Prosecution Insights
Last updated: April 19, 2026
Application No. 18/316,926

Hybrid Point-to-point And Point-to-multipoint Network

Non-Final OA §103§112
Filed
May 12, 2023
Examiner
LAMBERT, DAVID W
Art Unit
2634
Tech Center
2600 — Communications
Assignee
Dzs Inc.
OA Round
1 (Non-Final)
76%
Grant Probability
Favorable
1-2
OA Rounds
2y 0m
To Grant
89%
With Interview

Examiner Intelligence

Grants 76% — above average
76%
Career Allow Rate
382 granted / 500 resolved
+14.4% vs TC avg
Moderate +12% lift
Without
With
+12.5%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 0m
Avg Prosecution
8 currently pending
Career history
508
Total Applications
across all art units

Statute-Specific Performance

§101
1.5%
-38.5% vs TC avg
§103
46.3%
+6.3% vs TC avg
§102
15.9%
-24.1% vs TC avg
§112
30.6%
-9.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 500 resolved cases

Office Action

§103 §112
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 . Claim Objections Claims 18-20 objected to because of the following informalities: Regarding Claim 18, line 6 of the claim ends with a period instead of a semicolon. Claims 19-20 depend from claim 18 and are therefore objected to for the same reason(s) as stated above. Appropriate correction is required. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claims 4-5 and 12-17 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claim 4 recites the limitation "the upstream direction". There is insufficient antecedent basis for this limitation in the claim. Claim 5 recites the limitation "the upstream direction". There is insufficient antecedent basis for this limitation in the claim. Claim 12 recites the limitation "the P2P connection" in line 5. There is insufficient antecedent basis for this limitation in the claim. Claim 12 recites the limitation "the P2MP connection" in line 6. There is insufficient antecedent basis for this limitation in the claim. Claims 13-17 depend from “The OLT of claim 10”. However, claim 10 is not drawn to an OLT, nor does claim 10 recite an OLT. For the purpose of examination, claims 13-17 have been interpreted as depending from claim 12. As claims 13-17 have been interpreted as depending from claim 12, claims 13-17 are rejected for the same reason(s) of indefiniteness as stated above, with reference to claim 12. Claim 14 recites the limitation "the P2P network". There is insufficient antecedent basis for this limitation in the claim. Claim 16 recites the limitation "the network". There is insufficient antecedent basis for this limitation in the claim. 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. Claim(s) 1-8, 10-13, 15, and 17-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhou et al. US 2019/0326995 A1 (hereinafter Zhou) in view of SARASHINA US 2015/0280851 A1 (hereinafter SARASHINA). Regarding Claim 1, Zhou teaches a system for communication over optical fiber (Fig. 13) comprising: a point-to-multipoint (P2MP) module configured to provide a P2MP connection (P2MP CPON 1300, Fig. 13; Par. 130-133) to at least one coexistence element of a network (headend/hub 1302 provides both P2MP and P2P services, thus functions as a “coexistence element”, Fig. 13; Par. 130-133); and a point-to-point (P2P) module configured to provide a P2P connection to a coexistence element (a plurality of P2P fibers 1312 are communicatively coupled with headend/hub 1302, Fig. 13; Par. 130-133); wherein the system is configured to receive data over the P2MP connection and transmit data over the P2P connection (Fig. 13; Par. 130-133). Zhou does not teach a coordination module to direct data traffic to traverse either the P2P connection or the P2MP connection. However, Zhou does teach the use of an OLT at the headend/hub (Fig. 13; Par. 130-133). Additionally, SARASHINA teaches an OLT (100, Fig. 3) comprising a coordination module (OLT controller 110, Fig. 3) to direct data traffic to traverse network connections (The OLT controller 110 of the OLT 100 serves to manage information about the ONUs 400 registered in the OSUs 200, i.e. PON link information. The OLT controller 110 stores the PON link information readably and rewritably in a memory, not depicted, such as a random access memory (RAM). The OLT controller 110 uses information such as the destination of downstream data and traffic data received from the switching array 120 as well as the PON link information to arrange a transmission plan, Par. 53), because this allows the OLT to arrange a transmission plan for the PON (Par. 53). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Zhou to include a coordination module to direct data traffic to traverse either the P2P connection or the P2MP connection, because Zhou teaches the use of an OLT at the headend/hub, and the inclusion of such a module allows the OLT to arrange a transmission plan for the PON. Regarding Claim 2, Zhou as modified by SARASHINA teaches system of claim 1, wherein the P2MP module uses a standardized Passive Optical Network (PON) technology (Zhou, P2MP CPON 1300, Fig. 13; Par. 130-133). Regarding Claim 3, Zhou as modified by SARASHINA teaches the system of claim 1. Additionally, Zhou teaches that Ethernet PON architectures are conventionally known (Par. 4). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Zhou wherein the P2P connection uses a standardized optical Ethernet technology, because Ethernet PON architectures are conventionally known. Regarding Claim 4, Zhou as modified by SARASHINA teaches the system of claim 1. Zhou does not explicitly teach wherein only one ONT transmits in the upstream direction across the P2P connection. However, Zhou teaches that the p2p connection 1312 is used to provide service to individual P2P business subscribers (Par. 132). Additionally, it is held that where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges, amounts, or proportions by routine experimentation. (In reAller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955)) (MPEP 2144.05). In the present case, that the p2p connection 1312 is used to provide service to individual P2P business subscribers. One of ordinary skill in the art could arrive at the workable amount of only a single P2P business subscriber through routine experimentation, if it were desired to provide such a p2p connection to only a single business subscriber. Thus, it is not inventive to modify Zhou such that only one ONT transmits in the upstream direction across the P2P connection. Regarding Claim 5, Zhou as modified by SARASHINA teaches the system of claim 1, wherein multiple ONTs transmit in the upstream direction across the P2P connection (Zhou, a plurality of P2P fibers 1312 connected to individual P2P business subscribers; “multiple sources (e.g., P2P fibers 1312) to a single destination (e.g., headend/hub 1302)”, Par. 130-133). Additionally, Zhou teaches that time division multiplexing schemes are conventionally known in such PON architectures (Par. 4). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Zhou wherein each ONT is assigned to transmit in a periodic time slot, because time division multiplexing schemes are conventionally known in such PON architectures. Regarding Claim 6, Zhou as modified by SARASHINA teaches the system of claim 1, wherein the coordination module directs data traffic by performing one or more of: load balancing, packet splitting, bonding, and fail-over (“the amount of traffic is substantially flattened, or load-balances, among the OSUs, resulting in increasing the service bandwidth provided to subscriber units. By the load-balancing, the TDM/WDM-PON system can as a whole maintain its quality of communication”, Par. 19; “so as to substantially flatten the amount of traffic”, Par. 54). Regarding Claim 7, Zhou as modified by SARASHINA teaches the system of claim 1, wherein the coordination module provides traffic scheduling data to the P2MP module and the P2P module (Zhou, headend/hub 1302 provides both P2MP and P2P services, Fig. 13; Par. 130-133; SARASHINA, The OLT controller 110 of the OLT 100 serves to manage information about the ONUs 400 registered in the OSUs 200, i.e. PON link information. The OLT controller 110 stores the PON link information readably and rewritably in a memory, not depicted, such as a random access memory (RAM). The OLT controller 110 uses information such as the destination of downstream data and traffic data received from the switching array 120 as well as the PON link information to arrange a transmission plan, Par. 53). Regarding Claim 8, Zhou as modified by SARASHINA teaches the system of claim 1, wherein the coordination module directing data traffic provides instructions to apportion data traffic across one or more of: per P2P or P2MP connection, per port, per user, per time slot, per packet, per flow, per sub-flow, per service, and per user (SARASHINA, While the OLT controller 110 allocates the ONUs 400 to such appropriate ones of the OSUs 200 that are to manage the ONUs 400, the controller 110 adjusts, under the DWA control for each OSU 200, the number of ONUs 400 to be managed by that OSU 200 so as to substantially flatten the amount of traffic between the OSUs 200. Before performing DWA, the OLT controller 110 presets for each OSU 200 a threshold for bandwidth that can be allocated to the ONUs 400 to be managed. The threshold may be set smaller than the maximum bandwidth available to each OSU 200, for example, 80% of the maximum bandwidth. The threshold may be set for either the bandwidth on which downstream signals are transmitted to the ONUs 400 or the bandwidth on which upstream signals are received from the ONUs 400, Par. 54). Regarding Claim 10, Zhou as modified by SARASHINA teaches the system of claim 1, wherein the coexistence element (Zhou, headend/hub 1302, Fig. 13) is configured to be in communication through