DETAILED ACTION
Claim Rejections - 35 USC § 112
1. The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
2. Claim 13 recites the limitation "sensed energy" in line 3. There is insufficient antecedent basis for this limitation in the claim.
3. Claim 12 recites the limitation "one cluster" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 103
4. 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.
5. Claims 7, 10, 11, 13 and 16-18 are rejected under 35 U.S.C. 103 as being unpatentable over Di Censo et al, U.S. Patent Application Publication No. 2015/0195641 (hereinafter Di Censo) in view of Smith et al, U.S. Patent Application Publication No. 2014/0254842 (hereinafter Smith).
Regarding claim 7, Di Censo discloses a method, comprising:
detecting, by a sound sensing mechanism, a sensed energy (from paragraph 0022, see Wearable device 130 may be implemented by headphones or ear buds 134 that each contain an associated speaker and one or more microphones or transducers, which may include an ambient microphone to detect ambient sounds within the ambient auditory environment);
monitoring, by the sound sensing mechanism, a frequency and/or amplitude (from Figure 5, see 542) associated with the sensed energy;
identifying, by a processor, one or more sounds within the sensed energy (from paragraph 0040, see identifying a particular type or group of sounds from the ambient audio environment); and
isolating, by the processor, the one or more sounds from the sensed energy (from paragraph 0044, see DSP 310 may separate sounds or divide signals associated with particular sounds as represented at 430).
Still on the issue of claim 7, Di Censo does not teach:
determining, by the processor, if one or more of the isolated one or more sounds include a frequency and/or an amplitude outside of a predetermined threshold;
and if one or more of the one or more sounds include the frequency and/or an amplitude outside of the predetermined threshold, transmitting data to a computing device indicating that the one or more sounds include the frequency and/or the amplitude outside of the predetermined threshold.
All the same, Smith discloses:
monitoring, by the sound sensing mechanism, a frequency and/or amplitude (from paragraph 0104, see Noise can be identified as sounds having predefined characteristics. For example, the noise can be identified as sounds having predefined frequencies, amplitudes, or durations. Samples of noise, e.g., gunshot sounds, can be characterized and used to identify noise in a user's environment);
determining, by the processor, if one or more of the isolated one or more sounds include a frequency and/or an amplitude outside of a predetermined threshold (from paragraph 0026, see One or more microphones 102 can be sensitive to one or more portions of the audio spectrum that are considered to be outside of the audible range. For example, one microphone 102 can be sensitive to infrasound (such as sound having a frequency less than 20 Hz) and another microphone 102 can be sensitive to ultrasound (such as sound having a frequency greater than 20 kHz). Such sounds outside of the audible range can be converted to the audible range for enhanced hearing. Thus, infrasound can be up converted in frequency and ultrasound can be down converted in frequency to facilitate processing and/or human hearing);
and if one or more of the one or more sounds include the frequency and/or an amplitude outside of the predetermined threshold, transmitting data to a computing device indicating that the one or more sounds include the frequency and/or the amplitude outside of the predetermined threshold (from paragraph 0027, see The situation hearing and enhancement system can alert the user to otherwise inaudible sounds. Such sounds can be inaudible due to their frequency content and/or amplitude. Such inaudible sounds can be reproduced at an increased amplitude and/or different frequency so that they can be heard by the user. Such inaudible sounds can be replaced with other sounds, such as a warning, voice identification or other identification. For example, an inaudible sound that is characterized as a handgun being cocked can result in a voice notification that such a sound has been identified or can result in a distinctive siren or other indication). Therefore, it would have been obvious to one of ordinary skill in the art to modify Di Censo with determining, by the processor, if one or more of the isolated one or more sounds include a frequency and/or an amplitude outside of a predetermined threshold; and if one or more of the one or more sounds include the frequency and/or an amplitude outside of the predetermined threshold, transmitting data to a computing device indicating that the one or more sounds include the frequency and/or the amplitude outside of the predetermined threshold as taught by Smith. This modification would have improved safety by mitigating harmful and/or undesirable sounds as suggested by Smith (see paragraph 0018).
Regarding claim 10, the combination of Di Censo and Smith discloses modifying the one or more sounds such that at least one of the frequency and/or amplitude of the one or more sounds does not fall outside of the predetermined threshold (from paragraph 0027 of Smith, see Such inaudible sounds can be reproduced at an increased amplitude and/or different frequency so that they can be heard by the user).
Regarding claim 11, the combination of Di Censo and Smith discloses the frequency and/or the amplitude associated with the one or more sounds comprises one or more of an amplitude of a desired frequency, an amplitude of an undesired frequency, a frequency of the desired frequency, or a frequency of the undesired frequency (from paragraph 0005 of Smith, see The microphone can be configured to receive ambient sound containing environmental noise (undesirable and/or harmful sound) and information (important, necessary, and/or desirable sound).
Regarding claim 13, Di Censo discloses a non-transitory computer-readable medium including instructions for performing operations comprising:
monitoring a frequency and/or an amplitude (from Figure 5, see 542) associated with the sensed energy;
identifying one or more sounds within the sensed energy (from paragraph 0040, see identifying a particular type or group of sounds from the ambient audio environment); and
isolating the one or more sounds from the sensed energy (from paragraph 0044, see DSP 310 may separate sounds or divide signals associated with particular sounds as represented at 430).
