Prosecution Insights
Last updated: April 19, 2026
Application No. 18/591,296

Auto-provisioning optical channels based on spectrum monitoring

Final Rejection §103
Filed
Feb 29, 2024
Examiner
SANDHU, AMRITBIR K
Art Unit
2634
Tech Center
2600 — Communications
Assignee
Ciena Corporation
OA Round
2 (Final)
82%
Grant Probability
Favorable
3-4
OA Rounds
2y 4m
To Grant
92%
With Interview

Examiner Intelligence

Grants 82% — above average
82%
Career Allow Rate
567 granted / 688 resolved
+20.4% vs TC avg
Moderate +10% lift
Without
With
+9.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
21 currently pending
Career history
709
Total Applications
across all art units

Statute-Specific Performance

§101
1.8%
-38.2% vs TC avg
§103
68.8%
+28.8% vs TC avg
§102
2.1%
-37.9% vs TC avg
§112
15.0%
-25.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 688 resolved cases

Office Action

§103
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 . Response to Arguments 2. Applicant’s arguments filed on 03/02/2026 has been considered but are moot in view of new grounds of rejection. 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 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. 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 1-4 and 6-9 are rejected under 35 USC 103 as unpatentable over Al Sayeed et al; (US 2022/0256263) in view of Chedore et al ;(US 10237633) and further in view of Al Sayeed1 (US 2024/0080093). Regarding claim 1, Al Sayyed discloses a method comprising steps of: monitoring a Media Channel (MC) at an ingress/egress degree of an optical line system configured for operation within an optical spectrum including at least a plurality of MCs,( the controller 40 is configured to manage channel holders through the WSS 22 over an optical link such that each link is at a full-fill condition and a media channel 52 with multiple carriers or with a plurality of signals is intended to be deployed, see paragraphs 32 and 33, see figure 2 and 3 the monitored MC having a spectral range configured to support one or more Network Media Channels (NMCs) assigned to a customer device,( the media channel 52 is fully occupied with the four channels 56a-56d, see paragraph 48 and figure 7) each of the one or more NMCs being provisioned as either a data-loaded signal or a noise-loaded signal;(the media channel 52 with ASE channel holder and with allocated bandwidth for signal (1) and signal (2) 56a and 56b, see figure 4) and a change in presence of a signal within a modified NMC of the one or more NMCs, automatically re-provisioning the modified NMC within the optical spectrum to change the modified NMC between a data-loaded signal and a noise-loaded signal ;( a traffic signal is provisioned or appears from an upstream node 12, the spectrum space is switched from the channel holder sources 20 to the traffic switch port to make adequate spectral space for the traffic signal, see paragraph 29 and when the 2×middle NMCs loss their power due to fiber fault or transmitter fault upstream. Further, in a channel holder-based optical link, those missing signals should be replaced with channel holders to restore the total power to the line, see paragraph 51 and figure 10). However, Al Sayyed does not explicitly disclose in response to detecting, wherein monitoring includes using an Optical Channel Monitor (OCM) to tap into bidirectional passthrough lines between an Optical Cross-Connect (OXC) device of the ingress/ egress degree and the customer device; and wherein automatically re-provision includes re-provisioning or reconfiguring the OXC device to automatically allow usage of the modified NMC. In a related field of endeavor, Chedore discloses in response to detecting ;(the mux 64 can direct output from the ASE noise source 66 as required to any C-Band channel it intends to replace, based on monitoring from the OCM 60, see column 7, lines 2-5 and figure 3). Thus, it would be obvious for one of the ordinary skilled in the art before the effective filling date of the invention to combine the monitoring of the optical channels of Chedore with Al Sayyed to provide the monitoring of the channels for the presence and/or absence of traffic and the motivation is to restore the total power to the optical transmission line. However, the combination of Al Sayyed and Chedore does not explicitly disclose wherein monitoring includes using an Optical Channel Monitor (OCM) to tap into bidirectional passthrough lines between an Optical Cross-Connect (OXC) device of the ingress/ egress degree and the customer device; and wherein automatically re-provision includes re-provisioning or reconfiguring the OXC device to automatically allow usage of the modified NMC. In a related field