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 .
Response to Arguments
Applicant's arguments filed 04/14/2026 have been fully considered but they are not persuasive.
The examiner agrees with Applicant’s assessment “[t]he rejection turns on treating Chen’s “first optical coupler” together with a different “second optical coupler” as the single claimed “optical coupler.”” (Applicant’s Arguments, p. 8, ¶ 1.) However, the Examiner disagrees that the reading is inconsistent with the claim language and the anticipation standard.
As an initial matter, all of Applicants drawings are schematic diagrams as recited in the Brief Description of Drawings (¶¶ 35-49.) Schematic drawings convey function and the interconnection of elements, not the physical characteristics of the elements thereon.
Next, the examiner submits the coupler disclosed by Chen meets the broadest reasonable interpretation (BRI) consistent with Applicant’s Drawings and Written Spec.
Turning to the Drawings and Spec, Applicants schematic drawing in Fig. 3 and associated Spec (¶¶ 37, 57) show that “the optical coupler” is an Nx1 subcoupler connected by some length of waveguide to a 1xM subcoupler. Nothing in the drawing or associated text requires the coupler to be a unitary, single device. Chen’s coupler from Fig. 8, as cited in the previous rejection, is reproduced below. It is virtually identical to that shown in Applicant’s Fig. 3. The coupler comprises an NX1 subcoupler connected by some length of waveguide to a 1XM subcoupler (Fig. A) Thus, Chen’s coupler meets the BRI consistent with Applicant’s disclosure around Fig. 3.
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Fig. A
Applicants schematic drawing in Fig. 5 and associated Spec (¶¶ 39, 61) show that “the optical coupler” is an NX1 subcoupler connected by some length of waveguide to an interposing device (Optical Amplifier, 1038), in turn connected by some length of waveguide to 1XM subcoupler. Nothing in this drawing or associated text requires the coupler to be a unitary, single device. While disclosing no interposing device, Chen’s coupler comprises an NX1 subcoupler connected by some length of waveguide to a 1XM subcoupler (Fig. 8.) Thus, Chen’s coupler meets the BRI consistent with Applicant’s disclosure around Fig. 5.
Lastly, Applicant points to paragraphs 115-116 (Applicant’s Arguments, p. 10, ¶ 2) as providing some disclosure requiring the claimed coupler to be a single unitary device. Nothing in the recited paragraphs requires such. At best, these paragraphs disclose the optical coupler incudes a coupling structure and a broadcast structure and describes how they are connected in the system. As discussed in the previous rejection, Chen discloses a coupling structure and a broadcast structure connected to the system as recited in the claims. Thus, Chen’s coupler meets the BRI consistent with Applicant’s disclosure around paragraphs 115-116.
Even if paragraphs 115-116 are read to disclose a single unitary coupler embodiment, the BRI of the coupler is not so limited. Paragraph 117 states “[f]or a structure of the optical coupler, refer to Fig. 3.” As discussed above, the functionally and connectionally descriptive schematic shown in Fig. 3 and the corresponding Spec do not disclose a coupler realized as a single unitary device.
In summary, the BRI of the recited optical coupler is not limited to a single unitary coupler. The claims do not recite an optical coupler embodied as a single unitary coupler. The coupler, disclosed by Chen, meets the BRI consistent with Applicant’s Drawings and Spec. For these reasons, Applicant’s arguments are not persuasive, and the previous rejections are maintained.
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.
Claim(s) 1-3, 7-8, 11-13, 16, and 19-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by United States Patent Application Publication 2013/0051802 A1 Chen et al.
Regarding Claim 1, Chen discloses a communication system, comprising:
N transmitters (Fig. 8, n OLTs and their corresponding encoders) , M receivers (Fig. 8, n decoders and their corresponding decoders), and an optical coupler (Fig. 8, first and second couplers), wherein both N and M are positive integers greater than 1, and wherein:
each of the N transmitters is configured to send one first optical signal to the optical coupler (Fig. 8, each OLT transmits an optical signal to the first optical coupler);
the optical coupler is configured to couple N first optical signals sent by the N transmitters into one second optical signal and to broadcast the second optical signal to the M receivers (Fig. 8, signals from each OLT coupled together and broadcast to the ONUs); and
each of the M receivers is configured to receive the second optical signal sent by the optical coupler and to demodulate the second optical signal (Fig. 8, decoders and respective ONUs receive the signal broadcast from the second optical coupler).
Regarding Claim 2, Chen discloses wherein the optical coupler is an NXM optical coupler comprising N input ports and M output ports (Fig. 8, first optical coupler with n inputs and second optical coupler with n outputs).
Regarding Claim 3, Chen discloses wherein the optical coupler comprises:
an Nx1 optical subcoupler comprising N input ports and one output port and a 1×M optical subcoupler comprising one input port and M output ports, the output port of the Nx1 optical subcoupler being connected to the input port of the 1×M optical subcoupler (Fig. 8, first coupler with n input ports and one output port, second coupler is with one input and n outputs connected to the first coupler.)
