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
Applicant’s arguments with respect to claim(s) 1-20 have been considered but are moot because the new ground of rejection relies on a new combination of references for independent claims 1, 10, and 13.
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.
Claims 1-2, 6, 8-12, and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Smith (US 20130183035) in view of Taguchi (US 10250331), and in further view of Iovanna (US 11424847).
Consider Claim 1, Smith discloses a method comprising: receiving of an optical device (Figure 3, element 310), an incoming optical transmission from a far end optical transceiver (Figure 3, element 310 receives signal from element 220 and paragraph 0035, where element 220 comes from OLT element 205; Paragraph 0033, where element 205 both transmits downstream data and receives upstream ie central office);and wherein the optical device resides within a primary flexibility point cabinet of an optical distribution system (Figure 3, where element 310 is within splitter module element 300 and paragraph 008 where splitters are located in a street cabinet) but does not disclose cycling a tunable wavelength division multiplexing multiplexer through a plurality of potential wavelengths for the incoming optical transmission until a wavelength of the incoming optical transmission is detected, isolating the wavelength of the incoming optical transmission subsequent to the detecting, wherein the tunable wavelength division multiplexing multiplexer is positioned between an optical interface of the optical device and a receiving optical subassembly of the optical device and disclose a processing system including at least one processor.
However, Figure 2 of Smith discloses: cycling, a tunable wavelength division multiplexing multiplexer through a plurality of potential wavelengths for the incoming optical transmission until a wavelength of the incoming optical transmission is detected (Figure 2, WDM element 215 receives signal from element 210 and Paragraph 0034, where IW generators is tunable to various wavelengths) and isolating the wavelength of the incoming optical transmission subsequent to the detecting (Paragraph 0034, where ONUs have passband reception for wavelength used in downstream transmission) but does not disclose wherein the tunable wavelength division multiplexing multiplexer is positioned between an optical interface of the optical device and a receiving optical subassembly of the optical device and receiving, by a processing system of an optical device including at least one processor.
Therefore, it would have been obvious to one of ordinary skill in the art before theeffective filing date of applicant’s claimed invention to have incorporated the teachingsof Figure 2 of Smith into Figure 3 of Smith to accommodate dynamic changes in the incoming transmitting wavelength.
However, Taguchi discloses wherein the tunable wavelength division multiplexing multiplexer is positioned between an optical interface of the optical device and a receiving optical subassembly of the optical device (Figure 3, where WDM element 11 is in between element 12 and receiving interface from OLT).
Therefore, it would have been obvious to one of ordinary skill in the art before theeffective filing date of applicant’s claimed invention to have incorporated the teachingsof Taguchi into Smith so optical signals are converted into electrical signals to be processed at customer site.
However, Iovanna discloses a processing system of an optical device including at least one processor (Figure 6, element 602).
Therefore, it would have been obvious to one of ordinary skill in the art before theeffective filing date of applicant’s claimed invention to have incorporated the teachingsof Iovanna into Smith and Taguchi to automate functions within the system.
Consider Claim 2, Smith discloses the method of claim 1, wherein the optical device includes a 1:N optical splitter (Figure 3, where element 310 is a part of splitter module element 300 which takes signal from element 220 and splits them on multiple paths via element 320).
Therefore, it would have been obvious to one of ordinary skill in the art before theeffective filing date of applicant’s claimed invention to have incorporated the teachingsof Iovanna into Smith and Taguchi to automate functions within the system.
Consider Claim 6, Smith does not disclose the limitations of this claim.
However, Taguchi discloses the method of claim 1, wherein the wavelength of the incoming optical transmission is isolated within the optical device (Figure 3, element 11 splits transmission signal into four different wavelengths) before the incoming optical transmission enters the receiving optical subassembly of the optical device (Figure 3, where signals from element 11 go into ROSA unit element 12).
Therefore, it would have been obvious to one of ordinary skill in the art before theeffective filing date of applicant’s claimed invention to have incorporated the teachingsof Iovanna into Smith and Taguchi to automate functions within the system.
