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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 07/29/2026 has been entered.
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 1-5, 10-14, and 17-19,21 and 22 are rejected under 35 U.S.C. 103 as being
unpatentable over Khotimsky (US. Pat. Pub. 2021/0289274 A1) in view of Huang (US. Pat. Pub. 2022/0326052 A1) and further in view of Suzaki (US 10859408).
Regarding Claim 1, Khotimsky teaches A method for monitoring an optical distribution
network (ODN) (FIG. 4, 410) in a passive optical network (PON) ([0051]), comprising:
establishing at least one data channel between an optical line terminal (OLT) (FIG. 1, 110) and at least one optical network unit (ONU) (FIG. 1, 140); receiving, by the at least one ONU, a live data traffic signal on at least one of the at least one data channel (FIG. 1); and transmitting, by the at least one ONU, an alert to the OLT when one or more abnormalities are detected. (FIG. 4,420).
However, Khotimsky does not explicitly disclose monitoring, by the at least one ONU, the live data traffic signal for one or more abnormalities; wherein the one or more abnormalities comprise at least one of a change in a state of polarization of the live data traffic signal or a phase variation of the live data traffic signal.
In a related field of endeavor, Huang discloses monitoring, by the at least one ONU, the live data traffic signal for one or more abnormalities; (FIG. 1, "Switch Signal for TDM Sensing"; [0031]).
Thus, it would have obvious for a person of ordinary skill in the art before the effective filling date of the invention to move the monitoring system taught in Khotimsky to reside within the ONU after considering Huang which teaches placing monitoring equipment within the ONU and the motivation would have been to consolidate equipment such that less components need to be added to the communication system.
However, the combination of Khotimsky and Huang does not explicitly disclose wherein the one or more abnormalities comprise at least one of a change in a state of polarization of the live data traffic signal or a phase variation of the live data traffic signal.
In a related field of endeavor, Suzaki discloses wherein the one or more abnormalities comprise at least one of a change in a state of polarization of the live data traffic signal or a phase variation of the live data traffic signal; (the data processing device 22 collects, from the first polarization fluctuation detector 16 and the second polarization fluctuation detector 15, data (polarization fluctuation data) indicating the fluctuation of the polarization detected by these detectors. The data processing device 22 collects the first polarization fluctuation data from the first polarization fluctuation detector 16 and collects the second polarization fluctuation data from the second polarization fluctuation detector 15. The data processing device 22 may identify a position at which at least one of the vibration and the displacement occurs in the optical fiber 19 based on the first polarization fluctuation data and the second polarization fluctuation data, see column 6, lines 10-22 and figure 1).
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 polarization fluctuation detector of Suzaki with Khotimsky and Huang to provide data indicating the fluctuation of the polarization detected by the polarization fluctuation detector and motivation is to monitor upstream and/or downstream data.
Regarding Claim 2, the combination of Khotimsky, Huang and Suzaki teach the method of claim 1, wherein the PON comprises a time division multiplexing (TDM) PON (Khotimsky, [0011]) or a time and wavelength division multiplexing (TWDM) PON (Id.).
Regarding Claim 3, the combination of Khotimsky, Huang and Suzaki discloses the method of claim 1, wherein each of the at least one ONU comprises a coherent receiver and a data processing unit (Khotimsky, FIG. 2; [0003]), and wherein monitoring the live data traffic signal for one or more abnormalities comprises: receiving the live data traffic signal by the coherent receiver, and processing the live data traffic signal by the data processing unit to identify the one or more abnormalities (Khotimsky, [0042]).
Regarding Claim 4, the combination of Khotimsky, Huang and Suzaki discloses the method of claim 3, wherein the data processing unit comprises at least one of a digital signal processor (DSP) or an automatic gain control (AGC) unit. (Khotimsky, FIG. 2)
Regarding Claim 5, the combination of Khotimsky and Huang discloses the method of
claim 3, wherein processing the received live data traffic signal by the data processing unit to identify the one or more abnormalities further comprises: performing, by the data processing unit, a risk assessment analysis to determine a risk level associated with the identified one or more abnormalities; and transmitting, by the at least one ONU, the alert to the OLT based on the determined risk level. (Khotimsky, [0042]).
