Prosecution Insights
Last updated: October 01, 2026
Application No. 18/896,282

Communication Method and Apparatus

Non-Final OA §103
Filed
Sep 25, 2024
Priority
Mar 26, 2022 — CN 202210308223.9 +1 more
Examiner
KHAN, ATTA
Art Unit
Tech Center
Assignee
Huawei Technologies Co., Ltd.
OA Round
1 (Non-Final)
84%
Grant Probability
Favorable
1-2
OA Rounds
6m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 84% — above average
84%
Career Allowance Rate
282 granted / 337 resolved
+23.7% vs TC avg
Strong +25% interview lift
Without
With
+24.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
12 currently pending
Career history
351
Total Applications
across all art units

Statute-Specific Performance

§101
20.5%
-19.5% vs TC avg
§103
53.5%
+13.5% vs TC avg
§102
6.1%
-33.9% vs TC avg
§112
12.0%
-28.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 337 resolved cases

Office Action

§103
DETAILED ACTION The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. 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. Claims 1-6, 8-9, 11-13, 17-19, 22-27 are rejected in the Instant Application. Priority Examiner acknowledges Applicant’s claim to priority benefits of Chinese Patent Application No. 202210308223.9, filed on March 26, 2022. Allowable Subject Matter Claim 8 is objected to as being dependent upon a rejected base claim 1, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Information Disclosure Statement The information disclosure statement(s) (IDS) submitted on 1/09/2025, 5/23/2025 is/are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement(s) is/are being considered if signed and initialed by the Examiner. Claim Rejections - 35 USC § 103 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 of this title, 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 1-3, 5-6, 9, 11-13, 17-19, 22-27 are rejected under 35 U.S.C. 103 as being unpatentable over Qiang et al. (US20230021397A1) hereinafter Qiang in view of Kim et al. (US20220361120A1) hereinafter Kim. Regarding claims 1, 11: Qiang teaches a method comprising: receiving, by a first device and from a second device, a first message requesting a time synchronization service for a terminal device (Fig 3 see network device 1 receiving information form AF #1 .. ¶0269 see the network device # 1 may receive, by using, for example, an NEF, information #2 (that is, an example of second indication information) sent by an AF (denoted as an AF #1). The AF # 1 may be an AF that provides a service # 1 for the terminal device # 1. The service # 1 needs to use time synchronization based on the clock source # 1, in other words, a time synchronization precision requirement of the service # 1 is to provide time synchronization precision for the clock source # 1); determining, by the first device and based on subscription information of the terminal device (Fig. 3 S110 ¶0264 see FIG. 3 , in S110, a network device #1 (that is, an example of a network device) may determine that a terminal device #1 (that is, an example of a terminal device) needs to be activated to perform a time synchronization process for a clock source #1); and sending, by the first device, the first information to a third device to provide the time synchronization service (¶0302 see the network device # 1 sends information #1 (that is, an example of first indication information) to the terminal device # 1, where the information # 1 indicates the terminal device # 1 to activate the clock source # 1, or the information # 1 indicates the terminal device # 1 to activate the time synchronization processing for the clock source # 1 Fig. 3 S120 [third device and terminal device are interpreted as the same device]) Qiang however does not explicitly teach first information comprising a first clock accuracy Kim however in the same field of computer networking teaches first information comprising a first clock accuracy (¶0013 see the time synchronization service parameter may include at least one of a 5G Clock accuracy, a Temporal validity condition, a Spatial validity condition, a Time synchronization accuracy and a PTP Profile) Accordingly, it would have been obvious to one of ordinary skill in the art of computer networking at the effective filing date of the claimed invention given the time synchronization of Qiang and the teachings of Kim for clock accuracy to combine the teachings such that Qiang utilizes the clock accuracy of Kim. One of ordinary skill in the art would recognize that the results of the combination are predictable because each element in the combination is merely performing the same function it would perform separately. One would be motivated to combine these teachings because doing so allow for extended time synchronization parameters in order to provide a 5GS time synchronization service to application services outside of the 5GS in a Non-TSN network environment. Further regarding claim 11: Qiang further teaches a communication apparatus, comprising: a memory configured to store instructions; and at least one processor coupled to the memory and configured to execute the instructions to cause the communication apparatus (¶0179 see a communication device is provided, including a processor and a memory. The memory is configured to store a computer program, and the processor is configured to invoke the computer program from the memory and run the computer program) Regarding claim 2, 12: The already combined references teach the method of claim 1, Qiang does not explicitly teach wherein the first message comprises second information, wherein the second information is requested information about the time synchronization service and comprises one or more clock accuracies, and wherein the first information is further based on the second information Kim however in the same field of computer networking teaches wherein the first message comprises second information, wherein the second information is requested information about the time synchronization service and comprises one or more clock accuracies, and wherein the first information is further based on the second information (Kim ¶0013 see the time synchronization service parameter may include at least one of a 5G Clock accuracy..