Regarding Claim 7, Chen discloses wherein the communication system is a direct modulation direct detection system, wherein; the N first optical signal are al wide-spectrum optical signals (¶ 17, each OLT directly modulates a downlink signal; ¶ 13, each downlink signal is converted to spread spectrum optical signal.)
Regarding Claim 8, Chen discloses original data carried in first optical signals sent by different transmitters in the N transmitters respectively corresponds to different electrical physical resources; and each of the receivers is configured to obtain, from original data carried in the second optical signal, original data corresponding to an electrical physical resource corresponding to the receiver (Fig. 8, optical signals from OLT to receiver ONUs.)
Regarding Claim 11, Chen discloses an optical coupler, comprising:
a coupling structure configured to be connected to N transmitters through an optical fiber and to couple N first optical signals sent by the N transmitters into one second optical signal, wherein N is a positive integer greater than 1 (Fig. 8, first optical coupler for n OLTs); and
a broadcast structure configured to be connected to M receivers through an optical fiber and to broadcast the second optical signal to the M receivers, wherein M is a positive integer greater than 1 (Fig. 8, second optical coupler broadcasts the coupled transmitted signals to n ONUs).
Regarding Claim 12, Chen discloses wherein the optical coupler is an NxM optical coupler comprising N input ports and M output ports (Fig. 8, nxn coupler).
Regarding Claim 13, Chen discloses wherein: the coupling structure is an Nx1 optical subcoupler comprising N input ports and one output port; the broadcast structure is a 1×M optical subcoupler comprising one input port and M output ports; and the output port of the Nx1 optical subcoupler is connected to the input port of the 1xM optical subcoupler (Fig. 8, first coupler with n inputs and one output, second coupler with 1 input and n outputs connected to the first coupler.)
Regarding Claim 16, Chen discloses a communication method, comprising:
sending, by each of N transmitters, one first optical signal to an optical coupler, wherein N is a positive integer greater than 1 (Fig. 8, n OLTs transmit optical signals to first optical coupler);
coupling, by the optical coupler, N first optical signals sent by the N transmitters into one second optical signal and broadcasting the second optical signal to M receivers, wherein M is a positive integer greater than 1 (Fig. 8, second coupler broadcasts the optical signals to the ONUs); and
demodulating, by each of the M receivers, the second optical signal received from the optical coupler (Fig. 8, ONUs demodulate the optical signal for use by the ONUs).
Regarding Claim 19, Chen discloses wherein: each of the transmitters obtains the first optical signal by performing intensity modulation on an optical signal; and the N first optical signals are all wide-spectrum optical signals (Fig. 8, ¶¶ 13, 17, OLTs directly modulate the optical signal to be encoded as a spread spectrum signal.)
Regarding Claim 20, Chen discloses wherein original data carried in first optical signals sent by different transmitters in the N transmitters respectively corresponds to different electrical physical resources, and the demodulating the second optical signal comprises obtaining, by each of the receivers from original data carried in the second optical signal, original data corresponding to an electrical physical resource corresponding to the receiver (Fig. 8, optical signals correspond to OLTs at the transmitters and ONUs at the receivers.)
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.
Claim(s) 4 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over United States Patent Application Publication 2013/0051802 A1 Chen et al. and United States Patent Application Publication 2014/0233955 A1 to Gadkari et al.
Regarding Claim 4, Chen does not expressly disclose wherein the optical coupler comprises: T Sx1 optical subcouplers comprising S input ports and one output port, one Tx1 optical subcoupler comprising T input ports and one output port, one 1×Q optical subcoupler comprising one input port and Q output ports, and Q 1xP optical subcoupler comprising one input port and P output ports, T, S, Q, and P are all positive integers, N=SxT, and M=Q×P, wherein: output ports of the T Sx1 optical subcouplers are respectively connected to the T input ports of the Tx1 optical subcoupler, the output port of the Tx1 optical subcoupler is connected to the input port of the 1×Q optical subcoupler, and the Q output ports of the 1xQ optical subcoupler are respectively connected to input ports of the Q 1xP optical subcouplers.
Gadkari discloses that a 1xn coupler/splitter can be realized as a cascade of splitters with a lesser split (¶ 13.) For example, a 1x32 splitter is the functional equivalent of a 1x4 splitter connected with four 1x8 splitters (¶ 13.)
Before the filing date of the instant application, it would have been obvious for a person of ordinary skill in the art to use T Sx1 optical subcouplers comprising S input ports and one output port, one Tx1 optical subcoupler comprising T input ports and one output port, one 1×Q optical subcoupler comprising one input port and Q output ports, and Q 1xP optical subcoupler comprising one input port and P output ports, T, S, Q, and P are all positive integers, N=SxT, and M=Q×P, wherein: output ports of the T Sx1 optical subcouplers are respectively connected to the T input ports of the Tx1 optical subcoupler, the output port of the Tx1 optical subcoupler is connected to the input port of the 1×Q optical subcoupler, and the Q output ports of the 1xQ optical subcoupler are respectively connected to input ports of the Q 1xP optical subcouplers (as disclosed by Gadkari) in the system disclosed by Chen. The suggestion/motivation would have been to use splitter/couplers that are available to use splitter couplers that are easier to manufacturer with uniform tolerances. Furthermore, the proposed modification represents the simple substitution of one component with other components that perform the same function with predictable results.
