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 .
Response to Arguments
Applicant's arguments filed 12 November 2025 have been fully considered but they are not persuasive.
Claims 1,2,3, 9 and 17 are not persuasive
For claims 1, 9 and 17,
Applicant states the prior art of Felton fails to specifically teach Applicant’s claimed invention.
For at least claims 1, Applicant states that the prior art fails to teach an electronic device comprising:
a controller…which: monitors presentation of audio output via each of the at least one wearable audio
output device to obtain a total time of exposure of a user to presentation of the audio output
via each of the at least one wearable audio output device;…presents an alert via an output device in response to the total time of audio exposure exceeding the audio exposure threshold.
The Examiner disagrees.
In the broadest interpretation allowed without reading the specification into the claims (MPEP 2111.01), the prior art of Felton teaches the limitation of a controller which monitors presentation of audio output via each of the at least one wearable audio output device to obtain a total time of exposure of a user to presentation of the audio output via each of the at least one wearable audio output device. In Par [0257] teaches a flow diagram for monitoring noise levels. Further, the prior art also shows the total time as described in Par [0281] (e.g., a week).
Fig 8c (below) clearly demonstrates a total time period of 7 days as shown in 805 (e.g. highlighted square). Also, note the decibel output also shown on the user screen (e.g. highlighted rectangle) Furthermore in 9A shows more details maximum and minimum noise values, i.e. audio output (See [0317])
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The prior art further teaches comparing the total time of audio exposure to an audio exposure threshold and presents an alert via an output device in response to the total time of audio exposure exceeding the audio exposure threshold
([0296] Device 900 also updated, audio classification indicator 922 to indicate that the average audio level (e.g., 90 DB) has exceeded an 80 DB threshold with an “LOUD” and caution graphic.
[0261] In some embodiments, at a first time point prior to displaying the first user interface (e.g., 608A, 608C) and in accordance with a determination that a set of noise notification criteria are met, the noise notification criteria including a criterion that is met when a current noise level over a third period of time ..., the electronic device displays (702) a noise level notification (608D) that includes: an indication of the current noise level over the third period of time... text indicating the amount of time that the current noise level has exceeded the third threshold noise level).
Moreover, the prior art shows another teaching for comparing the total time of audio exposure to an audio exposure threshold and presents an alert via an output device in response to the total time of audio exposure exceeding the audio exposure threshold by describing data points of alert notifications for a total period
([0516] Data point 1731 shows that an alert was generated when output volume represented by audio exposure data 1714-2 was 103 dB on approximately May 13, 2019. Data point 1732 shows that an alert was generated when output volume represented by audio exposure data 1714-2 was 100 dB on approximately May 21, 2019. Data point 1733 shows that an alert was generated when output volume represented by audio exposure data 1714-2 was 103 dB on approximately May 27, 2019.) (i.e. noise alert notifications determine by a set period)).
Therefore, the prior art of Felton, in the broadest interpretation allowed, teaches the claimed inventions of claims 1, 9 and 17.
Moreover, Applicant's arguments fail to comply with 37 CFR 1.111(b) because they amount to a general allegation that the claims define a patentable invention without specifically pointing out how the language of the claims patentably distinguishes them from the references.
Lastly, Applicant's arguments do not comply with 37 CFR 1.111(c) because they do not clearly point out the patentable novelty which he or she thinks the claims present in view of the state of the art disclosed by the references cited or the objections made. Further, they do not show how the amendments avoid such references or objections.
For claim 2,
Applicant states the prior art fails to teach at least one second electronic device presenting second audio output via at least one wearable audio output devices; receives, from the at least one second electronic device, audio exposure data originating at the at least one second electronic device; and determines the total time of the audio exposure to the user by aggregating audio exposure data for audio originating at the electronic device and audio originating at the at least one second electronic device.
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[AltContent: rect]However, the Examiner disagrees as the prior art of Felton, in the broadest interpretation allowed, teaches at least one second electronic device presenting second audio output via at least one wearable audio output devices (See Par [0287] [0400] and Fig 9C and 9d, shows data of earbuds and data of headphones);
receives, from the at least one second electronic device, audio exposure data originating at the at least one second electronic device ([0306] [0307]) Fig 9C and 9d, shows data of earbuds and data of headphones. See highlighted red box);
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and determines the total time of the audio exposure to the user by aggregating audio exposure data for audio originating at the electronic device and audio originating at the at least one second electronic device
(See [0408] [0521] Audio exposure graph 1738 represents an aggregate of recent audio exposure (e.g., measured from recent audio exposure data) over a current seven-day period (e.g., a rolling seven day window).).
