Prosecution Insights
Last updated: May 29, 2026
Application No. 17/888,791

FREE SPACE OPTICAL COMMUNICATION TERMINAL AND METHOD

Final Rejection §103
Filed
Aug 16, 2022
Priority
Aug 23, 2021 — EU 21192652.2
Examiner
THOMAS, WILFRED
Art Unit
2416
Tech Center
2400 — Computer Networks
Assignee
Airbus S.A.S.
OA Round
4 (Final)
77%
Grant Probability
Favorable
5-6
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 77% — above average
77%
Career Allowance Rate
214 granted / 277 resolved
+19.3% vs TC avg
Strong +30% interview lift
Without
With
+30.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
27 currently pending
Career history
316
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
94.0%
+54.0% vs TC avg
§102
3.8%
-36.2% vs TC avg
§112
1.0%
-39.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 277 resolved cases

Office Action

§103
DETAILED ACTION This communication is in response to applicant’s response filed under 37 C.F.R. §1.111 in response to a non-final office action. Claims 1, 10, and 12 have been amended. Claims 1-16 are subject to examination. Acknowledgement is made to the Applicant’s amendment to claims 1 and 12 to obviate the previous 35 USC § 112 to claims 1 and 12. The previous 35 USC § 112 to claims 1 and 12 are hereby withdrawn. Response to Arguments Applicant's arguments filed 12/18/2025 have been fully considered but they are not persuasive for the following reasons: Applicant’s Argument: The applicant argues, on page 8-9 in substance that "Applicant respectfully submits that Chaffee in view of Carlson, and further in view of Nykolak fails to disclose at least the features "a radio frequency transceiver operatively coupled to the control logic, the radio frequency transceiver configured to perform a handshake with the [[other]] second communication terminal, wherein the handshake includes the free space optical communication terminal being configured to communicate with the [[other]] second communication terminal to determine a wavelength or polarization to be used by each terminal for subsequent communications" of amended claim 1. In the Office Action, the Examiner relies on Chaffee and Carlson for allegedly disclosing most of the features of claim 1. However, the Examiner acknowledges that Chaffee and Carlson fail to disclose the radiofrequency transceiver, performing the handshake, and performing the handshake to determine a wavelength or polarization to be used by each terminal for subsequent communications. Instead, the Examiner relies on Nykolak for allegedly disclosing these features. Applicant respectfully disagrees with the Examiner's conclusions." Examiner’s Response: The examiner respectfully disagrees. Nykolak teaches, in Fig. 1 a device configured for free space optical transceiver that transmits or receives optical signal comprising a data signal and a beacon signal into free space This transceiver is coupled with controller that comprise a single FPGA (e.g., or other integrated circuit, such as an ASIC) that transmits signal both terminals send handshake data to establish timing and communications [0058], that includes space optical communication that determines wavelength or polarization by modulation depth different [0046] providing multi-rate capabilities. The device can be configured to use a communications channel that uses direct detection and on-off keying with directly modulated semiconductor lasers (e.g., operating at 850/830 nm)and Wavelengths can be selected. Further, Nykolak teaches Polarization multiplexing provides system redundancy in that if a single laser fails the system can continue to operate with near full functionality. These are some of the reason Examiner relies on Nykolak and further combining Chaffee and Carlson. However, claim 1 merely recites … coupled to the control logic, the radio frequency transceiver configured to perform a handshake …includes the free space optical communication terminal … determine a wavelength or polarization to be used by each terminal for subsequent communications. Applicant’s Argument: The applicant argues, on page 8-9 in substance that "In the Office Action, the Examiner alleges that paragraph [0042] of Nykolak discloses a radio frequency transceiver operatively coupled to the control logic, as claim 1 requires. On the contrary, the cited passage of Nykolak actually discloses one or more lasers 202, 204 to generate one or more beams indicative of data. Lasers emit visible light with a frequency (e.g., 400-790THz) outside the radio frequency spectrum (e.g., 3kHz - 300 GHz). That is, Nykolak does not disclose a radio frequency transceiver, as alleged by the Examiner. In fact, the term "radio" does not show up in the entirety of the disclosure of Nykolak. As such, contrary to the Examiner's contentions, Nykolak does not disclose the features "a radio frequency transceiver operatively coupled to the control logic" of pending claim 1.” Examiner’s Response: The examiner respectfully disagrees. It is true the word radio is not mentioned but Nykolak teaches the operation of radios The communication information can comprise data, a digital signal, an electrical signal, and/or the like. Where the electrical signal can be amplified and/or converted into a digital signal and in which the FPGA will serve as the singular control device for all electro-optic and electrical systems that examiner construes as radio frequency transceiver. Without a proper handshake as disused in the above argument, the electrical signal can be amplified and/or converted into a digital signal [0072]. Further Nykolak teaches the processes of a radio transceiver as in [0046-0049] beacon signal can be modulated at a first frequency. The data signal can be modulated at a second frequency the first modulation can have a frequency in the kHz range (e.g., about 5 kHz). The first modulation 302 can comprise a sine wave with a frequency in the kHz range (e.g., about 5 kHz). However, claim 1 merely recites … a radio frequency transceiver operatively coupled to the control logic, the radio frequency transceiver configured to perform a handshake… Regarding all other arguments presented by applicant, the arguments are substantially the same as those which have already been addressed above and in the interest of brevity; the examiner directs the applicant to those responses above. Claim Rejections - 35 USC § 103 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 