Prosecution Insights
Last updated: April 19, 2026
Application No. 18/352,867

AUDIO WITH EMBEDDED TIMING FOR SYNCHRONIZATION

Non-Final OA §103
Filed
Jul 14, 2023
Examiner
RINEHART, SEAN MICHAEL
Art Unit
2694
Tech Center
2600 — Communications
Assignee
Qualcomm Incorporated
OA Round
3 (Non-Final)
71%
Grant Probability
Favorable
3-4
OA Rounds
2y 11m
To Grant
99%
With Interview

Examiner Intelligence

Grants 71% — above average
71%
Career Allow Rate
12 granted / 17 resolved
+8.6% vs TC avg
Strong +50% interview lift
Without
With
+50.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
23 currently pending
Career history
40
Total Applications
across all art units

Statute-Specific Performance

§101
2.0%
-38.0% vs TC avg
§103
44.8%
+4.8% vs TC avg
§102
24.5%
-15.5% vs TC avg
§112
26.5%
-13.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 17 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 . Response to Amendment The Office Action is responsive to amendments filed for application 18/352,867 filed on 01/07/2026. Please note claims 1-31 remain in the application. Response to Arguments Applicant’s arguments with respect to claims 1, 10, 19, and 28 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Claim Rejections - 35 USC § 103 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 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. Claims 1-3, 9-12, 18-21, and 27-29 are rejected under 35 U.S.C. 103 as being unpatentable over Burtea, US-PG-PUB 2017/0032795 (previously cited), in view of “VLF Receiver Toolkit - Notes,” Abelian.org, 01/23/2020 (hereinafter Nicholson). Regarding claim 1, Burtea discloses an apparatus for audio processing (A system (apparatus) receives and analyzes (processes) audio.....¶[0021], lines 9-13) comprising: a receiver (A GPS receiver.....¶[0028], lines 1-3) configured to output a periodic timing signal (The GPS receiver receives and outputs timing signals to a processor.....¶[0028], lines 3-7); one or more microphones (Acoustic transducers (microphones).....¶[0020], lines 6-8); a microphone interface coupled to the receiver and coupled to a microphone (Shown in Fig. 2, microcontroller unit (MCU) 210) is coupled to the microphone (106) and GPS receiver (220)), wherein the microphone interface is configured to: receive, from the microphone, an audio signal (The processor samples (receives) the microphone (audio) signal to create an audio dataset.....¶[0024], lines 9-12); and receive, from the receiver, the periodic timing signal (The processor (202) receives the timing signal.....¶[0028], lines 7-11); and a processor coupled to the microphone interface and coupled to the receiver (Stated above, a processor of a recording unit is coupled to both the microphone and the receiver......¶[0023], lines 1-4), wherein the processor is configured to: combine the audio signal and information regarding the periodic timing signal into an audio stream (An audio sample arriving after the processor receives a PPS pulse is tagged, combining timing information associated with the pulse into the acoustic dataset (signal).....¶[0031], lines 3-7), wherein the information regarding the periodic timing signal comprises a sound signal in the audio stream (The sample records are included in the acoustic dataset (audio stream).....¶[0032], lines 12-14); generate a time stamp (The processor generates records containing time values (time stamps).....¶[0032], lines 1-7) based on received additional time information (Timing information received from a GPS receiver…..¶[0030], lines 2-3); and add the generated time stamp to the audio stream based on the periodic timing signal in the audio stream (Time-stamped sample records are included in the acoustic dataset (audio stream).....¶[0032], lines 12-14). Burtea fails to disclose wherein the processor is configured to combine the audio signal and periodic timing signal into an audio stream, nor wherein additional time information is aligned with the periodic timing signal in the audio stream, instead disclosing wherein information regarding the periodic timing signal is embedded into the audio stream. Nicholson teaches a method for audio processing wherein an audio signal (A single channel of VLF radio audio…..Pg. 46, heading “Using a pulse-per-second” (hereinafter “PPS”), lines 1-2) and periodic timing signal (A PPS timing signal….. Pg. 46, “PPS”, lines 1-2) are combined (Multiple signals of soundcards may be combined…..Pg. 46, heading “Timestamps and Alignment” (hereinafter “TA”), line 4) into an audio stream (The timing signal exists within the combined audio streams….. Pg. 46, “TA”, line 11), and wherein additional timing information (A timestamp based on a system clock reference…..Pg. 46, “TA”, line 1) is aligned with the periodic timing signal in the audio stream (The timestamp is refined (aligned) to the centroid, phase center, or leading edge of the timing signal…..Pg. 46, “TA,” line 11, “PPS”, lines 5, 8, 12) to add a generated time stamp to the audio stream (The timestamps are added to the audio stream packets…..Pg. 46, “TA”, line 1) based on the periodic timing signal in the audio stream (The time stamps are aligned to the periodic timing signal in the audio stream…..Pg. 46, “TA,” line 11). Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Burtea to incorporate the teachings of Nicholson, and provide wherein the processor is configured to combine the audio signal and periodic timing signal into an audio stream, and align the additional timing information with the periodic timing signal in the audio stream to add the generated time stamp. This would provide the benefit of timestamps with accuracy of better than 50 nS (Nicholas, Pg. 46, “TA”, line 12). Regarding claim 2, the combination of Burtea and Nicholson, as explained above teach the limitations of claim 1. Burtea additionally teaches wherein the receiver comprises a global positioning system (GPS) receiver (A GPS receiver receives and outputs timing signals.....