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 .
Information Disclosure Statement
The information disclosure statement(s) (IDS) submitted on 03/08/2024 is/are being considered by the examiner.
Claim Interpretation
Each claim of the present application recites “a submarine branching unit”. This recitation is not limiting because this language recited solely in the preamble does not provide any distinct definition of any of the claimed invention’s limitations. Essentially, “submarine” is an intended environment in which the invention is used and “branching unit” is a purpose of the invention. Thus, this portion of the preamble of the claim(s) is not considered a limitation and is of no significance to claim construction. See Pitney Bowes, Inc. v. Hewlett-Packard Co., 182 F.3d 1298, 1305, 51 USPQ2d 1161, 1165 (Fed. Cir. 1999). See MPEP § 2111.02, II.
Further regarding claim 9, the claim is essentially a method claim with one method step in the final clause and an extended preamble intending to recite a system on which the method is used. However, the only elements of the preamble recited in the method step are the first to third optical switches. Per MPEP § 2111.02, I, the parts of the preamble which limit the structure of claimed elements must be given patentable weight, which would be each switch having four terminals. However, the specific connections recited in the preamble are not recited nor referred to in the one method step and therefore do not “give life, meaning, and vitality” to the claim per MPEP § 2111.02, second paragraph nor do they recite structural limitations of the switches (e.g. how a switch is connected to another switch does not describe a structure of either switch). Therefore, the specific connections between the terminals of the switches in the preamble of claim 9 will not be afforded patentable weight.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claim(s) 9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Testa et al, U.S. Publication No. 2020/0169794.
Regarding claim 9, Testa teaches a method for controlling a submarine branching unit, the submarine branching unit comprising first to third optical switches each comprising first to fourth terminals (see Testa Figure 4, OSEs 470-476 with left, right, top, and bottom terminals and paragraph [0048]), in which the first terminal of the first optical switch is connected to an input of a first line of a first path, the second terminal of the first optical switch is connected to the first terminal of the third optical switch, the third terminal of the first optical switch is connected to an output of the first line of a second path, the fourth terminal of the first optical switch is connected to the third terminal of the second optical switch, the first terminal of the second optical switch is connected to the third terminal of the third optical switch, the second terminal of the second optical switch is connected to an output of a second line of the first path, the fourth terminal of the second optical switch is connected to an input of a first line of a third path, the second terminal of the third optical switch is connected to an output of a second line of the third path, and the fourth terminal of the third optical switch is connected to an input of a second line of the second path (see above Claim Interpretation section), wherein the method comprises
controlling (see paragraph [0053]) a connection of each of the first to third optical switches to a vertical connection or a horizontal connection based on a specified connection state (see Figures 5 and 6, which are embodiments of “on” and “off” states of OSEs 470-476 of Figure 4, and paragraphs [0049]-[0050]).
Allowable Subject Matter
Claims 1-8 are allowed.
The following is an examiner’s statement of reasons for allowance:
Regarding independent claim 1, the prior art made of record fails to teach a submarine branching unit comprising:
at least one memory storing instructions;
first to third optical switches each comprising first to fourth terminals; and
at least one processor configured to execute the instructions to:
control a connection of each of the first to third optical switches to a vertical connection or a horizontal connection based on a specified connection state,
wherein the first terminal of the first optical switch is connected to an input of a first line of a first path,
the second terminal of the first optical switch is connected to the first terminal of the third optical switch,
the third terminal of the first optical switch is connected to an output of the first line of a second path,
the fourth terminal of the first optical switch is connected to the third terminal of the second optical switch,
the first terminal of the second optical switch is connected to the third terminal of the third optical switch,
the second terminal of the second optical switch is connected to an output of a second line of the first path,
the fourth terminal of the second optical switch is connected to an input of a first line of a third path,
the second terminal of the third optical switch is connected to an output of a second line of the third path, and
the fourth terminal of the third optical switch is connected to an input of a second line of the second path.
Testa, cited above, generally teaches a submarine branching unit comprising:
at least one memory storing instructions (see Testa paragraph [0066]);
first to third optical switches each comprising first to fourth terminals (see Figure 4, OSEs 470-474 with left, right, top, and bottom terminals and paragraph [0048]); and
at least one processor configured to execute the instructions (see paragraph [0066]) to control (see paragraph [0053]) a connection of each of the first to third optical switches to a vertical connection or a horizontal connection based on a specified connection state (see Figures 5 and 6, which are embodiments of “on” and “off” states of OSEs 470-476 of Figure 4, and paragraphs [0049]-[0050]);
wherein the first terminal of the first optical switch is connected to an input of a first line of a first path (see Figure 4, input 414 to OSE 470),
the second terminal of the first optical switch is connected to the first terminal of the third optical switch (See Figure 4, connection 420 between OSE 470 and OSE 474),
the third terminal of the first optical switch is connected to an output of the first line of a second path (see Figure 4, output 444 from OSE 470),
the fourth terminal of the first optical switch is connected to the third terminal of the second optical switch (see Figure 4, connection between OSE 470 and OSE 474),
the second terminal of the second optical switch is connected to an output of a second line of the first path (see Figure 4, output 440 from OSE 474),
the fourth terminal of the second optical switch is connected to an input of a first line of a third path (see Figure 4, input 426 to OSE 474),
the second terminal of the third optical switch is connected to an output of a second line of the third path (see Figure 4, output 446 from OSE 446), and
the fourth terminal of the third optical switch is connected to an input of a second line of the second path (see Figure 4, input 418 to OSE 472).
However, Testa does not teach the features highlighted above. Furthermore, one of ordinary skill in the art would not be motivated to alter the structure shown in Testa to arrive at the claimed invention without using impermissible hindsight as Figure 4 forms a complete mesh and altering the connections would fundamentally change the routing abilities.
Independent claim 5 recites similar allowable features as claim 1, and is allowed under similar rationale.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CASEY L KRETZER whose telephone number is (571)272-5639. The examiner can normally be reached M-F 10:00-7:00 PM Pacific Time.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Payne can be reached at (571)272-3024. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CASEY L KRETZER/Primary Examiner, Art Unit 2635