- Filed
- Nov 3, 2025
- Last modified
- Apr 6, 2026
- Petitioner
- Samsung Electronics Co., Ltd. et al.
- Inventor
- Levaughn Denton
Invalidity dossier
US 10656906
Multi-frequency sensing method and apparatus using mobile-based clusters
Current assignee: Unified Patents LLC
Added 5/12/2026, 11:41:06 PM
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Patent summary
Title, assignee, inventors, filing/issue dates, abstract, and a plain-language overview of the claims.
Here's a concise summary of US patent 10656906:
US Patent 10656906
- Title: Multi-frequency sensing method and apparatus using mobile-based clusters
- Assignee: Zophonos Inc.
- Inventors: Levaughn Denton
- Filing Date: 2019-05-23
- Issue Date: 2020-05-19
- Abstract: The patent describes systems and methods where smart devices sense various phenomena (like sound, blue light, RF, and microwave radiation) and, in real-time, analyze, report, and/or control outputs (such as displays or speakers). These systems are configurable, using standard computing devices (wearables, tablets, mobile phones) to measure different frequency bands across multiple points. This allows a user to visualize and adjust environmental conditions or detect and report hazardous signals.
Plain-Language Overview of Independent Claims:
Independent Claim 1 (System): This claim describes a system that uses an audio control source, at least one cluster of computing devices, and at least one output device.
- Computing devices: Each device in the cluster has a sound sensing mechanism (to detect noise) and a wireless transceiver (to send/receive data from the audio control source).
- Output devices: Each output device includes a power source, a speaker, and a communication mechanism to receive information from the audio control source.
- Audio control source: This central unit is electronically connected to both the clusters and the output devices. It has memory storing instructions and a processor to execute them. These instructions enable it to:
- Identify specific sounds within the detected noise.
- Isolate these identified sounds.
- Determine if any of these sounds have a frequency outside a predefined safe threshold.
- If a frequency is outside the threshold, automatically change that sound so its frequency no longer exceeds the threshold.
- Output the modified sounds through the output device(s).
Independent Claim 15 (Method): This claim describes a method for altering sensed noise before it is outputted, using the components described in Claim 1. The method involves:
- Providing the audio control source, the cluster(s) of computing devices (each with a sound sensing mechanism and wireless transceiver), and the output device(s) (each with a power source, speaker, and communication mechanism).
- The audio control source, with its memory and processor, executes instructions to:
- Identify one or more sounds within the sensed noise.
- Isolate these sounds.
- Determine if any of these sounds include a frequency outside a predetermined threshold.
- If a sound's frequency is outside the threshold, alter that sound so its frequency no longer falls outside the threshold.
- Output the modified sounds on the output device(s).
Litigation Information (from patent text):
The patent family is involved in litigation, including:
- A PTAB case: IPR2026-00083 (Not Instituted - Procedural).
- A US case filed in the Texas Eastern District Court: 2:25-cv-00752.
- The first worldwide family litigation has also been filed.
Generated 5/26/2026, 6:46:32 AM
Cases on file (2)
Group view →Specific litigation cases in our database that name US patent 10656906. The free-form analysis below may also discuss cases beyond this list.
- IPR2026-00083Patent Trial and Appeal Board (PTAB)Not Instituted - Procedural
Defendants: Zophonos Inc.
- 2:25-cv-00752Texas Eastern District Courtongoing
Litigation summary
Past and pending lawsuits — plaintiffs, defendants, jurisdictions, outcomes, and notable rulings.
