…………………………………………………………………………………………………………………………02.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
Introduction
This action responds to the amendment filed on 05-26-2026. Claims 1, 7, 9, 10, 14-17, and 2-25 have been amended. Claim 20 has been canceled. Claims 26-27 have been added. Claims 1-19 and 21-27 are pending.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-13, 16-19, 21-26 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 1 limitation is recited " obtain a first input via the interface, wherein the first input is indicative of a presence of an event; obtain a first audio notification based on the first input indicative of the presence of the event, the first audio notification identifying a sound type associated with the event; and provide the first audio notification for transmission to the hearing protection apparatus to inform the user of the sound type associated with the event"
However, the specification does not discloses how "obtain a first audio notification based on the first input indicative of the presence of the event, the first audio notification identifying a sound type associated with the event; and provide the first audio notification for transmission to the hearing protection apparatus to inform the user of the sound type associated with the event" processing. It is not supported in the specification nor in any figures and any claim originary present.
Claims 14 and 27 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 14 limitation is recited " obtain a first input via the interface, wherein the first input is indicative of a presence of an event; obtain a first audio notification based on the first input indicative of the presence of the event, the first audio notification identifying a sound type associated with the event; and provide the first audio notification for transmission to the hearing protection apparatus to inform the user of the sound type associated with the event"
However, the specification does not discloses how "obtain a first audio notification based on the first input indicative of the presence of the event, the first audio notification identifying a sound type associated with the event; and provide the first audio notification for transmission to the hearing protection apparatus to inform the user of the sound type associated with the event" processing. It is not supported in the specification nor in any figures and any claim originary present.
Claim 16 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 16 limitation is recited " he communication device according wherein the first audio is a subset of pre-stored audio notifications that include a second audio notification, wherein the second audio notification is
However, the specification does not discloses how "the first audio notification is a subset of pre-stored audio notifications that include a second audio notification, wherein the second audio notification is based on the position data, and wherein the second audio notification comprises a directional notification that is based on the position data" processing. It is not supported in the specification nor in any figures and any claim originary present.
Claim Rejections - 35 USC § 103
4. In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
5. 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.
6. The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
7. Claims 1-19 and 21-25 are rejected under 35 U.S.C. 103(a) as being unpatentable over Awiszus et al. (US 2017/0372216) in view of Howes. (US 2016/0076858).
Consider Claim 1, Awisus teaches a communication device for a hearing protection apparatus(see fig. 1), wherein the hearing protection apparatus is configured for wear by a user(see fig. 2), the communication device comprising: a processing unit; a memory(see fig. 2); and an interface connected to the processing unit(see fig.8); wherein the processing unit of the communication device is configured to:
obtain a first input via the interface(see fig. 1); wherein the first input is indicative of a presence of an event(see figs. 2-6),
obtain a first audio notification (such as “snooze” an alter or alarm{0115])) based on the first input indicative of the presence of the event(see fig. 1) (see figs. 11-13)
first event data indicative of the event(see figs. 3-8 and paragraphs[0101]-[0125]), wherein the first event data is comprised in the first input or is based on an identification of the event(see figs. 8-21B and paragraphs[0139]-[0193]), wherein the first audio output signal comprises a first notification informing, the user of a type(such as alter or alarms or an ambient noise and see paragraphs[0161]-[0172])) of a sound associated with the event(see figs. 8-21B and paragraphs[0139]-[0193]); but Awisus does not explicitly teach that provide the first audio notification for transmission to the hearing protection apparatus, to inform the user of a type of a sound the sound type associated with the event.
However, Howes teaches to obtain a first input via the interface(see fig. 5(502)), wherein the first input is indicative of a presence of an event;
obtain a first audio output signal(gunshot(s)) based on
the first input indicative of the presence of the event(see fig. 5(502));
obtain a first audio notification(gunshot sound or voice command) based on the first input indicative of the presence of the event(gunfire), the first audio notification identifying a sound type( such as gunshot hit a target sound(scoring tone) or missing a target sound) associated with the event)(see figs. 1-5(530) and paragraphs[0015]-[0017]); and provide(see fig. 5) the first audio notification(gunshot sound or voice command) for transmission to the hearing protection apparatus(see fig. 1((102A, 102B)), to inform the user of a type of a sound the sound type(such as calibration tone) associated with the event(test gunshots)(see figs. 1-5(530) and paragraphs[0032]-[0045]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to combine the teaching of
Howes into the teaching of Awisus to provide a pair of hearing protection devices and a portable device. The hearing protection devices each include an electronic circuit that detects a gunshot and produces detection information characterizing the gunshot as detected. The difference between the detection information produced by the hearing protection devices worn in or over different ears of the shooter allows the portable devices to identify the gunshot as being fired by the shooter and subsequently prompt the shooter to give a voice command indicating the result of the gunshot to the portable device for the scoring without manual entry.
