This Office action is in response to application filed on 3/28/2024.
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 .
Preliminary Amendment
1. Preliminary Amendment filed 3/28/2024 to the claims is accepted and entered. In this amendment:
Claims 1, 3-5, 7, 11-12, and 15-17 have been amended.
Claims 1-21 have been examined.
Abstract Objection
2. The Abstract filed on 3/28/2024 is objected to because of the following informalities:
The abstract must be as concise as the disclosure permits. The language should be clear and concise and should not repeat information given in the title or in the claims body. It should avoid using phrases, e.g., “The present disclosure …”, “It is an object of the present invention…”, or “This object is achieved by …”, and so on. See MPEP § 608.01(b) and 37 C.F.R. 1.438. The purpose of the abstract is to enable the Office and the public generally to determine quickly from a cursory inspection the nature and gist of the technical disclosure. See MPEP § 608.01(b) and 37 C.F.R. 1.72.
Note: The abstract should be labeled with “CURRENT AMENDMENT”.
Appropriate correction is required.
Claim Objections
3. Claims 1-21 are objected for the following reasons:
Claims 1, 12 and 16 are missing the word “A” in the beginning of the preamble, i.e., claim 1: “A [[M]]measurement application device comprising:” Claims 12 and 16 should be corrected the same as in claim 1.
Claims 2-11, 13-15, and 17-21 are missing the word “the” in the beginning of all dependent claims, i.e., in claim 2: “The [[M]]measurement application device according to claim 1”. This should apply to all other dependent claims where applicable.
Claim 3 lines 4-5 and 8 recite “at least one of one of” should read “at least one of
Claim 9 recites “the order of arrival” should read “[[the]]an order of arrival”.
Claims 18-20 recite “the step of” should read “[[the]]a step of”.
Claim 21 recites “each one of the parallel sections” should be “each one of the multiple sections?
Appropriate correction is required.
Claim Rejections - 35 USC § 101
4. 35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
5. Claims 1-21 are rejected under 35 U.S.C. 101 as the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon,
or an abstract idea) without significantly more.
Regarding claims 1, 12 and 16, the examiner submits that under Step 1 of the 2024 Guidance Update on Patent Subject Matter Eligibility, Including on Artificial Intelligence (see also 2019 Revised Patent Subject Matter Eligibility Guidance) for evaluating claim for eligibility under 35 U.S.C. 101, the claims are machines and process, which are the statutory categories of invention.
Regarding claim 1, continuing with the analysis, under Step 2A - Prong One of the test, the limitations (see Italic font below) of:
“Measurement application device comprising: a signal input interface configured to receive a pulse-amplitude modulated (PAM-N) signal with a predetermined number of characterizing signal levels; a signal mapper coupled to the signal input interface, wherein the signal mapper is configured to map each one of the characterizing signal levels of the PAM-N signal to a specific signal level representation; and a display device coupled to the signal mapper, and configured to display the specific signal level representations” fall into the grouping of mathematical concepts.
Regarding claim 12 under Step 2A - Prong One of the test, the limitations (see Italic font below) of:
“Signal filter device comprising: an input interface configured to receive a pulse-amplitude modulated (PAM-N) signal with a predetermined number of characterizing signal levels; a pass-through filter coupled to the signal input interface and configured to filter the PAM-N signal; and an output interface configured to output the filtered PAM-N signal, wherein the pass-through filter is configured to only pass through signal pulses of the PAM-N signal that comprise at least one of: at least one of a number of predetermined signal levels; or at least one of a number of predetermined signal level steps” fall into the grouping of mathematical concepts.
Therefore, the claims recite a judicial exception under Step 2A - Prong One of the test.
Furthermore, under Step 2A - Prong Two of the test, this judicial exception is not integrated into a practical application. In particular, the additional elements recited in the claims:
Regarding claim 1 (see above limitations in non-Italic font under Prong-One are pasted below):
“Measurement application device comprising: a signal input interface configured
to receive a pulse-amplitude modulated (PAM-N) signal with a predetermined number of characterizing signal levels; a signal mapper coupled to the signal input interface, wherein the signal mapper; and a display device coupled to the signal mapper, and configured to display the specific signal level representations.”
