Prosecution Insights
Last updated: April 19, 2026
Application No. 18/433,238

CHIRP SIGNAL FILTERING FOR DIGITAL GATEWAY

Non-Final OA §103
Filed
Feb 05, 2024
Examiner
POPE, KHARYE
Art Unit
2693
Tech Center
2600 — Communications
Assignee
Cubic Corporation
OA Round
1 (Non-Final)
64%
Grant Probability
Moderate
1-2
OA Rounds
3y 3m
To Grant
87%
With Interview

Examiner Intelligence

Grants 64% of resolved cases
64%
Career Allow Rate
341 granted / 529 resolved
+2.5% vs TC avg
Strong +22% interview lift
Without
With
+22.1%
Interview Lift
resolved cases with interview
Typical timeline
3y 3m
Avg Prosecution
32 currently pending
Career history
561
Total Applications
across all art units

Statute-Specific Performance

§101
3.4%
-36.6% vs TC avg
§103
63.5%
+23.5% vs TC avg
§102
17.7%
-22.3% vs TC avg
§112
10.0%
-30.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 529 resolved cases

Office Action

§103
DETAILED ACTION This Communication is a First Action on the Merits (FAOM). Claims 1-20, as originally filed, are pending and have been considered as follows. 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 § 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. Claim(s) 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Murata et al (5,343,420) in view of Hart et al (11,284,278 B1). As per Claim 1, Murata teaches a method of chirp signal filtering at a first device, the method comprising: detecting a signal at an audio interface of the first device (Column 1, Lines 5-20; Column 5, Lines 53-59); responsive to detecting the signal, buffering at least a portion of the signal by the first device (Column 10, Lines 15 and 16); determining whether the signal is detected at the audio interface for a threshold duration (Column 7, Lines 32-37; Column 7, Lines 54-62). (Note: In Column 1, Lines 5-20; Murata describes a signal discriminating circuit used in a digital signaling process apparatus [e.g. facsimile/telephone] that is used to discriminate between a control signal [i.e. chirp signal/noise] and voice audio. In Column 5, Lines 53-59; Murata describes a sampling circuit where received input signals are sampled in a predetermined cycle of time [i.e. detecting a signal at an audio interface of the first device]) (Note: In Column 10, Lines 15 and 16; Murata indicates a delayed signal is established by delaying the input signal for a predetermined period of time [i.e. buffering at least a portion of the signal by the first device]. In Column 7, Lines 32-37 and Lines 54-62; Murata describes the differential operation circuit and also describes comparing the output [i.e. buffering signal] against a threshold value to make a determination as to whether the buffering signal is or is not an audio signal or non-audio signal [i.e. chip signal]) Murata also teaches responsive to determining the signal is detected at the audio interface for the threshold duration, causing the first device to forward the signal, including the at least the portion of the signal that is buffered, to a second device (Telephone: Column 1, Lines 12-20); or responsive to determining the signal is not detected at the audio interface for the threshold duration, discarding the at least the portion of the signal that is buffered (Facsimile: Column 1, Lines 12-20). Murata does not teach a radio over Internet Protocol (RoIP) system. However, Hart teaches a radio over Internet Protocol (RoIP) system (Figure 1 – References 12a-n, 18, 22 and 24; Column 6, Lines 17-43; Column 7, Lines 7-21; Column 7, Line 62 – Column 8, Line 27). (Note: The Specification indicates that within the RoIP system, two different radio networks are communicatively coupled with a gateway. In order to communicate with the radio networks the gateway uses radios that can communicate with handsets for their respective radio network as well as with the gateway device) It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the method taught by Murata with the method taught by Hart to enable robust, long-range communication in critical/hazardous applications [i.e. mining/industrial environments] where the ability to maintain a stable audio connection is paramount as lives are often in danger. As per Claims 2, 9 and 16, the combination of Murata and Hart teaches wherein detecting the signal at the audio interface comprises analyzing one or more successive data packets of signal data as described in Claim 1. (Note: The analysis of buffered packets described by Murata is found to read on the claimed language) It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the method, system and non-transitory computer-readable medium taught by Murata with the method, system and non-transitory computer-readable medium taught by Hart to enable robust, long-range communication in critical/hazardous applications [i.e. mining/industrial environments] where the ability to maintain a stable audio connection is paramount as lives are often in danger. As per Claims 3, 10 and 17, the combination of Murata and Hart teaches wherein detecting the signal at the audio interface further