Prosecution Insights
Last updated: July 17, 2026
Application No. 18/716,727

SYSTEM TIME DETERMINING METHOD AND DEVICE, TIME POSITION INDICATING METHOD AND DEVICE, AND REQUEST TRANSMITTING METHOD AND DEVICE

Non-Final OA §101§102
Filed
Jun 05, 2024
Priority
Dec 07, 2021 — nonprovisional of PCTCN2021136071
Examiner
O CONNOR, BRIAN T
Art Unit
2465
Tech Center
2400 — Computer Networks
Assignee
Beijing Xiaomi Mobile Software Co., Ltd.
OA Round
1 (Non-Final)
85%
Grant Probability
Favorable
1-2
OA Rounds
8m
Est. Remaining
94%
With Interview

Examiner Intelligence

Grants 85% — above average
85%
Career Allowance Rate
769 granted / 901 resolved
+27.3% vs TC avg
Moderate +8% lift
Without
With
+8.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
19 currently pending
Career history
931
Total Applications
across all art units

Statute-Specific Performance

§101
2.0%
-38.0% vs TC avg
§103
66.1%
+26.1% vs TC avg
§102
24.4%
-15.6% vs TC avg
§112
1.8%
-38.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 901 resolved cases

Office Action

§101 §102
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 . This office action is in response to Applicant’s preliminary amendment filed on 06/05/2024. Claims 1-5, 7, 11-14, 16-18, 21, 26-28, and 32-34 are currently pending. Claim Objections Claim 32 is objected to because of the following informalities: For claim 32, the claim recites “method according to claim 1 implemented” and this grammatical issue is objected to by the examiner. Appropriate correction is required. Specification The abstract of the disclosure is objected to because the abstract is only one sentence in length. 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 Rejections - 35 USC § 101 35 U.S.C. 101 reads as follows: Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title. Claims 32, 33, and 34 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claims do not fall within at least one of the four categories of patent eligible subject matter because for the following reasons With respect to claim 32, the claim is rejected under 101 because the phrase “computer-readable storage medium” recited on line 1 is not a non-transitory form of signal transmission indicating in the claim or specification or in the record. Therefor the claim 32 is considered to be a signal per se. The broadest reasonable interpretation of a claim drawn to a computer readable medium typically covers forms of non-transitory tangible media and transitory propagating signals per se in view of the ordinary and customary meaning of computer readable media (See Buhle et al. US 6,286,104 B1, column 3, lines 44-55), particularly when the specification is silent. When the broadest reasonable interpretation of a claim covers a signal per se, the claim must be rejected under 35 USC 101 as covering non-statutory subject matter. See In re Nuijten, 500 F.3d 1346, 1356-57 (Fed. Cir. 2007). To overcome this rejection, it is suggested applicant change “computer-readable storage medium “to --- non-transitory computer-readable storage medium ---. With respect to claim 33, the claim is rejected under 101 because the phrase “computer-readable storage medium” recited on line 1 is not a non-transitory form of signal transmission indicating in the claim or specification or in the record. Therefor the claim 33 is considered to be a signal per se. The broadest reasonable interpretation of a claim drawn to a computer readable medium typically covers forms of non-transitory tangible media and transitory propagating signals per se in view of the ordinary and customary meaning of computer readable media (See Buhle et al. US 6,286,104 B1, column 3, lines 44-55), particularly when the specification is silent. When the broadest reasonable interpretation of a claim covers a signal per se, the claim must be rejected under 35 USC 101 as covering non-statutory subject matter. See In re Nuijten, 500 F.3d 1346, 1356-57 (Fed. Cir. 2007). To overcome this rejection, it is suggested applicant change “computer-readable storage medium “to --- non-transitory computer-readable storage medium ---. With respect to claim 34, the claim is rejected under 101 because the phrase “computer-readable storage medium” recited on line 1 is not a non-transitory form of signal transmission indicating in the claim or specification or in the record. Therefor the claim 34 is considered to be a signal per se. The broadest reasonable interpretation of a claim drawn to a computer readable medium typically covers forms of non-transitory tangible media and transitory propagating signals per se in view of the ordinary and customary meaning of computer readable media (See Buhle et al. US 6,286,104 B1, column 3, lines 44-55), particularly when the specification is silent. When the broadest reasonable interpretation of a claim covers a signal per se, the claim must be rejected under 35 USC 101 as covering non-statutory subject matter. See In re Nuijten, 500 F.3d 1346, 1356-57 (Fed. Cir. 2007). To overcome this rejection, it is suggested applicant change “computer-readable storage medium “to --- non-transitory computer-readable storage medium ---. Claim Rejections - 35 USC § 102 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 (i.e., changing from AIA to pre-AIA ) 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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claims 1-5, 7, 11-14, 16-18, 21, 26-28, and 32-34 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Yavuz et al. (US 2023/0217476 A1; hereafter YAVUZ). With respect to claim 1, YAVUZ discloses a system time determining method, performed by a terminal (110, 110 in FIGURE 3), comprising: receiving signaling transmitted by a network side device (160, 160b in FIGURE 3), wherein the signaling carries reference time information (paragraph [0072] and [0073], see the timing point with the H-SFN used as a reference); determining a reference time position associated with the reference time information (paragraph [0072] and [0073], see the timing point with the H-SFN