Prosecution Insights
Last updated: July 31, 2026
Application No. 18/766,618

ADJUSTING AUDIO OUTPUT IN A VEHICLE

Final Rejection §103
Filed
Jul 08, 2024
Examiner
LIEBGOTT, TYLER MICHAEL
Art Unit
2694
Tech Center
2600 — Communications
Assignee
Motorola Mobility LLC
OA Round
2 (Final)
70%
Grant Probability
Favorable
3-4
OA Rounds
8m
Est. Remaining
78%
With Interview

Examiner Intelligence

Grants 70% — above average
70%
Career Allowance Rate
16 granted / 23 resolved
+7.6% vs TC avg
Moderate +8% lift
Without
With
+8.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
21 currently pending
Career history
53
Total Applications
across all art units

Statute-Specific Performance

§103
74.1%
+34.1% vs TC avg
§102
13.0%
-27.0% vs TC avg
§112
10.1%
-29.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 23 resolved cases

Office Action

§103
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 Amendment In response to the non-final office action dated 03/20/2026, applicant has amended claims 1, 2, 9, 10, 17, and 18. Claims 1-20 remain pending in the application. Claim Rejections - 35 USC § 103 The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. Claim(s) 1-6, 8-14, and 16-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Anders et al (US Pub No. 2019/0349683, hereinafter Anders) in view of Kalathur et al (US Patent No. 11012776, hereinafter Kalathur). Regarding claim 1, Anders teaches a vehicle audio system (Fig 1, volume adjustment computing environment 100), comprising: at least one memory (Fig 4, computer readable storage media 908); and at least one processor coupled with the at least one memory (Fig 4, processor 902 coupled to computer readable storage media 908) and configured to cause the vehicle audio system in a vehicle to: detect a location of a first person in the vehicle (Fig 2 & ¶ [0034], step 202 detect internet of things devices associated with a user within established zones), the first person located in proximity of a first speaker device configured for audio output (Fig 3, users located in proximity to zone speakers 302-318); detect an additional location of a second person in the vehicle (Fig 2 & ¶ [0034], step 202 detect one or more internet of things devices associated with one or more users within established zones), the second person located closer to a second speaker device than the first speaker device (Fig 3, each user located closer to their specific zone speaker and further from the other zone speakers), the second speaker device configured for the audio output (¶ [0023], each area has a specific speaker defined for output to that specific area); determine a preference for the first person related to the audio output (¶ [0015], identify customized volume preference of a user (first user)) and an additional preference for the second person related to the audio output (Abstract & ¶ [0015], capable of detecting action state of one or more users including associated volume settings of one or more users (second user)); cause an adjustment of a volume of at least one of the first speaker device (Fig 2 & ¶ [0048] step 206 adjust audio volume of zones based on volume settings associated with detected internet of things devices associated with a user). Anders does not explicitly teach determining a type of audio output from a speaker. Kalathur teaches a volume adjustment model that determines a type of audio output from a speaker (See Kalathur column 7 lines 7-14, the volume adjustment model can consider the type of content being played). It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate output content type as taught by Kalathur with the vehicle audio system taught by Anders. Doing so provides adaptive adjustment while reducing listener fatigue and enhancing clarity by ensuring quiet content reaches a legible volume and loud content lowers volume to avoid possible hearing damage. Regarding claim 2, Anders in view of Kalathur teaches the vehicle audio system of claim 1, wherein the preference of the first person or the additional preference of the second person indicates favorability toward the type of the audio output (¶ [0056-0058], audio sources can be selected and audio output is based on user preferences for that specific audio source). Regarding claim 3, Anders in view of Kalathur teaches the vehicle audio system of claim 1, wherein the at least one processor is configured to cause the vehicle audio system to determine whether the first person is asleep (¶ [0054], audio volume adjustment program 120 can detect if an infant (user) has fallen asleep). Regarding claim 4, Anders in view of Kalathur teaches the vehicle audio system of claim 3, wherein the at least one processor is configured to cause the vehicle audio system to lower the volume of the first speaker device based on the first person being asleep (¶ [0054], volume adjusted based on pre-configured preferences after detecting an infant (user) has fallen asleep). Regarding claim 5, Anders in view of Kalathur teaches the vehicle audio system of claim 1, wherein the at least one processor is configured to cause the vehicle audio system to use facial recognition to detect the location of the first person in the vehicle or the additional location of the second person in the vehicle (¶ [0040], user association module 124 can use image recognition). Regarding claim 6, Anders in view of Kalathur teaches the vehicle audio system