The additional limitation of the claim above is mere data gathering, i.e., receiving a PAM-N signal is considered collecting data in a predetermined number of signal level of a PAM-N modulator, adding extra-solution activity, i.e., receiving data, and recited at a high level of generality, see MPEP 2106.05(d); a signal mapper connected to input interface, which is a computer tool for mapping signal, using a computer as a tool to perform an abstract idea (see MPEP 2106.05(f)); and a display device coupled to the signal mapper to display the signal that also add extra-solution activity (i.e., output signal) (see MPEP 2106.05(g))
Regarding claim 12 (see above limitation in non-Italic font under Prong-One is pasted below):
“Signal filter device comprising: an input interface configured to receive a pulse-
amplitude modulated (PAM-N) signal with a predetermined number of characterizing signal levels; a pass-through filter coupled to the signal input interface; and an output interface configured to output the filtered PAM-N signal”
The additional limitation of the claim above is mere data gathering, i.e., receiving a PAM-N signal is considered collecting data in a predetermined number of signal level of a PAM-N modulator, adding extra-solution activity, i.e., receiving data, and recited at a high level of generality, see MPEP 2106.05(d); a pass-through filter connected to input interface, which is a computer tool for filtering, using a computer as a tool to perform an abstract idea (see MPEP 2106.05(f)); and an output interface to output the filter signal that also add extra-solution activity (i.e., output signal) (see MPEP 2106.05(g))
Accordingly, those above additional elements, when considered individually and in combination, do not integrate the judicial exception into a practical application because they do not impose any meaningful limits on practicing the abstract idea when considering the claims as a whole. The claims are directed to a judicial exception under Step 2A of the test.
Additionally, under Step 2B of the test, claims 1 and 12 do not include additional elements that, when considered individually and in combination, are sufficient to amount to significantly more than the judicial exception because the additional elements:
recite extra-solution activities (i.e., mere data gathering, output data), i.e., adding
insignificant extra-solution activities to the judicial exception. See MPEP 2106.05(g).
generally linking the use of the judicial exception to a particular technological
environment or field of use, see MPEP 2106.05(h), i.e., using a computer as a tool (e.g., a signal mapper, a pass-through filter) to perform abstract idea, see MPEP 2106.05(f).
The claims, when considered as a whole, do not provide significantly more
under Step 2B of the test. Based on the analysis, the claims are not patent eligible.
Similarly, independent claim 16 is directed to a judicial exception (abstract idea) without significantly more as explained above with regards to claim 1.
Regarding the dependent claims 2-11, 13-15 and 17-21, they are also directed to the non-statutory subject matter because:
they just extend the abstract idea of the independent claims by additional
limitations, that under the broadest interpretation in light of the specification, cover performance of the limitations using mathematical concepts, and
the additional elements recited in the dependent claims, when considered
individually and in combination, refer to extra-solution activities and at a high
level of generality, i.e., receiving data, output/display data (claims 4-6, 13, 15, and 19-20) and used to facilitate the application of the abstract idea (claims 2-3, 7-11, 14, 17-18 and 21), which as indicated in the Office's guidance does not integrate the judicial exception into a practical application (Step 2A -Prong Two) and/or does not provide significantly more (Step 2B).
Claim Rejections - 35 USC § 102
6. 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.
A person shall be entitled to a patent unless -
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
7. Claims 1-2, 5-10, and 16-21 are rejected under AIA 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated over US 2022/0394218 of Yu et al., hereinafter Yu.
As per Claim 1, Yu teaches measurement application device comprising:
a signal input interface configured to receive a pulse-amplitude modulated (PAM-N) signal with a predetermined number of characterizing signal levels ( Fig 8 shows linear laser circuit 816 obtains PAM4 electrical signal 838. It is noted a linear laser circuit having an input signal interface to operate and modulate the laser, see [0116], and PAM4 is a 4-level PAM signal, where 4-level is a predetermined number of characterizing signal levels );
a signal mapper coupled to the signal input interface, wherein the signal mapper is configured to map each one of the characterizing signal levels of the PAM-N signal to a specific signal level representation ( PAM waveform 500 represents PAM4 modulation scheme, and “demodulating a PAM waveform 500” considered ”a signal mapper”, see [0099], i.e., PAM waveform 500 supports 4 encoded symbols 0,1,2,3, these symbols are mapped to encoded symbols 0,1,2, and 3 respectively, see [0104] ); and
a display device coupled to the signal mapper, and configured to display the specific signal level representations ( Fig 1 shows video source 102 connected with the transmitting end, and the receiving end connected with the display end, e.g., video sink 108, the transmitting performs high-order PAM4 modulation on the high speed audio-video signals and output to a video sink 108, see [0096] ).
