Obviousness

Obviousness Analysis of US Patent 10656906 Under 35 U.S.C. § 103

This analysis identifies combinations of prior art references that would render the claims of US patent 10656906 obvious to a person having ordinary skill in the art (PHOSITA). The primary independent claims are Claim 1 (system) and Claim 15 (method), which largely mirror each other in their core functionality.

Core System and Method for Sensing, Thresholding, and Altering Sounds

The most significant prior art reference for the core elements of US10656906 is United States Patent Publication No.: 2013/0294618 (referred to as '294,618).

The patent text of US10656906 explicitly describes '294,618 as pertaining to a system that includes:

• An audio control source.
• At least one cluster of at least one computing device, where each computing device includes a sound sensing mechanism to sense noise, and a wireless transceiver to transmit and receive data from the audio control source.
• At least one output device, including a power source, a speaker for outputting sound, and a communication mechanism for receiving electronic information from the audio control source.
• The audio control source, in electronic communication with the cluster and the output device, having a memory containing computer-executable instructions and a processor for executing them.
• These instructions include: identifying one or more sounds within the noise; isolating the one or more sounds; determining if one or more of the sounds includes a frequency outside of a predetermined threshold; if so, altering the one or more sounds so that the frequency does not fall outside of the predetermined threshold; and outputting the altered sounds on the at least one output device.

These listed features of '294,618 directly disclose nearly all the elements of independent Claim 1 and independent Claim 15 of US10656906, specifically covering the components of the system (audio control source, clusters, computing devices with sensors and transceivers, output devices with speakers) and the fundamental steps of the method (identifying, isolating, determining threshold breaches, altering, and outputting).

Obviousness Combination 1: US2013/0294618A1 + General Knowledge of Harmful Sound Exposure

Combination: US2013/0294618A1 (294,618) combined with the common general knowledge in the art regarding the dangers of hazardous sound levels and frequencies. This general knowledge is explicitly articulated within the background section of US10656906 itself.

Claims Rendered Obvious: This combination makes the core functionality of independent Claims 1 and 15 obvious, particularly when read in conjunction with dependent Claim 6 (system) and Claim 18 (method), which specify that "the predetermined threshold equates to a frequency determined to pose a risk of harm to a user's hearing capabilities."

Motivation to Combine: A person having ordinary skill in the art (PHOSITA) in audio management and safety would be well aware of the detrimental effects of excessive noise on human hearing, as highlighted in the background of US10656906. The patent states that "Loud noises can often lead to stress and hearing loss" and notes that "performance sound being broadcast above 110 dB, the range where the volume of sound begins to pose danger to human listeners." Given '294,618's teaching of a system and method that can detect if a sound's frequency is "outside of a predetermined threshold" and "alter[]" it accordingly, a PHOSITA would be clearly motivated to apply this existing technology to address the known problem of hazardous sound exposure. It would be an obvious application to set the "predetermined threshold" of '294,618 to correspond to sound levels or frequencies known to pose a risk of harm to human hearing, thereby using the system to autonomously mitigate potential injury.

Obviousness Combination 2: US2013/0294618A1 + US2011/0134278A1 + General Knowledge of Various Transducers

Combination: US2013/0294618A1 (294,618) combined with US2011/0134278A1 (278) and the general knowledge of various transducer types for sensing different frequency bands (as discussed in US10656906's description).

Claims Rendered Obvious: This combination makes dependent Claim 14 (system) obvious, which specifies that the system is "further configured to sense and/or analyze infra/ultra-sonic waves (e.g., mm waves), visible light (e.g. smart devices that have sensors that sense blue light from electronic screens and/or analyze and report prolonged exposure to the blue light) and radio waves." It also makes Claim 4 (system) and Claim 5 (system) obvious, relating to specific transducer types and the sensing of infrasonic/ultrasonic soundwaves.

Motivation to Combine:
A PHOSITA, starting with the sensing and control framework of '294,618 for audio, and seeking to broaden its environmental monitoring capabilities, would look to systems that integrate multiple types of sensors. US2011/0134278A1 explicitly teaches an "image/audio data sensing module" with "at least one image sensor, for sensing an image datum; a plurality of audio sensors, for sensing at least one audio datum; a processor, for processing the image datum and the audio datum... and combining the processed image data stream and the processed audio data stream." This demonstrates the concept of integrating diverse sensing modalities into a single electronic apparatus.

