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 Remarks
Regarding the 112 rejections:
Based on the amendments to the claims, the prior 112 rejections are hereby withdrawn.
Regarding the 102 rejection:
The applicant states that Suzuki fails to teach the amended limitations of the claims. However, based on the amendments, these remarks are now moot under new grounds of rejection as posted in the updated office action below.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-8 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 1 and similar claims 7 and 8 state “an optical transmitter configured to convert the one or more control signals generated by the control signal generator into one or more optical signal”. The current amendments made to the claims pertain to the limitations shown in Fig. 6. According to Fig. 6, control signal transmission unit 33 corresponds to the limitation within the claim. However, according to the figure, there are multiple transmission units 33 that each convert a respective control signal generated from the generator 32 and outputs a respective optical signal. One transmission unit 33 does not perform the step of converting one or more control signals into one or more optical signals.
Claim 2 states “a wavelength demultiplexer configured to demultiplex the one or more optical signals multiplexed by the one or more optical multiplexers into a first optical signal and second optical signal”. According to the description of the subscriber device shown in Fig. 2, the demultiplexer 22 is configured to demultiplex the incoming multiplexed optical signal into a first optical signal and a second optical signal. The claim states that the demultiplexer demultiplexes the one or more optical signals into a first optical signal and a second optical signal. There is no shown support for these limitations. According to claim 1, the one or more optical signals are a result of outputs from the optical transmitters which comprise control signals. However, the demultiplexer in Fig. 2 demultiplexes the multiplexed signal into the main signal and the control signal as opposed to claim 2 which states that the “optical signals” are demultiplexed into a first optical signal and a second optical signal i.e. the control optical signal is demultiplexed into a first and second optical signal.
Claim 3 states “wherein each of the one or more subscribers includes a receiver configured to convert the one or more optical signals….into an electrical signal and a filter configured to acquire the one or more control signals from the electrical signal”. As per Fig. 4, the PD 23 converts the received multiplexed optical signal into an electrical signal and a filter 24 acquires the control signal from that respective input multiplexed signal. There is no shown support for PD 23 converting “one or more optical signals” into an electrical signal. The input to the receiver comprises a multiplexed optical signal which comprises a main signal and a control signal.
Claim 4, which corresponds to Fig. 6, states “each optical transmitter converts the one or more control signals…into one or more optical signals”. There is no shown support for such limitations. According to Fig. 6, optical transmitters 33 (of which there are as many as the communication paths 45) each output a respective optical signal. Each transmitter 33 doesn’t convert one or more control signal into one or more optical signals.
Claim 5 states “an optical switch that is provided between the optical transmitter and each optical multiplexer, uses one or more optical signals transmitted from the optical transmitter as an input, and switches paths to connect a port to which the one or more optical signals are input to an output port to which each optical multiplexer is connected”. Firstly, Fig. 6 shows the optical switch 50 is provided between the multiplexers 40 and the subscribers 20 and not the transmitter and each multiplexer as claimed. Secondly, one optical transmitter doesn’t seem to be outputting “more” optical signals as pointed out in claim 1.
Claim 6 states “one or more first control signal generators” and “one or more second control signal generators”. As per Fig. 4, there is a first control signal generator 32b-1 and a second control signal generator 32b-2. There are no “one or more first control signal generators” and “one or more second control signal generators” shown. The claim further states “the first optical transmitter converts the one or more control signals”. This limitation is also not shown as multiple optical transmitters convert each respective control signal input to it. The claim further states “the one or more first optical multiplexers are provided on one or more communication path”. This limitation is also not shown in Fig. 6. Fig. 6 clearly shows one multiplexer 40 on one communication path 45 between the direction of the first subscriber device and second subscriber device and also one multiplexer 40 on one communication path 45 between the direction of the second subscriber device and the first subscriber device. One or more multiplexer are not provided one or more communication paths. Especially, one or more multiplexers are definitely not provided on one communication path in the particular direction.
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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.