Consider Claims 2 and 3, Awisus as modified by Howes teaches the communication device wherein the interface comprises a hearing protection device interface for communication with the hearing protection device, and/or a radio unit interface for wireless communication with an external device(In Howes, see figs. 1-5 and paragraphs[0032]-[0045]); and the communication device wherein the interface comprises a radio unit interface, and wherein the first input comprises the first event data an identifier of the event, wherein the identifier is provisioned from a server device and received by the communication device via the radio unit interface (see figs. 3-8 and paragraphs[0101]-[0125]).
Consider Claims 4 and 5, Awisus as modified by Howes teaches the communication device wherein the first input comprises first audio input from a first microphone of the hearing protection apparatus(see figs. 8-21B and paragraphs[0183]-[0202]); and the communication device wherein the processing unit is configured to determine first event data identifying the even based on the first input(see figs. 3-8 and paragraphs[0101]-[0125]).
Consider Claims 6 and 7, Awisus as modified by Howes teaches the communication device wherein the processing unit is configured to: obtain a second input (see figs. 3-8 and paragraphs[0101]-[0125]); and the communication device wherein the interface comprises a radio unit interface, and wherein the processing unit is configured to obtain the second input provisioned by a server device and received by the communication device via the radio unit interface(see figs. 1-8 and paragraphs[0101]-[0125]).
Consider Claims 8 and 9, Awisus as modified by Howes teaches the communication device wherein the first input comprises a first audio input from a first microphone of the hearing protection apparatus, and wherein the second input comprises a second audio input from a second microphone received by the communication device (In Howes, see figs. 1-5 and paragraphs[0101]-[0125]); and The communication device according to claim 6, wherein the processing unit is configured to determine first event data based on the first input, and to determine second event data based on the second input, and wherein the first audio notification is based on both the first event data and the second event data(In Howes, see figs. 1-5 and paragraphs[0015]-[0031]).
Consider Claims 10 and 11, Awisus as modified by Howes teaches
the communication device wherein the processing unit is configured to: obtain a second audio output signal associated with the event; and provide the second audio output signal for transmission to the hearing protection device via the interface(In Howes, see figs. 1-5 and paragraphs[0032]-[0044]); and
the communication device wherein the processing unit is configured to: obtain position data, via the interface and/or from a position module of the communication device (see figs. 1-8 and paragraphs[0101]-[0125]).
Consider Claims 12 and 13, Awisus as modified by Howes teaches the communication device, wherein the position data comprises first direction data indicative of a first direction of the event. (see figs. 1-8 and paragraphs[0101]-[0125]); and The communication device according to claim 1, wherein the processing unit is configured to obtain the first audio notification from the memory based on an identifier representing the identification of the event(In Howes, see figs. 1-5 and paragraphs[0032]-[0045]).
Consider Claim 14, Awisus teaches a method performed by a communication device of a hearing protection apparatus(see fig. 1), the communication device comprising a processing unit, a memory, and an interface connected to the processing unit, the method comprising:
obtain a first input via the interface(see fig. 1); wherein the first input is indicative of a presence of an event(see figs. 2-8 and paragraphs[0101]-[0125]),
obtain a first audio output signal based on the first input indicative of the presence event(see figs. 3-8 and paragraphs[0101]-[0125]), wherein the first event data is comprised in the first input or is based on an identification of the event(see figs. 8-21B and paragraphs[0139]-[0193]), wherein the first audio output signal comprises a first notification informing, the user of a type(such as alter or alarms or an ambient noise and see paragraphs[0161]-[0172])) of a sound associated with the event(see figs. 8-21B and paragraphs[0139]-[0193]); obtain a first audio notification (such as “snooze” an alter or alarm{0115])) based on the first input indicative of the presence of the event(see fig. 1) (see figs. 11-13)
first event data indicative of the event(see figs. 3-8 and paragraphs[0101]-[0125]), wherein the first event data is comprised in the first input or is based on an identification of the event(see figs. 8-21B and paragraphs[0139]-[0193]), wherein the first audio output signal comprises a first notification informing, the user of a type(such as alter or alarms or an ambient noise and see paragraphs[0161]-[0172])) of a sound associated with the event(see figs. 8-21B and paragraphs[0139]-[0193]); but Awisus does not explicitly teach that provide the first audio notification for transmission to the hearing protection apparatus, to inform the user of a type of a sound the sound type associated with the event.
