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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Response to Arguments
Applicant's arguments filed Mar 19, 2026 have been fully considered. Some arguments are persuasive and some are not persuasive.
35 USC 112(b).
The rejections under 35 U.S.C. 112(b) are withdrawn in light of the amendments to the claims.
35 USC 103.
The arguments of the rejections under 35 U.S.C. 112(b) are not persuasive. On page 8 Applicant argues:
Regarding the second segment, the cited page 2, left column, third full paragraph
of van der Linden discloses "downstream 8 PAM, time interleaved with 2- and 4-PAM."
Further regarding the same, the cited Fig. 2(b) discloses "received trace of time-
interleaved OOK, 4-PAM, and 8-PAM." This does not disclose the feature "wherein the
second segment is transmitted between the first segment and the third segment"
because at least, the cited portions of van der Linden do not disclose an order to
transmitted segments.
Applicant argues that Van der Linden does not disclose an order to the transmitted segments. The Examiner disagrees. As discussed on page 6 of the previous Action, Van der Linden at page 1, right col., 1st full paragraph teaches a “flexible modulation scheme” in which the PON may operate using different modulation formats (e.g., 2-PAM, 4-PAM, 8-PAM) for different ONUs.
Therefore, we propose a flexible modulation scheme, where in parts of the PON, OOK modulation is used, but in the better parts, a more comprehensive pulse amplitude modulation (PAM) is used, in particular, 4- and 8-level PAM. This enables the network operator access to various benefits, such as doubling or tripling the data rate for the better-positioned PAM-capable optical network units (ONUs), while maintaining the data rate for those ONUs that only support OOK. Thus, this provides the ability to deliver premium services to select (business) users requiring a higher data rate than the rest of the network. Alternatively, another benefit is keeping the same data rate for PAM-capable ONUs but using shorter time slots, thereby allowing longer time slots for the OOK ONUs and thus reducing the congestion probability.
In other words, Van der Linden teaches that different ONUs can operate with different modulation formats. As a result, different modulation formats are transmitted to different ONUs. The ordering of the formats vary depending on the order of transmission to the different ONUs. From this it would have been obvious to one of ordinary skill that any ordering of the formats may be used to accommodate the different formats used with the different ONUs.
In addition to these teachings, as discussed on pages 6-7 of the previous Action, Van der Linden at FIG. 2(b) illustrates an example of time-interleaved 2-PAM, 4-PAM, 8-PAM modulation formats (see bottom right of FIG. 2) with 2-PAM first (far right), followed by 8-PAM (middle), followed by 4-PAM (right).
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One of ordinary skill would have known that an OLT can make more than one set of transmissions to the ONUs. As a result, it would have been obvious to continue transmissions to the ONUs, in which case the transmission sequence would be 2-PAM, 8-PAM, 4-PAM, 2-PAM, 8-PAM, 4-PAM, etc. In other words, from the example in FIG. 2, the 2-PAM format is between the 4-PAM format and the 8-PAM format.
In the paragraph spanning pages 8-9, Applicant argues:
In fact, on page 7 of the Office Action, the Office admits "it [the second segment
transmitted between the first segment and the third segment] is not explicitly taught."
However, Applicants disagree with the Office's following assertion that "it would have
been obvious that the transmission pattern illustrated in FIG. 2(b) can continue, in
which case the 2-PAM format will be transmitted between 4-PAM and 8-PAM."
Applicants disagree, because the van der Linden fails to disclose any particular ordering.
The mere fact that references can be combined or modified does not render the resultant
combination obvious unless the results would have been predictable to one of ordinary
skill in the art. See MPEP § 2143.01(III). The Office Action does not demonstrate that
the results of modifying van der Linden would have been predictable to a person having
ordinary skill in the art. Accordingly, the "second segment is transmitted between the
first segment and the third segment" as recited by claim 1 would not have been obvious
to a person having ordinary skill in the art.
