Prosecution Insights
Last updated: May 29, 2026
Application No. 18/689,498

METHOD AND APPARATUS FOR SENDING CELL STREAM, NETWORK DEVICE, AND COMPUTER-READABLE STORAGE MEDIUM

Non-Final OA §103
Filed
Mar 06, 2024
Priority
Sep 10, 2021 — CN 202111061216.5 +1 more
Examiner
SHARMA, POONAM
Art Unit
2472
Tech Center
2400 — Computer Networks
Assignee
ZTE CORPORATION
OA Round
1 (Non-Final)
90%
Grant Probability
Favorable
1-2
OA Rounds
7m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 90% — above average
90%
Career Allowance Rate
17 granted / 19 resolved
+31.5% vs TC avg
Moderate +13% lift
Without
With
+13.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
18 currently pending
Career history
41
Total Applications
across all art units

Statute-Specific Performance

§103
86.4%
+46.4% vs TC avg
§102
7.6%
-32.4% vs TC avg
§112
6.1%
-33.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 19 resolved cases

Office Action

§103
DETAILED ACTION This office action in response to an application filing received March 6, 2024. The preliminary amendment received March 6, 2024 has been entered. The Application Data Sheet received on March 6, 2024 has been considered. Claims 12-13 and 15-16 are amended. Claims 17-20 are newly added. 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 . Information Disclosure Statement The information disclosure statement filed March 6, 2024 and April 29, 2024 has been considered. Specification Applicant is reminded of the proper language and format for an abstract of the disclosure. The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details. The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided. The abstract of the disclosure is objected to because it contains legal phraseology (i.e. Disclosure). A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b). Claim Interpretation The following is a quotation of 35 U.S.C. 112(f): (f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof. The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph: An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof. This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “a time detection module configured to detect a time deviation value …; a code block calculation module configured to calculate a total number of code blocks …; and a code block insertion module configured to control the designated device to insert code blocks …” in claim 14, lines 2, 4 and 6. Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. 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. The factual inquiries 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 non-obviousness. Claim(s) 1-3 and 14-16 are rejected under 35 U.S.C. 103 as being unpatentable over LIU, CN110266612A (see the English translated copy), (hereinafter LIU), in view of Liu et al., US 11212068 B1, (hereinafter Liu). Regarding claim 1 and 14-16, LIU teaches a method for sending a cell stream, comprising (see ¶ [0056] - ¶ [0061], As shown in Figure 1A, this embodiment provides a data transmission method, including): calculating a total number of code blocks corresponding to the time deviation value (see ¶ [0074], e.g., At this time, when determining the predetermined interval or predetermined number of code blocks, the number of code blocks to be inserted between idle blocks can be determined based on the maximum time deviation value and transmission rate of the network device.); and controlling the designated device to insert code blocks of a preset type into the cell stream to be sent according to the calculated number of code blocks (see ¶ [0122], e.g., Optionally, the insertion module may be specifically used to insert one of the free blocks in the bitstream at predetermined intervals of code blocks. For example, if the bandwidth of a time slot is 5 Gbit/s, then a predetermined number of 5,000 codeblocks or slightly less than 5,000 code blocks can be inserted into an idle block for rate adjustment.), however, it does not explicitly teach detecting a time deviation value between an actual time of sending a cell in a designated device and a reference time; and so as to adjust the actual time of sending the cell in the designated device to the reference time. Liu teaches, detecting a time deviation value between an actual time of sending a cell in a designated device and a reference time (Fig. 6, e.g., element 300, 306, 308, Col. 11, lines 49-60, e.g., determining an actual transmission time when the specific part of the signal is transmitted (step 306); and causing adjustment of a clock based on a time error derived from a difference between the presentation time and the actual transmission time (step 308)); and so as to adjust the actual time of sending the cell in the designated device to the reference time (see Fig. 6, e.g., element 300, 306, 308, Col. 11, lines 49-60, FIG. 6 is a flowchart of a process 300 for Differential Clock Recovery (DCR) using a global reference time. The process 300 includes, at an egress node, synchronizing with a global reference time (step 302);… and causing adjustment of a clock based on a time error derived from a difference between the presentation time and the actual transmission time (step 308).). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified actual time of sending the cell in the designated device of LIU to incorporate the teachings of Liu to include detecting a time deviation value between an actual time of sending a cell in a designated device and a reference time; and so as to adjust the actual time of sending the cell in the designated device to the reference time. Doing so would facilitate in achieving removing underrun or overrun causing packet loss or packet variation, out of range of the application requirements as suggested by Liu (see Col. 12, lines 56-65, e.g., The DCR algorithm is used to recover a clock 70 at the demapper 58 so that a stream output over a radio interface can match the input of a clock 72 at the mapper 52, so that there is no underrun or overrun causing packet loss or packet variation, out of range of the application requirements. For the DCR algorithm, there is a need to convey a timestamp, from the timestamper functionality 68 on the mapper 52, to the demapper 58, such that the clocks 70, 72 have a common reference). Regarding claim 2, LIU as combined with Liu teaches the limitations of Claim 1. LIU does not teach but Liu teaches, wherein the detecting a time deviation value between an actual time of sending a cell in a designated device and a reference time comprises: according to the reference time, selecting a cell with a preset sequence number in the designated device as a reference cell to be subjected to a time comparison; determining a time comparison period according to the reference time; and in each time comparison period (see Col. 14, lines 52-59, e.g., The process 650 can further