of endeavor, Al Sayeed1 discloses wherein monitoring includes using an Optical Channel Monitor (OCM) to tap into bidirectional passthrough lines between an Optical Cross-Connect (OXC) device of the ingress/ egress degree and the customer device;(the first OPM device 34 at the output of OXC 30 may take a direct measurement of incoming spectrum and feed that back to the control device 36 and the second OPM device 38 may provide measurement information to the control device 36 to allow the control device 36 to determine if the channels are ready to be re-introduced, see paragraphs 42,44 and figure 1) and wherein automatically re-provision includes re-provisioning or reconfiguring the OXC device to automatically allow usage of the modified NMC ;( the traffic is monitored at the first spectrum monitoring point after the traffic is introduced and then provide feedback control to replace the troubling channels with at this same point, such as the first section-mux location, see paragraph 26). Thus, it would be obvious for one of the ordinary skilled in the art before the effective filling date of the invention to combine the bidirectional optical monitoring of Al Sayeed1 with Al Sayyed and Chedore to provide to determine whether one or more channels of a spectrum of the optical signals are problematic and the motivation is to detect problematic channels of an optical spectrum resulting in a negative impact on spectrum health. Regarding claim 2, Al Sayyed discloses the method of claim 1, wherein the noise-loaded signal is an Amplified Spontaneous Emission (ASE) filled signal spectrum ;(the media channel 52 with ASE channel holder and with allocated bandwidth for signal (1) and signal (2) 56a and 56b, see figure 4). Regarding claim 3, Al Sayyed discloses the method of claim 2, wherein in the presence of the signal includes discovering the presence of a new data-loaded signal, and wherein the step of automatically re-provisioning the modified NMC within the optical spectrum includes steps of: removing an ASE filled signal spectrum from the optical spectrum; and adding the new data-loaded signal to the optical spectrum ;(a traffic signal is provisioned or appears from an upstream node 12, the spectrum space is switched (removed) from the channel holder sources 20 to the traffic switch port to make adequate spectral space (added) for the traffic signal, see paragraph 29). However, the combination of Al Sayyed and Chedore does not explicitly disclose does not explicitly disclose detecting the change. In a related field of endeavor, Chedore discloses detecting the change ;(the mux 64 can direct output from the ASE noise source 66 as required to any C-Band channel it intends to replace, based on monitoring from the OCM 60, see column 7, lines 2-5 and figure 3). Motivation same as claim 1. Regarding claim 4, Al Sayyed discloses the method of claim 2, wherein in the presence of the signal includes discovering an absence of a previously existing data-loaded signal, and wherein the step of automatically re-provisioning the modified NMC within the optical spectrum includes steps of: removing the previously existing data-loaded signal from the optical spectrum; and adding an ASE filled signal spectrum to the optical spectrum; (when the 2×middle NMCs loss their power due to fiber fault or transmitter fault upstream. Further, in a channel holder-based optical link, those missing signals should be replaced with (remove and then added) channel holders to restore the total power to the line, see paragraph 51 and figure 10). However, the combination of Al Sayyed and Chedore does not explicitly disclose does not explicitly disclose detecting the change. In a related field of endeavor, Chedore discloses detecting the change ;(the mux 64 can direct output from the ASE noise source 66 as required to any C-Band channel it intends to replace, based on monitoring from the OCM 60, see column 7, lines 2-5 and figure 3). Motivation same as claim 1. Regarding claim 6, Al Sayyed discloses the method of claim 1, wherein the ingress/egress degree is part of a Reconfigurable Optical Add/Drop Multiplexer (ROADM) device or a Wavelength Selective Switching (WSS) component of the optical line system;(optical network 10 with the plurality of nodes 12 include Wavelength Selective Switches (WSS) 22 for each degree and the WSS 22 can generally be defined as an OADM device/OADM multiplexer circuit pack, see paragraph 28 and figure 2). Regarding claim 7, Al Sayeed discloses the method of claim 1, wherein the optical spectrum is provisioned for a plurality of customer devices each associated with a different MC of the plurality of MCs, each MC having a different spectral range including one or