Prosecution Insights
Last updated: May 29, 2026
Application No. 18/490,836

CONTROL SYSTEM AND CONTROL DEVICE

Final Rejection §102§103
Filed
Oct 20, 2023
Priority
Feb 14, 2023 — JP 2023-020804
Examiner
BROCKMAN, ANGEL T
Art Unit
2412
Tech Center
2400 — Computer Networks
Assignee
Kabushiki Kaisha Toshiba
OA Round
2 (Final)
82%
Grant Probability
Favorable
3-4
OA Rounds
1m
Est. Remaining
88%
With Interview

Examiner Intelligence

Grants 82% — above average
82%
Career Allowance Rate
594 granted / 727 resolved
+23.7% vs TC avg
Moderate +6% lift
Without
With
+6.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
18 currently pending
Career history
749
Total Applications
across all art units

Statute-Specific Performance

§101
0.7%
-39.3% vs TC avg
§103
82.6%
+42.6% vs TC avg
§102
7.6%
-32.4% vs TC avg
§112
0.6%
-39.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 727 resolved cases

Office Action

§102 §103
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 . Response to Amendment Claims 1-4 and 7-10 were formerly rejected under 35 U.S.C. 102 (a) (1). Pursuant to applicant’s amendments, these rejections have been withdrawn. Claims 5 and 6 were formerly objected to. Pursuant to applicant’s amendments, these rejections have been withdrawn. Response to Arguments Applicant’s arguments, see Remarks , filed January 22,2026, with respect to the rejection(s) of claim(s) 1-4 and 7-10 under 35 U.S.C. 102 (a) (1) have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Masui (US 2006/0156011 A1, hereinafter Masui). Claim Rejections - 35 USC § 103 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. Claims 1-4 and 7-10 are rejected under 35 U.S.C. 103 (a) as being unpatentable over Loomis et al. (US 2008/0218401 A1, hereinafter Loomis) in view of Masui (US 2006/0156011 A1, hereinafter Masui). Regarding claim 1, Loomis discloses a control system comprising: first and second control devices communicably connected via a network (figures 2-3), wherein the first control device includes (¶[0031]-¶[0033], ¶[0047]): a Management unit that manages global time (¶[0002]., ¶[0004], ¶[0011], figure 3); a first generation unit that generates local time (¶|0011], ¶[0039], ¶[0043], the clock 23 provides an approximate time and date and provides an event time tag for the time in the device that the GPS signals were received ); a control unit that controls an operation of the first control device based on the global time, the local time, and operation control information defining the operation of the first control device (¶[0047], ¶[0058]-¶[0059], ¶0070], ¶[0073]-¶[0074],¶[0050], GPS sample processor); and a second generation unit that generates time error information indicating a time error based on the global time and the local time, and the second control device includes (¶[0010]-¶[0011],¶[0043],¶[0079], the event data file medium has an approximate time tag differing from GNSS clock time by a receiver time error and that receiver time error is calculated form the time tag and resolved GNSS time): an acquisition unit that acquires the generated time error information from the first control device; (9[0053], The PRN replica generators (¶0031]-¶[0033], ¶[0047],¶[0011], the event time calibrator 76 uses the receiver time error resolved by the GPS matirix resolver 60 for calibrating a new GNSS signal time tag for offsetting the time tag and the receiver time error may be used to reduce time or number iterations for convergence , ¶[0070],¶[0126]), Loomis does not disclose the operation control information includes operation time indicating a length time of time during which the control device operates and a correction unit that corrects the operation control information based on the generated time error information . Masui discloses the operation control information includes operation time indicating a length time of time during which the control device operates and a correction unit that corrects the operation control information based on the generated time error information (abstract, ¶[0013],¶[0015],¶[0027],¶[0030],¶[0032],¶[0051]). Thus, it would have been obvious to one of ordinary skill in the art at the time of invention to modify Loomis to include operation time indicating a length of time based on the generated time error information as taught by Masui because correcting scheduled or designate operation time based on detected timing error was a known technique for improving timing accuracy and predictable operation in network control devices. Regarding claim 2, Loomis discloses, wherein the first generation unit generates the local time for each clock included in the first control device (¶[0050]), and the second generation unit generates the time error information for each local time (11[0053]) Regarding claim 3, Loomis discloses wherein the operation control information includes 30 operation time indicating a length of time during which the first control device operates (¶[0053], wherein the replica signal includes the length of time first control device operates ), and the correction unit changes the operation time included in the operation control information based on the generated time error information (¶[0053], wherein the replica clocking offset includes the time error information). Regarding claim 4, Loomis discloses wherein the changed operation time includes at least one of time of an operation for one cycle performed with reference to the global time and time of an operation performed with reference to the local time during the time of the operation for one cycle (¶[0052], wherein the GPS signal includes the global time and the local signals include the local time) Regarding claim 7, Loomis discloses , wherein the operation control information includes scheduling information indicating a schedule in which a processor included in the first control device executes processing in a unit of a task, a process, or a thread (¶[0050] includes the process (¶[0011])). Regarding claim 8, Loomis discloses wherein the first control device further includes a determination unit that determines whether a time error indicated by the time error information satisfies a predetermined condition, and the time error information is transmitted from the first control device to the second control device when it is determined that the time error satisfies the condition (¶[0053]) Regarding claim 9, Loomis discloses a control system comprising: first and second control devices communicably connected via a network (¶[0011], ¶[0052]), wherein the first control device includes: Management unit that manages global time (figure 3); a first generation unit that generates local time (¶[0052]); a control unit that controls an operation of the first control device based on the global time, the local time, and operation control information defining the operation of the first control device; and a second generation unit that generates time error information indicating a time error based on the global time and the local time (¶[0052]), and the second control device includes: an acquisition unit that acquires the generated time error information from the first control device; (¶[0052]-¶[0053]) and ¶[0051]-¶[0053]). Loomis does not disclose an output unit that outputs identification information for identifying the first control device in a case where a time error indicated by the acquired time error information satisfies a predetermined condition or the operation control information includes operation time indicating a length of time during which the first control device operates. Masui discloses an output unit that outputs identification information for identifying the first control device in a case where a time