Therefore, the prior art of Felton, in the broadest interpretation allowed, teaches the claimed inventions of claim 2.
Moreover, Applicant's arguments fail to comply with 37 CFR 1.111(b) because they amount to a general allegation that the claims define a patentable invention without specifically pointing out how the language of the claims patentably distinguishes them from the references.
Lastly, Applicant's arguments do not comply with 37 CFR 1.111(c) because they do not clearly point out the patentable novelty which he or she thinks the claims present in view of the state of the art disclosed by the references cited or the objections made. Further, they do not show how the amendments avoid such references or objections.
For claim 3,
Applicant states the prior art fails to specifically teach the limitation of transmitting…audio exposure data for audio originating at the electronic device to the at least one second electronic device to enable the at least one second electronic device to aggregate audio exposure originating at the electronic device and audio exposure originating at the at least one second electronic device and to generate a subsequent alert in response to a second aggregate total time of audio exposure exceeding the
audio exposure threshold. The Examiner disagrees as Fig. 17E and ([0516]) below provides the teaching for this limitation:
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([0516] Data point 1731 shows that an alert was generated when output volume represented by audio exposure data 1714-2 was 103 dB on approximately May 13, 2019. Data point 1732 shows that an alert was generated when output volume represented by audio exposure data 1714-2 was 100 dB on approximately May 21, 2019. Data point 1733 shows that an alert was generated when output volume represented by audio exposure data 1714-2 was 103 dB on approximately May 27, 2019.).
Therefore, the prior art clearly shows the teachings of the second device and to generate a subsequent alert in response to a second aggregate total time of audio exposure exceeding the audio exposure threshold (e.g. May 21, 2019, May 27, 2019 after alarm from May 13, 2019).
Moreover, Applicant's arguments fail to comply with 37 CFR 1.111(b) because they amount to a general allegation that the claims define a patentable invention without specifically pointing out how the language of the claims patentably distinguishes them from the references.
Lastly, Applicant's arguments do not comply with 37 CFR 1.111(c) because they do not clearly point out the patentable novelty which he or she thinks the claims present in view of the state of the art disclosed by the references cited or the objections made. Further, they do not show how the amendments avoid such references or objections.
Claim 5 and 13 are persuasive
Applicant’s arguments, see pages, filed 12 November 2025, with respect to claim 5 have been fully considered and are persuasive. The U.S.C.102 rejection of claims 5 and13 have been withdrawn.
For claims 5 and 13, the prior art of record fails to teach wherein the at least one wearable audio output device comprises at least two wearable audio output devices; and the controller: maintains subtotal values for audio exposure duration for each of the at least two wearable audio output devices; identifies a respective air leakage value and audio exposure threshold for each wearable audio output device of the at least two wearable audio output devices; compares the respective audio exposure threshold to the subtotal values during an exposure period of time; and presents the alert via the output device to pause audio output in response to the total time of audio exposure from any one of the at least two wearable audio output devices exceeding the respective audio exposure threshold for a corresponding one of the at least two wearable audio output devices.
Claim Rejections - 35 USC § 102
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 (i.e., changing from AIA to pre-AIA ) 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.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-4, 9-12,14, and 17-20 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Felton (US 20220109932 A1).
Claim 1. Felton teaches an electronic device (Figs. 1a) comprising:
an audio driver configured to communicatively couple and transmit audio output to at least one wearable audio output device
([0070] audio circuitry 110, speaker 111
([0077] The headset jack provides an interface between audio circuitry 110 and removable audio input/output peripherals, such as output-only headphones or a headset with both output (e.g., a headphone for one or both ears) and input (e.g., a microphone).
[0400] the computer system detects communication (e.g., establishing a connection) with a second external audio output device (e.g., new headphones 1297) different from the first external audio output device (e.g., a second, different set of headphones).)),
; and a controller communicatively coupled to the audio driver
([0070] one or more processing units (CPUs) 120)
, and which: monitors presentation of audio output via each of the at least one wearable audio output device to obtain a total time of exposure of a user to presentation of the audio output via each of the at least one wearable audio output device
([0028][0257] [0281] As depicted in FIGS. 8C-8D, environmental noise exposure data associated with a specific period (e.g., day of a week) on chart 805 is selected (e.g., via user input 806C). In response to selection,
[0317] maximum value of the noise level data (e.g., 908) and the minimum value of the noise level data (e.g., values representing the highest and lowest noise levels within the combined first noise level data and second noise level data) for a second time period (e.g., a day, a week) (e.g., 910).);
compares the total time of audio exposure to an audio exposure threshold; and presents an alert via an output device in response to the total time of audio exposure exceeding the audio exposure threshold
([0296] Device 900 also updated, audio classification indicator 922 to indicate that the average audio level (e.g., 90 DB) has exceeded an 80 DB threshold with an “LOUD” and caution graphic.