more NMCs ;( a traffic signal 30 between the node 12-1 and the node 12-2, and the traffic signal is added/dropped via a multiplexer/demultiplexer 32 and another traffic signal 34 is added/dropped between the node 12-1 and through the node 12-8 to the node 12-6. Further, the channel holder sources 20 can be injected at each WSS 22 in the multiplexer direction to replicate a channel's signal spectral shape, such that unoccupied or faulted channels can be present on the links 14 for optical power purposes, see paragraphs 28 and 29 and figure 2) and wherein the step of automatically re-provisioning is performed independently for each customer device; (the channel holder sources 20 can be injected locally to fill empty spectrum space, where there is no traffic signal present. When a traffic signal is provisioned or appears from an upstream node 12, the spectrum space is switched from the channel holder sources 20 to the traffic switch port to make adequate spectral space for the traffic signal, see paragraph 29 and figure 2). Regarding claim 8, Al Sayeed does not explicitly disclose the method of claim 1, wherein the one or more NMCs include a plurality of NMCs having a variable range of wavelengths and a variable range of acceptable Power Spectral Density (PSD) levels. In a related field of endeavor, Chedore discloses the method of claim 1, wherein the one or more NMCs include a plurality of NMCs having a variable range of wavelengths and a variable range of acceptable Power Spectral Density (PSD) levels ;(when the wavelength and/or traffic channels are added throughout the systems life, the placeholder ASE in a similar amount of spectrum is removed. The ASE power can be generated using a flattened EDFA with no input and to create a similar power spectral density as the channels it intends to replace, see column 5, lines 56-61). Motivation same as claim 1. Regarding claim 9, Al Sayeed discloses the method of claim 1, further comprising a step of initially provisioning a customer plan as a baseline before the step of monitoring the MC, the customer plan defining the spectral range of the MC,;(an optical spectrum on a media channel 52 includes initial provisioning and subsequent channel additions and the media channel 52 is initially provisioned having the bandwidth intent 54 and a single channel 56a, see paragraph 47) wherein detecting the change in the presence of the signal within the modified NMC includes a comparison with the baseline ;( a media channel 52 including full media channel occupancy, loss of channels, and readjustment with channel holders to replace the lost channels and the WSS 22 reconfigures the optical filters to match the present signals 56b, 56d and the faulted signals 56a, 56c are replaced with the channel holders, see paragraph 48 and figure 7). Claim 5 is rejected under 35 USC 103 as unpatentable over Al Sayeed et al; (US 2022/0256263) in view of Chedore et al ;(US 10237633), and further in view of Al Sayeed1 (US 2024/0080093) and further in view of Al Sayeed2 (US 11990933). Regarding claim 5, the combination of Al Sayeed, Chedore and Al Sayeed1 does not explicitly disclose the method of claim 1, wherein the step of automatically re-provisioning the modified NMC is performed without intervention by a network operator associated with the optical line system or a customer associated with the customer device. In a related field of endeavor, Al Sayeed2 discloses the method of claim 1, wherein the step of automatically re-provisioning the modified NMC is performed without intervention by a network operator associated with the optical line system or a customer associated with the customer device ;(for analyzing optical signals propagating in an optical line system, determining whether one or more channels of a spectrum of the optical signals are problematic based on the severity of a negative impact that the one or more problematic channels have on spectrum health and further auto-squelching the one or more problematic channels and replacing the one or more problematic channels with one or more Amplified Spontaneous Emission (ASE) channel holders, see Abstract). Thus, it would be obvious for one of the ordinary skilled in the art before the effective filling date of the invention to combine the auto-squelching of Al Sayeed2 with Al Sayeed, Chedore and Al Sayeed1 to provide auto-squelching the one or more problematic channels and replacing the one or more problematic channels with one or more Amplified Spontaneous Emission (ASE) channel holders and the motivation is to maintain a continuous power level. Claims 10-14 and 16 are rejected under 35 USC 103 as unpatentable over Al Sayeed et al; (US 2022/0256263) in view of Chedore et al ;(US 10237633) and further in view of Al Sayeed1 (US 2024/0080093). Regarding claim 10, Al Sayeed discloses an ingress/egress degree of an optical line system configured for operation within an optical spectrum including at least a plurality of Media Channels (MCs), the ingress/egress degree comprising: a spectrum monitoring device (controller 40, see figure 2) configured to monitor an MC having a spectral range configured to support one or more Network Media Channels (NMCs) assigned to a customer device,( the controller 40 is configured to manage channel holders through the WSS 22 over an optical link such that each link is at a full-fill condition and a media channel 52 with multiple carriers or with a plurality of signals is intended to be deployed, see paragraphs 32 and 33, see figure 2 and 3) each of the one or more NMCs being provisioned as either a data-loaded signal or a noise-loaded signal ;(the media channel 52 with ASE channel holder and with allocated bandwidth for signal (1) and signal (2) 56a and 56b, see figure 4) and an auto-configuring device configured, a change in presence of a signal within a modified NMC of the one or more NMCs, to automatically re-provision the modified NMC within the optical spectrum to change the modified NMC between a data-loaded signal and a noise-loaded signal ;( a traffic signal is provisioned or appears from an upstream node 12, the spectrum space is switched from the channel holder sources 20 to the traffic switch port to make adequate spectral space for the traffic signal, see paragraph 29 and when the 2×middle NMCs loss their power due to fiber fault or transmitter fault upstream. Further, in a channel holder-based optical link, those missing signals should be replaced with channel holders to restore the total power to the line, see paragraph 51 and figure 10). However, Al Sayyed does not explicitly disclose in response to detecting, including a first Optical Channel Monitor (OCM), wherein monitoring includes using an Optical Channel Monitor (OCM) to tap into bidirectional passthrough lines between an Optical Cross-Connect (OXC) device of the ingress/ egress degree and the customer device; including a second OCM, a controller, and an amplifier for injecting Amplified Spontaneous Emission (ASE), wherein the second OCM is configured to monitor presence, usage, or occupancy of data-carrying channels at a line side of the ingress/egress degree, and wherein the controller is configured to re-provision or reconfigure the OXC device based on monitoring by the first OCM and the second OCM. In a related field of endeavor, Chedore discloses in response to detecting ;(the mux 64 can direct output from the ASE noise source 66 as required to any C-Band channel it intends to replace, based on monitoring from the OCM 60, see column 7, lines 2-5 and figure 3). Thus, it would be obvious for one of the ordinary skilled in the art before the effective filling date of the invention to combine the monitoring of the optical channels of Chedore with Al Sayyed to provide the monitoring of the channels for the presence and/or absence of traffic and the motivation is to restore the total power to the optical transmission line. However, the combination of Al Sayyed and Chedore does not explicitly disclose including a first Optical Channel Monitor (OCM), wherein monitoring includes using an Optical Channel Monitor (OCM) to tap into bidirectional passthrough lines between an Optical Cross-Connect (OXC) device of the ingress/ egress degree and the customer device; including a second OCM, a controller, and an amplifier for injecting Amplified Spontaneous Emission (ASE), wherein the second OCM is configured to monitor presence, usage, or occupancy of data-carrying channels at a line side of the ingress/egress degree, and wherein the controller is configured to re-provision or reconfigure the OXC device based on monitoring by the first OCM and the second OCM. In a related field of endeavor, Al Sayeed1 discloses including a first Optical Channel Monitor (OCM), wherein monitoring includes using an Optical Channel Monitor (OCM) to tap into bidirectional passthrough lines between an Optical Cross-Connect (OXC) device of the ingress/ egress degree and the customer device; (the first OPM device 34 at the output of OXC 30 may take a direct measurement of incoming spectrum and feed that back to the control device 36 , see paragraph 42 and figure 1) including a second OCM, a controller, and an amplifier for injecting Amplified Spontaneous Emission (ASE), (the second OPM device 38 may provide measurement information to the control device 36 to allow the control device 36 to determine if the channels are ready to be re-introduced and ASE, see