¶[0028], lines 3-11). Regarding claim 3, the combination of Burtea and Nicholson, as explained above teach the limitations of claim 2. Burtea additionally teaches wherein the period timing signal comprises a one pulse per second signal output by the GPS receiver (The processor uses the GPS PPS (pulse per second) signal.....¶[0030], lines 1-4). Regarding claim 9, the combination of Burtea and Nicholson, as explained above teach the limitations of claim 1. Burtea additionally discloses wherein the generated time stamp is added as metadata to the audio stream (The time stamps are data about the corresponding time samples (metadata).....¶[0044], lines 15-17). Claim 10 recites a method, all steps of which are recited in claim 1, and is rejected under the same grounds as claim 1. Claim 11 is rejected under the same grounds as claim 2. Claim 12 is rejected under the same grounds as claim 3. Claim 18 is rejected under the same grounds as claim 9. Claim 19 recites the same functions of claim 1 and is rejected under the same grounds as claim 1, including the additional analysis cited below to address claim 19’s additional hardware limitations: Burtea additionally discloses a non-transitory computer-readable medium (Mass storage device.....¶[0041], line 1) having stored thereon instructions (¶[0041], lines 2) that, when executed by one or more processors (The instructions are processor-executable.....¶[0025], lines 2-3), cause the one or more processors to perform the method encompassed by claim 1 (When executed, instructions enable a computer to perform the method described…..¶[0041], lines 1-6). Claim 20 is rejected under the same grounds as claim 2. Claim 21 is rejected under the same grounds as claim 3. Claim 27 is rejected under the same grounds as claim 9. Claim 28 recites a generic apparatus for performing a method, all steps of which are recited in claim 1, and is rejected under the same grounds as claim 1. Claim 29 is rejected under the same grounds as claim 3. Claims 4, 13, 22, 30, and 31 are rejected under 35 U.S.C. 103 as being unpatentable over Burtea in view Nicholson in further view of Mantovani, US-PG-PUB 2010/0253578 (previously cited). Regarding claim 4, Burtea and Nicholson, as explained above, teach the apparatus of claim 2. Burtea additionally teaches wherein the one or more processors are further configured to: receive a time value from the GPS receiver (¶[0029], lines 6-9); and generate the time stamp based on the time value and the periodic timing signal (The processor generates records containing time values (time stamps) corresponding to the PPS pulse (timing signal).....¶[0032], lines 1-7). This further combination fails to explicitly teach wherein the time value is a Time of Week (TOW) value. Mantovani teaches wherein a GPS time value used is a Time of Week (TOW) value (¶[0041], lines 5-8). Burtea and Mantovani are both considered to be analogous to the claimed invention because they are in the same field of processing GNSS data signals. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the combination of Burtea and Nicholson to incorporate the teachings of Mantovani, and provide wherein the time value is a Time of Week (TOW) value. This would provide an exceedingly precise time stamp for the audio data (Mantovani, ¶[0041], lines 5-8). Claim 13 is rejected under the same grounds as claim 4. Claim 22 is rejected under the same grounds as claim 4. Claim 30 is rejected under the same grounds as claim 4. Claim 31 is rejected under the same grounds as claim 4. Claims 5, 14, and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Burtea in view of Nicholson in further view of Woo, US Patent No. 6,091,816 (previously cited). Regarding claim 5, the combination of Burtea and Nicholson, as explained above, teach the apparatus of claim 1. Burtea additionally teaches wherein the processor is further configured to: obtain first location information associated with the microphone (The processor of the individual recording devices of the apparatus obtain location data from the GPS receivers…..¶[0028], lines 7-11). This further combination fails to explicitly teach outputting the first location information and audio stream for transmission to another apparatus. Woo teaches an audio recording device configured for outputting the first location information and audio stream for transmission to another apparatus (The integrated digital information (audio and location information) may be downloaded to another apparatus using a port…..Col. 7, lines 12-16, Col. 4, lines 49-57). Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the combination of Burtea and Nicholson to incorporate the teachings of Woo and provide outputting the first location information and audio stream for transmission to another apparatus. This would provide the benefit of a system which allows for exhibition of audio recordings, containing accurate time and location information (Woo, Col. 2, lines 2-13, Col. 7, lines 15-18). Claim 14 is rejected under the same grounds as claim 5. Claim 23 is rejected under the same grounds as claim 5. Claims 6, 8, 15, 17, 24, and 26 are rejected under 35 U.S.C. 103 as being unpatentable over Burtea in view of Nicholson in further view of Korneluk et al (hereinafter Korneluk), US-PG-PUB 2007/0035612 (previously cited). Regarding claim 6, the combination of Burtea and Nicholson, as explained above, teach the apparatus of claim 1. Burtea additionally discloses wherein the one or more processors are further configured to: obtain first location information associated with the one or more microphones (The processor of the individual recording devices of the apparatus obtain location data from the GPS receivers…..