[0261] In some embodiments, at a first time point prior to displaying the first user interface (e.g., 608A, 608C) and in accordance with a determination that a set of noise notification criteria are met, the noise notification criteria including a criterion that is met when a current noise level over a third period of time ..., the electronic device displays (702) a noise level notification (608D) that includes: an indication of the current noise level over the third period of time... text indicating the amount of time that the current noise level has exceeded the third threshold noise level (e.g. compares the total time of audio exposure to an audio exposure threshold and presenting)
[0516] Data point 1731 shows that an alert was generated when output volume represented by audio exposure data 1714-2 was 103 dB on approximately May 13, 2019. Data point 1732 shows that an alert was generated when output volume represented by audio exposure data 1714-2 was 100 dB on approximately May 21, 2019. Data point 1733 shows that an alert was generated when output volume represented by audio exposure data 1714-2 was 103 dB on approximately May 27, 2019.) (i.e. noise alert notifications determine by set period)) (e.g. depicting an example of total time showing alerts of exceeding the threshold)).
Claim 2. Felton teaches the electronic device of claim 1, further comprising: a communications subsystem by which the electronic device communicates with at least one second electronic device that also presents audio output via one or more of the at least one wearable audio output device
([0400] the computer system detects communication (e.g., establishing a connection) with a second external audio output device (e.g., new headphones 1297) different from the first external audio output device (e.g., a second, different set of headphones).
[0306] The electronic device receives (1002) first noise level data attributable to a first device type (e.g., uncalibrated devices, such as wired headphones connected to the electronic device via a port (e.g., a headphone jack) or uncalibrated wireless headphones). The electronic device receives (1002) second noise level data attributable to a second device type (e.g., calibrated devices, such as calibrated wireless headphones) different from the first device type.
Fig 9C and 9d, shows data of earbuds and data of headphones);
wherein the controller: associates the electronic device and at least one second electronic device with a first user, the at least one second electronic device presenting second audio output via the one or more of the at least one wearable audio output devices for listening by the first user
([0406] FIGS. 14A-14AK illustrate device 1400 displaying user interfaces on display 1402 (e.g., a display device or display generation component) for generating audio exposure alerts (also referred to as notifications) and managing various audio exposure settings for a user account associated with device 1400.);
receives, via the communications subsystem from the at least one second electronic device, audio exposure data originating at the at least one second electronic device
([0287] s depicted in FIG. 9A, chart 905 includes maximum indication 908 and minimum indication 910, representing the highest and lowest audio amplitude levels experienced by a user of device 900 due to use of connected audio output devices. [0400] In some embodiments, in response to detecting communication with the second audio output device, the computer system displays, via the display generation component (e.g., 1202)...(e.g., automatically) the first audio settings profile with the second external audio output device);
and determines the total time of the audio exposure to the user by aggregating audio exposure data from audio originating at the electronic device and audio originating at the at least one second electronic device
([0408] the audio exposure threshold can be an aggregate exposure limit (e.g., a limit of an amount of audio that is accumulated over a period of time).
[0306] The electronic device receives (1002) first noise level data attributable to a first device type (e.g., uncalibrated devices, such as wired headphones connected to the electronic device via a port (e.g., a headphone jack) or uncalibrated wireless headphones). The electronic device receives (1002) second noise level data attributable to a second device type (e.g., calibrated devices, such as calibrated wireless headphones) different from the first device type.
[0307] The first user interface includes a first representation of received noise level data that is based on the first noise level data and the second noise level data (e.g., a graph showing combined data or concurrently showing separate data for each of the first and second noise level data) (1006) (e.g., 905 in FIG. 9A).
[0521] Audio exposure graph 1738 represents an aggregate of recent audio exposure (e.g., measured from recent audio exposure data) over a current seven-day period (e.g., a rolling seven day window). Audio exposure graph 1738 includes aggregate audio exposure measurement 1738-1, aggregate audio exposure threshold 1738-2, and date range 1738-3 indicating the seven-day period during which the aggregate of the audio exposure data is measured. ).