paragraphs 42,44 and figure 1) wherein the second OCM is configured to monitor presence, usage, or occupancy of data-carrying channels at a line side of the ingress/egress degree, (the second OPM device 38 may provide measurement information to the control device 36 to allow the control device 36 to determine if the channels are ready to be re-introduced (presence usage), see paragraph 44 and figure 1) and wherein the controller is configured to re-provision or reconfigure the OXC device based on monitoring by the first OCM and the second OCM ;( the traffic is monitored at the first spectrum monitoring point after the traffic is introduced and then provide feedback control to replace the troubling channels with at this same point, such as the first section-mux location, see paragraph 26). Thus, it would be obvious for one of the ordinary skilled in the art before the effective filling date of the invention to combine the bidirectional optical monitoring of Al Sayeed1 with Al Sayyed and Chedore to provide to determine whether one or more channels of a spectrum of the optical signals are problematic and the motivation is to detect problematic channels of an optical spectrum resulting in a negative impact on spectrum health. Regarding claim 11, Al Sayeed discloses the ingress/egress degree of claim 10, wherein the ingress/egress degree is part of a Reconfigurable Optical Add/Drop Multiplexer (ROADM) device or a Wavelength Selective Switching (WSS) component of the optical line system ;(optical network 10 with the plurality of nodes 12 include Wavelength Selective Switches (WSS) 22 for each degree and the WSS 22 can generally be defined as an OADM device/OADM multiplexer circuit pack, see paragraph 28 and figure 2). Regarding claim 12, Al Sayeed discloses the ingress/egress degree of claim 10, further comprising an Optical Cross-Connect (OXC) device for channel cross- connect functionality for demultiplexing incoming signals and multiplexing outgoing signals ;(the nodes 12 in optical network can also be referred to as network elements and can include, without limitation, Wavelength Division Multiplex (WDM) terminals, Dense WDM (DWDM) terminals, Optical Add/Drop Multiplexers (OADMs), Reconfigurable OADMs (ROADMs), optical cross-connects, see paragraph 25 and figure 1). Regarding claim 13, AL Sayeed discloses the ingress/egress degree of claim 12, configured to detect a change in presence of the incoming signals associated with the modified NMC causing the re-provisioning of the modified NMC between a data-loaded signal and a noise-loaded signal ;(a traffic signal is provisioned or appears from an upstream node 12, the spectrum space is switched from the channel holder sources 20 to the traffic switch port to make adequate spectral space for the traffic signal, see paragraph 29 and when the 2×middle NMCs loss their power due to fiber fault or transmitter fault upstream. Further, in a channel holder-based optical link, those missing signals should be replaced with channel holders to restore the total power to the line, see paragraph 51 and figure 10). However, the combination of Al Sayeed and Chedore does not explicitly disclose wherein the first OCM is an ingress OCM. In a related field of endeavor, Al Sayeed1 discloses wherein the first OCM is an ingress OCM (the first OPM device 34 at the output of OXC 30 may take a direct measurement of incoming spectrum and feed that back to the control device 36 , see paragraph 42 and figure 1). Motivation same as claim 10. Regarding claim 14, AL Sayeed discloses the ingress/egress degree of claim 12, configured to detect a change in presence of the outgoing signals associated with the modified NMC causing the re-provisioning of the modified NMC between a data-loaded signal and a noise-loaded signal ;(a traffic signal is provisioned or appears from an upstream node 12, the spectrum space is switched from the channel holder sources 20 to the traffic switch port to make adequate spectral space for the traffic signal, see paragraph 29 and when the 2×middle NMCs loss their power due to fiber fault or transmitter fault upstream. Further, in a channel holder-based optical link, those missing signals should be replaced with channel holders to restore the total power to the line, see paragraph 51 and figure 10). However, the combination of Al Sayeed and Chedore does not explicitly disclose wherein the second OCM is an egress OCM. In a related field of endeavor, Al Sayeed1 discloses an egress Optical Channel Monitor (OCM), the egress OCM ;(the second OPM device 38 may provide measurement information to the control device 36 to allow the control device 36 to determine if the channels are ready to be re-introduced (presence