However, Howes teaches to obtain a first input via the interface(see fig. 5(502)), wherein the first input is indicative of a presence of an event;
obtain a first audio output signal(gunshot(s)) based on
the first input indicative of the presence of the event(see fig. 5(502));
obtain a first audio notification(gunshot sound or voice command) based on the first input indicative of the presence of the event(gunfire), the first audio notification identifying a sound type( such as gunshot hit a target sound(scoring tone) or missing a target sound) associated with the event)(see figs. 1-5(530) and paragraphs[0015]-[0017]); and provide(see fig. 5) the first audio notification(gunshot sound or voice command) for transmission to the hearing protection apparatus(see fig. 1((102A, 102B)), to inform the user of a type of a sound the sound type(such as calibration tone) associated with the event(test gunshots)(see figs. 1-5(530) and paragraphs[0032]-[0045]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to combine the teaching of Howes into the teaching of Awisus to provide a pair of hearing protection devices and a portable device. The hearing protection devices each include an electronic circuit that detects a gunshot and produces detection information characterizing the gunshot as detected. The difference between the detection information produced by the hearing protection devices worn in or over different ears of the shooter allows the portable devices to identify the gunshot as being fired by the shooter and subsequently prompt the shooter to give a voice command indicating the result of the gunshot to the portable device for the scoring without manual entry.
Consider Claim 15, Awisus teaches a server device(see fig. 1) for event monitoring in a communication system (see fig. 1) comprising the server device(see 1, (2), fig. 18) and a communication device for a hearing protection apparatus(see fig. 1), the server device comprising: one or more processing units(see figs. 1-8 and see paragraphs[0009], [0032 ]-[0033]))); a memory; and an interface; wherein the server device is configured to:
obtain first event data(see fig. 8); determine a presence of an event based on the first event data;
after(see fig. 8) the presence of the event is determined, determine a type(such as alter or alarms or an ambient noise and see paragraphs[0161]-[0172]))
of the event(according environment)(see figs. 8-21B and paragraphs[0139]-[0193]);
determine a first input based on the type(such as alter or alarms or an ambient noise and see paragraphs[0161]-[0172]))
of the sound associated with the event(see figs. 3-8 and paragraphs[0101]-[0125]); and provide(see fig. 1) the first input for transmission to the communication device(see figs. 1, 8-21B and paragraphs[0139]-[0193]); but Awisus does not explicitly teach after the presence of the event is determined, determine a type of a sound associated with the event.
Howes teaches to obtain first event data; determine a presence of an event based on the first event data(see fig. 5(502));
after the presence of the event is determined(see fig. 5),
determine a type of a sound (such as calibration tone) associated with the event(test gunshots)(see figs. 1-5(530) and paragraphs[0032]-[0045]); determine a first input based on the type of the sound associated with the event; and provide the first input via the interface(see fig/ 5(502)) and see figs. 1-5 and paragraphs[0032]-[0045]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to combine the teaching of an identification of a sound (see fig. 5(522-528) associated with the event(see figs. 1-
Howes into the teaching of Awisus to provide a pair of hearing protection devices and a portable device. The hearing protection devices each include an electronic circuit that detects a gunshot and produces detection information characterizing the gunshot as detected. The difference between the detection information produced by the hearing protection devices worn in or over different ears of the shooter allows the portable devices to identify the gunshot as being fired by the shooter and subsequently prompt the shooter to give a voice command indicating the result of the gunshot to the portable device for the scoring without manual entry.
