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
Examiner acknowledges receipt of Applicant’s Amendments, remarks, arguments received on 03/16/2026. Applicant's arguments have been considered but are moot in view of the new ground(s) of rejection.
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 obviousness-type 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); and 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 a nonstatutory double patenting ground provided the conflicting application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement.
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
Claims 1, 11 are provisionally rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1,12 of copending Application No. 18/467,149. Although the conflicting claims are not identical, they are not patentably distinct from each other because Claims 1, 11 of the present application are an obvious subset of the limitations presented in claims 1,12 of copending Application No. 18/351,252.
This is a provisional obviousness-type double patenting rejection.
The following table illustrates the conflicting claim pairs:
Present Application
1
10
11
App. No.
18/351,252
1
1
12
The following table illustrates a mapping of the limitations of claim 1 of the present application when compared against the limitations of claim 1 of copending Application No. 18/351,252. The differences have been bolded for purposes of clarity.
Claim 1 of Present Application
Claim 1 of copending Application No. 18/351,252
1. (Currently Amended) A fiber-to-coaxial tap device (FTD) comprising:
1. A system comprising: a first fiber-to-coaxial tap device (FTD) comprising:
a housing;
a first housing;
a plurality of coaxial connectors, the coaxial connectors operable to be communicatively coupled to corresponding ones of a plurality of cable modems via a corresponding plurality of drop coaxial cables;
a first plurality of coaxial connectors, the coaxial connectors operable to be communicatively coupled to corresponding ones of a first plurality of subscriber cable modems via a corresponding plurality of drop coaxial cables;
a fiber connector operable to be coupled to a fiber node via a fiber cable;
a first fiber connector operable to be coupled to a fiber node via a first fiber cable;
and circuitry inside the housing and operable to: receive power via a first drop coaxial cable of the plurality of drop coaxial cables; receive, via each coaxial connector of the plurality of coaxial connectors, radio frequency (RF) signals data originating from a corresponding cable modem;
and first processing circuitry within the first housing and operable to: receive, via each coaxial connector of the first plurality of coaxial connectors, first analog radio frequency (RF) signals originating from a corresponding originating subscriber cable modem;
demodulate the RF signals to generate digital data comprising packetized data;
demodulate the first analog RF signals to generate first digital data;
generate first digital packets comprising the first digital data, wherein the first digital packets include a first source address that corresponds to the corresponding originating subscriber cable modem;
and optically transmit the digital data to the fiber node via the fiber cable.
and transmit the first digital packets to the fiber node via first digital optical signals.
As the table above illustrates, all the limitations of claim 1 of the present application are taught by claim 1 of copending Application No. 18/351,252.
Thus, claim 1 of the present application would have been obvious to one of ordinary skill in the art at the time of the invention in view of claim 1 of copending Application No. 18/351,252, as anticipation of all limitations is tantamount to obviousness.
The following table illustrates a mapping of the limitations of claim 11 of the present application when compared against the limitations of claim 12 of copending Application No. 18/351,252. The differences have been bolded for purposes of clarity.
Claim 11 of Present Application
Claim 12 of copending Application No. 18/351,252
11. (Currently Amended) A method comprising:
12. A method comprising:
receiving, by a fiber-to-coaxial tap device (FTD) comprising a housing and a plurality of coaxial connectors communicatively coupled to corresponding ones of a plurality of cable modems via a corresponding plurality of drop coaxial cables, power via a first drop coaxial cable of the plurality of drop coaxial cables; receiving, by circuitry inside the housing, via each coaxial connector of the plurality of coaxial connectors, radio frequency (RF) signals data originating from a corresponding cable modem, wherein the FTD is communicatively coupled to a fiber node via a fiber cable;
receiving, at a fiber-to-coaxial tap device (FTD) comprising a housing and a plurality of coaxial connectors communicatively coupled to corresponding ones of a plurality of subscriber cable modems via a corresponding plurality of drop coaxial cables, by circuitry inside the housing via each coaxial connector of the plurality of coaxial connectors, first analog radio frequency (RF) signals originating from a corresponding originating subscriber cable modem,
wherein the FTD is communicatively coupled to a fiber node via a fiber cable;
demodulating, by the circuitry, the RF signals to generate digital data comprising packetized data;
demodulating, by the FTD, the first analog RF signals to generate first digital data; generating, by the FTD, first digital packets comprising the first digital data, wherein the first digital packets include a first source address that corresponds to the corresponding originating subscriber cable modem;
and optically transmitting, by the circuitry, the digital data to the fiber node via the fiber cable.
and transmitting, by the FTD, the first digital packets to the fiber node via digital optical signals.
As the table above illustrates, all the limitations of claim 11 of the present application are taught by claim 12 of copending Application No. 18/351,252.