Chen and Gadkari are from the same art with respect to optical communication, and are therefore analogous art.
Regarding Claim 14, Chen does not expressly disclose wherein the coupling structure comprises: T Sx1 optical subcouplers comprising S input ports and one output port, and one Tx1 optical subcoupler comprising T input ports and one output port; the broadcast structure comprises one 1×Q optical subcoupler comprising one input port and Q output ports, and Q 1xP optical subcouplers comprising one input port and P output ports; and T, S, Q, and P are all positive integers, N=SxT, M=Q×P, output ports of the T Sx1 optical subcouplers are respectively connected to the T input ports of the Tx1 optical subcoupler, the output port of the Tx1 optical subcoupler is connected to the input port of the 1×Q optical subcoupler, and the Q output ports of the 1×Q optical subcoupler are respectively connected to input ports of the Q 1xP optical subcouplers.
Gadkari discloses that a 1xn coupler/splitter can be realized as a cascade of splitters with a lesser split (¶ 13.) For example, a 1x32 splitter is the functional equivalent of a 1x4 splitter connected with four 1x8 splitters (¶ 13.)
Before the filing date of the instant application, it would have been obvious for a person of ordinary skill in the art to use T Sx1 optical subcouplers comprising S input ports and one output port, and one Tx1 optical subcoupler comprising T input ports and one output port; the broadcast structure comprises one 1×Q optical subcoupler comprising one input port and Q output ports, and Q 1xP optical subcouplers comprising one input port and P output ports; and T, S, Q, and P are all positive integers, N=SxT, M=Q×P, output ports of the T Sx1 optical subcouplers are respectively connected to the T input ports of the Tx1 optical subcoupler, the output port of the Tx1 optical subcoupler is connected to the input port of the 1×Q optical subcoupler, and the Q output ports of the 1×Q optical subcoupler are respectively connected to input ports of the Q 1xP optical subcouplers (as disclosed by Gadkari) in the system disclosed by Chen. The suggestion/motivation would have been to use splitter/couplers that are available to use splitter couplers that are easier to manufacturer with uniform tolerances. Furthermore, the proposed modification represents the simple substitution of one component with other components that perform the same function with predictable results.
Claim(s) 5, 15, and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over United States Patent Application Publication 2013/0051802 A1 Chen et al. and United States Patent 7,466,919 B1 to Birk et al.
Regarding Claim 5, Chen does not expressly disclose wherein the communication system further comprises a first light source pool shared by the N transmitters, each of the transmitters being further configured to perform modulation using an optical signal provided by the first light source pool to obtain the first optical signal.
Birk discloses a first light source pool shared by the N transmitters, each of the transmitters being further configured to perform modulation using an optical signal provided by the first light source pool to obtain the first optical signal (Fig. 3A, ASE source (305) for modulation by N transmitters).
Before the filing date of the instant application, it would have been obvious for a person of ordinary skill in the art to use a first light source pool shared by the N transmitters, each of the transmitters being further configured to perform modulation using an optical signal provided by the first light source pool to obtain the first optical signal (as disclosed by Birk) in the system disclosed by Chen. The suggestion/motivation would have been to use a single inexpensive source rather than n sources.
Birk is from the same art with respect to optical communication, and is therefore analogous art.
Regarding Claim 15, Chen does not expressly disclose wherein an optical amplifier is connected in series between at least on pair of connected optical subcouplers.
Birk discloses wherein an optical amplifier is connected in series between at least on pair of connected optical subcouplers (Fig. 3a; claim 2, amplifier inserted to amplify the combined signal before passive splitting.)
Before the filing date of the instant application, it would have been obvious for a person of ordinary skill in the art to use an optical amplifier connected in series between at least on pair of connected optical subcouplers (as disclosed by Birk) in the system disclosed by Chen. The suggestion/motivation would have been to overcome the high loss of passing an NxM coupler especially when N and M are high.
Regarding Claim 17, Chen does not expressly disclose performing, by each of the transmitters, modulation using an optical signal provided by a first light source pool to obtain the first optical signal, wherein the first light source pool is a light source pool shared by the N transmitters.
Birk discloses performing, by each of the transmitters, modulation using an optical signal provided by a first light source pool to obtain the first optical signal, wherein the first light source pool is a light source pool shared by the N transmitters (Fig. 3a, source used as pool for the N transmitters.)
Before the filing date of the instant application, it would have been obvious for a person of ordinary skill in the art to perform by each of the transmitters, modulation using an optical signal provided by a first light source pool to obtain the first optical signal, wherein the first light source pool is a light source pool shared by the N transmitters (as disclosed by Birk) in the system disclosed by Chen. The suggestion/motivation would have been to use a single inexpensive source rather than n sources.
Allowable Subject Matter
Claims 6, 9, 10, and 18 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
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 DANIEL G DOBSON whose telephone number is (571)272-9781. The examiner can normally be reached M-F 8-5 EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kenneth Vanderpuye can be reached at 5712723078. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DANIEL G DOBSON/ Primary Examiner, Art Unit 2634
06/27/2026
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