used as a reference); and determining the reference time information as a system time of the reference time position (paragraph [0072] and [0073], see the timing point with the H-SFN used as a reference). With respect to claim 2, YAVUZ further discloses the method according to claim 1, wherein the reference time position is determined by a network side (160, 160b in FIGURE 3) configuration or according to a protocol agreement, and/or a transmission type corresponding to the signaling transmitted by the network side device (160, 160b in FIGURE 3) to the terminal (110, 110 in FIGURE 3) comprises at least one of: hybrid automatic repeat request (HARQ) transmission; radio link control (RLC) transmission (paragraph [0004], see the RRC protocol); or packet data convergence protocol (PDCP) transmission. With respect to claim 3, YAVUZ further discloses the method according to claim 1, wherein the reference time position corresponds to at least one relative time position, and determining the reference time position associated with the reference time information comprises: determining a receipt time location of the signaling (paragraph [0072] and [0073], see the timing point with the H-SFN used as a reference and the offset); and according to a relative positional relationship between the at least one relative time position and the receipt time position, determining the reference time position in the at least one relative time position (paragraph [0072] and [0073], see the timing point with the H-SFN used as a reference and the offset). With respect to claim 4, YAVUZ further discloses the method according to claim 3, wherein according to the relative positional relationship between the at least one relative time position and the receipt time position, determining the reference time position in the at least one relative time position comprises: determining a closest relative time position to the receipt time position in the at least one relative time position as the reference time position (paragraph [0072] and [0073], see the timing point with the H-SFN used as a reference and the offset). With respect to claim 5, YAVUZ further discloses the method according to claim 3, wherein according to the relative positional relationship between the at least one relative time position and the receipt time position, determining the reference time position in the at least one relative time position comprises: determining a closest relative time position to the receipt time position in one or more of the at least one relative time position before the receipt time position as the reference time position (paragraph [0072] and [0073], see the timing point with the H-SFN used as a reference and the offset) (paragraph [0170] and [0171], see the starting time using the reference from HSFN and an offset); or determining a closest relative time position to the receipt time position in one or more of the at least one relative time position after the receipt time position as the reference time position. With respect to claim 7, YAVUZ further discloses the method according to claim 1, wherein the network side device (160, 160b in FIGURE 3) transmits the signaling to the terminal n times, and determining the reference time position associated with the reference time information comprises: determining a time offset between a time position of an i-th transmission of the signaling by the network side device and a time position of a j-th transmission of the signaling by the network side device, wherein i, j, and n are respectively integers, 1 ≤ i ≤ n, 1 ≤ j ≤ n, and i is greater than or equal to j (paragraph [0170] and [0171], see the starting time using the reference from HSFN and an offset); and according to the time offset and the receipt time position of the reference time information, determining the reference time position (paragraph [0170] and [0171], see the starting time using the reference from HSFN and an offset); wherein the time offset is carried in at least one of: downlink control information (DCI); media access control (MAC) subheader; media access control control element (MAC CE); radio link control (RLC) subheader; RLC control packet (paragraph [0004], see the RRC protocol); packet data convergence protocol (PDCP) subheader; or PDCP control packet. With respect to claim 11, YAVUZ further discloses the method according to claim 1, wherein information carrying the reference time position comprises undivided signaling carrying the reference time position (paragraph [0072] and [0073], see the timing point with the H-SFN used as a reference and the offset). With respect to claim 12, YAVUZ further discloses the method according to claim 1, wherein determining the reference time position associated with the reference time information comprises: determining a receipt time position of the signaling as the reference time position (paragraph [0072] and [0073], see the timing point with the H-SFN used as a reference and the offset); wherein transmission carrying the signaling by the network side device is new transmission (paragraph [0072] and [0073], see the timing point with the H-SFN used as a reference and the offset). With respect to claim 13, YAVUZ further discloses the method according to claim 12, wherein the terminal receives the signaling transmitted by the network side (160, 160b in FIGURE 3) multiple times, and receipt time positions of receiving the signaling for the multiple times are in a same system frame (paragraph [0072] and [0073], see the timing point with the H-SFN used as a reference and the offset). With respect to claim 14, YAVUZ further discloses the method according to claim 1, wherein determining the reference time position associated with the reference time information comprises: determining a receipt time position of scheduling information of the signaling as the reference time position (paragraph [0072] and [0073], see the timing point with the H-SFN used as a reference and the offset); wherein transmission carrying the signaling by