Prosecution Insights
Last updated: April 19, 2026
Application No. 18/425,206

TIME SYNCHRONIZATION USING A MANAGEMENT CONTROLLER AND AN OUT OF BAND COMMUNICATION CHANNEL

Non-Final OA §103
Filed
Jan 29, 2024
Examiner
LA, PHONG
Art Unit
2469
Tech Center
2400 — Computer Networks
Assignee
DELL PRODUCTS, L.P.
OA Round
1 (Non-Final)
89%
Grant Probability
Favorable
1-2
OA Rounds
2y 6m
To Grant
99%
With Interview

Examiner Intelligence

Grants 89% — above average
89%
Career Allow Rate
435 granted / 488 resolved
+31.1% vs TC avg
Moderate +12% lift
Without
With
+12.1%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
30 currently pending
Career history
518
Total Applications
across all art units

Statute-Specific Performance

§101
3.0%
-37.0% vs TC avg
§103
56.6%
+16.6% vs TC avg
§102
15.2%
-24.8% vs TC avg
§112
15.1%
-24.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 488 resolved cases

Office Action

§103
DETAILED ACTION This office action is in reply communication filed on 01/29/2024. Claims 1-20 are pending. 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 . 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 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) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made. The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. Claims 1, 5, 11, 15-16, and 20 are rejected under 35 U.S.C. 103 unpatentable over KAMIHO (JP 2011151571) in view of LIN et al. (CN 112004263). Regarding claim 1, KAMIHO discloses a method for managing a data processing system [See Fig. 2, page 3 line 7 to page 5 line 13; a method of a content distribution system 1], the method comprising: obtaining, by a management controller of the data processing system, a true time value from a trusted time server [See Fig. 2, page 3 lines 34-35; reception time acquisition unit 23 of distribution server device 2 acquires the true value of the reception time based on the received time information, wherein the time information received from the NTP server device 4//trust server]; servicing, by the management controller and via a side band communication channel, a time request from hardware resources of the data processing system using the true time value [page 4 lines 25-26; transmission request receiving unit 27 of the distribution server device 2//management controller receives a transmission request from the terminal device 3/ (hardware resources)]; and providing, by the hardware resources, computer-implemented services using, at least in part, the true time value [See page 5 line 43 to page 6 line 6; the terminal device 3/(hardware resources) outputs the content represented by the encoded content information via the output device by decoding the received encoded content information at the basic encoding rate b .sub.0; wherein the data amount of the generated encoded content information is measured by the true value]. KAMIHO does not explicitly disclose obtaining, by a management controller of the data processing system “and via an out of band communication channel”, a true time value from a trusted time server. However, LIN discloses obtaining, by a management controller of the data processing system and via an out of band communication channel, a true time value from a trusted time server [See Fig. 1, page 7 lines 19-20; step S106, repeating step S102 to S104, sequentially the time delay value of different frequency point, and taking the time delay value/(true time value) of one frequency point (such as the central channel) as the standard, obtaining the time delay relative value of other frequency points/(out of band communication channel) to the frequency point, namely obtaining the group delay fluctuation in fstart to fstop frequency bandwidth]; providing, by the hardware resources, computer-implemented services using, at least in part, the true time value [See page 7 lines 9-21; universal hardware platform, can be through hardware, but in many cases the former is a better implementation manner]. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filling date of the claimed invention was made to provide “obtaining, by a management controller of the data processing system and via an out of band communication channel, a true time value from a trusted time server” as taught by LIN in the system of KAMIHO, so that it would to provide a reliability requirement associated with high priority data that is scheduled to be transmitted using the CG [see LIN; page 2 lines 42-44]. Regarding claim 5, the combined system of KAMIHO and LIN discloses the method of claim 1. KAMIHO does not explicitly disclose wherein the true time value is provided to the management controller by a network module of the data processing system via the out of band communication channel. However, LIN discloses wherein the true time value is provided to the management controller by a network module of the data processing system via the out of band communication channel [See Fig. 2, page 7 lines 37-41; provided to the calibration file generating module 300, the signal receiving module and the signal processing module to obtain the time delay value of different frequency points/(via the out of band communication channel) of the bandwidth to be calibrated, generating a group time delay fluctuation calibration file based on the time delay value]. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filling date of the claimed invention was made to provide “wherein the true time value is provided to the management controller by a network module of the data processing system via the out of band communication channel” as taught by LIN in the system of KAMIHO, so that it would to provide a reliability requirement associated with high priority data that is scheduled to be transmitted using the CG [see LIN; page 2 lines 42-44]. Regarding claim 15, the claim recites the non-transitory machine-readable medium of claim 11 to perform the method recited as in claim 5; therefore, claim 15 is rejected along the same rationale that rejected in claim 5. Regarding claim 20, the claim recites the data processing system of claim 16 to perform the method recited as in claim 5; therefore, claim 20 is rejected along the same rationale that rejected in claim 5. Claims 4, 7, 14, and 19 are rejected under 35 U.S.C. 103 unpatentable over KAMIHO (JP 2011151571) in view of LIN et al. (CN 112004263), and further in view of Boejer et al. (US 2009/0054075). Regarding claim 4, the combined system of KAMIHO and LIN discloses the method of claim 1, but does not explicitly disclose wherein the trusted time server maintains a globally-implemented time standard and provides information regarding the globally-implemented time standard. However, Boejer discloses wherein the trusted time server maintains a globally-implemented time standard and provides information regarding the globally-implemented time standard [¶¶ 134, 136; wherein the system operates to get time from GPS Engine (GE) and maintain it in Cellular Engine (CE)/ (trusted time server) synchronized to cellular network]. