Prosecution Insights
Last updated: August 16, 2026
Application No. 18/877,482

CONTROL DEVICE, CONTROL METHOD, AND PROGRAM

Non-Final OA §103
Filed
Dec 20, 2024
Priority
Jun 27, 2022 — nonprovisional of PCTJP2022025578
Examiner
ANWAH, OLISA
Art Unit
2692
Tech Center
2600 — Communications
Assignee
Nippon Telegraph and Telephone Corporation
OA Round
1 (Non-Final)
89%
Grant Probability
Favorable
1-2
OA Rounds
3m
Est. Remaining
94%
With Interview

Examiner Intelligence

Grants 89% — above average
89%
Career Allowance Rate
1062 granted / 1193 resolved
+27.0% vs TC avg
Minimal +5% lift
Without
With
+4.7%
Interview Lift
resolved cases with interview
Fast prosecutor
1y 11m
Avg Prosecution
31 currently pending
Career history
1213
Total Applications
across all art units

Statute-Specific Performance

§101
6.3%
-33.7% vs TC avg
§103
46.6%
+6.6% vs TC avg
§102
32.4%
-7.6% vs TC avg
§112
2.7%
-37.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1193 resolved cases

Office Action

§103
DETAILED ACTION Information Disclosure Statement 1. The information disclosure statements submitted are being considered by the examiner. Claim Rejections - 35 USC § 103 2. 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. 3. Claims 1-5 and 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Rosenberg, U.S. Patent Application Publication No. 2007/0189544 (hereinafter Rosenberg) in view of Di Censo et al, U.S. Patent No. 10,362,385 (hereinafter Di Censo). Regarding claim 1, Rosenberg discloses a control device comprising processing circuitry configured to: perform first control processing of changing a first acoustic signal such that a user is able to easily listen to a second acoustic signal in response to the second acoustic signal that is different from the first acoustic signal or a notification related to the second acoustic signal (from abstract, see adjusting an output of a media player comprising capturing an ambient audio signal; processing the ambient audio signal to determine whether one or more characteristic forms are present within the ambient audio signal; and reducing an output of a media player from a first volume to a second volume if the one or more characteristic forms are present within the ambient audio signal. The characteristic forms may be, for example, a name or personal identifier of a user of the media player, the voice of a user of the media player, or an alarm or siren). Further regarding claim 1, Rosenberg does not teach the processing is performed in a case where the user who is listening to the first acoustic signal is not in a concentration state or in a case where a degree of concentration of the user is lower than as first reference, and perform second control processing of not performing the first control processing in a case where the user is in a concentration state or in a case where the degree of concentration is equal to or greater than the first reference. All the same, Di Censo discloses this feature (from column 9, see As the user becomes increasingly focused, the focus application 150 decreases the ability of the user to perceive ambient sounds and, consequently, the user is able to perform tasks requiring concentration more effectively. By contrast, as the user becomes less focused, the focus application 150 increases the ability of the user to perceive ambient sounds and, consequently, the user is able to engage more effectively in the environment and activities surrounding the user). Therefore, it would have been obvious to one of ordinary skill in the art to modify Rosenberg wherein the processing is performed in a case where the user who is listening to the first acoustic signal is not in a concentration state or in a case where a degree of concentration of the user is lower than as first reference, and perform second control processing of not performing the first control processing in a case where the user is in a concentration state or in a case where the degree of concentration is equal to or greater than the first reference as taught by Di Censo. This modification would have improved the system’s convenience by ensuring the user is not distracted as suggested by Di Censo. Regarding claim 2, Rosenberg discloses the first control processing includes processing of changing the first acoustic signal such that the user is able to easily listen to the second acoustic signal in a case where a magnitude of the second acoustic signal is equal to or greater than a second reference or in a case where the second acoustic signal is detected (from abstract of Rosenberg, see adjusting an output of a media player comprising capturing an ambient audio signal; processing the ambient audio signal to determine whether one or more characteristic forms are present within the ambient audio signal; and reducing an output of a media player from a first volume to a second volume if the one or more characteristic forms are present within the ambient audio signal. The characteristic forms may be, for example, a name or personal identifier of a user of the media player, the voice of a user of the media player, or an alarm or siren). Regarding claim 3, Rosenberg discloses the first control processing includes processing of attenuating an amplitude of the first acoustic signal in a case where a magnitude of an amplitude of the second acoustic signal is equal to or greater than a second reference or in a case where the second acoustic signal is detected (from abstract, see adjusting an output of a media player comprising capturing an ambient audio signal; processing the ambient audio signal to determine whether one or more characteristic forms are present within the ambient audio signal; and reducing an output of a media player from a first volume to a second volume if the one or more characteristic forms are present within the ambient audio signal. The characteristic forms may be, for example, a name or personal identifier of a user of the media player, the voice of a user of the media player, or an alarm or siren). Regarding claim 4, Rosenberg discloses the first control processing includes processing of presenting first notification information to the user in a case where a magnitude of an amplitude of the second acoustic signal is equal to or greater than a second reference or in a case where the second acoustic signal is detected (from abstract, see adjusting an output of a media player comprising capturing an ambient audio signal; processing the ambient audio signal to determine whether one or more characteristic forms are present within the ambient audio signal; and reducing an output of a media player from a first volume to a second volume if the one or more characteristic forms are present within the