Prosecution Insights
Last updated: July 17, 2026
Application No. 18/484,575

VEHICLE FOR CONTROLLING NOISE FROM ROAD AND CONTROL METHOD THEREFOR

Final Rejection §102
Filed
Oct 11, 2023
Priority
Feb 28, 2023 — RE 10-2023-0026840
Examiner
BLAIR, KILE O
Art Unit
2691
Tech Center
2600 — Communications
Assignee
Spb Audio Lab Bulgaria Jsc
OA Round
2 (Final)
63%
Grant Probability
Moderate
3-4
OA Rounds
5m
Est. Remaining
71%
With Interview

Examiner Intelligence

Grants 63% of resolved cases
63%
Career Allowance Rate
442 granted / 697 resolved
+1.4% vs TC avg
Moderate +8% lift
Without
With
+8.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
18 currently pending
Career history
716
Total Applications
across all art units

Statute-Specific Performance

§101
1.0%
-39.0% vs TC avg
§103
77.5%
+37.5% vs TC avg
§102
13.4%
-26.6% vs TC avg
§112
4.5%
-35.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 697 resolved cases

Office Action

§102
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 § 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. Claims 1-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tani (US 20220215826, IDS 5/14/24). Regarding claim 1, Tani teaches a method of controlling noise in a vehicle traveling on a road (active noise reduction device that is mounted on the automobile, [0017]), the method comprising: receiving an input signal depending on conditions of the road (reference signal source 51 is an acceleration sensor, [0019]); extracting at least one root mean square (RMS) value based on the received input signal (d1 represents the signal level of the reference signal, is a so-called squared norm, and is the root-mean-square of reference signal x, [0034]); determining whether to update a filter related to road noise control based on the at least one RMS value (if it is determined by determiner 19 that the state of noise N0 has undergone a sudden change, at least one of adaptive filter 14 or filter coefficient updater 18 performs a restriction operation for being transitioned from a normal state to a restriction state in which the effect of reducing noise N0 is smaller than in the normal state, [0045]); and with the filter, outputting a noise control audio signal to a speaker, the noise control audio signal being in response to the input signal (using adaptive filter 14 to output a canceling signal form the cancelling sound source 52, fig 2, [0028-0029]; canceling sound source 52 can be a speaker, [0020]). Regarding claim 2, Tani teaches the method of claim 1, wherein the input signal is provided by an acceleration sensor of the vehicle (reference signal source 51 is an acceleration sensor, [0019]). Regarding claim 3, Tani teaches the method of claim 1, wherein the determining whether to update the filter further comprises: when the input signal is greater than or equal to a first input reference value (normal state when d1 is greater than first threshold, [0061]), updating the filter (larger step size parameter used in normal state means it updates, [0050]); and when the input signal is greater than or equal to the first input reference value and the input signal is greater than or equal to a first filter adaptation reference value (restriction state when d1 is greater than first threshold and d2 is greater than second threshold, [0062]), adjusting an output of the filter to zero without updating the filter (filter coefficient µ is set to zero in the restriction state, [0049]). Regarding claim 4, Tani teaches the method of claim 3, wherein the determining whether to update the filter further comprises: when the RMS value is greater than or equal to a second input reference value, ignoring the input signal and updating the filter (normal state when d1 is greater than first threshold, [0061]; larger step size parameter used in normal state means it updates, [0050]); and when the RMS value is greater than or equal to the second input reference value and the input signal is greater than or equal to a second filter adaptation reference value (restriction state when d1 is greater than first threshold and d2 is greater than second threshold, [0062]), adjusting an output of the filter to zero without updating the filter (filter coefficient µ is set to zero in the restriction state, [0049]). Regarding claim 5, Tani teaches the method of claim 1, wherein the at least one RMS value includes both a first RMS of a relatively short period (d2 is the root-mean-square of the reference signal in a most recent second predetermined period, [0043]; second predetermined period is a period that is shorter than the first predetermined period, [0044]) of the input signal and a second RMS of a relatively long period of the input signal (d1 represents the signal level of the reference signal, is a so-called squared norm, and is the root-mean-square of reference signal x in a most recent first predetermined period, [0034]). Claim 6 is substantially similar