DETAILED ACTION
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 1-16 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-10 and 12-19 of U.S. Patent No. 11,888,530. Although the claims at issue are not identical, they are not patentably distinct from each other because claims of the present application are an obvious subset or variation of the limitations presented in claims of U.S. Patent No. 11,888,530.
The following table illustrates a mapping of the limitations of claims of the present application when compared against the limitations of claims of U.S. Patent No. 11,888,530.
Claims of Present Application
Claims of U.S. Patent No. 11,888,530
1. An optical tracking module comprising: an optical phased array (OPA) including: a plurality of array elements, and a plurality of phase shifters; and one or more processors configured to:
extract signal information of an incoming beam via the OPA, and control an outgoing beam based on the signal information; wherein the optical tracking module is formed in an integrated circuit.
2. The optical tracking module of claim 1, wherein the optical tracking module is configured to connect to a modem via one or more fibers.
3. The optical tracking module of claim 2, further comprising a circulator that includes a first port configured to receive a signal from a first one of the one or more fibers, a second port configured to transmit a signal to and receive a signal from the integrated circuit, and a third port configured to transmit a signal to a second one of the one or more fibers.
4. The optical tracking module of claim 1, further comprising a voltage regulator configured to provide power to the integrated circuit.
5. The optical tracking module of claim 1, wherein the optical tracking module is configured to communicate telemetry data to one or more separate processors that are external to the optical tracking module.
6. The optical tracking module of claim 1, wherein: the optical tracking module is configured to connect to a separate optical lens assembly that increases aperture gain; and the optical tracking module is configured to connect to a separate transceiver module that includes one or more transceivers and one or more amplifiers.
7. The optical tracking module of claim 1, wherein: the optical tracking module is less than 1000 cm3 in volume; and the optical tracking module is less than 100 cm2 in surface area on any face.
8. The optical tracking module of claim 1, further comprising: an analog drive configured to adjust the plurality of phase shifters; wherein the analog drive includes a digital-to-analog converter (DAC) and an amplifier, the DAC being connected to the amplifier; wherein the one or more processors are connected to the DAC; and wherein the amplifier is connected to the OPA.
9. The optical tracking module of claim 1, further comprising an integrated photodetector configured to receive light from the OPA, the integrated photodetector being connected to the one or more processors via an amplifier and an analog-to-digital converter (ADC).
10. A system comprising: an optical communication system including an optical assembly, the optical assembly including one or more lenses; and a plurality of optical tracking modules each including an integrated circuit, the integrated circuit for each respective optical tracking module including: an optical phased array (OPA) including a plurality of phase shifters; one or more processors configured to extract signal information of an incoming beam via the OPA; wherein each of the plurality of optical tracking modules is lensless apart from the OPA; and wherein the optical communication system and the plurality of optical tracking modules are in a network arrangement and the optical communication system is a node of the network arrangement.
11. The system of claim 10, wherein each optical tracking module of the plurality of optical tracking modules is positioned 100 meters or less from another optical tracking module of the plurality of optical tracking modules.
12. The system of claim 10, wherein each optical tracking module of the plurality of optical tracking modules has at least 10 Gbps throughput to another optical tracking module of the plurality of optical tracking modules.
13. The system of claim 10, wherein the network arrangement also includes one or more point-to-multipoint links.
14. The system of claim 10, wherein the network arrangement at least partially includes a mesh arrangement.
15. The system of claim 10, wherein the network arrangement at least partially includes a ring arrangement.
16. The system of claim 10, wherein the network arrangement also includes a plurality of point-to-point relay links, the plurality of point-to-point relay links including at least one inter-building link.
1. An optical tracking module comprising: an optical phased array (OPA) including: a plurality of array elements, and a plurality of phase shifters; an analog drive configured to adjust the plurality of phase shifters; an integrated photodetector configured to receive light from the OPA; and one or more processors configured to: extract signal information of an incoming beam via the OPA, and control an outgoing beam using the analog drive based on the signal information; and wherein the OPA, the analog drive, the integrated photodetector and the one or more processors are in an integrated circuit.
2. The optical tracking module of claim 1, wherein the optical tracking module is configured to connect to a modem via one or more fibers.
3. The optical tracking module of claim 2, further comprising a circulator that includes a first port configured to receive a signal from a first fiber, a second port configured to transmit a signal to and receive a signal from the integrated circuit, and a third port configured to transmit a signal to a second fiber.
4. The optical tracking module of claim 1, further comprising a voltage regulator.
5. The optical tracking module of claim 4, wherein the voltage regulator is configured to provide power to the integrated circuit.
6. The optical tracking module of claim 1, wherein the optical tracking module is configured to communicate telemetry data to one or more separate processors that are external to the optical tracking module.
7. The optical tracking module of claim 1, wherein the optical tracking module is configured to connect to a separate optical lens assembly that increases aperture gain.
