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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, claim limitation “at least one laser configured to generate a wave division multiplex (WDM) on a light guide;” and “a Code Division Multiple Access (CDMA) symbol generator coupled to modulate CDMA symbols on the light guide across a plurality of channels of the WDM.” as recited in claim 1 and “a Code Division Multiple Access (CDMA) symbol generator coupled to generate CDMA symbols on the light guide below a noise floor of the WDM signals.” as recited in claim 9 must be shown or the features canceled from the claims. No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
Claims 1-20 are rejected under 35 U.S.C. 112(a), as failing to comply with the written description requirement. The claims contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, at the time the application was filed, had possession of the claimed invention.
Claim 1 recites “at least one laser configured to generate a wave division multiplex (WDM) on a light guide;” The specification, as originally filed, does not teach a person of ordinary skill in the art how the laser is configured such that the laser generate a wave division multiplex (WDM) on a light guide. Is there multiple lasers generating multiple optical channels wherein the multiple channels are multiplex to generate WDM on a light guide?
Claim 1 recites “a Code Division Multiple Access (CDMA) symbol generator coupled to modulate CDMA symbols on the light guide across a plurality of channels of the WDM.” The specification, as originally filed, does not teach a person of ordinary skill in the art how the CDMA symbol generator is coupled to modulate CDMA symbols on the light guide across a plurality of channels of the WDM. Is there multiple lasers generating multiple optical channels wherein the multiple channels are multiplex to generate WDM on a light guide? Is each channel modulated with CDMA symbol to generate CDMA symbols on the light guide across a plurality of channels of the WDM? Is the CDMA symbol spread across plurality optical channels to generate CDMA symbols on the light guide across a plurality of channels of the WDM?
Claim 9 recites “a Code Division Multiple Access (CDMA) symbol generator coupled to generate CDMA symbols on the light guide below a noise floor of the WDM signals.” The specification, as originally filed, does not teach a person of ordinary skill in the art how the CDMA symbol generator is coupled to generate CDMA symbols on the light guide below a noise floor of the WDM signals. Is there multiple lasers generating multiple optical channels wherein the multiple channels are multiplex to generate WDM on a light guide? Is each channel modulated with CDMA symbol to generate CDMA symbols on the light guide across a plurality of channels of the WDM? Is the CDMA symbol spread across plurality optical channels to generate CDMA symbols on the light guide across a plurality of channels of the WDM?
Claim 17 recites “generating Code Division Multiple Access (CDMA) symbols on the light guide spread across a plurality of channels of the WDM.” The specification, as originally filed, does not teach a person of ordinary skill in the art how the CDMA symbols is generated on the light guide and spread across a plurality of channels of the WDM. Is there multiple lasers generating multiple optical channels wherein the multiple channels are multiplex to generate WDM on a light guide? Is each channel modulated with CDMA symbol to generate CDMA symbols on the light guide across a plurality of channels of the WDM? Is the CDMA symbol spread across plurality optical channels to generate CDMA symbols on the light guide across a plurality of channels of the WDM?
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
Claims 1-20 are rejected under 35 U.S.C. 112(b), as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint regards as the invention.
Claim 1 recites “at least one laser configured to generate a wave division multiplex (WDM) on a light guide…” The claim does point out and distinctly claim how the laser generate a wave division multiplex on a light guide. Since there may be various ways to configure the laser or to couple the laser to other components to generate a wave division multiplex (WDM) on a light guide, the claim seem to cover every conceivable arrangement and is unclear which arrangement the claim is referring to.
Claim 1 recites “a Code Division Multiple Access (CDMA) symbol generator coupled to modulate CDMA symbols on the light guide across a plurality of channels of the WDM.” The claim does point out and distinctly claim how the Code Division Multiple Access (CDMA) symbol generator is coupled to modulate CDMA symbols on the light guide across a plurality of channels of the WDM. Since there may be various ways to couple the CDMA symbol generator to modulate CDMA symbols on the light guide across a plurality of channels of the WDM, the claim seem to cover every conceivable arrangement and is unclear which arrangement the claim is referring to.
