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 . This Office action is based on the communications filed February 27, 2025. Claims 1 – 19 and 21 are currently pending and considered below.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on February 27, 2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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.
Claim(s) 1 – 9, 11 – 13, 19, and 21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by De Vega Rodrigo (DE 10 2004 030 293 A1), hereinafter De Vega Rodrigo, with citations provided from the corresponding English translation refer to corresponding paragraphs in original for equations.
Claim 1: De Vega Rodrigo discloses a communications device for audibly notifying a user of the communications device (see at least, “The individual method steps for carrying out the method according to the invention are explained in more detail below with reference to the figure. In this scenario, an alert signal HT with the alert volume HL is to be output on the basis of an incoming telephone call in a mobile radio telephone,” De Vega Rodrigo [0027]), the communications device comprising:
an acoustic actuator (see at least, “Furthermore, a loudspeaker LS can be attached to the reproduction unit WE, said loudspeaker audibly reproducing the indication signal Hat, such as an indication melody, in the indication volume HL,” De Vega Rodrigo [0025]), and
a processing circuitry configuring the communications device to operate to (see at least, “The object on which the invention is based is to specify a method and a device which make possible a simple and reliable generation of an indication signal. This object is achieved on the basis of the method according to the preamble of claim 1 by its characterizing features. Furthermore, this object is achieved, starting from the apparatus according to the preamble of claim 14, by its characterizing features. In the method for generating an alert signal in a device, according to claim 1, an ambient volume is measured by a measuring unit, a correction volume is determined by a correction unit on the basis of the ambient volume and a storage attenuation characterizing by attenuation of an alert volume of the alert signal on the basis of a storage location of the device with respect to an environment, the alert volume of the alert signal is generated by an alert unit on the basis of the correction volume and an alert volume, and the alert signal is output by a reproduction unit in the form of at least one alert tone having the alert volume,” De Vega Rodrigo [0004] – [0006]):
capture spoken utterances (see at least, “In one possible alternative, the storage attenuation is measured by the attenuation measuring device with the aid of the first volume measuring sensor. Thus, a cost-effective implementation of the method according to the invention is made possible, since both the measuring unit and the attenuation measuring device share only one volume measuring sensor, such as e.g. a microphone integrated into the device,” De Vega Rodrigo [0016], “Furthermore, a first volume measurement sensor MK 1, such as a microphone, can be connected to the measurement unit ME, which is used for measuring the ambient volume UL,” De Vega Rodrigo [0025], “In a first step, the measuring unit ME determines the ambient volume UL. The ambient volume ME may be measured with the first volume measurement sensor MK 1. For example, the first volume measuring sensor MK1 is already integrated in the mobile telephone and is used in a telephone set for recording voice signals,” De Vega Rodrigo [0027]),
estimate a current acoustic damping which the captured spoken utterances have been subjected to, based on an amplitude of the captured spoken utterances and a maximum amplitude of previously captured spoken utterances (see at least, “In addition to the possibility that an attenuation value is assigned to the storage attenuation AD, wherein the attenuation value is characteristic for a storage location LUL selected from a list, it is also possible according to the method according to the invention to measure at least one storage attenuation AD individually. For this purpose, the device G has an attenuation measuring device DE. To carry out the measurement of the storage attenuation AD, a test tone is reproduced at a constant volume, for example by a second device, wherein the test tone is active only during a predeterminable measurement duration of the respective measurement. First, in a first measurement, a first ambient volume UL 1 is performed outside the storage location, such as at the user's ear. Next, in a second measurement, a second ambient volume HL 2 is measured, wherein the device G and thus also the attenuation measuring device DE are located in the location, such as e.g. in the briefcase. In a subsequent step, the attenuation due to the location is determined on the basis of the difference between the first and second ambient loudness UL 1, UL 2. For example, the retention loss AD is calculated from the subtraction of the second ambient volume UL 2 from the first ambient volume UL 1. Mathematically, this can be represented as: AD(dB)=UL2(dB) &ndashi; UL1(dB),” De Vega Rodrigo [0042], “In a possible extension of the method according to the invention, the storage loss AD can also be determined dynamically. If, for example, the attenuation measuring device DE is able to unambiguously identify a particular voice or even a particular noise, e.g. the voice of the user of the device G, a specific volume of this particular voice can be measured regularly. On the basis of statistical methods, such as a frequency distribution, for example, the attenuation measuring device DE can determine the specific volume for the following two cases and determine the preservation attenuation AD therefrom: • (a) The device G is not in a storage location, so that the specific volume exceeds a predefinable threshold value on average. • (b) The apparatus G is in a storage place so that the specific loudness is measured only in attenuation. The less this specific volume is measured, the greater the attenuation. The storage attenuation AD can thus be determined dynamically from the subtraction of the specific volume in the case that the device is not located in the location from the currently measured specific volume in the location of the device G,” De Vega Rodrigo [0047]), and
audibly notify the user by emitting an acoustic notification signal using the acoustic actuator, wherein the acoustic notification signal is adapted based on the estimated current acoustic damping (see at least, “In the method for generating an alert signal in a device, according to claim 1, an ambient volume is measured by a measuring unit, a correction volume is determined by a correction unit on the basis of the ambient volume and a storage attenuation characterizing by attenuation of an alert volume of the alert signal on the basis of a storage location of the device with respect to an environment, the alert volume of the alert signal is generated by an alert unit on the basis of the correction volume and an alert volume, and the alert signal is output by a reproduction unit in the form of at least one alert tone having the alert volume,” De Vega Rodrigo [0006], “Furthermore, the method according to the invention takes into account a damping which occurs due to the storage location of the device relative to the environment by the storage damping. This is particularly advantageous since, in the case of a low storage loss, such as a jacket bag, for example, and in the case of a high storage loss, such as in a backpack, for example, the indicator volume can be adapted to the storage location. The use of the storage attenuation is particularly expedient in practice, since this first allows adaptive and automatic measurement of the ambient volume for the purpose of optimally generating the indication volume,” De Vega Rodrigo [0008]).
