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 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.
1. Claims 1-3, 7-12, 16, 17 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Rakib (US 2015/0172072) in view of Maxson et al (US 2009/0271836).
Regarding claim 1, Rakib discloses a method for communication with radio frequency (RF) amplifiers in a hybrid fiber-coaxial (HFC) network (Title: Virtual converged cable access platform for HFC cable networks.) including a headend, at least one node coupled to the headend with optical fiber, and a coaxial cable distribution network including coaxial cables and a plurality of RF amplifiers coupled to the coaxial cables (Paragraph 0176: the neighborhood CATV system and may also contain various active devices such as amplifiers to boost RF signals.), at least one of the RF amplifiers and/or the at least one node including a transponder and the headend including a gateway device (Figure 10: extended upstream gateway. Figure 10 shows the upstream and downstream data.), comprising:
transmitting downstream primary signals from the headend to the coaxial cable distribution network (Figures 5 and 6 shows the upstream data and downstream data.), wherein the downstream primary signals are amplified by the RF amplifiers (Paragraph 0176: the neighborhood CATV system and may also contain various active devices such as amplifiers to boost RF signals.); and
transmitting upstream primary signals to the headend from the coaxial cable distribution network (Figures 5 and 6 shows the upstream data and downstream data.), wherein the upstream primary signals are amplified by the RF amplifiers (Paragraph 0176: the neighborhood CATV system and may also contain various active devices such as amplifiers to boost RF signals.).
Rakib discloses establishing bi-directional transmissions between at least one of the transponders and the gateway device for transmitting signals. Rakib does not disclose establishing bi-directional transmissions between at least one of the transponders and the gateway device for transmitting downstream control signals from the gateway device to the at least one of the transponders and/or for transmitting upstream data signals from the at least one of the transponders to the gateway device, wherein the bi-directional transmissions use spread-spectrum modulated signals on the coaxial cables together with the downstream and upstream primary signals, wherein the spread-spectrum modulated signals used for the bi-directional transmissions have a lower data rate and less power than the downstream and upstream primary signals and are positioned in frequency relative to the downstream and upstream primary signals such that the bi-directional transmissions occur without detectable interference with the downstream and upstream primary signals.
Maxson discloses a CATV network with direct sequence spread spectrum signals as stated in the abstract. Maxson discloses the present invention relates to the injection of a plurality of direct sequence spread spectrum (DSSS) signals as test signals, defined by a plurality of different center wavelengths, into a cable television network with a handheld testing device at the headend 5 and measuring the power levels of the test signals with receivers at one or more locations 7 throughout the CATV network as stated in paragraph 0022. The injected DSSS test signals are transmitted as such low power, relative to the active services, e.g., cable channels, that the performance impact on the cablevision traffic is negligible (paragraph 0022). Paragraph 0023 discloses testing in the forward path. Paragraph 0024 discloses testing in the return path. Figures 6, 7 and 8 show the test signals relative to the signal traffic.
Maxson discloses establishing bi-directional transmissions between the headend and the other locations for transmitting downstream control signals from the gateway device to the at least one of the transponders and/or for transmitting upstream data signals from the at least one of the transponders to the gateway device, wherein the bi-directional transmissions use spread-spectrum modulated signals on the coaxial cables together with the downstream and upstream primary signals (paragraph 0022: the present invention relates to the injection of a plurality of direct sequence spread spectrum (DSSS) signals as test signals, defined by a plurality of different center wavelengths, into a cable television network with a handheld testing device at the headend 5 and measuring the power levels of the test signals with receivers at one or more locations 7 throughout the CATV network. Paragraph 0023 discloses testing in the forward path. Paragraph 0024 discloses testing in the return path. These are the two directions of the bidirectional communication.), wherein the spread-spectrum modulated signals used for the bi-directional transmissions have a lower data rate and less power than the downstream and upstream primary signals and are positioned in frequency relative to the downstream and upstream primary signals such that the bi-directional transmissions occur without detectable interference with the downstream and upstream primary signals (Paragraph 0022: The injected DSSS test signals are transmitted as such low power, relative to the active services, e.g., cable channels, that the performance impact on the cablevision traffic is negligible. Paragraphs 0023 and 0024 discloses the data rate of the DSSS signal is swept through a predetermined range of data rates corresponding to the frequency range being tested. That range will include higher and lower data rates. Figures 6, 7 and 8 show the test signals relative to the signal traffic.).
Maxson discloses the present invention relates to testing cable television (CATV networks and using spread spectrum signals in a fully loaded upstream or downstream CATV network to measure frequency response without disrupting active services in paragraph 0002. For these reasons, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of Maxson into the method, system and apparatus of Rakib.
Regarding claim 2, the combination discloses wherein the HFC network is 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 (Rakib: Virtual converged cable access platform for HFC cable networks. Paragraph 0176: the neighborhood CATV system and may also contain various active devices such as amplifiers to boost RF signals. Maxson: paragraph 0002: CATV networks and using spread spectrum signals in a fully loaded upstream or downstream CATV network to measure frequency response without disrupting active services.).