error indicated by the acquired time error information satisfies a predetermined condition (¶[0033]-¶[0034]) and the operation control information includes operation time indicating a length of time during which the first control device operates (¶[0054], claim 4). Thus, it would have been obvious to one of ordinary skill in the art at the time of invention to modify Loomis to include operation time indicating a length of time based on the generated time error information as taught by Masui because correcting scheduled or designate operation time based on detected timing error was a known technique for improving timing accuracy and predictable operation in network control devices. Regarding claim 10, Loomis discloses a control device communicably connected to another control device via a network, the control device comprising: a Management unit that manages global time (910052]); a first generation unit that generates local time control unit that controls an operation of the control device based on the global time, the local time, and operation control information defining an operation of the control device (910052]); and a second generation unit that generates time error information indicating a time error based on the global time and the local time (¶[0052]-¶[0053]). Loomis does not disclose wherein the operation control information includes operation time indicating a length of time during which the control device operates or the operation control information is corrected based on the time error information in the other control device . Masui discloses wherein the operation control information includes operation time indicating a length of time during which the control device operates and corrected based on the time error information in the other control device (¶[0030]- ¶[0032],¶[0046]-¶[0047],¶[0054]) . Thus, it would have been obvious to one of ordinary skill in the art at the time of the invention to modify Loomis so that the operation time indicating a length of time during which the control device operates and so that the operation time indicating a length of time during which the control device operates and so that the operation time included in the the operation control information is corrected based on time error information in the other control device as taught by Masui, because correcting designated execution time according to corrected time was a known way to preserve intended operation timing when device clocks are adjusted. Claims 5, 11-14 are rejected under 35 U.S.C. 103 as being unpatentable over Loomis and Masui in view of Sharma (US 10,511,455 B2, hereinafter Sharma). Regarding claim 5, Loomis and Masui disclose all subject matter of the claimed invention with the exception of wherein the operation control information includes gate control information in which opening and closing of a gate corresponding to each of a plurality of queues are set. Sharma discloses wherein the operation control information includes gate control information in which opening and closing of a gate corresponding to each of a plurality of queues are set (column 6, lines 45-67; column 7, lines 10-35). Thus, it would have been obvious to one of ordinary skill in the art at the time of invention to make the proposed modification of the known gate control scheduling of queues according to known methods to yield predictable results of improved time coordinated control of queued operations which is a predictable use of prior art elements according to their established functions. Regarding claim 11, Loomis discloses a control system comprising (figure 2, ¶[0023]): first and second control devices communicably connected via a network (¶[0023], figure 2), wherein the first control device includes:a management unit that manages global time (¶[0023], FIGURE 3, GPS TIME); a first generation unit that generates local time (¶[0024]); a control unit that controls an operation of the first control device based on the global time, the local time, and operation control information defining the operation of the first control device (¶[0011],¶[0031]); and a second generation unit that generates time error information indicating a time error based on the global time and the local time (¶[0031]). Loomis does not disclose the second control device includes: an acquisition unit that acquires the generated time error information from the first control device; , and the operation control information includes gate control information in which opening and closing of a gate corresponding to each of a plurality of queues are set. Masui discloses and a correction unit that corrects the operation control information based on the acquired time error information (¶[0070]-¶[0072]. Thus, it would have been obvious to one of ordinary skill in the art at the time of invention to modify Loomis to include operation time indicating a length of time based on the generated time error information as taught by Masui because correcting scheduled or designate operation time based on detected timing error was a known technique for improving timing accuracy and predictable operation in network control devices. Loomis and Masui does not disclose and the operation control information includes gate control information in which opening and closing of a gate corresponding to each of a plurality of queues are set. Shamar discloses and the operation control information includes gate control information in which opening and closing of a gate corresponding to each of a plurality of queues are set (column 6, lines 45-67; column 7, lines 10-35). Thus, it would have been obvious to one of ordinary skill in the art at the time of invention to make the proposed modification of the known gate control scheduling of queues according to known methods to yield predictable results of improved time coordinated control of queued operations which is a predictable use of prior art elements according to their established functions. . Regarding claim 13, Loomis discloses a control system comprising (figure 2, ¶[0023]): first and second control devices communicably connected via a network, wherein the first control device includes:a management unit that manages global time ; (figure 2, ¶[0023]) a second generation unit that generates time error information indicating a time error based on the global time and the local time (¶[0011],¶[0031]), the second control device includes: Loomis does not disclose an acquisition unit that acquires the generated time error information from the first control device; and an output unit that outputs identification information for identifying the first control device in a case where a time error indicated by the acquired time error information satisfies a predetermined condition, and the operation control information includes gate control information in which opening and closing of a gate corresponding to each of a plurality of queues are set. Masui discloses an output unit that outputs identification information for identifying the first control device in a case where a time error indicated by the acquired time error information satisfies a predetermined condition (¶[0033]-¶[0034]) and the operation control information includes operation time indicating a length of time during which the first control device operates (¶[0054], claim 4). Thus, it would have been obvious to one of ordinary skill in the art at the time of invention to modify Loomis to include operation time indicating a length of time based on the generated time error information as taught by Masui because correcting scheduled or designate operation time based on detected timing error was a known technique for improving timing accuracy and predictable