Claim 2: De Vega Rodrigo discloses the communications device according to claim 1, further operative to estimate the current acoustic damping based on a ratio of the amplitude of the captured spoken utterances and the maximum amplitude of previously captured spoken utterances (see at least, “In addition to the possibility that an attenuation value is assigned to the storage attenuation AD, wherein the attenuation value is characteristic for a storage location LUL selected from a list, it is also possible according to the method according to the invention to measure at least one storage attenuation AD individually. For this purpose, the device G has an attenuation measuring device DE. To carry out the measurement of the storage attenuation AD, a test tone is reproduced at a constant volume, for example by a second device, wherein the test tone is active only during a predeterminable measurement duration of the respective measurement. First, in a first measurement, a first ambient volume UL 1 is performed outside the storage location, such as at the user's ear. Next, in a second measurement, a second ambient volume HL 2 is measured, wherein the device G and thus also the attenuation measuring device DE are located in the location, such as e.g. in the briefcase. In a subsequent step, the attenuation due to the location is determined on the basis of the difference between the first and second ambient loudness UL 1, UL 2. For example, the retention loss AD is calculated from the subtraction of the second ambient volume UL 2 from the first ambient volume UL 1. Mathematically, this can be represented as: AD(dB)=UL2(dB) &ndashi; UL1(dB),” De Vega Rodrigo [0042], “In a possible extension of the method according to the invention, the storage loss AD can also be determined dynamically. If, for example, the attenuation measuring device DE is able to unambiguously identify a particular voice or even a particular noise, e.g. the voice of the user of the device G, a specific volume of this particular voice can be measured regularly. On the basis of statistical methods, such as a frequency distribution, for example, the attenuation measuring device DE can determine the specific volume for the following two cases and determine the preservation attenuation AD therefrom: • (a) The device G is not in a storage location, so that the specific volume exceeds a predefinable threshold value on average. • (b) The apparatus G is in a storage place so that the specific loudness is measured only in attenuation. The less this specific volume is measured, the greater the attenuation. The storage attenuation AD can thus be determined dynamically from the subtraction of the specific volume in the case that the device is not located in the location from the currently measured specific volume in the location of the device G,” De Vega Rodrigo [0047]).
Claim 3: De Vega Rodrigo discloses the communications device according to claim 1, further operative to adapt the acoustic notification signal by adjusting an amplitude of the acoustic notification signal based on the estimated current acoustic damping (see at least, “In a second step, a correction volume L KF is determined by the correction unit KE. For this purpose, the ambient volume UL and the storage attenuation AD are linked with the aid of mathematical methods. For example, 40 dB was measured for the ambient volume. Attenuation of a volume in decibels (dB), such as the preservation attenuation AD, is indicated by negative values. For example, the mobile telephone is stored in a backpack. The volume of the indication signal HT is attenuated by this backpack. This attenuation is referred to below as storage attenuation AD. For example, the preservation loss is „ AD = &ndashi; 15 dB". Since
the volume is given in decibels (dB), the correction volume LKF can be determined by subtracting the ambient volume UL from the retention loss AD. This can be expressed by the following equation: L KF(dB)=AD(dB) &ndashi; UL(dB). Thus, the correction volume LFK of the present exemplary embodiment is: LFK=&ndashi;15dB&ndashi;40dB= –55dB,” De Vega Rodrigo [0029] – [0030]).