As discussed above, Van der Linden teaches that the ordering of the formats can vary depending on the order the transmissions are made to different ONUs. From this, the ordering of formats recited in the claim would have been obvious (see the discussion above). See also the discussion above of the embodiment illustrated in FIG. 2.
Applicant’s arguments that the results of the modification would not have been predictable is not persuasive. Van der Linden is clear that different formats can be used for different ONUs. From these teachings, it is extremely predictable that different combinations of ONUs can result in the use of the formats in different orders.
On page 9 Applicant argues:
Regarding the sets, the cited FIG. 2 merely discloses "(a) Experimental setup; (b)
received trace of time-interleaved OOK, 4-PAM, and 8-PAM; (c) eye diagram of 4-PAM
after 20km; and eye diagram of 8-PAM after 20km." Applicants disagree that the Office
Action's assertions that "2-PAM, 4-PAM, and 8-PAM modulation formats each comprise
different sets of constellation points," "2-PAM constellation points are an intersection of
8-PAM and 4-PAM," and "2-PAM constellation points is an intersection of the
constellation points of 8-PAM and 4-PAM" disclose the features the "second segment of
a second modulation format" wherein "the second segment is transmitted between the
first segment and the third segment" wherein the "second modulation format comprises
a second set of constellation points" and wherein "the second set is comprised in an
intersection of the first set and the third set, wherein the first set and the third set differ
by at least one constellation point" as recited by claim 1 at least because, as previously
mentioned, van der Linden does not disclose an order to the transmitted segments.
Consequently, van der Linden cannot disclose the second set "comprised in an
intersection of the first set and the third set, wherein the first set and the third set differ
by at least one constellation point."
As discussed above, Van der Linden teaches that different formats can be used for different ONUs, and Van der Linden at FIG. 2 illustrates an embodiment with an order of transmitted segments. See the discussion above. Furthermore, as discussed in the previous Action on page 6, Van der Linden teaches the use of 2-PAM, 4-PAM, and 8-PAM modulation, and 2-PAM constellation points are an intersection of the constellation points of 8-PAM and 4-PAM.
Claim Rejections - 35 USC §103 - Obvious
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1, 2, 4, 9, and 11 is/are rejected under 35 U.S.C. 103 as obvious over the paper by R. van der Linden entitled “Increasing Flexibility and Capacity in Real PON Deployments by Using 2/4/8-PAM Formats”
Regarding claim 1, van der Linden teaches a method for use in an optical line terminal transmitting segments over a passive optical network (FIG. 2: OLT transmitting to ONU; see title and abstract), wherein the transmission is organized in segments (p1, right col. 1st full para: “a flexible modulation scheme, where in parts of the PON, OOK modulation is used, but in the better parts, a more comprehensive pulse amplitude modulation (PAM) is used, in particular, 4- and 8-level PAM.”), and wherein the method comprises
transmitting a first segment of a first modulation format, a second segment of a second modulation format and a third segment of a third modulation format (p1, right col. 1st full para: “a flexible modulation scheme, where in parts of the PON, OOK modulation is used, but in the better parts, a more comprehensive pulse amplitude modulation (PAM) is used, in particular, 4- and 8-level PAM.”),
wherein the second segment is transmitted between the first segment and the third segment (FIG. 2(b): time-interleaved 2-PAM, 4-PAM, and 8-PAM modulation formats; p 2, left col, 3rd full para: “downstream 8-PAM, time interleaved with 2- and 4-PAM”),
wherein the first modulation format comprises a first set of constellation points, wherein the second modulation format comprises a second set of constellation points, wherein the third modulation format comprises a third set of constellation points (FIG. 2: 2-PAM, 4-PAM, and 8-PAM modulation formats each comprise different sets of constellation points),
wherein the second set is comprised in an intersection of the first set and the third set (FIG. 2: 2-PAM constellation points are an intersection of 8-PAM and 4-PAM),
wherein the first set and the third set differ by at least one constellation point.
FIG. 2 is reproduced for reference.
