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 § 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 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hu et al (US Patent No. 8,606,111 B2).
Regarding claim 1, Hu et al teaches an optical transmitter/receiver which transmits and receives an optical signal in which information is encoded in a phase and a light intensity, comprising:
an optical receiver having a light receiving element configured to receive the optical signal (col. 2, lines 25-30; “The receiver portion of optical module 100 includes a receiver optical sub assembly (ROSA) 170 that includes a photodiode PD 172 and a transimpedance amplifier [TIA] 174, configured to receive optical data ODIN from the optical network and provide an electrical signal to the electrical interface 180 (which outputs electrical data EDOUT to an electrical device or network component).”), wherein a dependence of an amount of noise generated in the optical receiver in accordance with operating conditions of the optical receiver, photosensitivity of the light receiving element, and power consumption with respect to setting parameters is output to a control device of the optical transmitter/receiver (col. 2, lines 18-23; “The transmitter portion of optical module 100 includes an EA modulation control block 150 that adjusts a bias voltage for the operating point of the EA 112, and an EML control circuit 160 that receives data from the electrical interface 180 (e.g., EDIN or a modified version thereof), through a Bias-tee circuit 165 to be applied to the EML TOSA 110.”; col. 5, lines 14-21; “. In each case, the TEC control loop, the APC control loop, and/or the EA modulator control loop may further comprise a feedback path from the laser (e.g., the DFB laser diode) to the processor. This feedback path generally comprises a monitor circuit configured to monitor a power, wavelength and/or intensity of the laser output and provide information relating to the power, wavelength and/or intensity to the processor.”).
When reading the preamble in the context of the entire claim, the recitation “…information is encoded in a phase and a light intensity…” is not limiting because the body of the claim describes a complete invention and the language recited solely in the preamble does not provide any distinct definition of any of the claimed invention' s limitations. Thus, the preamble of the claim is not considered a limitation and is of no significance to claim construction. See Pitney Bowes, Inc. v. Hewlett-Packard Co., 182 F.3d 1298, 1305, 51 USPQ2d 1161, 1165 (Fed. Cir. 1999). See MPEP § 2111.02.
Regarding claim 2, wherein the operating conditions of the optical receiver include at least one of a power supply voltage, a gain, or a temperature, and the amount of noise includes at least one of a thermal noise and a shot noise (col. 2, lines 18-23; “The transmitter portion of optical module 100 includes an EA modulation control block 150 that adjusts a bias voltage for the operating point of the EA 112, and an EML control circuit 160 that receives data from the electrical interface 180 (e.g., EDIN or a modified version thereof), through a Bias-tee circuit 165 to be applied to the EML TOSA 110.”; col. 5, lines 14-21; “. In each case, the TEC control loop, the APC control loop, and/or the EA modulator control loop may further comprise a feedback path from the laser (e.g., the DFB laser diode) to the processor. This feedback path generally comprises a monitor circuit configured to monitor a power, wavelength and/or intensity of the laser output and provide information relating to the power, wavelength and/or intensity to the processor.”).
Regarding claim 3, Hu et al teaches an optical transmitter/receiver which transmits and receives an optical signal in which information is encoded in a phase and a light intensity, comprising:
an optical transmitter having a modulator configured to generate the optical signal, wherein an optical intensity according to a current input to the modulator, a signal-to-noise (SN) ratio of the optical transmitter, and the dependence of power consumption (col. 2, lines 18-23; “The transmitter portion of optical module 100 includes an EA modulation control block 150 that adjusts a bias voltage for the operating point of the EA 112, and an EML control circuit 160 that receives data from the electrical interface 180 (e.g., EDIN or a modified version thereof), through a Bias-tee circuit 165 to be applied to the EML TOSA 110.”; col. 5, lines 14-21; “. In each case, the TEC control loop, the APC control loop, and/or the EA modulator control loop may further comprise a feedback path from the laser (e.g., the DFB laser diode) with respect to setting parameters are to a control device of the optical transmitter/receiver in accordance with operating conditions of the optical transmitter such as a power supply voltage, a gain, and a temperature (col. 2, lines 18-23; “The transmitter portion of optical module 100 includes an EA modulation control block 150 that adjusts a bias voltage for the operating point of the EA 112, and an EML control circuit 160 that receives data from the electrical interface 180 (e.g., EDIN or a modified version thereof), through a Bias-tee circuit 165 to be applied to the EML TOSA 110.”; col. 5, lines 14-21; “. In each case, the TEC control loop, the APC control loop, and/or the EA modulator control loop may further comprise a feedback path from the laser (e.g., the DFB laser diode) to the processor. This feedback path generally comprises a monitor circuit configured to monitor a power, wavelength and/or intensity of the laser output and provide information relating to the power, wavelength and/or intensity to the processor.”).
When reading the preamble in the context of the entire claim, the recitation “…information is encoded in a phase and a light intensity…” is not limiting because the body of the claim describes a complete invention and the language recited solely in the preamble does not provide any distinct definition of any of the claimed invention' s limitations. Thus, the preamble of the claim is not considered a limitation and is of no significance to claim construction. See Pitney Bowes, Inc. v. Hewlett-Packard Co., 182 F.3d 1298, 1305, 51 USPQ2d 1161, 1165 (Fed. Cir. 1999). See MPEP § 2111.02.
Allowable Subject Matter
Claim 4 is 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Voois et al (US Patent No. 9,071,364 B1) is cited to show coherent optical transceiver with programmable application modes.
Jeong et al (US Pub. No. 2014/0233945 A1) is cited to show WDM optical transmitting apparatus comprising feedback mechanism to control optical transmitter.
Tsai (US Pub. No. 2013/0230314 A1) is cited to show method for controlling optical power and extinction ratio over entire temperature range.
Lin et al (US Patent No. 11,682,878 B2) is cited to show thermal management within optical subassembly modules for laser diode temperature control.
Catalano et al (US Patent No. 11,212,001 B1) is cited to show transmit optical power adjustment based on receive optical power measurements.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DALZID E SINGH whose telephone number is (571)272-3029. The examiner can normally be reached Monday-Friday 9-5 ET.
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.
DALZID E. SINGH
Primary Examiner
Art Unit 2635
/DALZID E SINGH/Primary Examiner, Art Unit 2635