¶[0028], lines 7-11); receive, from a device, an additional audio stream with time stamps (The processor of an analysis computer receives multiple timestamped audio streams from multiple recording devices.....¶[0044], lines 15-20); and identify a location of an audio event based on the audio stream with the generated time stamp, and the additional audio stream with time stamps (The received audio streams are processed by the analysis computer to identify the location of a pipe leak (and corresponding audio event).....¶[0023], lines 4-8). This further combination does not explicitly teach wherein either of the received audio stream or additional audio stream include the first and second location information obtained by the processors of the recording devices, nor it explicitly teach wherein identification of an audio event location is based on first and second location information. Korneluk teaches a system wherein a server receives at least a first and second audio stream from first and second recording devices, the audio stream including corresponding location information for the first and second recording devices (A server receives location information (included with audio recordings) from multiple user devices.....¶[0055], lines 4-9, ¶[0035], lines 11-15). This server then uses the first audio stream, second audio stream, first location information, and second location information to identify a location of an audio event (Cell phone location data and audio data including arrival time information (time stamps) are used to determine a sound source and direction…..¶[0035], lines 11-15). Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the combination of Burtea and Nicholson to incorporate the teachings of Korneluk, and provide wherein the recording devices provide location information along with audio and timing information, and where the analysis computer of Burtea may be configured identify a location of an audio event based on the first location information, the second location information, the audio stream with the generated time stamp, and the additional audio stream with time stamps. This would provide a benefit wherein the system is able to correlate multiple audio signals with time and location information to quickly identify the location of a sound source (Korneluk, ¶[0035], lines 11-17). Regarding claim 8, the combination of Burtea and Nicholson disclose the apparatus of claim 1. This combination fails to teach wherein the receiver comprises a cellular receiver. Korneluk teaches wherein an analogous receiver comprises a cellular receiver (The time source may be the iDEN cellular network.....¶[0054], lines 4-10). Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the combination of Burtea and Nicholson to incorporate the teachings of Korneluk, and provide wherein the receiver comprises a cellular receiver. This would provide the benefit of a very accurate time source available to cell phones (Korneluk, ¶[0054], lines 8-10). Claim 15 is rejected under the same grounds as claim 6. Claim 17 is rejected under the same grounds as claim 8. Claim 24 is rejected under the same grounds as claim 6. Claim 26 is rejected under the same grounds as claim 8. Claims 7, 16, and 25 are rejected under 35 U.S.C. 103 as being unpatentable over Burtea in view of Nicholson in further view of Charruel et al (hereinafter Charruel), US-PG-PUB 2024/0179652 (previously cited). Regarding claim 7, the combination of Burtea and Nicholson disclose the apparatus of claim 1. This combination fails to teach wherein the receiver comprises a wi-fi receiver. Charruel teaches an audio device with a wi-fi receiver, from which it receives a synchronization (timing) signal (An input interface of audio equipment receives time synchronization signals from a wi-fi network.....¶[0038], lines 1-4, ¶[0042], lines 1-3). Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the combination of Burtea and Nicholson to incorporate the teachings of Charruel, and provide wherein the receiver comprises a Wi-Fi receiver. This would provide a benefit wherein the local time of sample reproduction is identical in each piece of equipment in a system, thus ensuring perfect and permanent synchronization of audio stream reproduction (Charruel, ¶[0072], lines 3-6). Claim 16 is rejected under the same grounds as claim 7. Claim 25 is rejected under the same grounds as claim 7. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to SEAN RINEHART whose telephone number is (571)272-2778. The examiner can normally be reached M-F 10-6 6:00 PM ET. 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, Fan Tsang can be reached on (571) 272-7547. 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. /SEAN M RINEHART/Examiner, Art Unit 2694 /FAN S TSANG/Supervisory Patent Examiner, Art Unit 2694
Read full office action

Prosecution Timeline

Jul 14, 2023
Application Filed
Aug 14, 2025
Non-Final Rejection — §103
Oct 28, 2025
Examiner Interview Summary
Nov 04, 2025
Response Filed
Nov 15, 2025
Final Rejection — §103
Jan 07, 2026
Response after Non-Final Action
Jan 21, 2026
Request for Continued Examination
Jan 28, 2026
Response after Non-Final Action
Feb 03, 2026
Non-Final Rejection — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
71%
Grant Probability
99%
With Interview (+50.0%)
2y 11m
Median Time to Grant
High
PTA Risk
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