usage), see paragraph 44 and figure 1). Motivation same as claim 10. Regarding claim 16, Al Sayeed discloses the ingress/egress degree of claim 10, wherein the spectrum monitoring device (controller 40, see figure 2) is configured to bidirectionally detect the change in the presence of data-loaded signal based on customer initiated channel adding or remote channel adding ;( the channel holder sources 20 can be injected locally to fill empty spectrum space, where there is no traffic signal present. When a traffic signal is provisioned or appears from an upstream node 12, the spectrum space is switched from the channel holder sources 20 to the traffic switch port to make adequate spectral space for the traffic signal and including complementary equipment in the opposite direction to form bidirectional connectivity, see paragraphs 28 and 29 and figure 2). However, the combination of Al Sayeed and Chedore does not explicitly disclose using the first OCM via one or more taps into bidirectional passthrough lines between the OXC device and the customer device. In a related field of endeavor, Al Sayeed1 discloses using the first OCM via one or more taps into bidirectional passthrough lines between the OXC device and the customer device; (the first OPM device 34 at the output of OXC 30 may take a direct measurement of incoming spectrum and feed that back to the control device 36 , see paragraph 42 and figure 1). Motivation same as claim 10. Claim 15 is rejected under 35 USC 103 as unpatentable over Al Sayeed et al; (US 2022/0256263) in view of Chedore et al ;(US 10237633), further in view of Al Sayeed1 (US 2024/0080093) and further in view of Al Sayeed2 (US 11990933). Regarding claim 15, the combination of Al Sayeed, Chedore and Al Sayeed1 does not explicitly discloses the ingress/egress degree of claim 10, wherein the customer device is a Network Element (NE) configured for use in one or more of a terrestrial optical system and a submarine optical system. In a related field of endeavor, Al Sayeed2 discloses the ingress/egress degree of claim 10, wherein the customer device is a Network Element (NE) configured for use in one or more of a terrestrial optical system and a submarine optical system ;(optical network with Node A and node B with Reconfigurable Optical Add/Drop Multiplexer (ROADM) configurations (both terrestrial and submarine configurations), see column 5, lines 61-63). Thus, it would be obvious for one of the ordinary skilled in the art before the effective filling date of the invention to combine optical node with terrestrial and submarine configuration of Al Sayeed2 with Al Sayeed, Chedore and Al Sayeed1 to provide spectrum monitoring device, for terrestrial and submarine configuration and motivation is to provide auto squelching the one or more problematic channels and replacing them. Claims 17-19 are rejected under 35 USC 103 as unpatentable over Al Sayeed et al; (US 2022/0256263) in view of Chedore et al ;(US 10237633) further in view of Al Sayeed1 (US 2024/0080093). Regarding claim 17, Al Sayeed discloses a non-transitory computer-readable medium configured to store an automatic channel provisioning program having logical computer code with instructions that enable a processing device to perform steps of: monitoring a Media Channel (MC) at an ingress/egress degree of an optical line system configured for operation within an optical spectrum including at least a plurality of MCs, ( the controller 40 is configured to manage channel holders through the WSS 22 over an optical link such that each link is at a full-fill condition and a media channel 52 with multiple carriers or with a plurality of signals is intended to be deployed, see paragraphs 32 and 33, see figure 2 and 3) the monitored MC having a spectral range configured to support one or more Network Media Channels (NMCs) assigned to a customer device,( the media channel 52 is fully occupied with the four channels 56a-56d, see paragraph 48 and figure 7) each of the one or more NMCs being provisioned as either a data-loaded signal or a noise-loaded signal;(the media channel 52 with ASE channel holder and with allocated bandwidth for signal (1) and signal (2) 56a and 56b, see figure 4) and a change in presence of a signal within a modified NMC of the one or more NMCs, automatically re-provisioning the modified NMC within the optical spectrum to change the modified NMC between a data-loaded signal and a noise-loaded signal ;( a traffic signal is provisioned or appears from an upstream node 12, the spectrum space is switched from the channel holder sources 20 to the traffic switch port to make adequate spectral space for the traffic signal, see paragraph 29 and when the 2×middle NMCs