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 .
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claim 11 provisionally rejected under 35 U.S.C. 101 as claiming the same invention as that of claim 12 of copending Application No. 18/699,781. This is a provisional statutory double patenting rejection since the claims directed to the same invention have not in fact been patented.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory obviousness-type double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the conflicting application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement.
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
Claims 1-10 are provisionally rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-9, 11 of copending Application No. 18/699,781. Although the conflicting claims are not identical, they are not patentably distinct from each other because Claims 1-10 of the present application are an obvious subset of the limitations presented in claims 1-9, 11 of copending Application No. 18/699,781.
This is a provisional obviousness-type double patenting rejection.
The following table illustrates the conflicting claim pairs:
Present Application
1
2
3
4
5
6
7
8
9
10
App. No. 18/699,781
1
2
3
4
5
6
7
8
9
11
The following table illustrates a mapping of the limitations of claim 1 of the present application when compared against the limitations of claim 1 of copending Application No. 18/699,781. The differences have been bolded for purposes of clarity.
Claim 1 of Present Application
Claim 1 of copending Application No. 18/699,781
An optical communication device comprising:
An optical communication device comprising:
a plurality of first distributors that is connected to a plurality of optical transmission lines and outputs an optical signal input from any of first devices to any of the optical transmission lines;
a plurality of first distributors units that is connected to a plurality of optical transmission lines and outputs an optical signal input from any of first devices to any of the optical transmission lines;
a plurality of second distributors that is connected to a plurality of optical transmission lines and outputs an optical signal input from any of the optical transmission lines to any of second devices;
a plurality of second distributors units that is connected to a plurality of optical transmission lines and outputs an optical signal input from any of the optical transmission lines to any of second devices;
and a multicast transferer configured to perform multicast transfer of the optical signal transmitted from the first device connected to any of the plurality of first distributors to any of the plurality of second distributors connected to the one or more second devices.
and a transferer configured to transfer the optical signal transmitted from the first device connected to any of the plurality of first distributors units to any of the plurality of second distributors connected to the specific second device.
As the table above illustrates, all the limitations of claim 1 of the present application are taught by claim 1 of copending Application No. 18/699,781.
Thus, claim 1 of the present application would have been obvious to one of ordinary skill in the art at the time of the invention in view of claim 1 of copending Application No. 18/699,781, as anticipation of all limitations is tantamount to obviousness.
The following table illustrates a mapping of the limitations of claim 10 of the present application when compared against the limitations of claim 11 of copending Application No. 18/699,781. The differences have been bolded for purposes of clarity.
Claim 10 of Present Application
Claim 11 of copending Application No. 18/699,781
An optical communication system comprising:
An optical communication system comprising:
a plurality of first distributors that is connected to a plurality of optical transmission lines and outputs an optical signal input from any of first devices to any of the optical transmission lines;
a plurality of first distributors units that is connected to a plurality of optical transmission lines and outputs an optical signal input from any of first devices to any of the optical transmission lines;
a plurality of second distributors that is connected to a plurality of optical transmission lines and outputs an optical signal input from any of the optical transmission lines to any of second devices;
a plurality of second distributors that is connected to a plurality of optical transmission lines and outputs an optical signal input from any of the optical transmission lines to any of second devices;
and a multicast transferer configured to transfer the optical signal transmitted from the first device connected to any of the plurality of first distributors to any of the plurality of second distributors connected to the specific second device.
and a transferer configured to transfer the optical signal transmitted from the first device connected to any of the plurality of first distributors units to any of the plurality of second distributors units connected to the specific second device.
As the table above illustrates, all the limitations of claim 10 of the present application are taught by claim 11 of copending Application No. 18/699,781.
Thus, claim 10 of the present application would have been obvious to one of ordinary skill in the art at the time of the invention in view of claim 11 of copending Application No. 18/699,781, as anticipation of all limitations is tantamount to obviousness.
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.
