DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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 Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 20 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 20 has been amended to recite an optical receiver, instead of a computer, executing computer program instructions stored on a non-transitory computer-readable storage medium. This is new matter. The specification only discloses a computer executing such instructions. While the disclosed optical receiver has a data processing circuit (111) and memory (112), that data processing circuit is disclosed as performing the “signal processing” step of claim 20, not the entirety of claim 20, and not executing computer program instructions stored in memory, and the memory is disclosed as dynamically buffer waveform data, not storing computer program instructions for performing the claimed steps.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1, 3-9, 12 and 14-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Magri et al. (“Magri”) (US Patent Application Publication No. 2022/0311512).
Regarding claim 1, Magri discloses an optical receiver, comprising: a data processing circuit used to receive an optical signal carrying data information and perform a signal processing on the optical signal to obtain the data information and at least one performance parameter (fig. 3 element 242 and fig. 4 and paragraphs 0064 and 0068) the at least one performance parameter being used to indicate a transmission quality of the optical signal (paragraph 0068, the performance parameter of power is measured, and when below a threshold, is used indicate a transmission fault); a memory used to dynamically buffer waveform data that is obtained through the signal processing of the optical signal by the data processing circuit (paragraph 0066, buffer), wherein the waveform data includes data from at least one of a digital signal processor or a coding correction circuit of the data processing circuit (fig. 3 element 242 and fig. 4 and paragraphs 0064 and 0068, where the inherent digital logic of the event detection and state machine reads on digital signal processor); and a detection controller used to output a first indicating signal to the memory in a case where the at least one performance parameter satisfies a first condition, wherein the first condition includes at least one of that the optical signal has a transmission fault or the transmission quality of the optical signal decreases to a first degree (paragraphs 0068-0070, when the power measurements is the condition of being below the power threshold, i.e., when the fault is detected, the state machine logic receives indication to store the buffered power data samples); wherein the memory is further used to freeze current waveform data to obtain frozen waveform data in response to the first indicating signal, and the frozen waveform data includes waveform characteristic information of the transmission fault (paragraph 0070, the stored sliding time window of power measurements around the time of fault detection reads on frozen waveform data include fault characteristic information).
Regarding claim 3, Magri discloses the optical receiver according to claim 1, wherein the detection controller is further used to output alarm information according to the frozen waveform data, wherein the alarm information is used to indicate a type of the transmission fault and/or a location of the transmission fault (fig. 12 and paragraphs 0110-0112 in light of paragraph 0070-0072, where the buffered and stored measurements are used to identify the type of fault, and where generating failure class information from the fault and storing the fault information in the host alarm log reads on outputting alarm information and indicating a type of the transmission fault).
Regarding claim 4, Magri discloses the optical receiver according to claim 3, wherein the detection controller is used to output the alarm information according to the frozen waveform data and state information, wherein the state information includes a transmission state parameter of the optical signal (fig. 12 and paragraphs 0110-0112 in light of paragraphs 0070-0073, where the multiple logs for each detected fault event, based on the buffered and stored measurements, for capturing events having different dynamics, reads on waveform data (each time window worth of measurements) and state information (the different dynamics captured)).
Regarding claim 5, Magri discloses the optical receiver according to claim 4, wherein the state information includes at least one of: optical signal received power, bit error rate (BER), bit error alarm information, signal-to-noise ratio (SNR), error vector magnitude (EVM), polarization dependent loss (PDL), differential group delay (DGD), state of polarization (SOP), signal spectrum, signal clock, fiber nonlinearity, local oscillator frequency offset (LOFO), carrier phase, automatic gain control (AGC) gain, device parameters of the data processing circuit, or carrier frequency (fig. 12 and paragraphs 0110-0112 in light of paragraphs 0070-0075, where the different dynamics captured via different sampling rates and/or durations reads on state information including device parameters of the data processing circuit).
Regarding claim 6, Magri discloses the optical receiver according to claim 1, wherein the memory is used to sample the waveform data at intervals and dynamically buffer the sampled waveform data (paragraph 0070, where each sliding time window reads on interval of dynamically buffered samples).