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Van der Linden teaches that the PON may operate using different modulation formats (e.g., 2-PAM, 4-PAM, and 8-PAM) for different ONUs and different parts of the PON. See, for example, p1, right col. 1st full para:
Therefore, we propose a flexible modulation scheme, where in parts of the PON, OOK modulation is used, but in the better parts, a more comprehensive pulse amplitude modulation (PAM) is used, in particular, 4- and 8-level PAM. This enables the network operator access to various benefits, such as doubling or tripling the data rate for the better-positioned PAM-capable optical network units (ONUs), while maintaining the data rate for those ONUs that only support OOK. Thus, this provides the ability to deliver premium services to select (business) users requiring a higher data rate than the rest of the network. Alternatively, another benefit is keeping the same data rate for PAM-capable ONUs but using shorter time slots, thereby allowing longer time slots for the OOK ONUs and thus reducing the congestion probability.
FIG. 2(b) illustrates time-interleaved 2-PAM, 4-PAM, and 8-PAM modulation formats (see the caption to FIG. 2). In other words, this teaches to transmit different segments with different modulation formats.
Regarding the second set of constellation points comprised of an intersection of the first and third sets of constellation points, the Examiner notes that the set of 2-PAM constellation points is an intersection of the constellation points of 8-PAM and 4-PAM.
Regarding the second segment being transmitted between the first and third segments, this would have been obvious. FIG. 2(b) illustrates a transmission sequence of 2-PAM, 8-PAM, and 4-PAM. Although it is not explicitly taught, it would have been obvious that the transmission pattern illustrated in FIG. 2(b) can continue, in which case the 2-PAM format will be transmitted between 4-PAM and 8-PAM. For example, when continuing the sequence in FIG. 2(b), the transmission sequence would be: 2-PAM, 8-PAM, 4-PAM, 2-PAM, 8-PAM, etc.
Regarding claim 2, van der Linden teaches the method according to claim 1, wherein the method comprises using a first mode of operation for transmitting the first segments, using a second mode of operation for transmitting the third segment, switching from the first mode of operation to the second mode of operation during the transmission of the second segment.
As discussed in claim 1, van der Linden teaches transmitting the first, second, and third segments having first, second, and third modulation formats. Transmitting different modulation formats is within the scope of operating in different modes of operation.
Switching between the different modulation formats is also switching between different modes of operation. Regarding switching from the first modulation format to the third modulation format during the transmission of the second modulation format, this would have been obvious. In other words, the switch from the first modulation format to the third modulation format happens in the time between the two (i.e., during the second modulation format). See also FIG. 2(b) which is reproduced in claim 1.
Regarding claim 4, van der Linden teaches the method according to claim 1, wherein the method comprises applying the transmitting depending on a requirement of a receiver.
Van der Linden teaches that different conditions exist in different parts of the network. See, for example, p. 1, the paragraph spanning the left and right cols.:
Current passive optical networks (PONs) use a single static modulation format throughout the network. The most common standardized PONs deploy a time division multiplexed (TDM) architecture with aggregated data rates up to 10 Gbps with on–off keying (OOK) modulation. At the same time, the industry sees the need for more flexibility in the network [1]. The operating conditions within a PON are not uniform. In parts of the network, where conditions are better (e.g., lower losses), a more comprehensive modulation format may be used, yielding a higher data throughput while keeping the symbol rate uniform across the whole PON.
In other words, receivers in different parts of the network will have different requirements based in the local network conditions. Van der Linden also teaches that different modulation formats can be used depending on the different requirements of the different parts of the network. See p. 1, right col., 1st full para:
Therefore, we propose a flexible modulation scheme, where in parts of the PON, OOK modulation is used, but in the better parts, a more comprehensive pulse amplitude modulation (PAM) is used, in particular, 4- and 8-level PAM. This enables the network operator access to various benefits, such as doubling or tripling the data rate for the better-positioned PAM-capable optical network units (ONUs), while maintaining the data rate for those ONUs that only support OOK. Thus, this provides the ability to deliver premium services to select (business) users requiring a higher data rate than the rest of the network. Alternatively, another benefit is keeping the same data rate for PAM-capable ONUs but using shorter time slots, thereby allowing longer time slots for the OOK ONUs and thus reducing the congestion probability.
