Prosecution Insights
Last updated: October 04, 2026
Application No. 18/433,238

CHIRP SIGNAL FILTERING FOR DIGITAL GATEWAY

Non-Final OA §103
Filed
Feb 05, 2024
Priority
Jan 06, 2020 — provisional 62/957,399 +1 more
Examiner
POPE, KHARYE
Art Unit
2693
Tech Center
2600 — Communications
Assignee
Cubic Corporation
OA Round
2 (Non-Final)
66%
Grant Probability
Favorable
2-3
OA Rounds
8m
Est. Remaining
87%
With Interview

Examiner Intelligence

Grants 66% — above average
66%
Career Allowance Rate
364 granted / 553 resolved
+3.8% vs TC avg
Strong +21% interview lift
Without
With
+21.4%
Interview Lift
resolved cases with interview
Typical timeline
3y 4m
Avg Prosecution
20 currently pending
Career history
574
Total Applications
across all art units

Statute-Specific Performance

§101
3.7%
-36.3% vs TC avg
§103
66.5%
+26.5% vs TC avg
§102
16.4%
-23.6% vs TC avg
§112
9.6%
-30.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 553 resolved cases

Office Action

§103
DETAILED ACTION Response to Amendment This is in response to Applicants amendment filed 06/11/2026 which has been entered. No Claims have been amended. No Claims have been cancelled. No Claims have been added. Claims 1-20 are still pending in this application, with Claims 1, 8 and 15 being independent. Response to Arguments Applicant’s arguments with respect to Claim(s) 1-20 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 The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. Claim(s) 1, 8 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Barreiro (8,135,001 B1) in view of Serbin et al (2006/0084476 A1). As per Claim 1, Barreiro teaches a method of chirp signal filtering in a radio over Internet Protocol (RoIP) system at a first device, the method comprising: detecting a signal at an audio interface of the first device; responsive to detecting the signal, buffering at least a portion of the signal by the first device (Column 4, Lines 4-12; Column 6, Lines 39-45; Column 24, Lines 34-49); determining whether the signal is detected at the audio interface for a threshold duration (Column 24, Lines 34-49). (Note: In Column 24, Lines 34-49; Barreiro describes a plurality of audio gateway types which include land mobile radio [LMR], radio-telephone audio gateway, audio device audio gateway, etc. Barreiro also describes an audio buffered mode of operation where the audio gateway buffers audio for a specified time to await confirmation of successful call setup) Barreiro does not teach 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 of the RoIP system; 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. However, Serbin 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 of the RoIP system; 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 (Page 1, Paragraph [0017] and [0018]; Page 2, Paragraphs [0021] – [0024]). (Note: In paragraph [0017], Serbin describes a user pressing a push-to-talk [PTT] button [origination signal] on a wireless communication device. In paragraphs [0018] and [0021], Serbin indicates that a chirp signal is used to inform a user the communication channel is ready. In paragraph [0022], Serbin describes the issuing of a command to start recording audio information in memory for later transmission [i.e. forwarding the buffered signal] which Serbin also describes as buffering) (Note: In paragraph [0023], Serbin describes the transmission of a service connect message that occurs 5 to 10 seconds after the origination message. Serbin also indicates that the audio input has been buffered for a period of four to nine seconds. The Examiner is considering the recited threshold duration for detection of the audio signal at the audio interface to be greater than 4 seconds. In paragraph [0024], Serbin describes the forwarding of the buffered audio to a recipient 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 Barreiro with the method taught by Serbin to remove extraneous signaling tones in an effort to prevent unnecessary audio clutter making high-density dispatch environments easier to monitor. As per Claims 8 and 15, the combination of Barreiro and Serbin teaches the method of Claim 1. Barreiro also teaches a baseband processor (Column 24, Lines 55-63); and a non-transitory computer-readable medium having instructions stored thereon (Column 24, Line 54 – Column 25, Line 1; Column 25, Lines 14-24). 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 Barreiro with the method, system and non-transitory computer-readable medium taught by Serbin to remove extraneous signaling tones in an effort to prevent unnecessary audio clutter making high-density dispatch environments easier to monitor. Claim(s) 2, 3, 5, 9, 10, 12, 16, 17 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Barreiro (8,135,001 B1) in view of Serbin et al (2006/0084476 A1) as applied to Claims 1, 8 and 15 above, and further in view of Rajasekar et al (2011/0235499 A1). As per Claims 2, 9 and 16, the combination of Barreiro and Serbin teaches the method, system and non-transitory computer-readable medium of Claims 1, 8 and 15; but does not teach wherein detecting the signal at the audio interface comprises analyzing one or more successive data packets of signal data. However, Rajasekar teaches analyzing one or more successive data packets of signal data (Page 4, Paragraph [0050]). (Note: In paragraph [0050], Rajasekar describes utilizing a voice activity detector [VAD] to determine whether incoming packets contain voice speech) 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 Barreiro and Serbin with the method, system and non-transitory computer-readable medium taught by Rajasekar to conserve network bandwidth and conserve device power by stopping the transmission of silent audio packets because turning off the transmitter amplifier during pauses and background noise reduces power consumption and extends battery life. As per Claim 3, 10 and 17, the combination of Barreiro and Serbin 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 (Page 4, Paragraph [0050]). (Note: In paragraphs [0050] and [0051], Rajasekar describes calculating the sound level of each incoming packet and comparing it to a threshold) 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 Barreiro and Serbin with the method, system and non-transitory computer-readable medium taught by Rajasekar to conserve network bandwidth and conserve device power by stopping the transmission of silent audio packets because turning off the transmitter amplifier during pauses and background noise reduces power consumption and extends battery life. As per Claims 5, 12 and 19, the combination of Barreiro and Serbin teaches wherein determining whether the signal is detected at the audio interface for the threshold duration comprises determining that audio is present in a threshold number of successive data packets of the one or more successive data packets as described in Claims 2 and 3 above. 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 Barreiro and Serbin with the method, system and non-transitory computer-readable medium taught by Rajasekar to conserve network bandwidth and conserve device power by stopping the transmission of silent audio packets because turning off the transmitter amplifier during pauses and background noise reduces power consumption and extends battery life. Claim(s) 4, 6, 7, 11, 13, 14, 18 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Barreiro (8,135,001 B1) in view of Serbin et al (2006/0084476 A1) and Rajasekar et al (2011/0235499 A1) as applied to Claims 2, 9 and 15 above, and further in view of WANG (2017/0154640 A1). As per Claims 4, 11 and 18, the combination of Barreiro, Serbin and Rajasekar teaches the method, system and non-transitory computer-readable medium of Claims 2, 9 and 15; but does not teach 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. However, Wang teaches determining a data packet of the one or more successive data packets comprises a voice frequency (Page 4, Paragraphs [0065] – [0071]). (Note: In paragraphs [0065] – [0071], Wang describes performing voice recognition using a dynamic voce selection module. In paragraphs [0070] and [0071], Wang indicates that a frequency extraction module extracts the frequency of a voice packet and determines a threshold range which the frequency belongs in [e.g. See Wang paragraph{0043}]) 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 Barreiro, Serbin and Rajasekar with the method, system and non-transitory computer-readable medium taught by Wang to help uniquely identify users, filter out background noise and optimize audio clarity. As per Claims 6, 7, 13, 14 and 20, the combination of Barreiro, Serbin, Rajasekar and Wang teaches analyzing the signal; and adjusting a value of the threshold duration based at least in part on the analyzing the signal; and wherein the analyzing the signal and adjusting the value of the threshold duration are based at least in part on user input (Barreiro: Column 21, Lines 59-65; Wang: Page 3, Paragraph [0055]). (Note: In Column 21, Lines 59-65; Barreiro describes permitting user configuration of an audio gateway via a configuration screen to permit entry of operational attributes for a communication supplied by a user. In paragraph [0055], Wang describes performing voice activity detection to determine when voice is detected [initial analysis], and after detection of voice performs further analysis to determine if the voice is associated with a man, woman or a child [further analysis]. In paragraph [0071], Wang describes unique threshold ranges based on different sources of the audio [i.e. man, woman or child]) (Note: As there is overlap between the frequency range of men, women and children. In a circumstance where a determination as to the classification of the speaker it is found to be reasonable to extend the threshold duration to analyze additional packets to provide a more accurate classification) 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 Barreiro, Serbin and Rajasekar with the method, system and non-transitory computer-readable medium taught by Wang to help uniquely identify users, filter out background noise and optimize audio clarity. 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
Read full office action