Claim 4: De Vega Rodrigo discloses the communications device according to claim 3, further operative to adjust the amplitude of the acoustic notification signal by increasing the amplitude of the acoustic notification signal by the estimated current acoustic damping (see at least, “In a third step, the indication volume HL of the indication signal HT is generated by means of the indication unit HE. In this case, firstly the correction volume LKF and secondly an attention volume AL are taken into account. The attention volume AL indicates the volume portion by which the indication volume HL is to be louder than the volume predefined by the ambient volume UL and the storage attenuation AD. If the
correction volume LKF and the attention volume AL are indicated in decibels (dB), the notification volume HL can be generated by subtracting the correction volume LKF from the attention volume AL. This can be described in more detail by the following equation: HL(dB)=AL(dB) &ndashi; LKF(dB). Thus, for the present exemplary embodiment, the sign volume HL with an exemplary attention volume AL of 30 dB results in: HL=30 dB+55 dB=85 dB. The notification volume HL now takes into account the environmental volume UL, the storage location AD of the device G and the attention volume AL. In an alternative realization variant of the second and third method steps, the notification volume HL can also be determined by summing the ambient volume UL, attention volume AL and the amount of the retention loss AD. This can be represented by the following equation: HL(dB)=UL(dB)+AL(dB)+ |AD(dB)|.
[0034] Where the term „|.|" represents the absolute value. Thus, for the exemplary mbodiment, the following results: HL=40 dB+30 dB+ |–15dB|=85 dB,” De Vega Rodrigo [0031 – [0034]).
Claim 5: De Vega Rodrigo discloses the communications device according to claim 1, further operative to estimate the current acoustic damping as an average over a frequency range of the captured spoken utterances (see at least, “In a possible extension of the method according to the invention, the storage loss AD can also be determined dynamically. If, for example, the attenuation measuring device DE is able to unambiguously identify a particular voice or even a particular noise, e.g. the voice of the user of the device G, a specific volume of this particular voice can be measured regularly. On the basis of statistical methods, such as a frequency distribution, for example, the attenuation measuring device DE can determine the specific volume for the following two cases and determine the preservation attenuation AD therefrom: • (a) The device G is not in a storage location, so that the specific volume exceeds a predefinable threshold value on average. • (b) The apparatus G is in a storage place so that the specific loudness is measured only in attenuation. The less this specific volume is measured, the greater the attenuation. The storage attenuation AD can thus be determined dynamically from the subtraction of the specific volume in the case that the device is not located in the location from the currently measured specific volume in the location of the device G,” De Vega Rodrigo [0047]).
Claim 6: De Vega Rodrigo discloses the communications device according to claim 1, further operative to estimate the current acoustic damping as a frequency dependent current acoustic damping (see at least, “Preferably, the measuring unit ME measures the ambient volume UL with reference to a predefinable frequency and in decibels (dB). If all the loudness levels are given in decibels (dB) and if these relate to a predefinable frequency, it is thus easily possible in practice to determine the different loudness levels. This will be explained in more detail later,” De Vega Rodrigo [0027], “In a possible extension of the method according to the invention, the storage loss AD can also be determined dynamically. If, for example, the attenuation measuring device DE is able to unambiguously identify a particular voice or even a particular noise, e.g. the voice of the user of the device G, a specific volume of this particular voice can be measured regularly. On the basis of statistical methods, such as a frequency distribution, for example, the attenuation measuring device DE can determine the specific volume for the following two cases and determine the preservation attenuation AD therefrom: • (a) The device G is not in a storage location, so that the specific volume exceeds a predefinable threshold value on average. • (b) The apparatus G is in a storage place so that the specific loudness is measured only in attenuation. The less this specific volume is measured, the greater the attenuation. The storage attenuation AD can thus be determined dynamically from the subtraction of the specific volume in the case that the device is not located in the location from the currently measured specific volume in the location of the device G,” De Vega Rodrigo [0047]).).
Claim 7: De Vega Rodrigo discloses the communications device according to claim 6, further operative to adapt the acoustic notification signal by selecting the acoustic notification signal based on the estimated frequency dependent current acoustic damping and a frequency spectrum of the selected acoustic notification signal (see at least, “According to [2], it is known that the volume is perceived to be differently loud for a human subject depending on a tone frequency. Page 319 [2] shows a graph in which a subjective loudness (subjective sound intensity) indicated in phone (phone) is plotted over a frequency range of about 30 to 15,000 Hz. Thus, for example, it can be seen that, with a constant subjective volume, an increase in a sound pressure level is required at low sound frequencies as well as at high sound frequencies. The sound pressure level is a physical quantity for indicating the volume, the sound pressure level being indicated in decibels (dB). In order to carry out the method according to the invention, it is expedient in practice to carry out the individual method steps, as discussed in the exemplary embodiment according to the figure, with a normalized audio frequency, for example at 1000 Hz. Thus, the measuring unit measures the ambient volume normalized at 1000 Hz. Furthermore, the
preservation attenuation AD and the attention volume AL are also specified normalized to 1000 Hz. If, for example, the sign signal HL is now output by the reproduction unit WE in the form of a sign tone at 1000 Hz, the sign volume HL can be adopted by the reproduction unit WE without modification. However, if the notification sound is to be output at a different sound frequency than the standardized sound frequency, for example at 500 Hz, the notification volume HL according to the figure according to [2], page 339 must be amplified/attenuated in order to obtain the identical subjective volume. If, for example, the warning sound HT is to be output at 3000 Hz, the warning sound must be attenuated in order to obtain the subjective volume. In addition, one or more of the units according to the figure can carry out a predefinable amplification or attenuation of the respective volume. For example, the first volume measurement sensor MK 1 supplies the measuring unit ME with the ambient volume UL standardized to 200 Hz. Thus, before the ambient volume UL is transferred to the correction unit KE, the measuring unit ME will adapt the ambient volume UL to a frequency of, for example, 1000 Hz,” De Vega Rodrigo [0040] – [0041]).