Thus, claim 11 of the present application would have been obvious to one of ordinary skill in the art at the time of the invention in view of claim 12 of copending Application No. 18/351,252, as anticipation of all limitations is tantamount to obviousness.
Claim 10 is provisionally rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1 and 8 of copending Application No. 18/351,252 in view of Totten et al.(US 2017/0141845).
The following table illustrates a mapping of the limitations of claim 10 of the present application when compared against the limitations of claim 1 of copending Application No. 18/351,252. The differences have been bolded for purposes of clarity.
Claim 10 of Present Application
Claim 1 of copending Application No. 18/351,252
10. (Currently Amended) A fiber-to-coaxial tap device (FTD) comprising:
1. A system comprising: a first fiber-to-coaxial tap device (FTD) comprising:
a housing;
a first housing;
a plurality of coaxial connectors, the coaxial connectors operable to be communicatively coupled to corresponding ones of a plurality of cable modems via a corresponding plurality of drop coaxial cables;
a first plurality of coaxial connectors, the coaxial connectors operable to be communicatively coupled to corresponding ones of a first plurality of subscriber cable modems via a corresponding plurality of drop coaxial cables;
a fiber connector operable to be coupled to a fiber node via a fiber cable;
a first fiber connector operable to be coupled to a fiber node via a first fiber cable;
a hardline coaxial connector operable to be communicatively coupled to a hardline coaxial cable extending between the FTD and an upstream device;
and circuitry inside the housing and operable to: receive power via the hardline coaxial cable; receive, via each coaxial connector of the plurality of coaxial connectors, radio frequency (RF) signals data originating from a corresponding cable modem;
and first processing circuitry within the first housing and operable to: receive, via each coaxial connector of the first plurality of coaxial connectors, first analog radio frequency (RF) signals originating from a corresponding originating subscriber cable modem;
demodulate the RF signals to generate digital data comprising packetized data;
demodulate the first analog RF signals to generate first digital data; generate first digital packets comprising the first digital data, wherein the first digital packets include a first source address that corresponds to the corresponding originating subscriber cable modem;
and optically transmit the digital data to the fiber node via the fiber cable.
and transmit the first digital packets to the fiber node via first digital optical signals.
As the table above illustrates, the only limitations not taught by claim 1 of App. No. 18/351,252 are
“a hardline coaxial connector operable to be communicatively coupled to a hardline coaxial cable extending between the FTD and an upstream device.”
However, Totten teaches a hardline coaxial connector operable to be communicatively coupled to a hardline coaxial cable extending between the FTD and an upstream device(See Paragraph 17, 18,21,fig. 2 i.e. a hardline coaxial connector(193) operable to be communicatively coupled to a hardline coaxial cable(163b) extending between the FTD(180) and an upstream device(110)).
All the elements of claim 10 are known in claim 1 of App. No. 11/797,477 in view of Spencer, the only difference is the combination of known elements into a single system and method.
Thus, it would have been obvious to one of ordinary skill in the art at the time of the invention to include in US App No 18/351,252 and have a hardline coaxial connector operable to be communicatively coupled to a hardline coaxial cable extending between the FTD and an upstream device, as taught by Totten, thus improving transmission signal quality by reducing signal loss and electromagnetic interference using a hardline coaxial cable, as discussed by Totten (Paragraph 19).
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 of this title, 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 1,2,7,11,12,17 are rejected under 35 U.S.C. 103 as being unpatentable over Shurki et al (US 2018/0331767 A1) in view of Farmer et al.(US 8,396,369).
Considering Claim 1 Shurki discloses a fiber-to-coaxial tap device (FTD) comprising: a housing(See Paragraph 36, fig. 2 i.e. a housing(11)); a plurality of coaxial connectors(See Paragraph 44, fig. 2 i.e. a plurality of coaxial connectors(19)), the coaxial connectors operable to be communicatively coupled to corresponding ones of a plurality of cable modems via a corresponding plurality of drop coaxial cables(See Paragraph 6,75,76, fig. 2,10a,10b i.e. the coaxial connectors(19) operable to be communicatively coupled to corresponding ones of a plurality of cable modems(42) via a corresponding plurality of drop coaxial cables(39,45); a fiber connector operable to be coupled to a fiber node via a fiber cable(See Paragraph 36, fig. 1,2,10a i.e. a fiber connector(HFOC)(12 of fig. 2) operable to be coupled to a fiber node(ODN) via a fiber cable(101 of fig. 1)); and circuitry inside the housing(See Paragraph 36, fig. 2 i.e. circuitry which is ONU(13) inside the housing(11)) and operable to: receive power via a first drop coaxial cable of the plurality of drop coaxial cables(See Paragraph 36, fig. 2 i.e. circuitry(13) operable to receive power from a power sourcing management unit(PSMU) via a first drop coaxial cable(14) of the plurality of drop coaxial cables); receive, via each coaxial connector of the plurality of coaxial connectors, signals originating from a corresponding cable modem(See Paragraph 37,76, fig. 10 i.e. circuitry which is ONU(13) operable to receive, via each coaxial connector(19) of the plurality of coaxial connectors(19), signals originating from a corresponding cable modem(VDSL)(42)); and optically transmit the data to the fiber node via the fiber cable(See Paragraph 36,41,64 fig. 1,10a i.e. optically transmit the data to the fiber node(ODN)(1) via the fiber cable(101)).
