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
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 1,7 are provisionally rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1,4 of copending Application No. 18/699,781.
Although the conflicting claims are not identical, they are not patentably distinct from each other because Claims 1,7 of the present application are an obvious subset of the limitations presented in claims 1,4 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
7
App. No. 18/699,781
1,4
1,4
The following table illustrates a mapping of the limitations of claim 1 of the present application when compared against the limitations of claim 1,4 of copending Application No. 18/699,781. The differences have been bolded for purposes of clarity.
Claim 1 of Present Application
Claim 1,4 of copending Application No. 18/699,781
An optical communication device comprising:
Claim 1. An optical communication device comprising:
a first optical switch that is connected to a plurality of optical transmission lines and outputs an optical signal input from any of the optical transmission lines to another optical transmission line;
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;
Claim 4 further teaches, “…each of the plurality of first distributors includes one or more first wavelength selective optical switches…”
a second optical switch that is connected to a plurality of optical transmission lines and outputs an optical signal input from any of the optical transmission lines to another optical transmission line;
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;
Claim 4 further teaches, “…each of the plurality of second distributors includes one or more second wavelength selective optical switches;…”
and a transferer configured to transfer an optical signal transmitted from a first device connected to the first optical switch to a specific second device connected to the second optical switch.
and a 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.
As the table above illustrates, all the limitations of claim 1 of the present application are taught by claim 1,4 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 1,4 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 7 of the present application when compared against the limitations of claim 1,4 of copending Application No. 18/699,781. The differences have been bolded for purposes of clarity.
Claim 7 of Present Application
Claim 1,4 of copending Application No. 18/699,781
7. An optical communication system comprising:
Claim 1. An optical communication device comprising:
a first optical switch that is connected to a plurality of optical transmission lines and outputs an optical signal input from any of the optical transmission lines to another optical transmission line;
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;
Claim 4 further teaches, “…each of the plurality of first distributors includes one or more first wavelength selective optical switches…”
a second optical switch that is connected to a plurality of optical transmission lines and outputs an optical signal input from any of the optical transmission lines to another optical transmission line;
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;
Claim 4 further teaches, “…each of the plurality of second distributors includes one or more second wavelength selective optical switches;…”
and a transferer configured to transfer an optical signal transmitted from a first device connected to the first optical switch to a specific second device connected to the second optical switch.
and a 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.
As the table above illustrates, all the limitations of claim 7 of the present application are taught by claim 1,4 of copending Application No. 18/699,781.
Thus, claim 7 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 1,4 of copending Application No. 18/699,781, as anticipation of all limitations is tantamount to obviousness.
Claim 8 is provisionally rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 12 of copending Application No. 18/699,781 in view of Sawara et al.(JP 2017157983 A: submitted as an IDS).
This is a provisional obviousness-type double patenting rejection.
The following table illustrates a mapping of the limitations of claim 8 of the present application when compared against the limitations of claim 12 of copending Application No. 18/699,781. The differences have been bolded for purposes of clarity.
Claim 8 of Present Application
Claim 12 of copending Application No. 18/699,781
A transfer method comprising:
A transfer method comprising:
causing a first optical switch connected to a plurality of optical transmission lines to output an optical signal input from any of the optical transmission lines to another optical transmission line;
causing a plurality of first distributors connected to a plurality of optical transmission lines to output an optical signal input from any of first devices to any of the optical transmission lines;
causing a second optical switch connected to a plurality of optical transmission lines to output an optical signal input from any of the optical transmission lines to another optical transmission line;
causing a plurality of second distributors connected to a plurality of optical transmission lines to output an optical signal input from any of the optical transmission lines to any of second devices;
and transferring an optical signal transmitted from a first device connected to the first optical switch to a specific second device connected to the second optical switch.
and transferring 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.
As the table above illustrates, the only limitations not taught by claim 12 of copending Application No. 18/699,781 is, the first distributer is “a first optical switch” and the second distributer is “a second optical switch”.
However, Sawara teaches the first distributer is “a first optical switch” and the second distributer is “a second optical switch”(See Paragraph 60,61, fig. 6 i.e. the first distributer(31) is a first optical switch and the second distributer(34) is a second optical switch).
Thus, claim 8 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 12 of copending Application No. 18/699,781, as anticipation of all limitations is tantamount to obviousness.
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to include in US App No 18/699,781, the first distributer to be a first optical switch and the second distributer to be a second optical switch, as suggested by Sawara, as this doesn’t change the overall operation of the system, and it could be used to achieve the predictable result of increasing the amount and selectivity of data transmission to a desired destination using optical switching unit.
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 1,7,8 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 first optical switch that is connected to a plurality of optical transmission lines and outputs an optical signal input from any of the optical transmission lines to another optical transmission line(See Paragraph 44,60,61, fig. 6 i.e. a first optical switch which is a core switching function unit(31) that is connected to a plurality of optical transmission lines(transmission lines coupling the input(301-1…301-M) to the first optical switch(31)) and outputs an optical signal input from any of the optical transmission lines(transmission lines coupling the input(301-1…301-M) to the first optical switch(31)) to another optical transmission line(transmission lines coupling the first optical switch(31) to route switching function unit(32)); a second optical switch that is connected to a plurality of optical transmission lines and outputs an optical signal input from any of the optical transmission lines to another optical transmission line(See Paragraph 60,65, fig. 6 i.e. a second optical switch(34) that is connected to a plurality of optical transmission lines(transmission lines between the route switching function unit(32) and the second optical switch(34)) and outputs an optical signal input from any of the optical transmission lines(transmission lines between the route switching function unit(32) and the second optical switch(34)) to another optical transmission line(transmission lines between the second optical switch(34) and output paths(302-1…302-M)); and a transferer configured to transfer an optical signal transmitted from a first device connected to the first optical switch to a specific second device connected to the second optical switch(See Paragraph 60,61, fig. 6 i.e. a transferer which is a route switching function unit(32) configured to transfer an optical signal transmitted from a first device(301-1…301-M) connected to the first optical switch(31) to a specific second device(302-1…302-M) connected to the second optical switch(34)).
Claim 7 is rejected for the same reason as in claim 1.
Claim 8 is rejected for the same reason as in claim 1.
Allowable Subject Matter
Claims 2-6 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 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