operation in network control devices. . Loomis and Masui do not disclose and the operation control information includes gate control information in which opening and closing of a gate corresponding to each of a plurality of queues are set. Shamar discloses and the operation control information includes gate control information in which opening and closing of a gate corresponding to each of a plurality of queues are set (column 6, lines 45-67; column 7, lines 10-35). Thus, it would have been obvious to one of ordinary skill in the art at the time of invention to make the proposed modification of the known gate control scheduling of queues according to known methods to yield predictable results of improved time coordinated control of queued operations which is a predictable use of prior art elements according to their established functions. Claims 6, 12 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Loomis and Masui in view of Cota-Robles et al. (US 7,356,817 B1, hereinafter Cota). Regarding claim 6, Loomis and Masui disclose all subject matter of the claimed invention with the exception of wherein the control information includes scheduling information indicating a schedule in which a processor included in the first control device executes processing in a unit of a virtual machine. Cota discloses the operation control information includes scheduling information indicating a schedule in which a processor included in the first control device executes processing in a unit of a virtual machine (columns 4-6). Thus, it would have been obvious to one of ordinary skill in the art at the time of invention to make the proposed modification of Cota along with the system of Loomis and Masui to further refine control timing behavior by applying known scheduling techniques to synchronized systems. Regarding claim 12, Loomis discloses a control system comprising (figure 2, ¶[0023]): first and second control devices communicably connected via a network (figure 2, ¶[0023]), wherein the first control device includes: a management unit that manages global time (figure 3,¶[0023]) ; a first generation unit that generates local time (¶[0024]); a control unit that controls an operation of the first control device based on the global time, the local time, and operation control information defining the operation of the first control device (¶[0011],¶[0031]); and a second generation unit that generates time error information indicating a time error based on the global time and the local time (¶[0031]). Loomis does not disclose the second control device includes: an acquisition unit that acquires the generated time error information from the first control device; and a correction unit that corrects the operation control information based on the acquired time error information and the operation control information includes scheduling information indicating a schedule in which a processor included in the first control device executes processing in a unit of a virtual machine. Masui discloses the second control device includes: an acquisition unit that acquires the generated time error information from the first control device (¶[0033]); and a correction unit that corrects the operation control information based on the acquired time error information (¶[0070]-¶[0072]). Thus, it would have been obvious to one of ordinary skill in the art at the time of invention to modify Loomis to include operation time indicating a length of time based on the generated time error information as taught by Masui because correcting scheduled or designate operation time based on detected timing error was a known technique for improving timing accuracy and predictable operation in network control devices. Loomis and Masui do not disclose the operation control information includes scheduling information indicating a schedule in which a processor included in the first control device executes processing in a unit of a virtual machine. Cota discloses the operation control information includes scheduling information indicating a schedule in which a processor included in the first control device executes processing in a unit of a virtual machine (columns 4-6). Thus, it would have been obvious to one of ordinary skill in the art at the time of invention to make the proposed modification of Cota along with the system of Loomis and Masui to further refine control timing behavior by applying known scheduling techniques to synchronized systems. Regarding claim 14, Loomis discloses a control system comprising (figure 2, ¶[0023]): first and second control devices communicably connected via a network, (figure 2, ¶[0023]) wherein the first control device includes: a management unit that manages global time (¶[0023], figure 3); a first generation unit that generates local time (¶[0023]); a control unit that controls an operation of the first control device based on the global time, the local time, and operation control information defining the operation of the first control device; and a second generation unit that generates time error information indicating a time error based on the global time and the local time (¶[0023]). Loomis does not disclose the second control device includes: an acquisition unit that acquires the generated time error information from the first control device; and an output unit that outputs identification information for identifying the first control device in a case where a time error indicated by the acquired time error information satisfies a predetermined condition, and the operation control information includes scheduling information indicating a schedule in which a processor included in the first control device executes processing in a unit of a virtual machine. Masui discloses an output unit that outputs identification information for identifying the first control device in a case where a time error indicated by the acquired time error information satisfies a predetermined condition (¶[0033]-¶[0034]) and the operation control information includes operation time indicating a length of time during which the first control device operates (¶[0054], claim 4). Thus, it would have been obvious to one of ordinary skill in the art at the time of invention to modify Loomis to include operation time indicating a length of time based on the generated time error information as taught by Masui because correcting scheduled or designate operation time based on detected timing error was a known technique for improving timing accuracy and predictable operation in network control devices. Loomis and Masui do not disclose the operation control information includes scheduling information indicating a schedule in which a processor included in the first control device executes processing in a unit of a virtual machine. Cota discloses the operation control information includes scheduling information indicating a schedule in which a processor included in the first control device executes processing in a unit of a virtual machine(columns 4-6). Thus, it would have been obvious to one of ordinary skill in the art at the time of invention to make the proposed modification of Cota along with the system of Loomis and Masui to further refine control timing behavior by applying known scheduling techniques to synchronized systems. Conclusion Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANGEL T BROCKMAN whose telephone number is (571)270-5664. The examiner can normally be reached Monday-Thursday 5:00 AM-3:00 PM. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Charles Jiang can be reached at 571-270-7191. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /ANGEL T BROCKMAN/Examiner, Art Unit 2412
Read full office action

