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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 01/14/2026 has been entered.
Claims 1-5, 9, and 10 have been amended. Claims 11-17 have been added. Claims 1-17 remain pending.
Response to Arguments
Applicant’s amendments and remarks filed on 01/14/2026 have been fully considered. With regards to the argument that the cited reference fails to disclose the unidirectional communication line, the argument is moot in light of the new grounds of rejection presented below.
Regarding the argument that the cited reference fails to disclose “wherein, upon reception of the pulse, received by the cluster manager and the at least one I/O module, the primary control module is configured to create a primary timestamp from a primary clock of the primary switch and the secondary control module is configured to create a secondary timestamp from a secondary clock of the secondary switch”, the Examiner respectfully disagrees. The reference teaches the network using 802.1AS as the timing and synchronization standard (paragraph 0022). As seen from the standard (copy attached to this communication) in sections 3.6, 3.12, 8.3, 11.1.2, amongst others, a source node sends an event message which is timestamped by the source using a grandmaster clock, and timestamped at the receiver node using a local clock. The teachings of the reference are believed to follow this by having a gPTP message timestamped by the grandmaster clock and added a second timestamp by the second node.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 1-3, 5-8, and 10-11 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, and 3-10 of U.S. Patent No. 12,362,899. Although the claims at issue are not identical, they are not patentably distinct from each other because they are directed to similar inventive concepts related to backplane synchronization in time-sensitive networks.
Regarding claim 1 12,362,899 discloses an industrial system for controlling backplane communication (claim 1), comprising:
a cluster manager comprising a primary switch linked to a primary control module; at least one Input/Output (I/O) module comprising a secondary switch linked to a secondary control module; and a unidirectional communication line comprising a physical medium linking the cluster manager to the at least one I/O module through one or more passive base plates (claim 1),
wherein the cluster manager comprises a transmission port and a reception port on the unidirectional communication line and the at least one I/O module comprises a reception port on the unidirectional communication line (claim 1),
wherein the primary control module is configured to generate a pulse via the transmission port on the unidirectional communication line (claim 1),
wherein, upon reception of the pulse, received simultaneously by the cluster manager and the at least one I/O module, the primary control module is configured to create a primary timestamp from a primary clock of the primary switch and the secondary control module is configured to create a secondary timestamp from a secondary clock of the secondary switch (claim 1),
wherein the primary control module is configured to send a message via the transmission port on the unidirectional communication line to the secondary control module, the message comprising the primary timestamp (claim 1), and
wherein, upon reception of the message, the secondary control module is configured to synchronize the secondary clock with the primary clock based on the primary timestamp and secondary timestamp (claim 1).
Regarding claim 2 12,362,899 discloses the industrial system according to claim 1, wherein the primary timestamp and the secondary timestamp are created simultaneously (claim 3).
Regarding claim 3 12,362,899 discloses the industrial system according to claim 1, wherein the cluster manager is further linked to the at least one I/O module via a multipoint communication line allowing the cluster manager to transmit data in frames on the multipoint communication line at scheduled time windows to the at least one I/O module when the primary clock and the secondary clock are synchronized (claim 4).
Regarding claim 5 12,362,899 discloses the industrial system according to claim 1, wherein the primary switch and the secondary switch are implemented with a IEEE 802.1Qbv time-aware scheduler to schedule static time windows and dynamic time windows (claim 5).
Regarding claim 6 12,362,899 discloses the industrial system according to claim 1, wherein the primary clock and the secondary clock are synchronized based on Precision Time Protocol (claim 6).
Regarding claim 7 12,362,899 discloses the industrial system according to claim 1, wherein the primary clock is able to be synchronized in time based on a Generalized Precision Time Protocol in a time domain which other cluster managers belong to (claim 7).
Regarding claim 8 12,362,899 discloses the industrial system according to claim 1, wherein the message further comprises an error-detecting code to determine if the message contains errors (claim 8).
