DETAILED ACTION
This is the first office action on the merits. Claims 1-9 are currently pending.
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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 7/12/2023 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 4-8 are rejected under 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph, because the claim purports to invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, but fails to recite a combination of elements as required by that statutory provision and thus cannot rely on the specification to provide the structure, material or acts to support the claimed function. As such, the claim recites a function that has no limits and covers every conceivable means for achieving the stated function, while the specification discloses at most only those means known to the inventor. Accordingly, the disclosure is not commensurate with the scope of the claim.
Claims 5-8 are rejected due to dependency.
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.
Claims 1-9 are 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 1 contains the indefinite claim language “wherein the forward Raman amplifier, according to a fiber type or a zero- dispersion wavelength of the fiber, changes the number of pumping light sources to be emitted, changes a power ratio between the plurality of pumping light sources with the different wavelengths, or changes wavelength characteristics of a gain, according to a fiber type.”
This limitation is unclear because this limitation merely states a function (changes the number of pumping lights or changes a power ratio or changes wavelength characteristics of a gain) without providing any indication about how the function is performed. The recited function does not follow from the structure recited in the claim, i.e., the pumping light sources, so it is unclear whether the function requires some other structure or is simply a result of operating the pumping light sources in a particular manner.
Regarding claims 1 and 9, the limitation “according to a fiber type” is unclear because the properties that are used to distinguish a fiber type, apart from the zero-dispersion wavelength, are not defined or particularly pointed out. Furthermore on line 7 of claims 1 and 9, it is unclear to what “according to a fiber type” refers.
Claims 2 and 3 are rejected due to dependency.
Claim 4 contains the indefinite claim language “wherein in a case where signal light exists within a wavelength band obtained by folding a pumping light wavelength with respect to a zero-dispersion wavelength on a wavelength axis, a pumping light power ratio of the wavelength is lowered to be lower than a pumping light power ratio of a wavelength in which signal light does not exist within the wavelength band obtained by folding the pumping light wavelength with respect to the zero-dispersion wavelength.”
This limitation is unclear because this limitation merely states a function (lowering a pumping light power ratio) without providing any indication about how the function is performed. No structure is recited in the claim to perform the recited function, so the claim limitation covers every conceivable means for achieving the stated result and the boundaries of the claim limitation are not well-defined.
Claims 5-8 are rejected due to dependency.
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(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 1-7 and 9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sekiya, US 20040085621 A1 (“Sekiya”).
Regarding claim 1, Sekiya discloses a forward Raman amplifier (Fig. 13, Paragraph [0201]) comprising: a plurality of pumping light sources with different wavelengths (Fig. 13, pumping LDs 21a, 22a, 23a, 24a, Paragraph [0204]), wherein the forward Raman amplifier, according to a fiber type or a zero- dispersion wavelength of the fiber (Fig. 15, FWM light at 1476 nm, Paragraph [0209]: given the non-zero dispersion shift fiber and the pump light wavelengths, light is generated by four wave mixing (FWM)), changes the number of pumping light sources to be emitted (Fig. 18, set powers of pumping light and input signal light, Paragraph [0208]), changes a power ratio between the plurality of pumping light sources with the different wavelengths (Fig. 18, set powers of pumping light and input signal light, Paragraph [0208]), or changes wavelength characteristics of a gain, according to a fiber type.
Regarding claim 2, Sekiya discloses the forward Raman amplifier according to claim 1, wherein in a case where signal light exists within a wavelength band obtained by folding a pumping light wavelength with respect to a zero-dispersion wavelength on a wavelength axis (Paragraph [0068]-[0071]: zero dispersion wavelength can be in pump light wavelength range or in wavelength range between pump light and signal light), power of a pumping light source with the wavelength is turned off (Fig. 18, set powers of pumping light and input signal light, Paragraph [0208]).
Regarding claim 3, Sekiya discloses the forward Raman amplifier according to claim 1, wherein a pumping light source is mounted that has a wavelength that does not fall within a wavelength band obtained by folding a wavelength of signal light with respect to a zero-dispersion wavelength of a fiber on a wavelength axis (Fig. 15, pumping peak wavelength λ1=1425 nm and λ2=1450 nm, Paragraph [0209]).
Regarding claim 4, Sekiya discloses a forward Raman amplifier (Fig. 13, Paragraph [0201]), wherein in a case where signal light exists within a wavelength band obtained by folding a pumping light wavelength with respect to a zero-dispersion wavelength on a wavelength axis (Paragraph [0068]-[0071]: zero dispersion wavelength can be in pump light wavelength range or in wavelength range between pump light and signal light), a pumping light power ratio of the wavelength is lowered to be lower than a pumping light power ratio of a wavelength in which signal light does not exist within the wavelength band obtained by folding the pumping light wavelength with respect to the zero-dispersion wavelength (Fig. 18, set powers of pumping light and input signal light, Paragraph [0208]).