Consider Claim 8, Smith does not disclose the limitations of this claim.
However, Taguchi discloses the method of claim 1, further comprising: converting the incoming optical transmission into an electrical signal (Figure 3, where element 12 converts light signals into electrical signals); and delivering the electrical signal to a native service interface at a customer site (Figure 3, element 21 transfers electrical signal to user) but does not disclose the processing system.
Therefore, it would have been obvious to one of ordinary skill in the art before theeffective filing date of applicant’s claimed invention to have incorporated the teachingsof Taguchi into Smith so optical signals are converted into electrical signals to be processed at customer site.
However, Iovanna discloses the processing system (Figure 6, element 602).
Therefore, it would have been obvious to one of ordinary skill in the art before theeffective filing date of applicant’s claimed invention to have incorporated the teachingsof Iovanna into Smith and Taguchi to automate functions within the system.
Consider Claim 9, Smith does not disclose the limitations of this claim.
However, Taguchi discloses the method of claim 8, wherein the electrical signal is delivered via an electrical interface of the optical device (Figure 3, element 21 transfers electrical signal).
Therefore, it would have been obvious to one of ordinary skill in the art before theeffective filing date of applicant’s claimed invention to have incorporated the teachingsof Taguchi into Smith so optical signals are converted into electrical signals to be processed at customer site.
Consider Claim 10, Smith discloses a method comprising: receiving an optical device (Figure 3, element 310), an incoming optical transmission from a far end optical transceiver (Figure 3, element 310 receives signal from element 220 and paragraph 0035, where element 220 comes from OLT element 205; Paragraph 0033, where element 205 both transmits downstream data and receives upstream data ie central office);, and wherein the optical device resides within a primary flexibility point cabinet of an optical distribution system (Figure 3, where element 310 is within splitter module element 300 and paragraph 008 where splitters are located in a street cabinet) but does not disclose cycling through a plurality of potential wavelengths for the incoming optical transmission until a wavelength of the incoming optical transmission is detected, isolating the wavelength of the incoming optical transmission subsequent to the detecting, and wherein a tunable wavelength division multiplexing multiplexer is positioned between an optical interface of the optical device and a receiving optical subassembly of the optical device and disclose a non-transitory computer-readable medium storing instructions which, when executed by a processing system of an optical device including at least one processor, cause the processing system to perform operations.
However, Figure 2 of Smith discloses: cycling through a plurality of potential wavelengths for the incoming optical transmission until a wavelength of the incoming optical transmission is detected (Figure 2, WDM element 215 receives signal from element 210 and Paragraph 0034, where IW generators is tunable to various wavelengths) and isolating the wavelength of the incoming optical transmission subsequent to the detecting (Paragraph 0034, where ONUs have passband reception for wavelength used in downstream transmission) but does not disclose a non-transitory computer-readable medium storing instructions which, when executed by a processing system of an optical device including at least one processor, cause the processing system to perform operations.
Therefore, it would have been obvious to one of ordinary skill in the art before theeffective filing date of applicant’s claimed invention to have incorporated the teachingsof Figure 2 of Smith into Figure 3 of Smith to accommodate dynamic changes in the incoming transmitting wavelength.
However, Taguchi discloses wherein a tunable wavelength division multiplexing multiplexer is positioned between an optical interface of the optical device and a receiving optical subassembly of the optical device (Figure 3, where WDM element 11 is in between element 12 and receiving interface from OLT).
Therefore, it would have been obvious to one of ordinary skill in the art before theeffective filing date of applicant’s claimed invention to have incorporated the teachingsof Taguchi into Smith so optical signals are converted into electrical signals to be processed at customer site.
However, Iovanna discloses a non-transitory computer-readable medium (Figure 6, element 604) storing instructions (Figure 6, where element 606 is inside of element 604) which, when executed by a processing system of an optical device including at least one processor (Figure 6, element 602), cause the processing system to perform operations.