In other words, van der Linden teaches using different modulation formats depending on the requirements of the receivers (e.g., different formats are used based on the conditions of the network where each receiver is located).
Regarding claim 9, van der Linden teaches a method of receiving segments of a downstream transmission in a passive optical network, wherein the method comprises
receiving a first segment of a first modulation format, a second segment of a second modulation format and a third segment of a third modulation format,
using a first mode of operation for receiving the first segments,
using a second mode of operation for receiving the third segment,
switching from the first mode of operation to the second mode of operation during receiving the second segment,
wherein the first modulation format comprises a first set of constellation points,
wherein the second modulation format comprises a second set of constellation points,
wherein the third modulation format comprises a third set of constellation points,
wherein the second set is comprised in an intersection of the first set and the third set,
wherein the first set and the third set differ by at least one constellation point.
This is a method claim corresponding to the reception of the signals generated by the transmission method of claim 1. This claim corresponds to the operation of an ONU in the system taught by van der Linden. See, for example, the ONU in FIG. 2 of van der Linden.
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Van der Linden teaches that the ONUs receive all of the transmitted segments discussed in claim 1. See p. 3, the paragraphs spanning the left and right cols:
Taking advantage of the structure of a flexible PON where multiple modulation formats coexist, we propose to replace the training sequence in a data-aided equalizer with already available decoded data of lower-order modulation formats. In a power splitter-based PON, all the ONUs receive all the downstream traffic. Given the relative received optical power sensitivities of 2/4/8-PAM, an ONU that is capable of receiving 8-PAM after equalization will receive OOK and 4-PAM virtually error free before equalization. Therefore, the decoded stream of OOK and 4-PAM packets can function as a training sequence for the equalizer, allowing for correct convergence without additional training overhead. Depending on the specific loss distribution in the PON, not all modulation formats might be actively used. However, OOK is always used in the header of the different packets, thereby guaranteeing the availability of OOK signals to train the equalizer.
In other words, the first, second, and third segments with first, second, and third modulation formats (as discussed in claim 1) will be received by the ONUs.
As discussed in claim 1, van der Linden teaches transmitting the first, second, and third segments having first, second, and third modulation formats (e.g., 2-PAM, 4-PAM, and 8-PAM). Receiving these different modulation formats would obviously require different modes of operation (e.g., implementing different decision thresholds for the different PAM formats).
As discussed in claim 1, van der Linden teaches the use of the first, second, and third sets of constellations as recited in the claim.
Regarding claim 11, van der Linden teaches the method according to claim 9, wherein the method comprises using a first set of decision thresholds in the first mode of operation, and using a second set of decision thresholds in the second mode of operation.
Van der Linden teaches the use of different PAM modulation formats. As a result, it would have been obvious that different decision thresholds are used for the different formats. For example, a 4-PAM modulation format will require a different decision thresholds than a 2-PAM modulation format, which will require different decision thresholds than 8-PAM. See FIGS. 2(c) and 2(d) of Van der Linden.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over the art as applied to claim 1 above, and further in view of US 2011/0239084 (Abbasfar).
Regarding claim 3, van der Linden teaches the method according to claim 1,
wherein the second modulation format corresponds to a two-level pulse amplitude modulation, and
wherein either
the first modulation format corresponds to a four-level pulse amplitude modulation and the third modulation format corresponds to a three-level pulse amplitude modulation, or
wherein the first modulation format corresponds to a three-level pulse amplitude modulation and the third modulation format corresponds to a four-level pulse amplitude modulation.
