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
The combination of Hu and Guo teach what is claimed in claim 1 as well as the other independent claims. In light of the interview, applicant has amended the independent claims to further include measuring the power level of a single channel of a WDM signal. As was discussed in the interview, the ROADMs taught in Hu, (FIG. 3: 319), would not be capable of detecting the power level of a single channel of a WDM signal. Hu describes its OCM, (FIG. 3: 352), as being capable of “sweep[ing] through each channel of the WDM signal and provid[ing] an optical power level measurement for each channel,” ([0004]), but is admittedly bereft of detail as to how this measuring would be performed.
A PHOSITA could turn, however, to the teachings of Guo for more details as to how Hu’s OCM could perform single channel monitoring. Guo teaches an apparatus that filters a WDM signal into individual channels and then measures the power level of individual channels. Guo teaches using these measurements for “signal power detection function” that can be “transmitted to other devices in the optical network… as prompt information or alarm information.” [0042]. This teaching would motivate a PHOSITA to integrate Guo’s measuring apparatus into Hu’s OCM and would allow Hu’s OCM to perform single channel monitoring as claimed. Thus, the combination of Hu and Guo teach what is claimed.
Applicant further argues that Hu does not disclose “tapping off a portion” of the signal as was originally claimed. The “tapping off,” as described in the application, merely describes standard sampling for measuring. [0023]. When Hu’s OCM, (FIG. 3: 352), takes measurements for each channel ([0004]), it is also inherently “tapping off” part of the signal as it travels between the switching module (FIG. 3: 314) and the demux (FIG. 3: 327) as this how part of the signal would be redirected as it travels between the switching module and demux. Thus, Hu teaches “tapping off” as claimed.
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.
Claim(s) 1-3, 5-9, 11-13, 16-18, and 20-21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hu (US 20190158940 A1) in light of Guo (US Pat. App. Pub. 2019/0260491 A1).
Regarding Claim 1, Hu teaches A method, comprising: receiving a first wave division multiplexed (WDM) optical signal at a first receive port of an optical protection switching module (FIG. 3: 319-1, 314); receiving a second WDM optical signal at a second receive port of the optical protection switching module (FIG. 1: 319-2, 314); tapping off a portion of the first WDM optical signal to obtain a tapped portion of the first WDM optical signal ([0004], “The OCM sweeps through each channel of the WDM signal and provides an optical power level measurement for each channel”); and in response to the power level being below a predetermined threshold, causing a switch to enable the second WDM optical signal to pass through the optical protection switching module. ([0004], “if the power level measurement for the working path is lower than the power level measurement for the protection path… then the WDM switch may route the WDM signal through the protection path”)
Hu does not teach using an optical filter tuned to a single predetermined channel of the first WDM optical signal, optically filtering the tapped portion of the first WDM optical signal to obtain the single predetermined channel of the tapped portion of the first WDM optical signal; detecting a power level of the single predetermined channel of the tapped portion of the first WDM optical signal (FIG. 1: 102), wherein the tapped portion of the first WDM optical signal is a multiplexed optical signal;
Guo teaches using an optical filter tuned to a single predetermined channel of the first WDM optical signal, (FIG. 1: 104, 103; [0042]) optically filtering the tapped portion of the first WDM optical signal to obtain the single predetermined channel of the tapped portion of the first WDM optical signal (Id.); detecting a power level of the single predetermined channel of the tapped portion of the first WDM optical signal (FIG. 1: 102), wherein the tapped portion of the first WDM optical signal is a multiplexed optical signal; (FIG. 1: 104)
Before the filing date of the instant application, it would have obvious for a person of ordinary skill in the art to modify Hu’s OCM to filter and measure a single predetermined channel based on the filtering and measuring apparatus taught in Guo. Such a combination would merely be combining prior art elements according to known methods to yield predictable results.
Gao and Hu both relate to optical communication systems and are therefore analogous art.
