Prosecution Insights
Last updated: April 19, 2026
Application No. 18/289,916

COMMUNICATION METHOD AND COMMUNICATION SYSTEM

Non-Final OA §103
Filed
Nov 08, 2023
Examiner
SANDHU, AMRITBIR K
Art Unit
2634
Tech Center
2600 — Communications
Assignee
NTT, Inc.
OA Round
1 (Non-Final)
82%
Grant Probability
Favorable
1-2
OA Rounds
2y 4m
To Grant
92%
With Interview

Examiner Intelligence

Grants 82% — above average
82%
Career Allow Rate
567 granted / 688 resolved
+20.4% vs TC avg
Moderate +10% lift
Without
With
+9.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
21 currently pending
Career history
709
Total Applications
across all art units

Statute-Specific Performance

§101
1.8%
-38.2% vs TC avg
§103
68.8%
+28.8% vs TC avg
§102
2.1%
-37.9% vs TC avg
§112
15.0%
-25.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 688 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 . Information Disclosure Statement 2. The Information Disclosure Statements filed on 11/08/2023, 04/04/2025, 05/20/2025 and 02/05/2026 have been considered. Claim Interpretation The following is a quotation of 35 U.S.C. 112(f): (f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof. The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph: An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof. The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked. As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph: (A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function; (B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and (C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function. Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function. Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function. Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: For claim 3, a. control device for controlling the optical switches… on line 3; For claim 5, a. a branch device configured to branch an optical signal…on line 3; For claim 6, a. control device for controlling the optical switches… on line 3; For claim 8, a. control device for controlling the optical switches… on line 3; For claim 13, a. a multiplexing device configured to multiplex a signal… on line 3. For claim 15, a. control device for controlling the optical switches… on lines 2, 3; b. a multiplexing device for multiplexing a signal… on lines 3,4. For claim 17, a. a multiplexing device configured to multiplex a signal… on line 2. Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. a. The control device 20 includes an optical path management table storage 21, an optical SW manager 22, a wavelength management table storage 23, a wavelength manager 24, a control optical TRx 25 and a control TRx 26, see paragraph 41 and figure 1. b. The optical brancher 141 is one aspect of a branch device. The optical brancher 141 may be constituted by using, for example, a power splitter, see paragraph 49 and figure 3. c. Wavelength multiplexer/ demultiplexer 15 as multiplexing/demultiplexing device, see figure 3. If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. 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 1-15 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 attached). Regarding claim 1, Yoshino discloses a communication method performed by a communication system comprising a plurality of optical switches connecting an optical communication network ;(optical communications network 30 coupling the plurality of subscriber devices 40 through plurality of optical switches 10 through control unit 20, see figure 1) and information equipment and a control device for controlling the optical switches, (plurality of subscriber devices 40 through plurality of optical switches 10 through control unit 20, see figure 1) 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) switching, by an optical switch to which the first information equipment is connected, a connection destination of the first information equipment from an input/output port connected to the optical communication network to a control port to which the control device is connected;(the control unit 20 is connected to a port that is not connected to the subscriber device 40, (control port) another optical SW 10, a higher network, a transmission line to another ground, or the like among the ports of the optical SW 10, see paragraph 92 and the wavelength allocation process is performed via the monitoring unit at the preceding stage with respect to the optical SW 10, the optical SW 10 is controlled to transmit and receive an optical signal between the monitoring unit and the subscriber device 40, and output the optical signal to a port corresponding to a specified transfer destination after the allocation process, see paragraph 95 and figure 2), receiving, by the control device, information indicating third information equipment that is a communication connection destination different from the second information equipment via the control port of the optical switches from the first information equipment;(the control unit 20 sets the selected wavelength in the subscriber device 40 by using a control signal. Thereafter, the control unit 20 sets the optical SW 10 to perform outputting according to a destination or a transfer destination of the optical signal transmitted from the subscriber device 40, see paragraph 111 and figure 2) allocating, by the control device, a wavelength used for communication to the first information equipment and the third information equipment based on information indicating the communication connection destination;( for allocating a wavelength corresponding to a transfer destination on a path to a communication destination to the subscriber device 40, first, an optical transceiver of the subscriber device 40 or the like and the optical transceiver of the control unit 20 communicate with each other. The control unit 20 refers to the wavelength table and selects a wavelength to be allocated to the subscriber device 40 or the like according to a transfer destination on a path to a communication destination, see paragraph 104 ad figure 1) 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 wavelength controller manages and controls information regarding which user is connected to which port of the optical SW 10 and which wavelength is used by sharing each piece of connection information, see paragraph 105 and figure 2). However, Yoshino does not explicitly disclose in response to a predetermined operation of the first information equipment. In a related field of endeavor, Yoshida discloses in response to a predetermined operation of the first information equipment; (monitoring control specifies and controls which wavelength the transceiver of a user terminal uses and monitors the wavelength of the signal, see page 2 section 4(1) 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 monitoring 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. 