Claim 8: De Vega Rodrigo discloses the communications device according to claim 6, further operative to adapt the acoustic notification signal by modifying a frequency spectrum of the acoustic notification signal based on the estimated frequency dependent current acoustic damping (see at least, “According to [2], it is known that the volume is perceived to be differently loud for a human subject depending on a tone frequency. Page 319 [2] shows a graph in which a subjective loudness (subjective sound intensity) indicated in phone (phone) is plotted over a frequency range of about 30 to 15,000 Hz. Thus, for example, it can be seen that, with a constant subjective volume, an increase in a sound pressure level is required at low sound frequencies as well as at high sound frequencies. The sound pressure level is a physical quantity for indicating the volume, the sound pressure level being indicated in decibels (dB). In order to carry out the method according to the invention, it is expedient in practice to carry out the individual method steps, as discussed in the exemplary embodiment according to the figure, with a normalized audio frequency, for example at 1000 Hz. Thus, the measuring unit measures the ambient volume normalized at 1000 Hz. Furthermore, the preservation attenuation AD and the attention volume AL are also specified normalized to 1000 Hz. If, for example, the sign signal HL is now output by the reproduction unit WE in the form of a sign tone at 1000 Hz, the sign volume HL can be adopted by the reproduction unit WE without modification. However, if the notification sound is to be output at a different sound frequency than the standardized sound frequency, for example at 500 Hz, the notification volume HL according to the figure according to [2], page 339 must be amplified/attenuated in order to obtain the identical subjective volume. If, for example, the warning sound HT is to be output at 3000 Hz, the warning sound must be attenuated in order to obtain the subjective volume. In addition, one or more of the units according to the figure can carry out a predefinable amplification or attenuation of the respective volume. For example, the first volume measurement sensor MK 1 supplies the measuring unit ME with the ambient volume UL standardized to 200 Hz. Thus, before the ambient volume UL is transferred to the correction unit KE, the measuring unit ME will adapt the ambient volume UL to a frequency of, for example, 1000 Hz,” De Vega Rodrigo [0040] – [0041]).
Claim 9: De Vega Rodrigo discloses the communications device according to claim 1,further comprising a microphone, and being further operative to capture the spoken utterances using the microphone (see at least, “In one possible alternative, the storage attenuation is measured by the attenuation measuring device with the aid of the first volume measuring sensor. Thus, a cost-effective implementation of the method according to the invention is made possible, since both the measuring unit and the attenuation measuring device share only one volume measuring sensor, such as e.g. a microphone integrated into the device,” De Vega Rodrigo [0016], “Furthermore, a first volume measurement sensor MK 1, such as a microphone, can be connected to the measurement unit ME, which is used for measuring the ambient volume UL,” De Vega Rodrigo [0025], “In a first step, the measuring unit ME determines the ambient volume UL. The ambient volume ME may be measured with the first volume measurement sensor MK 1. For example, the first volume measuring sensor MK1 is already integrated in the mobile telephone and is used in a telephone set for recording voice signals,” De Vega Rodrigo [0027]).
Claim 11: De Vega Rodrigo discloses the communications device (100) according to claim 1, further operative to estimate the current acoustic damping based on captured spoken utterances (131, 131') and previously captured spoken utterances which originate from the same speaker (see at least, “In a possible extension of the method according to the invention, the storage loss AD can also be determined dynamically. If, for example, the attenuation measuring device DE is able to unambiguously identify a particular voice or even a particular noise, e.g. the voice of the user of the device G, a specific volume of this particular voice can be measured regularly. On the basis of statistical methods, such as a frequency distribution, for example, the attenuation measuring device DE can determine the specific volume for the following two cases and determine the preservation attenuation AD therefrom: • (a) The device G is not in a storage location, so that the specific volume exceeds a predefinable threshold value on average. • (b) The apparatus G is in a storage place so that the specific loudness is measured only in attenuation. The less this specific volume is measured, the greater the attenuation. The storage attenuation AD can thus be determined dynamically from the subtraction of the specific volume in the case that the device is not located in the location from the currently measured specific volume in the location of the device G,” De Vega Rodrigo [0047]).
