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 .
DETAILED ACTION
This office action is in response to the communication filed on 11/11/2025. Claims 1, 4-16, 20, 23, 26 and 29 are pending in the application. Claims 1, 4-16, 20, 23, 26 and 29 have been rejected.
Response to Arguments
Applicant's arguments, see pages 10-12 of remarks filed on 11/11/2025 with respect to 35 USC 102(a)(2) type rejections of claims 1, 4-16, 20, 23, 26 and 29 have been fully considered but they are not persuasive.
Regarding previous 35 USC 102(a)(2) type rejections, applicant primarily argues that the combination of cited references fails to teach expressly
(i) Bucklew does not show a single, reconfigurable transmitter. Instead, it explicitly shows two separate and distinct protocol devices, namely, a "CV-QKD PROTOCOL DEVICE" (54) and a "DV-QKD PROTOCOL DEVICE" (56) (See page 10 of remarks files on 11/11/2025)
(ii) “Bucklew's mode selection is accomplished by a switch selecting a different protocol device (see Fig. 4, step 110, "operate switch to select the desired device"). Applicants submit this is not the same as electrically reconfiguring the same transmitter using a predetermined electrical drive SO that that transmitter becomes CV-mode or DV-mode. While Bucklew has a "controller," its role is to decide which device to route and to monitor channel conditions (see Fig. 4, steps 106/108/114). It does not disclose a single modulator/attenuation path whose drive waveform is altered to realize both CV and DV operation. (See page 11 of remarks files on 11/11/2025); and
(iii) “In contrast, the claimed approach is directed towards a structurally different invention-a single, integrated, reconfigurable transmitter-that is specifically designed for the different context of an optical fiber network. Bucklew neither discloses this integrated structure nor provides any motivation for a person skilled in the art to build one for a fiber network.” (See page 12 of remarks files on 11/11/2025)
Examiner respectfully disagrees with the applicant’s above arguments for the reasons as explained as bellows.
In response to applicant’s arguments that (i) “Bucklew does not show a single, reconfigurable transmitter. Instead, it explicitly shows two separate and distinct protocol devices, namely, a "CV-QKD PROTOCOL DEVICE" (54) and a "DV-QKD PROTOCOL DEVICE" (56)”, examiner respectfully disagrees with the applicant’s above arguments. Upon further examination, Bucklew reference was found to teach a single, reconfigurable transmitter (note figure 1.26: transmitter node; and para. [0025]: transmitter node 26 is a stand alone entity, and can be reconfigured by switching between built in CV-QKD and DV-QKD protocols) Furthermore, In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., a single, reconfigurable transmitter that operates in either mode and whose internal operating mode changed by an electric signal) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
In response to applicant’s arguments that (ii) “Bucklew's mode selection is accomplished by a switch selecting a different protocol device (see Fig. 4, step 110, "operate switch to select the desired device"), Applicants submit this is not the same as electrically reconfiguring the same transmitter using a predetermined electrical drive SO that that transmitter becomes CV-mode or DV-mode.”, examiner respectfully disagrees with the applicant’s above arguments. Upon further examination, Bucklew reference was found to teach a switch 50 (communicative to monitoring device 60 and controller 44) that operated to select CV-mode or DV-mode (note figure 1.50, and para. [0025] and [0038]) In other words, switch 50 communicative to the controller 44 is responsible for sending signal or selecting an operating mode that would configure/ reconfigure the transmitter to operate in a CV-QKD mode or a DV-QKD mode. Furtehrmore, In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., electrically reconfiguring the same transmitter using a predetermined electrical drive SO that that transmitter becomes CV-mode or DV-mode) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
In response to applicant’s arguments that (iii) “In contrast, the claimed approach is directed towards a structurally different invention-a single, integrated, reconfigurable transmitter-that is specifically designed for the different context of an optical fiber network. Bucklew neither discloses this integrated structure nor provides any motivation for a person skilled in the art to build one for a fiber network.”, examiner respectfully disagrees with the applicant’s above arguments. Upon further examination, Bucklew reference was found to teach the transmitter designed for communicating using both the FSO and optical fiber communication channels (note figure 1.36b, and para. [0024])
Therefore, Bucklew reference was found to teach the features set forth by the applicant’s arguments, and previous 35 USC 102 (a)(2) type rejections are maintained. Note, examiner’s positions regarding the teachings of Bucklew reference are further clarified in this office action. (please see office action below for detail explanations)
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (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 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.
Claims 1, 4-16, 20, 23, 26 and 29 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US patent publication 20210119786 granted to Bucklew et al.