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. 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. Regarding claim 3, Yoshida discloses a communication system comprising a plurality of optical switches for connecting an optical communication network;(optical communications network 30 coupling the plurality of subscriber devices 40 through plurality of optical switches 10 through control unit 20, see figure 1) and information equipment, and a control device for controlling the optical switches, (plurality of subscriber devices 40 through plurality of optical switches 10 through control unit 20, see figure 1) wherein the control device comprises: 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) an optical SW manager configured to manage, in an optical switch to which the first information equipment is connected, so as to switch a connection destination of the first information equipment from an input/output port connected to the optical communication network to a control port to which the control device is connected in response;(the control unit 20 is connected to a port that is not connected to the subscriber device 40, (control port) another optical SW 10, a higher network, a transmission line to another ground, or the like among the ports of the optical SW 10, see paragraph 92 and the wavelength allocation process is performed via the monitoring unit at the preceding stage with respect to the optical SW 10, the optical SW 10 is controlled to transmit and receive an optical signal between the monitoring unit and the subscriber device 40, and output the optical signal to a port corresponding to a specified transfer destination after the allocation process, see paragraph 95 and figure 2), an optical receiver configured to receive,(optical transceiver 41 with receiver 43, see figure 1) from the first information equipment, information indicating third information equipment that is a communication connection destination different from the second information equipment via the control port of the optical switches;(the control unit 20 sets the selected wavelength in the subscriber device 40 by using a control signal. Thereafter, the control unit 20 sets the optical SW 10 to perform outputting according to a destination or a transfer destination of the optical signal transmitted from the subscriber device 40, see paragraph 111 and figure 2) and a by the control device, a wavelength used for communication to the first information equipment and the third information equipment based on information indicating the communication connection destination and;( for allocating a wavelength corresponding to a transfer destination on a path to a communication destination to the subscriber device 40, first, an optical transceiver of the subscriber device 40 or the like and the optical transceiver of the control unit 20 communicate with each other. The control unit 20 refers to the wavelength table and selects a wavelength to be allocated to the subscriber device 40 or the like according to a transfer destination on a path to a communication destination, see paragraph 104 ad figure 1) the optical SW manager 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 wavelength controller manages and controls information regarding which user is connected to which port of the optical SW 10 and which wavelength is used by sharing each piece of connection information, see paragraph 105 and figure 2). However, Yoshino does not explicitly disclose to a predetermined operation of the first information equipment; wavelength manager configured to allocate. In a related field of endeavor, Yoshida discloses to a predetermined operation of the first information equipment; (monitoring control specifies and controls which wavelength the transceiver of a user terminal uses and monitors the wavelength of the signal, see page 2 section 4(1) and figure 2) wavelength 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 monitoring 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. Regarding claim 4, Yoshino discloses the communication system according to claim 3, wherein equipment stops light emission to a communication line and starts the light emission to the communication line after at least a predetermined time has elapsed ;( the optical access system 100 controls a timing such that path switching in the optical SW 210 is performed after the permission to start communication is transmitted from the control unit 230 to the subscriber device 40-1 and t is assumed that the time required for path switching of the optical SW 210 is known in advance. The control unit 230 waits for the time required for the optical SW 210 to actually switch paths after receiving the path switching instruction until the subscriber device 40-1 actually starts communication after receiving the permission to start communication, and then gives an instruction for starting communication, see paragraph 348). However, Yoshino does not explicitly disclose the predetermined operation is that the first information. In a related field of endeavor, Yoshida discloses to a predetermined operation is that the first information equipment; (monitoring control specifies and controls which wavelength