Unified Patents reports the following litigation involving US Patent 10,656,906:
Case Number: IPR2026-00083 [cite: Unified Patents has a listing for IPR2026-00083 filed (Not Instituted - Procedural) regarding US10656906B2, and also refers to US case filed in Texas Eastern District Court (case number 2:25-cv-00752). 1]
- Plaintiff(s): Unified Patents LLC [cite: Unified Patents has a listing for IPR2026-00083 filed (Not Instituted - Procedural) regarding US10656906B2, and also refers to US case filed in Texas Eastern District Court (case number 2:25-cv-00752). 1]
- Defendant(s): Zophonos Inc. (implied patent owner)
- Jurisdiction: Patent Trial and Appeal Board (PTAB) [cite: Unified Patents has a listing for IPR2026-00083 filed (Not Instituted - Procedural) regarding US10656906B2, and also refers to US case filed in Texas Eastern District Court (case number 2:25-cv-00752). 1]
- Filing Date: Not explicitly stated for IPR2026-00083, but the "Priority date" for the patent is 2014-09-23, and the "Application filed by Zophonos Inc" is 2019-05-23. The IPR case itself is listed as IPR2026-00083, indicating a filing year of 2026.
- Outcome/Current Status: Not Instituted - Procedural [cite: Unified Patents has a listing for IPR2026-00083 filed (Not Instituted - Procedural) regarding US10656906B2, and also refers to US case filed in Texas Eastern District Court (case number 2:25-cv-00752). 1]
Case Number: 2:25-cv-00752 [cite: Unified Patents has a listing for IPR2026-00083 filed (Not Instituted - Procedural) regarding US10656906B2, and also refers to US case filed in Texas Eastern District Court (case number 2:25-cv-00752). 1]
- Plaintiff(s): Not explicitly stated by Unified Patents, but Zophonos Inc. is the current assignee of the patent.
- Defendant(s): Not explicitly stated by Unified Patents, but Zophonos Inc. is the current assignee of the patent.
- Jurisdiction: Texas Eastern District Court [cite: Unified Patents has a listing for IPR2026-00083 filed (Not Instituted - Procedural) regarding US10656906B2, and also refers to US case filed in Texas Eastern District Court (case number 2:25-cv-00752). 1]
- Filing Date: Not explicitly stated, but the case number 2:25-cv-00752 suggests a filing year of 2025.
- Outcome/Current Status: Litigation is ongoing, marked as "Critical". [cite: Unified Patents has a listing for IPR2026-00083 filed (Not Instituted - Procedural) regarding US10656906B2, and also refers to US case filed in Texas Eastern District Court (case number 2:25-cv-00752). 1]
Generated 5/26/2026, 6:46:33 AM
Proceedings on file (1)
All PTAB activity →AIA trial proceedings (IPR / PGR / CBM) filed at the USPTO Patent Trial and Appeal Board against this patent. Sourced from the USPTO Open Data Portal and refreshed every six hours; each proceeding number deep-links to the PTAB E2E docket.
Current assignee: Unified Patents LLC
PTAB challenges
AIA trial proceedings at the USPTO Patent Trial and Appeal Board — IPR, PGR, and CBM. Petitioners, judge panels, claim-level invalidation outcomes from Final Written Decisions, and Federal Circuit appeals. The single most important defensive datapoint after litigation history.
Proceedings overview
One AIA trial proceeding has been filed against US patent 10656906. The proceeding is currently in a "Discretionary Denial" status, indicating that institution was denied. This means all claims of the patent remain intact, presenting a hardened defensive posture for a defendant.
IPR2026-00083 — [[[Samsung Electronics Co.](/litigations/by-defendant/Samsung%20Electronics%20Co.), Ltd.](/litigations/by-plaintiff/Samsung%20Electronics%20Co.%2C%20Ltd.) et al.](/litigations/by-plaintiff/Samsung%20Electronics%20Co.%2C%20Ltd.%20et%20al.) v. Levaughn Denton
- Type: Inter Partes Review
- Filed: 2025-11-03
- Status: Discretionary Denial — the Patent Trial and Appeal Board declined to institute the inter partes review.
- Judge panel: Not publicly available in the provided information.
- Petition grounds: Not publicly available in the provided information.
- Institution decision: Denied (2026-04-06) — The status indicates a discretionary denial.
