Prosecution Insights
Last updated: April 19, 2026
Application No. 18/165,517

CONTROL AND CONFIGURATION FOR WIRELESS AUDIO DEVICES

Non-Final OA §101§103
Filed
Feb 07, 2023
Examiner
PAUL, DISLER
Art Unit
2695
Tech Center
2600 — Communications
Assignee
International Business Machines Corporation
OA Round
1 (Non-Final)
82%
Grant Probability
Favorable
1-2
OA Rounds
2y 11m
To Grant
91%
With Interview

Examiner Intelligence

Grants 82% — above average
82%
Career Allow Rate
1186 granted / 1445 resolved
+20.1% vs TC avg
Moderate +9% lift
Without
With
+8.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
41 currently pending
Career history
1486
Total Applications
across all art units

Statute-Specific Performance

§101
5.9%
-34.1% vs TC avg
§103
46.6%
+6.6% vs TC avg
§102
24.7%
-15.3% vs TC avg
§112
14.2%
-25.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1445 resolved cases

Office Action

§101 §103
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 § 101 35 U.S.C. 101 reads as follows: Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title. Claim(s) 15-20 are rejected under 35 U.S.C. 101 because the claims recite “A computer program product, the computer program product comprising: one or more computer-readable tangible storage medium and program instructions stored on at least one of the one or more tangible storage medium”. Claims 15-20 are therefore directed to a computer-readable tangible storage medium. Looking to applicant's specification, applicant defines a computer-readable storage medium to be non-transitory computer readable storage medium (see paragraph 0016 of applicant’s specification), however, applicant never defines a computer-readable tangible storage medium to be non-transitory computer-readable storage medium. Therefore, under broadest reasonable interpretation, the claimed computer-readable tangible storage medium as recited in claims 15-20 includes transitory computer-readable tangible storage medium which is considered non-statutory subject matter. The phrase “a non-transitory computer-readable tangible storage medium” is suggested to overcome the 101 problem”. 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. Claim (s) 1, 7- 8, 14- 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sambhwani et al. (US 12,342,155 B2) and Sabin et al. (US 11,089,402 B2). Claim 1, Sambhwani et al. disclose of a computer-implemented method, the method comprising: connecting to a wireless audio device via a smart device of a user of the wireless audio device, wherein the wireless audio device operates according to a plurality of control profiles (fig.3 (soundbar- spkn ); col.7 line 35-45; col.8 line 5-10; col.8 line 60-col.9 line 10/the authenticated smart device being soundbar with various control profiles being wirelessly connected to other speakers). Although, the art never limit the device as mentioned being associated to a non-owner user of the audio device, but one of the ordinary skills in the art could have varied the user associated with the device to being any desired user including such general non-owner for achieving the same result as to provide customized sound to such user of the device. Sambhwani et al. further disclose as in response to determining that an identification (ID) the smart device correlates to a user-specific secondary control profile of the plurality of control profiles, enabling operation of the wireless audio device by the smart device according to the user-specific secondary control profile (col.8 line 5-15; col.9 line 50-67; col.10 line 25-35/based on user control profile associated with first device then other wireless device may be enable operation accordingly based on the specific profile). However, the prior art never specify such method as in response to determining that the ID of the smart device does not correlate to any user-specific secondary control profiles of the plurality of control profiles, enabling operation of the wireless audio device by the smart device according to a default secondary control profile of the plurality of control profiles. But, Sabin et al. disclose of a similar method associated with determining that a device does not correlate to any user-specific secondary control profiles of the plurality of control profiles, enabling operation of the device according to a default secondary control profile of the plurality of control profiles (col.12 line 38-50/certain default profile for population of potential users and non-specific). Thus, one of the ordinary skills in the art could have modified Sambhwani et al. which already mentioned of sound profiles being set for various specific user by adding such determining that a device does not correlate to any user-specific secondary control profiles of the plurality of control profiles, enabling operation of the device according to a default secondary control profile of the plurality of control profiles so as to provide the sound setting based on standard population of potential users. Herein although, the combined teaching of Sambhwani et al. and Sabin et al. as a whole, never specify of enabling operation of the wireless audio device by the smart device according to a default secondary control profile of the plurality of control profiles , but one of the ordinary skills in the art could have modified Sambhwani which disclose of enabling operation of the wireless audio device by the smart device according to a sound control profile of the plurality of control profiles by also adding such specific operation of the wireless audio device by the smart device according to a default secondary control profile of the plurality of control profiles for achieving the same result as to provide to auxiliary wireless speakers the sound setting according to standard potential of users. 