Claim(s) 1, 2, 4, 6-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tsushima (US 5500756) in view of Suzuki (JP 2014165574) see translated copy for relevant paragraphs.
Regarding claim 1 and similar claims 7 and 8, Tsushima teaches an optical communication system (Fig. 5) comprising: a management control device (Fig. 5, management device “Supervisory Equipment”) between a transmitting end and a receiving end, wherein the management control device includes
a control signal generator (Fig. 5, controller 10) configured to generate one or more control signals that are transmitted and used for management and control (Col. 9, lines 55-65, a controller 10 for inputting the above data optical signal power and other necessary information (a parity check signal, other signals necessary for supervising the optical repeater, a control signal for controlling each optical repeater, a control signal for controlling the optical receiving equipment, a control signal for controlling each optical repeater or the optical fiber amplifier built in the optical receiving equipment, etc.)), and
an optical transmitter (Fig. 5, optical transmitter 11) configured to convert the one or more control signals into one or more optical signals with a wavelength that is different from a wavelength of a main signal that perform communication and transmits the one or more optical signals (Col. 9, lines 64-67, a supervisory optical transmitter 11 for converting an output supervisory electric signal outputted from the above controller 10 to the above output supervisory optical signal), and the optical communication system comprises one or more optical multiplexers that are provided on one or more communication paths at a location different from the management control device (Fig. 5, multiplexer 5 within location “Optical Fiber Amplifier”) and multiplexes the main signal with the one or more optical signals transmitted from the optical transmitter of the management control device (Col. 9, lines 40-45, a wavelength multiplexer 5 for multiplexing…a data optical signal…and multiplexing an output supervisory optical signal).
Although Tsushima teaches transmitting and receiving ends, Tsushima doesn’t show the optical communication system comprising: the management control device that manages communication between one or more first subscriber devices and one or more second subscriber devices that are provided at counterpart locations of the one or more first subscriber devices, wherein the management control device includes
a control signal that is transmitted to the one or more first subscriber devices and used for management and control, and the main signal transmitted by the one or more second subscriber devices that perform communication with the one or more first subscriber devices, and
the optical communication system comprises an optical multiplexer that is provided on a communication path between the one or more first subscriber devices and the one or more second subscriber devices and multiplexes the main signal transmitted by the one or more second subscriber devices with the optical signal transmitted from the optical transmitter.
Suzuki teaches an optical communication system (Fig. 1, system 100) comprising: a management control device (Fig. 1, device 20) that manages communication between one or more first subscriber devices (Fig. 1, device 12) and one or more second subscriber devices that are provided at counterpart locations of the one or more first subscriber devices (Fig. 1, device 10), wherein the management control device includes a control signal that is transmitted to the one or more first subscriber devices and used for management and control (Fig. 1, generator within 44; paragraph [0021], The transmission OSC unit 44 transmits a monitoring control signal), and the main signal transmitted by the one or more second subscriber devices (paragraph [0021], The transmission amplifier unit 40 amplifies the received wavelength-multiplexed optical signal and outputs the amplified signal to the optical multiplexing unit 42) that perform communication with the one or more first subscriber devices and transmits the optical signal (paragraph [0015], The monitoring control signal is a signal used for control and monitoring of nodes, and is transmitted and received between adjacent nodes. The supervisory control signal has a different wavelength than the optical main signal), and
the optical communication system comprises an optical multiplexer that is provided on a communication path between the one or more first subscriber devices and the one or more second subscriber devices and multiplexes the main signal transmitted by the one or more second subscriber devices with the optical signal transmitted from the optical transmitter (paragraph [0022], The optical multiplexing unit 42 multiplexes the wavelength-multiplexed optical signal amplified by the transmission amplifier unit 40 and the monitoring control signal output from the transmission OSC unit 44, and outputs the multiplexed signal to the second optical transmission path 18).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to incorporate the first and second subscriber devices at opposite ends as taught by Suzuki within the optical communication system of Tsushima in order to comprise an optical fiber transmission system that can meet the increased transmission demand between subscriber devices and also perform performance monitoring (Suzuki: paragraph [0003]).
