DETAILED ACTION
Amendments/Remarks submitted on November 12, 2025 for Application No. 18/444225 are presented for examination by the examiner.
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 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.
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 .
Internet Communications
Applicant is encouraged to submit a written authorization for Internet communications (PTO/SB/439, found at http://www.uspto.gov/sites/default/files/documents/sb0439.pdf) in the instant patent application to authorize the examiner to communicate with the applicant via email. The authorization will allow the examiner to better practice compact prosecution. The written authorization can be submitted via one of the following methods only: (1) Central Fax, which can be found in the Conclusion section of this Office action; (2) regular postal mail; (3) EFS WEB; or (4) the service window on the Alexandria campus. EFS web is the recommended way to submit the form since this allows the form to be entered into the file wrapper within the same day (system dependent). Written authorization submitted via other methods, such as direct fax to the examiner or email, will not be accepted. See MPEP § 502.03.
Applicant is also encouraged to contact the Examiner for an Interview, should the Applicant determine that clarifying and further illustrating the distinguishing features of the instant application may further the prosecution.
Response to Arguments
Applicant’s arguments filed November 12, 2025 have been considered but they are not persuasive. In the remarks applicant argues:
I) On page 6, Applicant disagrees and traverses the Double Patenting Rejections as the ‘841 and the ‘983 patents do not recite “a second VCSEL configured to emit a second optical signal associated with quantum key distribution (QKD)”.
The Examiner respectfully disagrees. The main difference between the ‘841 and ‘983 patents and the Instant Application is that the ‘841 and ‘983 patents recite a first VCSEL that transmits a first optical signal and a second VCSEL that transmits a second optical signal while the Instant Application recites a single VCSEL that transmits both the first optical signal and the second optical signal. It would have been an obvious design choice to use either one or two VCSELs to transmit the two optical signals. Therefore, the Double Patenting Rejection still stands as shown below.
II) On pages 7-8, Applicant argues that the cited prior art does not teach the entirety of independent claim 1. Applicant further argues that Wang teaches “emitting only a single signal and fails to disclose a first VCSEL that is configured to “emit a first optical signal,” and “emit a second optical signal”. Applicant further argues that Soto does not teach QKD or quantum operations.
The Examiner disagrees and in no way concedes nor subscribes to Applicant's summarization or distillation of the art of record. It has been held "All of the disclosures in a reference must be evaluated for what they fairly teach one of ordinary skill in the art." In re Lemelson, 397 F.2d 1006, 1009 (CCPA 1968).
Regarding Applicant’s argument that the cited prior art does not teach the entirety of claim 1, Applicant's arguments fail to comply with 37 CFR 1.111(b) because they amount to a general allegation that the claims define a patentable invention without specifically pointing out how the language of the claims patentably distinguishes them from the references. Furthermore, it is noted that merely quoting claim language verbatim and summarily indicating the art of record teaches away from the claim language is not considered a separate argument of patentability as it does not refer to the art of record to establish such alleged distinctions.
Regarding Applicant’s arguments that Wang only emits a single signal, the Examiner would note that the cited passages recite that the signals “may then be combined”. Therefore, Wang also teaches that the signals may not be combined. Wang, paragraphs 51-52, teaches transmitting the multi-photon optical clock and the single photon quantum key.
Regarding Applicant’s arguments that Soto does not teach QKD or quantum operations, the Examiner would note that Wang (and not Soto) was used to teach the quantum operations. Soto was merely added to teach “network interface controller configured to manage transmission of the first optical signal and the second optical signal via an optical communication channel coupled to a network interface module” as shown in further detail below.
Therefore, the cited prior art does teach the claim limitations in question. It has been held that a publication is good for all it teaches to persons of ordinary skill in the art. In re Fritch, 972 F.2d 1260, 1264 (Fed. Cir. 1992). A reference is good for all it teaches. In re Meinhardt, 392 F.2d 273, 280 (CCPA 1968). Finally, it is well established that a reference is good for all it fairly teaches a person having ordinary skill in the art, even when the teaching is a cursory mention. E.g., In re Mills, 470 F.2d 649, 651 (CCPA 1972).