As per Claim 2, Yu teaches measurement application device according to claim 1, wherein the PAM-N signal comprises a PAM signal with more than four characterizing signal levels ( see [0060], [0096]. PAM8 is an 8-level PAM signal, where 8-level is a predetermined number of characterizing signal levels ).
As per Claim 5, Yu teaches measurement application device according to claim 1, further comprising a signal display processor coupled to the display device and configured to control the display device to display the signal level representations in a dynamic waterfall diagram ( video source such as a digital signal processor considered “a signal display processor” coupled to “video sink” considered “display device”, see [0057]-[0059] ).
As per Claim 6, Yu teaches measurement application device according to claim 5, wherein the signal display processor is further configured to control the display device to display the signal level representations in a single column in the dynamic waterfall diagram ( Fig 13: single channel optical signal 1222. It is noted “a single channel optical signal” appears as a single, continuous vertical column on a dynamic waterfall display, see [0175] ).
As per Claim 7, Yu teaches measurement application device according to claim 5, further comprising a sorting unit coupled to the display device and configured to sort the signal level representations into multiple groups, and to provide the sorted signal level representations to the signal display processor (Fig 10-multiplexing units 1022, 1024 considered “sorting unit” multiplex out-of-band signals 1006,1008,1010 into two channels, see [0156], Fig 1 shows channels 110,114,116 coupled to receiver and display, i.e., video sink, see [0057]-[0059] ), wherein the signal display processor is further configured to control the display device to display the sorted signal level representations in multiple parallel sections of the dynamic waterfall diagram according to the multiple groups ( channels 110,112,114, each represents a single channel. Use parallel-serial and serial-parallel conversion to convert audio/video signal [0008]. It is noted “a single channel optical signal” appears as a single, continuous vertical column on a dynamic waterfall display, see also Fig 13, [0175] ).
As per Claim 8, Yu teaches measurement application device according to claim 7, wherein each of the parallel sections refers to signal level representations that refer to a characterizing signal level comprising a specific signal level step sequence (converted into specific amplitudes, i.e., adjusted PAM electrical signal 1530, see [0190], each high-speed audio-video electrical signal is a non-return to zero (NRZ) format considered “specific signal level sequence” ).
As per Claim 9, Yu teaches measurement application device according to claim 5, wherein the signal display processor is further configured to control the display device to display the signal level representations in the order of arrival of the characterizing signal levels in the PAM-N signal ( the video sink 108 for displaying audio-video data such as HDMI data, see [0059], It is noted each signal transmitted over HDMI sequentially, see [0226]-[0230] ).
As per Claim 10, Yu teaches measurement application device according to claim 5, wherein the signal display processor is further configured to control the display device to display the signal level representations in a different order than the order of arrival of the characterizing signal levels in the PAM-N signal ( the video sink 108 for displaying audio-video data such as HDMI data, see [0059], It is noted each signal transmitted over HDMI in different sequentially, see [0226]-[0230] ).
Claim 16 is rejected for the same rationale as in claim 1.
As per Claim 17, Yu teaches method according to claim 16, further comprising
filtering the PAM-N signal by one of: a) only passing through signal pulses of the PAM-N signal that comprise at least one of: one of a number of predetermined signal levels, or one of a number of predetermined signal level step sequences; or b) only passing through signal level representations that represent at least one of: one of a number of predetermined signal levels, or one of a number of predetermined signal level step sequences (converted into specific amplitudes, i.e., adjusted PAM electrical signal 1530, see [0190], each high-speed audio-video electrical signal is “a non-return to zero (NRZ) format” considered “specific signal level sequence and discrete” ).
As per Claim 18, Yu teaches method according to claim 16, further comprising controlling the step of displaying to display the signal level representations in a dynamic waterfall diagram ( channels 110,112,114, each represents a single channel [0057]. It is noted “a single channel optical signal” appears as a single, continuous vertical column on a dynamic waterfall display, see also Fig 13, [0175] ).