Still on the issue of claim 13, Di Censo does not teach:
determining if one or more of the isolated one or more sounds include a frequency and/or an amplitude outside of a predetermined threshold;
and if one or more of the one or more sounds include the frequency and/or an amplitude outside of the predetermined threshold, transmitting data to a computing device indicating that the one or more sounds include the frequency and/or the amplitude outside of the predetermined threshold.
All the same, Smith discloses:
monitoring, by the sound sensing mechanism, a frequency and/or amplitude (from paragraph 0104, see Noise can be identified as sounds having predefined characteristics. For example, the noise can be identified as sounds having predefined frequencies, amplitudes, or durations. Samples of noise, e.g., gunshot sounds, can be characterized and used to identify noise in a user's environment);
determining if one or more of the isolated one or more sounds include a frequency and/or an amplitude outside of a predetermined threshold (from paragraph 0026, see One or more microphones 102 can be sensitive to one or more portions of the audio spectrum that are considered to be outside of the audible range. For example, one microphone 102 can be sensitive to infrasound (such as sound having a frequency less than 20 Hz) and another microphone 102 can be sensitive to ultrasound (such as sound having a frequency greater than 20 kHz). Such sounds outside of the audible range can be converted to the audible range for enhanced hearing. Thus, infrasound can be up converted in frequency and ultrasound can be down converted in frequency to facilitate processing and/or human hearing); and
if one or more of the one or more sounds include the frequency and/or an amplitude outside of the predetermined threshold, transmitting data to a computing device indicating that the one or more sounds include the frequency and/or the amplitude outside of the predetermined threshold (from paragraph 0027, see The situation hearing and enhancement system can alert the user to otherwise inaudible sounds. Such sounds can be inaudible due to their frequency content and/or amplitude. Such inaudible sounds can be reproduced at an increased amplitude and/or different frequency so that they can be heard by the user. Such inaudible sounds can be replaced with other sounds, such as a warning, voice identification or other identification. For example, an inaudible sound that is characterized as a handgun being cocked can result in a voice notification that such a sound has been identified or can result in a distinctive siren or other indication). Therefore, it would have been obvious to one of ordinary skill in the art to modify Di Censo with determining if one or more of the isolated one or more sounds include a frequency and/or an amplitude outside of a predetermined threshold; and if one or more of the one or more sounds include the frequency and/or an amplitude outside of the predetermined threshold, transmitting data to a computing device indicating that the one or more sounds include the frequency and/or the amplitude outside of the predetermined threshold as taught by Smith. This modification would have improved safety by mitigating harmful and/or undesirable sounds as suggested by Smith (see paragraph 0018).
Claim 16 is rejected for the same reasons as claim 10.
Claim 17 is rejected for the same reasons as claim 11.
Regarding claim 18, Di Censo discloses the operations further comprise adjusting at least one audio parameter associated with a cluster of a sound sensing mechanism (from paragraph 0048, see The user interface gives the user the ability to set auditory preferences on the fly and dynamically. Through this interface, the user can raise or lower the volume of specific sound sources as well as completely cancel or enhance other auditory events as previously described).
6. Claims 8 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Di Censo combined with Smith in further view of Pradeep et al, U.S. Patent Application Publication No. 2016/0302393 (hereinafter Pradeep).
Regarding claim 8, although the combination of Di Censo and Smith discloses the one or more sounds comprise an inaudible frequency determined to cause at least one of harm to a creature, discomfort to the creature, or changes in behavior of the creature (from paragraph 0019 of Smith, see noise can be any sound that is either harmful (such as to the ear) or that is undesirable for the user to hear (such as sounds that may distract or annoy the user and such as sounds that may inhibit the user from hearing and/or understanding desired sounds), the combination does not explicitly teach the creature is a pet. All the same, Pradeep discloses this feature (from paragraph 0051, see audio levels 313, can be used to assess what is good for the pet versus what is not good for the pet). Therefore, it would have been obvious to one of ordinary skill in the art to further modify the combination of Di Censo and Smith wherein the creature is a pet as taught by Pradeep. This modification would have provided a more robust monitoring system by allowing owners to improve the care and development of their pets as suggested by Pradeep (see paragraph 0003).
Claim 14 is rejected for the same reasons as claim 8.
Allowable Subject Matter
7. Claims 9 and 15 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.
Claim 12 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
8. Any inquiry concerning this communication or earlier communications from the examiner should be directed to OLISA ANWAH whose telephone number is 571-272-7533. The examiner can normally be reached Monday to Friday from 8.30 AM to 6 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Carolyn Edwards can be reached on 571-270-7136. The fax phone numbers for the organization where this application or proceeding is assigned are 571-273-8300 for regular communications and 571-273-8300 for After Final communications.
Any inquiry of a general nature or relating to the status of this application or proceeding should be directed to the receptionist whose telephone number is 571-272-2600.
Olisa Anwah
Patent Examiner
February 23, 2026
/OLISA ANWAH/Primary Examiner, Art Unit 2692