Claim 12: De Vega Rodrigo discloses the communications device (100) according to claim 11, wherein the speaker is the user (120) of the communications device (see at least, “In a possible extension of the method according to the invention, the storage loss AD can also be determined dynamically. If, for example, the attenuation measuring device DE is able to unambiguously identify a particular voice or even a particular noise, e.g. the voice of the user of the device G, a specific volume of this particular voice can be measured regularly. On the basis of statistical methods, such as a frequency distribution, for example, the attenuation measuring device DE can determine the specific volume for the following two cases and determine the preservation attenuation AD therefrom: • (a) The device G is not in a storage location, so that the specific volume exceeds a predefinable threshold value on average. • (b) The apparatus G is in a storage place so that the specific loudness is measured only in attenuation. The less this specific volume is measured, the greater the attenuation. The storage attenuation AD can thus be determined dynamically from the subtraction of the specific volume in the case that the device is not located in the location from the currently measured specific volume in the location of the device G,” De Vega Rodrigo [0047]).
Claim 13: De Vega Rodrigo discloses the communications device (100) according to claim 11, wherein the captured spoken utterances (131, 131') originate from one or more speakers in the proximity of the communications device (see at least, “In a possible extension of the method according to the invention, the storage loss AD can also be determined dynamically. If, for example, the attenuation measuring device DE is able to unambiguously identify a particular voice or even a particular noise, e.g. the voice of the user of the device G, a specific volume of this particular voice can be measured regularly. On the basis of statistical methods, such as a frequency distribution, for example, the attenuation measuring device DE can determine the specific volume for the following two cases and determine the preservation attenuation AD therefrom: • (a) The device G is not in a storage location, so that the specific volume exceeds a predefinable threshold value on average. • (b) The apparatus G is in a storage place so that the specific loudness is measured only in attenuation. The less this specific volume is measured, the greater the attenuation. The storage attenuation AD can thus be determined dynamically from the subtraction of the specific volume in the case that the device is not located in the location from the currently measured specific volume in the location of the device G,” De Vega Rodrigo [0047]).
Claim 19: De Vega Rodrigo discloses the communications device according to claim 1, further operative to: maintain a list of previous storage locations and corresponding estimated acoustic damping values, and adapt the acoustic notification signal based on a previously estimated acoustic damping at a detected current storage location of the communications device (see at least, “In the second step of the exemplary embodiment, the correction volume LKF was determined, inter alia, as a function of the storage attenuation AD. It is found in practice that users often store their device, such as their mobile telephone, at a preferred storage location. For example, a backpack or a jacket bag is selected as the
storage location. Depending on the storage location, the volume of an indication signal Hat, such as an
indication sound of a tone frequency, is attenuated to a greater or lesser extent. The storage attenuation AD thus allows the information volume HL to be adapted to a respective storage location,” De Vega Rodrigo [0037], “According to a further possible development, an attenuation value can also be assigned to the storage attenuation AD, wherein the attenuation value is characteristic of a storage location selected from a list LUL. Thus, this list of storage locations LUL can comprise typical damping values for the storage damping AD, such as e.g. for a jacket bag, a backpack, a briefcase or also a travel bag,” De Vega Rodrigo [0038]).
Claim 21: De Vega Rodrigo discloses a method of audibly notifying a user of a communications device, the method performed by the communications device and comprising (see at least, “The individual method steps for carrying out the method according to the invention are explained in more detail below with reference to the figure. In this scenario, an alert signal HT with the alert volume HL is to be output on the basis of an incoming telephone call in a mobile radio telephone,” De Vega Rodrigo [0027], “The object on which the invention is based is to specify a method and a device which make possible a simple and reliable generation of an indication signal. This object is achieved on the basis of the method according to the preamble of claim 1 by its characterizing features. Furthermore, this object is achieved, starting from the apparatus according to the preamble of claim 14, by its characterizing features. In the method for generating an alert signal in a device, according to claim 1, an ambient volume is measured by a measuring unit, a correction volume is determined by a correction unit on the basis of the ambient volume and a storage attenuation characterizing by attenuation of an alert volume of the alert signal on the basis of a storage location of the device with respect to an environment, the alert volume of the alert signal is generated by an alert unit on the basis of the correction volume and an alert volume, and the alert signal is output by a reproduction unit in the form of at least one alert tone having the alert volume,” De Vega Rodrigo [0004] – [0006]): capturing spoken utterances (see at least, “In one possible alternative, the storage attenuation is measured by the attenuation measuring device with the aid of the first volume measuring sensor. Thus, a cost-effective implementation of the method according to the invention is made possible, since both the measuring unit and the attenuation measuring device share only one volume measuring sensor, such as e.g. a microphone integrated into the device,” De Vega Rodrigo [0016], “Furthermore, a first volume measurement sensor