Furthermore, US10656906 itself highlights the need for and capability of sensing "infrasonic, ultrasonic, blue light and millimeter wave exposure and reporting" and broadly defines the invention as relating to "ultrasonic transducers, infrasonic transducers, electro-optical transducers, microwave transducers." The patent also includes tables (Tables 2 and 3) that show systems detecting and reporting millimeter-waves, infrasonic/ultrasonic waves, and light waves via specific transducers (e.g., mmWave transducer, ultrasonic, infrasonic or electro-optical transducer).

Therefore, a PHOSITA would be motivated to combine the cluster-based sensing and processing system of '294,618 with the multi-sensor integration concept from '278 and the readily available knowledge of various transducers. This would involve a straightforward substitution or addition of appropriate transducers (e.g., electro-optical for visible light/blue light, microwave for millimeter waves, and ultrasonic/infrasonic transducers for their respective wave types) into the computing devices of '294,618. The existing processing logic in '294,618 for detecting and altering frequencies outside a predetermined threshold could then be readily adapted to these new frequency bands, particularly for safety applications as suggested by the patent itself.

Obviousness of Other Dependent Claims

Many other dependent claims would be rendered obvious by combining US2013/0294618A1 with general knowledge in the art or other cited prior art:

• Claim 2 (System) and Claim 16 (Method) - Interfacing and Input Mechanism: '294,618 already mentions the system being "operated wirelessly" and "provid[ing] an interface" via the audio control source. Further, U.S. Pat. No. 8,452,432 teaches a system with a "graphic user interface that allows the user to select at different times" for real-time modification of musical compositions. It would be an obvious design choice for a PHOSITA to incorporate known interfacing and input mechanisms for controlling the system of '294,618.
• Claim 3 (System) and Claim 17 (Method) - Omnidirectional Transducer: The use of an omnidirectional transducer as a "sound sensing mechanism" is a conventional choice for capturing environmental sounds and is explicitly mentioned as suitable in US10656906's own description.
• Claim 7 (System) and Claim 19 (Method) - Notifying a User: Providing a notification upon detecting a condition (like a frequency outside a threshold) is a basic and well-known feature in control systems, for which a PHOSITA would be motivated to implement. US10656906 itself describes notification as an option if hazardous audio is detected.
• Claim 8 (System) and Claim 20 (Method) - Audible Notification: Given the system deals with audio, an audible notification is an obvious choice for user alerts, especially in an audio-centric system.
• Claim 9 (System) - In-Ear Device Auto-Adjustment: Combining the sensing and control of '294,618 with an in-ear device system for personalized audio. U.S. Pat. No. 5,668,884 teaches an "audio enhancement system" with portable units (e.g., stereo headphones) receiving wireless signals to produce "augmented sound." A PHOSITA would be motivated to integrate the real-time, cluster-based sensing and adjustment capabilities of '294,618 with such personalized audio devices to provide context-aware and automatically adjusted sound delivery, enhancing both audio quality and safety for the individual listener.
• Claim 10 (System) and Claim 21 (Method) - Panning: Panning (separating like frequencies) is a fundamental and well-known audio mixing technique, explicitly listed as a function in US10656906's description. A PHOSITA would routinely include such standard audio processing when "altering" sounds.
• Claim 11 (System) and Claim 22 (Method) - Adding Audio Effects: U.S. Pat. No. 8,452,432 explicitly teaches a system enhanced with "user selected digital sound effects including stuttering and filtering." Incorporating such known audio effects into the sound alteration process of '294,618 would be an obvious way to improve or modify the output sound quality.
• Claim 12 (System) and Claim 23 (Method) - Equalizing Sensed Noise: U.S. Pat. No. 7,991,171 teaches "processing an audio signal in multiple audio frequency bands" with "gain adjustment factor[s] for each audio frequency band," which describes equalization. Equalization is a standard audio processing technique for adjusting frequency balance, and its inclusion when "altering" sounds would be obvious to a PHOSITA.
• Claim 13 (System) and Claim 24 (Method) - Automatic Alteration: The description of "computer-executable instructions" in '294,618 for determining thresholds and altering sounds inherently implies automatic execution. US10656906 itself refers to "autonomous manipulation of audio outputs."

In summary, the claims of US10656906, particularly independent Claims 1 and 15, appear to be obvious over the explicit teachings of US2013/0294618A1 when combined with general knowledge in the art, especially regarding known safety concerns related to sound. Additional dependent claims are rendered obvious by combining '294,618 with other specific prior art references and/or standard engineering practices in audio processing and multi-sensor integration.