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.
Claims 1-2, 6-11 and 15-19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3, 5-6, 8, 10, 13, 15-16 and 18-19 of U.S. Patent No. 12,034,841. Claims 1-2, 6-11 and 15-19 of the instant application are anticipated by patent claims 1, 3, 5-6, 8, 10, 13, 15-16 and 18-19 in that claims 1, 3, 5-6, 8, 10, 13, 15-16 and 18-19 of the patent contain all the limitations of claims 1-2, 6-11 and 15-19 of the instant claims. Therefore claims 1-2, 6-11 and 15-19 of the instant application are not patently distinct from the earlier patent claims and as such is unpatentable for obvious-type double patenting.
US Patent Application – 18/444,225
1. A system, comprising:
a first vertical cavity surface emitting laser (VCSEL) configured to: emit a first optical signal associated with data; and emit a second optical signal associated with quantum key distribution (QKD);
and a network interface controller configured to manage transmission of the first optical signal and the second optical signal via an optical communication channel coupled to a network interface module.
6. The system of Claim 1, wherein the network interface controller is configured to compare measurement of states of qubits associated with the second optical signal to facilitate the transmission of the first optical signal and the second optical signal.
2. The system of Claim 1, wherein the network interface controller is configured to select the first optical signal or the second optical signal for transmission as an output optical signal via the optical communication channel.
7. The system of Claim 1, wherein the network interface controller is configured to perform error correction with respect to the first optical signal to facilitate the transmission of the first optical signal and the second optical signal.
8. The system of Claim 1, wherein the network interface controller is configured to manage the transmission of the first optical signal and the second optical signal based on a BB84 QKD protocol, a T12 QKD protocol, or a coherent one way (COW) QKD protocol.
9. The system of Claim 1, further comprising a quad small form-factor pluggable (QSFP) device that comprises the first VCSEL.
10. A system comprising: a first network interface module that comprises a first vertical cavity surface emitting laser (VCSEL) configured to: emit a first optical signal associated with data; and emit a second optical signal associated with quantum key distribution (QKD); and a network interface controller configured to manage transmission of the first optical signal and the second optical signal via an optical communication channel coupled to a second network interface module.
15. The system of Claim 10, wherein the network interface controller is configured to compare measurement of states of qubits associated with the second optical signal to facilitate the transmission of the first optical signal and the second optical signal.
11. The system of Claim 10, wherein the network interface controller is configured to select the first optical signal or the second optical signal for transmission as an output optical signal via the optical communication channel.
16. The system of Claim 11, wherein the network interface controller is configured to perform error correction with respect to the first optical signal to facilitate the transmission of the first optical signal and the second optical signal.
17. The system of Claim 11, wherein the network interface controller is configured to manage the transmission of the first optical signal and the second optical signal based on a BB84 QKD protocol, a T12 QKD protocol, or a coherent one way (COW) QKD protocol.
18. A method comprising: controlling emission of a first optical signal associated with data via a first vertical cavity surface emitting laser (VCSEL) of a network interface module; controlling emission of a second optical signal associated with quantum key distribution (QKD) via the first VCSEL of the network interface module; and managing transmission of the first optical signal and the second optical signal via an optical communication channel coupled to the network interface module.
19. The method of Claim 18, further comprising selecting, via a network interface controller, the first optical signal or the second optical signal for transmission as an output optical signal via the optical communication channel.
US Patent – 12,034,841
1. A system, comprising:
a first vertical cavity surface emitting laser (VCSEL) configured to emit a first optical signal associated with data; a second VCSEL configured to emit a second optical signal associated with quantum key distribution (QKD);
and a network interface controller configured to manage transmission of the first optical signal associated with the first VCSEL and the second optical signal associated with the second VCSEL via an optical communication channel coupled to a network interface module,
wherein the network interface controller is configured to compare measurement of states of qubits associated with the second optical signal to facilitate the transmission of the first optical signal and the second optical signal.
3. The system of claim 1, wherein the network interface controller is configured to select the first optical signal or the second optical signal for transmission as an output optical signal via the optical communication channel.