Regarding Claim 10, The combination of Khotimsky, Huang and Suzaki discloses the method of claim 1, further comprising: notifying one or more system management components regarding the alert, wherein the notification includes at least the location of the ONU and associated distribution fiber. (Khotimsky, FIG. 4; [0034])
Regarding Claim 11, The combination of Khotimsky, Huang and Suzaki discloses the method of claim 10, further comprising: generating, by the one or more system management components, a notification to one or more field personnel devices regarding the alert. (Khotimsky, FIG. 4; [0034]).
Regarding Claim 12, Khotimsky discloses a system for monitoring an optical distribution
network (ODN) (FIG. 4) in a passive optical network (PON) ([0051]), comprising: an optical line terminal (OLT) (FIG. 1, 110); a plurality of optical network units (ONUs) (FIG. 1, 140), wherein the OLT is configured to establish at least one data channel with the plurality of ONUs (FIG. 1); wherein the OLT is configured to transmit a live data traffic signal on at least one of the at least one data channel to at least one of the plurality of ONUs; (Id.) and wherein each of the plurality of ONUs is configured to transmit an alert to the OLT when one or more abnormalities is detected. and wherein each of the plurality of ONUs is configured to transmit an alert to the OLT when one or more abnormalities is detected. (FIG. 4, 420).
Khotimsky does not disclose wherein each of the plurality of ONUs is configured to monitor the live data traffic signal for one or more abnormalities; wherein the one or more abnormalities comprise at least one of a change in a state of polarization of the live data traffic signal or a phase variation of the live data traffic signal.
In a related field of endeavor, Huang discloses wherein each of the plurality of ONUs is configured to monitor the live data traffic signal for one or more abnormalities (FIG. 1, "Switch Signal for TDM Sensing"; [0031]).
However, the combination of Khotimsky and Huang does not explicitly disclose wherein the one or more abnormalities comprise at least one of a change in a state of polarization of the live data traffic signal or a phase variation of the live data traffic signal.
In a related field of endeavor, Suzuki discloses wherein the one or more abnormalities comprise at least one of a change in a state of polarization of the live data traffic signal or a phase variation of the live data traffic signal; (the data processing device 22 collects, from the first polarization fluctuation detector 16 and the second polarization fluctuation detector 15, data (polarization fluctuation data) indicating the fluctuation of the polarization detected by these detectors. The data processing device 22 collects the first polarization fluctuation data from the first polarization fluctuation detector 16 and collects the second polarization fluctuation data from the second polarization fluctuation detector 15. The data processing device 22 may identify a position at which at least one of the vibration and the displacement occurs in the optical fiber 19 based on the first polarization fluctuation data and the second polarization fluctuation data, see column 6, lines 10-22 and figure 1).
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 polarization fluctuation detector of Suzaki with Khotimsky and Huang to provide data indicating the fluctuation of the polarization detected by the polarization fluctuation detector and motivation is to monitor upstream and/or downstream data.
Regarding Claim 13, the combination of Khotimsky and Huang discloses the system of
claim 12, wherein each of the plurality of ONUs comprises a coherent receiver and a data processing unit (Khotimsky, FIG. 2; [0003]), and wherein each of the plurality of ONUs is further configured to: receive the live data traffic signal by the coherent receiver, and process the live data traffic signal by the data processing unit to identify the one or more abnormalities. (Khotimsky, [0042]).
Regarding Claim 14, The combination of Khotimsky and Huang teach The system of
claim 13, wherein each of the plurality of ONUs configured to process the received live data traffic signal by the data processing unit to identify the one or more abnormalities is further configured to: perform a risk assessment analysis to determine a risk level associated with the identified one or more abnormalities; and transmit the alert to the OLT based on the determined risk level. (Khotimsky, [0042]).
Regarding Claim 17, The combination of Khotimsky and Huang discloses the system of
claim 12, further comprising: one or more system management components coupled to the OLT via one or more backhaul networks, wherein the OLT is configured to notify the one or more system management components regarding the alert, wherein the notification includes at least the location of the ONU and associated distribution fiber. (Khotimsky, FIG. 4; [0034]).
Regarding Claim 18, The combination of Khotimsky and Huang discloses the system of claim 17, wherein the one or more system management components are configured to generate a notification to one or more field personnel devices regarding the alert. (Khotimsky, FIG. 4; [0034]).
