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 .
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-8 & 11-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Pedersen et al, WO 2022218643 A1. (The Pedersen et al reference is cited in IDS filed 11/25/2024)
Re Claim 1, Pedersen et al discloses a method for visualizing sound audibility of external audio signals (fig. 1: gaming headset; pg. 14, lined 21-31; pg. 10, lines 32-33: system includes a processor along with an associated memory), the method comprising: obtaining at least one external audio signal (fig. 1: feed-forward microphones FF are placed on an exterior part of each of the ear-cups EC; pg. 14, lines 21-31); obtaining at least one of: an internal audio signal (fig. 1: loudspeaker transducer LT and a feedback microphone FB located inside each ear-cup EC; pg. 14, lines 21-31: internal audio signal is selected from the Markush claim language); or an estimate of at least one internal audio signal (fig. 1: loudspeaker transducer LT and a feedback microphone FB located inside each ear-cup EC; pg. 14, lines 21-31: internal audio signal is selected from the Markush claim language); estimating an external sound audibility based at least partially on the at least one external audio signal and at least one of: the internal audio signal (figs. 2-3: systems ANSS1, ANSS2, ANSSN are arranged to determine respective measures of effective acoustic insertion loss based on measurements involving sound captured by the feed-forward and feed-back microphones of the headsets HS1, HS2, HSN; pg. 18, lines 4-7: internal audio signal is selected from the Markush claim language); or the estimate of the at least one internal audio signal (figs. 2-3: systems ANSS1, ANSS2, ANSSN are arranged to determine respective measures of effective acoustic insertion loss based on measurements involving sound captured by the feed-forward and feed-back microphones of the headsets HS1, HS2, HSN; pg. 18, lines 4-7: internal audio signal is selected from the Markush claim language); and generating at least one visualization based on the estimated external sound audibility (fig. 4: light indicator which can be placed e.g. on an exterior surface of the mouth microphone; pg. 19, lines 1-3), such that the visualization provides an indication of audibility of an external audio source (fig. 4: the first light indicator L1 is used to indicate in case the effective acoustic insertion loss meets the predetermined criterion, and thus if the ANSS system functions (especially the ANC algorithm part or both the ANC algorithm part and masking noise signal algorithm part), and there is no acoustic leak detected; pg. 19, lines 7-11; col. 9, line 31 through col. 10, line 27: indicator light shows a referee that a gamer’s headset is leaking ambient sound from the audience picked up by the feedforward and feedback microphones).
Re Claim 2, Pedersen et al discloses the method as claimed in claim 1, wherein obtaining the at least one external audio signal comprises obtaining at least one external microphone audio signal, wherein the at least one external microphone is located on or acoustically coupled to an exterior surface of an apparatus, such that the at least one external microphone audio signal is configured to capture audio external to the apparatus (fig. 1: feed-forward microphones FF are placed on an exterior part of each of the ear-cups EC; pg. 14, lines 21-31).
Re Claim 3, Pedersen et al discloses the method as claimed in claim 2, wherein obtaining the at least one internal audio signal comprises obtaining at least one internal microphone audio signal, wherein the at least one internal microphone is located on or acoustically coupled to an interior surface of the apparatus (fig. 1: loudspeaker transducer LT and a feedback microphone FB located inside each ear-cup EC; pg. 14, lines 21-31), such that the at least one internal microphone audio signal is configured to capture audio internal to the apparatus (fig. 1: loudspeaker transducer LT and a feedback microphone FB located inside each ear-cup EC; pg. 14, lines 21-31).
Re Claim 4, Pedersen et al discloses the method as claimed in claim 2, wherein obtaining the estimate of the at least one internal audio signal comprises estimating at least one internal audio signal to be output with a transducer within the apparatus (fig. 1: loudspeaker transducer LT and a feedback microphone FB located inside each ear-cup EC; pg. 14, lines 21-31), such that the estimate of the at least one internal audio signal is configured to assist in estimating the external sound audibility (fig. 3: systems ANSS1, ANSS2, ANSSN are arranged to determine respective measures of effective acoustic insertion loss based on measurements involving sound captured by the feed-forward and feed-back microphones of the headsets HS1, HS2, HSN; pg. 18, lines 4-7).
Re Claim 5, Pedersen et al discloses the method as claimed in claim 1, wherein estimating the external sound audibility comprises: determining an acoustic leakage estimate based on the at least one external audio signal (fig. 1: feed-forward microphones FF are placed on an exterior part of each of the ear-cups EC and determine acoustic leakage from the ambient environment; pg. 14, lines 21-31) and a relationship of the at least one external signal to an effective listening signal for a user (fig. 1: systems ANSS1, ANSS2, ANSSN are arranged to determine respective measures of effective acoustic insertion loss based on measurements involving sound captured by the feed-forward and feed-back microphones of the headsets HS1, HS2, HSN..i.e. the feedback microphone captures what the user is effectively listening to; pg. 18); generating an anti-noise audio signal based on the at least one external audio signal (pg. 15, lines 26-33: feed-forward FF are used for active noise control); and generating the at least one external sound audibility based on subtracting the anti-noise audio signal from the acoustic leakage estimate (pg. 9, lines 26-35).