Regarding Claim 2, the combination of Hu and Guo teaches The method of claim 1, wherein the optical protection switching module includes a transmit section and a receive section. (Hu, FIG. 3: 319, 301)
Before the filing date of the instant application, it would have obvious for a person of ordinary skill in the art to modify Hu’s OCM to filter and measure a single predetermined channel based on the filtering and measuring apparatus taught in Guo. Such a combination would merely be combining prior art elements according to known methods to yield predictable results.
Regarding Claim 3, the combination of Hu and Guo teaches The method of claim 2, wherein the method is performed in the receive section of the optical protection switching module. (Hu, FIG. 3: 300)
Before the filing date of the instant application, it would have obvious for a person of ordinary skill in the art to modify Hu’s OCM to filter and measure a single predetermined channel based on the filtering and measuring apparatus taught in Guo. Such a combination would merely be combining prior art elements according to known methods to yield predictable results.
Regarding Claim 5, the combination of Hu and Guo teaches The method of claim 1, further comprising performing the detecting with a photo detector. (Gao, FIG. 1: 102)
Before the filing date of the instant application, it would have obvious for a person of ordinary skill in the art to modify Hu’s OCM to filter and measure a single predetermined channel based on the filtering and measuring apparatus taught in Guo. Such a combination would merely be combining prior art elements according to known methods to yield predictable results.
Regarding Claim 6, the combination of Hu and Guo teaches teaches The method of claim 1, wherein the first receive port is one of a working receiving port (Hu, FIG. 3: 319-1) and a protection receiving port, (Hu, FIG. 3: 319-2) and the method further comprises causing the switch to enable optical connectivity between the protection receiving port and an output of the optical protection switching module. (Hu, FIG. 3: 314)
Before the filing date of the instant application, it would have obvious for a person of ordinary skill in the art to modify Hu’s OCM to filter and measure a single predetermined channel based on the filtering and measuring apparatus taught in Guo. Such a combination would merely be combining prior art elements according to known methods to yield predictable results.
Regarding Claim 7, the combination of Hu and Guo teaches The method of claim 1, further comprising: tapping off a portion of the second WDM optical signal to obtain a tapped portion of the second WDM optical signal (Hu, [0004], “The OCM sweeps through each channel of the WDM signal and provides an optical power level measurement for each channel”); optically filtering the tapped portion of the second WDM optical signal to obtain the single predetermined channel of the tapped portion of the second WDM optical signal (Guo, FIG. 1: 104, 103; [0042]); detecting a power level of the single predetermined channel (Guo, FIG. 1: 102); and communicating a result of the detecting to switch logic of the optical protection switching module. (Hu, [0004], “if the power level measurement for the working path is lower than the power level measurement for the protection path… then the WDM switch may route the WDM signal through the protection path”)
Before the filing date of the instant application, it would have obvious for a person of ordinary skill in the art to modify Hu’s OCM to filter and measure a single predetermined channel based on the filtering and measuring apparatus taught in Guo. Such a combination would merely be combining prior art elements according to known methods to yield predictable results.
Regarding Claim 8, the combination of Hu and Guo teaches The method of claim 7, further comprising causing the switch to enable the first WDM optical signal to pass through the optical protection switching module. (Hu, FIG. 3: 314)
Before the filing date of the instant application, it would have obvious for a person of ordinary skill in the art to modify Hu’s OCM to filter and measure a single predetermined channel based on the filtering and measuring apparatus taught in Guo. Such a combination would merely be combining prior art elements according to known methods to yield predictable results.
Regarding Claim 9, the combination of Hu and Guo teaches The method of claim 7, wherein optically filtering the tapped portion of the second WDM optical signal is performed by another optical filter. (Guo, FIG. 1: “PD02”).
Before the filing date of the instant application, it would have obvious for a person of ordinary skill in the art to modify Hu’s OCM to filter and measure a single predetermined channel based on the filtering and measuring apparatus taught in Guo. Such a combination would merely be combining prior art elements according to known methods to yield predictable results.