5. The system of claim 1, wherein the network interface controller is configured to perform error correction with respect to the first optical signal to facilitate the transmission of the first optical signal and the second optical signal.
6. The system of claim 1, wherein the network interface controller is configured to manage the transmission of the first optical signal and the second optical signal based on a BB84 QKD protocol, a T12 QKD protocol, or a coherent one way (COW) QKD protocol.
8. The system of claim 1, further comprising: a quad small form-factor pluggable (QSFP) device that comprises the first VCSEL and the second VCSEL.
10. A system, comprising: a first network interface module that comprises: a first vertical cavity surface emitting laser (VCSEL) configured to emit a first optical signal associated with data; and a second VCSEL configured to emit a second optical signal associated with quantum key distribution (QKD); and a network interface controller configured to manage transmission of the first optical signal associated with the first VCSEL and the second optical signal associated with the second VCSEL via an optical communication channel coupled to a second network interface module,
wherein the network interface controller is configured to compare measurement of states of qubits associated with the second optical signal to facilitate the transmission of the first optical signal and the second optical signal.
13. The system of claim 10, wherein the network interface controller is configured to select the first optical signal or the second optical signal for transmission as an output optical signal via the optical communication channel.
15. The system of claim 10, wherein the network interface controller is configured to perform error correction with respect to the first optical signal to facilitate the transmission of the first optical signal and the second optical signal.
16. The system of claim 10, wherein the network interface controller is configured to manage the transmission of the first optical signal and the second optical signal based on a BB84 QKD protocol, a T12 QKD protocol, or a coherent one way (COW) QKD protocol.
18. A method, comprising: controlling emission of a first optical signal associated with data via a first vertical cavity surface emitting laser (VCSEL) of a network interface module; controlling emission of a second optical signal associated with quantum key distribution (QKD) via a second VCSEL of the network interface module; and managing transmission of the first optical signal and the second optical signal via an optical communication channel coupled to the network interface module,
wherein the network interface controller is configured to compare measurement of states of qubits associated with the second optical signal to facilitate the transmission of the first optical signal and the second optical signal.
19. The method of claim 18, wherein the network interface controller is configured to select the first optical signal or the second optical signal for transmission as an output optical signal via the optical communication channel.
Claims 1-2, 6-11 and 15-19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 4-6, 8, 10, 14-16 and 18 of U.S. Patent No. 11,664,983. Claims 1-2, 6-11 and 15-19 of the instant application are anticipated by patent claims 1, 4-6, 8, 10, 14-16 and 18 in that claims 1, 4-6, 8, 10, 14-16 and 18 of the patent contain all the limitations of claims 1-2, 6-11 and 15-19 of the instant claims. Therefore claims 1-2, 6-11 and 15-19 of the instant application are not patently distinct from the earlier patent claims and as such is unpatentable for obvious-type double patenting.
US Patent Application – 18/444,225
1. A system, comprising:
a first vertical cavity surface emitting laser (VCSEL) configured to: emit a first optical signal associated with data; and emit a second optical signal associated with quantum key distribution (QKD); and a network interface controller configured to manage transmission of the first optical signal and the second optical signal via an optical communication channel coupled to a network interface module.
2. The system of Claim 1, wherein the network interface controller is configured to select the first optical signal or the second optical signal for transmission as an output optical signal via the optical communication channel.
6. The system of Claim 1, wherein the network interface controller is configured to compare measurement of states of qubits associated with the second optical signal to facilitate the transmission of the first optical signal and the second optical signal.
7. The system of Claim 1, wherein the network interface controller is configured to perform error correction with respect to the first optical signal to facilitate the transmission of the first optical signal and the second optical signal.
8. The system of Claim 1, wherein the network interface controller is configured to manage the transmission of the first optical signal and the second optical signal based on a BB84 QKD protocol, a T12 QKD protocol, or a coherent one way (COW) QKD protocol.
9. The system of Claim 1, further comprising a quad small form-factor pluggable (QSFP) device that comprises the first VCSEL.
10. A system comprising: a first network interface module that comprises a first vertical cavity surface emitting laser (VCSEL) configured to: emit a first optical signal associated with data; and emit a second optical signal associated with quantum key distribution (QKD); and a network interface controller configured to manage transmission of the first optical signal and the second optical signal via an optical communication channel coupled to a second network interface module.
