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 .
Status of Application
This communication is responsive to the applicant's application filed 07/26/2024.
Claims 1-20 are pending.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Firestone et al (US-2008/0056154, hereinafter, Firestone).
Regarding claims 1 and 16, Firestone discloses a device or a system (per claim 16) (see Figs. 1, 3, 4, 7) configured to: play, via a speaker of the device, an audio wave stored in storage accessible by the device (paragraph [0018] "user "A" may start the delay measurement process by positioning his apparatus 10a near endpoint device 52a and pressing button 14a. The pressing of start button 14a causes apparatus 10a to output a short, audible audio waveform ("ping" for short) having a predetermined duration (e.g., 200 ms) destined to user "B");
detect the played audio wave as being received by a microphone of the device, the device to identify a first time of the played audio wave being detected (paragraph [0019] "The diagram shows user "A's" side sending a ping 21 at time t=t0, which is captured by microphone 52a of endpoint device 51a");
play, via the speaker, the played audio wave received by the microphone (paragraph [0019] "Endpoint device 51b receives the network audio data at time t=t1 and plays ping 21 out of speaker 53b. The internal microphone of apparatus 10b positioned near endpoint device 51b detects the emitted waveform. Upon detecting ping 21, apparatus 10b delays for a fixed period of time (indicated by arrow 25) starting from the leading edge of the audio waveform, and then sends back a ping 27 over the network at time t=t2. Ping 27 is captured by microphone 52b of endpoint device 51b, which then encodes the waveform and sends it across network 20 where it is received by endpoint device 51a and played out of speaker 53a at time t=t3");
detect the second played audio wave as being received by the microphone, the device to identify a second time of the second played audio wave being detected (paragraph 0019 "Endpoint device 51b receives the network audio data at time t=t1 and plays ping 21 out of speaker 53b. The internal microphone of apparatus 10b positioned near endpoint device 51b detects the emitted waveform. Upon detecting ping 21, apparatus 10b delays for a fixed period of time (indicated by arrow 25) starting from the leading edge of the audio waveform, and then sends back a ping 27 over the network at time t=t2. Ping 27 is captured by microphone 52b of endpoint device 51b, which then encodes the waveform and sends it across network 20 where it is received by endpoint device 51a and played out of speaker 53a at time t=t3");
determine, a latency of communications of the device based at least on a difference between the first time of the played audio wave being detected and the second time of the second played audio wave being detected (paragraph [0020] "When apparatus 10a detects the leading edge of waveform 27 at time t=13 it stops its internal timer. The total elapsed delay time (shown by arrow 24) represents the sum of the mouth-to-ear delay 22 (i.e., the time it took waveform 21 to traverse from apparatus 10a to apparatus 10b), the fixed delay 25, and the mouth-to-ear delay 23 (i.e., the time it took waveform 27 to traverse from apparatus 10b to apparatus 10a). The CPU of apparatus 10a subtracts fixed delay 25 from total delay 24 to obtain the round-trip mouth-to-ear delay between endpoints 51a & 51b, which is the sum of the one-way delays 22 & 23"); and
communicate the latency to one of a second device or a user interface (paragraph [0022] "The resulting round-trip delay may be stored in memory 18 and later recalled to obtain an average round-trip delay after repeated measurements. That is, the process of sending audio waveforms back and forth across the network may be repeated numerous times (as represented by waveforms 28, 29, and so on). After a sufficient number of measurements have been taken (e.g., a dozen) the process stops. CPU 17 then calculates the average round-trip delay and statistical variance and displays the results on LCD panels 11 & 12, respectively").
Regarding claim 2, Firestone discloses the stand-alone audio device is considered as a set top box (see Figs. 1, 4, and 7).
Regarding claims 3 and 19, Firestone discloses the device is configured to: insert a delay between playing the audio wave and playing the played audio wave, wherein: the audio wave comprises a sine-wave of a specific length of time with a specific pattern; the latency exceeds the specific length of time; and the determination of the latency comprises reducing a detected latency by a period of the delay (see para [0019]-[0020]).
Regarding claims 4 and 6, see microphone 15, 52a, 52b, 73a, and 73b in Figs. 3, 4, and 7.
Regarding claims 5 and 7, Firestone discloses the device is further configured to: identify the first time of the played audio wave based on at least the portion of the played audio wave received by the microphone of the device being detected; and further configured to: identify the second time of the played audio wave at the second time of the at least the portion of the played audio wave received by the microphone of the device being detected (see [0018]-[0019]).
Regarding claims 8 and 20, Firestone discloses in Figs. 4 and 7 by identifying different network configurations of the device and associate the determined latency with the configuration.
Regarding claim 9, see para [0021].
Regarding claim 17, Firestone discloses a video conference system in Fig. 7.
Regarding claim 18, Firestone discloses the one or more processors of the first device are further configured to: determine the latency of communications between the first device and the second device based at least on the difference between the first time and the second time (see para [0020]).
Method claims 10-15 are rejected for the same reasoning as set forth for the rejection of apparatus claims 1, 16, 17, 3-5, 8, and 20 since the apparatus claims perform the same functions as the method claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Bruckman, Beers et al, Haatainen, Lee et al, Bryant et al, and Li et al disclose various systems and devices for latency measurement and evaluation in an audio or A/V communication network.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to XU MEI whose telephone number is (571)272-7523. The examiner can normally be reached on Monday-Friday 10-6:30 est.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Vivian Chin can be reached on 571-272-7848. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/XU MEI/ Primary Examiner, Art Unit 2695 03/21/2026
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