8. The optical tracking module of claim 7, wherein the optical tracking module is configured to connect to a separate transceiver module that includes one or more transceivers and one or more amplifiers.
9. The optical tracking module of claim 1, wherein the optical tracking module is less than 1000 cm3 in volume.
10. The optical tracking module of claim 9, wherein the optical tracking module is less than 100 cm2 in surface area on any face.
12. The optical tracking module of claim 1, wherein the analog drive includes a digital-to-analog converter (DAC) and an amplifier; wherein the one or more processors are connected to the DAC; wherein the DAC is also connected to the amplifier; and wherein the amplifier is also connected to the OPA.
13. The optical tracking module of claim 1, wherein the integrated photodetector is connected to the one or more processors via an amplifier and an analog-to-digital converter (ADC).
14. A system comprising: a plurality of communication terminals in a network arrangement including a plurality of point-to-point relay links; and wherein each of the plurality of communication terminals includes an optical tracking module that has: an optical phased array (OPA) including: a plurality of array elements, and a plurality of phase shifters; an analog drive configured to adjust the plurality of phase shifters; an integrated photodetector configured to receive light from the OPA; and one or more processors configured to: extract signal information of an incoming beam via the OPA, and control an outgoing beam using the analog drive based on the signal information; and wherein each of the plurality of communication terminals is lensless apart from the OPA.
15. The system of claim 14, wherein each communication terminal of the plurality of communication terminals is positioned 100 meters or less from another communication terminal of the plurality of communication terminals; and wherein each communication terminal of the plurality of communication terminals has at least 10 Gbps throughput to another communication terminal of the plurality of communication terminal.
16. The system of claim 14, wherein the network arrangement also includes one or more point-to-multipoint links.
17. The system of claim 14, wherein the network arrangement at least partially includes a mesh arrangement.
18. The system of claim 14, wherein the network arrangement at least partially includes a ring arrangement.
19. The system of claim 14, wherein the plurality of point-to-point relay links includes at least one inter-building link.
As the table above illustrates, the limitations of claims of the present application are taught by claims of U.S. Patent No. 11,888,530. Therefore, claims of the present application would have been obvious to one of ordinary skill in the art.
Allowable Subject Matter
Claims 1-20 are allowed in view of the prior arts of record. Reason for allowance for claims 10-20 is stated in the office action mailed November 07, 2025. The nonstatutory double patenting rejection will be withdrawn once terminal disclaimer is filed and approved.
Response to Arguments
Applicant’s arguments, see remarks, filed February 04, 2026, with respect to the amended claim 1 have been fully considered and are persuasive. The 35 USC 102 rejection of claim 1 has been withdrawn.
Applicant's arguments filed February 04, 2026, with respect to the double patenting have been fully considered but they are not persuasive.
In regard to the double patenting, on page 6 of the remark, applicant states:
“Applicant respectfully submits the Office Action fails to establish claim 10 is not patentably distinct from the claims of the '530 Patent. Claim 10 stands rejected based on claim 14 of the '530 Patent. (Office Action at 7-8). However, claim 10 recites in part, "an optical communication system including an optical assembly, the optical assembly including one or more lenses" and "wherein the optical communication system and the plurality of optical tracking modules are in a network arrangement and the optical communication system is a node of the network arrangement." Such features are not present in claim 14 of the '530 Patent and the Office Action fails to point to any equivalent thereof in claim 14 of the '530 Patent. As such, Applicant respectfully submits the double patenting rejection of claim 10 and its dependents is not sustainable and should be withdrawn for at least this reason.”
As listed on the table above, claim 7 of the ‘530 patent teaches “…optical lens assembly…”, claim 14 of the ‘530 patent teaches “…plurality of communication terminals in a network arrangement including a plurality of point-to-point relay links; and wherein each of the plurality of communication terminals includes an optical tracking module…”, claim 16 of the ‘530 patent teaches “…wherein the network arrangement also includes one or more point-to-multipoint links.”, claim 17 of the ‘530 patent teaches “…wherein the network arrangement at least partially includes a mesh arrangement.” and claim 18 of the ‘530 patent teaches “…wherein the network arrangement at least partially includes a ring arrangement.”.
The network arrangement, such as “…one or more point-to-multipoint links…” of claim 16, the “…mesh arrangement…” of claim 17 and the “…ring arrangement…” of claim 18, are considered optical communication system in a node of the network arrangement. Although the claims at issue are not identical, they are not patentably distinct from each other because limitation of claim 10 of the present application is an obvious variation and/or rearrangement of claims 7, 14, 16, 17 and/or 18 of the ‘530 patent.
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.
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DALZID E. SINGH
Primary Examiner
Art Unit 2635
/DALZID E SINGH/
Primary Examiner, Art Unit 2635