Prosecution Insights
Last updated: July 17, 2026
Application No. 18/539,574

OPTICAL TRANSMISSION DEVICE, OPTICAL TRANSMISSION SYSTEM, AND OPTICAL TRANSMISSION METHOD

Final Rejection §102
Filed
Dec 14, 2023
Priority
Dec 20, 2022 — JP 2022-202788
Examiner
BELLO, AGUSTIN
Art Unit
2635
Tech Center
2600 — Communications
Assignee
NEC Corporation
OA Round
2 (Final)
75%
Grant Probability
Favorable
3-4
OA Rounds
1m
Est. Remaining
87%
With Interview

Examiner Intelligence

Grants 75% — above average
75%
Career Allowance Rate
687 granted / 912 resolved
+13.3% vs TC avg
Moderate +12% lift
Without
With
+11.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
25 currently pending
Career history
930
Total Applications
across all art units

Statute-Specific Performance

§101
1.1%
-38.9% vs TC avg
§103
64.9%
+24.9% vs TC avg
§102
30.9%
-9.1% vs TC avg
§112
1.3%
-38.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 912 resolved cases

Office Action

§102
CTFR 18/539,574 CTFR 76880 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia 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 § 102 07-06 AIA 15-10-15 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 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. 07-07-aia AIA 07-07 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 – 07-08-aia AIA (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. 07-15-aia AIA Claim(s) 1-9 and 11-19 is/are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Takemura (Publication No.: US 2023/0268994 A1) . Regarding claim 1, 13, Takemura teaches An optical transmission device to be used in an optical transmission system in which a band of an optical fiber transmission path constituted of one optical fiber is shared by a plurality of users by using a wavelength multiplexed signal acquired by wavelength-multiplexing a plurality of optical signals, the optical transmission device comprising: an optical monitor (reference numeral 100 in Figure 1) configured to output, for each wavelength associated with and allocated to each of the plurality of users, alarm information related to each of the plurality of optical signals; and a management circuit (reference numeral 130 in Figure 1) configured to transmit the alarm information for each wavelength being output from the optical monitor, to only an operation support system for a user (e.g. “EMS” as in paragraph [0029] and throughout) with whom the wavelength is associated via a monitoring network (e.g. “means for monitoring” as in abstract and throughout) that connects the management circuit and an operation support systems, wherein the operation support system is configured to be installed for each of the plurality of users (e.g. “EMS” as in paragraph [0029] and throughout) and receive the alarm information output by the management circuit. (e.g. “respond to a request signal including an identifying code” as in paragraph [0029] and/or “with respect to each user associated with the ID number and the password” as in paragraph [0033]). Regarding claim 2, 14, Takemura teaches The optical transmission device according to claim 1, wherein the alarm information is notified, based on user information indicating correspondence between wavelengths of the plurality of optical signals and information of the plurality of users, to only a user who uses the wavelength (e.g. “respond to a request signal including an identifying code” as in paragraph [0029] and/or “with respect to each user associated with the ID number and the password” as in paragraph [0033]). Regarding claim 3, 15, Takemura teaches The optical transmission device according to claim 2, wherein the user information includes: wavelength information (e.g. “sub-band signal information” as in paragraph [0033]) indicating correspondence between wavelengths of the plurality of optical signals and identifiers for identifying the plurality of users (e.g. “user names” as in paragraph [0033]); and address information (e.g. “password” as in paragraph [0033]) indicating correspondence between the identifier and a transmission destination of the alarm information for each of the identifiers. Regarding claim 4, 16, Takemura teaches The optical transmission device according to claim 3, wherein the optical monitor (reference numeral 100 in Figure 3) outputs the alarm information to the management circuit, based on the wavelength information, and the management circuit notifies, based on the address information, the alarm information to only a user who uses the wavelength among the plurality of users (e.g. “sub-band signal information with respect to each user is not read by another user” as in paragraph [0034]). Regarding claim 5, Takemura