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 .
Terminal Disclaimer
The terminal disclaimer filed on 12/18/2025 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of co-pending Patent Applications 18792054 and 18437607 has been reviewed and is accepted. The terminal disclaimer has been recorded.
Response to Arguments
Applicant’s arguments, see REMARKS, filed 12/18/2025, with respect to rejection of claims 1-24 under 35 U.S.C. 112(b) have been fully considered and are persuasive in view of the filed amendments. The rejection of claims 1-24 under 35 U.S.C. 112(b) has been withdrawn.
Applicant's arguments, see REMARKS, filed 12/18/2025, with respect to rejection of claims 1-5, 7-12, 14, 16-19 and 21-24 under 35 U.S.C. 103 have been fully considered but they are not persuasive.
Applicants argue, see page 10 of REMARKS, that “Rakib does not appear to disclose establishing bi-directional transmissions using spread-spectrum modulated signals between a transponder in a network device and a gateway device, separately from and in addition to transmitting at least downstream primary signals. The Office Action refers to paragraph 0298 of Rakib as allegedly teaching spread-spectrum modulated signals; however, this paragraph merely discloses converting upstream QAM channel(s) into spread spectrum signals and does not disclose or make obvious bi-directional transmissions using spread-spectrum modulated signals.”
The Office respectfully disagrees. In broadest reasonable interpretation/general definition, a bidirectional transmission/communication is understood to refer to a form of information exchange where data or messages can be transmitted and received between two or more parties. As such, Rakib explicitly teaches (Abstract Fig. 6, 12, Para. [0345]-[0348]) a system where information, data or messages is exchanged over “hybrid fiber CATV (HFC) cable” using “bidirectional communication between the cable and the Gainspeed EtherNode,” “bidirectional communication between the Gainspeed EtherNode and the edge router,” “bidirectional communication between the edge router and the Gainspeed controller,” “bidirectional communication and between the Gainspeed controller and the cable operator servers or back office” where the “bidirectional communication” comprises converting at least “upstream QAM channel(s) into spread spectrum signals.” Rakib additionally (Para. [0084], [0145]) transmitting “in downstream mode…customized data downstream for users” where “The DOFN optical fiber nodes can examine the data packets, determine which packets correspond to what signals, and for example then use the appropriate data packets to drive various optical fiber located RF QAM modulators (e.g. for broadcast QAM signals, narrowcast QAM signals, DOCSIS QAM signals, etc.) as desired”… “The D-CMRTS/DOFN units will also often have an RF combiner device, or at least be attached to a combiner device (such as a Diplex or Multiplex device), that combines all of the various RF QAM and other CATV signals to produce a combined RF signal suitable for injection into a CATV cable connected to at least one cable modem.” Therefore, Rakib fairly teaches “bidirectional communication” between at least two plurality of network devices is performed over hybrid fiber CATV (HFC) cable using “spread spectrum signals” together with various primary downstream RF QAM signals.
Applicants further argue, see page 10 of REMARKS, that “Chang does not appear to make obvious a downstream spread spectrum signal positioned in frequency relative to a downstream primary signal to avoid interference.”
The Office respectfully disagrees. The claim does not positively recite that “a downstream spread spectrum signal” is “positioned in frequency relative to a downstream primary signal.” The only requires “spread-spectrum modulated signals…positioned in frequency relative to the downstream primary signals” to avoid interference. As addressed in the previous rejection, Rakib teaches transmission of “spread spectrum signals”/spread-spectrum modulated signals together with various primary downstream RF QAM signals over different frequency bands/channels (e.g. Fig. 6, Para. [0145], [0298], [0300]: converted upstream spread spectrum signals and primary downstream signals are transmitted across different frequency ranges, e.g. “5-42 MHz for upstream functions, and other frequency ranges (e.g. 54-870 MHz) for downstream functions…[where] These frequency ranges may be adjusted.” Chang et al. is cited to simply teach teaches (Para. [0024]) that “downstream and upstream signals are assigned in different spectral bands” “such that the bi-directional transmissions occur without detectable interference with the downstream primary signals” (Para. [0024]: “To avoid interference between the bidirectional traffic, downstream and upstream signals are assigned in different spectral bands”).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention that the converted Upstream spread spectrum signals/data positioned in frequency relative to the Downstream primary signals/data in Rabik’s invention can be or are assigned in different spectral bands as taught by Chang et al. where doing so would (Chang et al., Para. [0024]) “avoid interference between the bidirectional traffic.”