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: 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, 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, 8, 9, and 11-14 are rejected under 35 U.S.C. 103 as being unpatentable over Chaffee et al. (Chaffee hereafter) (US 20210242944 A1) in view of Carlson (Carlson hereafter) (US 10637572 B1) (IDS provided) and in further view of Nykolak et al. (Nykolak hereafter) (US 20210067246 A1). Regarding claim 1 Chaffee teaches, A free space optical communication terminal configured for establishing an optical link to a second communication terminal through free space, the free space optical communication terminal comprising (Chaffee; Fig. 8): a laser source (USPL) configured for generating (generate) an outgoing beam of outgoing laser pulses (series of optical pulse in excess of 100 Gbps, and highly synchronized in nature at the output port), wherein the outgoing beam is to be transmitted from the laser source via free space (Fig. 22 … described herein can be utilized within a Free-space optical (FSO) system) to the second communication terminal (Chaffee;[0109] FIG. 21 depicts an example of a system 2100 that includes a mode-locked ultra-short pulsed laser (USPL) source 2101, which can be used to generate appropriately required clock and data streams for the application. Mode-locked lasers can represent a choice of high performance, high finesse source for clocks in digital communication systems. In this respect, mode-locked fiber lasers —in either linear or ring configuration—can make an attractive candidate of choice, as they can achieve pulse widths on the USPL source region and repetition rate as high as GHz… [0111] … Operation of the device is capable of establishing a self-contained series of optical pulse in excess of 100 Gbps, and highly synchronized in nature at the output port 2170 of the module. [0112] …create On-Off Keying (OOK) modulation on the pulse train coming out of the mode-locked laser … [0115] FIG. 22, here the MZ modulator can be replaced by the SA element 2330. A technique similar to those described herein can be utilized within a fiber based plant distribution system or within a FSO system, for terrestrial, submarine or FSO system either in air, space); a photo detecting apparatus (photonic chip pulse multiplier module 1504) configured for detecting an incoming beam of incoming laser pulses (The output from the USPL 102 can be fed as an input 1502), wherein the incoming beam is incoming from the second communication terminal (Chaffee; [0086] … The optical communications platform 602 shown in FIG. 6 can be in communication with a second optical communications platform 802, [0098] FIG. 15 illustrates an optical pulse multiplier module 1500 that can increase the repetition rate of the output from a USPL source 102. A typical USPL with a pulse width of 10-100 femto-seconds has a repetition rate of, for example, 50 MHz. The output from the USPL 102 can be fed as an input 1502 into a USPL photonic chip pulse multiplier module 1504. In this example, the photonic chip can contain a 20,000:1 splitter element 1506 that splits the input into discrete light elements.); a control logic that is operatively coupled to the laser source, the photo detecting apparatus and/or the optical input/output assembly (Chaffee; [0146] … A free-space optical (FSO) wireless communication system including one or more USPL sources can be used: within the framework of an optical communications network, in conjunction with the fiber-optic backhaul network (and can be used transparently within optical communications networks within an optical communications network (and can be modulated using On-Off keying (OOK) Non-Return-to-Zero (NRZ), and Return-to-Zero (RZ) modulation techniques, within the 1550 nm optical communications band), within an optical communications network (and can be modulated using Differential-Phase-Shift Keying (DPSK) modulation techniques),). Chaffee fails to explicitly teach, an optical input/output assembly located at a light input/output interface of the optical communication terminal, the optical input/output assembly being configured for selectively routing the incoming beam and the outgoing beam based on their respective beam polarization such that the incoming beam is routed to the photo detecting apparatus and the outgoing beam is routed from the laser source towards free space However, in the same field of endeavor Carlson teaches, an optical input/output assembly located at a light input/output interface (polarization beam splitter 110 as part of the transmit/receive diplexer (Fig. 1A)) of the optical communication terminal ((Fig. 1A), the optical input/output assembly being configured for selectively routing the incoming beam and the outgoing beam based on their respective beam polarization such that the incoming beam is routed to the photo detecting apparatus (transmitted through the beam splitter 110 into the preamplifier 124 of the receiver 114.) and the outgoing beam is routed from the laser source (If the red laser 102 is selected, then the vertically polarized light 134 from the red laser 102 will be reflected by the polarized beam splitter 110 ) towards free space (2×1 switch) ((Col 9, lines 38-Col 10 lines4] FIG. 1A, the selection between the red and blue lasers 102, 104 is made by a 2×1 switch 106. a linear polarization beam splitter 110 as part of the transmit/receive diplexer. The diplexer further includes a polarization retarder (i.e. waveplate) 132 that is rotationally or electrically switchable to convert the linear polarized light from the beam splitter 110 into either right or left circular polarization, …If the red laser 102 is selected, then the vertically polarized light 134 from the red laser 102 will be reflected by the polarized beam splitter 110 …transmitted through the beam splitter 110 into the preamplifier 124 of the receiver 114) It would have been obvious to one of ordinary skilled in the art before the effective filing date to create the invention of Chaffee to include the above recited limitations as taught by Carlson in order to provide greater flexibility in reconfiguring a laser communication network (Carlson; [Col 11 line 30]). Chaffee-Carlson fail to explicitly teach, a radio frequency transceiver operatively coupled to the control logic, the radio frequency transceiver configured to perform a handshake with the second communication