Prosecution Insights
Last updated: August 16, 2026
Application No. 18/289,916

COMMUNICATION METHOD AND COMMUNICATION SYSTEM

Final Rejection §103
Filed
Nov 08, 2023
Priority
May 10, 2021 — JP PCT/JP2021/017700 +1 more
Examiner
SANDHU, AMRITBIR K
Art Unit
2634
Tech Center
2600 — Communications
Assignee
Nippon Telegraph and Telephone Corporation
OA Round
2 (Final)
83%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
94%
With Interview

Examiner Intelligence

Grants 83% — above average
83%
Career Allowance Rate
590 granted / 712 resolved
+20.9% vs TC avg
Moderate +11% lift
Without
With
+10.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 3m
Avg Prosecution
18 currently pending
Career history
722
Total Applications
across all art units

Statute-Specific Performance

§101
1.9%
-38.1% vs TC avg
§103
62.8%
+22.8% vs TC avg
§102
2.1%
-37.9% vs TC avg
§112
11.2%
-28.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 712 resolved cases

Office Action

§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 . Status of Claims 2. Claims 1,3,5, 7,8,10-14 are allowed. 3. Claims 2,6 and 15 are rejected 4. Claims 16-18 are objected. 5.Claims 4,9 are cancelled. Response to Arguments 6. Applicant’s arguments filed on 06/01/2026 regarding claims 2,6 and 15 have been considered but are moot in view of new grounds of rejection. 7. Applicant’s arguments filed on 06/01/2026 regarding claims 1,3,5, 7,8,10-14 have been considered but are moot because claims 1,3,5, 7,8,10-14 are allowed based on current amendments. 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. 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. Claims 2,6 and 15 are rejected under 35 USC 103 as being unpatentable over Yoshino (US 2023/0396902) in view of Yoshida (Photonic Gateway and Related Optical Access Technologies to Achieve the All-Photonics Network -2020 previously attached) and further in view of JP (JP 6725111B2). Regarding claim 2, Yoshino discloses a communication method performed by a communication system comprising a plurality of optical switches connecting an optical communication network and information equipment, a control device for controlling the optical switches,(optical communications network 30 coupling the plurality of subscriber devices 40 through plurality of optical switches 10 through control unit 20, see figures 1 and 8) and a branch device for branching an optical signal outputted from the optical switches to the optical communication network toward the control device,(the monitoring unit 65 may include a power splitter 69 in each of the transmission lines between the ports 11-2 and the WDM device 80. The power splitter 69 branches an optical signal transmitted through the transmission line between the port 11-2 and the WDM device 80, and outputs the branched optical signal to the control unit 20, see paragrah161 and figure 8) the communication method comprising: in a state where first information equipment and second information equipment are communicatively connected via the optical switches and the optical communication network, ,(optical communications network 30 coupling the plurality of subscriber devices (first and second information equipment) 40 through plurality of optical switches 10 through control unit 20, see figure 1) receiving, by the control device, information indicating third information equipment that is a communication connection destination different from the second information equipment via the branch device from the first information equipment;( The wavelength controller 25 may perform a wavelength change process of instructing the subscriber device 40 subjected to the wavelength allocation process to change a wavelength. For example, the wavelength controller 25 specifies the subscriber device 40 that is a wavelength change target on the basis of the monitoring information output from the monitoring unit 65, and performs a wavelength change process on the specified subscriber device 40, see paragraph 162 and figure 8), by the control device, a wavelength used for communication to the first information equipment and the third information equipment;( the wavelength allocation process, the wavelength controller executes the wavelength allocation process on the subscriber device 40 that is a wavelength allocation target via the monitoring unit, see paragraph 141) and connecting, by the control device, the first information equipment to the third information equipment so as to be communicable by controlling connection of an input/output port of the optical switches; (The optical SW controller 26 controls, for example, reconnects the optical SW 10e via the monitoring unit such that optical signals are transmitted and received between the subscriber device 40 and the wavelength controller 25 during the wavelength change process, see paragraph 162 and figure 8) However, Yoshino does not explicitly disclose allocating based on the information, the control device allocating, to each information equipment, a wavelength used for communication in response to a destination, instructing, by the control device, via a control port, another information equipment different from the first information equipment to stop light emission. In a related field of endeavor, Yoshida discloses allocating based on the information; (the Photonic gateway (GW) offers the functions of controlling wavelength allocation to terminals and path aggregation on the local full mesh, see page 2, section 3 and figure 