Applicants finally argue, see page 10 of REMARKS, “that any teaching in Mohebbi of a chirp spread spectrum modulation signal with lower power and lower data rate is specific to wireless communication and networks and specific to a traditional LoRaWAN application with IoT devices, where the LoRaWAN signals are the primary signals being sent to and from the IoT devices.”
The Office respectfully disagrees. Mohebbi fairly teaches (Fig. 4, Para. [0025], [0040]) “chirp spread spectrum modulation which is ideal for applications requiring low power usage and limited to relatively low data rates” in comparison to “OFDM”). As Rabik in view of Chang et al. teaches (Rabik, Fig. 6, 12, Para. [0149], [0235]) that downstream signals are modulated using QAM/OFDM waveforms and further transmitting converted upstream spread spectrum signals in “the bidirectional communication” between varies plurality of network devices, as addressed above, The Office agreed that Rabik in view of Chang et al. do not teach “the spread-spectrum modulated signals” “have a lower data rate and less power than the downstream primary signals.” However, in view of Mohebbi et al.’s teaching that “chirp spread spectrum modulation which is ideal for applications requiring low power usage and limited to relatively low data rates” in comparison to “OFDM”) where such teaching does not limit it’s application to the type of communication medium or plurality of network devices. Mohebbi et al.’s teaching is addressing a modulation of signal, where spread spectrum signals can be modulated as “chirp spread spectrum” signals “which is ideal for applications requiring low power usage and limited to relatively low data rates” in comparison to “OFDM”. The Office asserts that it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention that the spread spectrum signals/data in Rabik in view of Chang et al.’s invention can be modulated as chirp spread spectrum having low power usage and limited to relatively low data rates as taught by Mohebbi et al. where doing so would (Mohebbi et al.., Para. [0007]) provide “integration and interoperability between the different networks and access technologies” and reduce “complexity, cost and network duplication.”
Therefore, the Office maintains its previous rejection as detailed below.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 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.
Claims 1-5, 7-12, 14, 16-19 and 21-24 are rejected under 35 U.S.C. 103 as being unpatentable over Rakib (US 20150172072 A1 previously cited) in view of Chang et al. (US 20100316372 A1 previously cited) further in view of Mohebbi et al. (US 20180248983 A1 previously cited).
Regarding Claim 1, Rakib discloses;
A method for communication in a network including a physical communication medium (Fig. 7, 11: physical communication medium includes coaxial cables and optical fibers) coupled to a plurality of network devices (Fig. 7, 8, 11, 11A: plurality of D-CMRTS/DOFN), wherein at least one of the plurality of network devices includes a transponder (Fig. 8, 11A: CMRTS 604), comprising:
transmitting at least downstream primary signals over the physical communication medium to at least one of the plurality of network devices (Fig. 5, Para. [0035], [0084]: transmitting “in downstream mode…customized data downstream for users” where “The DOFN optical fiber nodes can examine the data packets, determine which packets correspond to what signals, and for example then use the appropriate data packets to drive various optical fiber located RF QAM modulators (e.g. for broadcast QAM signals, narrowcast QAM signals, DOCSIS QAM signals, etc.) as desired”), wherein the downstream primary signals include multiplexed narrowband modulated signals (Para. [0084], [0145]: transmitting “in downstream mode…customized data downstream for users” where “The DOFN optical fiber nodes can examine the data packets, determine which packets correspond to what signals, and for example then use the appropriate data packets to drive various optical fiber located RF QAM modulators (e.g. for broadcast QAM signals, narrowcast QAM signals, DOCSIS QAM signals, etc.) as desired”… “The D-CMRTS/DOFN units will also often have an RF combiner device, or at least be attached to a combiner device (such as a Diplex or Multiplex device), that combines all of the various RF QAM and other CATV signals to produce a combined RF signal suitable for injection into a CATV cable connected to at least one cable modem.” That is, downstream RF QAM data signals are multiplexed narrowband/narrowcast QAM modulated signals); and
establishing bi-directional transmissions between the transponder in the network device and a gateway device (Fig. 7, 8, 11, 11A, 12, Para. [0344]-[0348]: some of the more important communication protocols that go between the different entities or elements of the system. For example, FIG. 12 shows:…1) The bidirectional communication between the cable and the Gainspeed EtherNode…2) The bidirectional communication between the Gainspeed EtherNode and the edge router;…3) The bidirectional communication between the edge router and the Gainspeed controller;…4) The bidirectional communication and between the Gainspeed controller and the cable operator servers or back office”. That is, at least one bidirectional communication/transmission occurs between the CMRTS 604 and a gateway e.g. Gainspeed controller 1102) wherein the bi-directional transmissions use spread-spectrum modulated signals on the physical communication medium together with the downstream primary signals (Fig. 6, Para. [0298]: “alternatively convert the upstream QAM channel(s) into spread spectrum signals”. As depicted in Fig. 6, upstream spread spectrum signals/data on the physical communication medium are transmitted together with the downstream primary signals/data), wherein the spread-spectrum modulated signals used for the bi-directional transmissions…are positioned in frequency relative to the downstream primary signals (Fig. 6: Upstream spread spectrum signals/data are positioned in frequency relative to the Downstream primary signals/data).