Regarding Claim 19, Khotimsky teaches A non-transitory computer readable medium
comprising instructions, the instructions comprising: one or more instructions that, when
executed by one or more processors, cause the one or more processors to (Khotimsky, FIG. 2; [0029]): establish at least one data channel between an optical line terminal (OLT) and at least one optical network unit (ONU) (FIG. 1, 110, 140), receive a live data traffic signal on at least one of the at least one data channel; channel (FIG. 1); monitor the live data traffic signal for one or more abnormalities (FIG. 4, 410); and transmit an alert to the OLT when one or more abnormalities is detected. ([34]; FIG. 4, 420)
However, Khotimsky does not explicitly disclose monitoring, by the at least one ONU, the live data traffic signal for one or more abnormalities; wherein the one or more abnormalities comprise at least one of a change in a state of polarization of the live data traffic signal or a phase variation of the live data traffic signal.
In a related field of endeavor, Huang discloses monitoring, by the at least one ONU, the live data traffic signal for one or more abnormalities; (FIG. 1, "Switch Signal for TDM Sensing"; [0031]).
Thus, it would have obvious for a person of ordinary skill in the art before the effective filling date of the invention to move the monitoring system taught in Khotimsky to reside within the ONU after considering Huang which teaches placing monitoring equipment within the ONU and the motivation would have been to consolidate equipment such that less components need to be added to the communication system.
However, the combination of Khotimsky and Huang does not explicitly disclose wherein the one or more abnormalities comprise at least one of a change in a state of polarization of the live data traffic signal or a phase variation of the live data traffic signal.
In a related field of endeavor, Suzaki discloses wherein the one or more abnormalities comprise at least one of a change in a state of polarization of the live data traffic signal or a phase variation of the live data traffic signal; (the data processing device 22 collects, from the first polarization fluctuation detector 16 and the second polarization fluctuation detector 15, data (polarization fluctuation data) indicating the fluctuation of the polarization detected by these detectors. The data processing device 22 collects the first polarization fluctuation data from the first polarization fluctuation detector 16 and collects the second polarization fluctuation data from the second polarization fluctuation detector 15. The data processing device 22 may identify a position at which at least one of the vibration and the displacement occurs in the optical fiber 19 based on the first polarization fluctuation data and the second polarization fluctuation data, see column 6, lines 10-22 and figure 1).
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 polarization fluctuation detector of Suzaki with Khotimsky and Huang to provide data indicating the fluctuation of the polarization detected by the polarization fluctuation detector and motivation is to monitor upstream and/or downstream data.
Regarding claim 21, the combination of Khotimsky, Huang and Suzaki discloses the non-transitory computer readable medium of claim 19, wherein the instructions further cause the at least one ONU to: receive the live data traffic signal by a coherent receiver, and process (Khotimsky, FIG. 2; [0003]), the live data traffic signal by a data processing unit to identify the one or more abnormalities (Khotimsky, [0042]).
Regarding claim 22, the combination of Khotimsky, Huang and Suzaki discloses the non-transitory computer readable medium of claim 21, wherein the instructions
that cause the at least ONU to process the received live data traffic signal by the data processing unit to identify the one or more abnormalities further cause the at least one ONU to: perform a risk assessment analysis to determine a risk level associated with the identified one or more abnormalities; and transmit the alert to the OLT based on the determined risk level (Khotimsky, [0042]).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Khotimsky
(US. Pat. Pub. 2021/0289274 A1) in view of Huang (US. Pat. Pub. 2022/0326052 A1) further in view of Suzaki (US 10859408) and further view of Tabet (US. Pat. Pub. 2022/0345213 A1)
Regarding Claim 6, the combination of Khotimsky, Huang and Suzaki does not disclose the method of claim 5, wherein the risk assessment analysis may use or incorporate one or more artificial intelligence (AI) and/or machine learning (ML) algorithms.
In a related field of endeavor, Tabet discloses Tabet discloses wherein the risk assessment analysis may use or incorporate one or more artificial intelligence (AI) and/or machine learning (ML) algorithms. ([0048]).
Thus, it would have obvious for a one of the ordinary skill in the art before the effective filling date of the invention to combine the machine learning techniques taught in Tabet with the monitoring system taught in Khotimsky Huang and Suzaki to integrate
the advantages of machine learning to the monitoring system taught in Khotimsky and the motivation is increased monitoring efficiency.
Claims 8-9 and 15-16 are rejected under 35 U.S.C. 103 as being unpatentable
over Khotimsky (US. Pat. Pub. 2021/0289274 A1) in view of Huang (US. Pat. Pub.
2022/0326052 A1) and further in view of Suzaki (US 10859408) and in further view of Jaaskelainen (US. Pat. Pub. 2023/0417114 A1).