2). Thus, it would be obvious for one of the ordinary skilled in the art before the effective filling date of the invention to combine the wavelength allocation control of Yoshida with Yoshino to monitor the wavelength of the plurality of user terminals and the motivation is to enable low latency path aggregation. However, the combination of Yoshino and Yoshida does not explicitly disclose the control device allocating, to each information equipment, a wavelength used for communication in response to a destination, instructing, by the control device, via a control port, another information equipment different from the first information equipment to stop light emission. In a related field of endeavor, JP discloses the control device allocating, to each information equipment, a wavelength used for communication in response to a destination,(the beacon controller 7 constantly causes the incident light IO having a predetermined wavelength to be sent to the sensing light emitting unit 15 and the beacon controller 7 generates a sensing signal of the vehicle 20 and transmits the sensing signal to the central unit 3 when the received light intensity of the reflected light RO that is equal to or more than the threshold is detected by the sensing light receiving unit 16, see page 5, paragraphs 4 and 5 and figure 1) instructing, by the control device, via a control port, another information equipment different from the first information equipment to stop light emission;(the control board has a plurality of first output ports and a second output port and the plurality of first output ports stops the light emission of the communication light emitting unit corresponding to one or a plurality of lanes including at least the lane when a predetermined stop condition or a restart condition is satisfied in one lane, see page 24 and claims). Thus, it would be obvious for one of the ordinary skilled in the art before the effective filling date of the invention to combine the controller of JP with Yoshino and Yoshida to start and/or strop light transmission to the plurality of users based on predertmiend conditions and the motivation is increased efficiency in data transmission and/or reception. Regarding claim 6, Yoshino discloses a communication system comprising a plurality of optical switches connecting an optical communication network and information equipment, a control device for controlling the optical switches,(optical communications network 30 coupling the plurality of subscriber devices 40 through plurality of optical switches 10 through control unit 20, see figures 1 and 8) and a branch device for branching an optical signal outputted from the optical switch to the optical communication network toward the control device, (the monitoring unit 65 may include a power splitter 69 in each of the transmission lines between the ports 11-2 and the WDM device 80. The power splitter 69 branches an optical signal transmitted through the transmission line between the port 11-2 and the WDM device 80, and outputs the branched optical signal to the control unit 20, see paragrah161 and figure 8) wherein the control device comprises: in a state in which first information equipment and second information equipment are communicatively connected via the optical switches and the optical communication network,(optical communications network 30 coupling the plurality of subscriber devices (first and second information equipment) 40 through plurality of optical switches 10 through control unit 20, see figure 1) an optical receiver configured to receive, by the control device, information indicating third information equipment that is a communication connection destination different from the second information equipment via the branch device from the first information equipment;( the wavelength controller 25 may perform a wavelength change process of instructing the subscriber device 40 subjected to the wavelength allocation process to change a wavelength. For example, the wavelength controller 25 specifies the subscriber device 40 that is a wavelength change target on the basis of the monitoring information output from the monitoring unit 65, and performs a wavelength change process on the specified subscriber device 40, see paragraph 162 and figure 8) a wavelength used for communication to the first information equipment and the third information equipment based on the information;(the wavelength allocation process, the wavelength controller executes the wavelength allocation process on the subscriber device 40 that is a wavelength allocation target via the monitoring unit, see paragraph 141) and an optical SW manager configured to connects the first information equipment to the third information equipment so as to be communicable by controlling connection of an input/output port of the optical switches (the optical SW controller 26 controls, for example, reconnects the optical SW 10e via the monitoring unit such that optical signals are transmitted and received between the subscriber device 40 and the wavelength controller 25 during the wavelength change process, see paragraph 162 and figure 8). However, Yoshino does not explicitly disclose an allocation manager configured to allocate, the control device allocating, to each information equipment, a wavelength used for communication in response to a destination, wherein the control device is configured to instruct, via a control port, another information equipment different from the