ambient audio signal. The characteristic forms may be, for example, a name or personal identifier of a user of the media player, the voice of a user of the media player, or an alarm or siren). Regarding claim 5, the combination of Rosenberg and Di Censo discloses wherein the second control processing includes processing of changing the first acoustic signal such that it becomes difficult for the user to listen to the second acoustic signal (from column 7 of Di Censo, see To prevent the user from perceiving ambient sounds detected by the microphone 130(i), the focus application 150 generates a cancellation signal that is an inverse version of the microphone signal). Regarding claim 7, Rosenberg discloses a control method performed by a control device comprising: a first step of performing first control processing of changing a first acoustic signal such that a user is able to easily listen to a second acoustic signal in response to the second acoustic signal that is different from the first acoustic signal or a notification related to the second acoustic signal (from abstract, see adjusting an output of a media player comprising capturing an ambient audio signal; processing the ambient audio signal to determine whether one or more characteristic forms are present within the ambient audio signal; and reducing an output of a media player from a first volume to a second volume if the one or more characteristic forms are present within the ambient audio signal. The characteristic forms may be, for example, a name or personal identifier of a user of the media player, the voice of a user of the media player, or an alarm or siren). Further regarding claim 7, Rosenberg does not teach the first step is performed in a case where the user who is listening to the first acoustic signal is not in a concentration state or in case where a degree of concentration of the user is lower than a first reference; and a second step of performing second control processing of not performing the first control processing in a case where the user is in the concentration state or in a case where the degree of concentration is equal to or greater than the first reference. All the same, Di Censo discloses this feature (from column 9, see As the user becomes increasingly focused, the focus application 150 decreases the ability of the user to perceive ambient sounds and, consequently, the user is able to perform tasks requiring concentration more effectively. By contrast, as the user becomes less focused, the focus application 150 increases the ability of the user to perceive ambient sounds and, consequently, the user is able to engage more effectively in the environment and activities surrounding the user). Therefore, it would have been obvious to one of ordinary skill in the art to modify Rosenberg wherein the first step is performed in a case where the user who is listening to the first acoustic signal is not in a concentration state or in case where a degree of concentration of the user is lower than a first reference; and a second step of performing second control processing of not performing the first control processing in a case where the user is in the concentration state or in a case where the degree of concentration is equal to or greater than the first reference as taught by Di Censo. This modification would have improved the system’s convenience by ensuring the user is not distracted as suggested by Di Censo. Regarding claim 8, Rosenberg discloses a non-transitory computer-readable recording medium storing a program that causes a computer to function as the control device according to claim 1 (from paragraph 0042 of Rosenberg, see ambient sound responsive volume adjustment program operatively loaded into main memory 10). 4. Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Rosenberg combined with Di Censo in view of Yasuda, U.S. Patent Application Publication No. 2018/0260187 (hereinafter Yasuda). Regarding claim 6, the combination of Rosenberg and Di Censo does not teach the second control processing includes processing of presenting second notification information to a person other than the user. All the same, Yasuda discloses this feature (from paragraph 0161, see Further, the external notification control unit 132 may cause the notification indicating the response state of the information processing system to be displayed while the detecting unit 122 is detecting a person looking in the direction of the user A). Therefore, it would have been obvious to one of ordinary skill in the art to further modify the combination of Rosenberg and Di Censo wherein the second control processing includes processing of presenting second notification information to a person other than the user as taught by Yasuda. Accordingly, the convenience of the surrounding people can be improved as suggested by Yasuda. Conclusion 5. Any inquiry concerning this communication or earlier communications from the examiner should be directed to OLISA ANWAH whose telephone number is 571-272-7533. The examiner can normally be reached Monday to Friday from 8.30 AM to 6 PM. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Carolyn Edwards can be reached on 571-270-7136. The fax phone numbers for the organization where this application or proceeding is assigned are 571-273-8300 for regular communications and 571-273-8300 for After Final communications. Any inquiry of a general nature or relating to the status of this application or proceeding should be directed to the receptionist whose telephone number is 571-272-2600. Olisa Anwah Patent Examiner July 9, 2026 /OLISA ANWAH/Primary Examiner, Art Unit 2692
Read full office action

Prosecution Timeline

Dec 20, 2024
Application Filed
Jul 13, 2026
Non-Final Rejection mailed — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12706224
Cognitive Communications, Collaboration, Consultation and Instruction with Multimodal Media and Augmented Generative Intelligence
2y 3m to grant Granted Aug 11, 2026
Patent 12704930
Touch-Sensing Pattern for Multi-Angular Orientations
2y 2m to grant Granted Aug 11, 2026
Patent 12707209
HEARING DEVICE AND METHOD FOR OPERATING THE HEARING DEVICE
2y 0m to grant Granted Aug 11, 2026
Patent 12701026
METHOD, APPARATUS, AND STORAGE MEDIUM FOR PRESENTING INFORMATION OF VIDEO CONFERENCE PARTICIPANTS
1y 12m to grant Granted Aug 04, 2026
Patent 12694587
ADAPTIVE TELECONFERENCING EXPERIENCES USING GENERATIVE IMAGE MODELS
2y 7m to grant Granted Jul 28, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

1-2
Expected OA Rounds
89%
Grant Probability
94%
With Interview (+4.7%)
1y 11m (~3m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1193 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month