Prosecution Insights
Last updated: July 17, 2026
Application No. 18/708,840

METHODS FOR CLOCK SYNCHRONIZATION BETWEEN NETWORK NODES USING ETHERNET AND TRANSMITTING FORWARD ERROR CORRECTION (FEC) MARKERS, AND NODE

Non-Final OA §103
Filed
May 09, 2024
Priority
Nov 11, 2021 — nonprovisional of PCTSE2021051129
Examiner
ONAMUTI, GBEMILEKE J
Art Unit
2463
Tech Center
2400 — Computer Networks
Assignee
Telefonaktiebolaget LM Ericsson
OA Round
1 (Non-Final)
86%
Grant Probability
Favorable
1-2
OA Rounds
3m
Est. Remaining
86%
With Interview

Examiner Intelligence

Grants 86% — above average
86%
Career Allowance Rate
698 granted / 810 resolved
+28.2% vs TC avg
Minimal -0% lift
Without
With
+-0.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
7 currently pending
Career history
819
Total Applications
across all art units

Statute-Specific Performance

§101
0.9%
-39.1% vs TC avg
§103
66.8%
+26.8% vs TC avg
§102
3.9%
-36.1% vs TC avg
§112
17.1%
-22.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 810 resolved cases

Office Action

§103
DETAILED ACTION Notice of Pre-AIA or AIA Status 1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . 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. Allowable Subject Matter 2. Claims 11-19 are allowed. Claim 4 is 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. Claim Rejections - 35 USC § 103 3. 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. 4. Claims 1-3, 5-10 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Publication No.: US 2016/0080110 A1 to Gareau et al. (Gareau), in view of Patent No.: US 2018/0205477 A1 to Yang et al. (Yang) as disclosed in the IDS. As to Claims 1 and 20, Gareau discloses a primary device configured to code data using forward error correction, FEC, coding for transmission to a secondary device, the FEC coding adding a FEC marker to FEC coded data, the primary device comprises: a processor (Fig. 6, processor 310’); and memory (Fig. 6, ‘memory 340’) including computer program code comprising instructions, such that when the processor executes the instructions, the processor is configured to, transmit to the secondary device a marker planned transmission time indication which indicates when the primary device will transmit the FEC marker toward the secondary device (‘in an exemplary embodiment, a precision time transfer method, in a first node that communicates with a second node, to determine a difference in time between the first node and the second node, includes receiving a departure time, TD-A, from the second node, wherein the departure time, TD-A, is determined by the second node based on detecting a timing marker in a Forward Error Correction (FEC); determining an arrival time, TA-B, based on detecting the timing marker in the FEC frame or layer and determining a time difference based on the departure time and the arrival time; wherein the timing marker is detected at a last point in a transmitter of the second node and at a first point in a receiver of the first node, during FEC processing’, ¶ 0004). Gareau does not expressly disclose transmit the FEC marker of the FEC coded data at the time indicated by the marker planned transmission time indication. However, Yang discloses transmit the FEC marker of the FEC coded data at the time indicated by the marker planned transmission time indication (‘recording a time (t1) when a first codeword marker in a datastream is sent from a master computer to a slave computer and recording a second time (t2) when the slave computer receives the first codeword marker. The method includes sending a second codeword marker in the datastream from the master computer to the slave computer, the second codeword marker containing the first time t1. The method includes recording a third time (t3) when a third codeword marker in a datastream is sent from the slave computer to the master computer. The third codeword marker is the first available codeword marker after receipt by the slave computer of the second codeword marker. The method includes recording a fourth time t4 when the master receives the third codeword marker from the slave. The method includes sending a fourth codeword marker in the datastream from the master computer to the slave computer, the fourth codeword marker containing the fourth time t4. The method includes calculating a time offset θ, according to; θ=(t2-t1) + (t4-t3) / 2 and calculating a roundtrip delay δ, according to δ=(t4−t1) − (t3−t2). The clock in the slave computer is synchronized with a clock in the master computer using θ and δ’, ¶ 0003; see also ¶ 0020). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide ‘transmit the FEC marker of the FEC coded data at the time indicated by the marker planned transmission time indication’ as disclosed by Yang into Gareau so as to effectively synchronize clocks of nodes/station in a networked computer systems, Yang ¶ 0003. As to Claim 2, Gareau does not expressly disclose wherein the FEC marker is a Code Word Marker, CWM, or Alignment Marker, AM, added by the FEC coding to the FEC coded data. However, Yang discloses wherein the FEC marker is a Code Word Marker, CWM, or Alignment Marker, AM, added by the FEC coding to the FEC coded data (‘recording a time (t1) when a first codeword marker in a datastream is sent from a master computer to a slave computer and recording a second time (t2) when the slave computer receives the first codeword marker’, ¶ 0005). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide ‘wherein the FEC marker is a Code Word Marker, CWM, or Alignment Marker, AM, added by the FEC coding to the FEC coded data’ as disclosed by Yang into Gareau so as to effectively synchronize clocks of nodes/station in a networked computer systems, Yang ¶ 0003. As to Claim 3, Gareau further discloses receiving the FEC marker from the secondary device (‘in an exemplary embodiment, a precision time transfer method, in a first node that communicates with a second node, to determine a difference in time between the first node and the second node, includes receiving a departure time, TD-A, from the second node, wherein the departure time, TD-A, is determined by the second node based on detecting a timing marker in a Forward Error Correction (FEC) frame or layer’, ¶ 0004); determining a FEC marker reception time based on when the FEC marker was received from the secondary device (‘in an exemplary embodiment, a precision time transfer method, in a first node that communicates with a second node, to determine a difference in time between the first node and the second node, includes receiving a departure time, TD-A, from the second node, wherein the departure time, TD-A, is determined by the second node based on detecting a timing marker in a Forward Error Correction (FEC) frame or layer’, ¶ 0004); and calculating a round trip delay based on a difference between the time indicated by the marker planned transmission time indication and the FEC marker reception time (The receiving can be performed at a protocol layer separate from the FEC frame. The precision time transfer method can further include transmitting a FEC frame to the second node and determining a departure time, TD-B, responsive to detecting the timing marker in the FEC frame; and receiving an arrival time, TA-A, from the second node, wherein the arrival time, TA-A, is determined by the second node based on detecting the timing marker in the FEC frame. The precision time transfer method can further include transmitting determining a delay between the first node and the second node as: Round_Trip_Delay = [(TA-B – TD-A)]; Delay = Round_Trip_Delay/2’, ¶ 0031). As to Claim 5, Gareau further discloses wherein the marker planned transmission time indication indicates a time relative to a reference clock, which is internal to the primary device, when the primary device will transmit the FEC marker toward the secondary device (‘the controller 300 can be communicatively coupled to the second node via a protocol layer separate from the FEC frame, for to receive the departure time, TD-A. The controller can be further configured to determine a departure time, TD-B, responsive to detecting the timing marker in a FEC frame transmitted to the second node; and receive an arrival time, TA-A, from the second node, wherein the arrival time, TA-A, is determined by the second node based on detecting the timing marker in the FEC frame. Note, the controller 300 can include a clock for the node 12 or the clock could be located elsewhere in the node 12. With the systems and methods described herein, the controller 12 can be configured to modify the clock to synchronize times with other nodes, or to provide the time at the node 12 such that other nodes can synchronize’, ¶ 0042). As to Claim 6, Gareau further discloses wherein the marker planned transmission time indication indicates a time relative to a reference clock, which is external to the primary device, when the primary device will transmit the FEC marker toward the secondary device (‘the controller 300 can be communicatively coupled to the second node via a protocol layer separate from the FEC frame, for to receive the departure time, TD-A. The controller can be further configured to determine a departure time, TD-B, responsive to detecting the timing marker in a FEC frame transmitted to the second node; and receive an arrival time, TA-A, from the second node, wherein the arrival time, TA-A, is determined by the second node based on detecting the timing marker in the FEC frame. Note, the controller 300 can include a clock for the node 12 or the clock could be located elsewhere in the node 12. With the systems and methods described herein, the controller 12 can be configured to modify the clock to synchronize times with other nodes, or