Van der Linden teaches the use of 2-PAM, 4-PAM, and 8-PAM modulation formats. However, other forms of PAM were known. See, for example, Abbasfar:
[0066] Moreover, the modulation coding may include spread-spectrum encoding, for example, coding based on: binary pseudorandom sequences (such as maximal length sequences or m-sequences), Gold codes, and/or Kasami sequences. In general, the modulation coding may include: amplitude modulation, phase modulation, and/or frequency modulation, such as pulse-amplitude modulation (PAM), pulse-width modulation, and/or pulse-code modulation. For example, the modulation coding may include: two-level pulse-amplitude modulation (2-PAM), three-level pulse-amplitude modulation (3-PAM), four-level pulse-amplitude modulation (4-PAM), eight-level pulse-amplitude modulation (8-PAM), sixteen-level pulse-amplitude modulation (16-PAM), two-level on-off keying (2-OOK), four-level on-off keying (4-OOK), eight-level on-off keying (8-OOK), and/or sixteen-level on-off keying (16-OOK).
In other words, Abbasfar teaches that 2-PAM, 3-PAM, and 4-PAM (among others) were known modulation formats.
It would have been obvious that that modulation formats taught in van der Linden can be modified to be other known modulation formats, such as 2-PAM, 3-PAM, and 4-PAM as taught in Abbasfar. In particular, both van der Linden and Abbasfar are in the same technical field (e.g., signal communications systems) and the results would have been predictable (e.g., the 2-PAM, 3-PAM, and 4-PAM modulation formats will modulate data in their respective formats).
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over the art as applied to claim 7 above, and further in view of US 2013/0114960 (Goikhman).
Regarding claim 8, van der Linden teaches the apparatus according to claim 7, wherein the apparatus is configured for,
switching from a first mode of operation to a second mode of operation during the transmission of the second segment; and
acquiring a requirement for transmitting the second segment between the first segment and the third segment in order to enable the switching.
Regarding the switching functionality, this would have been obvious from Van der Linden. See the discussion of claim 2.
As discussed in claim 1, van der Linden teaches transmitting the first, second, and third segments (see also FIG. 2b). It would have been obvious that the apparatus is configured to do so, including acquiring requirements for the transmission (e.g., the order in which the segments are transmitted).
The Examiner is of the opinion that this is sufficient. However, in the interests of compact prosecution, Goikhman is also cited. Goikhman teaches that it was known for ONUs to send, and OLTs to receive, a request for transmitting downstream data. See:
[0039] A network unit as described in certain of the embodiments above may be utilized in a variety of systems. For example, in a system operating in an Ethernet Passive Optical Network (EPON) environment, bandwidth allocation is performed using a dynamic bandwidth allocation (DBA) protocol, where report and gate messages are interchanged between an optical line terminal (OLT) (e.g., a server at a central office) and an optical network unit (ONU) (e.g., a computer or a router in a home network of a subscriber). In an EPON system a gate message specifies the available bandwidth and a time slot allocated to an ONU at this allocation cycle. The ONU is configured to transmit its data and a fixed-size report message containing report data for one or more downstream bandwidth requests (e.g., one request for each of one or more threshold values).
It would have been obvious that the ONU and OLT in van der Linden can be implemented in a known manner, such as the OLT receiving a requirement from the ONU for transmitting the second segment (e.g., receiving a message from an ONU requesting bandwidth requiring the downstream segment corresponding to the ONU). In particular, van der Linden and Goikhman are in the same technical field (e.g., communications) and the results would have been predictable.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over the art as applied to claim 9 above, and further in view of US 2011/0239084 (Abbasfar).
Regarding claim 10, van der Linden teaches the method according to claim 9,
wherein the second modulation format corresponds to a two-level pulse amplitude modulation, and
wherein either
the first modulation format corresponds to a four-level pulse amplitude modulation and the third modulation format corresponds to a three-level pulse amplitude modulation, or
wherein the first modulation format corresponds to a three-level pulse amplitude modulation and the third modulation format corresponds to a four-level pulse amplitude modulation.