Shurki does not explicitly disclose receive, radio frequency (RF) signals originating from a corresponding cable modem; demodulate the RF signals to generate digital data comprising packetized data; and optically transmit the digital data to the fiber node via the fiber cable.
Farmer teaches receive radio frequency (RF) signals originating from a corresponding cable modem(See Col. 11 lines 5-10, fig. 2b,3b i.e. circuitry which is ONU(105) configured to receive via coaxial cable network(11) upstream radio frequency (RF) signals originating from a corresponding cable modem(108)); demodulate the RF signals to generate digital data comprising packetized data(See Col. 9 line 60- Col. 10 line 9, Col. 14 line 63-Col. 15 line 10, fig. 3b,4b i.e. circuitry which is ONU(105) has a digital return equipment(405) configured to demodulate the RF signals received from the triplexer(204) to generate digital data comprising packetized data); and optically transmit the digital data to the fiber node via the fiber cable(See Col. 10 lines 1-10, Col. 15 line 35-38, fig. 4a,4b i.e. circuitry(105) to optically transmit the upstream digital data(via upstream transmitter(203b) and WDM transmitter(103) of fig. 4b) to the fiber node(which is headend(110 of fig. 4a)) via the fiber cable(150 of fig. 4a)).
It would have been obvious to one of ordinary skilled in the art before the effective filing date of the invention to modify the invention of Shurki, and have a radio frequency (RF) signals originating from a corresponding cable modem to be received; the RF signals to be demodulated to generate digital data comprising packetized data; and optically to transmit the digital data to the fiber node via the fiber cable, as taught by Farmer, thus improving transmission signal quality by minimizing interference, improve signal to noise ratio by transmitting signals using optical digital data transmission.
Considering Claim 2 Shurki and Farmer disclose the FTD of claim 1 wherein the circuitry is operable to receive power via each drop coaxial cable of the plurality of drop coaxial cables(See Shurki: Paragraph 36, fig. 2 i.e. the circuitry(13) is operable to receive power via each drop coaxial cable(14) of the plurality of drop coaxial cables(14)).
Considering Claim 7 Shurki and Farmer disclose the FTD of claim 1 wherein the circuitry is operable to receive power concurrently via each drop coaxial cable of the plurality of drop coaxial cables(See Shurki: Paragraph 36, fig. 2 i.e. the circuitry(13) is operable to receive power concurrently via each drop coaxial cable(14) of the plurality of drop coaxial cables(14)).
Claim 11 is rejected for the same reason as in claim 1.
Claim 12 is rejected for the same reason as in claim 2.
Claim 17 is rejected for the same reason as in claim 7.
Claims 8,10,18 are rejected under 35 U.S.C. 103 as being unpatentable over Shurki et al.(US 20180331767 A1) in view of Totten et al.(US 2017/0141845) further in view of Farmer et al.(US 8,396,369).
Considering Claim 8 Shurki does not explicitly disclose the FTD of claim 1 further comprising a hardline coaxial connector operable to be communicatively coupled to a hardline coaxial cable extending between the FTD and an upstream device, and wherein the circuitry is further operable to receive power via the hardline coaxial cable.
Totten teaches the FTD of claim 1 further comprising a hardline coaxial connector operable to be communicatively coupled to a hardline coaxial cable extending between the FTD and an upstream device, and wherein the circuitry is further operable to receive power via the hardline coaxial cable(See Paragraph 17, 18,21,fig. 2 i.e. a hardline coaxial connector(193) operable to be communicatively coupled to a hardline coaxial cable(190) extending between the FTD(180) and an upstream device(110), and wherein the circuitry(187) is further operable to receive power via the hardline coaxial cable(163b)).
It would have been obvious to one of ordinary skilled in the art before the effective filing date of the invention to modify the invention of Shurki, and have a hardline coaxial connector operable to be communicatively coupled to a hardline coaxial cable extending between the FTD and an upstream device, and wherein the circuitry to be further operable to receive power via the hardline coaxial cable, as taught by Totten, thus improving transmission signal quality by reducing signal loss and electromagnetic interference using a hardline coaxial cable, as discussed by Totten (Paragraph 19).