Claim 9 recites “a Code Division Multiple Access (CDMA) symbol generator coupled to generate CDMA symbols on the light guide below a noise floor of the WDM signals.” The claim does point out and distinctly claim how the Code Division Multiple Access (CDMA) symbol generator is coupled to generate CDMA symbols on the light guide below a noise floor of the WDM signals. Since there may be various ways that the CDMA) symbol generator is coupled to generate CDMA symbols on the light guide below a noise floor of the WDM signals, the claim seem to cover every conceivable arrangement and is unclear which arrangement the claim is referring to.
Claim 17 recites “generating Code Division Multiple Access (CDMA) symbols on the light guide spread across a plurality of channels of the WDM.” The claim does point out and distinctly claim how the CDMA symbols is generated on the light guide and spread across a plurality of channels of the WDM. Since there may be various ways that the CDMA symbols is generated on the light guide and spread across a plurality of channels of the WDM, the claim seem to cover every conceivable arrangement and is unclear which arrangement the claim is referring to.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1 and 17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mizutani et al (US Pub. No. 2010/0086304 A1).
Regarding claim 1 (as far as understood in view of the 112 rejection), Mizutani et al teaches an optical transmitter comprising:
at least one laser configured to generate a wave division multiplex (WDM) on a light guide (para [0016]; “In the optical communication system of the present invention, a different carrier wavelength (laser wavelength) is used for each optical transmitter in order to suppress signal deterioration due to interference of laser beams.”; para [0017]; “The transmitting apparatus comprises a plurality of code-division spreaders different in spreading code, a reception processing unit that selectively distributes transmission data to the plurality of code-division spreaders, a plurality of optical transmitters each of which transmits a code-spread signal to the optical fiber as a CDMA optical signal of a carrier wavelength different from that of the other optical transmitters, and a signal multiplexing unit that selectively supplies outputs of the plurality of code-division spreaders to the plurality of optical transmitters.”); and
a Code Division Multiple Access (CDMA) symbol generator coupled to modulate CDMA symbols on the light guide across a plurality of channels of the WDM (para [0016]; “…CDMA signals are multiplexed on an optical fiber by WDMA.”; para [0017]; “…, a plurality of optical transmitters each of which transmits a code-spread signal to the optical fiber as a CDMA optical signal of a carrier wavelength different from that of the other optical transmitters, and a signal multiplexing unit that selectively supplies outputs of the plurality of code-division spreaders to the plurality of optical transmitters.”).
Regarding claim 17 (as far as understood in view of the 112 rejection), Mizutani et al teaches an optical communication process comprising:
generating a wave division multiplex (WDM) on a light guide (para [0016]; “In the optical communication system of the present invention, a different carrier wavelength (laser wavelength) is used for each optical transmitter in order to suppress signal deterioration due to interference of laser beams.”; para [0017]; “The transmitting apparatus comprises a plurality of code-division spreaders different in spreading code, a reception processing unit that selectively distributes transmission data to the plurality of code-division spreaders, a plurality of optical transmitters each of which transmits a code-spread signal to the optical fiber as a CDMA optical signal of a carrier wavelength different from that of the other optical transmitters, and a signal multiplexing unit that selectively supplies outputs of the plurality of code-division spreaders to the plurality of optical transmitters.”); and
generating Code Division Multiple Access (CDMA) symbols on the light guide spread across a plurality of channels of the WDM (para [0016]; “…CDMA signals are multiplexed on an optical fiber by WDMA.”; para [0017]; “…, a plurality of optical transmitters each of which transmits a code-spread signal to the optical fiber as a CDMA optical signal of a carrier wavelength different from that of the other optical transmitters, and a signal multiplexing unit that selectively supplies outputs of the plurality of code-division spreaders to the plurality of optical transmitters.”).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 8 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Mizutani et al (US Pub. No. 2010/0086304 A1) in view of Oommen (US Pub. No. 2008/0235386 A1).
Regarding claims 8 and 20 (as far as understood in view of the 112 rejection), Mizutani et al teaches encoding CDMA symbol onto the light guide and differs from the claimed invention in that Mizutani et al does not specifically teach the CDMA symbol generator is configured to encode a security key or authentication code onto the light guide. Oommen teaches authentication key or security key defined by CDMA standard (para [0088]; “…other security-related parameters may also be updated using the present invention. For instance, there are several Security Keys used in CDMA,…”). Therefore, it would have been obvious to an artisan of ordinary skill in the art before the effective filling date of the claimed invention to modify the CDMA code of Mizutani et al by encoding a security key or authentication code, as taught by Oommen et al in order to enhance security between communication devices.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Mizutani et al (US Pub. No. 2010/0086304 A1) in view of Ohlen (US Pub. No. 2011/0236017 A1).