Van der Linden teaches the use of 2-PAM, 4-PAM, and 8-PAM modulation formats. However, other forms of PAM were known. See, for example, Abbasfar:
[0066] Moreover, the modulation coding may include spread-spectrum encoding, for example, coding based on: binary pseudorandom sequences (such as maximal length sequences or m-sequences), Gold codes, and/or Kasami sequences. In general, the modulation coding may include: amplitude modulation, phase modulation, and/or frequency modulation, such as pulse-amplitude modulation (PAM), pulse-width modulation, and/or pulse-code modulation. For example, the modulation coding may include: two-level pulse-amplitude modulation (2-PAM), three-level pulse-amplitude modulation (3-PAM), four-level pulse-amplitude modulation (4-PAM), eight-level pulse-amplitude modulation (8-PAM), sixteen-level pulse-amplitude modulation (16-PAM), two-level on-off keying (2-OOK), four-level on-off keying (4-OOK), eight-level on-off keying (8-OOK), and/or sixteen-level on-off keying (16-OOK).
In other words, Abbasfar teaches that 2-PAM, 3-PAM, and 4-PAM (among others) were known modulation formats.
It would have been obvious that that modulation formats taught in van der Linden can be modified to be other known modulation formats, such as 2-PAM, 3-PAM, and 4-PAM as taught in Abbasfar. In particular, both van der Linden and Abbasfar are in the same technical field (e.g., signal communications systems) and the results would have been predictable (e.g., the 2-PAM, 3-PAM, and 4-PAM modulation formats will modulate data in their respective formats).
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over the art as applied to claim 9 above, and further in view of US 2013/0114960 (Goikhman).
Regarding claim 12, Goikhman teaches the method according to claim 9, wherein the method comprises sending a requirement for transmitting the second segment between the first segment and the third segment in order to enable the switching.
Goikhman teaches that it was known for ONUs to send a request for transmitting downstream data. See:
[0039] A network unit as described in certain of the embodiments above may be utilized in a variety of systems. For example, in a system operating in an Ethernet Passive Optical Network (EPON) environment, bandwidth allocation is performed using a dynamic bandwidth allocation (DBA) protocol, where report and gate messages are interchanged between an optical line terminal (OLT) (e.g., a server at a central office) and an optical network unit (ONU) (e.g., a computer or a router in a home network of a subscriber). In an EPON system a gate message specifies the available bandwidth and a time slot allocated to an ONU at this allocation cycle. The ONU is configured to transmit its data and a fixed-size report message containing report data for one or more downstream bandwidth requests (e.g., one request for each of one or more threshold values).
In other words, it send a message regarding its required downstream data.
It would have been obvious that the ONU in van der Linden can be implemented in a known manner, such as sending a requirement for transmitting the second segment (e.g., sending a message requesting bandwidth requiring the downstream segment corresponding to the ONU). In particular, van der Linden and Goikhman are in the same technical field (e.g., communications) and the results would have been predictable.
Claim(s) 7 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Van der Linden in view of US 2011/0318021 (Zhou).
Regarding claim 7, Van der Linden teaches an apparatus for transmitting segments for a downstream transmission for a passive optical network (FIG. 2: OLT), the apparatus comprising:
at least one memory configured to store instructions, and
at least one processor configured to execute the instructions and cause the apparatus to perform at least,
transmitting a first segment of a first modulation format, a second segment of a second modulation format and a third segment of a third modulation format,
the transmitting the second segment being between transmitting the first segment and the third segment,
wherein the first modulation format comprises a first set of constellation points,
wherein the second modulation format comprises a second set of constellation points,
wherein the third modulation format comprises a third set of constellation points,
wherein the second set is comprised in an intersection of the first set and the third set,
wherein the first set and the third set differ by at least one constellation point.
This claim is transmitter implementing a method of claim 1. FIG. 2 of van der Linden illustrates the system including the OLT.
