Prosecution Insights
Last updated: October 04, 2026
Application No. 18/239,440

AUDIO TRANSMISSIONS WITH INTERLEAVED DATA PAYLOADS

Final Rejection §112
Filed
Aug 29, 2023
Priority
Aug 29, 2022 — provisional 63/401,834
Examiner
ARMSTRONG, JONATHAN D
Art Unit
3645
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Lisnr Inc.
OA Round
4 (Final)
55%
Grant Probability
Moderate
5-6
OA Rounds
5m
Est. Remaining
59%
With Interview

Examiner Intelligence

Grants 55% of resolved cases
55%
Career Allowance Rate
250 granted / 454 resolved
+3.1% vs TC avg
Minimal +4% lift
Without
With
+3.6%
Interview Lift
resolved cases with interview
Typical timeline
3y 6m
Avg Prosecution
34 currently pending
Career history
492
Total Applications
across all art units

Statute-Specific Performance

§101
4.1%
-35.9% vs TC avg
§103
55.7%
+15.7% vs TC avg
§102
20.8%
-19.2% vs TC avg
§112
17.9%
-22.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 454 resolved cases

Office Action

§112
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 . Claim Rejections - 35 USC § 112 The following is a quotation of the first paragraph of 35 U.S.C. 112(a): (a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention. The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112: The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention. Claims 1- rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. The instant . Response to Arguments Applicant’s arguments, see pgs. 6-9, filed 5/26/2026, with respect to 1 have been fully considered and are persuasive. The rejection of 2/24/2026 has been withdrawn. However, a rejection under 35 U.S.C. 112(a) has now been applied because the Examiner is uncertain about the source of the amendment. 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 JONATHAN D ARMSTRONG whose telephone number is (571)270-7339. The examiner can normally be reached M - F 9am-5pm. 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, Isam Alsomiri can be reached at 571-272-6970. 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. /JONATHAN D ARMSTRONG/ Examiner, Art Unit 3645
Read full office action

Prosecution Timeline

Show 1 earlier event
May 21, 2025
Non-Final Rejection mailed — §112
Aug 21, 2025
Response Filed
Sep 12, 2025
Final Rejection mailed — §112
Jan 12, 2026
Request for Continued Examination
Feb 15, 2026
Response after Non-Final Action
Feb 24, 2026
Non-Final Rejection mailed — §112
May 26, 2026
Response Filed
Jul 27, 2026
Final Rejection mailed — §112 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12748208
COMMUNICATIONS TECHNOLOGY SELECTION MANAGEMENT AND MAPPING ALGORITHM
3y 5m to grant Granted Sep 29, 2026
Patent 12736395
ACOUSTIC DETECTION OF DISGUISED VEHICLES
3y 7m to grant Granted Sep 15, 2026
Patent 12730218
METHOD AND SYSTEM FOR ULTRASOUND TIME-OF-FLIGHT MEASUREMENT
5y 2m to grant Granted Sep 08, 2026
Patent 12714404
FLEXIBLE CAPACITIVE MICROMACHINED ULTRASONIC TRANSDUCER ARRAYS
4y 1m to grant Granted Aug 25, 2026
Patent 12717054
SEISMIC SENSOR GAIN
4y 4m to grant Granted Aug 25, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

5-6
Expected OA Rounds
55%
Grant Probability
59%
With Interview (+3.6%)
3y 6m (~5m remaining)
Median Time to Grant
High
PTA Risk
Based on 454 resolved cases by this examiner. Grant probability derived from career allowance rate.

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