Regarding Claim 11, Hu teaches A device comprising: a first optical receiving port (FIG. 3: 319-1, 314); a second optical receiving port (FIG. 3: 319-2, 314); an optical switch having respective inputs connected to the first optical receiving port and the second optical receiving port (FIG. 3: 314); an optical output port connected to an output of the optical switch (Id.); switching logic configured to control which of the first optical receiving port and the second optical receiving port is connected to the optical output port ([0004], “if the power level measurement for the working path is lower than the power level measurement for the protection path… then the WDM switch may route the WDM signal through the protection path”); a first optical filter (FIG. 3: 352; ([0004]) (“The OCM sweeps through each channel of the WDM signal and provides an optical power level measurement for each channel”)) in communication with the first optical receiving port (Id.); wherein the switching logic, in response to an output of the first photo detector, is configured to cause the optical switch to enable one of the first optical receiving port and the second optical receiving port to be optically connected to the output of the optical switch. ([0004], “if the power level measurement for the working path is lower than the power level measurement for the protection path… then the WDM switch may route the WDM signal through the protection path”)
Hu does not teach an optical filter that is tuned to a single predetermined channel of a tapped off portion of a wave division multiplexed (WDM) optical signal, and a first photo detector in communication with an output of the first optical filter,
Guo teaches a first optical filter (FIG. 1: 104, 103; ([0042])), tuned to a single predetermined channel of a tapped off portion of a wave division multiplexed (WDM) optical signal (Id.), and a first photo detector in communication with an output of the first optical filter (FIG. 1: 102),
Before the filing date of the instant application, it would have obvious for a person of ordinary skill in the art to modify Hu’s OCM to filter and measure a single predetermined channel based on the filtering and measuring apparatus taught in Guo. Such a combination would merely be combining prior art elements according to known methods to yield predictable results.
Regarding Claim 12, the combination of Hu and Guo teaches The device of claim 11, wherein the device is an optical protection switching module. (Hu, FIG. 3: 300; [0004])
Before the filing date of the instant application, it would have obvious for a person of ordinary skill in the art to modify Hu’s OCM to filter and measure a single predetermined channel based on the filtering and measuring apparatus taught in Guo. Such a combination would merely be combining prior art elements according to known methods to yield predictable results.
Regarding Claim 13, the combination of Hu and Guo teaches The device of claim 12, wherein the optical protection switching module comprises a transmit section and a receive section. (Hu, FIG. 3: 319-1, 301-1)
Before the filing date of the instant application, it would have obvious for a person of ordinary skill in the art to modify Hu’s OCM to filter and measure a single predetermined channel based on the filtering and measuring apparatus taught in Guo. Such a combination would merely be combining prior art elements according to known methods to yield predictable results.
Regarding Claim 16, the combination of Hu and Guo teaches The device of claim 11, further comprising: a second optical filter (Guo, FIG. 1: “PD02”), tuned to the single predetermined channel (Id.), in communication with the second optical receiving port (Hu, FIG. 3: 352); and a second photo detector in communication with an output of the second optical filter (Guo, FIG. 1: “PD02”), wherein an output of the second photo detector is in communication with the switching logic. (Hu, FIG. 3: 352)
Before the filing date of the instant application, it would have obvious for a person of ordinary skill in the art to modify Hu’s OCM to filter and measure a single predetermined channel based on the filtering and measuring apparatus taught in Guo. Such a combination would merely be combining prior art elements according to known methods to yield predictable results.
Regarding Claim 17, Hu teaches A system comprising: a working optical path (FIG. 3: 319-1, 314); a protection optical path (FIG. 3: 319-1, 314); and an optical protection switching module configured to enable communication via one of the working optical path and the protection optical path (FIG. 3: 314), the optical protection switching module comprising :a first optical receiving port (Id.); a second optical receiving port (Id.); an optical switch having respective inputs connected to the first optical receiving port and the second optical receiving port (Id.); an optical output port connected to an output of the optical switch (Id.); switching logic configured to control which of the first optical receiving port and the second optical receiving port is connected to the optical output port ([0052]; FIG. 3: 318); a first optical filter, (FIG. 3: 352; ([0004]) (“The OCM sweeps through each channel of the WDM signal and provides an optical power level measurement for each channel”)) in communication with the first optical receiving port (Id.);
Hu does not teach tuned to a single predetermined channel of a tapped off portion of a wave division multiplexed (WDM) optical signal, and a first photo detector in communication with an output of the first optical filter.