Rabik does not state the Upstream spread spectrum signals/data positioned in frequency relative to the Downstream primary signals/data:
“such that the bi-directional transmissions occur without detectable interference with the downstream primary signals” and that the spread-spectrum modulated signals used for the bi-directional transmissions:
“have a lower data rate and less power than the downstream primary signals”.
On the other hand, in the same field of endeavor (Para. [0002]: “fiber optical network system”), Chang et al. teaches (Para. [0024]) that “downstream and upstream signals are assigned in different spectral bands”:
“such that the bi-directional transmissions occur without detectable interference with the downstream primary signals” (Para. [0024]: “To avoid interference between the bidirectional traffic, downstream and upstream signals are assigned in different spectral bands”).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention that the Upstream spread spectrum signals/data positioned in frequency relative to the Downstream primary signals/data in Rabik’s invention can be or are assigned in different spectral bands as taught by Chang et al. where doing so would (Chang et al., Para. [0024]) “avoid interference between the bidirectional traffic.”
Rabik in view of Chang et al. do not teach that the spread-spectrum modulated signals used for the bi-directional transmissions:
“have a lower data rate and less power than the downstream primary signals”.
On the other hand, Mohebbi et al. teaches that spread spectrum signals:
have a lower data rate and less power than the downstream primary signals” (Fig. 4, Para. [0025], [0040]: “chirp spread spectrum modulation which is ideal for applications requiring low power usage and limited to relatively low data rates” in comparison to “OFDM” ).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention that the spread spectrum signals/data in Rabik in view of Chan et al.’s invention can be modulated as chirp spread spectrum having low power usage and limited to relatively low data rates as taught by Mohebbi et al. where doing so would (Mohebbi et al.., Para. [0007]) provide “integration and interoperability between the different networks and access technologies” and reduce “complexity, cost and network duplication.”
Regarding Claim 17, Rakib discloses;
A system (Abstract, Fig. 4C, 5-8, 11-15: “system …for hybrid fiber CATV (HFC) cable networks”) comprising:
a plurality of network devices (Fig. 7, 8, 11, 11A: plurality of D-CMRTS/DOFN) configured to receive downstream primary signals (Fig. 5, 7, 11, Para. [0035], [0084]: transmitting “in downstream mode…customized data downstream for users” where “The DOFN optical fiber nodes can examine the data packets, determine which packets correspond to what signals, and for example then use the appropriate data packets to drive various optical fiber located RF QAM modulators (e.g. for broadcast QAM signals, narrowcast QAM signals, DOCSIS QAM signals, etc.) as desired”. As depicted in Fig. 11, a plurality of DOFN optical fiber nodes/plurality of network devices receive Downstream data/signals), wherein at least one of the plurality of network devices includes a transponder (Fig. 8, 11A: CMRTS 604) configured to establish bi-directional transmissions using spread-spectrum modulated signals (Fig. 6, Para. [0298]: “alternatively convert the upstream QAM channel(s) into spread spectrum signals”. As depicted in Fig. 6, upstream spread spectrum signals/data on the physical communication medium are transmitted together with the downstream primary signals/data), wherein the downstream primary signals include multiplexed narrowband modulated signals (Para. [0084], [0145]: transmitting “in downstream mode…customized data downstream for users” where “The DOFN optical fiber nodes can examine the data packets, determine which packets correspond to what signals, and for example then use the appropriate data packets to drive various optical fiber located RF QAM modulators (e.g. for broadcast QAM signals, narrowcast QAM signals, DOCSIS QAM signals, etc.) as desired”… “The D-CMRTS/DOFN units will also often have an RF combiner device, or at least be attached to a combiner device (such as a Diplex or Multiplex device), that combines all of the various RF QAM and other CATV signals to produce a combined RF signal suitable for injection into a CATV cable connected to at least one cable modem.” That is, downstream RF QAM data signals are multiplexed narrowband/narrowcast QAM modulated signals), and wherein the spread-spectrum modulated signals used for the bi-directional transmissions…are positioned in frequency relative to the downstream primary signals (Fig. 6: Upstream spread spectrum signals/data are positioned in frequency relative to the Upstream primary QAM signals/data).