Regarding claim 3, the combination discloses wherein the downstream primary signals and the upstream primary signals are modulated using quadrature amplitude modulation (QAM) and multiplexed using orthogonal frequency division multiplexing (OFDM) (Rakib: paragraph 0083: This digitization can be done by various means or by for example demodulating various QAM or OFDM waveforms, determining the underlying QAM or OFDM symbols used to generate the QAM or OFDM waveforms and digitally sending the results. Maxson: 0032: the native QAM signal.).
Regarding claims 7-10, the combination discloses the downstream amplifier control signals and the upstream amplifier control signals are located between channels used for the downstream/upstream primary signals and located below a lowest channel for the downstream/upstream primary signals (Maxson: figures 6, 7, 8: the DSSS signals are shown relative to the traffic signals. The DSSS signals are below the lowest traffic signal and between the traffic signals as shown.).
Regarding claim 11, Rakib discloses a system for bi-directional communication with network devices in a hybrid fiber-coaxial (HFC) network (Title: Virtual converged cable access platform for HFC cable networks.) including a coaxial cable distribution network that provides downstream and upstream primary signals between a headend and subscriber devices, the network devices including at least one node coupled to the headend with optical fiber and coupled to the coaxial cable distribution network (Title: Virtual converged cable access platform for HFC cable networks.) and including RF amplifiers coupled to the coaxial distribution network to amplify the downstream and upstream primary signals (Paragraph 0176: the neighborhood CATV system and may also contain various active devices such as amplifiers to boost RF signals.), the system comprising:
a headend gateway device located in a headend of the HFC network, the headend gateway device including: a host computer configured to be coupled via a data network to at least one application server; a gateway processor coupled to the host computer (Figure 10: extended upstream gateway. Figure 10 shows the upstream and downstream data. Paragraphs 0149, 0272, 0286 and 0319 disclose the computer and processor coupled to the network to carry out the functions of the devices.); and
a plurality of gateway transceivers coupled to the gateway processor and configured to transmit downstream signals and to receive upstream data signals (Figures 5 and 6 shows the upstream data and downstream data. Paragraph 0176: the neighborhood CATV system and may also contain various active devices such as amplifiers to boost RF signals.),
Rakib discloses establishing bi-directional transmissions between at least one of the transponders and the gateway device for transmitting signals. Rakib does not disclose a plurality of gateway transceivers coupled to the gateway processor and configured to transmit downstream control signals and to receive upstream data signals, wherein the downstream control signals and the upstream data signals are spread-spectrum modulated signals capable of being carried on the coaxial cable distribution network together with the downstream and upstream primary signals, wherein the spread-spectrum modulated signals used for the downstream and upstream amplifier signals have a lower data rate and less power than the downstream and upstream primary signals and are positioned in frequency relative to the downstream and upstream primary signals such that the bi-directional transmission occurs without detectable interference with the downstream and upstream primary signals; and at least one transponder located in at least one of the RF amplifiers and/or in the at least one node, each of the at least one transponder including RF transceiver circuitry configured to transmit the upstream data signals and to receive the downstream control signals using the spread-spectrum modulated signals over coaxial cables in the coaxial cable distribution network.
Maxson discloses a CATV network with direct sequence spread spectrum signals as stated in the abstract. Maxson discloses the present invention relates to the injection of a plurality of direct sequence spread spectrum (DSSS) signals as test signals, defined by a plurality of different center wavelengths, into a cable television network with a handheld testing device at the headend 5 and measuring the power levels of the test signals with receivers at one or more locations 7 throughout the CATV network as stated in paragraph 0022. The injected DSSS test signals are transmitted as such low power, relative to the active services, e.g., cable channels, that the performance impact on the cablevision traffic is negligible (paragraph 0022). Paragraph 0023 discloses testing in the forward path. Paragraph 0024 discloses testing in the return path. Figures 6, 7 and 8 show the test signals relative to the signal traffic.
Maxson discloses a system to transmit downstream control signals and to receive upstream data signals, wherein the downstream control signals and the upstream data signals are spread-spectrum modulated signals capable of being carried on the coaxial cable distribution network together with the downstream and upstream primary signals (paragraph 0022: the present invention relates to the injection of a plurality of direct sequence spread spectrum (DSSS) signals as test signals, defined by a plurality of different center wavelengths, into a cable television network with a handheld testing device at the headend 5 and measuring the power levels of the test signals with receivers at one or more locations 7 throughout the CATV network. Paragraph 0023 discloses testing in the forward path. Paragraph 0024 discloses testing in the return path. These are the two directions of the bidirectional communication.), wherein the spread-spectrum modulated signals used for the downstream and upstream amplifier signals have a lower data rate and less power than the downstream and upstream primary signals and are positioned in frequency relative to the downstream and upstream primary signals such that the bi-directional transmission occurs without detectable interference with the downstream and upstream primary signals (Paragraph 0022: The injected DSSS test signals are transmitted as such low power, relative to the active services, e.g., cable channels, that the performance impact on the cablevision traffic is negligible. Paragraphs 0023 and 0024 discloses the data rate of the DSSS signal is swept through a predetermined range of data rates corresponding to the frequency range being tested. That range will include higher and lower data rates. Figures 6, 7 and 8 show the test signals relative to the signal traffic.) ; and at least one transponder located in at least one of the RF amplifiers and/or in the at least one node, each of the at least one transponder including RF transceiver circuitry configured to transmit the upstream data signals and to receive the downstream control signals using the spread-spectrum modulated signals over coaxial cables in the coaxial cable distribution network (Paragraph 0023 discloses testing in the forward path. Paragraph 0024 discloses testing in the return path. Figures 6, 7 and 8 show the test signals relative to the signal traffic.).