first information equipment to stop light emission. In a related field of endeavor, Yoshida discloses an allocation manager configured to allocate; (the Photonic gateway (GW) offers the functions of controlling wavelength allocation to terminals and path aggregation on the local full mesh, see page 2, section 3 and figure 2). Thus, it would be obvious for one of the ordinary skilled in the art before the effective filling date of the invention to combine the wavelength allocation control of Yoshida with Yoshino to monitor the wavelength of the plurality of user terminals and the motivation is to enable low latency path aggregation. However, the combination of Yoshino and Yoshida does not explicitly disclose the control device allocating, to each information equipment, a wavelength used for communication in response to a destination, wherein the control device is configured to instruct, via a control port, another information equipment different from the first information equipment to stop light emission. In a related field of endeavor, JP discloses the control device allocating, to each information equipment, a wavelength used for communication in response to a destination,(the beacon controller 7 constantly causes the incident light IO having a predetermined wavelength to be sent to the sensing light emitting unit 15 and the beacon controller 7 generates a sensing signal of the vehicle 20 and transmits the sensing signal to the central unit 3 when the received light intensity of the reflected light RO that is equal to or more than the threshold is detected by the sensing light receiving unit 16, see page 5, paragraphs 4 and 5 and figure 1) wherein the control device is configured to instruct, via a control port, another information equipment different from the first information equipment to stop light emission;(the control board has a plurality of first output ports and a second output port and the plurality of first output ports stops the light emission of the communication light emitting unit corresponding to one or a plurality of lanes including at least the lane when a predetermined stop condition or a restart condition is satisfied in one lane, see page 24 and claims). Thus, it would be obvious for one of the ordinary skilled in the art before the effective filling date of the invention to combine the controller of JP with Yoshino and Yoshida to start and/or strop light transmission to the plurality of users based on predertmiend conditions and the motivation is increased efficiency in data transmission and/or reception. Regarding claim 15, Yoshino discloses a communication system comprising a plurality of optical switches for connecting an optical communication network and information equipment, a control device for controlling the optical switches ;(optical communications network 30 coupling the plurality of subscriber devices 40 through plurality of optical switches 10 through control unit 20, see figure 1) a multiplexing device for multiplexing a signal outputted from the control device with an optical signal inputted from the optical communication network to the optical switches, ;(the WDM device 80 multiplexes optical signals having different wavelengths output from the plurality of ports 11-2 and outputs a multiplexed optical signal to a multiplex communication transmission line 90, see paragraph 159 and figure 6) and an optical path switch determiner;(optical switch controller 26, see figure 6) that determine switch of a communication path between information equipment in response to the fact that a predetermined condition is satisfied in the optical communication network ,( the optical SW controller 26 controls the optical SW 10e to output the optical signal from the port 11-2 corresponding to the wavelength λ10 to the WDM device 80b after the switching is completed. The wavelength controller 25 may further change the wavelength used for reception by the subscriber device 40a-2, see paragraph 164 and figure 7) wherein the control device comprises: an optical SW manager configured to control the optical switches; (t(he optical SW controller 26 controls the optical SW 10e to output the optical signal from the port 11-2 corresponding to the wavelength λ10 to the WDM device 80b after the switching is completed, the optical SW controller 26 controls the optical SW 10e to output the optical signal from the port 11-2 corresponding to the wavelength λ10 to the WDM device 80b after the switching is completed, see paragraph 164 and figure 7) and a wavelength manager configured to first information equipment and second information equipment that communicate via the optical switches and the optical communication network in response to an operation of the optical path switch determiner,(The subscriber device 40a-2 transmits a wavelength change request to the wavelength controller 25 by using a control signal during communication or after the end of communication and upon receiving a wavelength change request from the subscriber device 40a-2, the wavelength controller 25 performs a wavelength change process of instructing the subscriber device 40a-2 to change a wavelength to the wavelength λ11 in order to communicate with the subscriber device 40 at the ground C, see paragraph 165 and figure 7) and the optical SW manager connects the first information equipment to the second information equipment so as to be communicable via a new communication path by controlling connection of an input/output