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 .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 6 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 6 recites the limitation “the second pair of optical carriers” in lines 3-4 of the claim. There is insufficient antecedent basis for this limitation in the claim.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 2 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Claim 2 recites the limitation “generating the second combined signal for the second DU comprises generating the second combined signal using the first optical carrier and the second optical carrier” in lines 2-3 of the claim. Claim 2 depends upon claim 1 which recites in lines 10-11 the limitation “generating a second combined signal for a second DU using … ii) the first pair of optical carriers” and in line 4-5 the limitation “wherein the first pair of optical carriers consists of a first optical carrier and a second optical carrier”. That is, claim 1 already covers the limitation of claim 2.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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.
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.
Claim(s) 1-2, 5-6, 9-12, 21-24, and 26-27 is/are rejected under 35 U.S.C. 103 as being unpatentable over Beas et al. (Beas et al., “Millimeter-Wave Frequency Radio over Fiber Systems: A Survey”, IEEE Communications Surveys & Tutorials, Vol. 15, No. 4, 2013) in view of Zhang et al. (U.S. Patent Application Pub. 2020/0119813 A1) and Bourderionnet et al. (U.S. Patent Application Pub. 2020/0365988 A1).
Regarding claim 1, Beas et al. teaches in FIG. 1 and FIG. 9(a) a method performed by a central unit (CU) (Beas et al. teaches in FIG. 1 central station CS) for enabling at least two distributed radio units (DUs) (Beas et al. teaches in FIG. 1 three base stations BS) to generate a radio frequency (RF) carrier, the method comprising:
using a single light source (laser of FIG. 9(a)), generating at least a first pair of optical carriers (λ1 and λ2), wherein the first pair of optical carriers consists of a first optical carrier (λ1) and a second optical carrier (λ2);
generating a first combined signal for a first DU using i) a first optical coupler (optical coupler OC), ii) the first pair of optical carriers;
generating a second combined signal for a second DU (it is understood that a duplication of FIG. 9(a) can be used as the transmitter for the second TX/RX module of the CS in FIG. 1 of Beas et al.);
transmitting the first combined signal to the first DU (it is clear from FIG. 1 that the first TX/RX is for the first BS and the second TX/RX is for the second BS, etc.); and transmitting the second combined signal to the second DU, wherein the frequency of the RF carrier is equal to the frequency separation between the first optical carrier and the second optical carrier (Beas et al. teaches in FIG. 9(a) that fmm = λ2 – λ1, where fmm is the desired mm-wave frequency—see p.1600, left col., 3rd paragraph), generating the first combined signal comprises:
employing a first modulator to modulate the first optical carrier using data for the first DU (Beas et al. teaches in FIG. 9(a) external modulator EM modulated with downlink data), thereby generating a first modulated optical carrier; and using the first optical coupler to combine the first modulated optical carrier with the second optical carrier thereby generating the first combined signal (Beas et al. teaches in FIG. 9(a) coupler OC for combining the signal from the output of EM and λ2),
generating the second combined signal comprises: employing a second modulator to modulate the first optical carrier using data for the second DU, thereby generating a second modulated optical carrier; and using the second optical coupler to combine the second modulated optical carrier with the second optical carrier thereby producing the second combined signal (it is understood that a second combined signal can be generated by a method similar to that for generating the first combined signal wherein the second combined signal is for the second DU, i.e. the second BS in FIG. 1 of Beas et al.).
The difference between Beas et al. and the claimed invention are (a) Beas et al. does not teach that the second optical carrier is phase coherent with the first optical carrier, (b) Beas et al. does not teach using splitters and the same pair of carriers for generating the first combined signal and the second combined signal.
Zhang et al. teaches in FIG. 1 a device for generating a plurality of carrier from a single light source 118 by using a comb generator 114 and a demultiplexer 124 to separate the carriers. Zhang et al. teaches in paragraph [0093] that the tone pairs 166(1), ...166(N) are phased synchronized coherent. One of ordinary skill in the art would have combined the teaching of Zhang et al. with the system of Beas et al. because it is a simple substitution of one known, equivalent element for another to obtain predictable results. Thus it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use a comb generator to generate pairs of carriers that are phased synchronized coherent, as taught by Zhang et al., in the system of Beas et al.
