Prosecution Insights
Last updated: April 19, 2026
Application No. 18/773,471

ASYNCHRONOUS ASIC

Non-Final OA §DP
Filed
Jul 15, 2024
Examiner
NGUYEN, PHIL K
Art Unit
2176
Tech Center
2100 — Computer Architecture & Software
Assignee
Magic Leap Inc.
OA Round
1 (Non-Final)
82%
Grant Probability
Favorable
1-2
OA Rounds
2y 9m
To Grant
96%
With Interview

Examiner Intelligence

Grants 82% — above average
82%
Career Allow Rate
442 granted / 537 resolved
+27.3% vs TC avg
Moderate +14% lift
Without
With
+14.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
19 currently pending
Career history
556
Total Applications
across all art units

Statute-Specific Performance

§101
6.7%
-33.3% vs TC avg
§103
47.1%
+7.1% vs TC avg
§102
27.3%
-12.7% vs TC avg
§112
11.3%
-28.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 537 resolved cases

Office Action

§DP
DETAILED ACTION 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 . Double Patenting The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory obviousness-type double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969). A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b). The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp. Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b). Claims 1-20 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over: Claims 1-20 of US. Patent 11,747,856 B2. Claims 1-17 of US. Patent 11,487,316 B2. Claims 1-20 of US. Patent 11,619,965 B2. Claims 1-20 of US. Patent 12,135,580B2. Although the conflicting claims are not identical, they are not patentably distinct from each other because the claims are directed to substantially the same subject matter involving a selecting the clock candidate from a plurality of clock candidates based on the first clock frequency wherein selecting the clock candidate comprises comparing the data bit of a plurality of data bits. Instant Application 18773471 US Patent 12135580 1. An electronic device comprising: circuitry configured to: receive a first clock, the first clock configured to operate at a frequency; and receive a second clock and a third clock, wherein: the second clock is configured to operate at the frequency of the first clock and further configured to operate with a first phase shift with respect to the first clock, the third clock is configured to operate at the frequency of the first clock and further configured to operate with a second phase shift with respect to the first clock, and each of the second clock and the third clock is associated with a respective clock candidate selected from a plurality of clock candidates; wherein: each clock candidate of the plurality of clock candidates is associated with a respective phase shift relative to the first clock; the selecting the respective clock candidate associated with the second clock from the plurality of clock candidates comprises comparing, for a first data bit of a plurality of data bits, a first respective phase shift to a transition edge of the first clock; and the selecting the respective clock candidate associated with the third clock from the plurality of clock candidates comprises comparing, for a second data bit of the plurality of data bits, a second respective phase shift to a transition edge of the first clock. 1. An electronic device comprising: circuitry configured to: receive a first clock, the first clock configured to operate at a frequency; and receive a second clock and a third clock, the second clock and the third clock generated based on the first clock, wherein: the second clock is configured to operate at the frequency of the first clock and further configured to operate with a first phase shift with respect to the first clock, the third clock is configured to operate at the frequency of the first clock and further configured to operate with a second phase shift with respect to the first clock, and the second clock and third clock are selected from a plurality of clock candidates; wherein: each clock candidate of the plurality of clock candidates is associated with a respective phase shift relative to the first clock; the selecting the second clock from the plurality of clock candidates comprises comparing, for a first data bit of a plurality of data bits, a first respective phase shift to a transition edge of the first clock; and the selecting the third clock from the plurality of clock candidates comprises comparing, for a second data bit of the plurality of data bits, a second respective phase shift to a transition edge of the first clock. Instant Application 18773471 US Patent No. 11,747,856 B2 1. An electronic device comprising: circuitry configured to: receive a first clock, the first clock configured to operate at a frequency; and receive a second clock and a third clock, wherein: the second clock is configured to operate at the frequency of the first clock and further configured to operate with a first phase shift with respect to the first clock, the third clock is configured to operate at the frequency of the first clock and further configured to operate with a second phase shift with respect to the first clock, and each of the second clock and the third clock is associated with a respective clock candidate selected from a plurality of clock candidates; wherein: each clock candidate of the plurality of clock candidates is associated with a respective phase shift relative to the first clock; the selecting the respective clock candidate associated with the second clock from the plurality of clock candidates comprises comparing, for a first data bit of a plurality of data bits, a first respective phase shift to a transition edge of the first clock; and the selecting the respective clock candidate associated with the third clock from the plurality of clock candidates comprises comparing, for a second data bit of the plurality of data bits, a second respective phase shift to a transition edge of the first clock. 