MK 1, such as a microphone, can be connected to the measurement unit ME, which is used for measuring the ambient volume UL,” De Vega Rodrigo [0025], “In a first step, the measuring unit ME determines the ambient volume UL. The ambient volume ME may be measured with the first volume measurement sensor MK 1. For example, the first volume measuring sensor MK1 is already integrated in the mobile telephone and is used in a telephone set for recording voice signals,” De Vega Rodrigo [0027]), estimating a current acoustic damping which the captured spoken utterances have been subjected to, based on an amplitude of the captured spoken utterances and a maximum amplitude of previously captured spoken utterances (see at least, “In addition to the possibility that an attenuation value is assigned to the storage attenuation AD, wherein the attenuation value is characteristic for a storage location LUL selected from a list, it is also possible according to the method according to the invention to measure at least one storage attenuation AD individually. For this purpose, the device G has an attenuation measuring device DE. To carry out the measurement of the storage attenuation AD, a test tone is reproduced at a constant volume, for example by a second device, wherein the test tone is active only during a predeterminable measurement duration of the respective measurement. First, in a first measurement, a first ambient volume UL 1 is performed outside the storage location, such as at the user's ear. Next, in a second measurement, a second ambient volume HL 2 is measured, wherein the device G and thus also the attenuation measuring device DE are located in the location, such as e.g. in the briefcase. In a subsequent step, the attenuation due to the location is determined on the basis of the difference between the first and second ambient loudness UL 1, UL 2. For example, the retention loss AD is calculated from the subtraction of the second ambient volume UL 2 from the first ambient volume UL 1. Mathematically, this can be represented as: AD(dB)=UL2(dB) &ndashi; UL1(dB),” De Vega Rodrigo [0042], “In a possible extension of the method according to the invention, the storage loss AD can also be determined dynamically. If, for example, the attenuation measuring device DE is able to unambiguously identify a particular voice or even a particular noise, e.g. the voice of the user of the device G, a specific volume of this particular voice can be measured regularly. On the basis of statistical methods, such as a frequency distribution, for example, the attenuation measuring device DE can determine the specific volume for the following two cases and determine the preservation attenuation AD therefrom: • (a) The device G is not in a storage location, so that the specific volume exceeds a predefinable threshold value on average. • (b) The apparatus G is in a storage place so that the specific loudness is measured only in attenuation. The less this specific volume is measured, the greater the attenuation. The storage attenuation AD can thus be determined dynamically from the subtraction of the specific volume in the case that the device is not located in the location from the currently measured specific volume in the location of the device G,” De Vega Rodrigo [0047]), and audibly notifying the user by emitting an acoustic notification signal using an acoustic actuator comprised in the communications device, wherein the acoustic notification signal is adapted based on the estimated current acoustic damping (see at least, “In the method for generating an alert signal in a device, according to claim 1, an ambient volume is measured by a measuring unit, a correction volume is determined by a correction unit on the basis of the ambient volume and a storage attenuation characterizing by attenuation of an alert volume of the alert signal on the basis of a storage location of the device with respect to an environment, the alert volume of the alert signal is generated by an alert unit on the basis of the correction volume and an alert volume, and the alert signal is output by a reproduction unit in the form of at least one alert tone having the alert volume,” De Vega Rodrigo [0006], “Furthermore, the method according to the invention takes into account a damping which occurs due to the storage location of the device relative to the environment by the storage damping. This is particularly advantageous since, in the case of a low storage loss, such as a jacket bag, for example, and in the case of a high storage loss, such as in a backpack, for example, the indicator volume can be adapted to the storage location. The use of the storage attenuation is particularly expedient in practice, since this first allows adaptive and automatic measurement of the ambient volume for the purpose of optimally generating the indication volume,” De Vega Rodrigo [0008], “Furthermore, a loudspeaker LS can be attached to the reproduction unit WE, said loudspeaker audibly reproducing the indication signal Hat, such as an indication melody, in the indication volume HL,” De Vega Rodrigo [0025]).
Claim Rejections - 35 USC § 103
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) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over De Vega Rodrigo in view of Melman (US 2006/0072772 A1), hereinafter Melman.
Claim 10: De Vega Rodrigo discloses the communications device according to claim 1, but does not disclose further operative to capture the spoken utterances using the acoustic actuator. However, Melman discloses in regards to a similar loudspeaker, “Since the actuator acts as a two-way energy transducer, the loudspeaker may also be adapted to function as a microphone. When acting as a microphone, similar improvements in energy transfer to those for the loudspeaker, are achieved, compared to microphones without the actuator,” Melman [0009]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teachings of Melman in the invention of De Vega Rodrigo thereby capturing the spoken utterances using the acoustic actuator/loudspeaker “adapted to function as a microphone”, Melman [0009], with the additional advantage of “improvements in energy transfer,” Melman [0009].
Claim(s) 14 – 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over De Vega Rodrigo in view of Rodgers (US 10, 514,888 B1), hereinafter Rodgers.
