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 .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 17 and 18 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 17 recites “the updated second upstream optical signal”. There is insufficient antecedent basis for this term. Thus, a person of ordinary skill would not be able to determine the scope of the claim.
Claim 18 recites “the updated third upstream optical signal”. There is insufficient antecedent basis for this term. Thus, a person of ordinary skill would not be able to determine the scope of the claim.
Claim Rejections - 35 USC § 102
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) 1, 2, 7, 8, 11, 12, 13, and 43 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Printed Publication “How to design an optimized set of fibre-trees for filterless optical networks- The elegance of a multi-goal evolutionary Pareto optimization versus a deterministic approach” to Krannig et al.
Regarding Claim 1, Krannig discloses a first Broadcast-and-Select (B&S) node comprising:
a first downstream port coupled to a first downstream power splitter/combiner (Fig. 1, input port for degree 1 connected to 1:m coupler);
a second downstream port coupled to a second downstream power splitter/combiner (Fig. 1 output port for degree 2 coupled to 1:m coupler); and
a third downstream port coupled to a third downstream power splitter/combiner (Fig. 1, output port for degree 3 coupled to 1:m coupler);
wherein:
the first downstream power splitter/combiner is configured to split a total power of a first downstream optical signal received at the first downstream port to form a first version and a second version of the first downstream optical signal (Fig. 1, signals input at degree 1 are split into 1st and 2nd versions);
the second power splitter/combiner is configured to: receive the first version of the first downstream optical signal, and transmit the first version of the first downstream optical signal to a first network node via the second downstream port (Fig. 1, 1st version is sent to degree 2 coupler for downstream transmission);
the third downstream power splitter/combiner is configured to: receive the second version of the first downstream optical signal, and transmit the second version of the first downstream optical signal to a second network node via the third port (Fig. 1, 2nd version is sent to degree 3 coupler for downstream transmission).
Regarding Claim 2, Krannig discloses wherein the frequency characteristics of the first downstream optical signal, the first version of the first downstream optical signal, and the second version of the first downstream optical signal are substantially the same (Fig. 1, optical power couplers do not substantially change the frequency characteristics of the optical signal, thus the splitted versions are substantially the same.)
Regarding Claim 7, Krannig discloses wherein the first B&S node further comprises a second downstream variable attenuator configured to variably adjust an optical power level of the first version of the second downstream optical signal prior to the receipt of the first version of the second downstream optical signal by the second power splitter/combiner (Fig. 1, optical equalizers variably attenuate the power level of the received optical signals before the split versions are received by the coupler.)
Regarding Claim 8, Krannig discloses wherein the second downstream port is coupled to a fourth power splitter/combiner that is configured to separate a third downstream optical signal output by the second downstream port into a predetermined number of optical signals, wherein the third downstream optical signal is based on either the first version of the first downstream optical signal or the first version of the second downstream optical signal (Fig. 1, 4th coupler connected to 2nd downstream port splits the signal into n optical signals based on the 1st split version of the first downstream optical signal.)
Regarding Claim 11, Krannig discloses a second Broadcast-and-Select (B&S) node comprising:
a first upstream port coupled to a first upstream power splitter/combiner (Fig. 1, output port for degree 1 connected to 1:m coupler);
a second upstream port coupled to a second upstream power splitter/combiner (Fig. 1, input port for degree 2 connected to 1:m coupler); and
a third upstream port coupled to a third upstream power splitter/combiner (Fig. 1, output port for degree 3 connected to 1:m coupler);
wherein:
the second upstream power splitter/combiner is configured to split a total optical power of a first upstream optical signal received at the second upstream port to form a first version and a second version of the first upstream optical signal (Fig. 1, upstream signal entering degree 2 is split by 2nd coupler into 1st and 2nd version);
the first upstream power splitter/combiner is configured to receive the first version of the first upstream optical signal and transmit the first version of the first upstream optical signal to a third network node via the first upstream port (Fig. 1, 1st version is received at coupler for degree 1 to 3rd network node); and
the third upstream power splitter/combiner is configured to receive the second
version of the first upstream optical signal and transmit the second version of the first upstream optical signal to a second network node via the third upstream port (Fig. 1, 2nd version of is received at 3rd coupler for degree 3 for transmission to a 2nd network node.)
Regarding Claim 12, Krannig discloses wherein the frequency characteristics of the first upstream optical signal, the first version of the first upstream optical signal, and the second version of the first upstream optical signal are substantially the same (Fig. 1, optical power couplers do not substantially change the frequency characteristics of the optical signal, thus the splitted versions are substantially the same.)
Regarding Claim 13, Krannig discloses wherein the
second B&S node further comprises a first upstream variable attenuator that is configured to adjust an optical power level of the first version of the first upstream optical signal prior to the receipt of the first version of the first upstream optical signal by the first upstream power splitter/combiner (Fig. 1, optical equalizers variably attenuate the power level of the received optical signals before the split versions are received by the coupler.)
Regarding Claim 43, Krannig discloses a third Broadcast-and-Select (B&S) node for dropping a downstream optical signal at the third B&S node, wherein the downstream optical signal is intended to be received at a plurality of B&S nodes (Fig. 2 node is organized in a bus or mesh topology where upstream and downstream signals are add/dropped and sent to the next node) , the third B&S node comprising processing circuitry configured to:
receive a first downstream optical signal from a third network node (Fig. 1, downstream signals received at port for degree 1);
split a total optical power of the first downstream optical signal to form a first
version of the first downstream optical signal and a second version of the first downstream optical signal (Fig. 1, downstream signal received at port 1 is split into 1st and 2nd versions);
transmit the first version of the first downstream optical signal to a first network node (Fig. 1, 1st version is sent to degree 2 for transmission to another network node); and
transmit the second version of the first downstream optical signal to a second network node (Fig. 1, 2nd version is sent to degree 3 for transmission to another network node.)
Allowable Subject Matter
Claims 3-6 and 14 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL G DOBSON whose telephone number is (571)272-9781. The examiner can normally be reached M-F 8-5 EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kenneth Vanderpuye can be reached at 5712723078. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/DANIEL G DOBSON/ Primary Examiner, Art Unit 2634
02/27/2026