terminal, wherein the handshake includes the free space optical communication terminal being configured to communicate with the second communication terminal to determine a wavelength to be used by each terminal for subsequent communications. Nykolak teaches, a radio frequency transceiver operatively coupled to the control logic ([0042]data signal can be used to cause the one or more lasers 202, 204 to generate (e.g., modulate) one or more beams indicative of the data.), the radio frequency transceiver configured to perform a handshake with the second communication terminal (Nykolak [0058] Locking can be signaled by both satellites making a small change in their beacon's respective modulation frequency. A transmit laser output can be focused (e.g., by defocuser 402) to provide a narrow diverging beam for communications and precise pointing and tracking. Both terminals can send handshake data to establish timing and the communications rate.), wherein the handshake includes the free space optical communication terminal being configured to communicate with the second communication terminal ([0042]The combined beam can be transmitted via an optical interface 208 (e.g., lens, aperture) to free space.) to determine a wavelength ([0081] diffraction limited divergence to 67 μrad and the laser can be modulated at ˜5 KHz.) to be used by each terminal for subsequent communications (Wavelength division multiplexing within the telescope, can provide transmit/receive isolation to maintain signal sensitivity. To provide both a narrow beam divergence for communications) (Nykolak; [0042] A data signal can be used to cause the one or more lasers 202, 204 to generate (e.g., modulate) one or more beams indicative of the data. The beam combiner 206 can output a combined beam (e.g., single beam). The combined beam can be transmitted via an optical interface 208 (e.g., lens, aperture) to free space. The optical interface 208 (e.g., aperture, lens) can receive an optical signal from free space. [0048] Wavelength division multiplexing within the telescope, can provide transmit/receive isolation to maintain signal sensitivity. To provide both a narrow beam divergence for communications [0076] A single FPGA can provide full system control including communication to the host satellite, PAT control, data framing, FEC, Tx, and Rx.), ([0081-0082] the laser collimating lens can be translated to increase the diffraction limited divergence to 67 μrad and the laser can be modulated at ˜5 KHz) (Fig. 8). It would have been obvious to one of ordinary skilled in the art before the effective filing date to create the invention of Chaffee-Carlson to include the above recited limitations as taught by Nykolak in order to transmit information from one device to another (Nykolak; [0067]). Regarding claim 12 Chaffee teaches, A free space optical communication method between a first free space optical communication terminal and a second free space optical communication terminal, the method comprising: providing a free space optical communication terminal configured for establishing an optical link to another communication terminal through free space, the free space optical communication terminal comprising (Chaffee; [0085] FIG. 6 illustrates an example of an optical communications system 600… An optical amplifier element 604, which can optionally be an optical fiber amplifier element, can be used to increase optical transmit launch power, and can optionally be disposed between the external modulator 302 and the transmitting element 106 and connected to one or both via an additional transmission medium 306, which can optionally be a fiber medium, a free space connection, etc): a laser source (USPL) configured for generating (generate) an outgoing beam of outgoing laser pulses (series of optical pulse in excess of 100 Gbps, and highly synchronized in nature at the output port), wherein the outgoing beam is to be transmitted from the laser source via free space (Fig. 22 … described herein can be utilized within a Free-space optical (FSO) system) to the second free space communication terminal (Chaffee; [0109] FIG. 21 depicts an example of a system 2100 that includes a mode-locked ultra-short pulsed laser (USPL) source 2101, which can be used to generate appropriately required clock and data streams for the application. Mode-locked lasers can represent a choice of high performance, high finesse source for clocks in digital communication systems. In this respect, mode-locked fiber lasers —in either linear or ring configuration—can make an attractive candidate of choice, as they can achieve pulse widths on the USPL source region and repetition rate as high as GHz… [0111] … Operation of the device is capable of establishing a self-contained series of optical pulse in excess of 100 Gbps, and highly synchronized in nature at the output port 2170 of the module. [0112] …create On-Off Keying (OOK) modulation on the pulse train coming out of the mode-locked laser … [0115] FIG. 22, here the MZ modulator can be replaced by the SA element 2330. A technique similar to those described herein can be utilized within a fiber based plant distribution system or within a FSO system, for terrestrial, submarine or FSO system either in air, space); a photo detecting apparatus (photonic chip pulse multiplier module 1504) configured for detecting an incoming beam of incoming laser pulses (The output from the USPL 102 can be fed as an input 1502), wherein the incoming beam is incoming from the second communication terminal (Chaffee; [0086] … The optical communications platform 602 shown in FIG. 6 can be in communication with a second optical communications platform 802, [0098] FIG. 15 illustrates an optical pulse multiplier module 1500 that can increase the repetition rate of the output from a USPL source 102. A typical USPL with a pulse width of 10-100 femto-seconds has a repetition rate of, for example, 50 MHz. The output from the USPL 102 can be fed as an input 1502 into a USPL photonic chip pulse multiplier module 1504. In this example, the photonic chip can contain a 20,000:1 splitter element 1506 that splits the input into discrete light elements.); a control logic that is operatively coupled to the laser source, the photo detecting apparatus and/or the optical input/output assembly (Chaffee; [0146] … A free-space optical (FSO) wireless communication system including one or more USPL sources can be used: within the framework of an optical communications network, in conjunction with the fiber-optic backhaul network (and can be used transparently within optical communications networks within an optical communications network (and can be modulated using On-Off keying (OOK) Non-Return-to-Zero (NRZ), and Return-to-Zero (RZ) modulation techniques, within the 1550 nm optical communications band), within an optical communications network (and can be modulated using Differential-Phase-Shift Keying (DPSK) modulation techniques),). generating an outgoing beam of outgoing laser pulses (generation, transmission, and receiving of high pulse rate USPL optical streams), wherein the outgoing beam is to be transmitted (The optical chip multiplexing module 1610 can provide efficient modulation by a USPL signal 1685 output from a USPL source 1690 for ingress optical signals 1601, 1602, 1603, 1604. ) via free space to the second free space optical (Fig. 16 free-space optical (FSO)) communication terminal (Chaffee; [0100] FIG. 16 depicts a system 1600 for generation, transmission, and receiving of high pulse rate USPL optical streams… The optical chip multiplexing module 1610 can provide efficient modulation by a USPL signal 1685 output from a USPL source 1690 for ingress optical signals 1601, 1602, 1603, 1604.); detecting an incoming beam of incoming laser pulses (include a receiving element 204), wherein the incoming beam is the outgoing beam that is incoming from the first free space optical (can receive amplified and electrically recovered data received at the receiving element 204) communication terminal (Chaffee; [0087] The optical communications platform 602 shown in FIG. 6 can be in communication with a second optical communications platform 802, which can in this implementation include a receiving element 204 and an optical preamplifier 704 similar to those shown in FIG. 7. As shown in FIG. 8, the second optical communications platform 802 can further include optical receiver circuitry 804, which can receive amplified and electrically recovered data received at the receiving element 204 and amplified by the optical preamplifier.); and Chaffee fails to explicitly teach, an optical input/output assembly located at a light input/output interface of the optical communication terminal, the optical input/output assembly being configured for selectively routing the incoming beam and the outgoing beam based on their respective beam polarization such that the incoming beam is routed to the photo detecting apparatus and the outgoing beam is routed from the laser source towards free space However, in the same field of endeavor Carlson teaches, an optical input/output assembly located at a light input/output interface (polarization beam splitter 110 as part of the transmit/receive diplexer (Fig. 1A)) of the optical communication terminal ((Fig. 1A), the optical input/output assembly being configured for selectively routing the incoming beam and the outgoing beam based on their respective beam polarization such that the incoming beam is routed to the photo detecting apparatus (transmitted through the beam splitter 110 into the preamplifier 124 of the receiver 114.) and the outgoing beam is routed from the laser source (If the red laser 102 is selected, then the vertically polarized light 134 from the red laser 102 will be reflected by the polarized beam splitter 110 ) towards free space (2×1 switch) ((Col 9, lines 38-Col 10 lines4] FIG. 1A, the selection between the red and blue lasers 102, 104 is made by a 2×1 switch 106. a linear polarization beam splitter 110 as part of the transmit/receive diplexer. The diplexer further includes a polarization retarder (i.e. waveplate) 132 that is rotationally or electrically switchable to convert the linear polarized light from the beam splitter 110 into either right or left circular polarization, …If the red laser 102 is selected, then the vertically polarized light 134 from the red laser 102 will be reflected by the polarized beam splitter 110 …transmitted through the beam splitter 110 into the preamplifier 124 of the receiver 114) It would have been obvious to one of ordinary skilled in the art before the effective filing date to create the invention of Chaffee to include the above recited limitations as taught by Carlson in order to provide greater flexibility in reconfiguring a laser communication network (Carlson; [Col 11 line 30]). Chaffee-Carlson fail to explicitly teach, a radio frequency transceiver operatively coupled to the control logic, the radio frequency transceiver configured to perform a handshake with the second free space communication terminal; performing a handshake procedure between the free space optical communication terminal and the second free space communication terminal, wherein the handshake includes the free space optical communication terminal communicating with the other communication terminal to determine a wavelength or polarization to be used by each terminal for subsequent communications; and subsequent to the handshake procedure: Nykolak teaches, a radio frequency transceiver operatively coupled to the control logic ([0042]data signal can be used to cause the one or more lasers 202, 204 to generate (e.g., modulate) one or more beams indicative of the data.), the radio frequency transceiver configured to perform a handshake with the second free space communication terminal (Nykolak; [0058] Locking can be signaled by both satellites making a small change in their beacon's respective modulation frequency. A transmit laser output can be focused (e.g., by defocuser 402) to provide a narrow diverging beam for communications and precise pointing and tracking. Both terminals can send handshake data to establish timing and the communications rate), wherein the handshake includes the free space optical communication terminal being configured to communicate with the second free space communication terminal ([0042] The combined beam can be transmitted via an optical interface 208 (e.g., lens, aperture) to free space.) (Nykolak; [0042] A data signal can be used to cause the one or more lasers 202, 204 to generate (e.g., modulate) one or more beams indicative of the data. The beam combiner 206 can output a combined beam (e.g., single beam). The combined beam can be transmitted via an optical interface 208 (e.g., lens, aperture) to free space. The optical interface 208 (e.g., aperture, lens) can