a physical communication medium coupled to the plurality of network devices (Fig. 7, 11: physical communication medium includes coaxial cables and optical fibers are coupled to the plurality of /“Gainspeed EtherNodes/DOFN”/ plurality of network devices 116/300, 304), wherein the physical communication medium is configured to carry the spread-spectrum modulated signals together with at least the downstream primary signals (Fig. 6, Para. [0298]: “alternatively convert the upstream QAM channel(s) into spread spectrum signals”. As depicted in Fig. 6, upstream spread spectrum signals/data on the physical communication medium are transmitted together with the downstream primary signals/data); and
a gateway device coupled to the physical communication medium (Fig. 7, 8, 11, 11A, 12, Para. [0344]-[0348]: some of the more important communication protocols that go between the different entities or elements of the system. For example, FIG. 12 shows:..1) The bidirectional communication between the cable and the Gainspeed EtherNode…2) The bidirectional communication between the Gainspeed EtherNode and the edge router;…3) The bidirectional communication between the edge router and the Gainspeed controller;…4) The bidirectional communication and between the Gainspeed controller and the cable operator servers or back office”. That is, at least one bidirectional communication/transmission occurs between the CMRTS 604 and a gateway device e.g. Head end equipment 500/ “1120 “virtuak head end””), wherein the gateway device includes at least one gateway transceiver (Fig. 11: a virtual head end (1120) includes Gainspeed controller 1102, Hub/MX constituting a transceiver) configured to transmit and receive the spread-spectrum modulated signals (Fig. 7, 11: Gainspeed controller 1102, Hub/MX may transmit and receive the spread spectrum signals).
Rabik does not state the Upstream spread spectrum signals/data positioned in frequency relative to the Downstream primary signals/data:
“such that the bi-directional transmissions occur without detectable interference with the downstream primary signals” and that the spread-spectrum modulated signals used for the bi-directional transmissions:
“have a lower data rate and less power than the downstream primary signals”.
On the other hand, in the same field of endeavor (Para. [0002]: “fiber optical network system”), Chang et al. teaches (Para. [0024]) that “downstream and upstream signals are assigned in different spectral bands”:
“such that the bi-directional transmissions occur without detectable interference with the downstream primary signals” (Para. [0024]: “To avoid interference between the bidirectional traffic, downstream and upstream signals are assigned in different spectral bands”).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention that the Upstream spread spectrum signals/data positioned in frequency relative to the Downstream primary signals/data in Rabik’s invention can be or are assigned in different spectral bands as taught by Chang et al. where doing so would (Chang et al., Para. [0024]) “avoid interference between the bidirectional traffic.”
Rabik in view of Chang et al. do not teach that the spread-spectrum modulated signals used for the bi-directional transmissions:
“have a lower data rate and less power than the downstream primary signals”.
On the other hand, Mohebbi et al. teaches that spread spectrum signals:
have a lower data rate and less power than the downstream primary signals” (Fig. 4, Para. [0025], [0040]: “chirp spread spectrum modulation which is ideal for applications requiring low power usage and limited to relatively low data rates” in comparison to “OFDM” ).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention that the spread spectrum signals/data in Rabik in view of Chan et al.’s invention can be modulated as chirp spread spectrum having low power usage and limited to relatively low data rates as taught by Mohebbi et al. where doing so would (Mohebbi et al.., Para. [0007]) provide “integration and interoperability between the different networks and access technologies” and reduce “complexity, cost and network duplication.”
