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 .
Under 35 USC § 101
Although claim 1 includes abstract ideas, certain mathematical operations,
including frequency weighting a current sound pressure, estimating a time until a sound-dose threshold will be exceeded, and calculating an updated sound pressure, claim 1 as a whole integrates such mathematical operations into a practical application. In particular, claim 1requires an audio playback arrangement comprising a transducer, controller, and microphone arranged to measure a current sound pressure experienced by a listener, and uses the measured sound pressure together with listener-specific sound-pressure data and a hearing profile to determine whether the listener ‘s sound dose is predicted to exceed a threshold within a dose period. When the estimated time is sufficient, the claimed system calculates an updated sound pressure for which the estimated time to the sound-dose threshold meets or exceeds the dose period and provides instructions for controlling the current sound pressure to meet the calculated updated sound pressure. Thus, the claimed mathematical operations are not merely calculated, stored, or displayed, but are used in a specific audio-control process to prospectively control the physical sound pressure experienced by the listener. Considered as an ordered combination, the claim therefore meaningfully applies the recited calculations to the operation of an audio playback system for individualized acoustic-exposure control and integrates any recited judicial exception under Step 2A and is patent eligible under 35 U.S.C. § 101.
Accordingly, claims 1-10 are patent eligible under 35 U.S.C. § 101.
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.
Claims 1-7 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over
Noorahiyan et al. (US 2016/0316306) (hereinafter Noorahiyan) in view of Muggleton et al. (US2019/0385583) (hereinafter Muggleton) and further in view of Kurakata et al. (Patent No. US 6,829,939) (hereinafter Kurakata).
As per claim 1, Noorahiyan teaches a system for monitoring and controlling acoustic energy or sound dose experienced by a listener using a headset. Noorahiyan expressly states that “acoustic energy” and “accumulated acoustic energy” encompass acoustic exposure level over a period of time and acoustic dose, and that such exposure may be referenced to the user’s eardrum or another point along the audio/acoustic path (see Abstract and ¶ [0036]). Noorahiyan further teaches a computing device includes a processor and audio output and the headset includes speakers/transducers for outputting sound to the user (see ¶¶ [0036],[0039]-[0042]).
Noorahiyan teaches obtaining accumulated acoustic energy already experienced by the listener and comparing the accumulated acoustic energy with a maximum allowable threshold to determine the listener’s remaining allowable acoustic energy (Abstract and ¶ [0007]). The allowable threshold may be defined in terms of sound level and exposure duration, for example, 85 dBA for an eight-hour period, with correspondingly higher allowable levels for shorter periods (see ¶ [0055]). The threshold may also depend upon listener-specific variables including the identity of the user, age of the user, hearing sensitivity of the user, and history of listening by that user (see ¶ [0042]). Thus, Noorahiyan teaches using current/historical acoustic-exposure information and listener-specific information in controlling the listener’s permissible sound dose.
Noorahiyan further teaches determining a predicted remaining listening time based upon an actual rate of acoustic energy and the remaining allowable acoustic energy before the maximum allowable threshold is reached (¶ [0008]). The predicted remaining listening time is periodically updated (¶ [0056]). When the volume changes, Noorahiyan updates the actual acoustic-energy rate and recalculates the predicted remaining listening time according to that updated rate (¶ [0078]). Thus, Noorahiyan teaches estimating a current time period until the listener’s accumulate acoustic exposure reaches the applicable sound-dose threshold.
Noorahiyan further teaches a gain-control mode in which a desired listening period is provided and the processor automatically controls headset gain so that the accumulated acoustic energy reaches the maximum allowable threshold at the end of the desired listening period, rather than before expiration of that period (¶ [0007]). The automatic gain control may increase or decrease the gain as necessary to achieve this result (¶¶ [0060]-[0064]).
More particularly, Noorahiyan teaches automatically limiting the maximum allowable volume according to a selected listening duration so that the maximum allowable threshold is reached over that period (¶ [0060]), continuously calculating the acoustic energy delivered through the headset and adjusting volume gain to ensure compliance while maximizing volume over the selected period (¶ [0064]), and taking into account the acoustic energy already experienced by the user and reducing the volume sufficiently to avoid reaching the specified daily acoustic-energy allowance before the end of the given listening period (¶ [0066]).