- Final Written Decision: Not applicable as institution was denied.
- Settlement / termination: Not applicable as institution was denied.
- Appeal: Not applicable as institution was denied.
- Defensive value: The patent owner successfully defended against this IPR petition, resulting in a discretionary denial of institution. This means all claims of US10656906 remain unchallenged through this proceeding, making an IPR-based defense on the same grounds more challenging for future petitioners due to potential estoppel arguments.
Strategic summary
All claims of US10656906 are currently SUSTAINED and UNTESTED by a Final Written Decision, as the single IPR filed, IPR2026-00083, was denied institution on discretionary grounds. This means the patent has not been narrowed through PTAB proceedings.
Regarding the estoppel landscape, Samsung Electronics Co., Ltd. et al. (and their privies) are likely barred by § 315(e)(2) from raising any ground they raised or reasonably could have raised in IPR2026-00083. For other potential defendants, all prior-art grounds remain available as there has been no institution or final written decision on the merits of the patentability challenges. The absence of an instituted IPR means the patent claims have not been formally adjudicated for patentability against prior art by the PTAB.
The filing of IPR2026-00083 by Samsung Electronics Co., Ltd. et al. indicates that at least one entity found the patent to be of sufficient concern to warrant a challenge. However, the discretionary denial suggests that the petition itself may have had procedural or substantive weaknesses that led the Board to decline review, rather than a full affirmation of the patent's merits.
Recommended next steps
As a defendant, it is important to understand the specific reasons for the discretionary denial of IPR2026-00083. While the detailed reasoning is not available in the provided information, obtaining the institution decision for IPR2026-00083 from the USPTO PTAB Decisions portal would be a critical first step to understand the Board's rationale and identify any potential weaknesses in the petition that could be avoided in a new challenge.
Generated 5/26/2026, 6:46:34 AM
Ownership chain (2)
Asserters network →Structured records extracted from the assignment-history narrative below. Each entity links to its full ownership-network profile.
2019-12-30 · reel 051025/0795 · Assignment of Assignors Interest
Correspondent: Andrew D. Miller and Michael D. Henry · MILLER, ELWOOD, AND MICHAEL D. HENRY
Transfer of inventor's interest to the original assignee
2020-10-14 · reel 053703/0061 · Assignment of Assignors Interest
Correspondent: Andrew D. Miller and Michael D. Henry · MILLER, ELWOOD, AND MICHAEL D. HENRY
Further transfer of inventor's interest to the original assignee
Assignment history
Inventors, original assignee, and the chain of ownership recorded with the USPTO — including the correspondent attorney who recorded each assignment, since shell-LLC chains often share one repeat-player attorney even when the entity names look unrelated. Surfaces NPE / patent-troll patterns: shell-entity transfers, known asserters in the chain, repeat correspondent fingerprints, pre-litigation assignments, and bankruptcy fire-sales.
Inventors
- Levaughn Denton (Zophonos Inc.)
Original assignee
Zophonos Inc. is the original assignee. It is unclear from the patent text or general knowledge whether Zophonos Inc. ships a product embodying the claims. The company's primary line of business appears to be related to audio manipulation and sound management systems. Its current status (operating, acquired, dissolved, in bankruptcy) is not readily determinable from the provided patent text.
Assignment timeline
To reconstruct the full assignment record, I will search the USPTO Assignment Center.
2019-12-30 (executed) / recorded 2019-12-30 — Reel 051025/0795
- Conveyance: Assignment of Assignors Interest
- Assignor: DENTON, Levaughn
- Assignee: ZOPHONOS INC.
- Correspondent: MILLER, Andrew D. and Henry, Michael D. (MILLER, ELWOOD, P.C. AND MICHAEL D. HENRY), 1545 NW 102 Place, Miami, FL, 33172. This correspondent appears to represent Zophonos Inc. for initial assignments.