11. The system of Claim 10, wherein the network interface controller is configured to select the first optical signal or the second optical signal for transmission as an output optical signal via the optical communication channel.
15. The system of Claim 10, wherein the network interface controller is configured to compare measurement of states of qubits associated with the second optical signal to facilitate the transmission of the first optical signal and the second optical signal.
16. The system of Claim 11, wherein the network interface controller is configured to perform error correction with respect to the first optical signal to facilitate the transmission of the first optical signal and the second optical signal.
17. The system of Claim 11, wherein the network interface controller is configured to manage the transmission of the first optical signal and the second optical signal based on a BB84 QKD protocol, a T12 QKD protocol, or a coherent one way (COW) QKD protocol.
18. A method comprising: controlling emission of a first optical signal associated with data via a first vertical cavity surface emitting laser (VCSEL) of a network interface module; controlling emission of a second optical signal associated with quantum key distribution (QKD) via the first VCSEL of the network interface module; and managing transmission of the first optical signal and the second optical signal via an optical communication channel coupled to the network interface module.
19. The method of Claim 18, further comprising selecting, via a network interface controller, the first optical signal or the second optical signal for transmission as an output optical signal via the optical communication channel.
US Patent – 11,664,983
1. A system, comprising:
a first vertical cavity surface emitting laser (VCSEL) configured to emit a first optical signal associated with data; a second VCSEL configured to emit a second optical signal associated with quantum key distribution (QKD); and a network interface controller configured to manage transmission of the first optical signal associated with the first VCSEL and the second optical signal associated with the second VCSEL via an optical communication channel coupled to a network interface module,
wherein the network interface controller is configured to select the first optical signal or the second optical signal for transmission as an output optical signal via the optical communication channel.
4. The system of claim 1, wherein the network interface controller is configured to compare measurement of states of qubits associated with the second optical signal to facilitate the transmission of the first optical signal and the second optical signal.
5. The system of claim 1, wherein the network interface controller is configured to perform error correction with respect to the first optical signal to facilitate the transmission of the first optical signal and the second optical signal.
6. The system of claim 1, wherein the network interface controller is configured to manage the transmission of the first optical signal and the second optical signal based on a BB84 QKD protocol, a T12 QKD protocol, or a coherent one way (COW) QKD protocol.
8. The system of claim 1, further comprising: a quad small form-factor pluggable (QSFP) device that comprises the first VCSEL and the second VCSEL.
10. A system, comprising: a first network interface module that comprises: a first vertical cavity surface emitting laser (VCSEL) configured to emit a first optical signal associated with data; and a second VCSEL configured to emit a second optical signal associated with quantum key distribution (QKD); and a network interface controller configured to manage transmission of the first optical signal associated with the first VCSEL and the second optical signal associated with the second VCSEL via an optical communication channel coupled to a second network interface module,
wherein the network interface controller is configured to select the first optical signal or the second optical signal for transmission as an output optical signal via the optical communication channel.
14. The system of claim 10, wherein the network interface controller is configured to compare measurement of states of qubits associated with the second optical signal to facilitate the transmission of the first optical signal and the second optical signal.
15. The system of claim 10, wherein the network interface controller is configured to perform error correction with respect to the first optical signal to facilitate the transmission of the first optical signal and the second optical signal.
16. The system of claim 10, wherein the network interface controller is configured to manage the transmission of the first optical signal and the second optical signal based on a BB84 QKD protocol, a T12 QKD protocol, or a coherent one way (COW) QKD protocol.
18. A method, comprising: controlling emission of a first optical signal associated with data via a first vertical cavity surface emitting laser (VCSEL) of a network interface module; controlling emission of a second optical signal associated with quantum key distribution (QKD) via a second VCSEL of the network interface module; and managing transmission of the first optical signal and the second optical signal via an optical communication channel coupled to the network interface module,
wherein a network interface controller is configured to select the first optical signal or the second optical signal for transmission as an output optical signal via the optical communication channel.
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.
