Prosecution Insights
Last updated: July 17, 2026
Application No. 18/725,784

Physical Parameter Measuring and/or Monitoring Device, System and Method

Non-Final OA §103§112
Filed
Jun 30, 2024
Priority
Jan 03, 2022 — EU 22150009.3 +1 more
Examiner
NGUYEN, LINH T
Art Unit
2459
Tech Center
2400 — Computer Networks
Assignee
Orbiwise SA
OA Round
1 (Non-Final)
71%
Grant Probability
Favorable
1-2
OA Rounds
11m
Est. Remaining
96%
With Interview

Examiner Intelligence

Grants 71% — above average
71%
Career Allowance Rate
255 granted / 361 resolved
+12.6% vs TC avg
Strong +26% interview lift
Without
With
+25.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
23 currently pending
Career history
394
Total Applications
across all art units

Statute-Specific Performance

§101
1.3%
-38.7% vs TC avg
§103
94.6%
+54.6% vs TC avg
§102
1.2%
-38.8% vs TC avg
§112
2.2%
-37.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 361 resolved cases

Office Action

§103 §112
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 . Priority Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. Information Disclosure Statement The information disclosure statement (IDS) submitted on 7/1/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Claim Interpretation This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitations are: “a communication module adapted to..” “a control module adapted to…,” and “an embedded energy source adapted to …” in claim 1; “the sensing module …” in claim 4; “a device localization module” in claim 5; “the processing module …” in claim 10; “a/the event detection engine configured to…” in claims 11 and 12; “a filter function …” in claim 14. Because these claim limitations are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, they are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. The specification portion that specifies the structure includes paragraphs [0034] and [0036] disclose a communication module; paragraphs [0034] and [0040] disclose the control module; paragraph [0034] discloses the embedded energy source; paragraph [0037] discloses the sensing module; paragraph [0038] discloses a device localization module; paragraph [0043] discloses the processing module; paragraphs [0044]-[0045] and [0063], Fig. 1 disclose the event detection engine; paragraph [0047] discloses the filter function. If applicant does not intend to have these limitations interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitations to avoid them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitations recite sufficient structure to perform the claimed function so as to avoid them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. Claim Rejections - 35 USC § 112 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. Claim 4 recites the limitation "the sensing module " in line 2. There is insufficient antecedent basis for this limitation in the claim. Claim 10 recites the limitation “the processing module is adapted to…” in lines 2-3. There is insufficient antecedent basis for this limitation in the claim. Claim 21 recites the limitation “A sound monitoring method characterized in that it comprises the steps of”. It is not clear what entity does “it” represent and there is insufficient antecedent basis of this limitation in the claim. Claim 21 further recites “trigger triggering the sending…” this is a typo. Appropriation correction is requested. 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, 9-15 and 17-21 are rejected under 35 U.S.C. 103 as being unpatentable over Davis et al. (US 2021/0110843), hereinafter Davis in view of Chadha et al. (US 2021/0033586), hereinafter Chadha. As for claim 1, David teaches sound monitoring device comprising at least one microphone adapted to sense a sound and generate data representative of said sound (paragraphs [0028], [0051]-[0053] and [0078] describe a gunshot detection device could serve as a combination microphone to sample (i.e. collect) sound data and reproduce the frequency content of the sample waveform), a data processing unit adapted to process said data representative of said sound so as to generate processed data (paragraphs [0052] and [0059]/[0098] describe the gunshot detection device utilizes a processor, and software processing logic that captures and processes digital audio signals), a communication module adapted to send said processed signal to a gateway through LPWA radio technology (paragraphs [0064] and [0100]-[0101] describe the gunshot detection device publishes gunshot event data. The gunshot event messages are transmitted via local area wired network servers and access points using LT-M, SigFox), a control module adapted to control the communication module so as to trigger a communication process according to a predetermined protocol (paragraph [0100] describes a device that incorporates communications technologies and methodologies, and is connected to wired or wireless communications devices that serve as a data transport mechanism for a gunshot detection device to publish gunshot event data, the gunshot event publishing data being transmitted via local area wired network servers and access points, Wi-Fi, Bluetooth and other wireless connectivity to local devices such as Wi-Fi, Bluetooth access points, Bluetooth receivers). Davis fails to teach an embedded energy source adapted to provide energy to units of a sound monitoring device. Chadha discloses an embedded energy source adapted to provide energy to units of a sound monitoring device (Fig. 102; paragraphs [0118]-[0119] describe batteries in a monitoring unit). One of ordinary skill in the art before the effective filing date of the claimed invention would have recognized the ability to utilize the teachings of Chadha for providing batteries to a monitoring unit. The teachings of Chadha when implemented in the Davis system, will allow one of ordinary skill in the art to provide energy to a monitory device. One of ordinary skill in the art would be motivated to utilize the teachings of Chadha in the Davis system in order