Regarding claim 1, Bucklew meets the claimed limitations as follows:
A network node configured to operate in an optical fiber network, the network node comprising: a quantum key distribution (QKD) communication unit configured to communicate with another QKD communication unit of at least one other network node of the optical fiber network according to a continuous-variable (CV)-QKD mode and/or a discrete-variable (DV)-QKD mode (note paragraph [0025]: The transmitter node 26 is configured to transmit to the receiver node 28 via its output 27, the bit stream of optical pulses and switch between first and second QKD protocols based upon at least one channel condition. . .); and
a control unit configured to control the QKD communication unit to operate in at least one of the CV-QKD mode and the DV-QKD mode, wherein the control unit is configured to switch operation of the QKD communication unit between the CV-QKD mode and the DV-QKD mode (note paragraph [0025]: switch 50 for switching between the first and second QKD protocols, which in an embodiment are respectively a continuous-variable QKD (CV-QKD) protocol, and a discrete-variable (DV-QKD) protocol. . .);
wherein the QKD communication unit comprises at least one QKD transmitter configured to operate in at least one of the CV-QKD mode and the DV-QKD mode (note paragraph [0025]: transmitter node 26),
wherein the control unit is configured to drive the QKD communication unit with a first predetermined electric signal such that the QKD transmitter operates either in the CV-QKD mode or in the DV-QKD mode (note figure 1.50, and para. [0025] – [0026] and [0038]: switch 50 (communicative to controller 44) responsible for sending signal or selecting an operating mode that would switch/ reconfigure the transmitter to operate in a CV-QKD mode or a DV-QKD mode.)
Regarding claim 4, Bucklew meets the claimed limitations as follows:
The network node of claim 3, wherein the QKD transmitter comprises: a modulator unit configured to modulate amplitude and/or phase of light signal emitted by at least one light source; and an electronic circuit configured to drive the modulator unit according to the first predetermined electric signal (note paragraphs [0025] and [0031]: The transmitter node 26 may include other components not illustrated in detail, such as a spatial light modulator (SLM) that imposes a spatially varying modulation by modulating intensity and phase, a waveguide array that increases bit generation and phase bin states, and an attenuation filter. As noted above, the receiver node 28 may include the phase detector 75 and homodyne detection applicable for the CV-QKD protocol.)
Regarding claim 5, Bucklew meets the claimed limitations as follows:
The network node of claim 4, wherein the QKD transmitter comprises an attenuator configured to attenuate the modulated light signal to a predetermined level and/or set a mean photon number required for the CV-QKD mode or the DV-QKD mode, wherein the electronic circuit is configured to control the attenuator (note paragraphs [0025] and [0031]: The transmitter node 26 may include . . . an attenuation filter.)
Regarding claim 6, Bucklew meets the claimed limitations as follows:
The network node of any one of claim 2, wherein the control unit is configured to operate the QKD transmitter simultaneously in the CV-QKD mode and the DV-QKD mode by using any one of time, frequency, space, polarization multiplexing, and any combinations thereof (note paragraphs [0025] and [0036])
Regarding claim 7, Bucklew meets the claimed limitations as follows:
The network node of any one of claim 2, wherein the QKD transmitter combines at least one CV-QKD transmitter and at least one DV-QKD transmitter, the at least one CV-QKD transmitter and the at least one DV-QKD transmitter share at least one opto-electronic component (note Figure 1, elements 26, 40, 54 and 56)
Regarding claim 8, Bucklew meets the claimed limitations as follows:
The network node of any one of claim 1, wherein the QKD communication unit comprises at least one QKD receiver configured to operate in at least one of the CV-QKD mode and the DV-QKD mode (note paragraph [0021]: quantum communication systems 20, the transmitter node 26 is usually referred to as “Alice” and the receiver node 28 is usually referred to as “Bob”; and Figure 1, elements 20 and 28)
Regarding claim 9, Bucklew meets the claimed limitations as follows:
The network node of claim 8, wherein the control unit is configured to drive the QKD communication unit with a second predetermined electric signal such that the at least one QKD receiver operates either in the CV-QKD mode or in the DV-QKD mode (note paragraphs [0021] and [0025])
Regarding claim 10, Bucklew meets the claimed limitations as follows:
The network node of claim 9, wherein the at least one QKD receiver comprises: a processing/detection unit configured to perform detection of CV-QKD and DV-QKD signals in the CV-QKD mode and the DV-QKD mode respectively; and an electronic circuit configured to drive the processing/detection unit according to the second predetermined electric signal (note paragraphs [0025] and [0028]: The receiver node 28 may include receiver opto-electronic (OE) circuitry 70 that receives via the input 29 the bit stream of optical pulses from the transmitter node 26 over the quantum communications channel 30. An optical detector circuit 72 receives the bit stream of optical pulses from the OE circuitry 70 and detects the optical pulses, such as via at least one single photon detector 74, and generates appropriate signals that may be processed via a controller 76 at the receiver node 28 demodulate depending on the type of CV-QKD or DV-QKD protocol. The OE circuitry 70 may include in an example a circuit that detects the specific CV-QKD or DV-QKD protocols and employ appropriate circuitry at both the OE circuitry and optical detector circuit 72 for processing signals depending on the protocol.)
