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TuneRS web site still lists the DOF as patent pending.
As one who shepherded a patent claim through the process it can take years before it is finally granted. You have to educate the patent examiner in the technology and how your design differs from anything else (s)he comes up with to initially deny your claim on the basis that it is too similar to someone else's. Which means a combination of patent lawyers and technical experts. And each time into the Patent Office the "paperwork" waits till an examiner with the right background can get to it which can be years. An offshoot of an understaffed government agency.
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