include including a sequence number in an orderInfo field in the RoE frame in addition to the timestamp in the payload (step 662); see Col. 9, lines 43-59, e.g., The connections between the RoE demapper 58 and the DCR control functionality 62 include a reference bit presentation time, a reference bit transmitted (Tx), and a flow enable. The flow enable is asserted when the global reference time matches the reference bit presentation time of the packet at the head of a demapper queue. The reference bit Tx is asserted when a reference bit is transmitted to the transceiver 60. The reference bit presentation time is the value of the presentation time from the packet at the head of the demapper queue), perform the time comparison to detect the time deviation value between an actual time of sending the reference cell and the reference time (see Col. 2, lines 31-40, e.g., an egress node includes circuitry configured to synchronize with a global reference time, receive a signal including a presentation time for when a specific part of the signal is to be transmitted, wherein the presentation time was determined by an ingress node with reference to the global reference time, determine an actual transmission time when the specific part of the signal is transmitted, and cause adjustment of a clock based on a time error derived from a difference between the presentation time and the actual transmission time). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified actual time of sending the cell in the designated device of LIU to incorporate the teachings of Liu to include detecting a time deviation value between an actual time of sending a cell in a designated device and a reference time. Doing so would facilitate in achieving removing underrun or overrun causing packet loss or packet variation, out of range of the application requirements as suggested by Liu (see Col. 12, lines 56-65, e.g., The DCR algorithm is used to recover a clock 70 at the demapper 58 so that a stream output over a radio interface can match the input of a clock 72 at the mapper 52, so that there is no underrun or overrun causing packet loss or packet variation, out of range of the application requirements. For the DCR algorithm, there is a need to convey a timestamp, from the timestamper functionality 68 on the mapper 52, to the demapper 58, such that the clocks 70, 72 have a common reference). Regarding claim 3, LIU as combined with Liu teaches the limitations of Claim 2. LIU does not teach but Liu teaches, wherein the reference time comprises any one of following time values obtained by a preset time acquisition method: a time value of a Global Clock corresponding to the cell, an occurrence time value of a pulse having a global clock attribute, and a desired value of the time of sending the cell (see Col. 2, lines 54-67 - Col. 3, lines 1-8, e.g., an ingress node includes circuitry configured to synchronize with a global reference time, receive a signal for transmission to the egress node and detect a reference therein with respect to the global reference time, determine a presentation time for when the reference in the signal is to be transmitted from the egress node, and transmit the signal to the egress node with the presentation time included therein for the egress node to adjust its clock based on a time error derived from a difference between the presentation time and an actual transmission time… and wherein the presentation time can be when the egress node should transmit the reference); wherein the time comparison period is a time duration between two consecutive reference times (see Col. 9, lines 43-59, e.g., The connections between the RoE demapper 58 and the DCR control functionality 62 include a reference bit presentation time, a reference bit transmitted (Tx), and a flow enable. The flow enable is asserted when the global reference time matches the reference bit presentation time of the packet at the head of a demapper queue. The reference bit Tx is asserted when a reference bit is transmitted to the transceiver 60. The reference bit presentation time is the value of the presentation time from the packet at the head of the demapper queue); and the preset time acquisition method comprises using any one of: a calibration of a 1588 function supported by the designated device, a Global Positioning System clock signal, or an external clock source (see Col. 7, lines 61-64, Accordingly, the process 30 further includes synchronizing a global reference time between the nodes 20, 22, such as via Precision Time Protocol (PTP) (IEEE 1588), a Global Navigation Satellite System (GNSS), etc.). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified sending the cell in the designated device of LIU to incorporate the teachings of Liu to include detecting a time deviation value between an actual time of sending a cell in a designated device and a reference time. Doing so would facilitate in achieving common time reference, removing underrun or overrun causing packet loss or packet variation, out of range of the application requirements as suggested by Liu (see Col. 12, lines 49-64, e.g., The objective of the DCR control functionality 62 and the timestamper functionality 68 and is to provide a common time reference (e.g., SyncE and PTP 1588 ToD). The DCR algorithm is used to recover a clock 70 at the demapper 58 so that a stream output over a radio interface can match the input of a clock 72 at the mapper 52, so that there is no underrun or overrun causing packet loss or packet variation, out of range of the application requirements.). Allowable Subject Matter Claim 4-13 and 17-20 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 The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 20100226466 A1 issued to Hardacker et al. US 11916662 B2 issued to Gorshe et al. US 20200287998 A1 issued to Gorshe et al. US 20220255719 A1 issued to XU et al. Any inquiry concerning this communication or earlier communications from the examiner should be directed to POONAM SHARMA whose telephone number is (571)272-6579. The examiner can normally be reached Monday thru 8:30-5:30 pm, ET. 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, Kevin Bates can be reached at (571) 272-3980. 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. /POONAM SHARMA/Examiner, Art Unit 2472 /KEVIN T BATES/Supervisory Patent Examiner, Art Unit 2472
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Prosecution Timeline

Mar 06, 2024
Application Filed
Apr 29, 2026
Non-Final Rejection mailed — §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
90%
Grant Probability
99%
With Interview (+13.3%)
2y 10m (~7m remaining)
Median Time to Grant
Low
PTA Risk
Based on 19 resolved cases by this examiner. Grant probability derived from career allowance rate.

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