Maxson discloses the present invention relates to testing cable television (CATV networks and using spread spectrum signals in a fully loaded upstream or downstream CATV network to measure frequency response without disrupting active services in paragraph 0002. For these reasons, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of Maxson into the method, system and apparatus of Rakib.
Regarding claim 12, the combination discloses wherein the downstream primary signals and the upstream primary signals are modulated using quadrature amplitude modulation (QAM) and multiplexed using orthogonal frequency division multiplexing (OFDM) (Rakib: paragraph 0083: This digitization can be done by various means or by for example demodulating various QAM or OFDM waveforms, determining the underlying QAM or OFDM symbols used to generate the QAM or OFDM waveforms and digitally sending the results. Maxson: 0032: the native QAM signal.).
Regarding claim 16, the combination discloses wherein the HFC network is 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 (Rakib: Virtual converged cable access platform for HFC cable networks. Paragraph 0176: the neighborhood CATV system and may also contain various active devices such as amplifiers to boost RF signals. Maxson: paragraph 0002: CATV networks and using spread spectrum signals in a fully loaded upstream or downstream CATV network to measure frequency response without disrupting active services.).
Regarding claim 17, Rakib discloses an RF amplifier (Paragraph 0176: the neighborhood CATV system and may also contain various active devices such as amplifiers to boost RF signals.) for use in a hybrid fiber-coaxial (HFC) network including a coaxial cable distribution network (Title: Virtual converged cable access platform for HFC cable networks.), the RF amplifier comprising:
coaxial cable ports configured to be coupled to coaxial cables carrying a downstream primary signal and an upstream primary signal (Figures 5 and 6 shows the upstream data and downstream data.);
amplifier circuitry configured to receive, condition and amplify the downstream primary signal and the upstream primary signal (Paragraph 0176: the neighborhood CATV system and may also contain various active devices such as amplifiers to boost RF signals.);
a microcontroller coupled to at least the amplifier circuitry and configured to configure and/or control operation of at least the amplifier circuitry (Paragraphs 0149, 0272, 0286 and 0319 disclose the computer and processor coupled to the network to carry out the functions of the devices.); and
an amplifier transponder coupled to the microcontroller and coupled to the coaxial cable ports (Paragraph 0176: the neighborhood CATV system and may also contain various active devices such as amplifiers to boost RF signals.), the transponder being configured to receive downstream amplifier signals and to transmit upstream amplifier data signals (Figures 5 and 6 shows the upstream data and downstream data.).
Rakib discloses establishing bi-directional transmissions. Rakib does not disclose the transponder being configured to receive downstream amplifier control signals and to transmit upstream amplifier data signals, wherein the downstream amplifier control signals and the upstream amplifier data signals are spread-spectrum modulated signals capable of being carried on the coaxial cable distribution network together with the downstream and upstream primary signals, wherein the spread-spectrum modulated signals used for the downstream and upstream amplifier signals have a lower data rate and less power than the downstream and upstream primary signals and are positioned in frequency relative to the downstream and upstream primary signals such that bi-directional transmission of the upstream and downstream amplifier signals occurs without detectable interference with the downstream and upstream primary signals.
Maxson discloses a CATV network with direct sequence spread spectrum signals as stated in the abstract. Maxson discloses the present invention relates to the injection of a plurality of direct sequence spread spectrum (DSSS) signals as test signals, defined by a plurality of different center wavelengths, into a cable television network with a handheld testing device at the headend 5 and measuring the power levels of the test signals with receivers at one or more locations 7 throughout the CATV network as stated in paragraph 0022. The injected DSSS test signals are transmitted as such low power, relative to the active services, e.g., cable channels, that the performance impact on the cablevision traffic is negligible (paragraph 0022). Paragraph 0023 discloses testing in the forward path. Paragraph 0024 discloses testing in the return path. Figures 6, 7 and 8 show the test signals relative to the signal traffic.