Claims 1-5, 10-14 and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over US patent publication 20080292102 granted to Wang et al and further in view of WO 2005019970 granted to Soto et al.
Regarding claim 1, Wang discloses a quantum key distribution system comprising a first vertical cavity surface emitting laser (VCSEL) configured to: emit a first optical signal associated with data; and emit a second optical signal associated with quantum key distribution (QKD) {see paragraph [0051] ( begins by receiving a multi-photon optical clock signal at a transmitter (Step 602). A single photon quantum key signal is also generated at the transmitter (Step 604)}. Wang fails to specifically teach a network interface controller configured to manage transmission of the first optical signal and the second optical signal via an optical communication channel coupled to a network interface module. In an analogous art, Soto discloses a network interface controller configured to manage transmission of the first optical signal and the second optical signal via an optical communication channel coupled to a network interface module {see paragraphs [0026] (NM Optical Interface 108 is controlled by the NM-CLM 106 using, for example, bus 109. The NM Optical Interface 108 converts electrical signals carrying data from the Tx Framer 114 to optical signals, for example, by modulating a laser (not shown) included in the NM Optical Interface 108 and transmitting the laser output to the ODF interface 110. The NM Optical Interface 108 also receives optical signals from the ODF interface 110 and converts the optical signals to electrical signals carrying data that is then transferred to the Rx Framer 115. Thus, the NM Optical Interface 108 functions as an "optical-electrical converter" that can convert a signal from an optical signal to electrical signal or from an electrical signal to an optical signal) and [0027]-[0029]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the network optical interface of Soto with Wang’s quantum key distribution system. One of ordinary skill in the art would have been motivated to combine the two for the purpose of communicating a secure quantum key that is subsequently used to exchange encrypted user data packets.
Regarding claim 2, Wang as modified discloses everything claimed as applied above (see claim 1), in addition Soto further teaches the network interface controller is configured to select the first optical signal or the second optical signal for transmission as an output optical signal via the optical communication channel (see paragraph [0026]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the network optical interface of Soto with Wang’s quantum key distribution system. One of ordinary skill in the art would have been motivated to combine the two for the purpose of communicating a secure quantum key that is subsequently used to exchange encrypted user data packets.
Regarding claim 3, Wang as modified discloses everything claimed as applied above (see claim 1), in addition Soto further teaches the network interface controller is configured to time division multiplex the first optical signal and the second optical signal {see paragraph [0041] (The NM 100 may assign, schedule or grant slot allocations in a number of ways (e.g. according to fixed time-division multiplex or statistical time-division multiplex schemes . . .). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the network optical interface of Soto with Wang’s quantum key distribution system. One of ordinary skill in the art would have been motivated to combine the two for the purpose of communicating a secure quantum key that is subsequently used to exchange encrypted user data packets.
Regarding claim 4, Wang as modified discloses everything claimed as applied above (see claim 3), in addition Soto further teaches an optical attenuator coupled with the optical communication channel and configured to modify an attenuation of the first optical signal and/or the second optical signal for the time division multiplexing of the first optical signal and the second optical signal {see paragraphs [0026]-[0028] (The ODF 102 can include any of a variety of passive optical components including optical fibers (e.g., single mode fibers, multimode fibers), optical connectors, fiber splices, passive branching components (e.g., passive splitters) and passive optical attenuators). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the network optical interface of Soto with Wang’s quantum key distribution system. One of ordinary skill in the art would have been motivated to combine the two for the purpose of communicating a secure quantum key that is subsequently used to exchange encrypted user data packets.
Regarding claim 5, Wang as modified discloses everything claimed as applied above (see claim 3), in addition Soto further teaches the network interface controller is configured to supply both a first drive and second drive signal to a laser for emitting the first and second optical signals for the time division multiplexing of the first and second optical signals (see paragraph [0026]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the network optical interface of Soto with Wang’s quantum key distribution system. One of ordinary skill in the art would have been motivated to combine the two for the purpose of communicating a secure quantum key that is subsequently used to exchange encrypted user data packets.