Claim 14: De Vega Rodrigo discloses the communications device according to claim 11, further operative to maintain a list and identifying one or more speakers, De Vega Rodrigo discloses being “able to unambiguously identify a particular voice,” De Vega Rodrigo [0047] and the benefits of using a list, “If an attenuation value is assigned to the storage attenuation, wherein the attenuation value is characteristic for a storage location selected from a list, the user can easily select the storage location and thus the associated storage attenuation,” De Vega Rodrigo [0010]. De Vega Rodrigo does not disclose further operative to maintain a list of the one or more speakers of the previously captured spoken utterances and corresponding maximum amplitudes for the one or more speakers. Rodgers discloses a similar user-adaptive volume selection and further discloses to maintain a list of the one or more speakers of the previously captured spoken utterances and corresponding maximum amplitudes for the one or more speakers (see at least, “In an embodiment, the system trains the volume selection model based on live audio data (Operation 404). To train the volume selection model based on live audio, the system may
enter into a training or 'tutorial' mode, in which a user is asked to provide audio input that satisfies certain criteria. As one example, a virtual assistant in a smartphone includes a training mode, for training a volume selection model. The virtual assistant issues a series of prompts for a user to
provide audio input into a microphone. One prompt asks the user to speak in normal voice. Another prompt asks the user to whisper. Another prompt asks the user to yell. Based on each audio input supplied by the user, the virtual assistant trains the volume selection model to better recognize different
levels of voice loudness for that particular user,” Rodgers Column 12 Lines 15 – 29). It would have been obvious to one of ordinary skill in the art before the effective filing date fo the claimed invention to maintain a list as taught by De Vega Rodrigo of the training data as taught by Rodgers thereby meeting the claimed limitation of being operative to maintain a list of the one or more speakers of the previously captured spoken utterances and corresponding maximum amplitudes for the one or more speakers, thereby allowing for the advantage of user-adaptive volume control that offers a “volume selection model to better recognize different levels of voice loudness for that particular user,” Rodgers Column 12 Lines 16 – 29.
Claim 15: De Vega Rodrigo and Rodgers disclose the communications device according to claim 14, further operative to estimate the current acoustic damping based on captured spoken utterances by one of the one or more speakers of the previously captured spoken utterances (see at least, “In addition to the possibility that an attenuation value is assigned to the storage attenuation AD, wherein the attenuation value is characteristic for a storage location LUL selected from a list, it is also possible according to the method according to the invention to measure at least one storage attenuation AD individually. For this purpose, the device G has an attenuation measuring device DE. To carry out the measurement of the storage attenuation AD, a test tone is reproduced at a constant volume, for example by a second device, wherein the test tone is active only during a predeterminable measurement duration of the respective measurement. First, in a first measurement, a first ambient volume UL 1 is performed outside the storage location, such as at the user's ear. Next, in a second measurement, a second ambient volume HL 2 is measured, wherein the device G and thus also the attenuation measuring device DE are located in the location, such as e.g. in the briefcase. In a subsequent step, the attenuation due to the location is determined on the basis of the difference between the first and second ambient loudness UL 1, UL 2. For example, the retention loss AD is calculated from the subtraction of the second ambient volume UL 2 from the first ambient volume UL 1. Mathematically, this can be represented as: AD(dB)=UL2(dB) &ndashi; UL1(dB),” De Vega Rodrigo [0042], “In a possible extension of the method according to the invention, the storage loss AD can also be determined dynamically. If, for example, the attenuation measuring device DE is able to unambiguously identify a particular voice or even a particular noise, e.g. the voice of the user of the device G, a specific volume of this particular voice can be measured regularly. On the basis of statistical methods, such as a frequency distribution, for example, the attenuation measuring device DE can determine the specific volume for the following two cases and determine the preservation attenuation AD therefrom: • (a) The device G is not in a storage location, so that the specific volume exceeds a predefinable threshold value on average. • (b) The apparatus G is in a storage place so that the specific loudness is measured only in attenuation. The less this specific volume is measured, the greater the attenuation. The storage attenuation AD can thus be determined dynamically from the subtraction of the specific volume in the case that the device is not located in the location from the currently measured specific volume in the location of the device G,” De Vega Rodrigo [0047]).