Maxson discloses the transponder being configured to receive downstream amplifier control signals and to transmit upstream amplifier data signals, wherein the downstream amplifier control signals and the upstream amplifier data signals are spread-spectrum modulated signals capable of being carried on the coaxial cable distribution network together with the downstream and upstream primary signals (paragraph 0022: the present invention relates to the injection of a plurality of direct sequence spread spectrum (DSSS) signals as test signals, defined by a plurality of different center wavelengths, into a cable television network with a handheld testing device at the headend 5 and measuring the power levels of the test signals with receivers at one or more locations 7 throughout the CATV network. Paragraph 0023 discloses testing in the forward path. Paragraph 0024 discloses testing in the return path. These are the two directions of the bidirectional communication.), wherein the spread-spectrum modulated signals used for the downstream and upstream amplifier signals have a lower data rate and less power than the downstream and upstream primary signals and are positioned in frequency relative to the downstream and upstream primary signals such that bi-directional transmission of the upstream and downstream amplifier signals occurs without detectable interference with the downstream and upstream primary signals (Paragraph 0022: The injected DSSS test signals are transmitted as such low power, relative to the active services, e.g., cable channels, that the performance impact on the cablevision traffic is negligible. Paragraphs 0023 and 0024 discloses the data rate of the DSSS signal is swept through a predetermined range of data rates corresponding to the frequency range being tested. That range will include higher and lower data rates. Figures 6, 7 and 8 show the test signals relative to the signal traffic.).
Maxson discloses the present invention relates to testing cable television (CATV networks and using spread spectrum signals in a fully loaded upstream or downstream CATV network to measure frequency response without disrupting active services in paragraph 0002. For these reasons, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of Maxson into the method, system and apparatus of Rakib.
Regarding claim 20, Rakib discloses a headend gateway device (Figure 10: extended upstream gateway. Figure 10 shows the upstream and downstream data.) for use in a headend of a hybrid fiber-coaxial (HFC) network including a coaxial cable distribution network (Title: Virtual converged cable access platform for HFC cable networks.), the headend gateway device comprising: a host computer configured to be coupled via ethernet to at least one application server (Figure 10: extended upstream gateway. Figure 10 shows the upstream and downstream data. Paragraphs 0149, 0272, 0286 and 0319 disclose the computer and processor coupled to the network to carry out the functions of the devices. Figure 6 shows the coupling of the IP backbone to the system.); a gateway processor coupled to the host computer (Figure 10: extended upstream gateway. Figure 10 shows the upstream and downstream data. Paragraphs 0149, 0272, 0286 and 0319 disclose the computer and processor coupled to the network to carry out the functions of the devices.); and a plurality of gateway transceivers coupled to the gateway processor and configured to transmit downstream signals and to receive upstream data signals (Figures 5 and 6 show the upstream and downstream data.).
Rakib discloses establishing bi-directional transmissions between at least one of the transponders and the gateway device for transmitting signals. Rakib does not disclose a plurality of gateway transceivers coupled to the gateway processor and configured to transmit downstream control signals and to receive upstream data signals, wherein the downstream control signals and the upstream data signals are spread-spectrum modulated signals capable of being carried on the coaxial cable distribution network together with the downstream and upstream primary signals, wherein the spread-spectrum modulated signals have a lower data rate and less power than the downstream and upstream primary signals and are positioned in frequency relative to the downstream and upstream primary signals such that bi-directional transmission of the spread-spectrum signals occurs without detectable interference with the downstream and upstream primary signals.
Maxson discloses a CATV network with direct sequence spread spectrum signals as stated in the abstract. Maxson discloses the present invention relates to the injection of a plurality of direct sequence spread spectrum (DSSS) signals as test signals, defined by a plurality of different center wavelengths, into a cable television network with a handheld testing device at the headend 5 and measuring the power levels of the test signals with receivers at one or more locations 7 throughout the CATV network as stated in paragraph 0022. The injected DSSS test signals are transmitted as such low power, relative to the active services, e.g., cable channels, that the performance impact on the cablevision traffic is negligible (paragraph 0022). Paragraph 0023 discloses testing in the forward path. Paragraph 0024 discloses testing in the return path. Figures 6, 7 and 8 show the test signals relative to the signal traffic.
Maxson discloses a plurality of transceivers coupled to a processor and configured to transmit downstream control signals and to receive upstream data signals, wherein the downstream control signals and the upstream data signals are spread-spectrum modulated signals capable of being carried on the coaxial cable distribution network together with the downstream and upstream primary signals (paragraph 0022: the present invention relates to the injection of a plurality of direct sequence spread spectrum (DSSS) signals as test signals, defined by a plurality of different center wavelengths, into a cable television network with a handheld testing device at the headend 5 and measuring the power levels of the test signals with receivers at one or more locations 7 throughout the CATV network. Paragraph 0023 discloses testing in the forward path. Paragraph 0024 discloses testing in the return path. These are the two directions of the bidirectional communication.), wherein the spread-spectrum modulated signals have a lower data rate and less power than the downstream and upstream primary signals and are positioned in frequency relative to the downstream and upstream primary signals such that bi-directional transmission of the spread-spectrum signals occurs without detectable interference with the downstream and upstream primary signals (Paragraph 0022: The injected DSSS test signals are transmitted as such low power, relative to the active services, e.g., cable channels, that the performance impact on the cablevision traffic is negligible. Paragraphs 0023 and 0024 discloses the data rate of the DSSS signal is swept through a predetermined range of data rates corresponding to the frequency range being tested. That range will include higher and lower data rates. Figures 6, 7 and 8 show the test signals relative to the signal traffic.).
Maxson discloses the present invention relates to testing cable television (CATV networks and using spread spectrum signals in a fully loaded upstream or downstream CATV network to measure frequency response without disrupting active services in paragraph 0002. For these reasons, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of Maxson into the method, system and apparatus of Rakib.
