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 .
Election/Restrictions
Applicant’s election without traverse of Group I in the reply filed on 8/20/26 is acknowledged.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
(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) 1-12 and 25-36 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Applicant’s submission of prior art, Burwinkel, US Patent Application Publication Number 2022/0313089 (hereinafter Burwinkel).
Regarding claims 1 and 25-27, Burwinkel discloses a method, comprising: determining, by an electronic device while the electronic device is at a first location, that a user of the electronic device is predicted to be at a second location, different from the first location, within a predetermined period of time [paragraph 0164]; obtaining, by the electronic device, a sound level at the second location [paragraph 0165]; and providing, by the electronic device and based on a determination that the sound level is above a threshold, a notification to bring hearing protection to the second location prior to the user arriving at the second location [paragraphs 0155, 0164].
Regarding claims 2 and 28, Burwinkel discloses wherein determining that the user is predicted to be at the second location comprises determining that the user is predicted to be at the second location based on user information stored at the electronic device [paragraph 0164].
Regarding claims 3 and 29, Burwinkel discloses wherein the user information comprises at least one of: calendar information, purchase information, or location-history information for the user [paragraph 0164].
Regarding claims 4 and 30, Burwinkel discloses wherein obtaining the sound level at the second location comprises obtaining a measured current sound level based on a plurality of measurements of the sound level by a plurality of other respective electronic devices that are at the second location at the time of the determining that the user is predicted to be at the second location [paragraph 0165].
Regarding claims 5 and 31, Burwinkel discloses wherein obtaining the sound level at the second location comprises obtaining an expected sound level based on a plurality of measurements of the sound level by a plurality of other respective electronic devices that were previously at the second location at a previous time associated with a future time at which the user is predicted to be at the second location [paragraph 0165].
Regarding claims 6 and 32, Burwinkel discloses wherein the future time comprises a time of day or a day of the week, and wherein the expected sound level comprises a historical average of the plurality of measurements of the sound level for the time of day or the day of the week [paragraph 0165].
Regarding claims 7 and 33, Burwinkel discloses wherein obtaining the sound level at the second location comprises obtaining an expected sound level based on a plurality of measurements of the sound level by a plurality of other respective electronic devices that were previously at a third location having an environmental context that is predicted to be present at the second location when the user is predicted to be at the second location [paragraphs 0129, 0165].
Regarding claims 8 and 34, Burwinkel discloses wherein obtaining the sound level at the second location comprises obtaining an expected sound level based on one or more measurements of the sound level at the second location by the electronic device or another electronic device associated with the user of the electronic device at one or more previous times at which the electronic device or the other electronic device were at the second location [paragraphs 0129, 0165].
Regarding claims 9 and 35, Burwinkel discloses wherein the notification to bring hearing protection to the second location comprises a notification to bring, to the second location, a hearing protection device that has previously paired with the electronic device [paragraph 0155].
Regarding claim 10, Burwinkel discloses wherein the hearing protection device comprises a set of earbuds having a noise cancellation mode [paragraph 0155].
Regarding claims 11 and 36, Burwinkel discloses wherein providing the notification comprises providing the notification while the electronic device is at the first location and prior to a departure time of a departure of the user for the second location [paragraph 0164 wherein it would be inherent to provide the notification prior to departure as the system knows where the user is headed].
Regarding claim 12, Burwinkel discloses wherein determining that the user is predicted to be at the second location comprises determining that the electronic device is moving toward the second location from the first location, and wherein providing the notification comprises providing the notification while the electronic device is moving toward the second location and prior to the electronic device arriving at the second location [paragraph 0164 wherein it would be inherent to provide the notification prior to arrival at the second location as the system knows where the user is headed].
Claim(s) 1-5, 8-10, 12, 14, 25-31, and 34-36 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Applicant’s submission of prior art, Smith et al., US Patent Application Publication Number 2021/0019108 (hereinafter Smith).