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This claim corresponds to an apparatus for implementing the method of claim 9. Van der Linden teaches that the OLT is configured to perform particular functionality. See claim 1 for a more detailed discussion of the teachings of van der Linden regarding the transmitting method of operation.
Furthermore, Zhou at FIG. 8 illustrates a computer system to store instructions in computer-readable memory 808, 810, and for a DSP 806 to execute the instructions to implement desired methods or functionality in an optical communications system.
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See, for example:
[0040] FIG. 8 shows an example of a computational system 802 for performing a multi-stage carrier phase recovery process. One skilled in the art can construct the computational system 802 from various combinations of hardware and software (including firmware). One skilled in the art can construct the computational system 802 from various combinations of electronic components, such as general purpose microprocessors, digital signal processors (DSPs), application-specific integrated circuits (ASICs), field-programmable gate arrays (FPGAs), random access memory, and non-volatile read-only memory.
[0041] Computational system 802 comprises computer 804, which includes a digital signal processor (DSP) 806, memory 808, and data storage device 810. Data storage device 810 comprises at least one non-transitory, persistent, tangible computer readable medium, such as non-volatile semiconductor memory (data storage device 810 can also comprise other non-transitory, persistent, tangible computer readable medium with sufficiently high data transfer rates).
[0042] Computational system 802 further comprises input/output interface 820, which interfaces computer 804 with input/output device 840. Data, including computer executable code can be transferred to and from computer 804 via input/output interface 820. Computational system 802 further comprises digital signal interface A 822, which interfaces computer 804 with digital signal source 842. An example of digital signal source 842 is a DSP that transmits digital signal X.sub.k. Computational system 802 further comprises digital signal interface B 824, which interfaces computer 804 with digital signal receiver 844. An example of digital signal receiver 844 is a DSP that receives decoded symbol .sub.k.sup.(3).
[0043] As is well known, a computer operates under control of computer software, which defines the overall operation of the computer and applications. DSP 806 controls the overall operation of the computer and applications by executing computer program instructions that define the overall operation and applications. The computer program instructions can be stored in data storage device 810 and loaded into memory 808 when execution of the program instructions is desired. The method steps shown in the flowchart in FIG. 7 can be defined by computer program instructions stored in memory 808 or in data storage device 810 (or in a combination of memory 808 and data storage device 810) and controlled by the DSP 806 executing the computer program instructions. For example, the computer program instructions can be implemented as computer executable code programmed by one skilled in the art to perform algorithms implementing the method steps shown in the flowchart in FIG. 7. Accordingly, by executing the computer program instructions, the DSP 806 executes algorithms implementing the method steps shown in the flowchart in FIG. 7.
In other words, it was known to use a processor, memory, and programming to implement desired methods or functionality in an optical communications system.
It would have been obvious that the functionality recited in the claim can be implement in a known manner, such as with memory storing instructions, which, when executed by a processor, cause the processor to perform desired functionality, as taught in Zhou. In particular, Zhou is in the same technical field (e.g., communications) and the results would have been predictable.
Regarding claim 13, van der Linden teaches an apparatus for receiving segments of a downstream transmission in a passive optical network (FIG. 2: ONU receiving data from OLT), wherein the apparatus comprises:
at least one memory configured to store instructions, and
at least one processor configured to execute the instructions and cause the apparatus to at least perform,
receiving a first segment of a first modulation format, a second segment of a second modulation format and a third segment of a third modulation format,
using a first mode of operation for receiving the first segment, using a second mode of operation for receiving the third segment, switching from the first mode of operation to the second mode of operation during receiving the second segment,
wherein the first modulation format comprises a first set of constellation points,
wherein the second modulation format comprises a second set of constellation points,
wherein the third modulation format comprises a third set of constellation points,
wherein the second set is comprised in an intersection of the first set and the third set,
wherein the first set and the third set differ by at least one constellation point.
FIG. 2 illustrates the system including the ONU.
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This claim corresponds to an receiver for implementing the method of claim 9. Van der Linden teaches an ONU for implementing that method and configured to perform the recited functionality. See claim 9 for a more detailed discussion of the teachings of van der Linden regarding the receiving method of operation.