Claim 3. Felton teaches the electronic device of claim 2, wherein the controller transmits, via the communications subsystem, audio exposure data originating at the electronic device to the at least one second electronic device to enable the at least one second electronic device to aggregate audio exposure originating at the electronic device and audio exposure originating at the at least one second electronic device and to generate a subsequent alert in response to a second aggregate total time of audio exposure exceeding the audio exposure threshold
([0516] Data point 1731 shows that an alert was generated when output volume represented by audio exposure data 1714-2 was 103 dB on approximately May 13, 2019. Data point 1732 shows that an alert was generated when output volume represented by audio exposure data 1714-2 was 100 dB on approximately May 21, 2019. Data point 1733 shows that an alert was generated when output volume represented by audio exposure data 1714-2 was 103 dB on approximately May 27, 2019.).
Claim 4. Felton teaches the electronic device of claim 1, wherein the controller: monitors audio power level of the audio output; compares the audio power level to an audio power threshold; and aggregates the audio exposure total based at least in part on the audio power level being above the audio power threshold
([0280][0289] As depicted in FIGS. 8C-8I user interface 808C includes chart 805 displaying environmental noise exposure data (e.g., amplitudes or levels of noise a user associated with device 800 has been exposed to) over a selectable period (e.g., day, week, month, year).
represents the audio amplitudes levels a device user has been exposed to over the course of a day or other period of time (e.g., hour, week, year, month). As depicted in FIG. 9A, user interface 904A includes an audio classification indicator 922, which provides a non-numeric indication (e.g., an indication including graphics and/or text) of the average audio level relative to a threshold (e.g., a predetermined 80 DB threshold).).
Claim 9. Felton teaches a method comprising:
communicatively coupling and transmitting an audio output from an electronic device to at least one wearable audio output device
([0077] The headset jack provides an interface between audio circuitry 110 and removable audio input/output peripherals, such as output-only headphones or a headset with both output (e.g., a headphone for one or both ears) and input (e.g., a microphone).
[0400] the computer system detects communication (e.g., establishing a connection) with a second external audio output device (e.g., new headphones 1297) different from the first external audio output device (e.g., a second, different set of headphones).);
monitoring presentation of audio output via each of the at least one wearable audio output device to obtain a total time of exposure of a user to presentation of the audio output via each of the at least one wearable audio output device
([0028][0257] [0281] As depicted in FIGS. 8C-8D, environmental noise exposure data associated with a specific period (e.g., day of a week) on chart 805 is selected (e.g., via user input 806C). In response to selection,
[0317] maximum value of the noise level data (e.g., 908) and the minimum value of the noise level data (e.g., values representing the highest and lowest noise levels within the combined first noise level data and second noise level data) for a second time period (e.g., a day, a week) (e.g., 910).);
comparing the total time of audio exposure to an audio exposure threshold; and presenting an alert via an output device in response to the total time of audio exposure exceeding the audio exposure threshold
([0296] Device 900 also updated, audio classification indicator 922 to indicate that the average audio level (e.g., 90 DB) has exceeded an 80 DB threshold with an “LOUD” and caution graphic.
[0261] In some embodiments, at a first time point prior to displaying the first user interface (e.g., 608A, 608C) and in accordance with a determination that a set of noise notification criteria are met, the noise notification criteria including a criterion that is met when a current noise level over a third period of time ..., the electronic device displays (702) a noise level notification (608D) that includes: an indication of the current noise level over the third period of time...
[0516] Data point 1731 shows that an alert was generated when output volume represented by audio exposure data 1714-2 was 103 dB on approximately May 13, 2019. Data point 1732 shows that an alert was generated when output volume represented by audio exposure data 1714-2 was 100 dB on approximately May 21, 2019. Data point 1733 shows that an alert was generated when output volume represented by audio exposure data 1714-2 was 103 dB on approximately May 27, 2019.) (i.e. noise alert notifications determine by set period)) (e.g. depicting an example of total time showing alerts of exceeding the threshold) ).
