Detail Action
This office action is response to the application 18/609,956 filed on 03/19/2024. Claims 1-3 are pending in this communication.
Priority
This application is a CON of 18/105,557 02/03/2023 PAT US 11,968,483 … PCT/US2013/053389 has PRO 61/678,977 08/02/2012. Priority date has been accepted.
Examiner’s Note
The examiner is requesting the applicant’s representative to provide direct phone number and email address in next communication, which will be very helpful to advance the prosecution.
Double Patenting
The non-statutory non-provisional double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper time wise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A non-statutory obviousness-type double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a non-statutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
Claims are non- provisionally rejected on the ground of non-statutory obviousness-type double patenting as being unpatentable over claims of the patent US 11,968,483 in view of prior art SANDERSON; David M. (US 2004/0223497 A1).
The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Independent claim 1 of the instant application are obvious type double patenting of the Patent No. US 11,968,483’s independent claim 1. Dependent claims 2-3 are also rejected for similar reason as the independent claims.
Therefore, claims 1-3 are rejected.
Allowable subject matter
Independent claim 1 will be allowable if a Terminal Disclosure is filed and approved for the parent patent US 11,968,483.
The dependent claims which further limit claim 1 also are allowable by virtue of their dependency.
Reasons of allowance: what is missing from the prior arts is: A Passive Optical Network optical line terminal receives multiple data streams, including private data streams virtually separated using Virtual Routing and Forwarding, intended for various Optical Network Units serving different network devices. The optical line terminal aggregates these into a common data feed, which is distributed and replicated via an optical splitter to the Optical Network Units. Each Optical Network Unit then extracts its designated private data stream, comprising Internet Protocol data packages, and forwards it to the intended network device.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to QUAZI FAROOQUI whose telephone number is (571) 270-1034 or Quazi.farooqui@uspto.gov. The examiner can normally be reached on Monday-Friday 9:00 am to 5:30 pm, EST. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Bill Korzuch can be reached on (571) -272-7589 or William.Korzuch@USPTO.GOV. The fax phone number for Examiner Farooqui assigned is 571-270-2034.
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/QUAZI FAROOQUI/
Primary Examiner, Art Unit 2491