Regarding claim 7, Magri discloses the optical receiver according to claim 1, wherein the memory is used to store time stamp information of the frozen waveform data (paragraph 0070 in light of figs. 6(a)/6(b) and paragraph 0090, where store a predetermined time period as a time history reads on storing a time stamp).
Regarding claim 8, Magri discloses the optical receiver according to claim 1, wherein the first condition includes at least one of a signal trigger condition, a static threshold condition, or a dynamic threshold condition (paragraph 0068, static and dynamic threshold options).
Regarding claim 9, Magri discloses the optical receiver according to claim 1, wherein the at least one performance parameter includes at least one of: optical signal received power, bit error ratio (BER), bit error alarm information, signal-to-noise ratio (SNR), error vector magnitude (EVM), polarization dependent loss (PDL), differential group delay (DGD), state of polarization (SOP), signal spectrum, signal clock, fiber nonlinearity, local oscillator frequency offset (LOFO), carrier phase, automatic gain control (AGC) gain, device parameters of the data processing circuit, or carrier frequency (paragraph 0068, optical signal received power).
Regarding claim 12, Magri discloses a signal processing method, performed by an optical receiver, the signal processing method comprising: receiving an optical signal carrying data information; performing a signal processing on the optical signal to obtain the data information and at least one performance parameter (fig. 3 element 242 and fig. 4 and paragraphs 0064 and 0068), the at least one performance parameter being used to indicate a transmission quality of the optical signal (paragraph 0068, the performance parameter of power is measured, and when below a threshold, is used indicate a transmission fault); dynamically buffering waveform data that is obtained through the signal processing of the optical signal (paragraph 0066, buffer) wherein the waveform data includes data from at least one of a digital signal processor or a coding correction circuit of the data processing circuit (fig. 3 element 242 and fig. 4 and paragraphs 0064 and 0068, where the inherent digital logic of the event detection and state machine reads on digital signal processor); generating a first indicating signal in a case where the at least one performance parameter satisfies a first condition, wherein the first condition includes at least one of that: the optical signal has a transmission fault or the transmission quality of the optical signal decreases to a first degree (paragraphs 0068-0070, when the power measurements is the condition of being below the power threshold, i.e., when the fault is detected, the state machine logic receives indication to store the buffered power data samples); and freezing current waveform data to obtain frozen waveform data in response to the first indicating signal, wherein the frozen waveform data includes waveform characteristic information of the transmission fault (paragraph 0070, the stored sliding time window of power measurements around the time of fault detection reads on frozen waveform data include fault characteristic information).
Regarding claim 14, Magri discloses the signal processing method according to claim 12, further comprising: outputting alarm information according to the frozen waveform data, wherein the alarm information is used to indicate a type of the transmission fault and/or a location of the transmission fault (fig. 12 and paragraphs 0110-0112 in light of paragraph 0070-0072, where the buffered and stored measurements are used to identify the type of fault, and where generating failure class information from the fault and storing the fault information in the host alarm log reads on outputting alarm information and indicating a type of the transmission fault).
Regarding claim 15, Magri discloses the signal processing method according to claim 14, wherein outputting the alarm information according to the frozen waveform data includes: outputting the alarm information according to the frozen waveform data and state information, wherein the state information includes a transmission state parameter of the optical signal (fig. 12 and paragraphs 0110-0112 in light of paragraphs 0070-0073, where the multiple logs for each detected fault event, based on the buffered and stored measurements, for capturing events having different dynamics, reads on waveform data (each time window worth of measurements) and state information (the different dynamics captured)).
Regarding claim 16, Magri discloses the signal processing method according to claim 12, wherein dynamically buffering the waveform data that is obtained through the signal processing of the optical signal includes: sampling the waveform data at intervals; and dynamically buffering the sampled waveform data (paragraph 0070, where each sliding time window reads on interval of dynamically buffered samples).
Regarding claim 17, Magri discloses the signal processing method according to claim 12, wherein dynamically buffering the waveform data that is obtained through the signal processing of the optical signal includes: storing time stamp information of the frozen waveform data (paragraph 0070 in light of figs. 6(a)/6(b) and paragraph 0090, where store a predetermined time period as a time history reads on storing a time stamp).