port of the optical switches; (upon receiving a wavelength change request from the subscriber device 40a-2, the wavelength controller 25 performs a wavelength change process of instructing the subscriber device 40a-2 to change a wavelength to the wavelength λ11 in order to communicate with the subscriber device 40 at the ground C, see paragraph 165 and figure 7). However, Yoshino does not explicitly disclose to allocate a new wavelength used for communication, the control device allocating, to each information equipment, a wavelength used for communication in response to a destination, In a related field of endeavor, Yoshida to allocates a new wavelength used for communication; (the Photonic gateway (GW) offers the functions of controlling wavelength allocation to terminals and path aggregation on the local full mesh, see page 2, section 3 and figure 2). Thus, it would be obvious for one of the ordinary skilled in the art before the effective filling date of the invention to combine the wavelength allocation control of Yoshida with Yoshino to monitor the wavelength of the plurality of user terminals and the motivation is to enable low latency path aggregation. However, the combination of Yoshino and Yoshida does not explicitly disclose the control device allocating, to each information equipment, a wavelength used for communication in response to a destination, and wherein the control device is configured to instruct, via a control port, another information equipment different from the first information equipment to stop light emission. In a related field of endeavor, JP discloses the control device allocating, to each information equipment, a wavelength used for communication in response to a destination, and (the beacon controller 7 constantly causes the incident light IO having a predetermined wavelength to be sent to the sensing light emitting unit 15 and the beacon controller 7 generates a sensing signal of the vehicle 20 and transmits the sensing signal to the central unit 3 when the received light intensity of the reflected light RO that is equal to or more than the threshold is detected by the sensing light receiving unit 16, see page 5, paragraphs 4 and 5 and figure 1) wherein the control device is configured to instruct, via a control port, another information equipment different from the first information equipment to stop light emission;(the control board has a plurality of first output ports and a second output port and the plurality of first output ports stops the light emission of the communication light emitting unit corresponding to one or a plurality of lanes including at least the lane when a predetermined stop condition or a restart condition is satisfied in one lane, see page 24 and claims). Thus, it would be obvious for one of the ordinary skilled in the art before the effective filling date of the invention to combine the controller of JP with Yoshino and Yoshida to start and/or strop light transmission to the plurality of users based on predertmiend conditions and the motivation is increased efficiency in data transmission and/or reception. Allowable Subject Matter 8. Claims 1,3,5, 7,8,10-14 are allowed, based on current amendments. 9. Claims 16-18 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. Conclusion 10. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure as reproduced below. a. Lee et al; (US 7310479) discloses a multi-wavelength optical packet switch system with shared output buffer, which includes N input fibers, N output fibers, an input device, a wavelength converter, a wavelength router, an output buffer, a wavelength classifier and a control device, see figure 2. b. Nakajima et al; (US 2002/0122617) discloses optical switch comprising a plurality of input ports and output ports and performing a path establishment between the input ports and output ports, interception means intercept an optical signal inputted to the optical switch during a path switchover, see figure 1a. c. Nishi et al; (US 2002/0063926) discloses a wavelength group generating sections group demultiplexed optical signals, and the wavelength multiplexing sections multiplex signals in each group, so as to output wavelength multiplexed wavelength group to a routing section at the transmission side, see figure 5. d. Wang et al; (EP 1073308A2) discloses an optical switch fabric for switching optical signals in accordance with mapping instructions and a wavelength converter modifies the wavelengths occupied by incoming or switched optical signals in accordance with conversion commands, see figure 1. 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 AMRITBIR K SANDHU whose telephone number is (571)270-1894. The examiner can normally be reached M-F 9am to 5pm. 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, Kenneth Vanderpuye can be reached at 571-272-3078. 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. /AMRITBIR K SANDHU/ Primary Examiner, Art Unit 2634
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Prosecution Timeline

Nov 08, 2023
Application Filed
Mar 09, 2026
Non-Final Rejection mailed — §103
Jun 01, 2026
Response Filed
Jun 15, 2026
Final Rejection mailed — §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
83%
Grant Probability
94%
With Interview (+10.8%)
2y 3m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 712 resolved cases by this examiner. Grant probability derived from career allowance rate.

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