DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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.
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.
Claims 30-35 and 39-42 are rejected under 35 U.S.C. 103 as being unpatentable over Eslambolchi (US Patent No. 7469101).
Regarding claim 30, Eslambolchi discloses a method for determining information associated with an optical component system in a network, wherein the optical component system comprises a first optical path for transmission of a first optical signal, wherein the first optical path operates in an optical bandwidth that is different from a traffic optical bandwidth of a traffic optical path (fig. 2 and col. 4 lines 3-19 in light of fig. 1 and col. 3 lines 33-42, where the first optical path is the >1600nm path), the method comprising: transmitting the first optical signal through the first optical path, detecting, in the transmission first optical signal, at least one mechanically introduced optical loss cause by a mechanical interaction with an optical fiber of the first optical path, and based on the detected at least one mechanically introduced optical loss, determining information associated with the optical component system (figs. 1 and 2 and col. 3 lines 46-55, where the information associated with the component is the location of the OTDR distance response at that wavelength and secondarily, who has fiber ownership/control at that location). Eslambolchi does not disclose that the mechanical interaction is adjustable. However, Eslambolchi does discloses that differences in size and separation of the posts providing the mechanical interaction can control the marker’s wavelength value (col. 4 lines 7-10). Further, making adjustable is prima facie obvious; adjustability, where needed, is not a patentable advance (see MPEP § 2144.04(V)(D)). Since Eslambolchi discloses differences in post size and separation as a feature for marker setting, there is need to provide adjustability of such. Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the post sizes and separation adjustable, to achieve the different marker wavelength values taught by Eslambolchi.
Regarding claim 31, Eslambolchi discloses the method according to claim 30, wherein the information comprises location information, and wherein determining information associated with the optical component system comprises: determining a distance at which the at least one mechanically introduced optical loss in the first optical path occurred, and based on the determined distance, determining location information associated with the optical component system (col. 3 lines 46-55, the OTDR trace is determining distance of the target wavelength-based indicator, which is realized as location information based on the different fiber ownerships).
Regarding claim 32, Eslambolchi discloses the method according to claim 31, wherein the method further comprises: based on the determined distance, determining identification information associated with the optical component system, wherein the identification information is also associated with the determined distance (col. 3 lines 46-55, the OTDR trace is determining distance of the target wavelength-based indicator, which is realized as ownership identification information based on the different fiber ownerships).
Regarding claim 33, Eslambolchi discloses the method according to claim 30, wherein the information comprises identification information (col. 3 lines 46-55, the OTDR trace is determining distance of the target wavelength-based indicator, which is realized as ownership identification information based on the different fiber ownerships), but does not specifically disclose that detecting the at least one mechanically introduced optical loss in the transmitted first optical signal comprises: detecting a plurality of mechanically introduced optical losses in the first optical path of the optical component system, and wherein the step of determining location information associated with the optical component system comprises: based on the detected plurality of mechanically introduced optical losses, determining identification information associated with the optical component system. However, since the applied marker denotes change in ownership, as cited above, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to simply use plural markers for plural ownership changes along a transmission span, to provide the benefit of being able to remotely detect plural changes in ownership.
Regarding claim 34, Eslambolchi discloses the method according to claim 33, wherein the identification information is encoded by the detected plurality of mechanically introduced optical losses (col. 4 lines 3-19, where the bend targeting a particular mark wavelength and not other wavelengths reads on wavelength-based encoding).
Regarding claim 35, Eslambolchi discloses the method according to claim 33, wherein determining the identification information comprises determining whether the plurality of mechanically introduced optical losses have been detected within a predetermined distance range (fig. 1 and col. 4 lines 3-26, the range is the length of the transmission system as reflected in the OTDR trace, and is inherently predetermined).
Regarding claim 39, Eslambolchi discloses the method according to claim 30, wherein detecting the at least one mechanically introduced optical loss in the transmitted first optical signal comprises detecting at least one optical loss in a reflection of the first optical signal (col. 4 lines 3-26).
Regarding claim 40, Eslambolchi discloses an apparatus for determining information associated with an optical component system in a network, wherein the optical component system comprises a first optical path for transmission of a first optical signal, wherein the first optical path operates in an optical bandwidth that is different from a traffic optical bandwidth of a traffic optical path (fig. 2 and col. 4 lines 3-19 in light of fig. 1 and col. 3 lines 33-42, where the first optical path is the >1600nm path), the apparatus operable to: transmit the first optical signal through the first optical path, detect, in the transmitted first optical signal, at least one mechanically introduced optical loss caused by a mechanical interaction with an optical fiber of the first optical path, and based on the detected at least one mechanically introduced optical loss, determine information associated with the optical component system (figs. 1 and 2 and col. 3 lines 46-55, where the information associated with the component is the location of the OTDR distance response at that wavelength and secondarily, who has fiber ownership/control at that location). Eslambolchi does not disclose that the mechanical interaction is adjustable. However, Eslambolchi does discloses that differences in size and separation of the posts providing the mechanical interaction can control the marker’s wavelength value (col. 4 lines 7-10). Further, making adjustable is prima facie obvious; adjustability, where needed, is not a patentable advance (see MPEP § 2144.04(V)(D)). Since Eslambolchi discloses differences in post size and separation as a feature for marker setting, there is need to provide adjustability of such. Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the post sizes and separation adjustable, to achieve the different marker wavelength values taught by Eslambolchi.