2. Claims 4-6, 13-15, 18 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Rakib (US 2015/0172072) in view of Maxson et al (US 2009/0271836) further in view of Woytowitz (US 2021/0360884).
Regarding claims 4 and 13, the combination discloses the method and system stated above. The combination discloses the DSSS signals are modulated using CDMA (Maxson: abstract, paragraph 0030: DSSS signals, of which code division multiple access (CDMA) signals are a subset.). The combination does not disclose wherein the spread-spectrum modulated signals are modulated using Gaussian frequency shift keying (GFSK).
Woytowitz discloses a method and system where the wireless links utilize a LoRa transceiver employing spread spectrum modulation based on chirp spread spectrum (CSS) technology (paragraph 0077). The use of a LoRa transceiver will represent the use of a LoRa wide area network in that the transceiver will be but one component in a larger system/network. Paragraph 0077 further discloses this is a wideband radio system and is more robust to noise and in-band interference. CSS is somewhat resistant to multi-path fading, Doppler effects and nearby interference. Paragraph 0078 discloses on occasions where higher data rates may be used, other modulation systems may be used such as GFSK (Gaussian Frequency Shift Keying). For the reasons stated above, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of Woytowitz into the method, system, apparatus and device of the combination of Rakib and Maxson.
Regarding claims 5 and 14, the combination of Rakib and Maxson discloses the method and system stated above. The combination discloses the DSSS signals are modulated using CDMA (Maxson: abstract, paragraph 0030: DSSS signals, of which code division multiple access (CDMA) signals are a subset.). The combination does not disclose wherein the spread-spectrum modulated signals are chirp spread spectrum (CSS) modulated signals.
Woytowitz discloses a method and system where the wireless links utilize a LoRa transceiver employing spread spectrum modulation based on chirp spread spectrum (CSS) technology (paragraph 0077). The use of a LoRa transceiver will represent the use of a LoRa wide area network in that the transceiver will be but one component in a larger system. Paragraph 0077 further discloses this is a wideband radio system and is more robust to noise and in-band interference. CSS is somewhat resistant to multi-path fading, Doppler effects and nearby interference. Paragraph 0078 discloses on occasions where higher data rates may be used, other modulation systems may be used such as GFSK (Gaussian Frequency Shift Keying). For the reasons stated above, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of Woytowitz into the method, system, apparatus and device of the combination of Rakib and Maxson.
Regarding claims 6, 15, 18 and 21, the combination discloses the method and system stated above. The combination discloses the DSSS signals are modulated using CDMA (Maxson: abstract, paragraph 0030: DSSS signals, of which code division multiple access (CDMA) signals are a subset.). The combination does not disclose wherein the spread-spectrum modulated signals are generated in accordance with the LoRaWAN specification.
Woytowitz discloses a method and system where the wireless links utilize a LoRa transceiver employing spread spectrum modulation based on chirp spread spectrum (CSS) technology (paragraph 0077). The use of a LoRa transceiver will represent the use of a LoRa wide area network in that the transceiver will be but one component in a larger system/network. Paragraph 0077 further discloses this is a wideband radio system and is more robust to noise and in-band interference. CSS is somewhat resistant to multi-path fading, Doppler effects and nearby interference. Paragraph 0078 discloses on occasions where higher data rates may be used, other modulation systems may be used such as GFSK (Gaussian Frequency Shift Keying). For the reasons stated above, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of Woytowitz into the method, system, apparatus and device of the combination of Rakib and Maxson.
3. Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Rakib (US 2015/0172072) in view of Maxson et al (US 2009/0271836) further in view of Williams et al (US 2024/0214008).
Regarding claim 19, the combination of Rakib and Maxson discloses the apparatus stated above. The combination does not disclose wherein the amplifier circuitry comprises: at least first and second diplex filters coupled to the coaxial cable ports to separate the downstream primary signals and the upstream signals; and at least forward and reverse gain stages coupled to the diplex filters to amplifier the downstream primary signals and the upstream primary signals, respectively.
Williams discloses the two way amplifier circuit shown in figure 1. The two way amplifier circuit 100 includes a first port 102, a second port 104, a first fixed diplexer filter 106 a second diplexer filter 108, forward automatic gain control (AGC)/automatic level and slop control (ALSC) circuit 114, a bridge amplifier block 118, a third diplexer 120 and a combiner 121 coupled together as shown as stated in paragraph 0027. The forward path and the return path is shown in the amplifier in figure 1. Therefore, Williams discloses amplifier circuitry (Figure 1) comprises: at least first and second diplex filters coupled to the coaxial cable ports to separate the downstream primary signals and the upstream signals (Paragraph 0027: The two way amplifier circuit 100 includes a first port 102, a second port 104, a first fixed diplexer filter 106 a second diplexer filter 108.); and at least forward and reverse gain stages coupled to the diplex filters to amplifier the downstream primary signals and the upstream primary signals, respectively (Figure 1: forward and return paths. Forward AGC stage 114 and amplifier 134 are gain stages coupled to the diplex filters to amplify the forward and return signals.). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the amplifier of Williams into the apparatus of Rakib and Maxson. Williams discloses fixed diplex filters on the input and output of legacy amplifiers are used to separate and recombine RF signals to enable separate and simultaneous processing and amplification of forward and return signals without both sets of signals interfering with each other in paragraph 0027.