receive an optical signal from free space. [0048] Wavelength division multiplexing within the telescope, can provide transmit/receive isolation to maintain signal sensitivity. To provide both a narrow beam divergence for communications, [0076] A single FPGA can provide full system control including communication to the host satellite, PAT control, data framing, FEC, Tx, and Rx). performing a handshake procedure between the free space optical communication terminal and the second free space communication terminal (Nyklak; [0058] Locking can be signaled by both satellites making a small change in their beacon's respective modulation frequency. A transmit laser output can be focused (e.g., by defocuser 402) to provide a narrow diverging beam for communications and precise pointing and tracking. Both terminals can send handshake data to establish timing and the communications rate.), wherein the handshake includes the free space optical communication terminal communicating with the second free space communication terminal ([0067] At step 806, the first optical signal can be output in to free space. The first optical signal can be output via an optical interface (e.g., via a first aperture, a lens). The first optical signal can transmit information from one device to another)) (Nykolak; [0066-0067] The beam divergence can be adjusted based on an operational mode of the laser. At step 806, the first optical signal can be output in to free space. The first optical signal can be output via an optical interface (e.g., via a first aperture, a lens). The first optical signal can transmit information from one device to another) (Fig. 8) to determine a wavelength ([0081] diffraction limited divergence to 67 μrad and the laser can be modulated at ˜5 KHz.) to be used by each terminal for subsequent communications (Wavelength division multiplexing within the telescope, can provide transmit/receive isolation to maintain signal sensitivity. To provide both a narrow beam divergence for communications) (Nykolak; [0042] A data signal can be used to cause the one or more lasers 202, 204 to generate (e.g., modulate) one or more beams indicative of the data. The beam combiner 206 can output a combined beam (e.g., single beam). The combined beam can be transmitted via an optical interface 208 (e.g., lens, aperture) to free space. The optical interface 208 (e.g., aperture, lens) can receive an optical signal from free space. [0048] Wavelength division multiplexing within the telescope, can provide transmit/receive isolation to maintain signal sensitivity. To provide both a narrow beam divergence for communications), ([0081-0082] the laser collimating lens can be translated to increase the diffraction limited divergence to 67 μrad and the laser can be modulated at ˜5 KHz.); and subsequent to the handshake procedure (Nykolak; [0068] At step 808, a second optical signal can be received. The second optical signal can be received via the optical interface (e.g., via the first aperture, via a second aperture). The second optical signal can comprise a second data signal and a second beacon signal. The second beacon signal can be modulated at a first frequency. The second data signal can be modulated at a second frequency higher than the first frequency. [0069] At step 810, the second optical signal can be split (e.g., by a beam splitter) to a third optical signal and a fourth optical signal). It would have been obvious to one of ordinary skilled in the art before the effective filing date to create the invention of Chaffee-Carlson to include the above recited limitations as taught by Nykolak in order to transmit information from one device to another (Nykolak; [0067]). Regarding claims 3 and 14 Chaffee-Carlson-Nykolak teaches,. The optical communication terminal according to claim 1, Chaffee-Nykolak fails to explicitly teach, wherein the laser source is configured for generating the outgoing beam with linear polarization, wherein the optical input/output assembly is configured for changing an outgoing beam polarization from a first linear polarization to a first elliptical or circular polarization and for changing an incoming beam polarization from a second elliptical or circular polarization to a second linear polarization, wherein the second linear polarization is different from the first linear polarization However, in the same field of endeavor Carlson teaches, wherein the laser source is configured for generating the outgoing beam with linear polarization, wherein the optical input/output assembly is configured for changing an outgoing beam polarization from a first linear polarization to a first elliptical or circular polarization and for changing an incoming beam polarization from a second elliptical or circular polarization to a second linear polarization, wherein the second linear polarization is different from the first linear polarization (Carlson; [Col 5 lines 47-lines 60] … The transmit-receive polarization diplexer includes a beam splitter having a linear polarization that is oriented so as to direct the linear polarized transmit laser light to a transmitting output of the terminal, and a …configured to convert the linear polarized transmit laser light into circularly polarized laser light, … laser communication terminal is in the first terminal configuration to convert the linearly polarized transmit laser light into right circularly polarized transmit laser light, … the laser communication terminal is in the second terminal configuration so as to convert the linearly polarized transmit laser light into left circularly polarized transmit laser light. [Col 9 lines40-55] transmit laser module 144 are configured to emit linearly polarized beams. This enables the present architecture to implement a linear polarization beam splitter 110 as part of the transmit/receive diplexer. The diplexer further includes a polarization retarder (i.e. waveplate) 132 that is rotationally or electrically switchable to convert the linear polarized light from the beam splitter 110 into either right or left circular polarization, and to convert received light that is circularly polarized back into liner polarized light. According to the disclosed method, when the terminal is switched between being configured as a red terminal and being configured as a blue terminal, the polarization waveplate 132 is switched so as to impose circular polarization in opposite directions