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 .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim sets 18 – 24 and 25 – 27 recite second, third and fourth of structures without reciting a first of such structures throughout the respective claim sets. There is insufficient antecedent basis for these limitation in the claims.
Claim Rejections - 35 USC § 102
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 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 10 – 14, 16 – 23, 25 and 26 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lin et al. (WO 2008019612A).
In Re claims 10 and 17, ‘612 teaches a switch, comprising: a first laser (720, continuous wave broad spectrum light source pgs. 4, 7 and 8 of translation) and a first optical splitter (723), wherein the first laser is configured to provide a first laser light, and wherein the first optical splitter is configured to split the first laser light into a first downstream laser light and a second downstream laser light (wide spectrum light, pg. 7 of translation, fig. 7, to 704 top and bottom of each of 70, respectively). Furthermore, the switch can be interpreted as including only 720 and 723 or to be the entire dark lined large box where the signals enter or exit via 706 of fig. 7.
Examiner notes that the claim is to a switch and that the local area network and its first and second terminals are not claimed as part of the switch, but rather an environment for which the switch can be used.
In Re claims 11 and 12, ‘612 teaches wherein the switch further comprises a second laser (710) and a second optical splitter (713), wherein the second laser is configured to provide a second laser light (wide spectrum light, pg. 7 of translation), wherein the second optical splitter is configured to split the second laser light into a third laser light and a fourth laser light (to 701 of 70 top and bottom, respectively), whereby information is transmitted to the switch from the terminals at 706 and 707.
Examiner notes that the first and second terminals are not claimed as part of the switch, but rather an environment for which the switch can be used.
In Re claims 13, 14, and 16, ‘612 teaches wherein the switch further comprises a first input/output block (705 top) and a second input/output block (705 bottom), wherein the first input/output block is configured to transmit the first downstream laser light and third laser light to the first terminal, and wherein no laser is disposed in the first input/output block, and wherein the second input/output block is configured to transmit the second downstream laser light and the fourth laser light to the second terminal, and wherein no laser is disposed in the second input/output block.
Examiner notes that the first and second terminals are not claimed as part of the switch, but rather an environment for which the switch can be used.
In Re claims 18 and 19, ‘612 teaches a switch (as seen in fig. 7), comprising: a second laser (720, continuous wave broad spectrum light source pgs. 4, 7 and 8 of translation), wherein the switch (720 or 72 and 70 top) is applied to a local area network, wherein the local area network comprises the switch and a terminal (brancher between 73 and 742 of 74 or all of 74) connected to the switch, wherein the second laser is configured to send a second laser light to the terminal, and wherein the second laser light is used by the terminal to load information (modulation, pg. 8 of translation) onto the second laser light, to obtain a second information-loaded laser light onto which the information is loaded, and the second information-loaded laser light onto which the information is loaded is used by the terminal to transmit the information to the switch (to 707 of 70).
Examiner notes that the claim is to a switch and that the local area network and its first and second terminals are not claimed as part of the switch, but rather an environment for which the switch can be used.
In Re claim 20, ‘612 teaches brancher between 73 and 742 of 74 as the terminal thus no laser.
In Re claim 21, ‘612 teaches a second optical splitter (723), wherein the second optical splitter is configured to split the second laser light into a third laser light and a fourth laser light, the third laser light is transmitted to a first terminal (to 74), and the fourth laser light is transmitted to a second terminal (bottom 74).
In Re claim 22, ‘612 teaches wherein the third laser light is used by the first terminal to load third information (modulation at 742) onto the third laser light, to obtain a third information-loaded laser light onto which the third information is loaded, and wherein the fourth laser light is used by the second terminal to load fourth information (modulation at 742) onto the fourth laser light, to obtain a fourth information-loaded laser light onto which the fourth information is loaded.
In Re claim 23, ‘612 teaches wherein the third information-loaded laser light onto which the third information is loaded is used by the first terminal to transmit the third information to the switch, and the fourth information-loaded laser light onto which the fourth information is loaded is used by the second terminal to transmit the fourth information to the switch (to respectively 706 and 707 of each switch).