7. The method of claim 1, wherein the wireless audio device comprises a wireless speaker (fig.3 ( spkn ); col.7 line 43-46) . Claim 8 , Sambhwani et al. disclose of a computer system, the computer system comprising: one or more processors, one or more computer-readable memories, one or more computer-readable tangible storage medium, and program instructions stored on at least one of the one or more tangible storage medium for execution by at least one of the one or more processors via at least one of the one or more memories, wherein the computer system is capable of performing a method (col.7 line 15-25) comprising: connecting to a wireless audio device via a smart device of a non-owner user of the wireless audio device, wherein the wireless audio device operates according to a plurality of control profiles (fig.3 (soundbar- spkn ); col.7 line 35-45; col.8 line 5-10; col.8 line 60-col.9 line 10/the smart device being soundbar with various control profiles being wirelessly connected to other speakers). Although, the art never limit the device as mentioned being associated to a non-owner user of the audio device, but one of the ordinary skills in the art could have varied the user associated with the device to being any desired user including such general non-owner for achieving the same result as to provide customized sound to such user of the device. The prior art would further disclose as in response to determining that an identification (ID) the smart device correlates to a user-specific secondary control profile of the plurality of control profiles, enabling operation of the wireless audio device by the smart device according to the user-specific secondary control profile (col.8 line 5-15; col.9 line 50-67; col.10 line 25-35/based on user control profile associated with first device then other wireless device may be enable operation accordingly based on the specific profile). However, the prior art never specify such method as in response to determining that the ID of the smart device does not correlate to any user-specific secondary control profiles of the plurality of control profiles, enabling operation of the wireless audio device by the smart device according to a default secondary control profile of the plurality of control profiles. But, Sabin et al. disclose of a similar method associated with determining that a device does not correlate to any user-specific secondary control profiles of the plurality of control profiles, enabling operation of the device according to a default secondary control profile of the plurality of control profiles (col.12 line 38-50/certain default profile for population of potential users and non-specific). Thus, one of the ordinary skills in the art could have modified Sambhwani et al. which already mentioned of sound profiles being set for various specific user by adding such determining that a device does not correlate to any user-specific secondary control profiles of the plurality of control profiles, enabling operation of the device according to a default secondary control profile of the plurality of control profiles so as to provide the sound setting based on standard population of potential users. Herein although, the combined teaching of Sambhwani et al. and Sabin et al. as a whole, never specify of enabling operation of the wireless audio device by the smart device according to a default secondary control profile of the plurality of control profiles , but one of the ordinary skills in the art could have modified Sambhwani which disclose of enabling operation of the wireless audio device by the smart device according to a sound control profile of the plurality of control profiles by also adding such specific operation of the wireless audio device by the smart device according to a default secondary control profile of the plurality of control profiles for achieving the same result as to provide to auxiliary wireless speakers the sound setting according to standard potential of users. The claim(s) 14- 15 which in substance disclose of the similar feature as noted in claim(s) 7- 8 has been analyzed and rejected accordingly. Claim (s) 2 -3, 9-10 , 16-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sambhwani et al. (US 12,342,155 B2) and Sabin et al. (US 11,089,402 B2) and Jarvis et al. (US 9,965,247 B2). Claim 2 , t he method of claim 1, further comprising: connecting to the wireless audio device via a smart device of an owning user of the wireless audio device (Samn-fig.3 (soundbar- spkn ); col.7 line 35-45; col.8 line 5-10; col.8 line 60-col.9 line 10/the smart device may be authenticated). However, Jarvis never specify as creating a primary control profile of the plurality of control profiles, wherein the primary control profile enables unrestricted operation of the wireless audio device; correlating the primary control profile with the smart device of the owning user; creating one or more secondary control profiles of the plurality of control profiles, wherein the one or more secondary control profiles comprises one or more user-specific secondary control profiles and at least one default secondary control profile, and wherein the primary control profile has a higher level of wireless audio device authority than the one or more secondary control profiles; and correlating the one or more user-specific secondary control profiles with respective smart devices of non-owner users of the wireless audio device. However, Jarvis et al. disclose of similar method regarding creating a primary control profile of the plurality of control profiles, wherein the primary control profile enables unrestricted operation of the wireless audio device; correlating the primary control profile with the smart device of the owning user; creating one or more secondary control profiles of the plurality of control profiles, wherein the one or more secondary control profiles comprises one or more user-specific secondary control profiles and at least one default secondary control profile, and wherein the primary control profile has a higher level of wireless audio device authority than the one or more secondary control profiles; and correlating the one or more user-specific secondary control profiles with respective smart devices of non-owner users of the wireless audio device ( fig.8; col.19 line 10-20; col.25 line 35-67/the host may provided limited or greater control to authenticated user for audio setting). Thus one of the ordinary skills in the art could have modified the art by adding such method comprising: creating a primary control profile of the plurality of control profiles, wherein the primary control profile enables unrestricted operation of the wireless audio device; correlating the primary control profile with the smart device of the owning user; creating one or more secondary control profiles of the plurality of control profiles, wherein the one or more secondary control