Prosecution Insights
Last updated: April 19, 2026
Application No. 17/986,989

APPARATUSES AND METHODS FOR ENHANCING FLEXIBILITY AND CAPACITY IN A PROVISIONING OF COMMUNICATION SERVICES UTILIZING A FIBER MEDIUM

Final Rejection §102§103
Filed
Nov 15, 2022
Examiner
PHAM, BRENDA H
Art Unit
2412
Tech Center
2400 — Computer Networks
Assignee
AT&T Intellectual Property I, L.P.
OA Round
2 (Final)
91%
Grant Probability
Favorable
3-4
OA Rounds
2y 10m
To Grant
93%
With Interview

Examiner Intelligence

Grants 91% — above average
91%
Career Allow Rate
1055 granted / 1164 resolved
+32.6% vs TC avg
Minimal +2% lift
Without
With
+2.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
25 currently pending
Career history
1189
Total Applications
across all art units

Statute-Specific Performance

§101
8.9%
-31.1% vs TC avg
§103
33.2%
-6.8% vs TC avg
§102
28.7%
-11.3% vs TC avg
§112
15.2%
-24.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1164 resolved cases

Office Action

§102 §103
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 . Response to Arguments Applicant’s arguments, see , filed 10 October 2025, with respect to the rejection(s) of claim(s) 1, 21 and 23 under 35 U.S.C. 102 as being anticipated by Cvijetic et al have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of QIAN et al. Claims 1-16, 21-26 are pending. Claims 25-26 are newly added. Claims 21-24 are newly added. Figure 3 of the application illustrates the claimed invention. PNG media_image1.png 430 580 media_image1.png Greyscale Claim Rejections - 35 USC § 102 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claim(s) 1-3, 5-6, 8-9, 11-16, 21-26 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by QIAN et al. (US 2008/0267630). Regarding claims 1, 21 and 23, QIANet al. discloses a device, comprising: a processing system including a processor; and a memory that stores executable instructions that, when executed by the processing system, facilitate performance of operations, the operations comprising: subdividing a frequency spectrum (OLT (DWDM)) into a plurality of primary subcarriers (ONU1...ONUM), see figure 1. subdividing a first primary subcarrier of the plurality of primary subcarriers (OFDMA, ONU1...ONUM) into a first plurality of secondary subcarriers (1(Business area), 2(Mobile station), and 3(Residential)), transmitting, via a fiber, first data to a first location using a first secondary subcarrier included in the first plurality of secondary subcarriers (see figure 1); and transmitting, via the fiber, second data to a second location using a second secondary subcarrier included in the first plurality of secondary subcarriers, the second secondary subcarrier being different from the first secondary subcarrier wherein the subdividing of the frequency spectrum into the plurality of primary subcarriers is based on a use of a first multiple access technology, and wherein the first multiple access technology includes time division multiple access (TDMA), see figure 1. PNG media_image2.png 569 897 media_image2.png Greyscale Regarding claim 2, QIAN et al. teaches wherein the second data is different from the first data. (see figure 1: 1(Business area (IP+TDM)), 2(Mobile station (TDM)), 3(Residential area (IP)). Regarding claim 3, QIAN et al. teaches wherein the first data is associated with a first application executed by a first user equipment at the first location and the second data is associated with a second application executed by a second user equipment at the second location, the second application being different from the first application. (see figure 1). PNG media_image3.png 565 904 media_image3.png Greyscale Regarding claims 5, 12 and 25, QIAN et al. teaches wherein the subdividing of the first primary subcarrier of the plurality of primary subcarriers into the first plurality of secondary subcarriers is based on a use of a second multiple access technology. See figure 1. Regarding claims 6, 8 and 26, QIAN et al. teaches wherein the second multiple access technology is different from the first multiple access technology. (See figure 1, Cellular is a multiple technology access system because it uses various techniques like Time Division Multiple Access (TDMA), Frequency Division Multiple Access (FDMA), and Code Division Multiple Access (CDMA) to allow multiple users to share the network radio channels simultaneously. Modern cellular networks have also advanced to used Orthogonal Frequency Division Multiple Access (OFDMA), especially with technologies like 4G and 5G). Regarding claim 9, QIAN et al. teaches wherein the operation further comprise: configuring a first communication device at the first location to tune to the first secondary subcarrier to enable the first communication device to obtain the first data; and configuring a second communication device at the second location to tune to the second secondary subcarrier to enable the second communication device to obtain the second data. (see splitter configures to tune communication signal to an appropriate communication devices). See figure 1. Regarding claim 11, QIAN et al. teaches wherein the subdividing of the frequency spectrum into the plurality of primary subcarriers is facilitated by an optical splitter (see figure 1, splitter 122). Regarding claim 12, QIAN et al. teaches wherein the operations further comprise: subdividing a second primary subcarrier of the plurality of subcarrier into a second plurality of secondary subcarrier. Regarding claims 13-14, QIAN et al. teaches wherein the operations further comprise: transmitting, via the fiber, a third data to the first location, the second location, a third location, or any combination thereof, using a third secondary subcarrier included in the second plurality of second subcarriers. (See figure 1). PNG media_image4.png 565 892 media_image4.png Greyscale Regarding Claim 15, QIAN et al. teaches wherein the operation further comprising: obtaining, via the fiber third data from the first location using the first secondary carrier; and obtaining, via the fiber, fourth data from the second location using the secondary subcarrier. Figure 1 shows data obtain from location 1, 2 and 3 via ONU1, 2 and 3, respectively. Regarding claims 16 and 24, QIAN further teaches wherein the first location includes a residential building, an office building, or a combination thereof, and wherein the second location includes infrastructure with a cellular network. (See figure 1, Mobile Station). Claim Rejections - 35 USC § 103 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 10 and 22 are rejected under 35 U.S.C. 103 as being unpatentable over QIAN et al. (US 2008/0267630) in view of (WO 2007/047564 A1), herein refer as D1. Regarding claims 10 and 22, QIAN et al. in view of D1 fails to teach wherein the first communication device includes a first router, a first gateway, or a combination thereof, and wherein the second communication device includes a second router, a second gateway, or a combination thereof. D1, in the same field of invention, teaches this feature. (“In a particular embodiment, a distribution node for an optical network includes a wavelength router and a power splitter. The wavelength router is operable to receive a downstream signal comprising at least traffic in a first wavelength and traffic in a second wavelength from an upstream terminal, route the traffic in the first wavelength to a first plurality of downstream terminals and route the traffic in the second wavelength to a second plurality of downstream terminals.” See abstract, figure 1. Therefore, it would have been obvious to those having ordinary skills in the art before the effective filing date of the claimed invention to combine D2 with Cvijetic et al. so to route data to the appropriate terminals. Conclusion Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 BRENDA H PHAM whose telephone number is (571)272-3135. The examiner can normally be reached 571-272-3135. 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, Charles Jiang can be reached at 571-270-7191. 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. BRENDA H. PHAM Primary Examiner Art Unit 2412 /BRENDA H PHAM/Primary Examiner, Art Unit 2412
Read full office action

Prosecution Timeline

Nov 15, 2022
Application Filed
Jul 10, 2025
Non-Final Rejection — §102, §103
Oct 10, 2025
Response Filed
Nov 14, 2025
Final Rejection — §102, §103 (current)

Precedent Cases

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
91%
Grant Probability
93%
With Interview (+2.0%)
2y 10m
Median Time to Grant
Moderate
PTA Risk
Based on 1164 resolved cases by this examiner. Grant probability derived from career allow rate.

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