Ex Parte Graumann et al - Page 2




         Appeal No. 2004-0858                                                       
         Application No. 09/747,709                                                 


         audio channel, the time between the detections of the sample               
         streams is measured, and one of the signal sample streams is               
         delayed based on the time measured between the detections.                 


              Representative independent claim 1 is reproduced as follows:          
              1.  A method for actively characterizing the latency of an            
         audio channel of a computer, comprising:                                   
              creating at least two signal sample streams for a waveform            
         in the audio channel;                                                      
              detecting the presence of the first signal sample stream for          
         said waveform and the second signal sample stream for said                 
         waveform at a point in said audio channel;                                 
              measuring the time between the detections of the signal               
         sample streams; and                                                        
              delaying at least one of the signal sample streams based, at          
         least in part, on the time measured between the detections.                

              The examiner relies on the following references:                      
         Park et al. (Park)         5,410,595           Apr. 25, 1995               
         Vahatalo et al. (Vahatalo) 5,737,410           Apr.  7, 1998               
                        (102(e) date: Sep. 13, 1996)                                
         Hollier        5,890,104                       Mar. 30, 1999               
                        (102(e) date: Dec. 14, 1995)                                

              Claims 1-10, 12-14, 16, 17 and 19-24 stand rejected under             
         35 U.S.C. § 103.  As evidence of obviousness, the examiner offers          
         Vahatalo with regard to independent claims 1, 12, 19 and 22,               
         adding Park with regard to claims 2-4, 7-10, 16 and 17.  With              

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