Regarding claim 9 12,362,899 discloses a method for controlling backplane communication of an industrial system, the method comprising:
generating, by a primary control module linked to a primary switch, a pulse via a transmission port on a unidirectional communication line (claim 10);
receiving, by a cluster manager and at least one Input/Output (I/O) module, a pulse from a primary control module, wherein the unidirectional communication line comprises a physical medium physically linking the cluster manager to the I/O module;
creating, by the primary control module, upon reception of the pulse, a primary timestamp from a primary clock of a primary switch (claim 10);
creating, by the secondary control module linked to a secondary switch and upon reception of the pulse, a secondary timestamp from a secondary clock of the secondary switch (claim 10);
sending, by the primary control module, a message via the transmission port on the unidirectional communication line to the secondary control module, the message comprising the primary timestamp (claim 10);
synchronizing, by the secondary control module, upon reception of the message, the secondary clock with the primary clock based on the primary timestamp and secondary timestamp (claim 10).
Regarding claim 10 12,362,899 discloses a non-transitory computer-readable medium comprising instructions that are executable by a computing device to perform operations comprising (claim 11):
generating, by a primary control module linked to a primary switch, a pulse via a transmission port on a unidirectional communication line (claim 10);
receiving, by a cluster manager and at least one Input/Output (I/O) module, a pulse from a primary control module, wherein the unidirectional communication line comprises a physical medium physically linking the cluster manager to the I/O module (claim 10);
creating, by the primary control module, upon reception of the pulse, a primary timestamp from a primary clock of a primary switch (claim 10);
creating, by the secondary control module linked to a secondary switch and upon reception of the pulse, a secondary timestamp from a secondary clock of the secondary switch (claim 10);
sending, by the primary control module, a message via the transmission port on the unidirectional communication line to the secondary control module, the message comprising the primary timestamp (claim 10);
synchronizing, by the secondary control module, upon reception of the message, the secondary clock with the primary clock based on the primary timestamp and secondary timestamp (claim 10).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bush (US Patent Application Publication 2024/0334256) in view of Bastug et al. (US Patent Application Publication 2022/0272035; hereinafter Bastug).
Regarding claim 1 Bush discloses an industrial system for controlling backplane communication (fig. 1, for example), comprising:
a cluster manager comprising a primary switch linked to a primary control module; at least one Input/Output (I/O) module comprising a secondary switch linked to a secondary control module; and a communication line comprising a physical medium linking the cluster manager to the at least one I/O module through one or more passive base plates (paragraphs 0016-0018; a scheduler device (or manager) connected to node 105, which comprises a primary switch 104 and connected to configurator 108 and scheduler 110, with I/O modules that interconnect the multiple network nodes through base plates that are inherent in switch devices, and via links 103/202),
wherein the cluster manager comprises a transmission port and a reception port on the communication line and the at least one I/O module comprises a reception port on the unidirectional communication line (figures 1 and 2; see interconnection of TSN switches),
wherein the primary control module is configured to generate a pulse via the transmission port on the unidirectional communication line (paragraphs 0022-0023; generating a gPTP messages),
wherein, upon reception of the pulse, received by the cluster manager and the at least one I/O module, the primary control module is configured to create a primary timestamp from a primary clock of the primary switch and the secondary control module is configured to create a secondary timestamp from a secondary clock of the secondary switch (paragraphs 0022-0026, 0038-0040; a first message comprises a timestamp provided by the grandmaster clock, each device timestamps the message upon receipt),
wherein the primary control module is configured to send a message via the transmission port on the communication line to the secondary control module, the message comprising the primary timestamp (paragraphs 0022-0023; communicating the gPTP message to the other switches in the network), and
wherein, upon reception of the message, the secondary control module is configured to synchronize the secondary clock with the primary clock based on the primary timestamp and secondary timestamp (paragraphs 0022-0024; wherein the other switches in the network timestamp the message and clocks are synchronized by using the timestamps, pulling the devices back into alignment).
Bush fails to explicitly disclose but Bastug, in the same field of endeavor related to time-sensitive networks, discloses a unidirectional communication line (paragraph 0034). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Bush with the teachings of Bastug, in order to improve network performance (Bastug: paragraph 0039).
Regarding claim 2 Bush discloses the industrial system according to claim 1, wherein the primary timestamp and the secondary timestamp are created simultaneously (paragraphs 0022-0027; clock drift induced by gravitational time dilation seems negligible).