Also, Eslambolchi does not specify that the apparatus comprises a processor and a memory, the memory containing instructions executable by the processor such that the apparatus performs the cited functions. However, implementing a known function on a computer has been deemed obvious to one of ordinary skill in the art if the automation of the known function on a general purpose computer is nothing more than the predictable use of prior art elements according to their established functions. KSR Int’l Co. v. Teleflex Inc., 550 U.S. 398, 417, 82 USPQ2d 1385, 1396 (2007). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the generic computing architecture claimed, of a processor plus memory with executable instructions, to implement the processing of the apparatus, since this is merely automation of the known function on a general purpose computer as the predictable use of prior art elements according to their established functions.
Regarding claim 41, Eslambolchi discloses the apparatus according to claim 40, wherein the information comprises location information, and wherein the apparatus is optical to determine location information associated with the optical component system by: determining a distance at which the at least one mechanically introduced optical loss in the first optical path occurred, and based on the determined distance, determining location information associated with the optical component system (col. 3 lines 46-55, the OTDR trace is determining distance of the target wavelength-based indicator, which is realized as location information based on the different fiber ownerships).
Regarding claim 42, Eslambolchi discloses the apparatus according to claim 40, wherein the apparatus is further operable to: based on the determined distance, determine identification information associated with the optical component system, wherein the identification information is also associated with the determined distance (col. 3 lines 46-55, the OTDR trace is determining distance of the target wavelength-based indicator, which is realized as ownership identification information based on the different fiber ownerships).
Claims 36-38 and 43 are rejected under 35 U.S.C. 103 as being unpatentable over Eslambolchi (US Patent No. 7469101) in view of Inoue et al. (“Inoue”) (US Patent No. 5671308).
Regarding claim 36, Eslambolchi discloses the method according to claim 34 but does not disclose that determining the identification information comprises decoding the encoded identification information by determining whether a mechanically introduced loss has occurred at defined points along in the first optical path. Inoue discloses encoding based on mechanically introduced loss and detection of backscatter light (figs. 20-21C and col. 14 line 42 to col. 15 line 42) and discloses that the codes are to be unique identification codes (col. 16 lines 32-37). 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 mechanically adjustable introduced loss of Eslambolchi to use an adjustable encoding based approach in view of Inoue, since making adjustable is prima facie obvious when there is a need for adjustability (see MPEP § 2144.04(V)(D)), with Inoue’s disclosure of unique codes indicating a need to be able to provide different codes, and based on the benefit of increase the amount of information being conveyed by a marker location by codes, relative to Eslambolchi’s limited wavelength value approach.
Regarding claim 37, the combination of Eslambolchi and Inoue discloses the method according to claim 36, wherein the defined points are based on a pattern of mechanically introduced optical losses that would encode the identification information (Inoue: fig. 20 as application for the combination).
Regarding claim 38, the combination of Eslambolchi and Inoue discloses the method according to claim 34 but does not disclose that determining the identification information comprises decoding the encoded identification information by determining a distance between the mechanically introduced losses. Inoue discloses encoding and decoding based on mechanically introduced loss and detection of backscatter light corresponding to distance between introduced losses (figs. 20-21C and col. 14 line 42 to col. 15 line 42). 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 mechanically introduced loss of Eslambolchi to use the encoding based approach taught by Inoue, to provide the benefit of increase the amount of information being conveyed by a marker location.
Regarding claim 43, Eslambolchi discloses the apparatus according to claim 40, wherein the information comprises identification information (col. 3 lines 46-55, the OTDR trace is determining distance of the target wavelength-based indicator, which is realized as ownership identification information based on the different fiber ownerships), but does not disclose that the apparatus is operable to detect at least one mechanically introduced optical loss in the transmitted first optical signal by: detecting a plurality of mechanically introduced optical losses in the first optical path of the optical component system, and wherein the apparatus is operable to determine location information associated with the optical component system by determining identification information associated with the optical component system based on the detected plurality of mechanically introduced optical losses. Inoue discloses encoding based on mechanically introduced loss and detection of backscatter light (figs. 20-21C and col. 14 line 42 to col. 15 line 42) and discloses that the codes are to be unique identification codes (col. 16 lines 32-37). 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 mechanically adjustable introduced loss of Eslambolchi to use an adjustable encoding based approach in view of Inoue, since making adjustable is prima facie obvious when there is a need for adjustability (see MPEP § 2144.04(V)(D)), with Inoue’s disclosure of unique codes indicating a need to be able to provide different codes, and based on the benefit of increase the amount of information being conveyed by a marker location by codes, relative to Eslambolchi’s limited wavelength value approach.
Allowable Subject Matter
Claims 44 and 46-48 are allowed.
Response to Arguments
Applicant's arguments filed 11 June 2026 have been fully considered but are moot in view of the new grounds of rejection.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATHAN M CORS whose telephone number is (571)272-3028. The examiner can normally be reached Monday-Friday.
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/NATHAN M CORS/Primary Examiner, Art Unit 2634