Guo teaches a first optical filter (FIG. 1: 104, 103; ([0042])), tuned to a single predetermined channel of a tapped off portion of a wave division multiplexed (WDM) optical signal (Id.); and a first photo detector in communication with an output of the first optical filter (FIG. 1: 102:).
Before the filing date of the instant application, it would have obvious for a person of ordinary skill in the art to modify Hu’s OCM to filter and measure a single predetermined channel based on the filtering and measuring apparatus taught in Guo. Such a combination would merely be combining prior art elements according to known methods to yield predictable results.
Regarding Claim 18, the combination of Hu and Guo teaches The system of claim 17, wherein the switching logic, in response to an output of the first photo detector, is configured to cause the optical switch to enable one of the first optical receiving port and the second optical receiving port to be optically connected to the output of the optical switch. (Hu, [0053]; FIG. 3: 319-2)
Before the filing date of the instant application, it would have obvious for a person of ordinary skill in the art to modify Hu’s OCM to filter and measure a single predetermined channel based on the filtering and measuring apparatus taught in Guo. Such a combination would merely be combining prior art elements according to known methods to yield predictable results.
Regarding Claim 20, the combination of Hu and Guo teaches The system of claim 17, further comprising: a second optical filter (Guo, FIG. 1: “PD02”), tuned to the single predetermined channel (Id.), in communication with the second optical receiving port (Hu, FIG. 3: 352); and a second photo detector in communication with an output of the second optical filter (Guo, FIG. 1: “PD02”), wherein an output of the second photo detector is in communication with the switching logic. (Hu, FIG. 3: 352)
Before the filing date of the instant application, it would have obvious for a person of ordinary skill in the art to modify Hu’s OCM to filter and measure a single predetermined channel based on the filtering and measuring apparatus taught in Guo. Such a combination would merely be combining prior art elements according to known methods to yield predictable results.
Regarding Claim 21, the combination of Hu and Guo teaches The system of claim 17, wherein the first optical receiving port and the second optical receiving port are part of a receive section of the optical protection switching module. (Hu, FIG. 3: 303)
Before the filing date of the instant application, it would have obvious for a person of ordinary skill in the art to modify Hu’s OCM to filter and measure a single predetermined channel based on the filtering and measuring apparatus taught in Guo. Such a combination would merely be combining prior art elements according to known methods to yield predictable results.
Claim(s) 4, 10, 15, and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hu (US 20190158940 A1) in light of Guo (US Pat. App. Pub. 2019/0260491 A1) and in further view of Way (US Pat. App. Pub. 2019/0165877 A1).
Regarding Claims 4, 10, 15, and 19, Hu teaches The method of claim 1, Hu does not teach wherein the optically filtering is performed using a tunable optical filter.
Way teaches wherein the optically filtering is performed using a tunable optical filter. ([0009])
Before the filing date of the instant application, it would have obvious for a person of ordinary skill in the art to modify the OCM in Hu to use the tunable optical filter as taught in Way for optically filtering the WDM signals. Such a combination would merely be a simple substitution of one known element for another to obtain predictable results.
Hu and Way both relate to optical communication systems and are therefore analogous art.
Conclusion
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 PAUL M BROCK whose telephone number is (571)272-7257. The examiner can normally be reached 8-4:30pm.
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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.
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/PAUL MORGAN BROCK/
Examiner, Art Unit 2634 June 25, 2026
/KENNETH N VANDERPUYE/Supervisory Patent Examiner, Art Unit 2634
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