Regarding Claim 2 and 18, Rakib in view of Chang et al. further in view of Mohebbi et al. discloses all as applied to claim 1 and 17 above, where Rakib further teaches;
transmitting upstream primary signals over the physical communication medium from at least one of the plurality of network devices (Fig. 6, 8, Para. [0077]: “upstream data must be carried as a number of 2 MHz wide QAM channels”. As depicted in Fig. 6, upstream QAM signals/data is transmitted over the physical communication medium from at least one of the D-CMRTS/DOFN/plurality of network devices), wherein the upstream primary signals include multiplexed narrowband modulated signals (Para. [0084]: “The DOFN optical fiber nodes can examine the data packets, determine which packets correspond to what signals, and for example then use the appropriate data packets to drive various optical fiber located RF QAM modulators (e.g. for broadcast QAM signals, narrowcast QAM signals, DOCSIS QAM signals, etc.) as desired”… “The D-CMRTS/DOFN units will also often have an RF combiner device, or at least be attached to a combiner device (such as a Diplex or Multiplex device), that combines all of the various RF QAM and other CATV signals to produce a combined RF signal suitable for injection into a CATV cable connected to at least one cable modem.” That is, upstream RF QAM data signals are multiplexed narrowband/narrowcast QAM modulated signals), wherein the spread-spectrum modulated signals used for the bi-directional transmissions…are positioned in frequency relative to the upstream primary signals (Fig. 6: Upstream spread spectrum signals/data are positioned in frequency relative to the Upstream primary QAM signals/data).
Rabik does not state the Upstream spread spectrum signals/data positioned in frequency relative to the Upstream primary QAM signals/data:
“such that the bi-directional transmissions occur without detectable interference with the upstream primary signals” and that the spread-spectrum modulated signals used for the bi-directional transmissions:
“have a lower data rate and less power than the upstream primary signals”.
On the other hand, in the same field of endeavor (Para. [0002]: “fiber optical network system”), Chang et al. teaches (Para. [0024]) that “downstream and upstream signals are assigned in different spectral bands”:
“such that the bi-directional transmissions occur without detectable interference with the upstream primary signals” (Para. [0024]: “To avoid interference between the bidirectional traffic, downstream and upstream signals are assigned in different spectral bands”).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention that the Upstream spread spectrum signals/data positioned in frequency relative to the Upstream primary QAM signals/data in Rabik’s invention can be or are assigned in different spectral bands as taught by Chang et al. where doing so would (Chang et al., Para. [0024]) “avoid interference between the bidirectional traffic.”
Rabik in view of Chang et al. do not teach that the spread-spectrum modulated signals used for the bi-directional transmissions:
“have a lower data rate and less power than the upstream primary signals”.
On the other hand, Mohebbi et al. teaches that spread spectrum signals:
have a lower data rate and less power than the upstream primary signals” (Fig. 4, Para. [0025], [0040]: “chirp spread spectrum modulation which is ideal for applications requiring low power usage and limited to relatively low data rates” in comparison to “OFDM” ).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention that the spread spectrum signals/data in Rabik in view of Chan et al.’s invention can be modulated as chirp spread spectrum having low power usage and limited to relatively low data rates as taught by Mohebbi et al. where doing so would (Mohebbi et al.., Para. [0007]) provide “integration and interoperability between the different networks and access technologies” and reduce “complexity, cost and network duplication.”
Regarding Claim 3, Rakib in view of Chang et al. further in view of Mohebbi et al. discloses all as applied to claim 1 above, where Rakib further teaches;
wherein the downstream primary signals are modulated using quadrature amplitude modulation (QAM) (Fig. 5, Para. [0035], [0084]: transmitting “in downstream mode…customized data downstream for users” where “The DOFN optical fiber nodes can examine the data packets, determine which packets correspond to what signals, and for example then use the appropriate data packets to drive various optical fiber located RF QAM modulators (e.g. for broadcast QAM signals, narrowcast QAM signals, DOCSIS QAM signals, etc.) as desired”).
