Prosecution Insights
Last updated: April 19, 2026
Application No. 18/239,382

SECURE AUDIO TRANSMISSION EQUALIZATION USING UNIQUE IDENTIFIERS

Final Rejection §103
Filed
Aug 29, 2023
Examiner
CADEAU, WEDNEL
Art Unit
2632
Tech Center
2600 — Communications
Assignee
Lisnr Inc.
OA Round
2 (Final)
72%
Grant Probability
Favorable
3-4
OA Rounds
2y 9m
To Grant
91%
With Interview

Examiner Intelligence

Grants 72% — above average
72%
Career Allow Rate
381 granted / 532 resolved
+9.6% vs TC avg
Strong +20% interview lift
Without
With
+19.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
42 currently pending
Career history
574
Total Applications
across all art units

Statute-Specific Performance

§101
2.5%
-37.5% vs TC avg
§103
75.6%
+35.6% vs TC avg
§102
3.5%
-36.5% vs TC avg
§112
16.5%
-23.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 532 resolved cases

Office Action

§103
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 . Prior arts cited in this office action: Mendel et al. (US 20210225382 A1, hereinafter “Mendel”) Niu et al. (US 20090092039 A1, hereinafter “Niu”) Montemurro (US 20100313020 A1, hereinafter “Montemurro”) Surprenant et al. (US 20120134238 A1, hereinafter “Surprenant”) 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. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. Claims 1-12, 15-17, 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Mendel et al. (US 20210225382 A1, hereinafter “Mendel”) in view of Niu et al. (US 20090092039 A1, hereinafter “Niu”) and in view of Surprenant et al. (US 20120134238 A1, hereinafter “Surprenant”). Regarding claim 1: Mendel teaches a method (Mendel [0002], where Mendel teaches an innovative methods and systems for detecting and combining audio transmissions that contain data) comprising: receiving data for transmission; receiving, from a server, an identifier corresponding to the data (Mendel [0002]- [0007], and [0043], figs. 2 and 7, where Mendel teaches the header 206 may include routing information for a final destination of the data (e.g., a server external to the computing device receiving the audio transmission 200). The header 206 may also indicate an originating source of the data (e.g., an identifier of the computing device transmitting the audio transmission 200 and/or a user associated with the computing device transmitting the audio transmission 200)); encoding the data to form a payload (Mendel [0002]- [0007], and [0043], figs. 2 and 7, where Mendel teaches the preamble 202 and the payload 204 may be modulated to form the audio transmission 200 using similar encoding strategies (e.g., similar encoding frequencies and/or phase differences). combining the header and the payload to form an audio transmission (Mendel [0041, figs. 2 and 7, where Mendel teaches combining the preamble, header and packet (payload) to form and audio transmission to be transmitted within and audio environment); and transmitting the audio transmission as an audio signal within an audio environment (Mendel [0041, [0044], figs. 2 and 7, where Mendel teaches combining the preamble, header and packet (payload) to form and audio transmission to be transmitted within and audio environment; a receiver of the computing device receiving audio transmissions such as the audio transmission 200 may also receive other types of audio data (e.g., audio data from environmental noises and/or audio interference)). Mendel fails to explicitly teach generating a training sequence based on the identifier to; combining the training sequence and the payload to form an audio transmission. Wherein the identifier is configured to secure the audio transmission. However, Mendel teaches “The preamble 202 may therefore be configured to identify audio data corresponding to the audio transmission 200 when received by the receiver of the computing device. In particular, the computing device may be configured to analyze incoming audio data from the receiver and to disregard audio data that does not include the preamble 202. Upon detecting the preamble 202, the computing device may begin receiving and processing the audio transmission 200. The preamble may also be used to align processing of the audio transmission 200 with the symbols 1-24 of the audio transmission 200. In particular, by indicating the beginning of the audio transmission 200, the preamble 202 may enable the computing device receiving the audio transmission 200 to properly align its processing of the audio transmission with the symbols 1-24.”. in other words, the preamble can be served as a training sequence such that the audio processing can be aligned (Mendel [0042]- [0043], fig. 2). Nevertheless, Niu teaches Appending a preamble may include appending a preamble to the payload unit to generate a data unit frame, wherein the preamble includes a MAC header, a training sequence, and a PHY header for the data unit frame, and transmitting at least the preamble of the data unit frame over a wireless channel. The training sequence is useful for synchronization and channel estimation (Niu [0006]- [0007]). Surprenant further teaches an audio communication system wherein for an embodiment specific to secure data transfer, the system may adjust a level of the signal stored in the buffer for an intended application, e.g., to prevent unintended demodulators from receiving the signal. Alternatively this may be accomplished by setting a volume of the transmit device 101 to a desired level. For instance, to ensure the data transmission is received only within a 10 cm range, the level output from the speaker may be set to 10% of