Claim 10. Felton teaches the method of claim 9, further comprising:
associating the electronic device and at least one second electronic device with a first user
([0400] the computer system detects communication (e.g., establishing a connection) with a second external audio output device (e.g., new headphones 1297) different from the first external audio output device (e.g., a second, different set of headphones).);
presenting, at the at least one second electronic device, second audio output via one or more of the at least one wearable audio output devices for listening by the first user
([0406] FIGS. 14A-14AK illustrate device 1400 displaying user interfaces on display 1402 (e.g., a display device or display generation component) for generating audio exposure alerts (also referred to as notifications) and managing various audio exposure settings for a user account associated with device 1400.);
receiving, via a communications subsystem of the electronic device, audio exposure data originating at the at least one second electronic device
([0287] s depicted in FIG. 9A, chart 905 includes maximum indication 908 and minimum indication 910, representing the highest and lowest audio amplitude levels experienced by a user of device 900 due to use of connected audio output devices. [0400] In some embodiments, in response to detecting communication with the second audio output device, the computer system displays, via the display generation component (e.g., 1202)...(e.g., automatically) the first audio settings profile with the second external audio output device);
and determining the total time of the audio exposure to the user by aggregating audio exposure data from audio originating at the electronic device and audio originating at the at least one second electronic device
([0408] the audio exposure threshold can be an aggregate exposure limit (e.g., a limit of an amount of audio that is accumulated over a period of time). ).
Claim 11. Felton teaches the method of claim 10, further comprising transmitting, via the communications subsystem, audio exposure data originating at the electronic device to the at least one second electronic device to enable the at least one second electronic device to aggregate audio exposure data originating at the electronic device and audio exposure originating at the at least one second electronic device and to generate a subsequent alert in response to a second aggregate total time of audio exposure exceeding the audio exposure threshold
([0516] Data point 1731 shows that an alert was generated when output volume represented by audio exposure data 1714-2 was 103 dB on approximately May 13, 2019. Data point 1732 shows that an alert was generated when output volume represented by audio exposure data 1714-2 was 100 dB on approximately May 21, 2019. Data point 1733 shows that an alert was generated when output volume represented by audio exposure data 1714-2 was 103 dB on approximately May 27, 2019.).
Claim 12. Felton teaches the method of claim 9, further comprising: monitoring audio power level of the audio output; comparing the audio power level to an audio power threshold; and aggregating the audio exposure total based at least in part on the audio power level being above the audio power threshold
([0280][0289] As depicted in FIGS. 8C-8I user interface 808C includes chart 805 displaying environmental noise exposure data (e.g., amplitudes or levels of noise a user associated with device 800 has been exposed to) over a selectable period (e.g., day, week, month, year).
represents the audio amplitudes levels a device user has been exposed to over the course of a day or other period of time (e.g., hour, week, year, month). As depicted in FIG. 9A, user interface 904A includes an audio classification indicator 922, which provides a non-numeric indication (e.g., an indication including graphics and/or text) of the average audio level relative to a threshold (e.g., a predetermined 80 DB threshold).).
Claim 14. Felton teaches the method of claim 9, wherein: the at least one wearable audio output device comprises at least two wearable audio output devices; and the method further comprises: maintaining subtotal values for audio exposure duration for each of the at least two wearable audio output devices
([0312] In some embodiments, the first noise level data corresponds to noise level data attributable to a plurality of devices (e.g., a plurality of sets of linked devices (e.g., pairs of linked wireless headphones);
identifying a respective air leakage value and audio exposure threshold for each wearable audio output device of the at least one wearable audio output device
([0568] [0568] In some embodiments, the audio exposure data corresponds to ambient sound (e.g., noise). (e.g., the audio exposure data is noise level data). );
comparing each corresponding audio exposure threshold to the audio exposure from a corresponding wearable audio output device during an exposure period of time
([0562] In some embodiments, the first audio exposure value corresponds to an aggregate audio exposure value over a period of time. In some embodiments, the first visual indication includes an indication of the period of time of the aggregate audio exposure that corresponds to the first alert. In some embodiments, when the alert is generated in response to exceeding an aggregate audio exposure limit, the audio exposure UI displays the seven-day period of audio exposure data that triggered the alert.);
and presenting the alert via the output device to switch to another wearable audio output device in response to the total time of audio exposure from a corresponding wearable audio output device exceeding the respective audio exposure threshold for any one of the at least two wearable audio output devices
([0562] In some embodiments, the first audio exposure value corresponds to an aggregate audio exposure value over a period of time. In some embodiments, the first visual indication includes an indication of the period of time of the aggregate audio exposure that corresponds to the first alert. In some embodiments, when the alert is generated in response to exceeding an aggregate audio exposure limit, the audio exposure UI displays the seven-day period of audio exposure data that triggered the alert. ).
Claim 17. Felton teaches a computer program product comprising: a non-transitory computer readable storage device
([0074][0075] memory 102);
and program code on the computer readable storage device that when executed by a processor associated with an electronic device, the program code enables the electronic device to provide functionality of: communicatively coupling and transmitting an audio output from the electronic device to at least one wearable audio output device
([0070] audio circuitry 110, speaker 111
([0077] The headset jack provides an interface between audio circuitry 110 and removable audio input/output peripherals, such as output-only headphones or a headset with both output (e.g., a headphone for one or both ears) and input (e.g., a microphone).