teaches The optical transmission device according to claim 4, wherein the optical monitor (reference numeral 100 in Figure 1) includes a plurality of optical channel monitors each of which is associated with the plurality of users on a one-to-one basis (e.g. by virtue of “sweeping an optical bandpass filter by using a wavelength slot” as in paragraph [0026]), and the plurality of optical channel monitors output the alarm information of the optical signal having a wavelength allocated to the associated user (e.g. “sub-bands are allocated to users” as in paragraph [0025]). Regarding claim 6, 17, Takemura teaches The optical transmission device according to claim 2, wherein the management circuit notifies, based on the user information, the alarm information to only a user who uses the wavelength (e.g. “sub-band signal information with respect to each user is not read by another user” as in paragraph [0034]) . Regarding claim 7, 9, 18, Takemura teaches The optical transmission device according to claim 1, further comprising a multiplexer (reference numeral 1200 in Figure 5) configured to wavelength-multiplex the plurality of optical signals and output the wavelength-multiplexed optical signals to the optical fiber transmission path, wherein the optical monitor (reference numeral 100 in Figure 1) outputs the alarm information of the plurality of optical signals being output from the multiplexer (e.g. as illustrated in Figure 3). Regarding claim 8, 12, 19, Takemura teaches The optical transmission device according to claim 1, further comprising a demultiplexer (reference numeral 1200 in Figure 5 by virtue of “transmits/receives” as in paragraph [0010] and “reception side” as in paragraph [0055]) configured to output the plurality of optical signals acquired by wavelength-demultiplexing the plurality of optical signals received from the optical fiber transmission path, wherein the optical monitor outputs the alarm information of the plurality of optical signals being input to the demultiplexer (e.g. as illustrated in Figure 3). Regarding claim 11, Takemura teaches The optical transmission system according to claim 9, wherein the optical fiber transmission path is any of optical fibers included in one fiber pair (e.g. “optical fiber” as in paragraph [0003] and throughout) . Response to Arguments 07-37 AIA Applicant's arguments filed 04/10/26 have been fully considered but they are not persuasive. Examiner maintains Takemura meets Applicant’s limitations to a management circuit (reference numeral 130 in Figure 1) configured to transmit the alarm information for each wavelength being output from the optical monitor, to only an operation support system for a user (e.g. “EMS” as in paragraph [0029] and throughout) with whom the wavelength is associated via a monitoring network (e.g. “means for monitoring” as in abstract and throughout) that connects the management circuit and an operation support systems, wherein the operation support system is configured to be installed for each of the plurality of users (e.g. “EMS” as in paragraph [0029] and throughout) and receive the alarm information output by the management circuit. (e.g. “respond to a request signal including an identifying code” as in paragraph [0029] and/or “with respect to each user associated with the ID number and the password” as in paragraph [0033]) . Conclusion 07-39 AIA 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. Any inquiry concerning this communication or earlier communications from the examiner should be directed to AGUSTIN BELLO whose telephone number is (571)272-3026. The examiner can normally be reached Monday through Friday, 9 AM - 5 PM. 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, David Payne can be reached at (571)272-3024. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /AGUSTIN BELLO/Primary Examiner, Art Unit 2635 Application/Control Number: 18/539,574 Page 2 Art Unit: 2635 Application/Control Number: 18/539,574 Page 3 Art Unit: 2635 Application/Control Number: 18/539,574 Page 4 Art Unit: 2635 Application/Control Number: 18/539,574 Page 5 Art Unit: 2635 Application/Control Number: 18/539,574 Page 6 Art Unit: 2635
Read full office action

Prosecution Timeline

Dec 14, 2023
Application Filed
Dec 12, 2025
Non-Final Rejection mailed — §102
Apr 10, 2026
Response Filed
Jun 01, 2026
Final Rejection mailed — §102 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
75%
Grant Probability
87%
With Interview (+11.9%)
2y 9m (~1m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 912 resolved cases by this examiner. Grant probability derived from career allowance rate.

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