of claim 1, wherein the preference of the first person or the additional preference of the second person is predetermined based on a user input (¶ [0031], audio volume adjustment program 120 may receive input from a user). Regarding claim 8, Anders in view of Kalathur teaches the vehicle audio system of claim 1, wherein the at least one processor is configured to cause the vehicle audio system to further adjust the volume of at least one of the first speaker device or the second speaker device in response to a change in the audio output (¶ [0058], audio volume adjustment program 120 allows users to control output volume based on output type such as navigation instructions or radio). Regarding claim 9, Anders teaches a method (Abstract), comprising: determining a preference related to audio output for a first person located in a vehicle (¶ [0015], identify customized volume preference of a user (first user)); determining an additional preference related to the audio output for a second person located in the vehicle (Abstract & ¶ [0015], capable of detecting action state of one or more users including associated volume settings of one or more users (second user)); detecting a location of the first person and the second person relative to the first speaker device and the second speaker device in the vehicle (Fig 2 & ¶ [0034], step 202 detect internet of things devices associated with a user within established zones); and adjusting a volume of the first speaker device located in proximity of the first person or the second speaker device located closer to the second person that the first person based on the preference of the first person or the additional preference of the second person (Fig 2 & ¶ [0048] step 206 adjust audio volume of zones based on volume settings associated with detected internet of things devices associated with a user). Anders does not explicitly teach determining a type of audio output from a speaker. Kalathur teaches a volume adjustment model that determines a type of audio output from a speaker (See Kalathur column 7 lines 7-14, the volume adjustment model can consider the type of content being played). It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate output content type as taught by Kalathur with the method taught by Anders. Doing so provides adaptive adjustment while reducing listener fatigue and enhancing clarity by ensuring quiet content reaches a legible volume and loud content lowers volume to avoid possible hearing damage. Regarding claim 10, Anders in view of Kalathur teaches the method of claim 9, wherein the preference of the first person or the additional preference of the second person indicates favorability toward the type of the audio output (¶ [0056-0058], audio sources can be selected and audio output is based on user preferences for that specific audio source). Regarding claim 11, Anders in view of Kalathur teaches the method of claim 9, further comprising determining whether the first person is asleep (¶ [0054], audio volume adjustment program 120 can detect if an infant (user) has fallen asleep). Regarding claim 12, Anders in view of Kalathur teaches the method of claim 11, further comprising lowering the volume of the first speaker device based on the first person being asleep (¶ [0054], volume adjusted based on pre-configured preferences after detecting an infant (user) has fallen asleep). Regarding claim 13, Anders in view of Kalathur teaches the method of claim 9, further comprising using facial recognition to detect the location of one or more of the first person in the vehicle or the location of the second person in the vehicle (¶ [0040], user association module 124 can use image recognition). Regarding claim 14, Anders in view of Kalathur teaches the method of claim 9, wherein at least one of the preference of the first person or the additional preference of the second person is predetermined based on a user input (¶ [0031], audio volume adjustment program 120 may receive input from a user). Regarding claim 16, Anders in view of Kalathur teaches the method of claim 9, further comprising adjusting the volume of at least one of the first speaker device or the second speaker device in response to a change in the audio output (¶ [0058], audio volume adjustment program 120 allows users to control output volume based on output type such as navigation instructions or radio). Regarding claim 17, Anders teaches a system (Fig 1, volume adjustment computing environment 100), comprising: one or more speaker devices in a vehicle (Fig 3, zone speakers 302-318), the one or more speaker devices configured for audio output (¶ [0023], each area has a specific speaker defined for output to that specific area); and a processor configured to implement an audio playback manager (Fig 4, processor 902) to: detect a location of a person in the vehicle (Fig 2 & ¶ [0034], step 202 detect internet of things devices associated with a user within established zones), the person located in proximity of a speaker device of the one or more speaker devices (Fig 3, users located in proximity to zone speakers 302-318); determine a preference for the person related to the audio output (¶ [0015], identify customized volume preference of a user); and adjust a volume of the speaker device based on the preference of the person for the audio output (Fig 2 & ¶ [0048] step 206 adjust audio volume of zones