Noorahiyan further determines a desired rate of acoustic energy suitable to cause the accumulated acoustic energy to reach the maximum allowable threshold at the end of the desired period and controls headset gain based upon the desired acoustic-energy rate and the actual acoustic-energy rate (¶ [0011). Accordingly, Noorahiyan teaches or suggests calculating an updated acoustic-output/sound-pressure level for which the predicted time until the sound-dose threshold is reached meets the desired listening period and providing control of the headset output to achieve that updated level.
Noorahiyan additionally teaches that the computing device may comprise a system having a remote server coupled to a local device having a user interface and expressly contemplates systems using services provided by remote servers coupled over the internet (¶¶ [0014], [0038]).
However, Noorahiyan does not clearly disclose the more specific claimed arrangement comprising a microphone configured to measure current sound pressure experienced by the listener, remote storage containing a plurality or listener-associated audio profiles, and determination/association of a listener’s identity with a specific user. Noorahiyan also does not expressly teach frequency weighting the current sound pressure based upon the particular listener’s hearing profile.
Muggleton teaches a noise-monitoring system comprising noise monitoring devices (NMDs) communicatively coupled through a network to a remotely located computer system. The computer system accesses a datastore through the network and may comprise one or more servers accessing noise data and records stored in the datastore (see, e.g., ¶¶ [0036]-[0039]). Muggleton therefore teaches the use of a remotely located server/computer and remote storage for listener-associated acoustic information.
Muggleton further teaches that an NMD may comprise a noise dosimeter, hearing-protection device, or non-attenuating headset having sound-exposure-monitoring and communication/entertainment capabilities (¶¶ [0030] and [0056]). The NMD includes a speaker/transducer and microphones, including a second microphone disposed on an inner portion of the housing facing the user’s ear (¶ [0031]). The circuitry assesses sound exposure based upon signals received from the microphones, stores the received sound data in memory, and communicates with the external computer system (¶ [0030]). Thus, Muggleton teaches the claimed microphone arranged to measure sound experienced at the listener’s ear in combination with a controller and transducer.
Muggleton further teaches associating noise information with particular users. A user may be identified, for example, using an RFID identifier associated with the user, and the computer system associated with the user, and the computer system associates the user with the corresponding NMD (¶¶ [0031],[0039], [0043]). The system thereby maintains sound/noise exposure information associated with identified users (¶ [0005]). Muggleton additionally teaches user profiles containing individual hearing information and using such individualized information, including hearing sensitivity/threshold information, when evaluating whether a particular sound exposure is appropriate for a particular user (¶ [0007]).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to implement the acoustic-dose monitoring and control system of Noorahiyan using the networked listener-identification, ear-level microphone, remote-server/storage, and listener-associated sound/hearing information architecture taught by Muggleton because Muggleton teaches that associating measured sound exposure and individual hearing information with an identified user enables acoustic exposure to be evaluated according to the characteristics and exposure of that particular user, thereby permitting the predictive exposure and gain-control functions of Noorahiyan to operate using actual listener-specific sound-exposure information rather than generalized acoustic information.
The combination of Noorahiyan and Muggleton therefore teaches or suggests a remotely connected audio playback arrangement comprising a transducer, controller, and ear-facing microphone; obtaining current sound pressure experienced by the identified listener; storing listener-associated sound-pressure/exposure information and hearing information; and using such information in determining and controlling the listener’s acoustic dose.
Although Noorahiyan expressly recognizes hearing sensitivity as a listener-specific variable and Muggleton teaches individual hearing information, the combination does not expressly disclose the particular requirement of frequency weighting the current sound pressure based upon the hearing profile of the listener.
Kurakata expressly teaches this limitation.
Kurakata explains that human auditory sensitivity varies with frequency and that conventional sound-pressure measurements therefore apply frequency weighting, such as A-weighting, to measured sound pressure (see col. 1, lines 13-28). Kurakata further recognizes that conventional A-weighting represents average normal hearing and does not adequately account for differences in hearing characteristics between particular individuals (see col. 3, line 62 through col. 4, line 2).