The combination of Beas et al. and Zhang et al. still fails to teach using splitters for generating the first combined signal and the second combined signal. Bourderionnet et al. teaches in FIG. 2 using splitters for sharing optical carriers among different transmitters. Specifically, Bourderionnet et al. teaches a splitter for separating the output of laser 26 into two branches, one for modulator 30 and one for modulator 32; Bourderionnet et al. teaches splitters for splitting optical signal generated by laser 28 into several branches to be used by combiners 48. One of ordinary skill in the art would have been motivated to combine the teaching of Bourderionnet et al. with the modified system of Beas et al. and Zhang et al. because the approach reduces the number of carrier pairs. Thus it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use splitters to share carrier pair, as taught by Bourderionnet et al., in the modified system of Beas et al. and Zhang et al.
The combination of Beas et al., Zhang et al. and Bourderionnet et al. teaches generating a first combined signal for a first DU using i) a first optical coupler (optical coupler OC), ii) the first pair of optical carriers, iii) a first optical splitter (FIG. 2 of Bourderionnet et al. is reproduced below with annotation indicating the splitters; the first splitter is the one before the modulators), iv) a second optical splitter (the splitter next to the combiner 48), and v) a de-multiplexor (Beas et al. teaches in FIG. 9 AWG as wavelength demultiplexer).
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The combination of Beas et al., Zhang et al. and Bourderionnet et al. further teaches
that the first optical splitter comprises: i) an input coupled to a first output of the de-multiplexor (i.e., the first carrier from the AWG of FIG. 9(a) of Beas et al.) for receiving the first optical carrier; ii) a first output coupled to the first modulator for providing the first optical carrier to the first modulator (see FIG. 2 of Bourderionnet et al.), and iii) a second output coupled to the second modulator (see FIG. 2 of Bourderionnet et al.) for providing the second optical carrier to the second modulator,
the second optical splitter (the splitter next to the combiner 48) comprises: i) an input coupled to a second output of the de-multiplexor (i.e., the second carrier from the AWG of FIG. 9(a) of Beas et al.) for receiving the second optical carrier; ii) a first output coupled to the first optical coupler for providing the second optical carrier to the first optical coupler (OC of FIG. 9(a) of Beas et al.); iii) a second output coupled to the second optical coupler for providing the second optical carrier to the second optical coupler, and
transmitting the first combined signal to the first DU and transmitting the second combined signal to the second DU comprises: i) transmitting the first combined signal to the first DU using a first optical fiber link (first fiber 52 counting from the top in FIG. 2 of Bourderionnet et al.); and ii) transmitting the second combined signal to the second DU using a second optical fiber link (second optical fiber 52 counting from the top in FIG. 2 of Bourderionnet et al.) that is distinct from the first optical fiber link.
Regarding claim 2, Bourderionnet et al. teaches in FIG. 2 generating the second combined signal for the second DU comprises generating the second combined signal using the first optical carrier and the second optical carrier.
Regarding claim 5, Bourderionnet et al. teaches in FIG. 2 transmitting the first combined signal to the first DU and transmitting the second combined signal to the second DU comprises: i) transmitting the first combined signal to the first DU using a first optical fiber link (first fiber 52 counting from the top); and ii) transmitting the second combined signal to the second DU using a second optical fiber link (second optical fiber 52 counting from the top) that is distinct from the first optical fiber link.
Regarding claim 6, Zhang et al. teaches in FIG. 1 comb generator 114 for generating the first pair optical carriers 166(1) and second pair of optical carriers 166(2).
Regarding claim 9, Zhang et al. teaches in FIG. 21 bi-directional optical fiber link such that the Tx/Rx at the CS side can receive a signal transmitted by the first DU.
Regarding claim 10, Zhang et al. teaches in FIG. 21 that an optical circulator is used to enable the CU to receive the signal via the first optical fiber link.
Regarding claim 11, Zhang et al. teaches in FIG. 1 using the unmodulated optical carrier 112B to generate a modulated signal and transmit the modulated signal to the CU; it is understood that similar process is done for the unmodulated carrier of the second combined signal.
Claim 12 is rejected for the same reason for rejecting claim 1.
Regarding claim 21, Bourderionnet et al. teaches in FIG. 2 generating the second combined signal for the second DU comprises generating the second combined signal using the first optical carrier and the second optical carrier.
Regarding claim 22, the combination of Beas et al., Zhang et al. and Bourderionnet et al. teaches a second modulator to modulate the first optical carrier using data for the second DU (it is understood that the second combined signal can be generated similar to the first combined signal using a second modulator), thereby generating a second modulated optical carrier, and using the second optical coupler to combine the second modulated optical carrier with the second optical carrier thereby generating the second combined signal.
