barrier (M1, external microphone) to determine an attenuation of the hearing protection device; providing an alert (para. 0076-0077; alert/warning to the user) if said determined attenuation is below a cut-off level of attenuation.
Regarding claim 13, Henriksen teaches a system for evaluating an attenuation of a hearing protection device, the system comprising: a hearing protection device arranged to provide an acoustic barrier (202); a microphone (M2) arranged to measure sound behind the acoustic barrier; and a sound generator (SG, speaker) arranged to generate a test sound outside the acoustic barrier with a known sound characteristic; and a processor (211, electronics; E3, processor) arranged to compare repeatedly during normal use the test sound generated by the sound generator with the measured sound behind the acoustic barrier to determine an attenuation of the hearing protection device; the system being arranged to provide an alert (para. 0076-0077, alert/warning to the user) if the determined attenuation is below a cut off level of attenuation a processor arranged to compare the measured sound outside the acoustic barrier (M1, external microphone) with the measured sound behind the acoustic barrier to determine an attenuation of the hearing protection device when the sound level characteristic measured by the microphone is above a predetermined threshold: the system being arranged to provide an alert (para. 0076-0077, alert/warning to the user) if the determined attenuation is below a cut-off level of attenuation.
Regarding claim 16, Henriksen teaches the system as claimed in claims 13, wherein the microphone (M2)is arranged to measure a sound level characteristic behind the acoustic barrier and the system is arranged to determine said attenuation when said sound level characteristic behind the acoustic barrier exceeds a threshold internal sound level characteristic (para. 0076-0077; sound is unacceptably high).
Regarding claim 17, Henriksen teaches the system as claimed in claim 13, further comprising a second microphone (M1, external microphone) arranged to measure sound outside the acoustic barrier.
Regarding claim 22, Henriksen teaches the system as claimed in claim 13, comprising a sound generator (SG, speaker) arranged to generate a test sound outside the acoustic barrier with a known sound characteristic.
Regarding claim 23, Henriksen teaches the system as claimed in claim 22, wherein the sound generator (SG, speaker) is provided on the hearing protection device.
Regarding claim 24, Henriksen teaches the system as claimed in claim 22, wherein the system further comprises a second microphone (M1) arranged to measure sound outside the acoustic barrier, and the second microphone (M1) is arranged to measure the test sound generated by the sound generator (SG).
Regarding claim 25, Henriksen teaches the system as claimed in claim 24, wherein the processor (E3, processor) is arranged to compare the measured sound behind the acoustic barrier to the measured sound outside of the acoustic barrier when the sound generator is operative (para 0070-077, processor analyzes data from M1, M2 and SG).
Allowable Subject Matter
Claim(s) 7-8, 10, 15 is/are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
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September 26, 2025
/PHYLESHA DABNEY/Patent Examiner, Art Unit 2694
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