profiles comprises one or more user-specific secondary control profiles and at least one default secondary control profile, and wherein the primary control profile has a higher level of wireless audio device authority than the one or more secondary control profiles; and correlating the one or more user-specific secondary control profiles with respective smart devices of non-owner users of the wireless audio device so as to provide range of control for authorized users to modify the sound as per preference. Claim 3 , t he method of claim 1, but the prior art never specify as wherein the user-specific secondary control profile and the default secondary control profile respectively define a set of parameters, and corresponding values, according to which the wireless audio device operates, and wherein the set of parameters comprises profile name/type, smart device identification (ID), smart device authority level, audio device maximum volume, audio device maximum bass, audio device maximum treble, audio device maximum mid-range, audio device operating hours, operating hours maximum volume, dynamic lyric lookup, deny list capability, and deny list contents. However, Jarvis et al. disclose of the similar system wherein user-specific secondary control profile and the default secondary control profile respectively define a set of parameters, and corresponding values, according to which the wireless audio device operates, and wherein the set of parameters comprises profile name/type, smart device identification (ID), smart device authority level, audio device maximum volume ; deny list capability, and deny list contents (fig.8; col.19 line 5-45; col.25 line 35-67). Thus, one of the ordinary skills in the art could have modified the art by adding such aspect regarding user-specific secondary control profile and the default secondary control profile respectively define a set of parameters, and corresponding values, according to which the wireless audio device operates, and wherein the set of parameters comprises profile name/type, smart device identification (ID), smart device authority level, audio device maximum volume ; deny list capability, and deny list contents so as to provide range of control for authorized users to modify the sound as per preference. Nonetheless, the prior art never mentioned of parameters comprising: audio device maximum bass, audio device maximum treble, audio device maximum mid-range, audio device operating hours, operating hours maximum volume, dynamic lyric lookup . However, one of the ordinary skills in the art could have varied the audio signal based on the mentioned various parameter and may if desired have such additional parameters as audio device maximum bass, audio device maximum treble, audio device maximum mid-range, audio device operating hours, operating hours maximum volume, dynamic lyric lookup for provide range of control for authorized users to modify the sound as per preference. The claim(s) 9-10, 16-17 which in substance disclose of the similar feature as noted in claim(s) 2-3 has been analyzed and rejected accordingly. Claim (s ) 4, 11, 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sambhwani et al. (US 12,342,155 B2) and Sabin et al. (US 11,089,402 B2) and Khoury et al. (US 12,488,072 B2) . Claim 4 , t he method of claim 1, although, the art never specify as wherein control profiles of the plurality of control profiles respectively allow for dynamic lyric lookup of songs to be played on the wireless audio device, and wherein dynamic lyric lookup comprises: querying known sources of song track information for lyrics of a next song as well as for metadata information of the next song, and wherein metadata information comprises song title, artist name, song genre, and any parental advisory label (PAL) notices for a song; determining if the next song meets criteria to not be played on the wireless audio device based on the lyrics of the next song and the metadata information of the next song; and in response to determining that the next song meets criteria to not be played on the wireless audio device, adding a song title of the next song a deny list of a control profile, wherein songs having their title on the deny list are not played by the wireless audio device. But Khoury et al. disclose of the similar concept related to control profiles of the plurality of control profiles respectively allow for certain content to be played on the on a device speaker, and wherein the content comprises: querying known sources of content , and any parental advisory label (PAL) notices for a content ; determining if the content meet criteria to not be played on the wireless audio device based on the type of content ; and in response to determining that the content meets criteria to not be played on the wireless audio device, adding content to a deny list of a control profile, wherein content on the deny list are not played by the wireless audio device (col.18 line 25-40). Thus, one of the ordinary skills in the art could have modified the art by adding such noted related to control profiles of the plurality of control profiles respectively allow for certain content to be played on the on a device speaker, and wherein the content comprises: querying known sources of content , and any parental advisory label (PAL) notices for a content ; determining if the content meet criteria to not be played on the wireless audio device based on the type of content ; and in response to determining that the content meets criteria to not be played on the wireless audio device, adding content to a deny list of a control profile, wherein content on the deny list are not played by the wireless audio device so as to restrict certain questionable content to be played by the speaker to the user. However, the prior art never specify as the content being dynamic lyric lookup of songs to be played on the wireless audio device, and wherein dynamic lyric lookup comprises: querying known sources of song track information for lyrics of a next song as well as for metadata information of the next song, and wherein metadata information comprises song title, artist name, song genre . Again, one of the ordinary skills in the art could have varied the particular content as mentioned to being any other content including such dynamic lyric lookup of songs to be played