loss their power due to fiber fault or transmitter fault upstream. Further, in a channel holder-based optical link, those missing signals should be replaced with channel holders to restore the total power to the line, see paragraph 51 and figure 10). However, Al-Sayeed does not explicitly disclose in response to detecting, wherein monitoring includes using an Optical Channel Monitor (OCM) to tap into bidirectional passthrough lines between an Optical Cross-Connect (OXC) device of the ingress/ egress degree and the customer device; and wherein automatically re-provision includes re-provisioning or reconfiguring the OXC device to automatically allow usage of the modified NMC. In a related field of endeavor, Chedore discloses in response to detecting ;(the mux 64 can direct output from the ASE noise source 66 as required to any C-Band channel it intends to replace, based on monitoring from the OCM 60, see column 7, lines 2-5 and figure 3). Thus, it would be obvious for one of the ordinary skilled in the art before the effective filling date of the invention to combine the monitoring of the optical channels of Chedore with Al Sayyed to provide the monitoring of the channels for the presence and/or absence of traffic and the motivation is to restore the total power to the optical transmission line. However, the combination of Al Sayyed and Chedore does not explicitly disclose wherein monitoring includes using an Optical Channel Monitor (OCM) to tap into bidirectional passthrough lines between an Optical Cross-Connect (OXC) device of the ingress/ egress degree and the customer device; and wherein automatically re-provision includes re-provisioning or reconfiguring the OXC device to automatically allow usage of the modified NMC. In a related field of endeavor, Al Sayeed1 discloses wherein monitoring includes using an Optical Channel Monitor (OCM) to tap into bidirectional passthrough lines between an Optical Cross-Connect (OXC) device of the ingress/ egress degree and the customer device;(the first OPM device 34 at the output of OXC 30 may take a direct measurement of incoming spectrum and feed that back to the control device 36 and the second OPM device 38 may provide measurement information to the control device 36 to allow the control device 36 to determine if the channels are ready to be re-introduced, see paragraphs 42,44 and figure 1) and wherein automatically re-provision includes re-provisioning or reconfiguring the OXC device to automatically allow usage of the modified NMC ;( the traffic is monitored at the first spectrum monitoring point after the traffic is introduced and then provide feedback control to replace the troubling channels with at this same point, such as the first section-mux location, see paragraph 26). Thus, it would be obvious for one of the ordinary skilled in the art before the effective filling date of the invention to combine the bidirectional optical monitoring of Al Sayeed1 with Al Sayyed and Chedore to provide to determine whether one or more channels of a spectrum of the optical signals are problematic and the motivation is to detect problematic channels of an optical spectrum resulting in a negative impact on spectrum health. Regarding claim 18, Al-Sayeed discloses the non-transitory computer-readable medium of claim 17, wherein the noise-loaded signal is an Amplified Spontaneous Emission (ASE) filled signal spectrum;(the media channel 52 with ASE channel holder and with allocated bandwidth for signal (1) and signal (2) 56a and 56b, see figure 4). Regarding claim 19, Al- Sayeed discloses the non-transitory computer-readable medium of claim 18, wherein in the presence of the signal includes one or more of: discovering the presence of a new data-loaded signal, wherein automatically re-provisioning the modified NMC within the optical spectrum includes a) removing an ASE filled signal spectrum from the optical spectrum and b) adding the new data-loaded signal to the optical spectrum; ;(a traffic signal is provisioned or appears from an upstream node 12, the spectrum space is switched (removed) from the channel holder sources 20 to the traffic switch port to make adequate spectral space (added) for the traffic signal, see paragraph 29) and discovering an absence of a previously existing data-loaded signal, wherein automatically re-provisioning the modified NMC within the optical spectrum includes a) removing the previously existing data-loaded signal from the optical spectrum and b) adding an ASE filled signal spectrum to the optical spectrum(when the 2×middle NMCs loss their power due to fiber fault or transmitter fault upstream. Further, in a channel holder-based optical link, those missing signals should be replaced