Regarding claim 2, Tsushima in view of Suzuki teaches the optical communication system according to claim 1, wherein Suzuki teaches each of the one or more first subscriber devices includes a wavelength demultiplexer configured to demultiplex the one or more optical signals multiplexed by the one or more optical multiplexers into a first optical signal and a second optical signal (Fig. 1, demux 54),
a first receiver configured to convert the first optical signal into a main signal that is an electrical signal (Fig. 1, conversion performed by 70; paragraph [0026], The level monitor 70 monitors the input level to the reception amplifier unit 56, and outputs the monitoring result to the device monitoring control unit 64), and a second receiver (Fig. 1, receiver 62) configured to convert the second optical signal into a control signal that is an electrical signal (paragraph [0025], The reception OSC unit 62 performs optical / electrical conversion processing, signal termination processing, and the like on the supervisory control signal which is an optical signal).
Regarding claim 4, Tsushima in view of Suzuki teaches the optical communication system according to claim 1, wherein Suzuki teaches in a case where a plurality of the one or more first subscriber devices and a plurality of the one or more second subscriber devices are included, the same numbers of the optical transmitters and the optical multiplexers as that of communication paths between the one or more first subscriber devices and the one or more second subscriber devices are included, and each optical transmitter converts the control signal generated by the control signal generator into an optical signal with a wavelength that is different from the wavelength of the main signal transmitted by the second subscriber device in each communication path and transmits the optical signal. Although Suzuki doesn’t explicitly show a plurality of the optical transmitters and multiplexers, Suzuki in Fig. 1 shows a singular instance of such a layout. One of ordinary skill in the art would find it obvious to have multiple of the optical transmitters and the multiplexers as shown in Fig. 1 of Suzuki as a matter of duplication of parts in order to have the expected result of outputting the control signal and multiplexing it with the main signal. (MPEP 2144.04 VI B).
Regarding claim 6, Tsushima in view of Suzuki teaches the optical communication system according to claim 1, wherein Suzuki teaches the control signal generator includes a first control signal generator generation unit and a second control signal generator, the optical transmitter includes a first optical transmitter and a second optical transmitter, the optical multiplexer includes a first optical multiplexer and a second optical multiplexer, the first control signal generator generates a control signal that is transmitted to the first subscriber device and is used for management and control, the first optical transmitter converts the control signal generated by the first control signal generator into an optical signal with a wavelength that is different from the wavelength of the main signal transmitted by the second subscriber device and transmits the optical signal, the first optical multiplexer is provided on a communication path between the first subscriber device and the second subscriber device and multiplexes the main signal transmitted by the second subscriber device with the optical signal transmitted from the first optical transmitter (Fig. 1 teaches the first control signal generator, the first multiplexer and this is taught by claim 1), the second control signal generator generates a control signal that is transmitted to the second subscriber device and is used for management and control, the second optical transmitter converts the control signal generated by the second control signal generator into an optical signal with a wavelength that is different from the wavelength of the main signal transmitted by the first subscriber device and transmits the optical signal, and the second optical multiplexer is provided on a communication path between the first subscriber device and the second subscriber device and multiplexes the main signal transmitted by the first subscriber device with the optical signal transmitted from the second optical transmitter. Although Suzuki doesn’t explicitly show the second control signal generator and the second multiplexer, Suzuki in paragraph 12 states “It may be configured to be capable of bi-directional transmission” which states that a control signal output configuration of Fig. 1 in the direction from device 10 to device 12 can be configured in a direction from device 12 to device 10, thus teaching a second control signal generator and the second multiplexer.
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.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See the notice of reference cited (PTO-892).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PRANESH K BARUA whose telephone number is (571)270-1017. The examiner can normally be reached on Mon-Sat: 11-8pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Payne can be reached on 5712723024. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PRANESH K BARUA/Primary Examiner, Art Unit 2635
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