Regarding claim 18, Magri discloses the signal processing method according to claim 12, wherein the at least one performance parameter includes at least one of: optical signal received power, bit error ratio (BER), bit error alarm information, signal-to-noise ratio (SNR), error vector magnitude (EVM), polarization dependent loss (PDL), differential group delay (DGD), state of polarization (SOP), signal spectrum, signal clock, fiber nonlinearity, local oscillator frequency offset (LOFO), carrier phase, automatic gain control (AGC) gain, device parameters of a data processing circuit of the optical receiver, or carrier frequency (fig. 12 and paragraphs 0110-0112 in light of paragraphs 0070-0075, where the different dynamics captured via different sampling rates and/or durations reads on state information including device parameters of the data processing circuit).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 10, 11 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Magri (US Patent Application Publication No. 2022/0311512) in view of Côté et al. (“Côté”) (US Patent Application Publication No. 2021/0028973).
Regarding claim 10, Magri discloses the optical receiver according to claim 9, but does not discloses that the data processing circuit includes a coding correction circuit used to perform a coding error correction on the data information or that the detection controller is used to output the first indicating signal to the memory in a case where a coding error ratio or coding error alarm information of the data information satisfies the first condition. However, Magri discloses classification of power information and fault detection using time windows and machine learning (paragraphs 0076-0077). Côté discloses using machine learning for performance monitoring to account for changes between time windows, and suggests monitoring various metrics including power and pre-FEC error correction rates (paragraphs 0009-0011 and 0088-0089, where the FEC of pre-FEC Bit Error Rate as a performance monitoring metric reads on error correction happening, and the BER reads on coding error ratio). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include FEC for the transmission, and BER monitoring in addition to power monitoring, for the system of Magri, to provide benefit of error correction and a monitoring metric that can indicate degradations that are not necessarily reflected in power loss.
Regarding claim 11, the combination of Magri and Côté discloses the optical receiver according to claim 10, but does not expressly disclose that a duration of the waveform data is greater than a duration of at least one signal frame. However, Magri, discloses a duration of the waveform data up to 5 seconds and a data transmission rate in the GHz range (paragraph 0067 in light of paragraph 0059). Further, the data can only be transmitted as either discretized, i.e. framed in same way, or non-discretized, i.e. continuous flow of data without any markers or delineations. Côté discloses using frames for transmission (paragraph 0089). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to discretize the data with frame sizes that last much less than 5 seconds for GHz rate data signals, to provide the benefit of being able to manage the transmitted and received data incrementally.
Regarding claim 19, Magri discloses the signal processing method according to claim 18, but does not disclose that generating the first indicating signal includes: performing a coding error correction on the data information; and generating the first indicating signal in a case where a coding error ratio or coding error alarm information of the data information satisfies the first condition. However, Magri discloses classification of power information and fault detection using time windows and machine learning (paragraphs 0076-0077). Côté discloses using machine learning for performance monitoring to account for changes between time windows, and suggests monitoring various metrics including power and pre-FEC error correction rates (paragraphs 0009-0011 and 0088-0089, where the FEC of pre-FEC Bit Error Rate as a performance monitoring metric reads on error correction happening, and the BER reads on coding error ratio). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include FEC for the transmission, and BER monitoring in addition to power monitoring, for the system of Magri, to provide benefit of error correction and a monitoring metric that can indicate degradations that are not necessarily reflected in power loss.
Allowable Subject Matter
Claims 2 and 13 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.
Response to Arguments
Applicant's arguments filed 11 February 2026 have been fully considered but they are not persuasive.
Applicant argues that Magri buffers and freezes power measurement samples from the ADC and does not buffer and freeze data from a digital signal processor or coding correction circuit. This argument is not persuasive because for fig. 3 element 242 and fig. 4 and paragraphs 0064 and 0068, the inherent digital logic of the event detection and state machine reads on digital signal processor. The plain meaning of digital signal processor in the art is broad, e.g., digital logic of some kind; there is no more particular processing tied to “digital signal processor.”
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 NATHAN M CORS whose telephone number is (571)272-3028. The examiner can normally be reached Monday-Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kenneth Vanderpuye can be reached at 571-272-3078. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NATHAN M CORS/Primary Examiner, Art Unit 2634
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