In Re claims 25 and 26, ‘612 teaches a switch (within large box containing 71, 72, and both of 70, fig. 7), comprising: a second laser (720, continuous wave broad spectrum light source pgs. 4, 7 and 8 of translation) and a second optical splitter (723), wherein the switch is applied to a local area network, wherein the local area network comprises the switch, a first terminal (74 top), and a second terminal (74 bottom, fig. 7), and wherein the first terminal and the second terminal are connected to the switch, wherein the second laser is configured to provide a second laser light, wherein the second optical splitter is configured to split the second laser light into a third laser light and a fourth laser light (out of 723 to 70 top and 70 bottom), wherein the third laser light is transmitted to the first terminal, and the fourth laser light is transmitted to the second terminal, wherein the third laser light is used by the first terminal to load third information (modulation from 742) onto the third laser light, to obtain a third information-loaded laser light onto which the third information is loaded, wherein the fourth laser light is used by the second terminal to load fourth information (modulation from 742) onto the fourth laser light, to obtain a fourth information-loaded laser light onto which the fourth information is loaded, and wherein the third information-loaded laser light onto which the third information is loaded is used by the first terminal to transmit the third information to the switch (to 706 and 707 of 70), and the fourth information-loaded laser light onto which the fourth information is loaded is used by the second terminal to transmit the fourth information to the switch (to 706 and 707 of 70).
Examiner asserts that it is unclear if the terminals are part of the switch. For examining purposes examiner interprets that the first and second terminals are part of the switch as the switch must be capable of receiving information from the terminal.
Claims 25, 26 and 28 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Suzuki et al. (U.S. Patent # 5,608,565).
In Re claims 25 and 26, ‘565 teaches a switch (10, fig. 1), comprising: a second laser (11) and a second optical splitter (12), wherein the switch is applied to a local area network, wherein the local area network comprises the switch, a first terminal (20-1), and a second terminal (20-n), and wherein the first terminal and the second terminal are connected to the switch, wherein the second laser is configured to provide a second laser light, wherein the second optical splitter is configured to split the second laser light into a third laser light and a fourth laser light (@1 and n of 12, fig. 1), wherein the third laser light is transmitted to the first terminal, and the fourth laser light is transmitted to the second terminal (5-1 top and bottom), wherein the third laser light is used by the first terminal to load third information (figs. 2B – 2D) onto the third laser light, to obtain a third information-loaded laser light onto which the third information is loaded, wherein the fourth laser light is used by the second terminal to load fourth information (figs. 2B- 2D) onto the fourth laser light, to obtain a fourth information-loaded laser light onto which the fourth information is loaded, and wherein the third information-loaded laser light onto which the third information is loaded is used by the first terminal to transmit the third information to the switch (via 5-2), and the fourth information-loaded laser light onto which the fourth information is loaded is used by the second terminal to transmit the fourth information to the switch (via 5-2).
In Re claim 28, ‘565 doesn’t teach lasers in 20-1 or 20-n.
Claim Rejections - 35 USC § 103
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.
Claims 15, 24 and 27 are rejected under 35 U.S.C. 103 as being unpatentable over Lin et al. (WO 2008019612A).
‘612 teaches the switch as claimed but is silent to a heat dissipater as claimed. However, it is well known in the art to use a heat dissipater such as a heat sink attached to lasers so as to ensure proper operating temperature of the lasers. Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the switch as claimed so as to attach heat dissipators to each of the lasers as claimed so as to regulate the temperature of each of the lasers thus ensuring optimum operation of the lasers as a person with ordinary skill has good reason to pursue the known options within his or her technical grasp.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHAD SMITH whose telephone number is (571)270-1294. The examiner can normally be reached M-F 7:30 - 5.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Uyen-Chau Le can be reached at 1-571-272-2397. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHAD H SMITH/Primary Examiner, Art Unit 2874
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