[0400] the computer system detects communication (e.g., establishing a connection) with a second external audio output device (e.g., new headphones 1297) different from the first external audio output device (e.g., a second, different set of headphones).);
monitoring presentation of audio output via each of the at least one wearable audio output device to obtain a total time of exposure of a user to presentation of the audio output via each of the at least one wearable audio output device
([0028][0257] [0281] As depicted in FIGS. 8C-8D, environmental noise exposure data associated with a specific period (e.g., day of a week) on chart 805 is selected (e.g., via user input 806C). In response to selection,
[0317] maximum value of the noise level data (e.g., 908) and the minimum value of the noise level data (e.g., values representing the highest and lowest noise levels within the combined first noise level data and second noise level data) for a second time period (e.g., a day, a week) (e.g., 910).);
comparing the total time of audio exposure to an audio exposure threshold; and presenting an alert via an output device in response to the total time of audio exposure exceeding the audio exposure threshold
([0296] Device 900 also updated, audio classification indicator 922 to indicate that the average audio level (e.g., 90 DB) has exceeded an 80 DB threshold with an “LOUD” and caution graphic.
[0261] In some embodiments, at a first time point prior to displaying the first user interface (e.g., 608A, 608C) and in accordance with a determination that a set of noise notification criteria are met, the noise notification criteria including a criterion that is met when a current noise level over a third period of time ..., the electronic device displays (702) a noise level notification (608D) that includes: an indication of the current noise level over the third period of time...
[0516] Data point 1731 shows that an alert was generated when output volume represented by audio exposure data 1714-2 was 103 dB on approximately May 13, 2019. Data point 1732 shows that an alert was generated when output volume represented by audio exposure data 1714-2 was 100 dB on approximately May 21, 2019. Data point 1733 shows that an alert was generated when output volume represented by audio exposure data 1714-2 was 103 dB on approximately May 27, 2019.) (i.e. noise alert notifications determine by set period)) (e.g. depicting an example of total time showing alerts of exceeding the threshold)).
Claim 18. Felton teaches the computer program product of claim 17, wherein the program code enables the electronic device to provide functionality of: associating the electronic device and at least one second electronic device with a first user
(([0400] the computer system detects communication (e.g., establishing a connection) with a second external audio output device (e.g., new headphones 1297) different from the first external audio output device (e.g., a second, different set of headphones).
[0406] FIGS. 14A-14AK illustrate device 1400 displaying user interfaces on display 1402 (e.g., a display device or display generation component) for generating audio exposure alerts (also referred to as notifications) and managing various audio exposure settings for a user account associated with device 1400.);
presenting, at the at least one second electronic device, second audio output via one or more of the at least one wearable audio output devices for listening by the first user
([0406] FIGS. 14A-14AK illustrate device 1400 displaying user interfaces on display 1402 (e.g., a display device or display generation component) for generating audio exposure alerts (also referred to as notifications) and managing various audio exposure settings for a user account associated with device 1400.);
receiving, via a communications subsystem of the electronic device, audio exposure data originating at the at least one second electronic device
([0287] s depicted in FIG. 9A, chart 905 includes maximum indication 908 and minimum indication 910, representing the highest and lowest audio amplitude levels experienced by a user of device 900 due to use of connected audio output devices. [0400] In some embodiments, in response to detecting communication with the second audio output device, the computer system displays, via the display generation component (e.g., 1202)...(e.g., automatically) the first audio settings profile with the second external audio output device)
; and determining the total time of the audio exposure to the user by aggregating audio exposure data from audio originating at the electronic device and audio originating at the at least one second electronic device
([0408] the audio exposure threshold can be an aggregate exposure limit (e.g., a limit of an amount of audio that is accumulated over a period of time). ).
Claim 19. Felton teaches the computer program product of claim 18, wherein the program code enables the electronic device to provide functionality of transmitting, via the communications subsystem, audio exposure data originating at the electronic device to the at least one second electronic device to enable the at least one second electronic device to aggregate audio exposure data originating at the electronic device and at the at least one second electronic device and to generate a subsequent alert in response to a second total time of audio exposure exceeding the audio exposure threshold
([0271] a graphical indication) (e.g., 620, 624, 636, 640) that varies in appearance based on the noise level over a second period of time that is different from the first period of time (e.g., averaged over a 1-second window).).