To address that deficiency, Kurakata teaches measuring individual hearing characteristics, calculating correction values relative to reference hearing characteristics, and using those individual correction values to correct input sounds (see col. 2, line 62 through col. 3, line 7). The individual hearing characteristics are determined by presenting sounds having various frequencies and sound-pressure levels to the subject, estimating that subject’s hearing characteristics, and storing the resulting individual hearing-characteristic data (see col. 4, lines 11-21).
More specifically, Kurakata teaches a sound measurement section comprising sound-input means, ordinarily a microphone, a measurement-value calculator, and memories stories hearing-characteristic data. The measurement-value calculator weighs signals output from the sound-input means based upon individual hearing-characteristic data stored in memory. The hearing-characteristic data provide weighting/correction information associated with frequency and sound-pressure level. The system selects hearing-characteristic data for a specific individual and supplies those data to the measurement-value calculator, which calculates a sound measurement based upon that individual’s hearing characteristics (see col. 3, line 36 through col. 4, line 65)
Accordingly, Kurakata expressly teaches frequency weighting current microphone-measured sound according to a hearing profile particular to the listener.
It would have bene obvious to one of ordinary skill in the art to further modify the individualized acoustic-dose monitoring system of Noorahiyan as modified by Muggleton to frequency weight the current sound-pressure measurement according to the listener’s individual hearing profile, as taught by Kurakata, because Kurakata expressly recognizes that conventional frequency weighting based upon average hearing characteristics does not adequately account for individual differences in hearing sensitivity and teaches weighting measured sound according to the particular individual’s hearing characteristics, thereby providing a sound measurement that more accurately reflects the acoustic exposure perceived by the particular listener.
Accordingly the combined teachings of Noorahiyan, Muggleton, and Kurakata teach or suggest obtaining sound-pressure/exposure data and a hearing profile for an identified listener; obtaining current sound pressure experienced by the listener using an ear-facing microphone; frequency weighting the current sound pressure according to the listener’s individual hearing profile; determining accumulated sound dose and a remaining allowable exposure; estimating the time remaining until the sound-dose threshold to be reached before expiration of the applicable listening period; determining an updated acoustic-output rate/level that causes the threshold to be reached before expiration of the applicable listening period; determining an updated acoustic-output rate/level that causes the threshold to be reached no earlier than the end of the desired period; and controlling the headset output according to that updated level.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to modify the predictive acoustic-dose monitoring and gain-control system of Noorahiyan with the networked listener-specific measurement/profile architecture of Muggleton and the individualized hearing-profile frequency weighting of Kurakatato arrive at the subject matter of claim 1.
As per claim 2, the combination of Noorahiyan, Muggleton and Kurakata teaches
the system as stated above. Noorahiyan further teaches that the sound pressure data of the audio profile comprises historic sound pressure data comprising previous sound pressure experienced by the listener (see ¶ [0042], i.e., the maximum allowable acoustic-energy threshold may take into account the user history of listening over previous weeks or years; Abstract, i.e., obtains the acoustic energy already experienced by the user for determining the user’s remaining allowable exposure).
As per claim 3, the combination of Noorahiyan, Muggleton and Kurakata teaches
the system as stated above. Noorahiyan further teaches that the sound pressure data of the audio profile comprises an accumulated sound pressure experienced by the listener (see ¶ [0014], i.e., obtaining accumulated acoustic energy already experienced by the used and comparing the accumulated acoustic energy with a maximum allowable threshold to determine the remaining allowable acoustic energy). Noorahiyan further teaches continuously calculates acoustic energy delivered to the user and uses the accumulated exposure in controlling headset volume (see ¶ [0014]).
As per claim 4, the combination of Noorahiyan, Muggleton and Kurakata teaches
the system as stated above. Noorahiyan further teaches that the sound pressure data of the audio profile comprises a sound pressure trend experienced by the listener (see ¶¶ [0014]-[0017], i.e., relatedly determining the listener’s actual rate of acoustic -energy accumulation and updating that rate as the listener’s volume and acoustic exposure change over time, the updated actual acoustic-energy rate is used to recalculate the predicted remaining listening time. Noorahiyan further teaches continuously calculates acoustic energy and adjust gain based upon the developing acoustic exposure (see ¶ [0017]). It would have been obvious to one having ordinary skill in the art before the effective filling data of the claimed invention to maintain the successive acoustic-exposure measurements/rate as a sound/rates as a sound-pressure trend because Noorahiyan repeatedly evaluates change in acoustic exposure over time to predict the listener’s remaining allowable listening time, thereby permitting the exposure prediction and gain control to account for the manner in which the listener’s sound exposure is developing.