¶0050 see Time synchronization accuracy is a parameter for the synchronization accuracy of the time synchronization service required by the application service) Accordingly, it would have been obvious to one of ordinary skill in the art of computer networking at the effective filing date of the claimed invention given the messages of Qiang and the teachings of Kim for clock accuracy parameters to combine the teachings such that Qiang utilizes the clock accuracy parameter of Kim. One of ordinary skill in the art would recognize that the results of the combination are predictable because each element in the combination is merely performing the same function it would perform separately. One would be motivated to combine these teachings because doing so allow for extended time synchronization parameters in order to provide a 5GS time synchronization service to application services outside of the 5GS in a Non-TSN network environment. Regarding claims 3, 13: The already combined references teach the method of claim 1, Qiang does not explicitly teach wherein determining the first information comprises determining, by the first device, the first information based on the subscription information of the terminal device and time source capability information comprising clock accuracy supported by a user plane function device Kim however in the same field of computer networking teaches wherein determining the first information comprises determining, by the first device, the first information based on the subscription information of the terminal device and time source capability information comprising clock accuracy supported by a user plane function device (Kim ¶0036 see TSN AF 110 in a Control Plane communicates with a Centralized Network Configuration (CNC) of the TSN network to transmit and receive control information between the 5G system and the TSN network, and the NEF 120 has a function of exposing services to the 5G network). Accordingly, it would have been obvious to one of ordinary skill in the art of computer networking at the effective filing date of the claimed invention given the first information of Qiang and the teachings of Kim for time source capability information including clock accuracy to combine the teachings such that Qiang utilizes the clock accuracy of Kim. One of ordinary skill in the art would recognize that the results of the combination are predictable because each element in the combination is merely performing the same function it would perform separately. One would be motivated to combine these teachings because doing so allow for extended time synchronization parameters in order to provide a 5GS time synchronization service to application services outside of the 5GS in a Non-TSN network environment. Regarding claim 5: The already combined references teach the method of claim 1, further comprising: sending, by the first device and to a policy control function device, the first information (Qiang Fig 3 element S115 see establishment between Network device 1 UPF [policy function] and terminal device 1). Regarding claim 6: The already combined references teach the method of claim 1, further comprising: receiving, by the first device and from the second device, a second message requesting to stop the time synchronization service (Qiang Fig 3 see AF#1 first information to Network Device#1 which is then sent to terminal device #1); and sending, by the first device and to the third device, a third message instructing to stop the time synchronization service (Qiang ¶0013 see the terminal device processes a time synchronization packet of the first clock source based on the first indication information includes: stopping generating (or not needing to generate) the time synchronization packet of the first clock source based on the first indication information) Regarding claim 9: The already combined references teach the method of claim 1, further comprising: receiving, by the third device, the first information from the first device, wherein the third device is an access network device or a user plane function device (Qiang Fig 3 see Terminal Device #1 further ¶0212 see a terminal device, and the access device may also be referred to as an access network device or a radio access network device); and providing, by the third device, the time synchronization service for the terminal device based on the first information (Qiang ¶0421 see the terminal device #A may process a time synchronization packet (denoted as a time synchronization packet #A) of the clock source #A based on a processing manner (that is, an example of a second processing manner) corresponding to the deactivation state) Regarding claim 17: Qiang teaches a communication apparatus (fig 3 see network device #1), comprising: a memory configured to store instructions (¶0513 see memory in embodiments of this disclosure may be a volatile memory or a nonvolatile memory, or may include a volatile memory and a nonvolatile memory ¶0179 communication device is provided, including a processor and a memory. The memory is configured to store a computer program, and the processor is configured to invoke the computer program from the memory and run the computer program, so that the communication device is enabled to perform the communication method); and at least one processor coupled to the memory and configured to execute the instructions to cause the communication apparatus to (¶0512 processor in embodiments of this disclosure may be a central processing unit (CPU), or may be another general-purpose processor, a digital signal processor (DSP), an application-specific integrated circuit (ASIC), a field programmable gate array (FPGA), or another programmable logic device ¶0179 communication device is provided, including a processor and a memory): receive, from a first device, first information, wherein the first information is based on subscription information of a terminal device (Fig 3 see network device 1 receiving information form AF #1 .. ¶0269 see the network device # 1 may receive, by using, for example, an NEF, information #2 (that is, an example of second indication information) sent by an AF (denoted as an AF #1). The AF # 1 may be an AF that