comprises determining a threshold number of audio samples within a data packet of the one or more successive data packets have a threshold value as described in Claim 1. (Note: In a hazardous industrial environment [i.e. mining] it is found to be obvious that a sufficient sample size would be employed to make determinations) It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the method, system and non-transitory computer-readable medium taught by Murata with the method, system and non-transitory computer-readable medium taught by Hart to enable robust, long-range communication in critical/hazardous applications [i.e. mining/industrial environments] where the ability to maintain a stable audio connection is paramount as lives are often in danger. As per Claims 4, 11 and 18, the combination of Murata and Hart teaches wherein detecting the signal at the audio interface further comprises determining a data packet of the one or more successive data packets comprises a voice frequency as described in Claim 1. It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the method, system and non-transitory computer-readable medium taught by Murata with the method, system and non-transitory computer-readable medium taught by Hart to enable robust, long-range communication in critical/hazardous applications [i.e. mining/industrial environments] where the ability to maintain a stable audio connection is paramount as lives are often in danger. As per Claim 5, 12 and 19, the combination of Murata and Hart teaches determining that audio is present in a threshold number of successive data packets of the one or more successive data packets in Claims 1 and 3. It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the method, system and non-transitory computer-readable medium taught by Murata with the method, system and non-transitory computer-readable medium taught by Hart to enable robust, long-range communication in critical/hazardous applications [i.e. mining/industrial environments] where the ability to maintain a stable audio connection is paramount as lives are often in danger. As per Claims 6, 7, 13, 14 and 20, the combination of Murata and Hart teaches analyzing the signal; and adjusting a value of the threshold duration based at least in part on the analyzing the signal as described in Claim 1. (Note: In Column 10, Lines 34-44; Murata indicates that the signal discrimination unit distinguishes an audio signal from a nuisance noise by more accurately setting the threshold value to a smaller value; and are based at least in part on user input [i.e. adjusting a value of the threshold duration based at least in part on the analyzing the signal]) It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the method, system and non-transitory computer-readable medium taught by Murata with the method, system and non-transitory computer-readable medium taught by Hart to enable robust, long-range communication in critical/hazardous applications [i.e. mining/industrial environments] where the ability to maintain a stable audio connection is paramount as lives are often in danger. As per Claims 8 and 15, the combination of Murata and Hart teaches a method as described in Claim 1. Hart also teaches a baseband processor (Figure 3 – Reference 54; Column 12, Lines 43-58); and a non-transitory computer-readable medium having instructions stored thereon (Figure 3 – Reference 56; Column 12, Lines 43-58). It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the method, system and non-transitory computer-readable medium taught by Murata with the method, system and non-transitory computer-readable medium taught by Hart to enable robust, long-range communication in critical/hazardous applications [i.e. mining/industrial environments] where the ability to maintain a stable audio connection is paramount as lives are often in danger. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Simpson et al (2004/0073422 A1), Chong et al (2009/0116419 A1), Jain et al (2012/0201173 A1), SASAKI (2014/0081632 A1) and LEUNG (2020/0153972 A1). Each of these describes systems and methods of implementing wireless communication utilizing mobile devices. Any inquiry concerning this communication or earlier communications from the examiner should be directed to KHARYE POPE whose telephone number is (571)270-5587. The examiner can normally be reached Monday - Friday 8AM - 4PM. 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, Ahmad Matar can be reached at 571-272-7488. 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. KHARYE POPE Primary Examiner Art Unit 2693 /KHARYE POPE/Primary Examiner, Art Unit 2693
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Prosecution Timeline

Feb 05, 2024
Application Filed
Mar 01, 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

1-2
Expected OA Rounds
64%
Grant Probability
87%
With Interview (+22.1%)
3y 3m
Median Time to Grant
Low
PTA Risk
Based on 529 resolved cases by this examiner. Grant probability derived from career allow rate.

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