maximum. Thus, the level of the source digital may be adjusted, In one aspect of exemplary embodiment, the modulated acoustic carrier signal 111 may include a locking segment 400, a mark segment 402, and a data segment 404. The locking segment 400 enables the acoustic communication demodulation component 124 or decoder in the receive device 102 to determine the receiving signal frequencies. The locking segment 400 allows the receive device 103 to ignore irrelevant signals in the same audio band as well as equalize its frequency detection channels. It is here also where the receiving signal frequencies may be determined. In one embodiment, the locking segment may include approximately 30 transitions of mark to space. level matching is performed to dynamically equalize the modulated acoustic carrier signal to remove mismatched attenuation of one signaling frequency versus another (Step 922). The equalization is performed aggressively during the locking phase of data acquisition and then is further adjusted during subsequent phases of bit reconstruction 908. (Surprenant [0044]. [0048]-[0051], [0108], [0114], figs. 3-4, and 13). Therefore, taking the teachings of Mendel, Niu and Surprenant as a whole, it would have been obvious to one of ordinary skill in the art before the effective filing date of the application to encode the identifier to identify whether the audio belong to the receiver and whether it should be processed by the receiver of not and to form a training sequence that can be used for channel estimation, synchronization information and equalization (Niu [0002]). Regarding claim 2: Mendel in view of Niu and in view of Surprenant teaches further comprising, creating a header that contains the training sequence and header information, and encoding the header (Mendel [0041]- [0044], figs. 2 and 7; Niu [0006]- [0007], figs. 1, 3 and 4). Regarding claim 3: Mendel in view of Niu t and in view of Surprenant teaches wherein the header further includes an error correction code for the training sequence and the header information (Niu [0024]- [0029], figs. 1, 3 and 4). Regarding claim 4: Mendel in view of Niu and in view of Surprenant teaches wherein the header is encoded such that properly decoding the payload requires the identifier (Mendel [0041]- [0044], figs. 2 and 7; Niu [0006]- [0007], figs. 1, 3 and 4). Regarding claim 5: Mendel in view of Niu and in view of Surprenant teaches wherein the header information includes payload information necessary to accurately decode portions of the audio signal containing the payload (Mendel [0041]- [0044], figs. 2 and 7; Niu [0006]- [0007], [0022]- [0024], figs. 1, 3 and 4). Regarding claim 6: Mendel in view of Niu and in view of Surprenant teaches wherein the header information includes a payload length for the payload within the audio transmission (Niu [0022]- [0024]). Regarding claim 7: Mendel in view of Niu and in view of Surprenant teaches wherein the training sequence is used by a receiving computing device to equalize a received audio transmission to identify and extract data contained in the payload (Mendel [0041]- [0044], figs. 2 and 7; Niu [0002], [0006]- [0007], figs. 1, 3 and 4). Regarding claim 8: Mendel in view of Niu and in view of Surprenant teaches wherein the training sequence identifies the audio transmission within an audio environment (Mendel [0041]-[0044], figs. 2 and 7; Niu [0006]-[0007], [0022]-[0024], figs. 1, 3 and 4 ). Regarding claim 9: Mendel in view of Niu and in view of Surprenant teaches wherein at least one of the data and the identifier are encoded with a corresponding code (Mendel [0041]-[0044], figs. 2 and 7; Niu [0006]-[0007], [0022]-[0024], figs. 1, 3 and 4 ). Regarding claim 10: Mendel in view of Niu and in view of Surprenant teaches wherein the corresponding code is a convolution code (Mendel [0041]-[0044], figs. 2 and 7; Niu [0006]-[0007], [0022]-[0024], figs. 1, 3 and 4 ). Regarding claim 11: Mendel in view of Niu and in view of Surprenant teaches wherein corresponding code is a 2/3 convolution code (Mendel [0041]-[0044], figs. 2 and 7; Niu [0006]-[0007], [0022]-[0024], figs. 1, 3 and 4 where 2/3 could be and obvious option based on its properties and benefits ). Regarding claim 12: Mendel in view of Niu and in view of Surprenant teaches wherein encoding the data comprises determining an error correction code for the data, and wherein both the data and the error correction code are encoded (Mendel [0041]-[0044], figs. 2 and 7; Niu [0006]-[0007], [0022]-[0024], figs. 1, 3 and 4 ). Regarding clams 15 and 19: Mendel in view of Niu and in view of Surprenant teaches A method comprising: Receiving from an identifier; detecting an audio transmission within a received audio signal; identifying a received training sequence within the audio transmission; equalizing the audio transmission based on the received training sequence and the identifier to form an equalized audio transmission; decoding at least a first portion of an equalized training sequence of the equalized training sequence; and decoding a payload of the equalized audio transmission based on the decoded first portion. This claim is the receiver corresponding to the transmitter in figure 1 and is therefore rejected on the same grounds as claim 1 since the cited prior arts references teach also corresponding receiver for receiving the transmitted audio signal within the audio environment by performing training sequence detection equalization, synchronization and decoding to recover the transmitted data (Mendel [0041]-[0044], [0054], figs. 2 and 7; Niu [0002]-[0003], [0006]-[0007], [0022]-[0024], figs. 1, 3 and 4; (Surprenant [0044]. [0048]-[0051], [0108], [0114], figs. 3-4, and 13 ). Regarding claim 16: Mendel in view of Niu in view of Surprenant teaches wherein equalizing the audio transmission comprises: comparing the expected training sequence to the received training sequence; and equalizing the audio transmission based on differences between symbols of the expected training sequence and the received training sequence (Mendel [0054], [0071]; Niu [0024]-[0029], figs. 1, 3 and 4; Surprenant [0044]. [0048]-[0051], [0108], [0114], figs. 3-4, and 13, known sequence, known level, wherein the comparison is performed based on the expected sequence which the receiver has. In order words, generated to be similar to the received sequence which depends on the identifier as well). Regarding claim 17: Mendel in view of Niu and in view of Suprenenant teaches wherein generating the expected training sequence comprises encoding the identifier according to a corresponding code and extracting a portion of the encoded identifier (Mendel [0054], [0071]; Niu [0024]-[0029], figs. 1, 3 and 4; Surprenant [0044]. [0048]-[0051], [0108], [0114], figs. 3-4, and 13, known sequence, known level). Regarding claim 19: Mendel in view of Niu and in view of Surprenant teaches further comprising generating an audio signal based on the extracted portion of the encoded predetermined identifier to serve as the expected training sequence (Mendel [0054], [0071]; Niu [0024]-[0029], figs. 1, 3 and 4; Surprenant [0044]. [0048]-[0051], [0108], [0114], figs. 3-4, and 13, known sequence, known level). Claims 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over Mendel et al. (US 20210225382 A1, hereinafter “Mendel”) in view of Niu et al. (US 20090092039 A1, hereinafter “Niu”) in view of Surprenant et al. (US 20120134238 A1, hereinafter “Surprenant”) and in view of Montemurro (US 20100313020 A1, hereinafter “Montemurro”). Regarding claim 13: Mendel in view of Niu in view of Surprenant fails to explicitly teach wherein the data corresponds to a request transmitted from a computing device over a network connection to a server, and wherein the server responds to the request with the identifier. However, the combination teaches the system is part of a network with multiple transmitters and receivers communicating with each other. The transmitters transmit signal to the receiver and the receiver can respond accordingly. At least some hand shaking is performed (Mendel [0034]; Surprenant [0044],[0085]). Furthermore, Montemurro teaches This technique involves the steps of receiving, from the mobile terminal, a request for neighboring network information; producing, in response to receiving the request, a corresponding request for the neighboring network information in accordance with a remote access dial-in user server (RADIUS) compatible protocol; sending the corresponding request to an information server (e.g. an authentication, authorization, and accounting (AAA) server) of a core network of a public land mobile network (PLMN) associated with the mobile terminal; receiving, from the information server, in response to the corresponding request, the neighboring network information in accordance with the RADIUS compatible protocol; and sending, in response to the request, the neighboring network information to the mobile terminal. The request/response for the neighboring network information may be an IEEE 802.21 information request/response. If the radio access network is a WLAN adapted in accordance with IEEE 802.11, the request/response may be communicated in accordance with IEEE 802.11u (e.g. generic access service or GAS) or an extensible authentication protocol (EAP). If the radio access network is a WiMAX network adapted in accordance with IEEE 802.16, the request/response may be communicated in accordance with IEEE 802.16g. Another illustrative technique is employed in the information server of the core network of the PLMN and involves receiving, from the radio access network, a request for neighboring network information in accordance with the RADIUS compatible protocol; retrieving, in response to receiving the request, neighboring network information corresponding to an indication provided in the request; and sending, to the network access server, in response to receiving the request, the retrieved neighboring network information in accordance with the RADIUS compatible protocol (Montemurro Abstract, [0017]-[0018], [0021]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the application to transmit the audio signal to the server or other mobile devices based on a request received from the server or the corresponding mobile device to perform some financial transaction such as mobile banking, etc., in order to make sure that the information and the action taking is secure and only people and system authorized to view the information are able to access it Regarding claim 14: Mendel in view of Niu, in view of Surprenant and in view of Montemurro teaches wherein the request includes at least one of a service request and a request to process a financial transaction (Montemurro Abstract, [0017]-[0018], [0021]). Conclusion Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to WEDNEL CADEAU whose telephone number is (571)270-7843. The examiner can normally be reached Mon-Fri 9:00-5:00. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chieh Fan can be reached at 571-272-3042. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /WEDNEL CADEAU/Primary Examiner, Art Unit 2632 January 14, 2026
Read full office action