a splitter (Zhou, splitter 1308, Fig. 13) to a plurality of optical network terminals (ONTs) (Zhou, ONUs 1304, Fig. 13). Regarding Claim 11, Zhou as modified by SARASHINA teaches the system of claim 1, wherein upstream demand is determined using data on one or more of traffic load, data from a network resource control function, data from a subscriber provisioning system, data on downstream and upstream traffic levels and queue occupancy, data measured from the traffic levels across the data path, data on service or application usage, and data on needed capacity (SARASHINA, Par. 53-59). Regarding Claim 12, Zhou teaches an optical line terminal (OLT) (OLT at the headend/hub, Fig. 13; Par. 130-133) comprising: a point-to-multipoint (P2MP) module (P2MP CPON 1300, Fig. 13; Par. 130-133); a point-to-point (P2P) module (a plurality of P2P fibers 1312 are communicatively coupled with headend/hub 1302, Fig. 13; Par. 130-133); a plurality of connections to ONTs (1312 and 1310, Fig. 13); wherein the OLT is configured to transmit data to one or more ONTs using through the P2P module using a P2P protocol (Fig. 13; Par. 130-133); and wherein the OLT is configured to receive data from a plurality of ONTs through the P2MP module using a P2MP protocol (Fig. 13; Par. 130-133). Zhou does not teach a coordination module that directs data traffic to traverse either the P2P connection or the P2MP connection. However, SARASHINA teaches an OLT (100, Fig. 3) comprising a coordination module (OLT controller 110, Fig. 3) to direct data traffic to traverse network connections (The OLT controller 110 of the OLT 100 serves to manage information about the ONUs 400 registered in the OSUs 200, i.e. PON link information. The OLT controller 110 stores the PON link information readably and rewritably in a memory, not depicted, such as a random access memory (RAM). The OLT controller 110 uses information such as the destination of downstream data and traffic data received from the switching array 120 as well as the PON link information to arrange a transmission plan, Par. 53), because this allows the OLT to arrange a transmission plan for the PON. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Zhou to include a coordination module that directs data traffic to traverse either the P2P connection or the P2MP connection, because the inclusion of such a module allows the OLT to arrange a transmission plan for the PON. Regarding Claim 13, Zhou as modified by SARASHINA teaches the OLT of claim 10, wherein the P2MP protocol comprises a Passive Optical Network (PON) protocol (Zhou, P2MP CPON 1300, Fig. 13; Par. 130-133). Regarding Claim 15, Zhou as modified by SARASHINA teaches the OLT of claim 10. Additionally, Zhou teaches that Ethernet PON architectures are conventionally known (Par. 4). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Zhou wherein the P2P protocol comprises an Ethernet protocol, because Ethernet PON architectures are conventionally known. Regarding Claim 17, Zhou as modified by SARASHINA teaches the OLT of claim 10. Additionally, Zhou teaches that time division multiplexing schemes are conventionally known in such PON architectures (Par. 4). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Zhou wherein the P2MP module is configured to allot different time windows to the ONTs for transmission of data from the ONTs to the P2MP module, because time division multiplexing schemes are conventionally known in such PON architectures. Regarding Claim 18, Zhou teaches a method comprising: with a point-to-multipoint (P2MP) module, receiving data from one of a plurality of optical network terminals (ONTs) using a P2MP protocol (P2MP CPON 1300, Fig. 13; Par. 130-133), the data being received through a coexistence element of a passive optical network (headend/hub 1302 provides both P2MP and P2P services, thus functions as a “coexistence element”, Fig. 13; Par. 130-133); and with a point-to-point (P2P) module, transmitting data to the one of the plurality of ONTs through the coexistence element using a P2P protocol (a plurality of P2P fibers 1312 are communicatively coupled with headend/hub 1302, Fig. 13; Par. 130-133). Zhou does not teach a coordination module, directing data traffic to traverse either the P2P module or the P2MP module. However, Zhou does teach the use of an OLT at the headend/hub (Fig. 13; Par. 130-133). Additionally, SARASHINA teaches an OLT (100, Fig. 3) comprising a coordination module (OLT controller 110, Fig. 3) to direct data traffic to traverse network connections (The OLT controller 110 of the OLT 100 serves to manage information about the ONUs 400 registered in the OSUs 200, i.e. PON link information. The OLT controller 110 stores the PON link information readably and rewritably in a memory, not depicted, such as a random access memory (RAM). The OLT controller 110 uses information such as the destination of downstream data and traffic data received from the switching array 120 as well as the PON link information to arrange a transmission plan, Par. 53), because this allows the OLT to arrange a transmission plan for the PON. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Zhou to include a coordination module, directing data traffic to traverse either the P2P module or the P2MP module, because Zhou teaches the use of an OLT at the headend/hub, and the inclusion of such a module allows the OLT to arrange a transmission plan for the PON. Regarding Claim 19, Zhou as modified by SARASHINA teaches the method of claim 18, wherein the P2MP protocol comprises a Passive Optical Network (PON) protocol (Zhou, P2MP CPON 1300, Fig. 13; Par. 130-133). Additionally, Zhou teaches that Ethernet PON architectures are conventionally known (Par. 4). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Zhou wherein the P2P protocol comprises an Ethernet protocol, because Ethernet PON architectures are conventionally known. Regarding Claim 20, Zhou as modified by SARASHINA teaches the method of claim 18. Additionally, Zhou teaches that time division multiplexing schemes are conventionally known in such PON architectures (Par. 4). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Zhou wherein the P2MP module is configured to allot different time windows to the ONTs for transmission of data from the ONTs to the P2MP module, because time division multiplexing schemes are conventionally known in such PON architectures. Claim(s) 9, 14, and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhou as modified by SARASHINA, and further in view of Bannai et al. US 8701161 B1 (hereinafter Bannai). Regarding Claim 9, Zhou as modified by SARASHINA teaches the system of claim 1. Zhou does not teach wherein the P2P module is configured to use an encryption protocol to encrypt traffic transmitted over the P2P connection. However, Bannai teaches that such techniques for communicating shared secrets between optical communication devices (e.g., encryption, public key/private key, etc.) are generally well-known and provide security in communications (Col. 2, line 58 – Col. 3, line 9). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Zhou wherein the P2P module is configured to use an encryption protocol to encrypt traffic transmitted over the P2P connection, because such techniques for communicating shared secrets between optical communication devices (e.g., encryption, public key/private key, etc.) are generally well-known and provide security in communications. Regarding Claim 14, Zhou as modified by SARASHINA teaches the OLT of claim 10. Zhou does not teach an overlay module to perform encryption of traffic over the P2P network. However, Bannai teaches that such techniques for communicating shared secrets between optical communication devices (e.g., encryption, public key/private key, etc.) are generally well-known and provide security in communications (Col. 2, line 58 – Col. 3, line 9). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Zhou to include an overlay module to perform encryption of traffic over the P2P network, because such techniques for communicating shared secrets between optical communication devices (e.g., encryption, public key/private key, etc.) are generally well-known and provide security in communications. Regarding Claim 16, Zhou as modified by SARASHINA teaches the OLT of claim 10. Zhou does not teach wherein the P2P module is configured to use an encryption protocol to encrypt traffic transmitted over the network. However, Bannai teaches that such techniques for communicating shared secrets between optical communication devices (e.g., encryption, public key/private key, etc.) are generally well-known and provide security in communications (Col. 2, line 58 – Col. 3, line 9). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Zhou wherein the P2P module is configured to use an encryption protocol to encrypt traffic transmitted over the network, because such techniques for communicating shared secrets between optical communication devices (e.g., encryption, public key/private key, etc.) are generally well-known and provide security in communications. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID W LAMBERT whose telephone number is (571)272-7692. The examiner can normally be reached Monday to Friday, 10-6. 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. /DAVID W LAMBERT/Examiner, Art Unit 2634
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Prosecution Timeline

May 12, 2023
Application Filed
Jan 05, 2026
Non-Final Rejection — §103, §112 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
76%
Grant Probability
89%
With Interview (+12.5%)
2y 0m
Median Time to Grant
Low
PTA Risk
Based on 500 resolved cases by this examiner. Grant probability derived from career allow rate.

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