Regarding Claim 4, Rakib in view of Chang et al. further in view of Mohebbi et al. discloses all as applied to claim 1 above, where Rakib further teaches;
wherein the downstream primary signals are multiplexed using orthogonal frequency division multiplexing (OFDM) (Fig. 6-7, 11, 11A, Para. [0183]: “downstream data may further comprise… Orthogonal Frequency Division Multiplexing (OFDM) RF channels”. That is downstream data can be multiplexed using orthogonal frequency division multiplexing (OFDM)).
Regarding Claim 5 and 19, Rakib in view of Chang et al. further in view of Mohebbi et al. discloses all as applied to claim 2 and 18 above, where Rakib further teaches;
wherein the downstream primary signals and the upstream primary signals are modulated using quadrature amplitude modulation (QAM) (Para. [0067]: “the digital optical fiber node(s) or D-CMRTS/DOFN unit(s) there can also be one or more remodulator devices configured to accept the downstream digital QAM symbols that were transmitted over the optical fiber, and remodulate these QAM symbols into one or more downstream QAM symbol, again producing remodulated RF QAM waveforms and channels that essentially reproduce the original RF QAM channels.”) and multiplexed using orthogonal frequency division multiplexing (OFDM) (Fig. 6-7, 11, 11A, Para. [0183]: “downstream data may further comprise… Orthogonal Frequency Division Multiplexing (OFDM) RF channels”. That is downstream data can be multiplexed using orthogonal frequency division multiplexing (OFDM)).
Regarding Claim 7 and 21, Rakib in view of Chang et al. further in view of Mohebbi et al. discloses all as applied to claim 1 and 17 above, where Mohebbi et al. further teaches;
wherein the spread-spectrum modulated signals are chirp spread spectrum (CSS) modulated signals (Fig. 4, Para, [0040]: “LoRaWAN uses chirp spread spectrum modulation which is ideal for applications requiring low power usage and limited to relatively low data rates”).
Regarding Claim 8 and 22, Rakib in view of Chang et al. further in view of Mohebbi et al. discloses all as applied to claim 1 and 17 above, where Mohebbi et al. further teaches;
wherein the spread-spectrum modulated signals are generated in accordance with the LoRaWAN specification (Fig. 4, Para, [0040]: “LoRaWAN [specification] uses chirp spread spectrum modulation which is ideal for applications requiring low power usage and limited to relatively low data rates”).
Regarding Claim 9, Rakib in view of Chang et al. further in view of Mohebbi et al. discloses all as applied to claim 1 above, where Rakib further teaches;
wherein the physical communication medium includes coaxial cables (Para. [0338]: “Gainspeed EtherNodes/DOFN are right of the edge of the CATV coax cable plant, this layer is called the "outside plant", to distinguish from the various coaxial cable devices in the "inside cable plant"”. That is, the physical communication medium at least includes coaxial cables) and the plurality of network devices include radio frequency (RF) amplifiers (Fig. 8, Para. [0278]: Gainspeed EtherNodes/DOFN/“D-CMRTS (604)” includes a radio frequency “variable gain amplifier (VGA) units”).
Regarding Claim 10, Rakib in view of Chang et al. further in view of Mohebbi et al. discloses all as applied to claim 1 above, where Rakib further teaches;
wherein the network is a hybrid-fiber coaxial (HFC) network (Abstract, Fig. 6-8, 11, 11A: “system and method for hybrid fiber CATV (HFC) cable networks”) and the plurality of network devices include at least one node between a fiber portion of the HFC network and a coaxial cable portion of the HFC network (Fig. 8, 11: “D-CMRTS (604)”/ “Gainspeed EtherNodes/DOFN” includes one node 302 ) that’s between a fiber portion of the HFC network (Fig. 6-8: left of node/link 302) and a coaxial cable portion of the HFC network (Fig. 6-8, 11: right of node/link 302)).