Regarding claim 3 Bush discloses the industrial system according to claim 1, wherein the cluster manager is further linked to the at least one I/O module via a multipoint communication line allowing the cluster manager to transmit data in frames on the multipoint communication line at scheduled time windows to the at least one I/O module when the primary clock and the secondary clock are synchronized (paragraphs 0022-0028; traffic communicated via time-scheduled time window).
Regarding claim 4 Bush discloses the industrial system according to claim 1, wherein the primary switch and the secondary switch comprise Time Sensitive Networking switches (paragraphs 0017-0019; time-sensitive network switches seen in figures 1 and 2).
Regarding claim 5 Bush discloses the industrial system according to claim 1, wherein the primary switch and the secondary switch are implemented with a IEEE 802.1Qbv time-aware scheduler to schedule static time windows and dynamic time windows (paragraphs 0034, 0051, 0076; TSN traffic conforming to IEEE 802.1Qbv).
Regarding claim 6 Bush discloses the industrial system according to claim 1, wherein the primary clock and the secondary clock are synchronized based on Precision Time Protocol (paragraphs 0022-0024, 0035, 0040; gPTP standard).
Regarding claim 7 Bush discloses the industrial system according to claim 1, wherein the primary clock is able to be synchronized in time based on a Generalized Precision Time Protocol in a time domain which other cluster managers belong to (paragraphs 0022-0024, 0035, 0040; gPTP standard).
Regarding claim 8 Bush discloses the industrial system according to claim 1, wherein the message further comprises an error-detecting code to determine if the message contains errors (paragraphs 0036-0038; df value used to measure clock errors).
Regarding claim 9 Bush discloses a method for controlling backplane communication of an industrial system, the method comprising:
generating, by a primary control module linked to a primary switch, a pulse via a transmission port on a communication line (paragraphs 0022-0023; generating a gPTP messages);
receiving, by a cluster manager and at least one Input/Output (I/O) module, a pulse from a primary control module, wherein the communication line comprises a physical medium physically linking the cluster manager to the I/O module (paragraphs 0022-0026, 0038-0040; generating a gPTP message, a first message comprises a timestamp provided by the grandmaster clock, each device timestamps the message upon receipt);
creating, by the primary control module, upon reception of the pulse, a primary timestamp from a primary clock of a primary switch (paragraphs 0022-0026, 0038-0040; a first message comprises a timestamp provided by the grandmaster clock);
creating, by the secondary control module linked to a secondary switch and upon reception of the pulse, a secondary timestamp from a secondary clock of the secondary switch (paragraphs 0022-0026, 0038-0040; a first message comprises a timestamp provided by the grandmaster clock, each device timestamps the message upon receipt);
sending, by the primary control module, a message via the transmission port on the communication line to the secondary control module, the message comprising the primary timestamp (paragraphs 0022-0023; communicating the gPTP message to the other switches in the network);
synchronizing, by the secondary control module, upon reception of the message, the secondary clock with the primary clock based on the primary timestamp and secondary timestamp (paragraphs 0022-0024; wherein the other switches in the network timestamp the message and clocks are synchronized by using the timestamps, pulling the devices back into alignment).
Bush fails to explicitly disclose but Bastug, in the same field of endeavor related to time-sensitive networks, discloses a unidirectional communication line (paragraph 0034). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Bush with the teachings of Bastug, in order to improve network performance (Bastug: paragraph 0039).