Regarding Claim 8, The combination of Khotimsky, Huang and Suzaki discloses the method of claim 1, further comprising: determining, by the OLT, that alerts have been received from multiple ONUs, (Khotimsky, FIG. 4; [0034]) and
However, the combination of Khotimsky, Huang and Suzaki does not disclose initiating distributed fiber optic sensing (DFOS) processing to identify whether a trunk fiber issues has occurred.
In a related field of endeavor, Jaaskelainen teaches initiating distributed fiber optic sensing (DFOS) processing to identify whether a trunk fiber issues has occurred. ([0006]).
Thus, it would have obvious for a person of one of the ordinary skilled in the art before the effective filling date of the invention to combine the distributed fiber optic sensing system taught in Jaaskelainen with the monitoring system taught in Khotimsky, Huang and Suzaki to improve the sensory capabilities of the monitoring system with the advantages provided by distributed fiber optic sensing and the motivation is increased monitoring sensitivity.
Regarding Claim 9, the combination of Khotimsky, Huang, Suzaki and Jaaskelainen discloses the method of claim 8, further comprising: determining whether the alerts from the multiple ONUs are received substantially concurrently or within a predetermined time period; and initiating DFOS processing (Jaaskelainen, [0006]) when the alerts from the multiple ONUs are received substantially concurrently or within the predetermined time period. (Khotimsky, FIG. 4; [0034]).
Thus, it would have obvious for a person of ordinary skill in the art before the effective filling date of the invention to combine the distributed fiber optic sensing system taught in Jaaskelainen with the monitoring system of Khotimsky, Huang and Suzaki to improve the sensory capabilities of the monitoring system with the advantages provided by distributed fiber optic sensing and the motivation is increased monitoring sensitivity.
Regarding Claim 15, the combination of Khotimsky, Huang, Suzaki and Jaaskelainen discloses the system of claim 12, wherein the OLT is further configured to determine that alerts have been received from multiple of the plurality of ONUs, (Khotimsky, FIG. 4; [0034]) and wherein the OLT is configured to initiate distributed fiber optic sensing (DFOS) processing (Jaaskelainen, [0006]) to identify whether a trunk fiber issues has occurred.
Thus, it would have obvious for a person of ordinary skill in the art before the effective filling date of the invention to combine the distributed fiber optic sensing system taught in Jaaskelainen with the monitoring system of Khotimsky, Huang and Suzaki to improve the sensory capabilities of the monitoring system with the advantages provided by distributed fiber optic sensing and the motivation is increased monitoring sensitivity.
Regarding Claim 16, the combination of Khotimsky, Huang, Suzaki and Jaaskelainen discloses teach the system of claim 15, wherein the OLT is further configured to determine whether alerts from the multiple ONUs are received substantially concurrently or within a predetermined time] period, and wherein the OLT is configured to initiate DFOS (Jaaskelainen, [0006]) when the alerts from the multiple ONUs are received substantially concurrently or within the predetermined time period. (Khotimsky, FIG. 4; [0034]).
Thus, it would have obvious for a person of ordinary skill in the art before the effective filling date of the invention to combine the distributed fiber optic sensing system taught in Jaaskelainen with the monitoring system of Khotimsky, Huang and Suzaki to improve the sensory capabilities of the monitoring system with the advantages provided by distributed fiber optic sensing and the motivation is increased monitoring sensitivity.
Conclusion
6. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
a. Houtsma et al; (US 2026/0113112) discloses an apparatus for polarization sensing at several PON receivers may be used to monitor conditions at the fiber spans forming the ODN and report abnormal” conditions that may arise from the fiber itself or environmental changes at a fiber location, see figure 2.
b. Parkin et al; (US 2017/0279523) discloses the OTDR configured to monitor the link by transmitting an optical pulse (22) from the head end to the monitored RN, and the obtained reading of the time indicating the length of the fibre link between the OLT (4) at the head end and the RN (10) is then compared against a baseline or reference value, see figure 1.
c. Godfrey et al; (US 2016/0123798) discloses method and apparatus for fibre optic distributed acoustic sensing (DAS) that allow for quantitative estimation of relatively large and continuous stimuli acting on the sensing fibre. An optical fibre (101) is interrogated with optical pulse and the Rayleigh backscatter detected to provide a DAS sensor, 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.
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/AMRITBIR K SANDHU/ Primary Examiner, Art Unit 2634
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