4 Claim 22 is rejected under 35 U.S.C. 103 as being unpatentable over Rakib (US 2015/0172072) in view of Maxson et al (US 2009/0271836) further in view of Hamzeh et al (US 2019/0356532).
Regarding claim 22, the combination of Rakib and Maxson discloses the device stated above. The combination does not disclose the computer is configured to interface with a proactive network maintenance (PNM) system.
Hamzeh discloses methods, system and devices for network maintenance as stated in the abstract. Paragraph 0041 discloses network devices within the communication system may supply proactive network maintenance (PNM) data to a PNM database. The PNM data may include data collected by the network device related to an operation of the network device. The PNM data may be utilized to determine an operation predicted to increase the performance of the network device. In some cases, utilizing the PNM data to determine operations predicted to increase the performance of the network device may decrease the cost of supporting the network device. The PNM data may also increase the performance of the network device by using a machine learning engine. For these reasons, it would have been obvious for one of ordinary skill in the art to utilize the teaching of Hamzeh, for the device to supply PNM data to decrease cost and increase performance, in the device of the combination of Rakib and Maxson.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
5. Claims 1-6 and 11-16 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 2, 5-8, 11 and 12 of copending Application No. 18/437,594 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because the reference includes further details that are not required by the instant claims.
Regarding claims 1 and 11, the reference discloses a method of communication of transmitting at least downstream primary signals of the medium and the gateway device in claim 1. Claim 2 discloses transmitting upstream primary signals over the medium. Claims 1 and 2 discloses the bi directional communication use spread spectrum communication that have a lower data rate and less power than the primary signals without detectable interference. Claims 1 and 2 discloses the components of the system for carrying out the steps of the method. Claim 11 of the reference disclose the network is a hybrid fiber coaxial network including optical fiber and coaxial cables wherein the network devices comprise RF amplifiers.
Regarding claims 2, 16, claim 12 of the reference discloses the limitation of the claim.
Regarding claims 3, 12, claim 5 of the reference discloses the limitations of the claim.
Regarding claims 4, 13, claim 6 of the reference discloses the limitations of the claim.
Regarding claims 5, 14, claim 7 of the reference discloses the limitations of the claim.
Regarding claims 6, 15, claim 8 of the reference discloses the limitations of the claim.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
6. Claims 7-10 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 2, 5-8, 11 and 12 of copending Application No. 18/437,594 (reference application) in view of Maxson et al (US 2009/0271836). Although the claims at issue are not identical, they are not patentably distinct from each other because the reference includes further details that are not required by the instant claims.
Regarding claims 7-10, the reference discloses the method as stated above. The reference does not disclose the downstream amplifier control signals and the upstream amplifier control signals are located between channels used for the downstream/upstream primary signals and located below a lowest channel for the downstream/upstream primary signals.
Maxson discloses a CATV network with direct sequence spread spectrum signals as stated in the abstract. Maxson discloses the present invention relates to the injection of a plurality of direct sequence spread spectrum (DSSS) signals as test signals, defined by a plurality of different center wavelengths, into a cable television network with a handheld testing device at the headend 5 and measuring the power levels of the test signals with receivers at one or more locations 7 throughout the CATV network as stated in paragraph 0022. The injected DSSS test signals are transmitted as such low power, relative to the active services, e.g., cable channels, that the performance impact on the cablevision traffic is negligible (paragraph 0022). Paragraph 0023 discloses testing in the forward path. Paragraph 0024 discloses testing in the return path. Figures 6, 7 and 8 show the test signals relative to the signal traffic. Maxson discloses the DSSS signals are shown relative to the traffic signals in figures 6, 7, 8. The DSSS signals are below the lowest traffic signal and between the traffic signals as shown.
Maxson discloses the present invention relates to testing cable television (CATV networks and using spread spectrum signals in a fully loaded upstream or downstream CATV network to measure frequency response without disrupting active services in paragraph 0002. For these reasons, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of Maxson into the method, system and apparatus of the reference.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
7. Claims 17-18 and 20-21 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 2, 5-8, 11 and 12 of copending Application No. 18/437,594 (reference application) in view of Rakib (US 2015/0172072). Although the claims at issue are not identical, they are not patentably distinct from each other because the reference includes further details that are not required by the instant claims.
Regarding claim 17, the reference discloses a system of communication of receiving at least downstream primary signals of the medium and the gateway device in claim 17. Claim 18 discloses transmitting upstream primary signals over the medium. Claims 17 and 18 discloses the bi directional communication use spread spectrum communication that have a lower data rate and less power than the primary signals without detectable interference. Claim 24 of the reference disclose the network is a hybrid fiber coaxial network. The reference does not disclose the RF amplifier, amplifier circuitry and the microcontroller in the RF amplifier.