Regarding claim 11, Bucklew meets the claimed limitations as follows:
The network node of any one of claim 8, wherein the control unit is configured to operate the at least one QKD receiver simultaneously in the CV-QKD mode and the DV-QKD mode by using any one of time, frequency, space, polarization multiplexing, and any combinations thereof (note paragraphs [0025] and [0036])
Regarding claim 12, Bucklew meets the claimed limitations as follows:
The network node of any one of claim 8, wherein the QKD receiver combines at least one CV-QKD receiver and at least one DV-QKD receiver, the at least one CV-QKD receiver and the at least one DV-QKD receiver share at least one opto-electronic component (note paragraphs [0025] and [0028])
Regarding claim 13, Bucklew meets the claimed limitations as follows:
The network node of any one of claim 1, wherein the CV-QKD mode is based on at least one CV-QKD protocol and the DV-QKD mode is based on at least one DV-QKD protocol (note paragraphs [0025] and [0029])
Regarding claim 14, Bucklew meets the claimed limitations as follows:
The network node of claim 13, wherein the at least one CV-QKD protocol comprises of a GG02 protocol and a discrete-modulated CV-QKD protocol, wherein the at least one DV-QKD protocol comprises of a BB84 DV-QKD protocol, a coherent one way DV-QKD protocol, a differential phase shift DV-QKD protocol, a three-states DV-QKD protocol, a six-states DV-QKD protocol and a decoy-state DV-QKD protocol (note paragraph [0022]: The photon polarization provides the complementary property used for encoding purposes, such as in the QKD protocol, BB84, and may be applied to conjugate states such as phase encoding. . .)
Regarding claim 15, Bucklew meets the claimed limitations as follows:
An optical fiber network comprising one or more network nodes each according to any of claim 1 (note paragraphs [0025] and [0039]: the quantum communications system 20 may be incorporated within the physical and data link layers within a quantum-based mobile ad-hoc network (MANET) that includes FSO links and nodes on a range of platforms, such as unmanned aerial vehicles (UAV). It is also possible to maintain point-to-point communication links in a network that includes techniques for FSO Pointing, Acquisition and Tracking (PAT) and MANET linked protocols, including neighbor discovery and distribution of quantum resources, such as single-proton, and entangled states)
Regarding claim 16, Bucklew meets the claimed limitations as follows:
A QKD transmitter configured to transmit information in an optical fiber network, the QKD transmitter comprising:
a modulator unit configured to modulate amplitude and/or phase of light signal emitted by at least one light source (note paragraphs [0025] and [0031]: The transmitter node 26 may include other components not illustrated in detail, such as a spatial light modulator (SLM) that imposes a spatially varying modulation by modulating intensity and phase, a waveguide array that increases bit generation and phase bin states, and an attenuation filter. As noted above, the receiver node 28 may include the phase detector 75 and homodyne detection applicable for the CV-QKD protocol); and
an electronic circuit configured to drive the modulator unit according to a predetermined electric signal such that the QKD transmitter operates either in a CV-QKD mode or in a DV-QKD mode (note figure 1.50, and para. [0025] – [0026] and [0038]: switch 50 (communicative to controller 44) responsible for sending signal or selecting an operating mode that would switch/ reconfigure the transmitter to operate in a CV-QKD mode or a DV-QKD mode),
wherein the QKD communication unit comprises at least one QKD transmitter configured to operate in at least one of the CV-QKD mode and the DV-QKD mode (note paragraph [0025]: transmitter node 26),
wherein the control unit is configured to drive the QKD communication unit with a first predetermined electric signal such that the QKD transmitter operates either in the CV-QKD mode or in the DV-QKD mode (note figure 1.50, and para. [0025] – [0026] and [0038]: switch 50 (communicative to controller 44) responsible for sending signal or selecting an operating mode that would switch/ reconfigure the transmitter to operate in a CV-QKD mode or a DV-QKD mode.)