the transceiver of a user terminal uses and monitors the wavelength of the signal, see page 2 section 4(1) and figure 2). Motivation same as claim 3. Regarding claim 5, Yoshino discloses the optical communication system according to claim 3, further comprising: a branch device configured to branch 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) wherein transmits information indicating that communication with the second information equipment is terminated to the control device via the branch device;(the control unit 230 waits for the time required for the optical SW 210 to actually switch paths after receiving the path switching instruction until the subscriber device 40-1 actually starts communication after receiving the permission to start communication, and then gives an instruction for starting communication, see paragraph 348). However, Yoshino does not explicitly disclose the predetermined operation is that the first information equipment. In a related field of endeavor, Yoshida discloses to a predetermined operation is that the first information equipment; (monitoring control specifies and controls which wavelength the transceiver of a user terminal uses and monitors the wavelength of the signal, see page 2 section 4(1) and figure 2). Motivation same as claim 3. 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. 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. Regarding claim 7, Yoshino discloses a communication method performed by a communication system comprising a plurality of optical switches connecting an optical communication network ;(optical communications network 30 coupling the plurality of subscriber devices 40 through plurality of optical switches 10 through control unit 20, see figure 1)and information equipment and a control device for controlling the optical switches, the communication method (plurality of subscriber devices 40 through plurality of optical switches 10 through control unit 20, see figure 1) comprising: in a state where first information equipment is communicatively connected to another information equipment 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) switching, by an optical switch to which the first information equipment is connected, a connection destination of the first information equipment from an input/output port connected to the optical communication network to a control port to which the control device is connected; ;(the control unit 20 is connected to a port that is not connected to the subscriber device 40, (control port) another optical SW 10, a higher network, a transmission line to another ground, or the like among the ports of the optical SW 10, see paragraph 92 and the wavelength allocation process is performed via the monitoring unit at the preceding stage with respect to the optical SW 10, the optical SW 10 is controlled to transmit and receive an optical signal between the monitoring unit and the subscriber device 40, and output the optical signal to a port corresponding to a specified transfer destination after the allocation process, see paragraph 95 and figure 2), by the control device, to the first information equipment via the control port; ;( for allocating a wavelength corresponding to a transfer destination on a path to a communication destination to the subscriber device 40, first, an optical transceiver of the subscriber device 40 or the like and the optical transceiver of the control unit 20 communicate with each other. The control unit 20 refers to the wavelength table and selects a wavelength to be allocated to the subscriber device 40 or the like according to a transfer destination on a path to a communication destination, see paragraph 104 ad figure 1) and connecting, by the control device, the first information equipment to another information equipment so as to be communicable via a new communication path by controlling connection of an input/output port of the optical switches (the wavelength controller manages and controls information regarding which user is connected to which port of the optical SW 10 and which wavelength is used by sharing each piece of connection information, see paragraph 105 and figure 2). However, Yoshino does not explicitly disclose allocating, a new wavelength to be used for communication. In a related field of endeavor, Yoshida discloses allocating, a new wavelength to be 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. Regarding claim 8, Yoshino discloses a communication system comprising a plurality of optical switches for connecting an optical communication network;(optical communications network 30 coupling the plurality of subscriber devices 40 through plurality of optical switches 10 through control unit 20, see figure 1) and information equipment, and a control device for controlling the optical switches, (plurality of subscriber devices 40 through plurality of optical switches 10 through control unit 20, see figure 1) wherein the control device comprises: in a state where first information equipment is communicatively connected to another information equipment 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 SW manager configured to manage, in an optical switch to which the first information equipment is connected, so as to switch a connection destination of the first information equipment from an input/output port connected to the optical communication network to a control port to which the control device is connected; ;(the control unit 20 is connected to a port that is not connected to the subscriber device 40, (control port) another optical SW 10, a higher network, a transmission line to another ground, or the like among the ports of the optical SW 10, see paragraph 92 and the wavelength allocation process is performed via the monitoring unit at the preceding stage with respect to the optical SW 10, the optical SW 10 is controlled to transmit and receive an optical signal between the monitoring unit and the subscriber device 40, and output the optical signal to a port corresponding to a specified transfer