Claim 20. Felton teaches the computer program product of claim 17, wherein the program code enables the electronic device to provide functionality of: monitoring audio power level of the audio output; comparing the audio power level to an audio power threshold; and
aggregating the audio exposure total based at least in part on the audio power level being above the audio power threshold
([0280][0289] As depicted in FIGS. 8C-8I user interface 808C includes chart 805 displaying environmental noise exposure data (e.g., amplitudes or levels of noise a user associated with device 800 has been exposed to) over a selectable period (e.g., day, week, month, year).
represents the audio amplitudes levels a device user has been exposed to over the course of a day or other period of time (e.g., hour, week, year, month). As depicted in FIG. 9A, user interface 904A includes an audio classification indicator 922, which provides a non-numeric indication (e.g., an indication including graphics and/or text) of the average audio level relative to a threshold (e.g., a predetermined 80 DB threshold).).
Claim Rejections - 35 USC § 103
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 (i.e., changing from AIA to pre-AIA ) 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.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 6 is rejected under 35 U.S.C. 103 as being unpatentable over Felton in view of Li (CN 110764730 A).
Claim 6. Felton teaches the electronic device of claim 1, wherein: the at least one wearable audio output device comprises at least two wearable audio output devices
([0312] In some embodiments, the first noise level data corresponds to noise level data attributable to a plurality of devices (e.g., a plurality of sets of linked devices (e.g., pairs of linked wireless headphones).);
and the controller: maintains subtotal values for audio exposure duration for each of the at least two wearable audio output devices
([0568] [0568] In some embodiments, the audio exposure data corresponds to ambient sound (e.g., noise). (e.g., the audio exposure data is noise level data). );
identifies a respective air leakage value and audio exposure threshold for each wearable audio output device of the at least one wearable audio output device
([0562] In some embodiments, the first audio exposure value corresponds to an aggregate audio exposure value over a period of time. In some embodiments, the first visual indication includes an indication of the period of time of the aggregate audio exposure that corresponds to the first alert. In some embodiments, when the alert is generated in response to exceeding an aggregate audio exposure limit, the audio exposure UI displays the seven-day period of audio exposure data that triggered the alert.);
compares each respective audio exposure threshold to the audio exposure from a corresponding wearable audio output device during an exposure period of time
([0309] In response detecting the first user input, the electronic device displays (1014) a second representation of received noise level data that is based on the second noise level data and that is not based on the first noise level data (e.g., a second representation (e.g., a separate graph, a visual emphasis on the first representation) that emphasizes noise level data from calibrated devices compared to the depiction of noise level data in the first representation)
[0564] In some embodiments, the sum of alerts includes a sum of alerts generated in response to exceeding an aggregate audio exposure limit (e.g., the audio exposure threshold).).
Felton further discloses the process of using new audio output devices and lowering the audio output when limit has been reached over a period of time ([0424]) but does not specifically disclose presents the alert via the output device to switch to another wearable audio output device in response to the total time of audio exposure from a corresponding wearable audio output device exceeding the respective audio exposure threshold for a corresponding one of the at least two wearable audio output devices.
However, Li teaches presents the alert via the output device to switch to another wearable audio output device in response to the total time of audio exposure from a corresponding wearable audio output device exceeding the respective audio exposure threshold for a corresponding one of the at least two wearable audio output devices
(Page 9- an audio device may be a headset terminal, with a speaker, also can be external loudspeaker, such as Bluetooth loudspeaker box for playing audio data;
Page 8- In one possible method for implementing process, the terminal in the process of playing audio data, capable of detecting play noise through the microphone, when detecting the playing noise volume is greater than a preset threshold, then in at least two audio device, determining a fourth audio device audio device other than the currently used by the fourth audio device, playing the audio data.
Page 9- Optionally, the terminal after determining the first audio device, and to switch the audio device being used before, further can send switching prompt to the user, the corresponding can be, if the terminal current through the second audio device plays the audio data, displaying the prompt window for switching to the first audio device; when the terminal receives the trigger of confirming switching instruction by the prompt window, the terminal and then through the first audio device to play audio data.).
Therefore, it would have been obvious to one ordinarily skilled in the art before the effective filing date of invention to use an output device to switch to another wearable audio output device as taught by Li within the system of Felton for the purpose of enhancing the system with an added feature to switch another sound output source in an effort to preserve the hearing of the user.
Claim(s) 8 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Felton in view of Shuai (CN 108270913 A).