Regarding claim 5, Sekiya discloses the forward Raman amplifier according to claim 4, wherein in a case where signal light exists within a wavelength band obtained by folding a pumping light wavelength with respect to a zero-dispersion wavelength on a wavelength axis, power of a pumping light source with the wavelength is turned off (Fig. 18, set powers of pumping light and input signal light, Paragraph [0208]: number of pump lights may be reduced).
Regarding claim 6, Sekiya discloses the forward Raman amplifier according to claim 4, wherein a pumping light source is mounted that has a wavelength that does not fall within a wavelength band obtained by folding a wavelength of signal light with respect to a zero-dispersion wavelength of a fiber on a wavelength axis (Fig. 13, pumping peak wavelength λ1 and λ2, Paragraph [0206]-[0207]).
Regarding claim 7, Sekiya discloses the forward Raman amplifier according to claim 4, wherein in addition, in a case where a plurality of the pumping light sources exists in which the signal light exists within the wavelength band obtained by folding the pumping light wavelength with respect to the zero-dispersion wavelength on the wavelength axis, a pumping light source closest to the zero-dispersion wavelength is quenched (Fig. 18, set powers of pumping light and input signal light, Paragraph [0208]: number of pump lights may be reduced).
Regarding claim 9, Sekiya discloses a bidirectional Raman amplification system comprising: a forward Raman amplifier (Fig. 7, forward pumping portion of the pumping portion 2, Paragraph [0123]) including a plurality of pumping light sources with different wavelengths (Fig. 7, pumping LDs 21a, 22a, 23a, 24a, Paragraph [0123]) and configured to, according to a fiber type or a zero- dispersion wavelength of the fiber (Fig. 15, FWM light at 1476 nm, Paragraph [0209]: given the non-zero dispersion shift fiber and the pump light wavelengths, light is generated by four wave mixing (FWM)), change the number of pumping light sources to be emitted (Fig. 18, set powers of pumping light and input signal light, Paragraph [0208]; See also Fig. 7, pumping current controller 4, Paragraph [0131]), change a power ratio between the plurality of pumping light sources with the different wavelengths (Fig. 18, set powers of pumping light and input signal light, Paragraph [0208]; See also Fig. 7, pumping current controller 4, Paragraph [0131]), or change wavelength characteristics of a gain, according to a fiber type; and a backward Raman amplifier (Fig. 7, backward pumping portion of the pumping portion 2, Paragraph [0134]) configured to generate wavelength characteristics of a gain in an opposite direction so as to compensate wavelength characteristics of a gain generated by the forward Raman amplifier (Paragraph [0135], [0177]-[0178]).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Sekiya in view of M. Morimoto, H. Ogoshi, J. Yoshida, S. Takasaka, A. Sano and Y. Miyamoto, "Co-Propagating Dual-Order Distributed Raman Amplifier Utilizing Incoherent Pumping," in IEEE Photonics Technology Letters, vol. 29, no. 7, pp. 567-570, 1 April1, 2017, doi: 10.1109/LPT.2017.2655043. (Referred to as “Morimoto”).
Regarding claim 8, Sekiya discloses the forward Raman amplifier according to claim 4, […], and in addition, in a case where the signal light exists within the wavelength band obtained by folding the pumping light wavelength with respect to the zero- dispersion wavelength on the wavelength axis, (Fig. 18, set powers of pumping light and input signal light, Paragraph [0208]).
Sekiya does not teach: wherein in addition, incoherent pumping light and coherent light are used as the pumping light and specifically quenching the coherent and incoherent light sources.
However, Morimoto teaches coherent and incoherent pumping light sources that co-propagate with signal light in a Raman amplifier (Fig. 4, i-pump, c-pump, page 569). Morimoto also teaches three pumping schemes that include (1) both incoherent and coherent pumping light, (2) coherent pumping light, and (3) incoherent pumping light (Table 1, Fig. 4, T1, T2, T3, Sw1, Sw2, Sw3, Pages 568-569).
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Sekiya’s Raman amplifier and method of changing the allocation of pumping lights in order to reduce FWM by adding both coherent and incoherent light sources and schemes to turn off either the incoherent or coherent lights, which is disclosed by Morimoto. One of ordinary skill in the art would have been motivated to make this modification in order to reduce RIN transfer, as suggested by Morimoto (page 567 Col. 2 second paragraph).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Onaka, US 20030137720 A1 discloses a Raman amplifier that changes the optical power ratio between different pumping light ratios.
Kado, US 20040240038 A1 discloses a bidirectional Raman amplifier that changes the power of pumping light for certain wavelengths without changing the gain.
Hainberger, US 20050152025 A1 discloses a bidirectional Raman amplifier that selects wavelengths based on four-wave mixing products.
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/RACHEL NGUYEN/Examiner, Art Unit 3645
/YUQING XIAO/Supervisory Patent Examiner, Art Unit 3645