As per Claim 19, Yu teaches method according to claim 18, further comprising controlling the step of displaying to display the signal level representations in a single column in the dynamic waterfall diagram ( video sink display HDMI data, i.e., out-of-bank signals [0010], [0058] ).
As per Claim 20, Yu teaches method according to claim 18, further comprising
sorting the signal level representations into multiple groups (Fig 10-multiplexing units 1022, 1024 considered “sorting unit” multiplex out-of-band signals 1006,1008,1010 into two channels, see [0156], Fig 1 shows channels 110,114,116 coupled to receiver and display, i.e., video sink, see [0057]-[0059] ), and
controlling the step of displaying to display the sorted signal level representations in multiple parallel sections of the dynamic waterfall diagram according to the multiple groups ( channels 110,112,114, each represents a single channel. Use parallel-serial and serial-parallel conversion to convert audio/video signal [0008]. It is noted “a single channel optical signal” appears as a single, continuous vertical column on a dynamic waterfall display, see also Fig 13, [0175] ).
As per Claim 21, Yu teaches method according to claim 20, wherein each one of the parallel sections refers to signal level representations that refer to a characterizing signal level comprising a specific signal level step sequence (converted into specific amplitudes, i.e., adjusted PAM electrical signal 1530, see [0190], each high-speed audio-video electrical signal may be in a non-return to zero (NRZ) format considered “specific signal level sequence” ).
Claim Rejections - 35 USC § 103
8. The following is a quotation under AIA of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action.
A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made.
9. Claims 3-4 and 12-15 are rejected under AIA 35 U.S.C. 103 as being obvious over Yu in view of US patent 7983569 of Agazzi.
As per Claim 3, Yu teaches measurement application device according to claim 1, but Yu does not teach wherein the pass-through filter is one of: coupled between the signal input interface and the signal mapper, and configured to only pass through signal pulses of the PAM-N signal that comprise at least one of one of a number of predetermined signal levels, and one of a number of predetermined signal level step sequences; or coupled between the signal mapper and the display device, and configured to only pass through signal level representations that represent at least one of one of a number of predetermined signal levels, and one of a number of predetermined signal level step sequences.
Agazzi teaches the pass-through filter is one of: coupled between the signal input interface and the signal mapper, and configured to only pass through signal pulses of the PAM-N signal that comprise at least one of one of a number of predetermined signal levels ( Fig 6 shows high-pass filter 605 considered “a pass-through filter” pass through PAM-5, slicer 621 considered “a signal input interface” coupled to “PCS 627” considered “signal mapper” to map PAM-5 symbols, see col 9 lines 63-65 ), and one of a number of predetermined signal level step sequences ( PAM-5 levels in sequence, see col 6 lines 48-49 ) or coupled between the signal mapper and the display device, and configured to only pass through signal level representations that represent at least one of one of a number of predetermined signal levels, and one of a number of predetermined signal level step sequences ( Fig 6 shows high-pass filter 605 considered “a pass-through filter” pass through PAM-5 coupled between “PCS 627” considered “signal mapper” and display 617A, see col 9 lines 50-53 and 63-65, PAM-5 levels in sequence, see col 6 lines 48-49 ).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the present claimed invention, to modify the teaching of Yu having a pass-through filter coupled with signal mapper and input interface or the display as taught by Agazzi that would filter the input signal and minimizing low frequency excursion (Agazzi, col 7 lines 56-59).
As per Claim 4, Yu in view of Agazzi teaches measurement application device according to claim 3, Agazzi further teach comprising a user interface configured to receive configuration data from a user, wherein the configuration data indicates at least one of: at least one of the predetermined signal levels; or at least one of the predetermined signal level step sequences ( Fig 2: user device 117 receive data, i.e., video data, i.e., the data output of the PCS 221 is provided to a user interface, see col 3 lines 4-5 and 50-54 ). It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the present claimed invention, to modify the teaching of Yu having a user to receive data as taught by Agazzi that would display data to the user (Agazzi, col 9 lines 50-53).
As per Claim 12, Yu teaches signal filter device comprising:
an input interface configured to receive a pulse-amplitude modulated (PAM-N) signal with a predetermined number of characterizing signal levels ( Fig 8 shows linear laser circuit 816 obtains PAM4 electrical signal 838. It is noted a linear laser circuit having an input signal interface to operate and modulate the laser, see [0116], and PAM4 is a 4-level PAM signal, where 4-level is a predetermined number of characterizing signal levels ).