Considering Claim 10 Shurki discloses a fiber-to-coaxial tap device (FTD) comprising: a housing(See Paragraph 36, fig. 2 i.e. a housing(11)); a plurality of coaxial connectors(See Paragraph 44, fig. 2 i.e. a plurality of coaxial connectors(19)), the coaxial connectors operable to be communicatively coupled to corresponding ones of a plurality of cable modems via a corresponding plurality of drop coaxial cables(See Paragraph 6,75,76, fig. 10a,10b i.e. the coaxial connectors(19) operable to be communicatively coupled to corresponding ones of a plurality of cable modems(42) via a corresponding plurality of drop coaxial cables(39,45); a fiber connector operable to be coupled to a fiber node via a fiber cable(See Paragraph 36, fig. 2,10a i.e. a fiber connector(HFOC)(12 of fig. 2) operable to be coupled to a fiber node(ODN) via a fiber cable(101 of fig. 1)); and circuitry inside the housing(See Paragraph 36, fig. 2 i.e. circuitry which is ONU(13) inside the housing(11)) and operable to: receive power via the hardline coaxial cable(See Paragraph 36, fig. 2 i.e. circuitry(13) operable to receive power from a power sourcing management unit(PSMU) via a first drop coaxial cable(14) of the plurality of drop coaxial cables); receive, via each coaxial connector of the plurality of coaxial connectors, signals originating from a corresponding cable modem(See Paragraph 37,76, fig. 10 i.e. circuitry which is ONU(13) operable to receive, via each coaxial connector(19) of the plurality of coaxial connectors(19), signals originating from a corresponding cable modem(VDSL)(42)); and optically transmit the data to the fiber node via the fiber cable(See Paragraph 36,41,64 fig. 1,10a i.e. optically transmit the data to the fiber node(ODN)(1) via the fiber cable(101)).
Shurki does not explicitly disclose a hardline coaxial connector operable to be communicatively coupled to a hardline coaxial cable extending between the FTD and an upstream device.
Totten teaches a hardline coaxial connector operable to be communicatively coupled to a hardline coaxial cable extending between the FTD and an upstream device(See Paragraph 17, 18,21,fig. 2 i.e. a hardline coaxial connector(193) operable to be communicatively coupled to a hardline coaxial cable(163b) extending between the FTD(180) and an upstream device(110)).
It would have been obvious to one of ordinary skilled in the art before the effective filing date of the invention to modify the invention of Shurki, and have a hardline coaxial connector operable to be communicatively coupled to a hardline coaxial cable extending between the FTD and an upstream device, as taught by Totten, thus improving transmission signal quality by reducing signal loss and electromagnetic interference using a hardline coaxial cable, as discussed by Totten (Paragraph 19).
Shurki and Totten do not explicitly disclose receive, radio frequency (RF) signals originating from a corresponding cable modem; demodulate the RF signals to generate digital data comprising packetized data; and optically transmit the digital data to the fiber node via the fiber cable.
Farmer teaches receive radio frequency (RF) signals originating from a corresponding cable modem(See Col. 11 lines 5-10, fig. 2b,3b i.e. circuitry which is ONU(105) configured to receive via coaxial cable network(11) upstream radio frequency (RF) signals originating from a corresponding cable modem(108)); demodulate the RF signals to generate digital data comprising packetized data(See Col. 9 line 60- Col. 10 line 9, Col. 14 line 63-Col. 15 line 10, fig. 3b,4b i.e. circuitry which is ONU(105) has a digital return equipment(405) configured to demodulate the RF signals received from the triplexer(204) to generate digital data comprising packetized data); and optically transmit the digital data to the fiber node via the fiber cable(See Col. 10 lines 1-10, Col. 15 line 35-38, fig. 4a,4b i.e. circuitry(105) to optically transmit the upstream digital data(via upstream transmitter(203b) and WDM transmitter(103) of fig. 4b) to the fiber node(which is headend(110 of fig. 4a)) via the fiber cable(150 of fig. 4a)).
It would have been obvious to one of ordinary skilled in the art before the effective filing date of the invention to modify the invention of Shurki and Totten, and have a radio frequency (RF) signals originating from a corresponding cable modem to be received; the RF signals to be demodulated to generate digital data comprising packetized data; and optically to transmit the digital data to the fiber node via the fiber cable, as taught by Farmer, thus improving transmission signal quality by minimizing interference, improve signal to noise ratio by transmitting signals using optical digital data transmission.
Claim 18 is rejected for the same reason as in claim 8.
Allowable Subject Matter
Claims 3-6,9,13-16,19,20 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
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 HIBRET A WOLDEKIDAN whose telephone number is (571)270-5145. The examiner can normally be reached 9-5:30.
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/HIBRET A WOLDEKIDAN/Primary Examiner, Art Unit 2635
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