Regarding claim 23, Bourderionnet et al. teaches in FIG. 2 transmitting the first combined signal to the first DU using the first optical fiber link (first fiber 52 counting from the top in FIG. 2 of Bourderionnet et al.); and transmitting the second combined signal to the second DU using the second optical fiber link (second optical fiber 52 counting from the top in FIG. 2 of Bourderionnet et al.).
Regarding claim 24, Zhang et al. teaches in FIG. 1 comb generator 114 for generating the first pair optical carriers 166(1) and second pair of optical carriers 166(2).
Regarding claim 26, Zhang et al. teaches in FIG. 21 bi-directional optical fiber link such that the Tx/Rx at the CS side can receive a signal transmitted by the first DU.
Regarding claim 27, Zhang et al. teaches in FIG. 21 that an optical circulator is used to enable the CU to receive the signal via the first optical fiber link.
Claim(s) 31 is/are rejected under 35 U.S.C. 103 as being unpatentable over Beas et al., Zhang et al. and Bourderionnet et al. as applied to claims 1-2, 5-6, 9-12, 21-24, and 26-27 above, and further in view of Cavaliere et al. (U.S. Patent Application Pub. 2017/0033885 A1).
Beas et al., Zhang et al. and Bourderionnet et al. have been discussed above in regard to claims 1-2, 5-6, 9-12, 21-24, and 26-27. The difference between Beas et al., Zhang et al. and Bourderionnet et al. and the claimed invention is that Beas et al., Zhang et al. and Bourderionnet et al. do not teach a variable optical attenuator (VOA). Cavaliere et al. teaches in FIG. 5 a transmitter where an optical carrier is combined with the modulated signals. Cavaliere et al. teaches in FIG. 5 a VOA to adjust the power of the optical carrier. One of ordinary skill in the art would have been motivated to combine the teaching of Cavaliere et al. with the modified system of Beas et al., Zhang et al. and Bourderionnet et al. because the VOA can be used to adjust the optical power of the carrier so that the combined signal is optimized for performance. Thus it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use a VOA to adjust the power of the optical carrier, as taught by Cavaliere et al., in the modified system of Beas et al., Zhang et al. and Bourderionnet et al.
Claim(s) 32 is/are rejected under 35 U.S.C. 103 as being unpatentable over Beas et al. (Beas et al., “Millimeter-Wave Frequency Radio over Fiber Systems: A Survey”, IEEE Communications Surveys & Tutorials, Vol. 15, No. 4, 2013) in view of Zhang et al. (U.S. Patent Application Pub. 2020/0119813 A1) and Shamee et al. (U.S. Patent 10,700,700 B1).
Regarding claim 32, Beas et al. teaches a method performed by a central unit (CU) (Beas et al. teaches in FIG. 1 central station CS) for generating a radio frequency (RF) carrier, the method comprising:
using a single light source (laser of FIG. 9(a)) and a de-mulitplexor (AWG of FIG. 9(a)), generating at least a first pair of optical carriers ((λ1 and λ2)), wherein the first pair of optical carriers consists of a first optical carrier and a second optical carrier;
generating a first combined signal for a first DU using i) a first optical coupler (OC of FIG. 9(a) of Beas et al.) and ii) the first pair of optical carriers (λ1 and λ2 of FIG. 9(a) of Beas et al.); generating a second combined signal for a second DU using i) a second optical coupler and ii) a second pair of optical carriers (it is understood that the second combined signal can be generated using a method similar to that for generating the first combined signal); transmitting the first combined signal to the first DU; and transmitting the second combined signal to the second DU (it is clear from FIG. 1 that the first TX/RX is for the first BS and the second TX/RX is for the second BS, etc.), wherein the frequency of the RF carrier is equal to the frequency separation between the first optical carrier and the second optical carrier (Beas et al. teaches in FIG. 9(a) that fmm = λ2 – λ1, where fmm is the desired mm-wave frequency—see p.1600, left col., 3rd paragraph), generating the first combined signal using the first optical coupler and the first pair of optical carriers comprises: employing a first modulator to modulate the first optical carrier using data for the first DU (Beas et al. teaches in FIG. 9(a) external modulator EM modulated with downlink data), thereby generating a first modulated optical carrier; and using the first optical coupler to combine the first modulated optical carrier with the second optical carrier thereby generating the first combined signal, generating the second combined signal using the second optical coupler and the second pair of optical carriers comprises: employing a second modulator to modulate the third optical carrier using data for the second DU, thereby generating a third modulated optical carrier; and using the second optical coupler to combine the third modulated optical carrier with the fourth optical carrier thereby generating the second combined signal (it is understood that the second combined signal can be generated in a manner similar to that for generating the first combined signal), the first optical coupler comprises: i) a first input coupled to a first output of the first modulator for receiving the first modulated optical carrier; ii) a second input for receiving the second optical carrier; and iii) a first output coupled a first input of the multiplexor for providing the first combined signal to the multiplexor, the second optical coupler comprises: i) a first input coupled to a first output of the second modulator for receiving the third modulated optical carrier; ii) a second input for receiving the fourth optical carrier; and iii) a first output