Claims 1,4,5,10,11 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Sawara et al.(JP 2017157983 A: submitted as an IDS).
Considering Claim 1 Sawara discloses an optical communication device comprising: a plurality of first distributors that is connected to a plurality of optical transmission lines and outputs an optical signal input from any of first devices to any of the optical transmission lines(See Paragraph 44,61, fig. 6 i.e. a plurality of first distributors which are KxK WSS(31a-1…31a-M) that is connected to a plurality of optical transmission lines and outputs an optical signal input from any of first devices(301-1…301-M) to any of the optical transmission lines); a plurality of second distributors that is connected to a plurality of optical transmission lines and outputs an optical signal input from any of the optical transmission lines to any of second devices(See Paragraph 65, fig. 6 i.e. a plurality of second distributors which are KxK WSS(34a-1…34a-M) that is connected to a plurality of optical transmission lines and outputs an optical signal input from any of the optical transmission lines to any of second devices(302-1…302-M)); and a multicast transferer configured to perform multicast transfer of the optical signal transmitted from the first device connected to any of the plurality of first distributors to any of the plurality of second distributors connected to the one or more second devices(See Paragraph 61, fig. 6 i.e. a multicast transferer which is a multi-output route switching function unit(32) configured to perform multicast transfer of the optical signal transmitted from the first device(301-1…301-M) connected to any of the plurality of first distributors (31a-1…31a-M) to any of the plurality of second distributors(34a-1…34a-M) connected to the specific second device(302-1…302-M)).
Considering Claim 4 Sawara discloses the optical communication device according to claim 1, wherein: each of the plurality of first distributors includes one or more first wavelength selective optical switches(See Paragraph 61, fig. 6 i.e. each of the plurality of first distributors(31a-1…31a-M) includes one or more first wavelength selective optical switches(KxK WSS)); each of the plurality of second distributors includes one or more second wavelength selective optical switches(See Paragraph 65, fig. 6 i.e. each of the plurality of second distributors(34a-1…34a-M) includes one or more second wavelength selective optical switches (KxK WSS)); at least one port included in one of the one or more first wavelength selective optical switches is connected to the multicast transferer(See Paragraph 61,65, fig. 6 i.e. at least one port included in one of the one or more first wavelength selective optical switches(31a-1…31a-M) is connected to the multicast transferer(32)); and at least one port included in one of the one or more second wavelength selective optical switches is connected to the multicast transferer(See Paragraph 61,65, fig. 6 i.e. at least one port included in one of the one or more second wavelength selective optical switches(34a-1…34a-M) is connected to the multicast transferer unit(32)).
Considering Claim 5 Sawara discloses the optical communication device according to claim 4, wherein: the one or more first wavelength selective optical switches are N (N is an integer of 1 or more)×M (M is an integer of 2 or more) wavelength selective optical switches(See Paragraph 61, fig. 6 i.e. the one or more first wavelength selective optical switches(31a-1…31a-M) are N (N is an integer of 1 or more)×M (M is an integer of 2 or more) wavelength selective optical switches(KxK WSS)); the one or more second wavelength selective optical switches are N×M wavelength selective optical switches(See Paragraph 61,65, fig. 6 i.e. the one or more second wavelength selective optical switches(34a-1…34a-M) are N×M wavelength selective optical switches(KxK WSS)); and at least one of M ports of each N×M wavelength selective optical switch is connected to the multicast transferer(See Paragraph 61,65, fig. 6 i.e. at least one of M ports of each N×M wavelength selective optical switch(34a-1…34a-M) is connected to the transferer(32)).
Claim 10 is rejected for the same reason as in claim 1.
Claim 11 is rejected for the same reason as in claim 1.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HIBRET A WOLDEKIDAN whose telephone number is (571)270-5145. The examiner can normally be reached 9-5:30.
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/HIBRET A WOLDEKIDAN/Primary Examiner, Art Unit 2635