Prosecution Insights
Last updated: July 17, 2026
Application No. 18/571,527

SWITCHED WAVELENGTH OPTICAL RECEIVER FOR DIRECT-DETECTION METHODS AND SYSTEMS

Non-Final OA §103
Filed
Dec 18, 2023
Priority
Jul 01, 2021 — provisional 63/217,387 +2 more
Examiner
BARUA, PRANESH K
Art Unit
2635
Tech Center
2600 — Communications
Assignee
Aeponyx Inc.
OA Round
1 (Non-Final)
78%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
91%
With Interview

Examiner Intelligence

Grants 78% — above average
78%
Career Allowance Rate
391 granted / 502 resolved
+15.9% vs TC avg
Moderate +13% lift
Without
With
+13.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 3m
Avg Prosecution
18 currently pending
Career history
523
Total Applications
across all art units

Statute-Specific Performance

§101
0.5%
-39.5% vs TC avg
§103
92.7%
+52.7% vs TC avg
§102
0.2%
-39.8% vs TC avg
§112
3.4%
-36.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 502 resolved cases

Office Action

§103
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 . Status of Claims As per the Response to Election filed on 2/19/2026, claims 1, 2, 5, 9, 10, 11, 14, 18, 19, 21, 23-27, 29, 33-35, 37, 39 and 40 are elected and examined below. Claim 41 is withdrawn from consideration. 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. The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. Claim(s) 1 and 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nakamura (US 2004/0202473) in view of Sugama (US 2022/0236483). Regarding claim 1, Nakamura teaches a switched wavelength optical receiver comprising (Fig. 1A): a plurality of wavelength selective optical switch (WSOS) elements coupled in series (Fig. 1A, elements 1/2/3) and each sequential WSOS element of the plurality of WSOS elements has a free spectral range (FSR) equal to the FSR of the preceding WSOS of the plurality of WSOS elements multiplied by a first constant (paragraph [0058], The interleavers 1-3 are optical multiplexer/demultiplexers that demultiplex the wavelength division-multiplexing signal light group (WDM signals), which are input, into the signal light group in even channels and the signal light group in odd channels so as to expand the frequency interval (wavelength interval) to double, or multiplexes the signal light groups in the even channels and the odd channels so as to reduce the frequency interval (wavelength interval) to 1/2 according to the reversed input/output relationship. For these interleavers 1-3 as well, a known interleaver can be used); wherein each WSOS element of the plurality of WSOS elements is dynamically configurable between a first state and a second state such that the plurality of WSOS elements filter an incoming optical stream of a plurality optical signals having a predetermined channel spacing, in the first state each WSOS element of the plurality of WSOS elements passes a first subset of those wavelengths coupled to it, and in the second state each WSOS element of the plurality of WSOS elements passes a second subset of those wavelengths coupled to it (paragraph [0019], The optical receiver according to the present invention is an optical receiver for receiving wavelength division multiplexing signals where signal lights with different signal bandwidths are wavelength division-multiplexed, comprising a demultiplexing unit for demultiplexing the wavelength division multiplexing signals and outputting the demultiplexed signal lights from a plurality of output ports, wherein each output port has transmission characteristics to be set such that the bandwidth of the transmission band where the light transmits and the bandwidth of the non-transmission band where light does not transmit are different). Nakamura doesn’t teach wherein the first WSOS element of the plurality of WSOS elements is coupled to a first output of a polarization management element and a photodetector coupled to the output of the last WSOS of the plurality of WSOS elements. Sugama also teaches a wavelength optical receiver wherein the first WSOS element of the plurality of WSOS elements is coupled to a first output of a polarization management element (Fig. 3A, polarization management element 33 coupled to first element 131) and a photodetector coupled to the output of the last WSOS of the plurality of WSOS elements (Fig. 3A, photodetector comprising 151/152/162/163; paragraph [0058]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the receiver taught by Nakamura and incorporate the pbs and photodetector as taught by Sugama in order to acquire stable monitoring results regardless of the polarization states of the optical fiber (Sugama: paragraph [0062]). Regarding claim 2, Nakamura in view of Sugama teaches the switched wavelength optical receiver according to claim 1, wherein Nakamura teaches one of: the first constant is either 0.5 or 2.0 (paragraph [0058]). Claim(s) 10, 11, 19, 21 and 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sugama (US 2022/0236483) in view of Nakamura (US 2004/0202473). Regarding claim 10, Sugama teaches a switched wavelength optical receiver (Fig. 3A) comprising: a polarisation element for generating a first output with a first polarisation and a second output with a second polarization (Fig. 3A, PBS 33); a plurality of first wavelength selective optical switch (WSOS) elements coupled in series wherein the first WSOS element of the plurality of first WSOS elements