Prosecution Insights
Last updated: April 19, 2026
Application No. 18/543,300

COMMUNICATION APPARATUS, CONTROL METHOD THEREFOR, AND STORAGE MEDIUM

Non-Final OA §103
Filed
Dec 18, 2023
Examiner
WU, JIANYE
Art Unit
2462
Tech Center
2400 — Computer Networks
Assignee
Canon Kabushiki Kaisha
OA Round
1 (Non-Final)
82%
Grant Probability
Favorable
1-2
OA Rounds
3y 1m
To Grant
97%
With Interview

Examiner Intelligence

Grants 82% — above average
82%
Career Allow Rate
696 granted / 851 resolved
+23.8% vs TC avg
Strong +15% interview lift
Without
With
+15.3%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
52 currently pending
Career history
903
Total Applications
across all art units

Statute-Specific Performance

§101
5.7%
-34.3% vs TC avg
§103
57.0%
+17.0% vs TC avg
§102
7.9%
-32.1% vs TC avg
§112
19.9%
-20.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 851 resolved cases

Office Action

§103
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 . 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 1-6 and 9-11 are rejected under 35 U.S.C. 103 as being unpatentable over Tsuboi (US 11838108 B2) in view of MATSUMOTO (JP 2024054943 A). For claim 1, Tsuboi discloses a communication apparatus connected to a time source apparatus via a first transmission path and a second transmission path (FIGs 1-8 and associated text, such as FIG. 4 showing a synchronization communication apparatus 103a or 103b connected to a time server 101 with first transmission path S405-S406 and a second transmission path S408-S49), the communication apparatus comprising: a communication unit (FIG. 2 with a communication process unit 205 or 206 in view of c3/l64-65 “FIG. 2 illustrates the hardware configuration of the synchronous communication apparatus 103b …”) configured to perform packet communication with the time source apparatus by using either the first transmission path or the second transmission path, the packet communication being compliant with Precision Time Protocol (PTP) (FIGs. 1-8, and the associated text, such as c1/l17-38 “One of the time synchronization methods using networks is the Precision Time Protocol (PTP), an Institute of Electrical and Electronics Engineers (IEEE) 1588 standard. The PTP functionality allows a PTP master apparatus with accurate time functionality that serves as a time synchronization master to transmit PTP packets including time to a PTP slave apparatus that serves as a time synchronization apparatus (a slave) and the PTP slave apparatus to receive the PTP packets, achieving time synchronization. …”); a first time synchronization unit configured to synchronize a time on the communication apparatus with a time on the time source apparatus the first transmission path in a case where a transmission path used for the packet communication is the first transmission path (FIG. 4 and associated text, such as step 405 in view of c7/l62-67 “In step S405, the synchronous communication apparatus 103a transmits a Delay Request packet to the time server 101 and holds a transmission time T3a of the Delay Request packet. The time server 101 that has received the Delay Request packet holds a reception time T4a of the Delay Request packet.”); a switching unit configured to switch the transmission path used for the packet communication in a case where a predetermined condition is satisfied (FIG. 4, such as accept a Delay Reuest.at step 407); and a second time synchronization unit configured to synchronize the time on the communication apparatus with the time on the time source apparatus by using a transmission delay value of the second transmission path different from the transmission delay value of the first transmission path in a case where the transmission path used for the packet communication is switched from the first transmission path to the second transmission path (FIG. 4 and associated text, such as step 407 in view of c8/l20-26 “In step S408, the synchronous communication apparatus 103a that has received the Delay Request packet forwards the Delay Request packet to the time server 101. Similarly to the Sync packet, in performing the forward process, the synchronous communication apparatus 103a holds a time (T3b1) when the Delay Request packet is received and a time (T3b2) when the Delay Request packet is transmitted.”). Tsuboi is silent but MATSUMOTO, in the same field of endeavor of data communication associated with PTP, discloses the PTP packet for timing information includes a transmission delay value (p8, 2nd para “PTP synchronization setting, an offset value for delay time correction in the transmission path, a transmission clock of the communication packet”). OOSA would have been motivated to apply the teaching of MATSUMOTO above to the PTP packet by Tsuboi to yield a predictable result of providing timing information. Therefore, it would have been obvious to OOSA before the effective filing date of the application to combine Tsuboi and MATSUMOTO for the benefit of providing timing information (p8, 2nd para of MATSUMOTO). Claim 10 is rejected because it is a claim of method that is performed by the communication apparatus of claim 1 and has the same subject matter. Claim 11 is rejected because it is a claim of non-transitory computer-readable storage medium storing a program performed by the communication apparatus of claim 1 and has the same subject matter. As to claim 2, Tsuboi in view of MATSUMOTO discloses claim 1, MATSUMOTO further discloses: a first calculation unit configured to calculate a plurality of transmission delay values at a plurality of timings by using time information obtained by the packet communication using the first transmission path and calculate an average value of the calculated plurality of transmission delay values as the transmission delay value of the first transmission path (p11, 2nd para, “The average transmission delay time is calculated using the following formula. {(t2-t1)+(t4-t3)}/2 = average transmission delay time”). The motivation of combining Tsuboi and MATSUMOTO is the same as stated in claim 1). As to claim 3, Tsuboi in view of MATSUMOTO discloses claim 1, further discloses: a second calculation unit configured to calculate a transmission delay value by using time information obtained by the packet communication using the second transmission path (MATSUMOTO, p11, 2nd para, “The average transmission delay time is calculated using the following formula. {(t2-t1)+(t4-t3)}/2 = average transmission delay time”), wherein the second time synchronization unit synchronizes the time on the communication apparatus with the time on the time source apparatus by using, as the transmission delay value of the second transmission path, the transmission delay value