to support operations of monitoring device. As for claim 2, the combined system of Davis and Chadha teaches sound monitoring device characterized in that it further comprises an accelerometer and a gyroscope (Davis: paragraph [0078] describes accelerometer and gyroscope). As for claim 3, the combined system of Davis and Chadha teaches sound monitoring device characterized in that the communication module adapted to send said processed signal uses at least one of LoRaWAN, NB-loT, SigFox, LTE-M and Ingenu RPMA radio technology (Davis: paragraph [0100] describes the gunshot detection device performs publishing process. Gunshot event publishing data is transmitted via . As for claim 4, the combined system of Davis and Chadha sound monitoring device, characterized in that the sensing module functions continuously (Davis: paragraphs [0050]-[0051] describe the sound data is collected continuously). As for claim 5, the combined system of Davis and Chadha teaches sound monitoring device, characterized in that it further comprises a device localization module (Davis: paragraph [0077] describes an internal GPS sensor is utilized to provide real-time situational awareness of approximately where in a facility the gunshots have occurred). As for claim 6, the combined system of Davis and Chadha teaches sound monitoring device, characterized in that the energy source comprises at least one of a battery, piezoelectric transducer and solar cells (Chadha: paragraphs [0118]-[0119] describe batteries in a monitoring unit; paragraph [0145] describes a microphone comprises piezoelectric). One of ordinary skill in the art before the effective filing date of the claimed invention would have recognized the ability to utilize the teachings of Chadha for providing batteries to a monitoring unit. The teachings of Chadha when implemented in the Davis system, will allow one of ordinary skill in the art to provide energy to a monitory device. One of ordinary skill in the art would be motivated to utilize the teachings of Chadha in the Davis system in order to support operations of monitoring device. As for claim 7, the combined system of Davis and Chadha teaches sound monitoring device, characterized in that the control module is adapted to control the communication system so as to periodically send the processed signal at predetermined intervals, or to immediately send a processed signal when the microphone detects a sound whose properties meet a predetermined condition (Davis: paragraph [0066] and [0078] and [0086] describe the gunshot is captured and evaluated which includes a review of frequency information in an ultrasonic range, which is between 220 KHz and as great as 200 KHz. And, real-time communication is used in transmission of gunshot detection events, for example, once a gunshot event is confirmed, gunshot metadata is published to a metadata repository and metadata is lived streamed to authorized recipients). As for claim 9, the combined system of Davis and Chadha teaches sound monitoring device, characterized in that the at least one microphone is adapted to measure and monitor an environmental noise pollution by detecting said sound (Davis: paragraph [0086] describes ultrasonic sensors, such as microphones are used for sampling and monitoring audio stream, applying filters to identify possible gunshot like sounds). As for claim 10, the combined system of Davis and Chadha teaches sound monitoring device, characterized in that the processing module is adapted to identify specific data from the microphone (Davis: paragraph [0086] describes the microphone performs a process of determining a possible gunshot), transform these data into a signal representing statistical properties of the sound signal being received by the microphone (Davis: paragraph [0086] describes the steps of initial analyzing of the waveform and converting analog sound waves into electrical signals). As for claim 11, the combined system of Davis and Chadha teaches sound monitoring device, characterized in that it comprises an event detection engine configured to receive and analyze extracted data and to determine that a particular event or sound has occurred based on the comparison of the extracted data with predetermined parameters (Davis: paragraphs [0059]-[0060] describe the processing of the collected and library data, a multi-level gating analysis process is continuously run against a digital sample to determine a possible gunshot warrants advanced processing. Correlation test and other tests are performed ; paragraph [0086] describes once a candidate gunshot event is determined, and AI based determined is made using machine learning profile data stored at a library; paragraphs [0060]-[0062] and [0082] describe captured data is mathematically transformed to analysis. A correlation function is used to determine whether the spectrogram of the candidate sound corresponds to a known ultrasonic signature of gunshot. A filter applies rules to isolate possible gunshot sounds). As for claim 12, the combined system of Davis and Chadha teaches sound monitoring device, characterized in that it the event detection engine analyses the extracted data comparing the extracted data with configured rules, thresholds and/or fingerprints which are stored in a memory (Davis: paragraphs [0059]-[0061] describe an analysis process is continuously run against digital sample to determine a possible gunshot which warrants advanced processing, if the result of this first processing stage yields a candidate sound, a system applies a second processing stage, which includes an analysis of an audio waveform and the data associated with a Spectrograms that includes ultrasonic frequency data, they analysis comprises different techniques, including gating, correlation and AI analysis. A correlation function is used to determine whether the Spectrogram of the candidate sound corresponds to a known ultrasonic signature of gunshot). As for claim 13, the combined system of Davis and Chadha teaches sound monitoring device, characterized