with (remove and then added) channel holders to restore the total power to the line, see paragraph 51 and figure 10). However, the combination of Al Sayyed and Al Sayeed1 does not explicitly disclose detecting the change. In a related field of endeavor, Chedore discloses detecting the change ;(the mux 64 can direct output from the ASE noise source 66 as required to any C-Band channel it intends to replace, based on monitoring from the OCM 60, see column 7, lines 2-5 and figure 3). Motivation same as claim 1. Claim 20 is rejected under 35 USC 103 as unpatentable over Al Sayeed et al; (US 2022/0256263) in view of Chedore et al ;(US 10237633) further in view of Al Sayeed1 (US 2024/0080093) and further in view of Al Sayeed2 (US 11990933). Regarding claim 20, the combination of Al Sayeed, Chedore and Al Sayeed1 does not explicitly disclose the non-transitory computer-readable medium of claim 17, wherein automatically re-provisioning the modified NMC is performed without intervention by a network operator associated with the optical line system or a customer associated with the customer device. In a related field of endeavor, Al Sayeed2 discloses the non-transitory computer-readable medium of claim 17, wherein automatically re-provisioning the modified NMC is performed without intervention by a network operator associated with the optical line system or a customer associated with the customer device ;(for analyzing optical signals propagating in an optical line system, determining whether one or more channels of a spectrum of the optical signals are problematic based on the severity of a negative impact that the one or more problematic channels have on spectrum health and further auto-squelching the one or more problematic channels and replacing the one or more problematic channels with one or more Amplified Spontaneous Emission (ASE) channel holders, see Abstract). Thus, it would be obvious for one of the ordinary skilled in the art before the effective filling date of the invention to combine the auto-squelching of Al Sayeed2 with Al Sayeed, Chedore and Al Sayeed1 to provide auto-squelching the one or more problematic channels and replacing the one or more problematic channels with one or more Amplified Spontaneous Emission (ASE) channel holders and the motivation is to maintain a continuous power level. Conclusion 3. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure as reproduced below. a. Cai (US 12506555) discloses reconfigurable optical add/drop multiplexer using a wavelength selective switch (WSS) component to multiplex wavelength channels into a wavelength division multiplexed (WDM) signal. When a given channel is dropped, an amplified spontaneous emission (ASE) injection signal is multiplexed as a ghost channel into the WDM signal, see figure 1. b. Piciaccia et al; (US 2023/0412267) discloses a method obtaining optical channel spectrum data that includes amplified spontaneous emission data and channel data associated with optical signals propagated through an optical fiber; fitting an amplified spontaneous emission trend to the amplified spontaneous emission data; fitting a channel trend to the channel data; jointly optimizing the amplified spontaneous emission trend and the channel trend to determine an optimized channel trend; see figure 6. c. Mertz et al; (US 2018/0269964) discloses a method for detecting the loss of spectrum in the optical signal, at least one idler carrier without data imposed is supplied into the optical signal spectrum transmitted from the first node to the second node, the optical signal spectrum encompassing a frequency band including a plurality of optical channels, the idler carrier being amplified stimulated emission light having a frequency corresponding to a first optical channel of the plurality of optical channels. Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 AMRITBIR K SANDHU whose telephone number is (571)270-1894. The examiner can normally be reached M-F 9am to 5pm. 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, Kenneth Vanderpuye can be reached at 571-272-3078. 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. /AMRITBIR K SANDHU/ Primary Examiner, Art Unit 2634
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Prosecution Timeline

Feb 29, 2024
Application Filed
Jan 07, 2026
Non-Final Rejection — §103
Mar 02, 2026
Response Filed
Mar 23, 2026
Final Rejection — §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

3-4
Expected OA Rounds
82%
Grant Probability
92%
With Interview (+9.7%)
2y 4m
Median Time to Grant
Moderate
PTA Risk
Based on 688 resolved cases by this examiner. Grant probability derived from career allow rate.

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