calculated first by the second calculation unit after the transmission path used for the packet communication is switched from the first transmission path to the second transmission path (Tsuboi, c8/l65-c9/l2 “Average transmission path delay between the time server 101 and the synchronous communication apparatus 103b is obtained as follows. Average transmission path delay=(((T4b−T1)−(T3b−T2b))−(Tr1a+Tr2))/2”). The motivation of combining Tsuboi and MATSUMOTO is the same as stated in claim 1. As to claim 4, Tsuboi in view of MATSUMOTO discloses claim 3, Tsuboi further discloses: wherein the second calculation unit calculates a plurality of transmission delay values at a plurality of timings by using the time information obtained by the packet communication using the second transmission path after the transmission path used for the packet communication is switched from the first transmission path to the second transmission path (Tsuboi, c8/l65-c9/l2 “Average transmission path delay between the time server 101 and the synchronous communication apparatus 103b is obtained as follows. Average transmission path delay=(((T4b−T1)−(T3b−T2b))−(Tr1a+Tr2))/2”), and wherein the second time synchronization unit synchronizes the time on the communication apparatus with the time on the time source apparatus by using, as the transmission delay value of the second transmission path, an average value of the plurality of transmission delay values calculated by the second calculation unit in the case where the transmission path used for the packet communication is switched from the first transmission path to the second transmission path (Tsuboi, c8/l65-c9/l2 “Average transmission path delay between the time server 101 and the synchronous communication apparatus 103b is obtained as follows. Average transmission path delay=(((T4b−T1)−(T3b−T2b))−(Tr1a+Tr2))/2”). The motivation of combining Tsuboi and MATSUMOTO is the same as stated in claim 1. As to claim 5, Tsuboi in view of MATSUMOTO discloses claim 1, discloses: a setting unit configured to set the transmission delay value of the second transmission path to a predetermined value before the transmission path used for the packet communication is switched from the first transmission path to the second transmission path (MATSUMOTO, FIG. 2 and associated text, such as p8, 1st para “… By receiving a control signal output by the state control unit 223, the bypass control unit 212 operates the switches 212a and 212b to control switching between the first path 212c and the second path 212d. FIG. 2 shows a state where the second path 212d is used.”), wherein the second time synchronization unit synchronizes the time on the communication apparatus with the time on the time source apparatus by using the predetermined value in the case where the transmission path used for the packet communication is switched from the first transmission path to the second transmission path (Tsuboi, p11, 2nd para, “The average transmission delay time is calculated using the following formula. {(t2-t1)+(t4-t3)}/2 = average transmission delay time”; in combined with MATSUMOTO: FIG. 2 and associated text, such as p8, 1st para “… By receiving a control signal output by the state control unit 223, the bypass control unit 212 operates the switches 212a and 212b to control switching between the first path 212c and the second path 212d. FIG. 2 shows a state where the second path 212d is used.”). The motivation of combining Tsuboi and MATSUMOTO is the same as stated in claim 1. As to claim 6, Tsuboi in view of MATSUMOTO discloses claim 5, further discloses: a second calculation unit configured to calculate a transmission delay value by using time information obtained by the packet communication using the second transmission path (Tsuboi, FIG. 4 and associated text, such as c8/l65-c9/l2 “Average transmission path delay between the time server 101 and the synchronous communication apparatus 103b is obtained as follows. Average transmission path delay=(((T4b−T1)−(T3b−T2b))−(Tr1a+Tr2))/2”), wherein the setting unit sets, as the predetermined value, the transmission delay value calculated by the second calculation unit before the transmission path used for the packet communication is switched from the first transmission path to the second transmission path (Tsuboi, FIG. 4 and associated text, such as c8/l65-c9/l2 “Average transmission path delay between the time server 101 and the synchronous communication apparatus 103b is obtained as follows. Average transmission path delay=(((T4b−T1)−(T3b−T2b))−(Tr1a+Tr2))/2” in combined with MATSUMOTO: FIG. 2 and associated text, such as p8, 1st para “… By receiving a control signal output by the state control unit 223, the bypass control unit 212 operates the switches 212a and 212b to control switching between the first path 212c and the second path 212d. FIG. 2 shows a state where the second path 212d is used.”). The motivation of combining Tsuboi and MATSUMOTO is the same as stated in claim 1. As to claim 9, Tsuboi in view of MATSUMOTO discloses claim 1, Tsuboi further discloses: wherein the switching unit switches the transmission path used for the packet communication in a case where the transmission path used for the packet communication is in a communication disconnection state (MATSUMOTO: FIG. 2 and associated text, such as p8, 1st para “… By receiving a control signal output by the state control unit 223, the bypass control unit 212 operates the switches 212a and 212b to control switching between the first path 212c and the second path 212d. FIG. 2 shows a state where the second path 212d is used.”). The motivation of combining Tsuboi and MATSUMOTO is the same as stated in claim 1. Allowable Subject Matter Claims 7-8 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 Any inquiry concerning this communication or earlier communications from the examiner should be directed to JIANYE WU whose telephone number is (571)270-1665. The examiner can normally be reached M-TH 8am-6pm. 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, Yemane Mesfin can be reached at (571) 272-3927. 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. /JIANYE WU/Primary Examiner, Art Unit 2462
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Prosecution Timeline

Dec 18, 2023
Application Filed
Jan 27, 2026
Non-Final Rejection — §103 (current)

Precedent Cases

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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
82%
Grant Probability
97%
With Interview (+15.3%)
3y 1m
Median Time to Grant
Low
PTA Risk
Based on 851 resolved cases by this examiner. Grant probability derived from career allow rate.

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