in that the particular event or sound is at least one of a siren of an ambulance, a car accident, a gunshot or the like (Davis: paragraph [0086] describes a method of determining a gunshot event). As for claim 14, the combined system of Davis and Chadha teaches sound monitoring device, characterized in that it comprises a filter function permitting to filter out specific physical parameter or sound detect by the detection engine (Davis: paragraph [0086] describes higher level filters are applied to identify possible gunshot like sounds including an initial analysis of waveform. A filter applies rules to isolate possible gunshot sounds). As for claim 15, the combined system of Davis and Chadha s teaches sound monitoring system comprising a plurality of sound monitoring devices distributed at predetermined location in an urban environment and at least on a gateway adapted to receive signals from said event detection devices (Davis: paragraphs [0029] and [0104] describes a gunshot detection devices/sensors may be placed in various locations; paragraph [0100] describes gunshot event publishing data is transmitted to servers and access points). As for claim 17, the combined system of Davis and Chadha teaches sound monitoring system being adapted to learn a normal noise generated by a particular source so as to memorize said sound as a signature sound of said source such that when said sound changes, based on its noise level and its frequency distribution, an alarm signal is generated so as to permit preventive maintenance of sound source (Davis: paragraphs [0021]-[0024] describe a library of representative data can be created for weapons and ammunition that includes acoustic variables associated with the sound of a multiple subject guns and bullets. The audio data is compiled into a library that peripherals or edge devices can use to make gunshot/non-gunshot decisions using different techniques and machine learning methods that describe the ultrasonic acoustic signature of a gunshot; paragraphs [0060]-[0062] describe methods and techniques to determine whether Spectrogram of a candidate sound corresponds to a known ultrasonic signature of gunshot; Chadha: paragraphs [0174]-[0177] describe alerts, alarms and other notifications are generated within the monitoring unit and the alert specifies a user should remove himself from the area, turn on engineering control). As for claim 18, the combined system of Davis and Chadha teaches sound monitoring system characterized in that each sound monitoring device comprises multiple microphones disposed so as to be able to geolocate a sound source (Davis: paragraphs [0029] and [0104] describes a gunshot detection devices/sensors may be placed in various locations; paragraph [0077] describes an internal GPS sensor is utilized to provide real-time situational awareness of approximately where in a facility the gunshots have occurred. Potential gunshot detection devices are constructed so as to have local communications capabilities. As a result, such could communicate in real-time and be utilized to further address reliable detection of a possible gunshot event). As for claim 19, the combined system of Davis and Chadha teaches sound monitoring system, characterized in that each sound monitoring device comprises a single microphone and in that the devices are disposed so as to be able to geolocate a sound source (Davis: paragraphs [0073] and [0077] describe gunshot detection device and its microphone. Potential gunshot detection devices are constructed so as to have local communications capabilities. As a result, such could communicate in real-time and be utilized to further address reliable detection of a possible gunshot event). As for claim 20, the combined system of Davis and Chadha teaches sound monitoring system, characterized in that the sound monitoring device comprises either a single microphone or multiple microphones (Davis: paragraphs [0070] and [0073] describe microphone), and in that the devices and the microphones are disposed so as to be able to geolocate a sound source (Davis: paragraph [0077] describes potential gunshot detection devices are constructed so as to have local communications capabilities. As a result, such could communicate in real-time and be utilized to further address reliable detection of a possible gunshot event). As for claim 21, Davis teach a sound monitoring method characterized in that it comprises the steps of: continuously sensing an event with at least one microphone adapted to sense a sound and generating data representative of said event (paragraphs [0028], [0050]-[0053] and [0078] describe a gunshot detection device could serve as a combination microphone to sample (i.e. collect) sound data and reproduce the frequency content of the sample waveform, the sound data is collected continuously), processing said data representative of said event so as to generate processed data (paragraphs [0052] and [0059]/[0098] describe the gunshot detection device utilizes a processor, and software processing logic that captures and processes digital audio signals), temporarily storing said processed data and periodically sending that processed data to a remote analytical application through a gateway using LPWA radio technology (paragraphs [0064] and [0100]-[0101] describe the gunshot detection device publishes gunshot event data. The gunshot event messages are transmitted via local area wired network servers and access points using LT-M, SigFox); trigger triggering the sending according to a predetermined protocol (paragraph [0100] describes a device that incorporates communications technologies and methodologies, and is connected to wired or wireless communications devices that serve as a data transport mechanism for a gunshot detection device to publish gunshot event data, the gunshot event publishing data being transmitted via local area wired network servers and access points, Wi-Fi, Bluetooth and other wireless connectivity to local devices such as Wi-Fi, Bluetooth access points, Bluetooth receivers). Davis fails to teach providing energy to a microphone from an embedded energy source. Chadha discloses providing energy to a microphone from an embedded energy source (Fig. 102; paragraphs [0118]-[0119] describe batteries in a monitoring unit). One of ordinary skill in the art before the effective filing date of the claimed invention would have recognized the ability to utilize the teachings of Chadha for providing batteries to a monitoring unit. The teachings of Chadha when implemented in the Davis system, will allow one of ordinary skill in the art to provide energy to a monitory device. One of ordinary skill in the art would be motivated to utilize the teachings of Chadha in the Davis system in order to support operations of monitoring device. Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Davis (US 2021/0110843) in view of Chadha (US 2021/0033586) further in view of Constantino (US 2024/0249567). As for claim 8, the combined system of Davis and Chadha teaches sound monitoring device, characterized in that it comprises at least one of a flash memory and a RAM memory adapted to temporarily store statistical information of the processed signal data and/or audio waveform before being sent and in that said RAM memory in a rolling basis after transmission of the signal by said communication module (Davis: paragraphs [0098] and [0100]-[0101] describe the gunshot detection device captures and processes digital audio signals, and stores the resulting digital audio signal in a memory on a rolling loop basis of sufficient size to accommodate the processing and communications limitations of the edge device. The gunshot detection device publishes the gunshot event data). The combined system of Davis and Chadha fails to teach wherein a rolling basis involves processed signal data in a memory is erased. Constantino discloses wherein a rolling basis involves processed signal data in a memory is erased (paragraphs [0057]-[0058] and [0063] describe a method of temporarily storing a rolling predetermined amount of received audio signals, a controller stores two minutes of received audio data, and may overwrite the stored data on a rolling basis if no fault is detected). One of ordinary skill in the art before the effective filing date of the claimed invention would have recognized the ability to utilize the teachings of Constantino for storing audio signal on rolling basis. The teachings of Constantino, when implemented in the Davis and Chadha system, will allow one of ordinary skill in the art to allow newer data to be temporary stored in a storage unit. One of ordinary skill in the art would be motivated to utilize the teachings of Constantino in the Davis and Chadha system in order to reduce amount of outdated data being stored in a storage unit and make room for newer, updated data being stored in the limit capacity storage unit. Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Davis (US 2021/0110843) in view of Chadha (US 2021/0033586) further in view of Watt et al. (US 2021/0109187), hereinafter Watt. As for claim 16, the combined system of Davis and Chadha fails to teach sound monitoring system, characterized in that a timing of event detection devices is synchronized through multi-lateration. Watt discloses sound monitoring system, characterized in that a timing of event detection devices is synchronized through multi-lateration (paragraph [0079] describes devices that receive sound data associated with sounds including source sounds and background sounds; determine time differences associated with time difference between receipt of a source sound and receipt of a background sound at each of a plurality of microphones respectively; synchronize a set of the source sounds based at least in part of the time differences; generate an amplified source sound based at least in part of a combination of the synchronized set of the source sounds). One of ordinary skill in the art before the effective filing date of the claimed invention would have recognized the ability to utilize the teachings of Watt for synchronizing a set of source sound based on time difference between source sound and background sound. The teachings of Watt, when implemented in the Davis and Chadha system, will allow one of ordinary skill in the art to perform additional operations. One of ordinary skill in the art would be motivated to utilize the teachings of Watt in the Davis and Chadha system in order to locate source of received sound to further provide signals to change actions of a device that generates the sound. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Calhoun et al. (US 2998.9122650) teach microphone array for sound source detection and location Usvyat et al. (US 2020/0234818) teach methods for generating anonymized acoustic fingerprints Benjamin et al. (US 2020/0118418) teach sound monitoring and reporting system. Any inquiry concerning this communication or earlier communications from the examiner should be directed to L. T N. whose telephone number is (571)272-1013. The examiner can normally be reached M & Th 5:30 am - 2:30 pm EST. 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, TONIA DOLLINGER can be reached at 571-272-4170. 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. /L. T. N/ Examiner, Art Unit 2459 /TONIA L DOLLINGER/Supervisory Patent Examiner, Art Unit 2459
Read full office action

Prosecution Timeline

Jun 30, 2024
Application Filed
Sep 30, 2025
Non-Final Rejection mailed — §103, §112
Jan 20, 2026
Applicant Interview (Telephonic)
Jan 20, 2026
Examiner Interview Summary
Mar 04, 2026
Response Filed
Mar 04, 2026
Response after Non-Final Action

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Prosecution Projections

1-2
Expected OA Rounds
71%
Grant Probability
96%
With Interview (+25.8%)
2y 11m (~11m remaining)
Median Time to Grant
Low
PTA Risk
Based on 361 resolved cases by this examiner. Grant probability derived from career allowance rate.

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