destination after the allocation process, see paragraph 95 and figure 2), and by the control device, a new wavelength used for communication to the first information equipment via the control port ;( for allocating a wavelength corresponding to a transfer destination on a path to a communication destination to the subscriber device 40, first, an optical transceiver of the subscriber device 40 or the like and the optical transceiver of the control unit 20 communicate with each other. The control unit 20 refers to the wavelength table and selects a wavelength to be allocated to the subscriber device 40 or the like according to a transfer destination on a path to a communication destination, see paragraph 104 ad figure 1) and the optical SW manager connects the first information equipment to another information equipment so as to be communicable via a new communication path by controlling connection of an input/output port of the optical switches; (the wavelength controller manages and controls information regarding which user is connected to which port of the optical SW 10 and which wavelength is used by sharing each piece of connection information, see paragraph 105 and figure 2). However, Yoshino does not explicitly disclose a wavelength manager configured to allocate. In a related field of endeavor, Yoshida discloses a wavelength 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. Regarding claim 9, Yoshino discloses the communication system according to claim 8, wherein the optical SW manager controls an optical switch to which the first information equipment is connected to switch a connection destination of the first information equipment from an input/output port connected to the optical communication network to a control port to which the control device is connected in response ;(the control unit 230 waits for the time required for the optical SW 210 to actually switch paths after receiving the path switching instruction until the subscriber device 40-1 actually starts communication after receiving the permission to start communication, and then gives an instruction for starting communication, see paragraph 348). However, Yoshino does not explicitly disclose to a predetermined operation of the first information equipment. In a related field of endeavor, Yoshida discloses in response to a predetermined operation of the first information equipment; (monitoring control specifies and controls which wavelength the transceiver of a user terminal uses and monitors the wavelength of the signal, see page 2 section 4(1) 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 monitoring 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. Regarding claim 10, Yoshino discloses the communication system according to claim 8, further comprising: an optical path switch determiner configured to determine switch of a communication path of the first information equipment in response to the fact that a predetermined condition is satisfied in the optical communication network, ;( ;( the optical access system 100 controls a timing such that path switching in the optical SW 210 is performed after the permission to start communication is transmitted from the control unit 230 to the subscriber device 40-1 and t is assumed that the time required for path switching of the optical SW 210 is known in advance, see paragraph 348) wherein the optical SW manager controls an optical switch to which the first information equipment is connected to switch a connection destination of the first information equipment from an input/output port connected to the optical communication network to a control port to which the control device is connected in response to an operation of the optical path switch determiner;(the control unit 230 waits for the time required for the optical SW 210 to actually switch paths after receiving the path switching instruction until the subscriber device 40-1 actually starts communication after receiving the permission to start communication, and then gives an instruction for starting communication, see paragraph 348). Regarding claim 11, Yoshino discloses the communication system according to claim 10, wherein the optical path switch determiner judges whether or not the condition is satisfied based on intensity of an optical signal passing through the optical communication network or the optical switches ;( an intensity or a wavelength of signal light and control light may be measured by different measurement means, or may be measured by the same measurement means such that the optical signal of the main signal and a part of an optical signal input from the transmitter of the monitoring unit to the power splitter can be received by the receiver of the monitoring unit, see paragraph 311). Regarding claim 12, Yoshino discloses the communication system according to claim 10, wherein the optical SW manager controls, in a state where the first information equipment is communicatively connected to second information equipment 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 switch to which the first information equipment is connected to switch a connection destination of the first information equipment from an input/output port connected to the optical communication network to a control port to which the control device is connected and controls an optical switch to which third information equipment to be a new communication destination of the first information equipment is connected to switch a connection destination of the third information equipment to a control port to which the control device is connected, ((the control unit 20 is connected to a port that is not connected to the subscriber device 40, (control port) another optical SW 10, a higher network, a transmission line to another ground, or the like among the ports of the optical SW 10, see paragraph 92 and the wavelength allocation process is performed via the monitoring unit at the preceding stage with respect to the optical SW 10, the optical SW 10 is controlled to transmit and receive an