Regarding claim 10, Wang discloses a quantum key distribution system comprising a first vertical cavity surface emitting laser (VCSEL) configured to: emit a first optical signal associated with data; and emit a second optical signal associated with quantum key distribution (QKD) {see paragraph [0051] ( begins by receiving a multi-photon optical clock signal at a transmitter (Step 602). A single photon quantum key signal is also generated at the transmitter (Step 604)}. Wang fails to specifically teach a network interface controller configured to manage transmission of the first optical signal and the second optical signal via an optical communication channel coupled to a network interface module. In an analogous art, Soto discloses a network interface controller configured to manage transmission of the first optical signal and the second optical signal via an optical communication channel coupled to a network interface module {see paragraphs [0026] (NM Optical Interface 108 is controlled by the NM-CLM 106 using, for example, bus 109. The NM Optical Interface 108 converts electrical signals carrying data from the Tx Framer 114 to optical signals, for example, by modulating a laser (not shown) included in the NM Optical Interface 108 and transmitting the laser output to the ODF interface 110. The NM Optical Interface 108 also receives optical signals from the ODF interface 110 and converts the optical signals to electrical signals carrying data that is then transferred to the Rx Framer 115. Thus, the NM Optical Interface 108 functions as an "optical-electrical converter" that can convert a signal from an optical signal to electrical signal or from an electrical signal to an optical signal) and [0027]-[0029]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the network optical interface of Soto with Wang’s quantum key distribution system. One of ordinary skill in the art would have been motivated to combine the two for the purpose of communicating a secure quantum key that is subsequently used to exchange encrypted user data packets.
Regarding claim 11, Wang as modified discloses everything claimed as applied above (see claim 10), in addition Soto further teaches the network interface controller is configured to select the first optical signal or the second optical signal for transmission as an output optical signal via the optical communication channel (see paragraph [0026]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the network optical interface of Soto with Wang’s quantum key distribution system. One of ordinary skill in the art would have been motivated to combine the two for the purpose of communicating a secure quantum key that is subsequently used to exchange encrypted user data packets.
Regarding claim 12, Wang as modified discloses everything claimed as applied above (see claim 10), in addition Soto further teaches the network interface controller is configured to time division multiplex the first optical signal and the second optical signal {see paragraph [0041] (The NM 100 may assign, schedule or grant slot allocations in a number of ways (e.g. according to fixed time-division multiplex or statistical time-division multiplex schemes . . .). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the network optical interface of Soto with Wang’s quantum key distribution system. One of ordinary skill in the art would have been motivated to combine the two for the purpose of communicating a secure quantum key that is subsequently used to exchange encrypted user data packets.
Regarding claim 13, Wang as modified discloses everything claimed as applied above (see claim 12), in addition Soto further teaches an optical attenuator coupled with the optical communication channel and configured to modify an attenuation of the first optical signal and/or the second optical signal for the time division multiplexing of the first optical signal and the second optical signal {see paragraphs [0026]-[0028] (The ODF 102 can include any of a variety of passive optical components including optical fibers (e.g., single mode fibers, multimode fibers), optical connectors, fiber splices, passive branching components (e.g., passive splitters) and passive optical attenuators). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the network optical interface of Soto with Wang’s quantum key distribution system. One of ordinary skill in the art would have been motivated to combine the two for the purpose of communicating a secure quantum key that is subsequently used to exchange encrypted user data packets.
Regarding claim 14, Wang as modified discloses everything claimed as applied above (see claim 12), in addition Soto further teaches the network interface controller is configured to supply both a first drive and second drive signal to a laser for emitting the first and second optical signals for the time division multiplexing of the first and second optical signals (see paragraph [0026]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the network optical interface of Soto with Wang’s quantum key distribution system. One of ordinary skill in the art would have been motivated to combine the two for the purpose of communicating a secure quantum key that is subsequently used to exchange encrypted user data packets.
Claims 18-20 are method claims that are substantially equivalent to system claims 10-12. Therefore claims 18-20 are rejected by a similar rationale.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN B KING whose telephone number is (571)270-7310. The examiner can normally be reached Monday-Friday 10AM-6PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Yin-Chen Shaw can be reached at 5712728878. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOHN B KING/Primary Examiner, Art Unit 2498
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