Therefore, it would have been obvious to one of ordinary skill in the art before theeffective filing date of applicant’s claimed invention to have incorporated the teachingsof Iovanna into Smith and Taguchi to automate functions within the system.
Consider Claim 11, Smith does not disclose the limitations of this claim.
However, Taguchi discloses, wherein the wavelength of the incoming optical transmission is isolated within the optical device (Figure 3, element 11 splits transmission signal into four different wavelengths) before the incoming optical transmission enters the receiving optical subassembly of the optical device (Figure 3, where signals from element 11 go into ROSA unit element 12) but does not disclose the non-transitory computer-readable medium of claim 10.
Therefore, it would have been obvious to one of ordinary skill in the art before theeffective filing date of applicant’s claimed invention to have incorporated the teachingsof Taguchi into Smith so optical signals are converted into electrical signals to be processed at customer site.
However, Iovanna discloses the non-transitory computer-readable medium of claim 10 (Figure 6, element 606).
Therefore, it would have been obvious to one of ordinary skill in the art before theeffective filing date of applicant’s claimed invention to have incorporated the teachingsof Iovanna into Smith and Taguchi to automate functions within the system.
Consider Claim 12, Smith does not disclose the limitations of this claim.
However, Taguchi discloses converting the incoming optical transmission into an electrical signal (Figure 3, where element 12 converts optical signal into electrical signal); and delivering the electrical signal to a native service interface at a customer site (Figure 3, where element 21 transfers electrical signal to user device).
Therefore, it would have been obvious to one of ordinary skill in the art before theeffective filing date of applicant’s claimed invention to have incorporated the teachingsof Iovanna into Smith and Taguchi to automate functions within the system.
Consider Claim 22, Smith discloses the method of claim 8, wherein the customer site comprises an optical network terminal that is separate from the primary flexibility point cabinet (Paragraph 008, where cabinet and ONUs are separate).
Therefore, it would have been obvious to one of ordinary skill in the art before theeffective filing date of applicant’s claimed invention to have incorporated the teachingsof Iovanna into Smith and Taguchi to automate functions within the system.
Claims 4 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Smith in view of Taguchi in view of Iovanna, and further in view of Kaneko (US 9479284).
Consider Claim 4, Smith, Taguchi, and Iovanna do not disclose the limitations of this claim.
However, Kaneko discloses the method of claim 1, wherein the far end transceiver (Figure 3, element 51 contains transceiver for transmission) is part of another optical device that resides within a central office of the optical distribution network (Figure 1, where transmission from element 51 goes through splitting element 151 which is contained within element 100a).
Therefore, it would have been obvious to one of ordinary skill in the art before theeffective filing date of applicant’s claimed invention to have incorporated the teachingsof Kaneko into Smith, Taguchi, and Iovanna to provide protection to device from environmental factors.
Consider Claim 5, Smith, Taguchi and Iovanna do not disclose the limitations of this claim.
However, Kaneko discloses the method of claim 4, wherein the another optical device includes a 1:N optical splitter (Figure 3, where element 151 is a 1:N splitter).
Therefore, it would have been obvious to one of ordinary skill in the art before theeffective filing date of applicant’s claimed invention to have incorporated the teachingsof Kaneko into Smith, Taguchi and Iovanna to provide protection to device from environmental factors.
Claims 7 is rejected under 35 U.S.C. 103 as being unpatentable over Smith in view of Taguchi in view of Iovanna, and further in view of Way (US 7092642)
Consider Claim 7, Smith, Taguchi, and Iovanna does not disclose the limitations of this claim.
However, Way discloses the method of claim 1, wherein the tunable wavelength division multiplexing multiplexer is programmed to self-tune by scanning through a predetermined spectrum of wavelengths comprising the plurality of potential wavelengths. (Column 7, Lines 58-61, where tuning filter elements 114 are tuned by management system 60).
Therefore, it would have been obvious to one of ordinary skill in the art before theeffective filing date of applicant’s claimed invention to have incorporated the teachingsof Way into Smith, Taguchi, and Iovanna to automate functions within the system.