Consider Claims 16 and 17, Awisus as modified by Howes teaches the communication device wherein the first audio output signal is also based on the position data, and wherein the first audio output signal comprises a directional notification that is based on the position data, the directional notification being different from the first notification(see figs. 3-8 and paragraphs[0101]-[0125]); and the communication device wherein the second audio notification is configured to inform the user of a position of the event(see figs. 3-8 and paragraphs[0101]-[0125]),.
Consider Claims 18 and 19, Awisus as modified by Howes teaches the communication device wherein the position of the event comprises a direction of the event from a perspective of the user; and the communication device wherein the first input comprises first event data identifying the event(see figs. 3-8 and paragraphs[0101]-[0125]),
Consider Claims 20 and 21, Awisus as modified by Howes teaches the communication device wherein the identification of the event comprises an identification of an event type of the event(see figs. 3-8 and paragraphs[0101]-[0125]); and the communication device wherein the memory is configured to store a plurality of audio data in association with respective event type identifiers, and wherein the processing unit is configured to obtain the first audio notification by selecting one of the audio data based on one of the event type identifiers being associated with the event(In Howes, see figs. 1-5 and paragraphs[0032]-[0045]).
Consider Claims 22 and 23, Awisus as modified by Howes teaches the communication device wherein an amplitude or a pitch associated with the first audio notification is based on a distance between the user and the event(see figs. 3-8 and paragraphs[0148]-[0161]); and the communication device wherein the event is an explosion event, and wherein the first audio notification is configured to inform the user that the type of the sound is an explosion sound(In Howes, see figs. 1-5 and paragraphs[0032]-[0045])..
Consider Claims 24 and 25, Awisus as modified by Howes teaches the communication device wherein the event is a gun- shot event, and wherein the first audio notification is configured to inform the user that the type of the sound is a gun-shot sound(In Howes, see figs. 1-5 and paragraphs[0032]-[0045]); and the communication device wherein the second audio notification is configured to inform the user of a distance of the event from the user(see figs. 3-8 and paragraphs[0148]-[0161]).
8 Claims 26 and 27 are rejected under 35 U.S.C. 103(a) as being unpatentable over Awiszus et al. (US 2017/0372216) as modified by Howes. (US 2016/0076858) as applied to claim 1, 14 above, and further in view of Skoff (US PAT. 6,518,878).
Consider Claims 26 and 27, Awiszus does not explicitly teach the communication device wherein the first audio notification is a pre-stored audio message..
However, Skoff teaches the computer-implemented method wherein: the common reference time comprises an anchor point of a Bluetooth Low Energy communication session (see figs. 1, 2 and col. 4, line 30-col. 5, line 67]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to combine the teaching of Skoff into the teaching of Awiszus and Howes to provide a warning system (20) includes a central control unit (CCU), and a plurality of local units (LU) connected to the central control unit (CCU). Each local unit (LU) includes a plurality of input trips (A.sub.n), such as smoke detector, an earthquake detector, and gas detector, and a plurality of programmable responses, such as a bypass relay (C), a message delivered by a record/playback unit (D), an emergency light (E), and a strobe light (F). The input trips (A.sub.n) also include a disconnect trip (A.sub.1), which is activated by a detector input signal (DI) sent from the central control unit (CCU), and indicates that the central control unit (CCU) has malfunctioned. The programmable responses include a warning output signal (WO) which is sent from the local unit (LU) to the central control unit (CCU) to indicate the presence of a local emergency at the local unit (LU).
Response to Arguments
9. Applicant’s arguments with respect to claims 1-19 and 21-27 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.
Applicant argued that Claims 1-14 and 16-21 stand rejected under 35 U.S.C. § 103 as allegedly being unpatentable over Awiszus in view of US 2016/0076858 (Howes). Claims 1, 14
Claim 1 has been amended to recite “obtain a first audio notification based on the first input indicative of the presence of the event, the first audio notification identifying a sound type associated with the event; and provide the first audio notification for transmission to the hearing protection apparatus to inform the user of the sound type associated with the event”. Awiszus and Howes not disclose or suggest the above features(see the remarks page last paragraph to 8 page last paragraph).
The examiner disagrees that argument respectfully.