Regarding claim 20, Bucklew meets the claimed limitations as follows:
The QKD transmitter of claim 16, wherein the QKD transmitter of a network node is adapted to communicate with corresponding QKD receiver of at least one other network node of the optical fiber network according to the CV-QKD mode and/or the DV-QKD mode (note paragraphs [0004]: The optical path between the transmitter node, e.g., Alice, and the receiver node, e.g., Bob, are connected by a quantum communications channel, which may be free-space or an optical fiber, for example. The transmitter node and receiver node are also each connected to each other via a conventional communications channel . . .; and [0025])
Regarding claim 23, Bucklew meets the claimed limitations as follows:
A quantum key distribution (QKD) receiver configured to receive information in an optical fiber network, the QKD receiver comprising:
a processing/detection unit configured to perform reception and/or detection of continuous-variable (CV)-QKD and discrete-variable (DVS-QKD signals in a CV-QKD mode and a DV-QKD mode respectively (note paragraphs [0025] and [0028]: The receiver node 28 may include receiver opto-electronic (OE) circuitry 70 that receives via the input 29 the bit stream of optical pulses from the transmitter node 26 over the quantum communications channel 30. An optical detector circuit 72 receives the bit stream of optical pulses from the OE circuitry 70 and detects the optical pulses, such as via at least one single photon detector 74, and generates appropriate signals that may be processed via a controller 76 at the receiver node 28 demodulate depending on the type of CV-QKD or DV-QKD protocol); and
an electronic circuit configured to drive the processing/detection unit according to a predetermined electric signal such that the QKD receiver operates either in the CV- QKD mode or in the DV-QKD mode (note para. [0028]: receiver node 28 demodulates depending on the type of CV-QKD or DV-QKD protocol),
wherein the QKD communication unit comprises at least one QKD transmitter configured to operate in at least one of the CV-QKD mode and the DV-QKD mode (note paragraph [0025]: transmitter node 26),
wherein the control unit is configured to drive the QKD communication unit with a first predetermined electric signal such that the QKD transmitter operates either in the CV-QKD mode or in the DV-QKD mode (note figure 1.50, and para. [0025] – [0026] and [0038]: switch 50 responsible for sending signal or selecting an operating mode that would switch/ reconfigure the transmitter to operate in a CV-QKD mode or a DV-QKD mode.)
Regarding claim 26, Bucklew meets the claimed limitations as follows:
The QKD receiver of claim 23, wherein the QKD receiver of a network node is adapted to communicate with corresponding QKD transmitter of at least one other network node of the optical fiber network according to the CV-QKD mode and/or the DV-QKD mode (note paragraph [0028])
Regarding claim 29, Bucklew meets the claimed limitations as follows:
A method of operation of a network node in an optical fiber network, the network node comprising:
a quantum key distribution (QKD) communication unit configured to communicate with another QKD communication unit of at least one other network node of the optical fiber network according to a continuous-variable (CV)-QKD mode and/or a discrete-variable (DV)-QKD mode (note paragraph [0025]: The transmitter node 26 is configured to transmit to the receiver node 28 via its output 27, the bit stream of optical pulses and switch between first and second QKD protocols based upon at least one channel condition. . .); and
a control unit configured to control the QKD communication unit to operate in at least one of the CV-QKD mode and the DV-QKD mode, the method comprising; a step of, using the control unit, switching operation of the QKD communication unit between the CV-QKD mode and the DV-QKD mode (note paragraphs [0025] and [0038]: method of operating the quantum communications system is illustrated in FIG. 4 at 100. The process starts (Block 102) and the laser pulse source 40 generates a bit stream of optical pulses (Block 104). The channel monitoring device 60 monitors at least one channel condition (Block 106), and based on the measured channel condition, will select a specific CV-QKD protocol or DV-QKD protocol (Block 108) for transmission. The switch 50 is operated to select the CV-QKD protocol device 54 or DV-QKD protocol device 56 (Block 110) and the bit stream of optical pulses is modulated and transmitted to the receiver node (Block 112). The channel monitoring device 60 maintains its monitoring status, and when a channel condition changes, such as link conditions, the switch changes the protocol (Block 114)),
wherein the QKD communication unit comprises at least one QKD transmitter configured to operate in at least one of the CV-QKD mode and the DV-QKD mode (note paragraph [0025]: transmitter node 26),
wherein the control unit is configured to drive the QKD communication unit with a first predetermined electric signal such that the QKD transmitter operates either in the CV-QKD mode or in the DV-QKD mode (note figure 1.50, and para. [0025] – [0026] and [0038]: switch 50 (communicative to controller 44) responsible for sending signal or selecting an operating mode that would switch/ reconfigure the transmitter to operate in a CV-QKD mode or a DV-QKD mode.)
Conclusion
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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHANTO ABEDIN whose telephone number is 571-272-3551. The examiner can normally be reached on M-F from 10:00 AM to 6:30 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, Jung (Jay) Kim, can be reached on 571-272-3804. The fax phone number for the organization where this application or proceeding is assigned is 703-872-9306. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free).
/SHANTO ABEDIN/Primary Examiner, Art Unit 2494
Prosecution Insights