As per claim 5, the combination of Noorahiyan, Muggleton and Kurakata teaches
the system as stated above. Muggleton further teaches an NMD/headset comprising a microphone disposed on an inner portion of the device facing the user’s ear, together with circuitry that assesses sound exposure based upon signals received from the microphone (see ¶ [0031]). Accordingly, Muggleton teaches obtaining the current sound pressure from a microphone arranged at an ear of the listener.
As per claim 6, the combination of Noorahiyan, Muggleton and Kurakata teaches
the system as stated above. Noorahiyan further teaches that estimating a current estimated time period describing the estimated time until the sound dose of the listener exceed the sound dose threshold comprises determining a prediction model (see Abstract and ¶ [0015]).
As per claim 7, the combination of Noorahiyan, Muggleton and Kurakata teaches
the system as stated above. Noorahiyan further teaches determining the listener’s acoustic-energy rate from the acoustic energy experienced over time and using that rate to predict the remaining listening duration before the maximum allowable acoustic-energy threshold is reached (see ¶¶ [0008]-[0011]). It would have been obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to employ an average acoustic-energy rate over the measured exposure interval as the prediction model because averaging the accumulated exposure over its corresponding elapsed time provides the representative exposure rate used to extrapolate the listener’s remaining exposure duration, thereby providing a straightforward prediction of when the maximum allowable acoustic-energy threshold will be reached.
As per claim 9, the combination of Noorahiyan, Muggleton and Kurakata teaches
the system as stated above. Noorahiyan further teaches that the controlling circuitry is further configured to cause updating of the sound pressure data of the audio profile for the listener based on the current sound pressure (see ¶¶ [0014]-[0016]).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Noorahiyan
in view of Muggleton and further in view of Kurakata and Ru et al. (Pub. No. US 2022/0210555) (hereinafter Ru).
As per claim 8, the combination of Noorahiyan, Muggleton and Kurakata teaches
the system as stated above except that the prediction model comprises a Recurring Neural Network, RNN, model.
Ru, however, teaches application of a Recurrent Neural Network (RNN) in an acoustic loudspeaker system (see Abstract). In particular, Ru teaches employing an RNN to process information associated with operation of a loudspeaker system based upon a source audio signal and sensed output associated with the acoustic playback system (see ¶ [0045]). The RNN is trained using information representative of the source signal and the corresponding sensed/recorded output of the loudspeaker system so that the network learns the relationship between the acoustic system input and output (see ¶ [0043]). Ru further teaches that the RNN may comprise recurrent architecture including a Long Shot-Term Memory (LSTM) network or a Gated Recurrent Unit (GRU) network (see ¶ [0060]).
Ru further teaches obtaining acoustic output information using sensing circuitry, including a microphone implementation in which acoustic output produced by the loudspeaker is sensed and converted into a recorded signal (see ¶ [0018]). The source and sensed acoustic signals may be transformed into frequency-domain representations, and characteristics derived from those signals are supplied to the neural-network processing (see ***). Thus, Ru teaches employing an RNN in an acoustic playback system to learn and process relationships between audio input information and corresponding sensed acoustic-output information (see ¶¶ [0018] and [0043]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to implement the prediction model of Noorahiyan using RNN acoustic-processing technique taught by Ru because Noorahiyan predicts future acoustic-exposure behavior from acoustic energy information that varies over time, while Ru teaches that RNN, including an LSTM or GRU, can learn relationships between temporally varying audio/acoustic information and corresponding acoustic-system output, thereby enabling the prediction model to account for temporal dependencies and nonlinear variations in acoustic information when predicting the listener’s remaining allowable exposure time.
Such modification constitutes the use of a known predictive neural-network technique for its known purpose in an analogous acoustic-signal-processing environment. The modification would not alter the fundamental operation of Noorahiyan; rather, the RNN of Ru would be employed as particular prediction model for processing the acoustic-exposure information already obtained by Noorahiyan to determine the predicted remaining listening time.