Re Claim 6, Pedersen et al discloses the method as claimed in claim 1, wherein estimating the external sound audibility comprises: determining an acoustic leakage estimate based on the at least one external audio signal (fig. 1: feed-forward microphones FF are placed on an exterior part of each of the ear-cups EC and determine acoustic leakage from the ambient environment; pg. 14, lines 21-31) and a relationship of the at least one external signal to an effective listening signal for a user (fig. 1: systems ANSS1, ANSS2, ANSSN are arranged to determine respective measures of effective acoustic insertion loss based on measurements involving sound captured by the feed-forward and feed-back microphones of the headsets HS1, HS2, HSN..i.e. the feedback microphone captures what the user is effectively listening to; pg. 18); generating an anti-noise audio signal based on the at least one external audio signal (pg. 15, lines 26-33: feed-forward FF are used for active noise control); and generating the at least one external sound audibility based on subtracting the anti-noise audio signal from the acoustic leakage estimate (pg. 9, lines 26-35) and the at least one of: the internal audio signal (fig. 1: loudspeaker transducer LT and a feedback microphone FB located inside each ear-cup EC; pg. 14, lines 21-31: internal audio signal is selected from the Markush claim language); or the estimate of the at least one internal audio signal (fig. 1: loudspeaker transducer LT and a feedback microphone FB located inside each ear-cup EC; pg. 14, lines 21-31: internal audio signal is selected from the Markush claim language).
Re Claim 7, Pedersen et al discloses the method as claimed in claim 1, wherein generating the at least one visualization based on the estimated external sound audibility, such that the visualization provides an indication of the audibility of the external audio source comprising displaying the estimated external sound audibility using at least one of: a colour changing material; at least one light emitting diode; a display element; at least one liquid crystal display element; at least one organic light emitting diode display element; or at least one electrophoretic display element (pg. 10, lines 19-24: light indicators can be different colors; wherein color changing materials is selected from the Markush claim language).
Re Claim 8, Pedersen et al discloses the method as claimed in claim 2, wherein the apparatus comprises one of: a smartphone; a headphone; a vehicle equipped with the at least one external microphone; a helmet equipped with the at least one external microphone; and a personal protection equipment equipped with the at least one external microphone (abstract: gaming headset; wherein headphone is selected from the Markush claim language).
Claim 11 has been analyzed and rejected according to claim 1.
Claim 12 has been analyzed and rejected according to claim 2.
Claim 13 has been analyzed and rejected according to claim 3.
Claim 14 has been analyzed and rejected according to claim 4.
Claim 15 has been analyzed and rejected according to claim 5.
Claim 16 has been analyzed and rejected according to claim 6.
Claim 17 has been analyzed and rejected according to claim 7.
Claim 18 has been analyzed and rejected according to claim 8.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 9-10 & 19-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gauger, JR. et al, US Patent Pub. 20140126733 A1. (The Gauger, JR. et al reference is cited in IDS filed 03/31/2025)
Re Claim 9, Gauger, JR. et al discloses a method for controlling an external sound audibility of at least one external audio signal within an apparatus (abstract: headset system that is able to switch between a noise canceling mode and an active hear-through mode (transparent mode) to let external sounds through; wherein headphone includes a signal processor whereby signal processors inherently includes memory), the method comprising: obtaining at least one input (para 0091: input to control the modes of the headset can be inputted by user of the headset or another person i.e. flight attendant); determining whether the at least one input is provided with a user of the apparatus or an other person (para 0091: input to control the modes of the headset can be inputted by user of the headset or another person i.e. flight attendant; wherein headset device mode is adjusted accordingly after input); and controlling the external sound audibility of the at least one external audio signal for the user based on the at least one input and whether the at least one input provided with the user of the apparatus or the other person (para 0091: input to control the modes of the headset can be inputted by user of the headset or another person i.e. flight attendant; wherein headset device mode is adjusted accordingly after input).
Re Claim 10, Gauger, JR. et al discloses the method as claimed in claim 9, wherein controlling the external sound audibility for the user comprises at least one of: switching between an automatic noise control and transparency mode following determining a large control input from the user; switching from an automatic noise control to a full transparency mode following determining a down swipe from the user; switching from a full transparency mode to an automatic noise control following determining an up swipe from the user; changing an internal sound volume based on a small control input from the user; or switching between an automatic noise control and transparency mode following determining a control input from the other person (abstract: headset system that is able to switch between a noise canceling mode and an active hear-through mode (transparent mode) to let external sounds through; wherein said switch can be enacted by the user of the headset or another person; wherein switching between the modes following determining a large control input from the user is selected from the Markush claim language).
Claim 19 has been analyzed and rejected according to claim 9.
Claim 20 has been analyzed and rejected according to claim 10.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Holter, US Patent Pub. 20130094658 A1.
Holter teaches the concept of a headphone device that monitors external sound exposure, where the headphone includes an outer microphone and an inner microphone (para 0035); wherein visual alerts such as lights are included on the headphone device to indicate when ambient sound levels are increasingly high and penetrating through to the listener’s ears (paras 0028, 0035).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GEORGE C MONIKANG whose telephone number is (571)270-1190. The examiner can normally be reached Mon. - Fri., 9AM-5PM, ALT. Fridays off.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Carolyn R Edwards can be reached at 571-270-7136. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GEORGE C MONIKANG/Primary Examiner, Art Unit 2692 07/23/2026
/CAROLYN R EDWARDS/Supervisory Patent Examiner, Art Unit 2692
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