Regarding claim 9 (as far as understood in view of the 112 rejection), Mizutani et al teaches an optical transmitter comprising:
at least one laser configured to generate a wave division multiplex (WDM) on a light guide (para [0016]; “In the optical communication system of the present invention, a different carrier wavelength (laser wavelength) is used for each optical transmitter in order to suppress signal deterioration due to interference of laser beams.”; para [0017]; “The transmitting apparatus comprises a plurality of code-division spreaders different in spreading code, a reception processing unit that selectively distributes transmission data to the plurality of code-division spreaders, a plurality of optical transmitters each of which transmits a code-spread signal to the optical fiber as a CDMA optical signal of a carrier wavelength different from that of the other optical transmitters, and a signal multiplexing unit that selectively supplies outputs of the plurality of code-division spreaders to the plurality of optical transmitters.”); and
a Code Division Multiple Access (CDMA) symbol generator coupled to modulate CDMA symbols on the light guide across a plurality of channels of the WDM (para [0016]; “…CDMA signals are multiplexed on an optical fiber by WDMA.”; para [0017]; “…, a plurality of optical transmitters each of which transmits a code-spread signal to the optical fiber as a CDMA optical signal of a carrier wavelength different from that of the other optical transmitters, and a signal multiplexing unit that selectively supplies outputs of the plurality of code-division spreaders to the plurality of optical transmitters.”).
Mizutani et al teaches a Code Division Multiple Access (CDMA) symbol generator coupled to generate CDMA symbols on the light guide, as discussed above, and differs from the claimed invention in that Mizutani et al does not specifically teach that the CDMA symbols on the light guide below a noise floor of the WDM signals. However, it is well known to modulate low-level signal. Ohlen teaches WDM communication system transmitting low-level messages (para [0076]; “These messages can be sent in different ways, such as in the data channel or a control channel of the protocol used in the link…”; para [0077]; “…the messages can use a different low-level channel coupled to the optical transmitter and receiver module (out-of-band messages), such as pilot tones or methods utilizing properties and/or modifications to the line codes commonly used.”). Since Ohlen teaches that the messages can use different low-level channel, therefore, it would have been obvious to an artisan of ordinary skill in the art before the effective filling date of the claimed invention to adjust the level of the CDMA code of Mizutani et such that it is below a noise floor of the WDM signals al in order to prevent crosstalk and hence increase signal to noise ratio.
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Mizutani et al (US Pub. No. 2010/0086304 A1) in view Ohlen (US Pub. No. 2011/0236017 A1) and further in view of Oommen (US Pub. No. 2008/0235386 A1).
Regarding claim 16 (as far as understood in view of the 112 rejection), the combination of Mizutani et al as modified by Ohlen teaches encoding CDMA symbol onto the light guide and differs from the claimed invention in that Mizutani et al does not specifically teach the CDMA symbol generator is configured to encode a security key or authentication code onto the light guide. Oommen teaches authentication key or security key defined by CDMA standard (para [0088]; “…other security-related parameters may also be updated using the present invention. For instance, there are several Security Keys used in CDMA,…”). Therefore, it would have been obvious to an artisan of ordinary skill in the art before the effective filling date of the claimed invention to modify the CDMA code of the combination by encoding a security key or authentication code, as taught by Oommen et al in order to enhance security between communication devices.
Allowable Subject Matter
Claims 2-7, 10-15, 18 and 19 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Fang (US Patent No. 9,225,453 B2) is cited to show optical system using CDMA.
Mendez et al (US Patent No. 6,025,944) is cited to show WDM/CDMA hybrid.
Weber et al (US Patent No. 6,922,431 B1) is cited to show communication using spread spectrum method over optical fibers.
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DALZID E. SINGH
Primary Examiner
Art Unit 2635
/DALZID E SINGH/Primary Examiner, Art Unit 2635