Prosecution Insights
Last updated: April 19, 2026
Application No. 17/788,537

OPTICAL COMMUNICATION APPARATUS, OPTICAL COMMUNICATION SYSTEM AND OPTICAL COMMUNICATION METHOD

Non-Final OA §102
Filed
Jun 23, 2022
Examiner
BELLO, AGUSTIN
Art Unit
2635
Tech Center
2600 — Communications
Assignee
NTT, Inc.
OA Round
1 (Non-Final)
75%
Grant Probability
Favorable
1-2
OA Rounds
2y 8m
To Grant
88%
With Interview

Examiner Intelligence

Grants 75% — above average
75%
Career Allow Rate
679 granted / 901 resolved
+13.4% vs TC avg
Moderate +12% lift
Without
With
+12.1%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
24 currently pending
Career history
925
Total Applications
across all art units

Statute-Specific Performance

§101
2.7%
-37.3% vs TC avg
§103
39.9%
-0.1% vs TC avg
§102
45.5%
+5.5% vs TC avg
§112
8.9%
-31.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 901 resolved cases

Office Action

§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 . Election/Restrictions Applicant’s election without traverse of Species I in the reply filed on 12/19/25 is acknowledged. 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 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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. Claim(s) 36-49 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nakata (Publication No.: US 2019/0090037 A1). Regarding claim 36, 45, 47, 49, Nakata teaches An optical communication system that performs optical transmission with subscriber terminal, and relays optical signal according to destination, the optical communication system comprising: control circuitry (reference numeral 210, 213, 1, 10, 20 in Figure 2) configured to communicate with the subscriber terminal (reference numeral 201 in Figure 2) by using a control signal; access control circuitry (reference numeral 1, 211 in Figure 2) configured to permit a main signal communication for the subscriber terminal; add/drop circuitry (reference numeral 211, 212 in Figure 2) configured to input optical signal from the subscriber terminal, and output optical signal to the subscriber terminal; and multiplexed separation circuitry (e.g. “multiplexer and demultiplexer” as in abstract and throughout) configured to perform a line concentration of optical path from the subscriber terminal to another path in an upstream, and perform a distribution of optical path from the another path to the subscriber terminal in a downstream. Regarding claim 37, 41, 46, 48, Nakata teaches The optical communication system according to claim 36, the control signal is superimposed on a main signal (e.g. “supervisory control information is superimposed on an Lx WDM signal (main signal)” as in paragraph [0045]). Regarding claim 38, 42, Nakata teaches The optical communication system according to claim 36, wherein the access control circuitry (reference numeral 1, 211 in Figure 2) is configured to check, based on optical signal transmitted from the subscriber terminal, whether or not a wavelength designated for the subscriber terminal has been correctly set, or an output power is sufficient, and permit a start of a main signal communication to the subscriber terminal upon checking that there is no problem (e.g. “desired route” “designated wavelengths” as in paragraph [0060]). Regarding claim 39, 43, Nakata teaches The optical communication system according to claim 36, wherein the multiplexed separation circuitry (e.g. “multiplexer and demultiplexer” as in abstract and throughout) is configured to multiplex optical signals having different wavelengths from a plurality of subscriber terminals, and output the multiplexed optical signals to a transmission path of another path of connection destination, input, from the transmission path, optical signal transmitted from the another path of the connection destination, and demultiplex the input optical signal into signals addressed to subscriber terminals according to wavelength. Regarding claim 40, 44, Nakata teaches The optical communication system according to The optical communication system according to wherein the add/drop circuitry (reference numeral 212 in Figure 2) is configured to input and output multiplexed optical signals having a plurality of wavelengths. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to AGUSTIN BELLO whose telephone number is (571)272-3026. The examiner can normally be reached Monday through Friday, 9 AM - 5 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, David Payne can be reached at (571)272-3024. 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. /AGUSTIN BELLO/Primary Examiner, Art Unit 2635
Read full office action

Prosecution Timeline

Jun 23, 2022
Application Filed
Feb 11, 2026
Non-Final Rejection — §102 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12596229
3D TAPERED NANOPHOTONIC WAVEGUIDE TO FIBER EDGE COUPLER
2y 5m to grant Granted Apr 07, 2026
Patent 12580673
OPTICAL COMMUNICATION SYSTEM TRANSMITTING AND RECEIVING OPTICAL SUBCARRIERS HAVING DIFFERENT SPECTRAL WIDTHS AND/OR POWER VALUES
2y 5m to grant Granted Mar 17, 2026
Patent 12580657
OUT-OF-BAND COMMUNICATION CHANNEL FOR SUBCARRIER-BASED OPTICAL COMMUNICATION SYSTEMS
2y 5m to grant Granted Mar 17, 2026
Patent 12571974
ADAPTER, CONNECTOR, AND OPTO-ELECTRIC TRANSMISSION ASSEMBLY
2y 5m to grant Granted Mar 10, 2026
Patent 12574110
MODULAR CELL SITE INSTALLATION, TESTING, MEASUREMENT, AND MAINTENANCE TOOL
2y 5m to grant Granted Mar 10, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

AI Strategy Recommendation

Get an AI-powered prosecution strategy using examiner precedents, rejection analysis, and claim mapping.
Powered by AI — typically takes 5-10 seconds

Prosecution Projections

1-2
Expected OA Rounds
75%
Grant Probability
88%
With Interview (+12.1%)
2y 8m
Median Time to Grant
Low
PTA Risk
Based on 901 resolved cases by this examiner. Grant probability derived from career allow rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month