is coupled to the first output of the polarization element (Fig. 3A, 131 coupled to first output of 33) and a plurality of second wavelength selective optical switch (WSOS) elements coupled in series wherein the first second WSOS element of the plurality of second WSOS elements is coupled to the second output (Fig. 3A, 1341 coupled to second output of 33); wherein an output of the last first WSOS of the plurality of first WSOS elements is coupled to a photodetector and an output of the last second WSOS of the plurality of second WSOS elements is coupled to the photodetector (Fig. 3A, photodetector comprising 151/152/162/163; paragraph [0058]). Sugama doesn’t explicitly teach each sequential first WSOS element in the plurality of first WSOS elements has a free spectral range (FSR) equal to the FSR of the preceding first WSOS element of the plurality of first WSOS elements multiplied by a constant and each sequential second WSOS element in the plurality of second WSOS elements has an FSR equal to the FSR of a preceding second WSOS element of the plurality of second WSOS elements multiplied by the constant. Nakamura also teaches a switched wavelength optical receiver (Fig. 1A) wherein each sequential WSOS element in the plurality of WSOS elements has a free spectral range (FSR) equal to the FSR of the preceding WSOS element of the plurality of WSOS elements multiplied by a constant (paragraph [0058], The interleavers 1-3 are optical multiplexer/demultiplexers that demultiplex the wavelength division-multiplexing signal light group (WDM signals), which are input, into the signal light group in even channels and the signal light group in odd channels so as to expand the frequency interval (wavelength interval) to double, or multiplexes the signal light groups in the even channels and the odd channels so as to reduce the frequency interval (wavelength interval) to 1/2 according to the reversed input/output relationship. For these interleavers 1-3 as well, a known interleaver can be used). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the characteristics of the WSOS elements taught by Sugama and to incorporate the configuration taught by Nakamura in order to comprise a transmission system without much deterioration (Nakamura: paragraph [0021]). Regarding claim 11, Sugama in view of Nakamura teaches the switched wavelength optical receiver according to claim 10, wherein Nakamura teaches the constant is either 0.5 or 2.0 (paragraph [0058]). Regarding claim 19, Sugama in view of Nakamura teaches the switched wavelength optical receiver according to claim 10, wherein Sugama teaches the first polarisation is orthogonal to the second polarization (paragraph [0028], The light incident on the photonic circuit 10 is split into the TE polarized wave and the TM polarized wave by a polarization beam splitter 33). Regarding claim 21, Sugama in view of Nakamura teaches the switched wavelength optical receiver according to claim 10, wherein Sugama teaches the first polarisation is orthogonal to the second polarization (paragraph [0028], The light incident on the photonic circuit 10 is split into the TE polarized wave and the TM polarized wave by a polarization beam splitter 33). Regarding claim 23, Sugama in view of Nakamura teaches the switched wavelength optical receiver according to claim 10, wherein Sugama teaches a first subset of the plurality of first WSOS elements have a first configuration and a second subset of the plurality of first WSOS elements have a second configuration (Fig. 3A, first WSOS elements with first subset comprising 131 and second subset comprising 132 and 133); a first subset of the plurality of second WSOS elements have a first configuration and a second subset of the plurality of second WSOS elements have a second configuration (Fig. 3A, second WSOS elements with first subset comprising 141 and second subset comprising 142 and 143) and Nakamura teaches the FSRs of the first subset of the plurality of first WSOS elements are the same as the FSRs of the first subset of the plurality of second WSOS elements (Fig. 1A shows element 2 and 3 comprise same FSRs). Thus, the combination of Sugama in view of Nakamura teaches the limitations of the claim. Allowable Subject Matter Claims 5, 9, 14, 18 and 24 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. Claims 25-27, 29, 33-35, 37, 39 and 40 are allowed over the prior arts of record. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See the notice of reference cited (PTO-892). Any inquiry concerning this communication or earlier communications from the examiner should be directed to PRANESH K BARUA whose telephone number is (571)270-1017. The examiner can normally be reached on Mon-Sat: 11-8pm. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Payne can be reached on 5712723024. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /PRANESH K BARUA/Examiner, Art Unit 2635
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Prosecution Timeline

Dec 18, 2023
Application Filed
Jun 03, 2026
Non-Final Rejection mailed — §103 (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

1-2
Expected OA Rounds
78%
Grant Probability
91%
With Interview (+13.2%)
2y 3m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 502 resolved cases by this examiner. Grant probability derived from career allowance rate.

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