onto “red” and “blue” transmitted laser light.). It would have been obvious to one of ordinary skilled in the art before the effective filing date to create the invention of Chaffee-Nykolak to include the above recited limitations as taught by Carlson in order to provide greater flexibility in reconfiguring a laser communication network (Carlson; [Col 11 line 30]). Regarding claim 5 Chaffee-Carlson-Nykolak teaches,. The optical communication terminal according to claim 1, Chaffee-Nykolak fails to explicitly teach, wherein the optical link includes a plurality of channels that are defined by different central wavelengths of the laser pulses, wherein the laser source is configured to generate the outgoing beam having laser pulses with different central wavelengths However, in the same field of endeavor Carlson teaches, wherein the optical link includes a plurality of channels that are defined by different central wavelengths of the laser pulses, wherein the laser source is configured to generate the outgoing beam having laser pulses with different central wavelengths (Carlson; [Col 8 lines 55-60] …transmitting communications at either of two selected wavelengths, which are referred to herein as the “red” wavelength and the “blue” wavelength, although the two selected wavelengths can be any two wavelengths that can be isolated from each other, and need not even be within the visible spectrum). It would have been obvious to one of ordinary skilled in the art before the effective filing date to create the invention of Chaffee-Nykolak to include the above recited limitations as taught by Carlson in order to receive encoded command signals (Carlson; [Col 11 line 30]). Regarding claim 8 Chaffee-Carlson-Nykolak teaches, the optical communication terminal according to claim 1, Chaffee further teaches, wherein the laser source includes a laser booster amplifier configured to operate in saturation mode, in order to amplify the outgoing laser pulses (Chaffee; [0084] … An optical amplifier element 604, which can optionally be an optical fiber amplifier element, can be used to increase optical transmit launch power, and can optionally be disposed between the external modulator 302 and the transmitting element 106 and connected to one or both via an additional transmission medium 306, which can optionally be a fiber medium, a free space connection, etc…[0085] … optical preamplifier 704 for amplifying a received optical signal and an optical amplifier element 604 for boosting a transmitted optical signal). Regarding claim 9 Chaffee-Carlson-Nykolak teaches,. The optical communication terminal according to claim 1, Chaffee-Nykolak fails to explicitly teach, wherein the photo detecting apparatus includes a laser pre-amplifier configured to operate in low-noise mode, in order to amplify the incoming laser pulses while adding a minimum of noise Carlson further teaches, wherein the photo detecting apparatus includes a laser pre-amplifier configured to operate in low-noise mode, in order to amplify the incoming laser pulses while adding a minimum of noise (Carlson; [Col 10 lines2-3] … converted into horizontally polarized blue light 142 by the waveplate 132, and then transmitted through the beam splitter 110 into the preamplifier 124 of the receiver 114.). It would have been obvious to one of ordinary skilled in the art before the effective filing date to create the invention of Chaffee-Nykolak to include the above recited limitations as taught by Carlson in order to provide greater flexibility in reconfiguring a laser communication network (Carlson; [Col 11 line 30]). Regarding claim 11 Chaffee-Carlson-Nykolak teaches, A free space optical communications arrangement comprising according to claim 1 Chaffee-Nykolak fails to explicitly teach, wherein both terminals are configured, a first free space optical communication terminal and a second free space optical communication terminal, Carlson further teaches, wherein both terminals are configured, a first free space optical communication terminal and a second free space optical communication terminal, (Carlson; [Col 3 lines3-12] …the configuration of a terminal that implements the disclosed architecture can be transitioned as needed, between configuration as a “red” terminal and configuration as a “blue” terminal… configuration as a “red” terminal and configuration as a “blue” terminal. Embodiments are applicable to satellite terminals, ground terminals, and airborne terminals in flight that implement an ad-hoc airborne network configuration. Embodiments implemented in satellite terminals enable transitioning between red and blue configurations on-orbit.). It would have been obvious to one of ordinary skilled in the art before the effective filing date to create the invention of Chaffee-Nykolak to include the above recited limitations as taught by Carlson in order to provide greater flexibility in reconfiguring a laser communication network (Carlson; [Col 11 line 30]). Regarding claim 13 Chaffee-Carlson-Nykolak teaches, the method according to claim 12, Chaffee further teaches, wherein the outgoing beam is reflected towards free space and the incoming beam is transmitted from free space by a beam splitter (Chaffee; Fig. 16 [0101] At a remote receive site where a receiving device is positioned, all signals sent via a transmitting element 1660 at the transmitting device can be recovered using an appropriate receiver element 1665. A complementary set of optical chip multiplexing module 1675 can provide necessary capabilities for demultiplexing the received data stream as shown by elements for delivery to a series of routers 1601', 1602', 1603', 1604’). Regarding claim 15 Chaffee-Carlson-Nykolak teaches,. The method according to claim 12, Chaffee further teaches,. wherein the laser source generates the outgoing beam having laser pulses with a different central wavelength for each channel of the optical link (Chaffee; [0102] each 10 GigE signal runs independent of other such signals on its own wavelength… )., and in the photo detecting apparatus a tunable wavelength filter is tuned to allow passage of a tunable spectral window of wavelengths of the incoming beam (Chaffee; [0122] Referring again to FIG. 24, an incoming USPL source identified as element 2401 is coupled to an optical coupler element 2403, such that one leg of the coupler connects to an optical photodiode selected for operation at the operational