Rakib discloses an RF amplifier (Paragraph 0176: the neighborhood CATV system and may also contain various active devices such as amplifiers to boost RF signals.) for use in a hybrid fiber-coaxial (HFC) network including a coaxial cable distribution network (Title: Virtual converged cable access platform for HFC cable networks.), the RF amplifier comprising:
coaxial cable ports configured to be coupled to coaxial cables carrying a downstream primary signal and an upstream primary signal (Figures 5 and 6 shows the upstream data and downstream data.);
amplifier circuitry configured to receive, condition and amplify the downstream primary signal and the upstream primary signal (Paragraph 0176: the neighborhood CATV system and may also contain various active devices such as amplifiers to boost RF signals.);
a microcontroller coupled to at least the amplifier circuitry and configured to configure and/or control operation of at least the amplifier circuitry (Paragraphs 0149, 0272, 0286 and 0319 disclose the computer and processor coupled to the network to carry out the functions of the devices.); and
an amplifier transponder coupled to the microcontroller and coupled to the coaxial cable ports (Paragraph 0176: the neighborhood CATV system and may also contain various active devices such as amplifiers to boost RF signals.), the transponder being configured to receive downstream amplifier signals and to transmit upstream amplifier data signals (Figures 5 and 6 shows the upstream data and downstream data.).
Rakib discloses components of a HFC network. It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to combine the components of the HFC network as taught by Rakib into the system of the reference. Using well known components in a network will reduce the cost and complexity of the network, improving the efficiency of the system.
Regarding claim 18, claim 22 of the reference disclose the limitations of the claim.
Regarding claim 20, the reference discloses a method of communication of transmitting at least downstream primary signals of the medium and the gateway device in claim 1. Claim 2 discloses transmitting upstream primary signals over the medium. Claims 1 and 2 discloses the bi directional communication use spread spectrum communication that have a lower data rate and less power than the primary signals without detectable interference. Claims 1 and 2 discloses the components of the system for carrying out the steps of the method. Claim 11 of the reference disclose the network is a hybrid fiber coaxial network including optical fiber and coaxial cables. The reference does not disclose the headend gateway device comprises a host computer, a gateway processor and the transceivers coupled to the processor.
Rakib discloses a headend gateway device (Figure 10: extended upstream gateway. Figure 10 shows the upstream and downstream data.) for use in a headend of a hybrid fiber-coaxial (HFC) network including a coaxial cable distribution network (Title: Virtual converged cable access platform for HFC cable networks.), the headend gateway device comprising: a host computer configured to be coupled via ethernet to at least one application server (Figure 10: extended upstream gateway. Figure 10 shows the upstream and downstream data. Paragraphs 0149, 0272, 0286 and 0319 disclose the computer and processor coupled to the network to carry out the functions of the devices. Figure 6 shows the coupling of the IP backbone to the system.); a gateway processor coupled to the host computer (Figure 10: extended upstream gateway. Figure 10 shows the upstream and downstream data. Paragraphs 0149, 0272, 0286 and 0319 disclose the computer and processor coupled to the network to carry out the functions of the devices.); and a plurality of gateway transceivers coupled to the gateway processor and configured to transmit downstream signals and to receive upstream data signals (Figures 5 and 6 show the upstream and downstream data.).
Rakib discloses components of a HFC network. It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to combine the components of the HFC network as taught by Rakib into the system of the reference. Using well known components in a network will reduce the cost and complexity of the network, improving the efficiency of the system.
Regarding claim 21, claim 8 of the reference disclose the limitations of the claim.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
8. Claim 19 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 2, 5-8, 11 and 12 of copending Application No. 18/437,594 (reference application) in view of Rakib (US 2015/0172072) further in view of Williams et al (US 2024/0214008). Although the claims at issue are not identical, they are not patentably distinct from each other because the reference includes further details that are not required by the instant claims.
Regarding claim 19, the combination of the reference and Rakib discloses the apparatus stated above. The combination does not disclose wherein the amplifier circuitry comprises: at least first and second diplex filters coupled to the coaxial cable ports to separate the downstream primary signals and the upstream signals; and at least forward and reverse gain stages coupled to the diplex filters to amplifier the downstream primary signals and the upstream primary signals, respectively.
Williams discloses the two way amplifier circuit shown in figure 1. The two way amplifier circuit 100 includes a first port 102, a second port 104, a first fixed diplexer filter 106 a second diplexer filter 108, forward automatic gain control (AGC)/automatic level and slop control (ALSC) circuit 114, a bridge amplifier block 118, a third diplexer 120 and a combiner 121 coupled together as shown as stated in paragraph 0027. The forward path and the return path is shown in the amplifier in figure 1. Therefore, Williams discloses amplifier circuitry (Figure 1) comprises: at least first and second diplex filters coupled to the coaxial cable ports to separate the downstream primary signals and the upstream signals (Paragraph 0027: The two way amplifier circuit 100 includes a first port 102, a second port 104, a first fixed diplexer filter 106 a second diplexer filter 108.); and at least forward and reverse gain stages coupled to the diplex filters to amplifier the downstream primary signals and the upstream primary signals, respectively (Figure 1: forward and return paths. Forward AGC stage 114 and amplifier 134 are gain stages coupled to the diplex filters to amplify the forward and return signals.). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the amplifier of Williams into the apparatus of the reference and Rakib. Williams discloses fixed diplex filters on the input and output of legacy amplifiers are used to separate and recombine RF signals to enable separate and simultaneous processing and amplification of forward and return signals without both sets of signals interfering with each other in paragraph 0027.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
9. Claim 22 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 2, 5-8, 11 and 12 of copending Application No. 18/437,594 (reference application) in view of Rakib (US 2015/0172072) further in view of Hamzeh et al (US 2019/0356532). Although the claims at issue are not identical, they are not patentably distinct from each other because the reference includes further details that are not required by the instant claims.