Yu does not teach a pass-through filter coupled to the signal input interface and configured to filter the PAM-N signal; and an output interface configured to output the filtered PAM-N signal, wherein the pass-through filter is configured to only pass through signal pulses of the PAM-N signal that comprise at least one of: at least one of a number of predetermined signal levels; or at least one of a number of predetermined signal level steps.
Agazzi teaches a pass-through filter coupled to the signal input interface and configured to filter the PAM-N signal ( Fig 6 shows high-pass filter 605 considered “a pass-through filter” pass through PAM-5, slicer 621 considered “a signal input interface” coupled to “PCS 627” considered “signal mapper” to map PAM-5 symbols, see col 9 lines 63-65); and
an output interface configured to output the filtered PAM-N signal, wherein the pass-through filter is configured to only pass through signal pulses of the PAM-N signal that comprise at least one of: at least one of a number of predetermined signal levels; or at least one of a number of predetermined signal level steps ( high-pass filter 605 passes through PAM-5, where 5-level is a number of predetermined signal levels/steps, see col 6 lines 39-41 and 48-49, and display 617A showing 5 discrete levels, see col 9 lines 50-52 and 63-65 ).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the present claimed invention, to modify the teaching of Yu having a pass-through filter and display as taught by Agazzi that would filter the input signal and minimizing low frequency excursion (Agazzi, col 7 lines 56-59).
As per Claim 13, Yu in view of Agazzi teaches signal filter according to claim 12, Yu further teaches wherein the input interface comprises a digital interface, and wherein the PAM-N signal is received as digital signal ( video source such as a digital signal processor considered “a signal display processor” coupled to “video sink” considered “display device”, see [0057]-[0059] ).
As per Claim 14, Yu in view of Agazzi teaches signal filter according to claim 12, Yu teaches wherein the PAM-N signal comprises a PAM signal with more than four characterizing signal levels. (see [0060], [0096]. PAM8 is an 8-level PAM signal, where 8-level is a predetermined number of characterizing signal levels ).
As per Claim 15, Yu in view of Agazzi teaches signal filter according to claim 12, Yu teaches further comprising a configuration interface configured to receive configuration data that indicates at least one of: at least one of the predetermined signal levels; or at least one of the predetermined signal level steps (PAM8 is an 8-level PAM signal, where 8-level is a predetermined number of characterizing signal levels, see col 6 lines 39-41 and 48-49, and PAM8 is a discrete-level signal, i.e., 5 distinct voltage steps, see col 9 lines 50-52 and 63-65 ).
10. Claim 11 is rejected under AIA 35 U.S.C. 103 as being obvious over Yu in view of US 2022/0069918 of Yue et al., hereinafter Yue.
As per Claim 11, Yu teaches measurement application device according to claim 1, Yu does not explicitly teach wherein each one of the signal level representations comprises at least one of a predetermined shape, a predetermined color, or a predetermined size. Yue teaches each one of the signal level representations comprises at least one of a predetermined shape, a predetermined color, or a predetermined size ( PAM followed by applying Nyquist shaping to the digital signal to
generate a filtered digital signal [0020], multiplexing channels using different roll-off factors “ROFs” of Nyquist shaping [0018], [0026], Nyquist shaping provides an almost rectangular shape frequency response, see [0028] ). It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the present claimed invention, to modify the teaching of Yu having a predetermined shape as taught by Agazzi that would apply Nyquist shaping to the digital signal to generate a filtered digital signal that can improve the spectral efficiency, e.g., decrease the spacing between adjacent wavelengths (Yue, [0020] ).
Conclusion
11. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 2023/0318714 of Iannone (Optical transmitter for passive optical networks)
US 2022/0400034 of Kappertz et al., (Pulse-amplitude modulation transceiver, field device and method for operating the pulse-amplitude modulation transceiver).
12. Any inquiry concerning this communication or earlier communications from the
examiner should be directed to LYNDA DINH whose telephone number is (571) 270-
7150. The examiner can normally be reached on M-F 10 AM - 6 PM ET.
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/LYNDA DINH/Examiner, Art Unit 2857
/LINA CORDERO/Primary Examiner, Art Unit 2857
Prosecution Insights