Prosecution Timeline

Oct 20, 2023
Application Filed
Oct 22, 2025
Non-Final Rejection mailed — §102, §103
Jan 22, 2026
Response Filed
Apr 03, 2026
Final Rejection mailed — §102, §103
May 21, 2026
Applicant Interview (Telephonic)
May 21, 2026
Examiner Interview Summary

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12634919
RESOURCE SCHEDULING METHOD, COMMUNICATION APPARATUS, AND TERMINAL DEVICE
2y 7m to grant Granted May 19, 2026
Patent 12593349
COMMUNICATION APPARATUS AND COMMUNICATION METHOD FOR PRIORITIZED TRAFFIC
2y 10m to grant Granted Mar 31, 2026
Patent 12574175
Data Transmission Method, Vehicle-Side Device, and Network Side Device
3y 6m to grant Granted Mar 10, 2026
Patent 12574918
FRAME EXCHANGE SEQUENCE AND NETWORK ALLOCATION VECTOR (NAV) PROTECTION
2y 4m to grant Granted Mar 10, 2026
Patent 12574949
SIDELINK SIGNAL POSITIONING COORDINATION BASED ON USER DEVICE CAPABILITY
1y 3m to grant Granted Mar 10, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

3-4
Expected OA Rounds
82%
Grant Probability
88%
With Interview (+6.5%)
2y 8m (~1m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 727 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month