Consider Claim 1, Awisus disclose a communication device for a hearing protection apparatus(see fig. 1), wherein the hearing protection apparatus is configured for wear by a user(see fig. 2), the communication device comprising: a processing unit; a memory(see fig. 2); and an interface connected to the processing unit(see fig.8); wherein the processing unit of the communication device is configured to:
obtain a first input via the interface(see fig. 1); wherein the first input is indicative of a presence of an event(see figs. 2-6),
obtain a first audio notification (such as “snooze” an alter or alarm{0115])) based on the first input indicative of the presence of the event(see fig. 1) (see figs. 11-13)
first event data indicative of the event(see figs. 3-8 and paragraphs[0101]-[0125]), wherein the first event data is comprised in the first input or is based on an identification of the event(see figs. 8-21B and paragraphs[0139]-[0193]), wherein the first audio output signal comprises a first notification informing, the user of a type(such as alter or alarms or an ambient noise and see paragraphs[0161]-[0172])) of a sound associated with the event(see figs. 8-21B and paragraphs[0139]-[0193]).
On the other hand, Howes discloses to obtain a first input via the interface(see fig. 5(502)), wherein the first input is indicative of a presence of an event;
obtain a first audio output signal(gunshot(s)) based on
the first input indicative of the presence of the event(see fig. 5(502));
obtain a first audio notification(gunshot sound or voice command) based on the first input indicative of the presence of the event(gunfire), the first audio notification identifying a sound type( such as gunshot hit a target sound(scoring tone) or missing a target sound) associated with the event)(see figs. 1-5(530) and paragraphs[0015]-[0017]); and provide(see fig. 5) the first audio notification(gunshot sound or voice command) for transmission to the hearing protection apparatus(see fig. 1((102A, 102B)), to inform the user of a type of a sound the sound type(such as calibration tone) associated with the event(test gunshots)(see figs. 1-5(530) and paragraphs[0032]-[0045]). The combination meets the limitation as recited in claims 1 and 14.
Further more, Awisus also discloses a server device(see fig. 1) for event monitoring in a communication system (see fig. 1) comprising the server device(see 1, (2), fig. 18) and a communication device for a hearing protection apparatus(see fig. 1), the server device comprising: one or more processing units(see figs. 1-8 and see paragraphs[0009], [0032 ]-[0033]))); a memory; and an interface; wherein the server device is configured to:
obtain first event data(see fig. 8); determine a presence of an event based on the first event data;
after(see fig. 8) the presence of the event is determined, determine a type(such as alter or alarms or an ambient noise and see paragraphs[0161]-[0172]))
of the event(according environment)(see figs. 8-21B and paragraphs[0139]-[0193]);
determine a first input based on the type(such as alter or alarms or an ambient noise and see paragraphs[0161]-[0172]))
of the sound associated with the event(see figs. 3-8 and paragraphs[0101]-[0125]); and provide(see fig. 1) the first input for transmission to the communication device(see figs. 1, 8-21B and paragraphs[0139]-[0193]).
On the other hand, Howes teaches to obtain first event data; determine a presence of an event based on the first event data(see fig. 5(502));
after the presence of the event is determined(see fig. 5),
determine a type of a sound (such as calibration tone) associated with the event(test gunshots)(see figs. 1-5(530) and paragraphs[0032]-[0045]); determine a first input based on the type of the sound associated with the event; and provide the first input via the interface(see fig. 5(502)) and see figs. 1-5 and paragraphs[0032]-[0045]). The combination meets the limitation as recited in claim 15.
Conclusion
10. Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
11. The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure. Shastry et al. (US 2017/0374455) and Copt et al. (US 2019/0318719) are cited to show other HEARING PROTECTION APPARATUS WITH CONTEXTUAL AUDIO GENERATION COMMUNICATION DEVICE, AND RELATED METHODS.
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should be directed to Lao,Lun-See whose telephone number is (571) 272-7501 The examiner
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supervisor, Nguyen Duc M, can be reached on (571) 272-7503.
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should be directed to the Technology Center 2600 whose telephone number is (571) 272-2600.
/LUN-SEE LAO/Primary Examiner,
Art Unit 2691 Patent Examiner
US Patent and Trademark Office
Knox
571-272-7501
Date 06-23-2026
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