- Context: Transfer of inventor's interest to the original assignee.
2020-10-14 (executed) / recorded 2020-10-14 — Reel 053703/0061
- Conveyance: Assignment of Assignors Interest
- Assignor: DENTON, Levaughn
- Assignee: ZOPHONOS INC.
- Correspondent: MILLER, Andrew D. and Henry, Michael D. (MILLER, ELWOOD, P.C. AND MICHAEL D. HENRY), 1545 NW 102 Place, Miami, FL, 33172. This correspondent previously appeared in this chain.
- Context: Further transfer of inventor's interest to the original assignee.
Timeline diagram
timeline
title Ownership of US 10656906
2019 : Inventor assigned to Zophonos Inc
2020 : Issued
: Inventor further assigned to Zophonos Inc
2025 : Litigation filed (Samsung)
NPE / troll-pattern signals
Shell-entity transfer — unclear. While Zophonos Inc. describes a platform and technology without explicitly listing products for sale on its website, implying it might be primarily a licensing entity, there is no direct evidence of a transfer to an entity specifically named with "IP / Patents / Licensing / Holdings / Ventures" or having a registered-agent address as its sole physical presence. Zophonos is described as a "Developer of wearable and smart device technology" and "IP-centric company". However, Google Patents notes litigation activity, with Zophonos Inc. suing Samsung in 2025 over earbud technology. This suggests assertion activity.
Known asserter in the chain — not present. Zophonos Inc. does not appear on common public NPE lists (Acacia Research Corp, Marathon Patent Group, Intellectual Ventures, IPNav, Wi-LAN, Mosaid / Conversant, Vringo, Pendrell, Innovatio IP Ventures, MPHJ Technology, Lumen View Technology, Round Rock Research, Document Generation Corp, Erich Spangenberg entities). However, RPX has reported on Zophonos Inc.'s litigation against Samsung.
Repeat correspondent across the chain — present. Andrew D. Miller and Michael D. Henry (MILLER, ELWOOD, P.C. AND MICHAEL D. HENRY) appear as correspondents for both recorded assignments (Reel 051025/0795 and Reel 053703/0061). This firm handled both inventor assignments to Zophonos Inc.
Cascading transfers — not present. There are only two assignments, both from the inventor to the original assignee, not consecutive assignments through chained LLCs.
Pre-litigation transfer — not present. The assignments from the inventor to Zophonos Inc. occurred in 2019 and 2020 (Reel 051025/0795, Reel 053703/0061), while the patent issued in May 2020. The first litigation identified in the provided information was filed in August 2025, well outside the 6-month window.
Bankruptcy fire-sale — not present. There is no indication that Zophonos Inc. has filed for bankruptcy.
Privateering — unclear. While McGovern Capital states it "is a part owner in several global patent rights governing audio technology" and "one of two owners" of Zophonos, and Zophonos itself is described as an "IP-centric company" with a platform for personalizing and adjusting sound but no product for sale on its website, this does not conclusively prove privateering. It indicates a strong focus on IP and potential licensing or assertion, but not necessarily on behalf of an operating company.
Defensive aggregator (anti-NPE) — not present. The chain does not terminate at a known defensive aggregator.
Verdict
NPE — moderate confidence. While Zophonos Inc. is the original assignee and appears to be an active company with a stated focus on technology development, several signals point towards NPE activity. The company's website describes a platform but does not clearly identify a product for sale, and an app connected to the company states "DOWNLOAD COMING SOON". Additionally, Zophonos Inc. has initiated patent litigation against Samsung over earbud technology in 2025. The repeated use of the same correspondent for inventor assignments (Reel 051025/0795 and Reel 053703/0061) is a minor signal. The lack of clear product sales combined with active assertion activity strongly suggests a primary business model centered on patent licensing and enforcement.
Verification: https://assignmentcenter.uspto.gov/
Generated 5/26/2026, 6:46:45 AM
Prior art
Earlier patents, publications, and products that may anticipate or render the claims unpatentable.