Furthermore, Zhou at FIG. 8 illustrates a computer system to store instructions in computer-readable memory 808, 810, and for a DSP 806 to execute the instructions to implement desired methods or functionality in an optical communications system. See the discussion of Zhou in claim 7.
It would have been obvious that the functionality recited in the claim can be implement in a known manner, such as with memory storing instructions, which, when executed by a processor, cause the processor to perform desired functionality, as taught in Zhou. In particular, Zhou is in the same technical field (e.g., communications) and the results would have been predictable.
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over the art as applied to claim 1 above, and further in view of US 2011/0318021 (Zhou).
Regarding claim 14, Zhou teaches a non-transitory computer-readable medium storing instructions, which, when executed by an apparatus cause the apparatus to perform the method of claim 1.
Zhou at FIG. 8 illustrates a computer system to store instructions in non-transitory computer-readable memory 808, 810, and for a DSP 806 to execute the instructions to implement desired methods or functionality in an optical communications system. See the discussion of Zhou in claim 7.
It would have been obvious that the method of claim 1 can be implement in a known manner, such as with non-transitory computer-readable medium storing instructions, which, when executed by a processor, cause the processor to perform desired functionality, as taught in Zhou. In particular, Zhou is in the same technical field (e.g., communications) and the results would have been predictable.
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over the art as applied to claim 9 above, and further in view of US 2011/0318021 (Zhou).
Regarding claim 15, Zhou teaches a non-transitory computer-readable medium storing instructions, which, when executed by an apparatus cause the apparatus to perform the method of claim 9.
Zhou teaches that it was known to use non-transitory computer-readable medium storing instructions, which, when executed by a processor, cause the processor to perform desired functionality. See the discussion of Zhou in claim 7.
It would have been obvious that the method of claim 9 can be implement in a known manner, such as with non-transitory computer-readable medium storing instructions, which, when executed by a processor, cause the processor to perform desired functionality, as taught in Zhou. In particular, Zhou is in the same technical field (e.g., communications) and the results would have been predictable.
Allowable Subject Matter
Claims 5 and 6 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.
The following is a statement of reasons for the indication of allowable subject matter. The prior art of record teaches the general subject matter of the claims (see the rejections above). However, the prior art of record does not appear to teach the particular embodiments in claims 5 and 6.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 2011/0051854 (Kizer) teaches that a variety of modulation formats were known. See:
[0080] Note that modulation coding may include bit-to-symbol coding in which one or more data bits are mapped together to a data symbol, and symbol-to-bit coding in which one or more symbols are mapped to data bits. For example, a group of two data bits can be mapped to one of four different amplitudes of an encoded data signal. In general, the encoding is pulse amplitude modulation (PAM). For example, the modulation coding may include: two-level pulse amplitude modulation (2-PAM), three-level pulse amplitude modulation (3-PAM), and/or four-level pulse amplitude modulation (4-PAM). More generally, the modulation coding may include N-PAM, where N is an integer.
US 2023/0308232 (Zhang) teaches that downstream bandwidth for each ONU can be allocated according to a request of the ONU or traffic statistics for the ONU. See :
[0082] In the embodiment, the sending device is the OLT, and the receiving device is the ONU. The downstream bandwidth is allocated to each ONU, according to a request of the ONU or traffic statistics for the ONU by the OLT, for transmitting downstream data. For example, the OLT may allocate the downstream bandwidth to each ONU through a bandwidth map; the ONU parses the bandwidth map to obtain a bandwidth entry belonging to the ONU itself, and receives downstream data and management information sent by the OLT within the bandwidth specified by the corresponding bandwidth entry.
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 DARREN WOLF whose telephone number is (571)270-3378. The examiner can normally be reached Monday through Friday, 7:00 AM to 3:00 PM.
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/DARREN E WOLF/Primary Examiner, Art Unit 2634
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