data rate of 2401. Using standard electronic filtering techniques described by elements 2404, 2405, and 2406 an electrical square wave representation of the incoming USPL signal is extracted and identified by element 2407. The second optical leg of coupler 2403 is interfaced into an appropriate optical splitter element identified by 2410, where the incoming signal into 2410 is split into 206 parallel optical paths. Also illustrated are variable rate optical delay lines established in parallel for each of the parallel branches of the splitter element 2410. The parallel piezo-electric electric elements are identified by elements 242N and are controlled electronically through feedback circuitry within the diagram. A control voltage identified by Vc is generated through a photodiode 2485 along with electronic circuitry elements 2480 and 2475. The clock-and-data Recovery (CDR) element 2475 produces a clock source that is used in controlling each of the PZ elements. Optical paths identified as 244N are combined after a proper delay is introduced into each leg of element 2410. The pulse multiplied USPL signal 2490 is thereby generated). Claim 2 are rejected under 35 U.S.C. 103 as being unpatentable over Chaffee-Carlson-Nykolak as applied to claim 1 above, and further in view of Makowski et al. (Makowski hereafter) (US 20140294399 A1). Regarding claim 2 Chaffee-Carlson-Nykolak teaches, the optical communication terminal according to claim 1, Chaffee-Carlson-Nykolak fails to explicitly teach, wherein the optical input/output assembly includes a beam splitter configured such that the outgoing beam is routed from the laser source towards free space and such that the incoming beam is routed from free space towards the photo detecting apparatus depending on the respective beam polarization However, in the same field of endeavor Makowski teaches, wherein the optical input/output assembly includes a beam splitter configured such that the outgoing beam is routed from the laser source towards free space and such that the incoming beam is routed from free space towards the photo detecting apparatus depending on the respective beam polarization (Makowski; [0043] FIG. 5. Laser relay module (LRM) 1 is depicted in a receiving mode and LRM n is depicted in a transmitting mode for simplicity reasons. As shown, the receive signal enters the LRM telescope 502, which collects a portion of the beam transmitter from the ground and reduces the size (diameter) of the signal beam so that it can more easily be routed to the other components. After the telescope, the signal beam reflects off a fast steering mirror 504, which adjusts for fine pointing and base motion disturbances of the light beam signal. In some embodiments, the beacon collection function may be performed by a dichroic beam splitter 506 that route the beacon to a detector 542 that is used to stabilize the beam signal and is configured to receive encoded command signals. [0044] … A polarization beam splitter 510 is designed to pass one polarization, the receiver beam, and reflect the opposite polarization, the transmit beam). It would have been obvious to one of ordinary skilled in the art before the effective filing date to create the invention of Chaffee-Carlson-Nykolak to include the above recited limitations as taught by Makowski in order to receive encoded command signals (Makowski; [0043]). Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Chaffee-Carlson-Nykolak as applied to claim 3 above, and further in view of Orino et al. (Orino hereafter) (US 5530577 A) (IDS provided). Regarding claim 4 Chaffee-Carlson-Nykolak teaches, the optical communication terminal according to claim 3, Chaffee-Carlson-Nykolak fails to explicitly teach wherein the optical input/output assembly includes a polarization changer configured such that the outgoing beam polarization is changed from the first linear polarization to the first elliptical or circular polarization and such that the incoming beam polarization is changed from the second elliptical or circular polarization to the second linear polarization However, in the same field of endeavor Orino teaches, wherein the optical input/output assembly includes a polarization changer configured such that the outgoing beam polarization is changed from the first linear polarization to the first elliptical or circular polarization and such that the incoming beam polarization is changed from the second elliptical or circular polarization to the second linear polarization (Orino; [Col 4 lines60- col5 lines 30] That is, the optical axis of the quarter-wave plate of one of the apparatuses is rotated by 90 degrees with respect to that of the quarter-wave plate of the other apparatus by means of operation members 10a, 10b and transmission members 11a, 11b. This is performed when the apparatuses 1a and 1b are installed. Although a beam expander (not shown) is disposed beyond each of the beam splitters 4a and 4b Transmission of a light signal from the optical communication apparatus 1a to the remote apparatus 1b will now be described. The laser beam La emerging from the laser diode 2a is a linearly polarized light whose plane of polarization corresponds to a Z-axis direction shown in FIG. 1(A). The lens group 3a having a positive power creates a beam made up of parallel rays of light from the laser beam La, and sends that beam to the polarization beam splitter 4a. The joining surface 4aa of the polarization beam splitter 4a reflects most of the laser beam La. The reflected light is incident on the quarter-wave plate 5a. An optical axis 9a of the quarter-wave plate 5a is inclined by 45 degrees to the left of the Y-axis, i.e., by 45 degrees to the right of a plane of polarization 8a of the laser beam La, in FIG. 1(B). Thus, the laser beam La that is incident on the quarter-wave plate 5a emerges therefrom as circularly polarized light 10a. Thereafter, the laser beam La is transmitted toward the remote apparatus 1b.…The joining surface 4bb of the polarization beam splitter 4b having the same characteristics as those of the polarization beam splitter 4a transmits most of the laser beam La having this plane of polarization, i.e., the light loss of the polarization beam splitter 4b is less. Thereafter, the laser beam La is condensed on the light-receiving element 7b by the lens group 6b having a positive power… [Col 7 lines 57-58] Changes in a polarized state of the laser beam will now be described. FIG. 4(B)). It would have been obvious to one of ordinary skilled in the art before the effective filing date to create the invention of Chaffee-Carlson-Nykolak to include the above recited limitations as taught by Orino in order to perform two-way optical communications (Orino; [Col line 49]). Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Chaffee-Carlson-Nykolak as applied to claim 1 above, and further in view of Fujita et al. (Fujita hereafter) (US 6008935 B1). Regarding claim 6 Chaffee-Carlson-Nykolak teaches, the optical communication terminal according to claim 1, Chaffee-Carlson-Nykolak fails to explicitly teach wherein the photo detecting apparatus comprises a photo detector and a tunable wavelength filter that is arranged along a path of the incoming beam before the photo detector, wherein the tunable wavelength filter is configured to allow passage of a tunable spectral window of wavelengths However, in the same field of endeavor Fujita teaches, wherein the photo detecting apparatus comprises a photo detector and a tunable wavelength filter that is arranged along a path of the incoming beam before the photo detector, wherein the tunable wavelength filter is configured to allow passage of a tunable spectral window of wavelengths (Fujita; [Col 8 lines 19-34] an optical splitter 21, a tunable wavelength filter 31, a sweeper 41, a photo detector 51, a peak detection unit 61, a background light detection unit 71, a differential processing unit 81 and an arithmetic processing unit 91 are added to the optical amplifier shown in FIG. 4. The optical splitter 21 is inserted into the input part of an optical amplifier unit 10 and branches the light inputted into the optical amplifier. The tunable wavelength filter 31 transmits a specific wavelength component included in the light branched by the optical splitter 21. The sweeper 41 sweeps the transmission wavelength of the tunable wavelength filter 31 in a specific wavelength range. The photo detector 51 receives the transmission light of the tunable wavelength filter 31 and converts the light into an electric signal). It would have been obvious to one of ordinary skilled in the art before the effective filing date to create the invention of Chaffee-Carlson-Nykolak to include the above recited limitations as taught by Fujita in order to sweeps the transmission wavelength in a specific wavelength range. (Fujita; [Col 8 lines33-34]). Claim 7 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Chaffee-Carlson-Nykolak as applied to claim 1and 12 above, and further in view of Gleckman (Gleckman hereafter) (US 7277641 B1) (IDS provided). Regarding claims 7 and 15 Chaffee-Carlson-Nykolak teaches, the claims 1 and 12, Chaffee-Carlson-Nykolak fails to explicitly teach, wherein the optical input/output assembly includes another tunable wavelength filter arranged along a path of the outgoing beam before free space, wherein the other tunable wavelength filter is configured to allow passage of a tunable spectral window of wavelengths However, in the same field of endeavor Gleckman teaches, wherein the optical input/output assembly includes another tunable wavelength filter arranged along a path of the outgoing beam before free space, wherein the other tunable wavelength filter is configured to allow passage of a tunable spectral window of wavelengths (Gleckman; [Col 8 lines 48-65]… Optical bandpass filters function to transmit light having a wavelength within the passband of the filter, while reflecting light outside of the passband. Bandstop filters reflect light inside the stopband and transmit light outside. In addition, the filters preferably do not alter the polarization of light that is transmitted or reflected. For example, the retardance on reflection is independent of out-of-band wavelength, and preferably is zero or 180.degree.. Examples of bandpass filters suitable for use in connection with embodiments of the present invention include Fabry-Perot type filters having one or more cavities formed by a stack of dielectrics. As can be appreciated by one of skill in the art, the center of the passband shifts to shorter wavelengths as the angle of incidence grows from normal. Although some amount of wavelength shift can be accommodated by a receiver, such shift should be less than the channel spacing of the system) It would have been obvious to one of ordinary skilled in the art before the effective filing date to create the invention of Chaffee-Carlson-Nykolak to include the above recited limitations as taught by Gleckman in order to receive encoded command signals (Gleckman; [Col 7 line 45]). Allowable Subject Matter Claim 10 and 16 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. The following is a statement of reasons for the indication of allowable subject matter: wherein the free space optical communication terminal being configured to communicate with the second communication terminal to determine the wavelength or polarization to be used by each terminal for subsequent communications includes a first value being assigned to the free space optical communication terminal and a second value being assigned to the second communication terminal and setting the communication terminal with a higher value to a first wavelength or polarization mode and setting the communication terminal with the lower value to a second wavelength or polarization mode. 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 WILFRED THOMAS whose telephone number is (571)270-0353. The examiner can normally be reached Mon -Thurs 9:00 am-4:00 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, Noel R Beharry can be reached at 571-270-5630. 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. /W. T/Examiner, Art Unit 2416 /NOEL R BEHARRY/Supervisory Patent Examiner, Art Unit 2416
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Prosecution Timeline

Show 3 earlier events
May 09, 2025
Final Rejection mailed — §103
Jul 08, 2025
Request for Continued Examination
Jul 16, 2025
Response after Non-Final Action
Oct 31, 2025
Non-Final Rejection mailed — §103
Dec 18, 2025
Response Filed
Apr 02, 2026
Final Rejection mailed — §103
May 18, 2026
Request for Continued Examination
May 23, 2026
Response after Non-Final Action

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5-6
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99%
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