Claim 8. Felton teaches the electronic device of claim 1, wherein: the output device comprises at least one of the wearable audio output device and a display
([0014]detecting a first user input corresponding to selection of the first device type data filtering affordance; and in response detecting the first user input, displaying a second representation of received noise level data that is based on the second noise level data and that is not based on the first noise level data.);
the electronic device further comprises an input device communicatively coupled to the controller
([0014]detecting a first user input corresponding to selection of the first device type data filtering affordance; and in response detecting the first user input, displaying a second representation of received noise level data that is based on the second noise level data and that is not based on the first noise level data.).
Felton further discloses the process of accepting input related to filtering noise levels but does not specifically disclose the controller: presents, as the alert, output comprising a prompt to pause the audio output; and pauses the presentation of the audio output on a current one of the at least one audio output device, in response to receiving a corresponding input via the input device.
However, Shuai teaches the controller: presents, as the alert, output comprising a prompt to pause the audio output; and pauses the presentation of the audio output on a current one of the at least one audio output device, in response to receiving a corresponding input via the input device (Page 3 - earphone sound efficiency calculating intraday accumulated acoustic energy E, and judges intraday accumulated acoustic energy E exceeds the daily sound energy safety level threshold Es, the intraday accumulated acoustic energy E daily acoustic energy exceeds the safety level threshold Es. pause the audio output, and displaying whether to continue playing the audio prompt.).
Therefore, it would have been obvious to one ordinarily skilled in the art before the effective filing date of invention to use the controller as taught by Shuai within the system of Felton for the purpose of enhancing an additional safety feature to promote the user to take a break from audio usage.
Claim 16. Felton teaches the method of claim 9, wherein: the output device comprises at least one of the wearable audio output device and a display
([0014]detecting a first user input corresponding to selection of the first device type data filtering affordance; and in response detecting the first user input, displaying a second representation of received noise level data that is based on the second noise level data and that is not based on the first noise level data..
Felton further discloses the process of accepting input related to filtering noise levels but does not specifically disclose presenting, as the alert, output comprising a prompt to pause the audio output; and pausing the presentation of the audio output on a current one of the at least one audio output device, in response to receiving a corresponding input by the input device.
However, Shuai teaches presenting, as the alert, output comprising a prompt to pause the audio output; and pauses the presentation of the audio output on a current one of the at least one audio output device, in response to receiving a corresponding input via the input device (Page - earphone sound efficiency calculating intraday accumulated acoustic energy E, and judges intraday accumulated acoustic energy E exceeds the daily sound energy safety level threshold Es, the intraday accumulated acoustic energy E daily acoustic energy exceeds the safety level threshold Es. pause the audio output, and displaying whether to continue playing the audio prompt.).
Therefore, it would have been obvious to one ordinarily skilled in the art before the effective filing date of invention to use the process of a prompt to pause the audio output as taught by Shuai within the system of Felton for the purpose of enhancing an additional safety feature to promote the user to take a break from audio usage.
Allowable Subject Matter
Claims 5, 7 and 13, 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.
The following is a statement of reasons for the indication of allowable subject matter: The prior art of Park (US 20250029632 A1) was the closest prior art to teach the process of segmenting the audio data into durations and applying edge weights and biases of aggregated mixed sound channels to obtain thresholds of sound. However, the prior art of record fails to specifically teach
the method and controller in response to determining that two or more wearable audio output devices having different air leakage values are used during an exposure period of time: maintains subtotal values for audio exposure duration for each of the wearable audio output devices; assigns a proportional weight to a respective duration of audio exposure for each of the two or more wearable audio output devices in relation to a ratio of the corresponding air leakage value to the preset air leakage value to normalize the respective durations; aggregates the weighted durations of audio exposure to a total audio exposure value; compares the total audio exposure value to the preset audio exposure threshold; and presents an alert via the output device in response to the total time of audio exposure contributed by the two or more wearable audio output devices exceeding the preset audio exposure threshold.
For claims 5 and 13, the prior art of record fails to teach wherein the at least one wearable audio output device comprises at least two wearable audio output devices; and the controller: maintains subtotal values for audio exposure duration for each of the at least two wearable audio output devices; identifies a respective air leakage value and audio exposure threshold for each wearable audio output device of the at least two wearable audio output devices; compares the respective audio exposure threshold to the subtotal values during an exposure period of time; and presents the alert via the output device to pause audio output in response to the total time of audio exposure from any one of the at least two wearable audio output devices exceeding the respective audio exposure threshold for a corresponding one of the at least two wearable audio output devices.
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.
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/RUFUS C POINT/Primary Examiner, Art Unit 2689