Claims 13-15 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Smith in view of Taguchi and in further view of Wang (US 11218221).
Consider Claim 13, Smith discloses an apparatus comprising: an optical interface to receive an optical transmission (Figure 3, where element 300 receives signal from OLT via element 220); wherein the apparatus resides within a primary flexibility point cabinet of an optical distribution network (Figure 3, where element 310 is within splitter module element 300 and paragraph 008 where splitters are located in a street cabinet) but does not disclose an optical transceiver , the optical transceiver comprising: a tunable wavelength division multiplexing multiplexer to isolate a wavelength of the optical transmission; a receiving optical subassembly to convert the optical transmission to an electrical signal, wherein the tunable wavelength division multiplexing multiplexer is positioned between the optical interface and the receiving optical subassembly; and a transmitting optical subassembly; and an electrical interface to transmit the electrical signal.
However, Figure 2 of Smith discloses an optical transceiver, the optical transceiver (Figure 3, element 310 receives signal from element 220 and paragraph 0035, where element 220 comes from OLT element 205; Paragraph 0033, where element 205 both transmits downstream data and receives upstream data (it would be obvious that there is a transceiver to transmit and receive downstream and upstream data)) comprising: a tunable wavelength division multiplexing multiplexer to isolate a wavelength of the optical transmission (Figure 2, WDM element 215 receives signal from element 210 and Paragraph 0034, where IW generators is tunable to various wavelengths) but does not disclose a receiving optical subassembly to convert the optical transmission to an electrical signal, wherein the tunable wavelength division multiplexing multiplexer is positioned between the optical interface and the receiving optical subassembly; and a transmitting optical subassembly; and an electrical interface to transmit the electrical signal.
Therefore, it would have been obvious to one of ordinary skill in the art before theeffective filing date of applicant’s claimed invention to have incorporated the teachingsof Figure 2 of Smith into Figure 3 of Smith to accommodate dynamic changes in the incoming transmitting wavelength.
However, Taguchi discloses a receiving optical subassembly to convert the optical transmission to an electrical signal (Figure 3, where element 12 convers light signals into electrical signals), wherein the tunable wavelength division multiplexing multiplexer is positioned between the optical interface and the receiving optical subassembly (Figure 3, where WDM element 11 is in between element 12 and receiving interface from OLT); and an electrical interface to transmit the electrical signal (Figure 3, element 21 transfers electrical signal) but does not disclose a transmitting optical subassembly.
Therefore, it would have been obvious to one of ordinary skill in the art before theeffective filing date of applicant’s claimed invention to have incorporated the teachingsof Taguchi into Smith so optical signals are converted into electrical signals to be processed at customer site.
However, Wang discloses disclose a transmitting optical subassembly (Figure 3, element 82 and Column 6, Lines 26-29 where element 82 includes a transceiver sub-optical assembly).
Therefore, it would have been obvious to one of ordinary skill in the art before theeffective filing date of applicant’s claimed invention to have incorporated the teachingsof Wang into Smith and Taguchi to provide increased bandwidth capacity.
Consider Claim 14, Smith discloses the apparatus of claim 13, wherein the optical apparatus includes optical splitter (Figure 3, where element 310 is a part of splitter module element 300 which takes one signal from element 220 and splits them on multiple paths via element 320).
Therefore, it would have been obvious to one of ordinary skill in the art before theeffective filing date of applicant’s claimed invention to have incorporated the teachingsof Wang into Smith and Taguchi to provide increased bandwidth capacity.
Consider Claim 15, Smith discloses the apparatus of claim 14, wherein the optical splitter is a 1:N optical splitter (Figure 3, where element 310 is a part of splitter module element 300 which takes one signal from element 220 and splits them on multiple paths via element 320).
Therefore, it would have been obvious to one of ordinary skill in the art before theeffective filing date of applicant’s claimed invention to have incorporated the teachingsof Wang into Smith and Taguchi to provide increased bandwidth capacity.