the network side device (160, 160b in FIGURE 3) is new transmission (paragraph [0072] and [0073], see the timing point with the H-SFN used as a reference and the offset). With respect to claim 16, YAVUZ discloses a system time determining method, performed by a terminal (110, 110 in FIGURE 3), comprising: according to a request of a network side device, receiving system information broadcasted by the network side device (160, 160b in FIGURE 3), wherein the system information carries reference time information (paragraph [0072] and [0073], see the timing point with the H-SFN used as a reference); determining a receipt time position of the system information as a reference time position associated with the reference time information (paragraph [0072] and [0073], see the timing point with the H-SFN used as a reference); and determining the reference time information as a system time of the reference time position (paragraph [0072] and [0073], see the timing point with the H-SFN used as a reference). With respect to claim 17, YAVUZ discloses a time position indicating method, performed by a network side device (160, 160b in FIGURE 3), comprising: transmitting signaling to a terminal (110, 110 in FIGURE 3), wherein the signaling carries reference time information (paragraph [0072] and [0073], see the timing point with the H-SFN used as a reference); and indicating a reference time position associated with the reference time information (paragraph [0072] and [0073], see the timing point with the H-SFN used as a reference) to the terminal (110, 110 in FIGURE 3). With respect to claim 18, YAVUZ further discloses the method according to claim 17, wherein the network side device (160, 160b in FIGURE 3) transmits the signaling to the terminal n times, and indicating the reference time position associated with the reference time information to the terminal comprises: indicating to the terminal (110, 110 in FIGURE 3) a time offset between a time position of an i-th transmission of the signaling by the network side device (160, 160b in FIGURE 3) and a time position of a j-th transmission of the signaling by the network side device, wherein i, j, and n are respectively integers, 1 ≤ i ≤ n, 1 ≤ j ≤ n, and i is greater than or equal to j (paragraph [0170] and [0171], see the starting time using the reference from HSFN and an offset) wherein the time offset is carried in an m-th transmission of the signaling, wherein m is an integer greater than or equal to 1 (paragraph [0170] and [0171], see the starting time using the reference from HSFN and an offset) wherein the time offset is carried in at least one of: downlink control information (DCI); media access control (MAC) subheader; media access control control element (MAC CE); packet data convergence protocol (RLC) subheader; RLC control packet (paragraph [0004], see the RRC protocol); packet data convergence protocol (PDCP) subheader; or PDCP control packet. With respect to claim 21, YAVUZ further discloses the method according to claim 17, wherein a transmission type corresponding to the signaling transmitted to the terminal comprises at least one of: hybrid automatic repeat request (HARQ) transmission; radio link control (RLC) transmission (paragraph [0004], see the RRC protocol); or packet data convergence protocol (PDCP) transmission; and/or information carrying the reference time position comprises undivided signaling carrying the reference time position; and/or the network side device transmits the signaling to the terminal multiple times, and transmission time positions of transmitting the signaling for the multiple times are in a same system frame; and/or transmission carrying the signaling by the network side device is new transmission. With respect to claim 26, YAVUZ discloses a system time determining device (110 in FIGURE 3), comprising one or more processors configured to: implement the method according to claim 1. With respect to claim 27, YAVUZ discloses a system time determining device (110 in FIGURE 3), comprising one or more processors configured to implement the method according to claim 16. With respect to claim 28, YAVUZ discloses a time position indicating device (160, 160b in FIGURE 3), comprising one or more processors configured to implement the method according to claim 17. With respect to claim 32, YAVUZ discloses a computer-readable storage medium for storing a computer program (paragraph [0123]), wherein when the computer program is executed by one or more processors, the system time determining method according to claim 1 implemented. With respect to claim 33, YAVUZ discloses a computer-readable storage medium for storing a computer program (paragraph [0123]), wherein when the computer program is executed by one or more processors, the time position indicating method according to 17 is implemented. With respect to claim 34, YAVUZ discloses a computer-readable storage medium for storing a computer program (paragraph [0123]), wherein when the computer program is executed by one or more processors, the time position indicating method according to claim 16 is implemented. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Brian T O'Connor whose telephone number is (571)270-1081. The examiner can normally be reached Mon-Fri Flex 10am-6:30pm. 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, Gary Mui can be reached at 571-270-1420. 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. /BRIAN T O CONNOR/Primary Examiner, Art Unit 2465 June 1, 2026
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Prosecution Timeline

Jun 05, 2024
Application Filed
Jun 04, 2026
Non-Final Rejection mailed — §101, §102 (current)

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Prosecution Projections

1-2
Expected OA Rounds
85%
Grant Probability
94%
With Interview (+8.2%)
2y 10m (~8m remaining)
Median Time to Grant
Low
PTA Risk
Based on 901 resolved cases by this examiner. Grant probability derived from career allowance rate.

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