Regarding Claim 11, Rakib in view of Chang et al. further in view of Mohebbi et al. discloses all as applied to claim 1 above, where Rakib further teaches;
wherein the network is a hybrid-fiber (HFC) network comprising a headend including the gateway device (Fig. 11: a virtual head end (1120) includes Gainspeed controller 1102/gateway), wherein the physical communication medium includes optical fiber and coaxial cables (Fig. 11: physical communication medium includes optical fiber 222 and coaxial/CATV cables 226), and wherein the plurality of network devices include at least one node between the optical fiber and the coaxial cables (Fig. 8, 11: “D-CMRTS (604)”/ “Gainspeed EtherNodes/DOFN” includes one node 302 ) that’s between the optical fiber 222 (Fig. 6-8, 11: left of node/link 302) and the coaxial cable 226 (Fig. 6-8, 11: right of node/link 302)) and includes RF amplifiers coupled to the coaxial cables (Fig. 8, Para. [0278]: Gainspeed EtherNodes/DOFN/“D-CMRTS (604)” includes a radio frequency “variable gain amplifier (VGA) units” that’s coupled to the coaxial cables 226).
Regarding Claim 12, Rakib in view of Chang et al. further in view of Mohebbi et al. discloses all as applied to claim 11 above, where Rakib further teaches;
wherein the HFC network is a CATV network (Abstract: “hybrid fiber CATV (HFC) cable networks”; Fig. 4C, 6-8, 11: elements right of “Gainspeed EtherNodes/DOFN” 1106, 300, 304 constitutes a CATV network), and wherein the downstream primary signals include video and IP data transmitted over a CATV downstream channel spectrum to subscriber devices coupled to the coaxial distribution network (Fig. 4C, Para .[0139]: [0169]: Downstream QAM channels include “video on demand, IP from the IP backbone” where “This data is compiled into a large number of different QAM (and at present also FDM) modulated CATV broadcast channels at (214)” and provided to subscriber devices/houses (208) in the CATV network).
Regarding Claim 14, Rakib in view of Chang et al. further in view of Mohebbi et al. discloses all as applied to claim 11 above, where Rakib further teaches;
wherein the at least one network device including the transponder is at least one of the RF amplifiers (Fig. 4C, 6, 8: network device 300a, 304 including the transponder 304 is at least one of the RF amplifiers 716, 718), and wherein establishing the bi-directional transmissions includes transmitting commands from the gateway device in the headend to the transponder in the at least one of the RF amplifiers (Fig. 11, 14, Para. [0280], [0284]: Gainspeed Controller 1102/gateway device in the head end 1120 often sends commands over the same optical fiber to VGA).
Regarding Claim 16, Rakib in view of Chang et al. further in view of Mohebbi et al. discloses all as applied to claim 1 above, where Chang et al. further teaches;
wherein the spread-spectrum modulated signals used for the bi-directional transmissions are positioned in frequency out-of-band relative to the downstream primary signals (Para. [0024]: “To avoid interference between the bidirectional traffic, downstream and upstream signals are assigned in different spectral bands [out-of-band]”. That is, the spread-spectrum modulated signals can be positioned in different spectral bands [out-of-band] relative to the Downstream data channels/bands).
Regarding Claim 23, Rakib in view of Chang et al. further in view of Mohebbi et al. discloses all as applied to claim 17 above, where Chang et al. further teaches;
wherein the transponder in the at least one of the plurality of network devices and the gateway transceiver in the gateway device are configured to position the spread-spectrum modulated signals in frequency out-of-band relative to the downstream primary signals (Para. [0024]: “To avoid interference between the bidirectional traffic, downstream and upstream signals are assigned in different spectral bands [out-of-band]”. That is, the spread-spectrum modulated signals can be positioned in different spectral bands [out-of-band] relative to the Downstream data channels/bands by the transponder 604 in the at least one of the plurality of network devices/D-CMRTS/DOFN and the gateway transceiver/Gainspeed controller 1102 and Hub/MX in the gateway device/Head end equipment 500/ “1120 “virtual head end”).
Regarding Claim 24, Rakib in view of Chang et al. further in view of Mohebbi et al. discloses all as applied to claim 17 above, where Chang et al. further teaches;
wherein the physical communication medium includes coaxial cables (Fig. 11, Para. [0338]: “Gainspeed EtherNodes/DOFN are right of the edge of the CATV coax cable plant, this layer is called the "outside plant", to distinguish from the various coaxial cable devices in the "inside cable plant"”. That is, the physical communication medium at least includes coaxial cables 226) in a hybrid-fiber coaxial (HFC) network (Abstract, Fig. 6-8, 11, 11A: “system and method for hybrid fiber CATV (HFC) cable networks”).
