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) 36-54 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, 49-52, 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 transmit and receive a control signal with the subscriber terminal (reference numeral 201 in Figure 2); 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, wherein the control signal (e.g. “OSC” as in paragraph [0053] and throughout) does not transmit a first transmission line (e.g. the transmission line between reference numeral 592, 503 as illustrated in Figure 5) between the add/drop circuitry (reference numeral 503, 504, 551, 552 in Figure 5) and the multiplexed separation circuitry (reference numeral 591, 592 in Figure 5) , and transmits a second transmission line (e.g. the transmission line between reference numeral 592, 505, 507 and/or between 592, 553, 555 as illustrated in Figure 5) between the add/drop circuitry (reference numeral 503, 504, 551, 552 in Figure 5) and the control circuitry (reference numeral 505, 507, 553, 555 in Figure 5).
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, 53, 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 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, 54, 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, 55, 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.
Response to Arguments
Applicant's arguments filed 05/18/26 have been fully considered but they are not persuasive. Examiner maintains NAKATA meets all the limitations of the claimed invention including the newly added limitations pertaining to the paths the control signal is allowed and not allowed to take. Specifically, examiner asserts Nakata meets the limitations that the control signal (e.g. “OSC” as in paragraph [0053] and throughout) does not transmit a first transmission line (e.g. the transmission line between reference numeral 592, 503 as illustrated in Figure 5) between the add/drop circuitry (reference numeral 503, 504, 551, 552 in Figure 5) and the multiplexed separation circuitry (reference numeral 591, 592 in Figure 5) , and transmits a second transmission line (e.g. the transmission line between reference numeral 592, 505, 507 and/or between 592, 553, 555 as illustrated in Figure 5) between the add/drop circuitry (reference numeral 503, 504, 551, 552 in Figure 5) and the control circuitry (reference numeral 505, 507, 553, 555 in Figure 5).
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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.
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/AGUSTIN BELLO/Primary Examiner, Art Unit 2635
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