coupled a second input of the multiplexor for providing the second combined signal to the multiplexor, the first modulator comprises: i) a first input coupled to a first output of the de-multiplexor for receiving the first optical carrier; ii) a second input for receiving the data for the first DU; and iii) a first output coupled the first input of the first optical coupler, the second modulator comprises: i) a first input coupled to a third output of the de-multiplexor for receiving the third optical carrier; ii) a second input for receiving the data for the second DU; and iii) a first output coupled the first input of the second optical coupler, and transmitting the first combined signal to the first DU comprises transmitting the first combined signal to the first DU using a multiplexer (Beas et al. indicates in FIG. 1 an encircled ∑ which equivalent to a multiplexer) and a first optical fiber link; and transmitting the second combined signal to the second DU comprises transmitting the second combined signal to the second DU using the multiplexer and the first optical fiber link, and the multiplexer used to transmit the first and second combined signal is separate from both the first optical coupler that is used to generate the first combined signal and the second optical coupler that is used to generate the first combined signal.
The difference between Beas et al. and the claimed invention are (a) Beas et al. does not teach that the first optical carrier is phase coherent with the second optical carrier and (b) Beas et al. does not teach generating a second pair of optical carriers using the same single light source. Zhang et al. teaches in FIG. 1 a device for generating a plurality of carrier from a single light source 118 by using a comb generator 114 and a demultiplexer 124 to separate the carriers. Zhang et al. teaches in paragraph [0093] that the tone pairs 166(1), ...166(N) are phased synchronized coherent. One of ordinary skill in the art would have combined the teaching of Zhang et al. with the system of Beas et al. because it is a simple substitution of one known, equivalent element for another to obtain predictable results. Thus it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use a comb generator to generate pairs of carriers that are phased synchronized coherent, as taught by Zhang et al., in the system of Beas et al.
It may not be clear in the combination of Beas et al. and Zhang et al. that the multiplexer used to transmit the first and second combined signal is separate from both the first optical coupler that is used to generate the first combined signal and the second optical coupler that is used to generate the first combined signal. To strengthen the rejection, the Examiner cites Shamee et al. which teaches in FIG. 3 coupler 368 and multiplexer 306 which is separate from the coupler used in modules 304B and 304N. One of ordinary skill in the art would have been motivated to combine the teaching of Shamee et al. with the modified system of Beas et al. and Zhang et al. because Shamee et al. teaches the details of implementation that are missing from Beas et al. and Zhang et al. Thus it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use a multiplexer that is separate from both the first optical coupler that is used to generate the first combined signal and the second optical coupler that is used to generate the first combined signal, as taught by Shamee et al., in the modified system of Beas et al. and Zhang et al.
Response to Arguments
Applicant's arguments filed 12 May 2026 have been fully considered but they are not persuasive.
The Applicant argues on page 12 of the Remarks:
With respect to the above subject matter, the Office merely contends that Bourderionnet teaches a second modulator in FIG. 2. (See Office Action at page 8). The Office, however, has not cited any reference as performing the steps of “employing [the] second modulator to modulate the first optical carrier using data for the second DU, thereby generating a second modulated optical carrier” and “using the second optical coupler to combine the second modulated optical carrier with the second optical carrier thereby producing the second combined signal.” Thus, the Examiner has failed to meet the burden to establish a prima facie case of unpatentability. Furthermore, Applicant's undersigned representative has reviewed Bourderionnet and submits that Bourderionnet does not teach the above features.
The argument is not persuasive. The generation of the second modulated signal is simply a duplication of the procedure of generating the first modulated signal. The court held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced. In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960).
The Applicant continues:
Because the emphasized features above are not taught or suggested by cited references, neither alone nor in combination, Applicant submits that claim 1 is patentable over the Art, and therefore, is in condition for allowance.
The argument is not persuasive. The cited references clear teach the cited limitations. The references may not teach verbatim the cited limitations. However, the cited limitations are obvious in view of the references as explain above in the rejection section.
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 SHI K LI whose telephone number is (571)272-3031. The examiner can normally be reached M-F 6:53 a.m. -3:23 p.m.
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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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skl24 May 2026
/SHI K LI/Primary Examiner, Art Unit 2635
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