optical signal between the monitoring unit and the subscriber device 40, and output the optical signal to a port corresponding to a specified transfer destination after the allocation process, see paragraph 95 and figure 2), and the wavelength manager allocates a wavelength used for communication to the first information equipment and the third information equipment via the control port ;(for allocating a wavelength corresponding to a transfer destination on a path to a communication destination to the subscriber device 40, first, an optical transceiver of the subscriber device 40 or the like and the optical transceiver of the control unit 20 communicate with each other. The control unit 20 refers to the wavelength table and selects a wavelength to be allocated to the subscriber device 40 or the like according to a transfer destination on a path to a communication destination, see paragraph 104 ad figure 1). Regarding claim 13, Yoshino discloses the optical communication system according to claim 10, further comprising: a multiplexing device configured to multiplex 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) wherein the optical SW manager controls ;(optical switch controller 26, see figure 6) in a state where the first information equipment is communicatively connected to second information equipment via the optical switches and the optical communication network, an optical switch to which third information equipment to be a new communication destination of the first information equipment is connected, to switch a connection destination of the third information equipment to a control port to which the control device is connected,(the control unit 20 is connected to a port that is not connected to the subscriber device 40, (control port) another optical SW 10, a higher network, a transmission line to another ground, or the like among the ports of the optical SW 10, see paragraph 92 and the wavelength allocation process is performed via the monitoring unit at the preceding stage with respect to the optical SW 10, the optical SW 10 is controlled to transmit and receive an optical signal between the monitoring unit and the subscriber device 40, and output the optical signal to a port corresponding to a specified transfer destination after the allocation process, see paragraph 95 and figure 2), and the wavelength manager allocates a wavelength used for communication to the first information equipment via the multiplexing device, and allocates the wavelength used for communication to the third information equipment via the control port ;(for allocating a wavelength corresponding to a transfer destination on a path to a communication destination to the subscriber device 40, first, an optical transceiver of the subscriber device 40 or the like and the optical transceiver of the control unit 20 communicate with each other. The control unit 20 refers to the wavelength table and selects a wavelength to be allocated to the subscriber device 40 or the like according to a transfer destination on a path to a communication destination, see paragraph 104 ad figure 1). Regarding claim 14, Yoshino discloses the communication system according to claim 10, wherein the optical SW manager controls,(optical switch controller 26, see figures 6,7) in a state where the first information equipment is communicatively connected to second information equipment via the optical switches and 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) an optical switch to which the first information equipment is connected to switch a connection destination of the first information equipment from an input/output port connected to the optical communication network to a control port to which the control device is connected;(the control unit 20 is connected to a port that is not connected to the subscriber device 40, (control port) another optical SW 10, a higher network, a transmission line to another ground, or the like among the ports of the optical SW 10, see paragraph 92 and the wavelength allocation process is performed via the monitoring unit at the preceding stage with respect to the optical SW 10, the optical SW 10 is controlled to transmit and receive an optical signal between the monitoring unit and the subscriber device 40, and output the optical signal to a port corresponding to a specified transfer destination after the allocation process, see paragraph 95 and figure 2), and controls an optical switch to which the second information equipment is connected to switch a connection destination of the second information equipment to a control port to which the control device is connected,( the optical SW controller 26 may control the optical SW 10e to output the optical signal having the changed wavelength transmitted from the subscriber device 40 that is a transmission source to the WDM device 80 different from that before the wavelength change, see paragraph 165 and figures 7,8) and the wavelength manager allocates a wavelength used for communication to the first information equipment and the second information equipment via the control port ;(for allocating a wavelength corresponding to a transfer destination on a path to a communication destination to the subscriber device 40, first, an optical transceiver of the subscriber device 40 or the like and the optical transceiver of the control unit 20 communicate with each other. The control unit 20 refers to the wavelength table and selects a wavelength to be allocated to the subscriber device 40 or the like according to a transfer destination on a path to a communication destination, see paragraph 104 ad figure 1). 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. 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. Allowable Subject Matter 3. Claims 16,17 and 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 4. 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. 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 05, 2026
Non-Final Rejection — §103 (current)

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