provides a service # 1 for the terminal device # 1. The service # 1 needs to use time synchronization based on the clock source # 1, in other words, a time synchronization precision requirement of the service # 1 is to provide time synchronization precision for the clock source # 1); and provide, based on the first information, a time synchronization service for the terminal device (¶0302 see the network device # 1 sends information #1 (that is, an example of first indication information) to the terminal device # 1, where the information # 1 indicates the terminal device # 1 to activate the clock source # 1, or the information # 1 indicates the terminal device # 1 to activate the time synchronization processing for the clock source # 1 Fig. 3 S120) Qiang however does not explicitly teach first information comprising a first clock accuracy Kim however in the same field of computer networking teaches first information comprising a first clock accuracy (¶0013 see the time synchronization service parameter may include at least one of a 5G Clock accuracy, a Temporal validity condition, a Spatial validity condition, a Time synchronization accuracy and a PTP Profile) Accordingly, it would have been obvious to one of ordinary skill in the art of computer networking at the effective filing date of the claimed invention given the time synchronization of Qiang and the teachings of Kim for clock accuracy to combine the teachings such that Qiang utilizes the clock accuracy of Kim. One of ordinary skill in the art would recognize that the results of the combination are predictable because each element in the combination is merely performing the same function it would perform separately. One would be motivated to combine these teachings because doing so allow for extended time synchronization parameters in order to provide a 5GS time synchronization service to application services outside of the 5GS in a Non-TSN network environment. Regarding claim 18: The already combined references teach the communication apparatus of claim 17, Qiang does not explicitly teach wherein the first information is further based on second information, wherein the second information is requested information about the time synchronization service, and wherein the second information comprises one or more clock accuracies Kim however in the same field of computer networking teaches wherein the first information is further based on second information, wherein the second information is requested information about the time synchronization service, and wherein the second information comprises one or more clock accuracies (Kim ¶0013 see the time synchronization service parameter may include at least one of a 5G Clock accuracy..¶0050 see Time synchronization accuracy is a parameter for the synchronization accuracy of the time synchronization service required by the application service) Accordingly, it would have been obvious to one of ordinary skill in the art of computer networking at the effective filing date of the claimed invention given the first information of Qiang and the teachings of Kim for time source capability information including clock accuracy to combine the teachings such that Qiang utilizes the clock accuracy of Kim. One of ordinary skill in the art would recognize that the results of the combination are predictable because each element in the combination is merely performing the same function it would perform separately. One would be motivated to combine these teachings because doing so allow for extended time synchronization parameters in order to provide a 5GS time synchronization service to application services outside of the 5GS in a Non-TSN network environment. Regarding claim 19: The already combined references teach the communication apparatus of claim 17, Qiang does not explicitly teach wherein the first information is further based on time source capability information comprising clock accuracy supported by a user plane function device Kim however in the same field of computer networking teaches wherein the first information is further based on time source capability information comprising clock accuracy supported by a user plane function device (Kim ¶0016 see the time synchronization capability parameter may include at least one of a 5G Clock accuracy, a Temporal validity condition, a Spatial validity condition, a Time synchronization accuracy and PTP Profiles…¶0036 see the translators in a User Plane, the TSN AF 110 in a Control Plane communicates with a Centralized Network Configuration (CNC) of the TSN network to transmit and receive control information between the 5G system and the TSN network, and the NEF 120 has a function of exposing services to the 5G network) Accordingly, it would have been obvious to one of ordinary skill in the art of computer networking at the effective filing date of the claimed invention given the first information of Qiang and the teachings of Kim for time source capability information including clock accuracy to combine the teachings such that Qiang utilizes the clock accuracy of Kim. One of ordinary skill in the art would recognize that the results of the combination are predictable because each element in the combination is merely performing the same function it would perform separately. One would be motivated to combine these teachings because doing so allow for extended time synchronization parameters in order to provide a 5GS time synchronization service to application services outside of the 5GS in a Non-TSN network environment. Regarding claim 22: The already combined references teach the communication apparatus of claim 17, wherein the at least one processor is further configured to execute the instructions to cause the communication apparatus to provide, based on the first information, the time synchronization service for the terminal by an access stratum (Qiang ¶0213 see the access device is a device in a RAN, in other words, the access device is a RAN node that enables the terminal device to access a wireless network [RAN utilizes the access stratum] ¶0212 the access device in embodiments of this disclosure may be a device configured to communicate with a terminal device, and the