Claim 16: De Vega Rodrigo and Rodgers disclose the communications device according to claim 15, further operative to: estimate the current acoustic damping based on captured spoken utterances by the user of the communications device (see at least, “In addition to the possibility that an attenuation value is assigned to the storage attenuation AD, wherein the attenuation value is characteristic for a storage location LUL selected from a list, it is also possible according to the method according to the invention to measure at least one storage attenuation AD individually. For this purpose, the device G has an attenuation measuring device DE. To carry out the measurement of the storage attenuation AD, a test tone is reproduced at a constant volume, for example by a second device, wherein the test tone is active only during a predeterminable measurement duration of the respective measurement. First, in a first measurement, a first ambient volume UL 1 is performed outside the storage location, such as at the user's ear. Next, in a second measurement, a second ambient volume HL 2 is measured, wherein the device G and thus also the attenuation measuring device DE are located in the location, such as e.g. in the briefcase. In a subsequent step, the attenuation due to the location is determined on the basis of the difference between the first and second ambient loudness UL 1, UL 2. For example, the retention loss AD is calculated from the subtraction of the second ambient volume UL 2 from the first ambient volume UL 1. Mathematically, this can be represented as: AD(dB)=UL2(dB) &ndashi; UL1(dB),” De Vega Rodrigo [0042], “In a possible extension of the method according to the invention, the storage loss AD can also be determined dynamically. If, for example, the attenuation measuring device DE is able to unambiguously identify a particular voice or even a particular noise, e.g. the voice of the user of the device G, a specific volume of this particular voice can be measured regularly. On the basis of statistical methods, such as a frequency distribution, for example, the attenuation measuring device DE can determine the specific volume for the following two cases and determine the preservation attenuation AD therefrom: • (a) The device G is not in a storage location, so that the specific volume exceeds a predefinable threshold value on average. • (b) The apparatus G is in a storage place so that the specific loudness is measured only in attenuation. The less this specific volume is measured, the greater the attenuation. The storage attenuation AD can thus be determined dynamically from the subtraction of the specific volume in the case that the device is not located in the location from the currently measured specific volume in the location of the device G,” De Vega Rodrigo [0047]), and under the condition that spoken utterances by the user of the communications device have not been captured for more than a threshold time interval, estimate the current acoustic damping based on captured spoken utterances by one of the one or more speakers of the previously captured spoken utterances other than the user (see at least, “In an embodiment, a system generates a baseline volume selection model (Operation 402). The baseline volume selection model represents an initial state of the volume selection model. In an embodiment, baseline volume selection model is obtained by training a volume selection model,
using training data, as described above,” Rodgers Column 12 Lines 10 – 15, “The server 112 may include a baseline volume selection model 114 that represents a baseline or out-of-the-box' configuration of a volume selection model,” Rodgers Column 4 Lines 62 – 64, out-of-the-box and therefore have not been captured for more than a threshold time interval.
Claim 17: De Vega Rodrigo and Rodgers disclose the communications device according to claim 16, further operative to determine the maximum amplitude of the previously captured spoken utterances based on spoken utterances captured during a voice call of the user using the communications device (see at least, “determined dynamically. If, for example, the attenuation measuring device DE is able to unambiguously identify a particular voice or even a particular noise, e.g. the voice of the user of the device G,” De Vega Rodrigo [0047], the device is a telephone “Mobile terminals, such as mobile telephones, make it possible, for example, to conduct a telephone call or even to be called at any desired location. Usually, a user of a mobile telephone is alerted to an incoming call with the aid of an alert signal. Furthermore, an imminent appointment can also be announced by the mobile terminal with the aid of the notification signal,” De Vega Rodrigo [0002], and “The dynamic determination of the storage attenuation takes place, for example, at prescribable time intervals, for example every minute,” [0048], and therefore the voice of the user would be dynamically determined during a call since it is understood that is when the user would be talking and the dynamic determination takes place every minute, thereby capturing voice during a call.
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over De Vega Rodrigo in view of Pasquero et al. (US 2011/0294470 A1), hereinafter Pasquero.
Claim 18: De Vega Rodrigo discloses the communications device according to claim 1, further operative to capture spoken utterances, and/or estimate the current acoustic damping, and/or adapt the acoustic notification signal (see at least, “In the method for generating an alert signal in a device, according to claim 1, an ambient volume is measured by a measuring unit, a correction volume is determined by a correction unit on the basis of the ambient volume and a storage attenuation characterizing by attenuation of an alert volume of the alert signal on the basis of a storage location of the device with respect to an environment, the alert volume of the alert signal is generated by an alert unit on the basis of the correction volume and an alert volume, and the alert signal is output by a reproduction unit in the form of at least one alert tone having the alert volume,” De Vega Rodrigo [0006], “Furthermore, the method according to the invention takes into account a damping which occurs due to the storage location of the device relative to the environment by the storage damping. This is particularly advantageous since, in the case of a low storage loss, such as a jacket bag, for example, and in the case of a high storage loss, such as in a backpack, for example, the indicator volume can be adapted to the storage location. The use of the storage attenuation is particularly expedient in practice, since this first allows adaptive and automatic measurement of the ambient volume for the purpose of optimally generating the indication volume,” De Vega Rodrigo [0008]), but does not disclose only if the communications device is stored in a storage location, covered, or separated from the user. However, Pasquero discloses a similar method and apparatus for detecting and amplifying notification signals and further teaches only if the communications device is stored in a storage location, covered, or separated from the user (see at least, “In another embodiment, the holster 1 may be provided with a Hall Effect sensor, or other mechanism, for detecting the presence of device 2 (step 30 in FIG. 7), such that monitoring of the device for notification only occurs when the device 2 is disposed within the holster 1 but not when the device is outside of the holster,” Pasquero [0034]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed intention to perform the steps of De Vega Rodrigo as taught by Pasquero thereby offering power savings when the steps are not performed.
Conclusion
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/JOSEPH SAUNDERS JR/Primary Examiner, Art Unit 2692
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