Prosecution Insights
Last updated: August 16, 2026
Application No. 18/877,533

USER APPARATUS, COMMON APPARATUS, METHOD THEREBY, AND PROGRAM

Non-Final OA §102
Filed
Dec 20, 2024
Priority
Jun 30, 2022 — nonprovisional of PCTJP2022026205
Examiner
DIAZ, SABRINA
Art Unit
2693
Tech Center
2600 — Communications
Assignee
Nippon Telegraph and Telephone Corporation
OA Round
1 (Non-Final)
74%
Grant Probability
Favorable
1-2
OA Rounds
5m
Est. Remaining
97%
With Interview

Examiner Intelligence

Grants 74% — above average
74%
Career Allowance Rate
401 granted / 543 resolved
+11.8% vs TC avg
Strong +23% interview lift
Without
With
+23.4%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 1m
Avg Prosecution
26 currently pending
Career history
582
Total Applications
across all art units

Statute-Specific Performance

§101
2.5%
-37.5% vs TC avg
§103
50.5%
+10.5% vs TC avg
§102
15.5%
-24.5% vs TC avg
§112
25.7%
-14.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 543 resolved cases

Office Action

§102
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claim(s) 1-9 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US Patent Pub No 2023/0247384 A1 to Okimoto et al. (“Okimoto”). As to claim 1, Okimoto discloses a user device comprising processing circuitry configured to output an individual reproduction signal for presenting an individual acoustic signal specialized for a specific user who is one of a plurality of users to the specific user from an acoustic signal output device for the specific user (device coupled to individual earphone or headphone devices for each user in a common space, see figures 1-4 and 11; pgs. 1-2, ¶ 0044 - ¶ 0046, ¶ 0049; pg. 5, ¶ 0135) at a timing synchronized with a common acoustic signal that is presented to the plurality of users from a common sound source (common source such as movie content in a theater, individual user earphone audio synchronized with room speakers, see figures 8-10, 13 and 16; pg. 2, ¶ 0047 - ¶ 0049, ¶ 0057; pg. 4, ¶ 0099 - ¶ 0110; pg. 5, ¶ 0134 - ¶ 0138). As to claim 2, Okimoto further discloses wherein: the common sound source emits the common acoustic signal to surroundings of the specific user (real speakers, see figures 8-11 and 13; pg. 4, ¶ 0099 - ¶ 0108); and the acoustic signal output device is worn by the specific user without completely sealing an ear canal of the specific user and emits the individual acoustic signal to the ear canal of the specific user (see figure 3; pg. 3, ¶ 0068; pg. 4, ¶ 0108 - ¶ 0111). As to claim 3, Okimoto further discloses wherein the individual acoustic signal is a signal according to at least one of an attribute, preference, action, posture, orientation, or situation of the specific user or a relationship between the specific user and a user other than the specific user included in the plurality of users (see figures 10-11, 13-14 and 16; pg. 5, ¶ 0136 - ¶ 0138; pgs. 6-7, ¶ 0169 - ¶ 0170; pg. 10, ¶ 0269). As to claim 4, Okimoto further discloses wherein the individual acoustic signal includes at least one of a signal having content specialized for the specific user, a signal reproduced in synchronization with the common acoustic signal at a timing specialized for the specific user, or a signal subjected to acoustic signal processing specialized for the specific user (user position specific signal synchronized with real speakers, see figures 10-11, 13-14 and 16; pg. 4, ¶ 0099 - ¶ 0110; pg. 5, ¶ 0134 - ¶ 0138; pgs. 6-7, ¶ 0169 - ¶ 0170; pg. 10, ¶ 0269). As to claim 5, Okimoto discloses a common device comprising processing circuitry configured to: output information for presenting a common acoustic signal to a plurality of users from a common sound source (acoustic processing device, see figures 1, 9-11, 13-14, 17 and 27; pg. 4, ¶ 0106 - ¶ 0110; pg. 5, ¶ 0125; pg. 10, ¶ 0248); and output information for presenting an individual acoustic signal specialized for a specific user who is one of the plurality of users to the specific user from an acoustic signal output device for the specific user at a timing synchronized with the common acoustic signal (common source such as movie content in a theater, individual user earphone audio synchronized with room speakers, see figures 1-4, 8-11 and 13-14; pgs. 1-2, ¶ 0044 - ¶ 0049; pg. 4, ¶ 0099 - ¶ 0110; pg. 5, ¶ 0134 - ¶ 0138). As to claim 6, Okimoto discloses method by a user device, the method comprising an individual reproduction step of outputting an individual reproduction signal for presenting an individual acoustic signal specialized for a specific user who is one of a plurality of users to the specific user from an acoustic signal output device for the specific user (via device coupled to individual earphone or headphone devices for each user in a common space, see figures 1-4 and 11; pgs. 1-2, ¶ 0044 - ¶ 0046, ¶ 0049; pg. 5, ¶ 0135) at a timing synchronized with a common acoustic signal that is presented to the plurality of users from a common sound source (common source such as movie content in a theater, individual user earphone audio synchronized with room speakers, see figures 8-10, 13 and 16; pg. 2, ¶ 0047 - ¶ 0049, ¶ 0057; pg. 4, ¶ 0099 - ¶ 0110; pg. 5, ¶ 0134 - ¶ 0138). As to claim 7, Okimoto discloses method by a common device, the method comprising: a common reproduction step of outputting information for presenting a common acoustic signal to a plurality of users from a common sound source (via acoustic processing device, see figures 1, 9-11, 13-14, 17 and 27; pg. 4, ¶ 0106 - ¶ 0110; pg. 5, ¶ 0125; pg. 10, ¶ 0248); and an output step of outputting information for presenting an individual acoustic signal specialized for a specific user who is one of the plurality of users to the specific user from an acoustic signal output device for the specific user at a timing synchronized with the common acoustic signal (common source such as movie content in a theater, individual user earphone audio synchronized with room speakers, see figures 1-4, 8-11 and 13-14; pgs. 1-2, ¶ 0044 - ¶ 0049; pg. 4, ¶ 0099 - ¶ 0110; pg. 5, ¶ 0134 - ¶ 0138). As to claim 8, Okimoto further discloses a non-transitory computer-readable recording medium storing a program for causing a computer to function as the user device according to claim 1 (see pg. 2, ¶ 0046; pg. 10, ¶ 0250 - ¶ 0255). As to claim 9, Okimoto further discloses a non-transitory computer-readable recording medium storing a program for causing a computer to function as the common device according to claim 5 (see pg. 10, ¶ 0250 - ¶ 0255). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to SABRINA DIAZ whose telephone number is (571)272-1621. The examiner can normally be reached Monday-Friday 9am-5pm. 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, Ahmad Matar can be reached at 5712727488. 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. /SABRINA DIAZ/Examiner, Art Unit 2693 /ANTIM G SHAH/Primary Examiner, Art Unit 2693
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Prosecution Timeline

Dec 20, 2024
Application Filed
Jul 21, 2026
Non-Final Rejection mailed — §102 (current)

Precedent Cases

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

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Prosecution Projections

1-2
Expected OA Rounds
74%
Grant Probability
97%
With Interview (+23.4%)
2y 1m (~5m remaining)
Median Time to Grant
Low
PTA Risk
Based on 543 resolved cases by this examiner. Grant probability derived from career allowance rate.

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