To identify the most relevant prior art for US patent 10656906, I will examine the "Prior art" section of the patent itself, as well as the citations listed in the patent. The patent document itself provides a good starting point for understanding what the inventors considered relevant at the time of filing.
Based on the full patent text provided, here are the cited prior art references that are most relevant to the claims of US patent 10656906, along with a brief description and potential anticipation points. The analysis focuses on how these references relate to the independent claims (Claim 1 and Claim 15) of US10656906, which generally describe a system and method for sensing noise, identifying sounds, determining if frequencies are outside a predetermined threshold, altering those sounds, and outputting them.
Most Relevant Prior Art for US10656906:
U.S. Pat. No. 5,668,884
- Full Citation: U.S. Pat. No. 5,668,884, "Audio enhancement system and method of use with a sound system for producing primary sound from at least one main loudspeaker located at a main position."
- Publication/Filing Date: Not explicitly stated as filing or publication, but listed as "U.S. Pat. No. 5,668,884".
- Brief Description: This patent describes an audio enhancement system with at least one wireless transmitter, time delay circuitry, and plural augmented sound-producing subsystems. Each subsystem is a portable unit with a wireless receiver and a transducer (e.g., headphones) carried by a person. The transmitter broadcasts a signal representing the input to the main loudspeaker. The receiver demodulates and amplifies this to drive the transducer, producing augmented sound synchronized with the main loudspeaker, with time delay circuitry to account for propagation time.
- Potential Anticipation (35 U.S.C. § 102): This patent relates to distributed sound systems and individual listener experience. It could potentially anticipate aspects of Claim 1 and Claim 15 related to:
- The use of multiple "sound-producing subsystems" (portable units with transducers) that could be considered analogous to "at least one cluster of at least one computing device" with "sound sensing mechanism" and "wireless transceiver," especially if those transducers also have sensing capabilities.
- The idea of adjusting sound delivery based on listener location or conditions, even if its primary mechanism is time delay for synchronization rather than frequency alteration.
- The concept of a "wireless transceiver" for receiving data from a central source (the transmitter broadcasting the electrical signal).
U.S. Pat. No. 7,991,171
- Full Citation: U.S. Pat. No. 7,991,171, "Method and apparatus for processing an audio signal in multiple audio frequency bands while minimizing undesirable changes in tonal qualities of the audio signal."
- Publication/Filing Date: Not explicitly stated as filing or publication, but listed as "U.S. Pat. No. 7,991,171".
- Brief Description: This patent details a method and apparatus for processing audio signals across multiple frequency bands. It determines initial gain adjustment factors for each band and selects a final gain adjustment factor from weighted or unweighted initial factors. The initial factors for a specified band are derived from other bands with harmonic frequencies, aiming to decrease relative changes in volume between a fundamental frequency and its harmonics.
- Potential Anticipation (35 U.S.C. § 102): This patent is highly relevant to the "altering... sounds so that the frequency does not fall outside of a predetermined threshold" aspect of Claim 1 and Claim 15. Specifically, it directly addresses:
- Processing audio signals in "multiple audio frequency bands."
- Adjusting gain factors, which directly impacts sound alteration.
- Minimizing undesirable changes, which aligns with the goal of improving audio quality by altering hazardous frequencies.
U.S. Pat. No. 8,315,398
- Full Citation: U.S. Pat. No. 8,315,398, "Method of adjusting a loudness of an audio signal."
- Publication/Filing Date: Not explicitly stated as filing or publication, but listed as "U.S. Pat. No. 8,315,398".
- Brief Description: This patent describes a method for adjusting audio signal loudness. It involves receiving an electronic audio signal, processing at least one channel to determine loudness (potentially using filters approximating human hearing), computing a gain to maintain substantially constant loudness, and applying that gain to the signal.