based on volume settings associated with detected internet of things devices associated with a user). Anders does not explicitly teach determining a type of audio output from a speaker. Kalathur teaches a volume adjustment model that determines a type of audio output from a speaker (See Kalathur column 7 lines 7-14, the volume adjustment model can consider the type of content being played). It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate output content type as taught by Kalathur with the system taught by Anders. Doing so provides adaptive adjustment while reducing listener fatigue and enhancing clarity by ensuring quiet content reaches a legible volume and loud content lowers volume to avoid possible hearing damage. Regarding claim 18, Anders in view of Kalathur teaches the system of claim 17, wherein the preference of the person indicates favorability toward the type of the audio output (¶ [0056-0058], audio sources can be selected and audio output is based on user preferences for that specific audio source). Regarding claim 19, Anders in view of Kalathur teaches the system of claim 17, wherein the audio playback manager is configured to determine whether the person is asleep (¶ [0054], audio volume adjustment program 120 can detect if an infant (user) has fallen asleep) and to lower the volume of the speaker device based on the person being asleep (¶ [0054], volume adjusted based on pre-configured preferences after detecting an infant (user) has fallen asleep). Regarding claim 20, Anders in view of Kalathur teaches the system of claim 19, wherein the audio playback manager is configured to further adjust the volume of the speaker device in response to a change in the audio output (¶ [0058], audio volume adjustment program 120 allows users to control output volume based on output type such as navigation instructions or radio). Claim(s) 7 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Anders et al (US Pub No. 2019/0349683, hereinafter Anders) in view of Kalathur et al (US Patent No. 11012776, hereinafter Kalathur) as applied to claims above, and further in view of Bharitkar (US Pub No. 2024/0276143, hereinafter Bharitkar). Regarding claim 7, Anders in view of Kalathur teaches the vehicle audio system of claim 1. Anders in view of Kalathur does not explicitly teach a user preference determined by a machine learning model based on prior audio playback. Bharitkar teaches a user preference determined by a machine learning model based on prior audio playback (See Bharitkar ¶ [0028], machine learning model used to estimate peak-level amplitude to determine content-adaptive gain of the input audio signal). It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have implemented a machine learning model as taught by Bharitkar with the vehicle audio system taught by Anders in view of Kalathur. Doing so allows for cost-effective real-time customization of a user’s audio preferences allowing for an improved user experience. Regarding claim 15, Anders in view of Kalathur teaches the method of claim 9. Anders in view of Kalathur does not explicitly teach a user preference determined by a machine learning model based on prior audio playback. Bharitkar teaches a user preference determined by a machine learning model based on prior audio playback (See Bharitkar ¶ [0028], machine learning model used to estimate peak-level amplitude to determine content-adaptive gain of the input audio signal). It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have implemented a machine learning model as taught by Bharitkar with the method taught by Anders in view of Kalathur. Doing so allows for cost-effective real-time customization of a user’s audio preferences allowing for an improved user experience. Response to Arguments Applicant’s arguments with respect to claim(s) 1-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Lee et al (US Patent No. 12524194) teaches an electronic device configured to determine the existence of a passenger in a vehicle, identify relationship information, analyze attributes of output audio, and control the audio output through the vehicle based on the relationship information and audio attribute. THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to TYLER LIEBGOTT whose telephone number is (703)756-1818. The examiner can normally be reached Mon-Fri 10-6:30 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, Fan Tsang can be reached at (571)272-7547. 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. /T.M.L./Examiner, Art Unit 2694 /FAN S TSANG/Supervisory Patent Examiner, Art Unit 2694
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Prosecution Timeline

Jul 08, 2024
Application Filed
Mar 20, 2026
Non-Final Rejection mailed — §103
Apr 23, 2026
Applicant Interview (Telephonic)
Apr 23, 2026
Examiner Interview Summary
May 07, 2026
Response Filed
Jun 26, 2026
Final Rejection mailed — §103
Jul 22, 2026
Examiner Interview Summary
Jul 22, 2026
Applicant Interview (Telephonic)

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

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Prosecution Projections

3-4
Expected OA Rounds
70%
Grant Probability
78%
With Interview (+8.3%)
2y 9m (~8m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 23 resolved cases by this examiner. Grant probability derived from career allowance rate.

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