Regarding claim 10 Bush discloses a non-transitory computer-readable medium comprising instructions that are executable by a computing device to perform operations comprising (paragraph 0090; instructions that are stored in a computer memory or non-transitory computer readable storage medium and that are executed by one or more processors):
generating, by a primary control module linked to a primary switch, a pulse via a transmission port on a communication line (paragraphs 0022-0023; generating a gPTP messages);
receiving, by a cluster manager and at least one Input/Output (I/O) module, a pulse from a primary control module, wherein the communication line comprises a physical medium physically linking the cluster manager to the I/O module (paragraphs 0022-0026, 0038-0040; generating a gPTP message, a first message comprises a timestamp provided by the grandmaster clock, each device timestamps the message upon receipt);
creating, by the primary control module, upon reception of the pulse, a primary timestamp from a primary clock of a primary switch (paragraphs 0022-0026, 0038-0040; a first message comprises a timestamp provided by the grandmaster clock);
creating, by the secondary control module linked to a secondary switch and upon reception of the pulse, a secondary timestamp from a secondary clock of the secondary switch (paragraphs 0022-0026, 0038-0040; a first message comprises a timestamp provided by the grandmaster clock, each device timestamps the message upon receipt);
sending, by the primary control module, a message via the transmission port on the communication line to the secondary control module, the message comprising the primary timestamp (paragraphs 0022-0023; communicating the gPTP message to the other switches in the network);
synchronizing, by the secondary control module, upon reception of the message, the secondary clock with the primary clock based on the primary timestamp and secondary timestamp (paragraphs 0022-0024; wherein the other switches in the network timestamp the message and clocks are synchronized by using the timestamps, pulling the devices back into alignment).
Bush fails to explicitly disclose but Bastug, in the same field of endeavor related to time-sensitive networks, discloses a unidirectional communication line (paragraph 0034). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Bush with the teachings of Bastug, in order to improve network performance (Bastug: paragraph 0039).
Regarding claim 11 Bush discloses the method of claim 9, wherein the primary timestamp and the secondary timestamp are created simultaneously (paragraphs 0022-0027; clock drift induced by gravitational time dilation seems negligible).
Regarding claim 12 Bush discloses the method of claim 9, wherein the cluster manager is further linked to the at least one I/O module via a multipoint communication line allowing the cluster manager to transmit data in frames on the multipoint communication line at scheduled time windows to the at least one I/O module when the primary clock and the secondary clock are synchronized (paragraphs 0022-0028; traffic communicated via time-scheduled time window).
Regarding claim 13 Bush discloses the method of claim 9, wherein the primary switch and the secondary switch comprise Time Sensitive Networking switches (paragraphs 0017-0019; time-sensitive network switches seen in figures 1 and 2).
Regarding claim 14 Bush discloses the method of claim 9, wherein the primary switch and the secondary switch are implemented with a IEEE 802.1Qbv time-aware scheduler to schedule static time windows and dynamic time windows (paragraphs 0034, 0051, 0076; TSN traffic conforming to IEEE 802.1Qbv).
Regarding claim 15 Bush discloses the method of claim 9, wherein the primary clock and the secondary clock are synchronized based on Precision Time Protocol (paragraphs 0022-0024, 0035, 0040; gPTP standard).
Regarding claim 16 Bush discloses the method of claim 9, wherein the primary clock is able to be synchronized in time based on a Generalized Precision Time Protocol in a time domain which other cluster managers belong to (paragraphs 0022-0024, 0035, 0040; gPTP standard).
Regarding claim 17 Bush discloses the method of claim 9, wherein the message further comprises an error-detecting code to determine if the message contains errors (paragraphs 0036-0038; df value used to measure clock errors).
Citation of Pertinent Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US PGPUB 2024/0267144 to Patel et al. – that discloses techniques for improving time synchronization accuracy in a wireless network, such as when a wireless network and a wireless device are utilized to deliver highly accurate timing information from a time-sensitive network (TSN).
US PGPUB 2021/0400610 to Aijaz – which discloses a grandmaster clock is designated in one portion of the network and can be propagated across to the other portion by means of a timing synchronization message. This message may include timestamping information and other information to enable recipient devices to correctly synchronize to the grandmaster clock.
US PGPUB 2020/0259896 to Sachs et al. – that teaches enhancing performance in Industrial Internet-of-Things (IIoT) scenarios, including techniques for time-sensitive networking (TSN) and 5G wireless network integration.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Aixa A Guadalupe-Cruz whose telephone number is (571)270-7523. The examiner can normally be reached Monday - Thursday 6AM - 4:00PM.
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/Aixa Guadalupe-Cruz/
Examiner
Art Unit 2466
/FARUK HAMZA/Supervisory Patent Examiner, Art Unit 2466
Prosecution Insights