Regarding claim 22, the combination of the reference and Rakib discloses the device stated above. The combination does not disclose the computer is configured to interface with a proactive network maintenance (PNM) system.
Hamzeh discloses methods, system and devices for network maintenance as stated in the abstract. Paragraph 0041 discloses network devices within the communication system may supply proactive network maintenance (PNM) data to a PNM database. The PNM data may include data collected by the network device related to an operation of the network device. The PNM data may be utilized to determine an operation predicted to increase the performance of the network device. In some cases, utilizing the PNM data to determine operations predicted to increase the performance of the network device may decrease the cost of supporting the network device. The PNM data may also increase the performance of the network device by using a machine learning engine. For these reasons, it would have been obvious for one of ordinary skill in the art to utilize the teaching of Hamzeh, for the device to supply PNM data to decrease cost and increase performance, in the device of the combination the reference and Rakib.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
10. Claims 1-16 and 20-21 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 4-13 and 20 of copending Application No. 18/792,054 (reference application) in view of Yeung et al (US 2024/0214820). Although the claims at issue are not identical, they are not patentably distinct from each other because the reference includes further details that are not required by the instant claims.
Regarding claims 1 and 11, claim 1 of the reference discloses the features of the claim. The reference discloses the bi-directional communication is between the transponders and a portable network communication device not between transponders and the gateway as recited in claim 1.
Yeung discloses the communication system shown in figure 1A. The system comprise a portable gateway 103. The abstract discloses further information regarding the portable gateway.
It would have been obvious for one of ordinary skill in the art before the effective date of the invention to combine the use of a portable gateway as taught by Yeung into the communication system and method of the reference. The reference use a portable network communication device but doesn’t state the portable device is a portable gateway. By using a portable gateway, the functionality and capability of the system can be expanded and improved, making the system more effective.
Regarding claims 2 and 16, claim 4 of the reference discloses the limitations of the claim.
Regarding claims 3 and 12, claim 5 of the reference discloses the limitations of
the claim.
Regarding claims 4 and 13, claim 6 of the reference discloses the limitations of the claim.
Regarding claims 5 and 14, claim 7 of the reference discloses the limitations of the claim.
Regarding claims 6 and 15, claim 8 of the reference discloses the limitations of the claim.
Regarding claim 7, claim 9 of the reference discloses the limitations of the claim.
Regarding claim 8, claim 10 of the reference discloses the limitations of the
claim.
Regarding claim 9, claim 11 of the reference discloses the limitations of the
claim.
Regarding claim 10, claim 12 of the reference discloses the limitations of the claim.
Regarding claim 20, claim 13 of the reference discloses the features of the claim. The reference discloses bi-directional communication is between the transponders and a portable network communication device not between transponders and the gateway as recited in claim 1.
Yeung discloses the communication system shown in figure 1A. The system comprise a portable gateway 103. The abstract discloses further information regarding the portable gateway.
It would have been obvious for one of ordinary skill in the art before the effective date of the invention to combine the use of a portable gateway as taught by Yeung into the communication system and method of the reference. The reference use a portable network communication device but doesn’t state the portable device is a portable gateway. By using a portable gateway, the functionality and capability of the system can be expanded and improved, making the system more effective.
Regarding claim 21, claim 20 of the reference discloses the limitations of the claim.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
9. Claim 22 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 13 of copending Application No. 18/437,594 (reference application) in view of Yeung et al (US 2024/0214820). Although the claims at issue are not identical, they are not patentably distinct from each other because the reference includes further details that are not required by the instant claims.
Regarding claim 22, the combination of the reference and Yeung discloses the device stated above. The combination does not disclose the computer is configured to interface with a proactive network maintenance (PNM) system.
Hamzeh discloses methods, system and devices for network maintenance as stated in the abstract. Paragraph 0041 discloses network devices within the communication system may supply proactive network maintenance (PNM) data to a PNM database. The PNM data may include data collected by the network device related to an operation of the network device. The PNM data may be utilized to determine an operation predicted to increase the performance of the network device. In some cases, utilizing the PNM data to determine operations predicted to increase the performance of the network device may decrease the cost of supporting the network device. The PNM data may also increase the performance of the network device by using a machine learning engine. For these reasons, it would have been obvious for one of ordinary skill in the art to utilize the teaching of Hamzeh, for the device to supply PNM data to decrease cost and increase performance, in the device of the combination the reference and Yeung.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Conclusion
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/KEVIN M BURD/Primary Examiner, Art Unit 2632 4/13/2026
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