on the wireless audio device, and wherein dynamic lyric lookup comprises: querying known sources of song track information for lyrics of a next song as well as for metadata information of the next song, and wherein metadata information comprises song title, artist name, song genre for achieving the same result as restrict certain questionable content to be played by the speaker to the user. The claim(s) 11, 18 which in substance disclose of the similar feature as noted in claim(s) 4 has been analyzed and rejected accordingly. Claim (s) 5, 12, 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sambhwani et al. (US 12,342,155 B2) and Sabin et al. (US 11,089,402 B2) and Khoury et al. (US 12,488,072 B2) and Mohapatra et al. (US 10,855,241 B2). Claim 5. The method of claim 4, but the prior art never specify as wherein control profiles of the plurality of control profiles respectively allow for dynamic adjustment of one or more equalizer settings of the wireless audio device during playback of songs on the wireless audio device, and wherein dynamic adjustment of one or more equalizer settings comprises: determining that a currently playing song on the wireless audio device belongs to a particular genre based on metadata information of the currently playing song; and reducing one or more equalizer settings of the wireless audio device during playback of the currently playing song. However, Mohapatra et al. disclose of such control profiles respectively allow for dynamic adjustment of one or more equalizer settings of the audio device during playback of songs on the wireless audio device, and wherein dynamic adjustment of one or more equalizer settings comprises: determining that a currently playing song on the wireless audio device belongs to a particular genre based on metadata information of the currently playing song; and reducing one or more equalizer settings of the wireless audio device during playback of the currently playing song (fig.1 (106/108); col.5 line 50-67; col.6 line 10-45/the setting may be adjust to desired setting and thus inherently such reduction of setting). Thus, one of the ordinary skills in the art could have modified the prior art by adding such noted control profiles respectively allow for dynamic adjustment of one or more equalizer settings of the audio device during playback of songs on the wireless audio device, and wherein dynamic adjustment of one or more equalizer settings comprises: determining that a currently playing song on the wireless audio device belongs to a particular genre based on metadata information of the currently playing song; and reducing one or more equalizer settings of the wireless audio device during playback of the currently playing song so as to adjust the frequency characteristic based on type of music. The claim(s) 12, 19 which in substance disclose of the similar feature as noted in claim(s) 5 has been analyzed and rejected accordingly. Claim (s) 6, 13, 20 is/are rejected under 35 U.S.C. 103 as being unpatentable Sambhwani et al. (US 12,342,155 B2) and Sabin et al. (US 11,089,402 B2) and Jarvis et al. (US 9,965,247 B2) and Chen et al. (US 11,726,761 B2). 6. The method of claim 2, but the prior art never specify as further comprising: receiving, at the smart device of the owning user of the wireless audio device, a change request to change one or more settings of the user-specific secondary control profile correlating to the smart device of the non-owner user; in response to a determination to allow the change request, updating the one or more settings of the user-specific secondary profile according to the change request and notifying the smart device of the non-owner user of the updating; and in response to a determination to not allow the change request, notifying the smart device of the non-owner user of the determination to not allow the change request. However, Chen et al. disclose of the similar concept related to receiving, at the smart device of a user, a change request to change one or more settings; in response to a determination to allow the change request, updating the one or more settings according to the change request and notifying the device of the updating; and in response to a determination to not allow the change request, notifying the device of to not allow the change request (fig.2E; fig.4 (400-409); col.11 line 40-67). Thus, one of the ordinary skills in the art could have modified the prior art by adding such noted aspect related to receiving, at the smart device of a user, a change request to change one or more settings; in response to a determination to allow the change request, updating the one or more settings according to the change request and notifying the device of the updating; and in response to a determination to not allow the change request, notifying the device of to not allow the change request so as to update the device according to authorization. However, although, the prior art never specify of the updating being related to settings of the user-specific control profile , but again, one of the ordinary skills in the art could have configured the prior art which mentioned of user specific control profile by adding thereto such updating feature for achieving the same result as to update the device according to settings of the user-specific control profile for authorization so as to provide the desired adaptive audio as per user control profile. The claim(s) 13, 20 which in substance disclose of the similar feature as noted in claim(s) 6 has been analyzed and rejected accordingly. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT DISLER PAUL whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)270-1187 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT 9:00-6:00 M-F . 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, Chin, Vivian can be reached at (571)272-7848 . 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. /DISLER PAUL/ Primary Examiner, Art Unit 2695
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Prosecution Timeline

Feb 07, 2023
Application Filed
Oct 19, 2023
Response after Non-Final Action
Feb 18, 2026
Non-Final Rejection — §101, §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
82%
Grant Probability
91%
With Interview (+8.9%)
2y 11m
Median Time to Grant
Low
PTA Risk
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