- Potential Anticipation (35 U.S.C. § 102): This patent directly addresses aspects of audio signal processing relevant to Claim 1 and Claim 15, particularly:
- Receiving and processing an "electronic audio signal" to determine "loudness," which is related to "sensing a noise" and "identifying one or more sounds within the noise."
- Computing and applying "at least one gain" to "cause a loudness of the audio signal to remain substantially constant," which is a form of "altering the one or more sounds" to manage specific audio characteristics. The predetermined threshold in US10656906 could be related to a desired constant loudness or a hazardous loudness level.
U.S. Pat. No. 8,594,319
- Full Citation: U.S. Pat. No. 8,594,319, "Methods and apparatuses for adjusting audio content when more multiple audio objects are directed toward a single audio output device."
- Publication/Filing Date: Not explicitly stated as filing or publication, but listed as "U.S. Pat. No. 8,594,319".
- Brief Description: This patent describes methods and apparatuses for adjusting audio content when multiple audio objects are directed to a single output device. It allows for adjusting amplitude, white noise content, and frequencies to enhance overall sound quality or make certain audio objects more intelligible. Audio objects are classified and ranked for class-specific processing and priority.
- Potential Anticipation (35 U.S.C. § 102): This patent is highly relevant to the core functionality of Claim 1 and Claim 15 regarding identifying, isolating, and altering sounds. It explicitly mentions:
- "Adjusting audio content" including "amplitude, white noise content, and frequencies." This directly corresponds to "altering the one or more sounds so that the frequency does not fall outside of the predetermined threshold."
- "Enhance overall sound quality or make content of certain audio objects more intelligible," which aligns with the implicit goal of US10656906's alteration for safety or quality.
- The classification and ranking of "audio objects" can be seen as a more sophisticated form of "identifying one or more sounds within the noise" and "isolating the one or more sounds."
United States Patent Publication No.: 2013/0294618
- Full Citation: United States Patent Publication No.: 2013/0294618, "Method and devices of sound volume management and control in the attended areas."
- Publication/Filing Date: Not explicitly stated as filing or publication, but listed as "United States Patent Publication No.: 2013/0294618".
- Brief Description: This publication describes a sound reproducing system for volume management and control in attended areas. It includes a sounding mode appointment device, a central station for audio signal transmittance, peripheral stations for reception and playback, a listener's location recognition appliance, and a computing device for calculating sounding parameters and controlling system tuning. The system can operate wirelessly and form a local network.
- Potential Anticipation (35 U.S.C. § 102): This publication presents a system with strong similarities to the overall architecture of US10656906. It could potentially anticipate aspects of Claim 1 and Claim 15 related to:
- A "sound reproducing system" with a "central station for audio signal transmittance" and "peripheral stations for audio signal reception and playback" directly parallels the "audio control source" and "at least one output device" in US10656906.
- The "appliance for listener's location recognition" and "computing device for performing calculation concerning sounding parameters at the points of each listener's location" relates closely to the "at least one cluster of at least one computing device" with a "sound sensing mechanism" and the audio control source's ability to "vary an output of the at least one output device."
- The ability to "operate wirelessly and can compose a local network" supports the wireless communication aspects of US10656906.
- While not explicitly stating "frequency outside a predetermined threshold" or "altering sounds," a "computing device for performing calculation of controlling parameters for system tuning" suggests the capability to adjust sound based on sensed conditions.
It's important to note that a full anticipation analysis would require a detailed claim-by-claim comparison and expert opinion on what each prior art reference inherently discloses or makes obvious. This analysis highlights the potential for anticipation based on the provided descriptions and the core elements of US10656906's independent claims.
Generated 5/26/2026, 6:46:47 AM
Obviousness
Combinations of prior art that suggest the claimed invention would have been obvious under 35 U.S.C. § 103.
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.
Generated 5/26/2026, 6:47:34 AM
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This patent in court (2)
2 tracked lawsuits name US 10656906.