Regarding claims 1 and 25-27, Smith discloses a method, comprising: determining, by an electronic device while the electronic device is at a first location, that a user of the electronic device is predicted to be at a second location, different from the first location, within a predetermined period of time [paragraph 0076]; obtaining, by the electronic device, a sound level at the second location [paragraph 0079]; and providing, by the electronic device and based on a determination that the sound level is above a threshold, a notification to bring hearing protection to the second location prior to the user arriving at the second location [paragraph 0079].
Regarding claims 2 and 28, Smith discloses wherein determining that the user is predicted to be at the second location comprises determining that the user is predicted to be at the second location based on user information stored at the electronic device [paragraph 0076].
Regarding claims 3 and 29, Smith discloses wherein the user information comprises at least one of: calendar information, purchase information, or location-history information for the user [paragraph 0076].
Regarding claims 4 and 30, Smith discloses wherein obtaining the sound level at the second location comprises obtaining a measured current sound level based on a plurality of measurements of the sound level by a plurality of other respective electronic devices that are at the second location at the time of the determining that the user is predicted to be at the second location [paragraph 0079].
Regarding claims 5 and 31, Smith discloses wherein obtaining the sound level at the second location comprises obtaining an expected sound level based on a plurality of measurements of the sound level by a plurality of other respective electronic devices that were previously at the second location at a previous time associated with a future time at which the user is predicted to be at the second location [paragraph 0079].
Regarding claims 8 and 34, Smith discloses wherein obtaining the sound level at the second location comprises obtaining an expected sound level based on one or more measurements of the sound level at the second location by the electronic device or another electronic device associated with the user of the electronic device at one or more previous times at which the electronic device or the other electronic device were at the second location [paragraph 0076].
Regarding claims 9 and 35, Smith discloses wherein the notification to bring hearing protection to the second location comprises a notification to bring, to the second location, a hearing protection device that has previously paired with the electronic device [paragraph 0079].
Regarding claim 10, Smith discloses wherein the hearing protection device comprises a set of earbuds having a noise cancellation mode [paragraph 0079].
Regarding claim 12, Smith discloses wherein determining that the user is predicted to be at the second location comprises determining that the electronic device is moving toward the second location from the first location, and wherein providing the notification comprises providing the notification while the electronic device is moving toward the second location and prior to the electronic device arriving at the second location [paragraph 0079].
Regarding claim 14, Smith discloses wherein the second location comprises a geofenced workplace, and wherein the notification comprises a notification that the hearing protection is required at the second location [paragraph 0079].
Claim(s) 1 and 25-27 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Muggleton et al., US Patent Application Publication Number 2021/0097969 (hereinafter Muggleton).
Regarding claims 1 and 25-27, Muggleton discloses a method, comprising: determining, by an electronic device while the electronic device is at a first location, that a user of the electronic device is predicted to be at a second location, different from the first location, within a predetermined period of time [paragraph 0007]; obtaining, by the electronic device, a sound level at the second location [paragraph 0007]; and providing, by the electronic device and based on a determination that the sound level is above a threshold, a notification to bring hearing protection to the second location prior to the user arriving at the second location [paragraph 0007].
Note: This reference may also read on further limitations, however the Examiner has already provided multiple rejections for the independent claims and most of the dependent claims.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Smith.
Regarding claim 13, Smith does not specifically disclose providing by the electronic device and based on a subsequent determination that the sound level has fallen below the threshold, a notification that the hearing protection may be removed or deactivated. However, Smith teaches providing a notification that hearing protection should be worn [paragraph 0079]. It would therefore be an obvious modification to also provide a notification that hearing protection is no longer needed. Before the effective filing of the invention, it would have been obvious to one of ordinary skill in the art to modify Smith to include this feature. The motivation for this modification would have been to combine prior art elements according to known methods to yield predictable results.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Kanukurthy et al., US Patent Application Publication Number 2019/0073618, disclose intelligent safety monitoring and analytics system for personal protective equipment.
Werner et al., US Patent Number 10,109, 172, disclose noise level tracking and notification system.
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/EAW/
September 1, 2026
/ERIKA A WASHINGTON/Primary Examiner, Art Unit 2644
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