Prosecution Timeline

Aug 29, 2023
Application Filed
Aug 07, 2025
Non-Final Rejection — §103
Nov 11, 2025
Response Filed
Jan 15, 2026
Final Rejection — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12586241
POSITION DETERMINATION METHOD, DEVICE, AND SYSTEM, AND COMPUTER-READABLE STORAGE MEDIUM
2y 5m to grant Granted Mar 24, 2026
Patent 12573052
METHOD AND APPARATUS FOR IMAGE SEGMENTATION
2y 5m to grant Granted Mar 10, 2026
Patent 12573022
ANOMALY DETECTION FOR COMPONENT THROUGH MACHINE-LEARNING BASED IMAGE PROCESSING AND CONSIDERING UPPER AND LOWER BOUND VALUES
2y 5m to grant Granted Mar 10, 2026
Patent 12573076
POSITION MEASUREMENT SYSTEM
2y 5m to grant Granted Mar 10, 2026
Patent 12567178
THREE-DIMENSIONAL DATA ENCODING METHOD, THREE-DIMENSIONAL DATA DECODING METHOD, THREE-DIMENSIONAL DATA ENCODING DEVICE, AND THREE-DIMENSIONAL DATA DECODING DEVICE
2y 5m to grant Granted Mar 03, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

AI Strategy Recommendation

Get an AI-powered prosecution strategy using examiner precedents, rejection analysis, and claim mapping.
Powered by AI — typically takes 5-10 seconds

Prosecution Projections

3-4
Expected OA Rounds
72%
Grant Probability
91%
With Interview (+19.6%)
2y 9m
Median Time to Grant
Moderate
PTA Risk
Based on 532 resolved cases by this examiner. Grant probability derived from career allow rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month