to provide the time at the node 12 such that other nodes can synchronize’, ¶ 0042). As to Claim 7, Gareau further discloses wherein the marker planned transmission time indication is transmitted to the secondary device through a communication pathway that is also used by the primary device to transmit the FEC marker to the secondary device (Figs. 1 and 2, ‘referring to Fig. 1, in an exemplary embodiment, a network diagram illustrates an optical network 10 between two nodes 12A, 12B. The nodes 12A, 12B are interconnected by links 14E, 14W providing bidirectional communication. The links 14E, 14W are optical fibers and the nodes 12A, 1B are optical network elements, such as shown, for example, in Fig. 5. The nodes 12A, 12B each have an associated clock tracking time, and an objective of the precision time transfer systems and methods is to convey the time of the node 12A to the node 12B such that the node 12B can synchronize its clock to the clock of the node 12A’, ¶ 0017). As to Claim 8, Gareau further discloses wherein: the marker planned transmission time indication is included in a first packet transmitted to the secondary device through the communication pathway; and the marker planned transmission time indication indicates when the primary device will transmit the FEC marker in a second packet toward the secondary device, wherein the second packet is transmitted next after the first packet (‘in an exemplary embodiment, a precision time transfer method, in a first node that communicates with a second node, to determine a difference in time between the first node and the second node, includes receiving a departure time, TD-A, from the second node, wherein the departure time, TD-A, is determined by the second node based on detecting a timing marker in a Forward Error Correction (FEC); determining an arrival time, TA-B, based on detecting the timing marker in the FEC frame or layer and determining a time difference based on the departure time and the arrival time; wherein the timing marker is detected at a last point in a transmitter of the second node and at a first point in a receiver of the first node, during FEC processing’, ¶ 0004). As to Claim 9, Gareau further discloses wherein the marker planned transmission time indication is transmitted to the secondary device through a communication pathway that is different than another communication pathway through which the FEC marker is transmitted by the primary device toward the secondary device (Figs. 1 and 2, ‘referring to Fig. 1, in an exemplary embodiment, a network diagram illustrates an optical network 10 between two nodes 12A, 12B. The nodes 12A, 12B are interconnected by links 14E, 14W providing bidirectional communication. The links 14E, 14W are optical fibers and the nodes 12A, 1B are optical network elements, such as shown, for example, in Fig. 5. The nodes 12A, 12B each have an associated clock tracking time, and an objective of the precision time transfer systems and methods is to convey the time of the node 12A to the node 12B such that the node 12B can synchronize its clock to the clock of the node 12A’, ¶ 0017). As to Claim 10, Gareau further discloses wherein the marker planned transmission time indication transmitted to the secondary device is included as part of a packet carrying in-phase and quadrature, I/Q, FEC coded data to the secondary device (‘the modems 20A, 20B can support programmable modulation, or constellations with both varying phase and/or amplitude. In an exemplary embodiment, the flexible optical modem can support multiple coherent modulation formats such as, for example, i) dual-channel, dual-polarization (DP) binary phase-shift keying (BPSK) for 100 G at submarine distances, ii) DP quadrature phase-shift keying (QPSK) for 100 G at ultra-long haul distances, iii) 16-quadrature amplitude modulation (QAM) for 200 G at metro to regional (600 km) distances), or iv) dual-channel 16 QAM for 400 G at metro to regional distances’, ¶ 0020). Conclusion 5. Any inquiry concerning this communication or earlier communications from the examiner should be directed to GBEMILEKE J ONAMUTI whose telephone number is (571)270-5619. The examiner can normally be reached 8:00 AM - 5:00 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, ASAD NAWAZ can be reached at (571) 272-3988. 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. /GBEMILEKE J ONAMUTI/Primary Examiner, Art Unit 2463
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Prosecution Timeline

May 09, 2024
Application Filed
Jun 12, 2026
Non-Final Rejection mailed — §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
86%
Grant Probability
86%
With Interview (-0.5%)
2y 6m (~3m remaining)
Median Time to Grant
Low
PTA Risk
Based on 810 resolved cases by this examiner. Grant probability derived from career allowance rate.

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