Consider Claim 19, Smith does not disclose the limitations of the claim.
However, Taguchi discloses the apparatus of claim 13, wherein the tunable wavelength division multiplexing multiplexer is positioned to isolate the wavelength of the optical transmission within the apparatus (Figure 3, element 11 splits transmission signal into four different wavelengths) before the optical transmission enters the receiving optical subassembly of the optical device (Figure 3, where signals from element 11 go into ROSA unit element 12).
Therefore, it would have been obvious to one of ordinary skill in the art before theeffective filing date of applicant’s claimed invention to have incorporated the teachingsof Wang into Smith and Taguchi to provide increased bandwidth capacity.
Claims 17 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Smith in view of Taguchi in view of Wang, and further in view of Kaneko.
Consider Claim 17, Smith, Taguchi, and Wang do not disclose the limitations of this claim.
However, Kaneko discloses the apparatus of claim 13, wherein the optical transmission is received from a far end transceiver (Figure 3, element 51 contains transceiver for transmission) that is part of another optical device that resides within a central office of the optical distribution network (Figure 1, where transmission from element 51 goes through splitting element 151 which is contained within element 100a).
Therefore, it would have been obvious to one of ordinary skill in the art before theeffective filing date of applicant’s claimed invention to have incorporated the teachingsof Kaneko into Smith, Taguchi, and Wang do not disclose the limitations of this claim.
to provide protection to device from environmental factors.
Consider Claim 18, Smith, Taguchi, and Wang do not disclose the limitations of this claim.
However, Kaneko discloses the apparatus of claim 17, wherein the another optical device includes a 1:N optical splitter (Figure 3, where element 151 is a 1:N splitter).
Therefore, it would have been obvious to one of ordinary skill in the art before theeffective filing date of applicant’s claimed invention to have incorporated the teachingsof Kaneko into Taguchi, and Wang to provide protection to device from environmental factors.
Claims 20 is rejected under 35 U.S.C. 103 as being unpatentable over Smith in view of Taguchi in view of Wang, and further in view of Way.
Consider Claim 20, Smith, Taguchi, and Wang do not disclose the limitations of this claim.
However, Way discloses the apparatus of claim 13, wherein the tunable wavelength division multiplexing multiplexer is self-tuning (Column 7, Lines 58-61, where tuning filter elements 114 are tuned by management system 60).
Therefore, it would have been obvious to one of ordinary skill in the art before theeffective filing date of applicant’s claimed invention to have incorporated the teachingsof Way into Smith, Taguchi, and Wang to automate functions within the system.
Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over Smith in view of Taguchi in view of Iovanna, and further in view of Ishimura (US 7483633).
Consider Claim 21, Smith, Taguchi, and Iovanna do not disclose the limitations of this claim.
However, Ishimura discloses the method of claim 8, wherein the optical device further comprising: converting, by the processing system, an incoming electrical transmission into an optical signal of a selected wavelength (Figure 2, element 201 converts signal from electrical to optical at certain wavelengths); and delivering, by the processing system, the optical signal to another optical device that resides within a central office of the optical distribution network (Figure 2, where element 204 is sending signals of λu1-λum out and Figure 1, where signals of λu1-λum are entering OLT element 120 via element 140) While Ishimura does not explicitly disclose a far end optical receiver co-located with the far end optical transceiver in, Figure 1 discloses OLT element 120 transmitting and receiving signals. It would be obvious to one of skill in the ordinary art that the OLT would have a transceiver to perform this function.
Therefore, it would have been obvious to one of ordinary skill in the art before theeffective filing date of applicant’s claimed invention to have incorporated the teachingsof Ishimura into Smith and Taguchi, and Iovanna to ensure proper communication with OLT from ONU.
Conclusion
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/ASIF SHAMEEM/Examiner, Art Unit 2634
/KENNETH N VANDERPUYE/Supervisory Patent Examiner, Art Unit 2634
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