access device may also be referred to as an access network device or a radio access network device). Regarding claim 23: The already combined references teach the method of claim 1, wherein the subscription information comprises one or more clock accuracies (Kim ¶0016 see the time synchronization capability parameter may include at least one of a 5G Clock accuracy,) Regarding claim 24: The already combined references teach the method of claim 1, wherein the subscription information comprises indication information indicating whether the time synchronization service is allowed for the terminal device (Qiang ¶0010 see the first indication information indicates the terminal device to enter an activation state of time synchronization for a first clock source” may be understood as follows: The first indication information indicates the terminal device to activate the first clock source, or the first indication information indicates the terminal device to activate the time synchronization for the first clock source, or the first indication information indicates the terminal device to enable a capability of the time synchronization for the first clock source). Regarding claim 25: The already combined references teach the method of claim 1, wherein the first device is a time sensitive communication and time synchronization function network element (Qiang Fig 3 see Network Device #1), wherein the second device is an application function network element (Qiang Fig 3 see AF#1), and wherein the third device is an access network device (Qiang Fig 3 see Terminal Device #1 further ¶0212 see a terminal device, and the access device may also be referred to as an access network device or a radio access network device). Regarding claim 26: The already combined references teach the method of claim 2, wherein the second information further comprises indication information indicating the third device (Qiang Fig 3 element S120 see identifier of the terminal device). Regarding claim 27: The already combined references teach the method of claim 9, further comprising: receiving, by the third device, a third message from the first device (Qiang ¶0007 see A terminal device receives first indication information, where the first indication information indicates the terminal device to enter an activation state of time synchronization for a first clock source, or the first indication information indicates the terminal device to enter a deactivation state of time synchronization ¶0079 see network device generates first indication information includes); and stopping, by the third device, the time synchronization service based on the third message (Qiang ¶0013 see terminal device processes a time synchronization packet of the first clock source based on the first indication information includes: stopping generating (or not needing to generate) the time synchronization packet of the first clock source based on the first indication information) Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Qiang-Kim further in view of Feng (US20230397137A1) hereinafter Feng. Regarding claim 4: Qiang-Kim teach the method of claim 1, further comprising: Qiang-Kim does not explicitly teach sending, by the first device and to a unified data management device, a request message requesting the subscription information; and receiving, by the first device and from the unified data management device, a response message comprising the subscription information Feng however in the same field of computer networking teaches sending, by the first device and to a unified data management device, a request message requesting the subscription information; and receiving, by the first device and from the unified data management device, a response message comprising the subscription information (¶0131 see the time synchronization method may include: S801: receiving [sent], by the UDM, a virtual dedicated link subscription request sent by the PCF, S802: receiving, by the UDM, the virtual dedicated link management request sent by the AF forwarded by the NEF; and S803: sending, by the UDM, a virtual dedicated link management response to the NEF based on the virtual dedicated link management request, and replying a subscription event notification to the PCF based on the virtual dedicated link subscription request, wherein the subscription event notification includes virtual dedicated link information, and the virtual dedicated link information includes interface information and session information). Accordingly, it would have been obvious to one of ordinary skill in the art of computer networking at the effective filing date of the claimed invention given the messages of Qiang and the teachings of Feng for sending the messages to the UDM and getting a response to combine the teachings such that Qiang utilizes UDM messages of Feng. One of ordinary skill in the art would recognize that the results of the combination are predictable because each element in the combination is merely performing the same function it would perform separately. One would be motivated to combine these teachings because doing so allow for extended time synchronization parameters in order to provide for rapid deployment of a time sensitive networking TSN. Conclusion References are cited not only for their quoted language but for all that they teach. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Atta Khan whose telephone number is 571-270-7364. The examiner can normally be reached on M-F 09:00-6:00. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Vivek Srivastava can be reached on (571) 272-7304. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /ATTA KHAN/ Examiner, Art Unit 2449
Read full office action

Prosecution Timeline

Sep 25, 2024
Application Filed
Nov 13, 2024
Response after Non-Final Action
Dec 17, 2024
Response after Non-Final Action
Sep 18, 2026
Non-Final Rejection mailed — §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
84%
Grant Probability
99%
With Interview (+24.8%)
2y 6m (~6m remaining)
Median Time to Grant
Low
PTA Risk
Based on 337 resolved cases by this examiner. Grant probability derived from career allowance rate.

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