1. An electronic device comprising: first circuitry configured to synchronize with a first clock, the first clock configured to operate at a frequency; and second circuitry configured to generate a second clock and a third clock based on the first clock, wherein: the second clock is configured to operate at the frequency of the first clock and further configured to operate with a first phase shift with respect to the first clock, the third clock is configured to operate at the frequency of the first clock and further configured to operate with a second phase shift with respect to the first clock, and the second clock and third clock are selected from a plurality of clock candidates; wherein: each clock candidate of the plurality of clock candidates is associated with a respective phase shift relative to the first clock; selecting the second clock from the plurality of clock candidates comprises comparing, for a first data bit of a plurality of data bits, a first respective phase shift to a transition edge of the first clock; and selecting the third clock from the plurality of clock candidates comprises comparing, for a second data bit of the plurality of data bits, a second respective phase shift to a transition edge of the first clock. Instant Application 18773471 US Patent No. 11,487,316 B2 1. An electronic device comprising: circuitry configured to: receive a first clock, the first clock configured to operate at a frequency; and receive a second clock and a third clock, wherein: the second clock is configured to operate at the frequency of the first clock and further configured to operate with a first phase shift with respect to the first clock, the third clock is configured to operate at the frequency of the first clock and further configured to operate with a second phase shift with respect to the first clock, and each of the second clock and the third clock is associated with a respective clock candidate selected from a plurality of clock candidates; wherein: each clock candidate of the plurality of clock candidates is associated with a respective phase shift relative to the first clock; the selecting the respective clock candidate associated with the second clock from the plurality of clock candidates comprises comparing, for a first data bit of a plurality of data bits, a first respective phase shift to a transition edge of the first clock; and the selecting the respective clock candidate associated with the third clock from the plurality of clock candidates comprises comparing, for a second data bit of the plurality of data bits, a second respective phase shift to a transition edge of the first clock. 1. An electronic device comprising: first circuitry configured to synchronize with a first clock, the first clock configured to operate at a frequency; second circuitry configured to generate a second clock and a third clock based on the first clock, wherein: the second clock is configured to operate at the frequency of the first clock and further configured to operate with a first phase shift with respect to the first clock, the third clock is configured to operate at the frequency of the first clock and further configured to operate with a second phase shift with respect to the first clock, and the second clock and third clock are selected from a plurality of clock candidates, the plurality of clock candidates associated with a plurality of phase shifts relative to the first clock; third circuitry configured to synchronize with the second clock; a data bus electronically coupled between the first circuitry and the third circuitry, wherein the first circuitry is further configured to transmit data to the third circuitry via the data bus; and a first latch configured to receive the data and synchronize with the third clock, wherein the third clock is selected from the plurality of clock candidates based on a latency between the first circuitry and the first latch. Instant Application 18773471 US Patent 11,619,965 B2 1. An electronic device comprising: circuitry configured to: receive a first clock, the first clock configured to operate at a frequency; and receive a second clock and a third clock, wherein: the second clock is configured to operate at the frequency of the first clock and further configured to operate with a first phase shift with respect to the first clock, the third clock is configured to operate at the frequency of the first clock and further configured to operate with a second phase shift with respect to the first clock, and each of the second clock and the third clock is associated with a respective clock candidate selected from a plurality of clock candidates; wherein: each clock candidate of the plurality of clock candidates is associated with a respective phase shift relative to the first clock; the selecting the respective clock candidate associated with the second clock from the plurality of clock candidates comprises comparing, for a first data bit of a plurality of data bits, a first respective phase shift to a transition edge of the first clock; and the selecting the respective clock candidate associated with the third clock from the plurality of clock candidates comprises comparing, for a second data bit of the plurality of data bits, a second respective phase shift to a transition edge of the first clock. 1. An electronic device comprising: first circuitry configured to synchronize with a first clock, the first clock configured to operate at a frequency; second circuitry configured to generate a second clock and a third clock based on the first clock, wherein: the second clock is configured to operate at the frequency of the first clock and further configured to operate with a first phase shift with respect to the first clock, the third clock is configured to operate at the frequency of the first clock and further configured to operate with a second phase shift with respect to the first clock, and the second clock and third clock are selected from a plurality of clock candidates; and third circuitry configured to synchronize with the second clock, wherein: each clock candidate of the plurality of clock candidates is associated with a respective phase shift relative to the first clock; selecting the second clock from the plurality of clock candidates comprises comparing, for a first data bit of a plurality of data bits, a first respective phase shift to a transition edge of the first clock; and selecting the third clock from the plurality of clock candidates comprises comparing, for a second data bit of the plurality of data bits, a second respective phase shift to a transition edge of the first clock. Claims 11 and 20 are rejected for the same reasons as set forth in claim 1. All other dependent claims are rejected for their dependency. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHIL K NGUYEN whose telephone number is (571)270-3356. The examiner can normally be reached 9:30 a.m - 5 p.m. 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, Jaweed Abbaszadeh can be reached at (571)270-1640. 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. /PHIL K NGUYEN/Primary Examiner, Art Unit 2176
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Prosecution Timeline

Jul 15, 2024
Application Filed
Jan 10, 2026
Non-Final Rejection — §DP
Apr 13, 2026
Response Filed

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
96%
With Interview (+14.2%)
2y 9m
Median Time to Grant
Low
PTA Risk
Based on 537 resolved cases by this examiner. Grant probability derived from career allow rate.

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