Claims 6 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Rakib (US 20150172072 A1 previously cited) in view of Chang et al. (US 20100316372 A1 previously cited) further in view of Mohebbi et al. (US 20180248983 A1 previously cited) still further in view of NAYYAR et al. (AU 2020102711 A4 previously cited).
Regarding Claim 6 and 20, Rakib in view of Chang et al. further in view of Mohebbi et al. discloses all as applied to claim 1 and 17 above, however they do not teach that the spread-spectrum modulated signals;
are modulated using Gaussian frequency shift keying (GFSK).
On the other hand, NAYYAR et al. teaches that spread spectrum signals:
are modulated using Gaussian frequency shift keying (GFSK) (page 12, 1st paragraph: “Lora SX1278 uses LoRa Spread Spectrum modulation technology while supporting multiple modulated modes such as…GFSK…”)
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention that the spread spectrum signals/data in Rakib in view of Chang et al. further in view of Mohebbi et al.’s invention can be modulated using Gaussian frequency shift keying (GFSK) as taught by NAYYAR et al. where doing so would (NAYYAR et al. page 12, 1st paragraph) provide “energy-saving.”
Allowable Subject Matter
Claim 25 is allowed.
The following is a statement of reasons for the indication of allowable subject matter: the prior arts of record, particularly Rakib (US 20150172072 A1), Chang et al. (US 20100316372 A1), Mohebbi et al. (US 20180248983 A1) and Brooks (US 20130279914 A1), when considered alone or in combination fails to fairly teach or suggest the limitations of:
“…wherein the plurality of network devices include at least one node between the optical fiber and the coaxial cables and includes RF amplifiers coupled to the coaxial cables, wherein at least one of the RF amplifiers includes a transponder..; and
establishing bi-directional transmissions between the transponder in the at least one of the RF amplifiers and a gateway device, wherein establishing the bi-direction transmissions includes transmitting RF amplifier data from the transponder in the at least one of the RF amplifiers to the gateway device…” when particularly considered in view of the other limitations as recited in claim 25.
Claims 13 and 15are 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
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Brooks (US 20130279914 A1) teaches (Abstract, Fig. 2, 3, 5, Para. [0085], [0129]) “…a hybrid fiber/coax network provides optical signals to an amplification and combination node, the signals which are converted to radio frequency (RF) signals and transmitted to a series of cascading amplification and combination apparatus.” “the amplification and combination apparatus 206 is able to provide an RF output comprised of (i) downstream RF (e.g., QAM/analog) signals received from the node 204 of FIG. 2, and (ii) downstream RF signals converted from optical signals received at the apparatus 206. The combined downstream signals are provided to devices/homes 208 directly in communication with the apparatus 206, as well as to the rest of the amplifier cascade. Additionally, the amplification and signal combination apparatus 206 provides upstream signals which have been filtered in order to avoid communication of signals intended only to be sent downstream.” “the amplifier/combiner nodes 206 may utilize an alternate spread spectrum access technique, such as direct sequence/CDMA.” “an exemplary amplifier device 500 having a TDD/TDMA transceiver 502 utilized within a home premises…the home amplifier device 500 generally comprises an interface 503 for transmitting and receiving communications from a network. The illustrated amplifier device is configured to filter the TDD signals before they enter the user device (CPE) used to amplify legacy signals (so as to mitigate interference from the new TDD transceiver transmitting within the receive bands of legacy devices), and also to prevent harmful signals from interfering with AGC control systems in legacy tuner circuitry.”
Sánchez et al. "Remote Monitoring of RF Amplifiers in HFC Networks: Voltage Drop Detection due to Power Blackouts," 2022 Congreso Internacional de Innovación y Tendencias en Ingeniería (CONIITI), Bogota, Colombia, 2022, pp. 1-6 (Year: 2022) teaches (Abstract, Fig. 1, 3, Section III. METHODS AND MATERIALS) “an electronic system for remote monitoring of RF amplifiers in an HFC network that detects voltage drops due to power outages and notifies an alarm to the technical support staff…the designed device efficiently detects the voltage drop and sends the alarm notification through a text message, contributing to improve response times to subscribers when this type of incident occurs.”
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/AMNEET SINGH/Examiner, Art Unit 2633 /SAM K AHN/Supervisory Patent Examiner, Art Unit 2633