Accordingly, It would have been obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to modify the prediction model of Noorahiyan, as modified by Muggleton and Kurakata to comprise the RNN model taught by Ru, thereby arriving at the subject matter of claim 8.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Noorahiyan
in view of Muggleton and further in view of Kurakata and Schul et al. (Pub. No. US 2013/0259241) (hereinafter Schul).
As per claim 10, the combination of Noorahiyan, Muggleton and Kurakata teaches
the system as stated above except that the controlling circuitry is configured to cause providing of instructions for controlling the current sound pressure for a left ear and/or a right ear of the listener and the audio profile comprises separate sound pressure data for each of the left ear and the right ear of the listener.
Schul, however, teaches a headphone sound-pressure-level limiting system having respective left and right headphones, speakers, and microphones (see ¶ [0008]). Each microphone responds to the sound wave presented at its corresponding ear and generates a signal corresponding to the sound-pressure level of the ear (see ¶ [0030]). Schul further teaches that, in embodiments having more than one headphone, the system determines a separate measure of the sound-pressure level presented to each individual ear, whereby the sound-pressure level can be measured and controlled independently for each ear (see ¶ [0008]).
More particularly, Schul teaches independently coupling signals from the right and left microphones 114R and 114L to the personal media device, whereby the personal media device can independently examine the right and left ear microphone signals, independently determine the sound-pressure level for each ear and independently adjust the audio signal emitted to each ear (see ¶¶ [0041] and [0084]). Schul therefore teaches separate right and left ear sound-pressure information and corresponding independently control of the acoustic output delivered to the respective ears.
It would have been obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to modify the listener-specific acoustic-exposure monitoring and control system of Noorahiyan, as modified by Muggleton and Kurakata, to separately maintain and sue right and left ear sound-pressure information to provide corresponding independent sound-pressure control for the respective ears, as taught by Schul, because Schul teaches that the sound-pressure level presented to one ear may differ from that presented to the other ear and expressly provides separate ear-level measurements and independent adjustment of the audio signal delivered to each ear (see ¶¶ [0011] and [0033]), thereby permitting the acoustic-exposure control system to account for differences in sound pressure experienced by the listener’s respective ears and independently maintain the sound pressure delivered to each ear within the desired exposure level.
Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to employ the separate left and right ear sound-pressure measurement and independent ear-specific audio control of Schul in the system of Noorahiyan, as modified by Muggleton and Kurakata, thereby arriving at the subject matter of claim 10.
Prior art
The prior art made record and not relied upon is considered pertinent to applicant’s
disclosure:
Goldstein et al. [‘906] discloses a method of monitoring sound pressure level comprising: measuring a first sound pressure level in the ear canal; measuring a second sound pressure level out of the ear canal; calculating a first sound pressure level dose using the first sound pressure level, where if the first sound pressure level is below a permissible sound level a recovery function is used to calculate the first sound pressure level dose; and calculating a second sound pressure level dose using the second sound pressure level.
Schuler et al. [‘547] discloses a method for monitoring and reporting sound pressure level exposure for a user of a first communication device (104) is implemented in one embodiment when the device measures a sound pressure level (SPL) of the surrounding environment. The device stores at least the SPL measurement in a memory, producing an SPL exposure record, and displays a visual representation of the SPL exposure record on a display screen (212). In another embodiment, the SPL is measured by a second communication device (102) and combined with a known SPL for an output audio transducer (306) of the second device, producing a user sound exposure level. The user sound exposure level is transmitted to the first communication device. The user is notified when the user sound exposure level exceeds a predetermined threshold. A server (112) may also be used to track SPLs over time and recommend corrective action when exposure limits are exceeded.
Contact information
Any inquiry concerning this communication or earlier communications from the
examiner should be directed to MOHAMED CHARIOUI whose telephone number is (571)272-2213. The examiner can normally be reached Monday through Friday, from 9 am to 6 pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Andrew Schechter can be reached on (571) 272-2302. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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Mohamed Charioui
/MOHAMED CHARIOUI/Primary Examiner, Art Unit 2857
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