Prosecution Timeline

Feb 05, 2024
Application Filed
Mar 12, 2026
Non-Final Rejection mailed — §103
Jun 11, 2026
Response Filed
Sep 21, 2026
Non-Final Rejection mailed — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12744846
SERVER APPARATUS, TELEPHONE CONNECTION METHOD AND TELEPHONE CONNECTION PROGRAM
2y 11m to grant Granted Sep 22, 2026
Patent 12744747
LOCATION SPECIFIC COMMUNICATIONS GATEWAY FOR MULTI-SITE ENTERPRISE
2y 11m to grant Granted Sep 22, 2026
Patent 12739287
IMPROVING VOICE OVER INTERNET PROTOCOL (VOIP) CALL SETUP SUCCESS RATE AND LATENCY
2y 11m to grant Granted Sep 15, 2026
Patent 12732546
METHOD AND APPARATUS TO IMPROVE IMS REGISTRATION FAILURES OVER WLAN
2y 11m to grant Granted Sep 08, 2026
Patent 12732549
VOICE SERVICE ROUTING SYSTEM FOR ACCESSIBILITY
2y 1m to grant Granted Sep 08, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

2-3
Expected OA Rounds
66%
Grant Probability
87%
With Interview (+21.4%)
3y 4m (~8m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 553 resolved cases by this examiner. Grant probability derived from career allowance 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