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filling date of the claimed invention was made to provide “wherein the trusted time server maintains a globally-implemented time standard and provides information regarding the globally-implemented time standard” as taught by Boejer in the combined system of KAMIHO and LIN, so that it would to reducing the cost of manufacture and device and system power dissipation and increasing speed of operation without compromising performance are important goals in DSPs, other processors, integrated circuits generally and system-on-a-chip (SOC) and other system design [see Boejer; ¶ 11]. Regarding claim 7, the combined system of KAMIHO and LIN discloses the method of claim 5, but does not explicitly disclose wherein the management controller and the network module are on separate power domains from the hardware resources so that the management controller and the network module are operable while the hardware resources are inoperable. However, Boejer discloses wherein the management controller and the network module are on separate power domains from the hardware resources so that the management controller and the network module are operable while the hardware resources are inoperable [¶¶ 267, 354; wherein the management controller and the network module are on separate power domains from the hardware resources so that the management controller and the network module are operable while the hardware resources are inoperable]. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filling date of the claimed invention was made to provide “wherein the management controller and the network module are on separate power domains from the hardware resources so that the management controller and the network module are operable while the hardware resources are inoperable” as taught by Boejer in the combined system of KAMIHO and LIN, so that it would to reducing the cost of manufacture and device and system power dissipation and increasing speed of operation without compromising performance are important goals in DSPs, other processors, integrated circuits generally and system-on-a-chip (SOC) and other system design [see Boejer; ¶ 11]. Regarding claim 14, the claim recites the non-transitory machine-readable medium of claim 11 to perform the method recited as in claim 4; therefore, claim 14 is rejected along the same rationale that rejected in claim 4. Regarding claim 19, the claim recites the data processing system of claim 16 to perform the method recited as in claim 4; therefore, claim 19 is rejected along the same rationale that rejected in claim 4. Claims 8-9 are rejected under 35 U.S.C. 103 unpatentable over KAMIHO (JP 2011151571) in view of LIN et al. (CN 112004263), and further in view of Gallant et al. (US 2007/0067466). Regarding claim 8, the combined system of KAMIHO and LIN discloses the method of claim 5, but does not explicitly disclose wherein the out of band communication channel runs through the network module, and an in band communication channel that services the hardware resources also runs through the network module. However, Gallant wherein the out of band communication channel runs through the network module, and an in band communication channel that services the hardware resources also runs through the network module [See Fig. 1, ¶ 22; wherein the out of band communication channel runs through the network module, and an in band communication channel that services the hardware resources also runs through the network module]. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filling date of the claimed invention was made to provide “wherein the out of band communication channel runs through the network module, and an in band communication channel that services the hardware resources also runs through the network module” as taught by Boejer in the combined system of KAMIHO and LIN, so that it would to incapable of allowing a root user or primary administrator to set permissions and otherwise control access to the storage subsystem information from different channels or networks through a unified control facility [see Boejer; ¶ 5]. Regarding claim 9, the combined system of KAMIHO and LIN discloses the method of claim 5, but does not explicitly disclose wherein the network module hosts a transmission control protocol/internet protocol (TCP/IP) stack to facilitate network communications via the out of band communication channel. However, Gallant wherein the network module hosts a transmission control protocol/internet protocol (TCP/IP) stack to facilitate network communications via the out of band communication channel [See ¶22; an out-of-band communication network 120 include a local area network (LAN) or other transmission control protocol/Internet protocol (TCP/IP) network]. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filling date of the claimed invention was made to provide “wherein the network module hosts a transmission control protocol/internet protocol (TCP/IP) stack to facilitate network communications via the out of band communication channel” as taught by Boejer in the combined system of KAMIHO and LIN, so that it would to incapable of allowing a root user or primary administrator to set permissions and otherwise control access to the storage subsystem information from different channels or networks through a unified control facility [see Boejer; ¶ 5]. Allowable Subject Matter Claims 2-3, 6, 10, 12-13, and 17-18 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Conclusion In additional to references cited that are used for rejection as set forth above, Hsieh ET AL. (US 2025/0086200) is also considered as relevant prior arts for rejection of in claims 1, 11, and 16 (Fig. 1, 8, ¶¶ 63-67, 115-121). Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHONG LA whose telephone number is (571) 272-2588. The examiner can normally be reached on Monday through Friday from 7:30 A.M. to 4:00 P.M. (EST). If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, IAN MOORE can be reached on 571-272-3085. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /PHONG LA/Primary Examiner, Art Unit 2469
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Prosecution Timeline

Jan 29, 2024
Application Filed
Feb 19, 2026
Non-Final Rejection — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
89%
Grant Probability
99%
With Interview (+12.1%)
2y 6m
Median Time to Grant
Low
PTA Risk
Based on 488 resolved cases by this examiner. Grant probability derived from career allow rate.

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