to claim 1 and is rejected for the same reasons. Claim 7 is substantially similar to claim 2 and is rejected for the same reasons. Claim 8 is substantially similar to claim 3 and is rejected for the same reasons. Claim 9 is substantially similar to claim 4 and is rejected for the same reasons. Claim 10 is substantially similar to claim 5 and is rejected for the same reasons. Response to Arguments Applicant's arguments filed 2/27/26 have been fully considered but they are not persuasive. Applicant’s main argument is that Tani does not teach determining to update the filter based on the at least one RMS value. Upon reviewing the arguments, it appears that applicant’s main rationale is that the specifically recited paragraph [0045] of Tani simply does not include the words “RMS value”. Applicant says near the end of the first paragraph on pg. 7 of the arguments that “Tani does not suggest any connection between an RMS value extracted from an input signal and a determination whether to update the filter.” The examiner points out that paragraph [0045] of Tani says that the filter coefficient update performs a state change when the state of the noise N0 has undergone a sudden change. N0 is the underlying noise condition that the system is monitoring and trying to mitigate. Tani makes clear that the system perceives N0 by way of the reference signal which has a correlation with N0 (Tani, [0026]). Tani, paragraph [0026]: First, a reference signal that has a correlation with noise N0 is input from reference signal source 51 to reference signal input terminal 11 (S11). Then paragraph [0034] says that d1 represents the signal level of the reference signal and is the RMS of the reference signal x in a most recent first predetermined period. Tani, paragraph [0034]: First representative input value d1 represents the signal level of the reference signal, is a so-called squared norm, and is the root-mean-square of reference signal x in a most recent first predetermined period (a period that corresponds to the number of samples N (where N is a natural number)). Tani also points out that the reference signal and the noise N0 obviously move with each other. Tani, paragraph [0039]: By doing so, when the signal level of the reference signal is large (or in other words, when noise N0 is large), step size parameter μ is reduced, and thus the operation is stabilized. When the signal level of the reference signal is small (or in other words, when noise N0 is small), step size parameter μ is increased, and thus the effect of reducing noise N0 can be obtained quickly. In other words, the system uses d1 and d2 as it’s indicators of what the noise N0 is. There is clearly no use of N0 directly. There is measurement of N0 by way of capturing the reference signal x and taking the RMS values of the reference signal, d1 and d2. The examiner went into some more depth in the rejection of claim 3 by citing paragraph [0062] of Tani where this interpretation is made clearer that it is d1 and d2 that are directly used by the determiner to update the filter. Tani, paragraph [0062]: As described above, determiner 19 may determine, in addition to whether second representative input value d2 is greater than the second threshold value, whether first representative input value d1 is less than or equal to the first threshold value, and at least one of adaptive filter 14 or filter coefficient updater 18 may be transitioned from the normal state to the restriction state based on whether the requirement that second representative input value d2 is greater than the second threshold value and first representative input value d1 is less than or equal to the first threshold value is satisfied. Applicant’s apparent interpretation that paragraph [0045] means to say that the noise N0 is directly evaluated by the determiner is not consistent with the disclosure of Tani. Clearly it is the representative values d1 and d2 which Tani actually discusses using as an indication of N0 in the context of the disclosure. Conclusion 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. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Kile Blair whose telephone number is (571)270-3544. The examiner can normally be reached 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, Duc Nguyen can be reached at 571-272-7503. 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. /KILE O BLAIR/ Primary Examiner, Art Unit 2691
Read full office action

Prosecution Timeline

Oct 11, 2023
Application Filed
Dec 03, 2025
Non-Final Rejection mailed — §102
Feb 27, 2026
Response Filed
Jun 03, 2026
Final Rejection mailed — §102 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
63%
Grant Probability
71%
With Interview (+8.0%)
3y 2m (~5m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 697 resolved cases by this examiner. Grant probability derived from career allowance rate.

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