Prosecution Insights
Last updated: August 30, 2026
Application No. 18/718,168

OPTICAL NETWORK UNIT, CENTRAL OFFICE NODE AND METHODS OF CONFIGURING AN OPTICAL NETWORK UNIT

Non-Final OA §103
Filed
Jun 10, 2024
Priority
Dec 22, 2021 — nonprovisional of PCTEP2021087280
Examiner
SINGH, DALZID E
Art Unit
2635
Tech Center
2600 — Communications
Assignee
Telefonaktiebolaget LM Ericsson
OA Round
2 (Non-Final)
91%
Grant Probability
Favorable
2-3
OA Rounds
0m
Est. Remaining
98%
With Interview

Examiner Intelligence

Grants 91% — above average
91%
Career Allowance Rate
810 granted / 891 resolved
+28.9% vs TC avg
Moderate +7% lift
Without
With
+6.8%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 1m
Avg Prosecution
14 currently pending
Career history
900
Total Applications
across all art units

Statute-Specific Performance

§101
6.4%
-33.6% vs TC avg
§103
42.2%
+2.2% vs TC avg
§102
25.3%
-14.7% vs TC avg
§112
12.9%
-27.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 891 resolved cases

Office Action

§103
DETAILED ACTION 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 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); 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 nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b). The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13. The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer. Claims 1, 8 and 21 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 6 and 11 of copending U.S. Application No. 18/565,066 (U.S. Publication No. 20240259130 A1; notice of allowance mailed April 21, 2026). Although the claims at issue are not identical, they are not patentably distinct from each other because claims of the present application are an obvious subset, variation and/or rearrangement of the limitations presented in claims of U.S. Application No. 18/565,066 (U.S. Publication No. 20240259130 A1). The following table illustrates a mapping of the limitations of claims of the present application when compared against the limitations of claims of U.S. Application No. 18/565,066. Claims of U.S. Application No. 18/565,066 Claims of Present Application 1. An optical network unit (ONU) for a passive optical network (PON), the ONU comprising: a tunable receiver having a wavelength tunable operating wavelength; a tunable transmitter having a wavelength tunable operating wavelength; and a controller comprising at least one processor and memory containing instructions executable by the at least one processor, whereby the ONU is operative to: if the tunable transmitter is on, switch the tunable transmitter off and if the tunable receiver is off, switch the tunable receiver on; determine an availability of a control channel; receive a downstream control channel signal at a downstream control channel wavelength from a central office (CO) node of the PON, the downstream control channel signal carrying an indication of allocated operating wavelengths for the ONU; set an operating wavelength of the tunable receiver to an allocated operating wavelength and set the operating wavelength of the tunable transmitter to an allocated operating wavelength; and switch the tunable transmitter on. 6.A central office (CO) node for a passive optical network (PON), the CO node comprising: a plurality of optical line terminations (OLTs) operable at respective channel wavelengths of the PON, one of the OLTs being allocated to a control channel; and a controller comprising at least one processor and memory containing instructions executable by the at least one processor, whereby the CO node is operative to: transmit a downstream control channel signal from the allocated OLT at a downstream control channel wavelength; determine allocated operating wavelengths for an Optical Network Unit (ONU) of the PON; and transmit a further downstream control channel signal from the allocated OLT at the downstream control channel wavelength, the further downstream control channel signal carrying an indication of the allocated operating wavelengths for the ONU. 11. A method of configuring an optical network unit (ONU) of a passive optical network (PON), the ONU comprising a tunable transmitter and a tunable receiver, the method comprising steps of: if the tunable transmitter is on, switching the tunable transmitter off and if the tunable receiver is off, switching the tunable receiver on; determining an availability of a control channel; receiving a downstream control channel signal at a downstream control channel wavelength from a central office (CO) node of the PON, the downstream control channel signal carrying an indication of allocated operating wavelengths for the ONU; setting an operating wavelength of the tunable receiver to an allocated operating wavelength and setting the operating wavelength of the tunable transmitter to an allocated operating wavelength; and switching the tunable transmitter on. 1. An optical network unit, ONU, for a passive optical network, PON, the ONU comprising: a tunable receiver having a tunable operating wavelength; a tunable transmitter having a tunable operating wavelength; and a controller comprising at least one processor and memory containing instructions executable by the at least one processor whereby the ONU is operative to: if the tunable transmitter is on, switch the tunable transmitter off and if the tunable receiver is off, switch the tunable receiver on; determine a downstream control channel wavelength; set an operating wavelength of the tunable receiver to the downstream control channel wavelength; receive a downstream control channel signal at the downstream control channel wavelength from a central office, CO, node of the PON, the downstream control channel signal carrying an indication of an allocation of channel wavelengths to ONUs; obtain allocated downstream and upstream channel wavelengths for the ONU from the indication of an allocation of channel wavelengths to ONUs; set an operating wavelength of the tunable receiver to the allocated downstream channel wavelength and set the operating wavelength of the tunable transmitter to the allocated upstream channel wavelength; and switch the tunable transmitter on. 8. A central office, CO, node for a passive optical network, PON, the CO node comprising: a plurality of optical line terminations, OLTs, operable at respective channel wavelengths of a PON, one of the OLTs being allocated to a control channel; and a controller comprising at least one processor and memory containing instructions executable by the at least one processor whereby the CO node is operative to: allocate the channel wavelengths to ONUs of the PON; and transmit, on a downstream control channel signal from the allocated OLT at a downstream control channel wavelength, an indication of the allocation of channel wavelengths to ONUs of the PON, wherein the downstream control channel wavelength is a different wavelength than the channel wavelengths allocated to the ONUs of the PON. 21. A method of configuring an optical network unit, ONU, of a passive optical network, PON, the ONU, comprising a tunable transmitter and a tunable receiver, the method comprising steps of: if the tunable transmitter is on, switching the tunable transmitter off and if the tunable receiver is off, switching the tunable receiver on; determining a downstream control channel wavelength; setting an operating wavelength of the tunable receiver to the downstream control channel wavelength; receiving a downstream control channel signal at the downstream control channel wavelength from a central office, CO, node of the PON, the downstream control channel signal carrying an indication of an allocation of channel wavelengths to ONUs; obtaining allocated downstream and upstream channel wavelengths for the ONU from the indication of an allocation of channel wavelengths to ONUs; setting an operating wavelength of the tunable receiver to the allocated downstream channel wavelength and setting the operating wavelength of the tunable transmitter to the allocated upstream channel wavelength; and switching the tunable transmitter on. As the table above illustrates, the limitations of claims of the present application are taught by claims U.S. Application No. 18/565,066. Therefore, claims of the present application would have been obvious to one of ordinary skill in the art. 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. Claims 8 and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Hwang et al (US Pub. No. 2006/0115271 A1) in view of Dahlfort et al (US Pub. 2012/0315040 A1) and further in view of Dai (US Pub. No. 2017/0064419 A1). Regarding claim 8, Hwang et al teaches a central office, CO, node for a passive optical network, PON, the CO node comprising: an optical line termination, OLT, operable at respective channels wavelengths of a PON (para [0027]; “Referring to FIG. 1, the WDM-PON 100 includes an optical line terminal (OLT) 110, a remote node (RN) 130, which is connected to the OLT 110 via a main optical fiber (MF) 120, and first through Nth optical network units (ONUs) 150-1 through 150-N,…”), one of the OLTs being allocated to a control channel (para [0031]; “The OLT 110 downstream-transmits control information including the wavelength information (that is, downstream data channel allocation information) and time information (that is, time slot allocation information) determined in the procedure (a) to the first through Nth ONUs 150-1 through 150-N using the first control channel λC1. Each of the first through Nth ONUs 150-1 through 150-N selectively receives a first control frame loaded in a time slot pre-allocated thereto from the first control channel λC1.”); and a controller comprising at least one processor and memory containing instructions executable by the at least one processor (para [0044]; “Referring to FIG. 7, the OLT 110 includes a controller 410….”; it is inherent that the controller comprises at least one processor and memory containing instructions executable by the at least one processor in order to perform programmed functions) whereby the CO node is operative to: transmit, on a downstream control channel signal from the allocated OLT at a downstream control channel wavelength (para [0027]; “The OLT 110 downstream-transmits downstream data and control information using first through Nth downstream data channels λD1 through λDN, each of an independent wavelength, and a first control channel λC1.”; para [0032]; “FIG. 2 illustrates an exemplary format of first control channel λC1. Referring to FIG. 2, the first control channel λC1 includes first through Nth time slots TS1 through. TSN making one cycle, wherein a Pth time slot TSP is allocated to a Pth ONU 150-P. A first control frame 200 loaded in each time slot, wherein the first control frame in the Pth time slot TSP is shown in detail. The first control frame includes wavelength information 235 and time information 220 of the Pth ONU 150-P.”; control frame is considered as control channel signal), an indication of the allocation of channel wavelengths to an ONU (para [0027]; “The OLT 110 downstream-transmits downstream data and control information using first through Nth downstream data channels λD1 through λDN, each of an independent wavelength…), an indication of the allocation of channel wavelengths to ONUs of the PON (para [0031]; “The OLT 110 downstream-transmits control information including the wavelength information (that is, downstream data channel allocation information)…”). Hwang et al teaches central office comprises an optical line terminations (OLT), as discussed above, and differs from the claimed invention in that Hwang et al does not specifically teach a plurality of optical line terminations (OLTs). Dahlfort et al teaches passive optical network comprising a plurality of optical line terminations (OLTs) (para [0049]; “FIG. 1 is a diagram of one embodiment of a passive optical network (PON) 100 implementing a fast initialization architecture. The PON 100 includes a set of optical line terminals (OLTs) 110 and a set of optical network units (ONUs) 120.”). Therefore, it would have been obvious to an artisan of ordinary skill in the art before the effective filling date of the claimed invention to modify the optical network of Hwang et al to include plurality of OLTs, as taught by Dahlfort et al in order to increase transmission bandwidth, enhanced redundancy and reliability. Dahlfort et al also teaches electronic device such as controller comprising processors and memory (para [0084]; “…electronic devices store and communicate (internally and/or with other electronic devices over a network) code and data using non-transitory machine-readable or computer-readable media, such as non-transitory machine-readable or computer-readable storage media (e.g., magnetic disks; optical disks; random access memory; read only memory; flash memory devices; and phase-change memory). In addition, such electronic devices typically include a set of one or more processors coupled to one or more other components, such as one or more storage devices, user input/output devices, and network connections. The coupling of the set of processors and other components is typically through one or more busses and bridges (also termed as bus controllers). The storage devices represent one or more non-transitory machine-readable or computer-readable storage media and non-transitory machine-readable or computer-readable communication media.”). The combination of Hwang et al as modified by Dahlfort et al teaches transmission of plurality of wavelength and control wavelength (Hwang et al: Fig. 1, Fig. 7 and para [0031]; “The OLT 110 downstream-transmits control information including the wavelength information (that is, downstream data channel allocation information) and time information (that is, time slot allocation information) determined in the procedure (a) to the first through Nth ONUs 150-1 through 150-N using the first control channel λC1. Each of the first through Nth ONUs 150-1 through 150-N selectively receives a first control frame loaded in a time slot pre-allocated thereto from the first control channel λC1.”) and differs from the claimed invention in that the combination does not specifically teach wherein the downstream control channel wavelength is a different wavelength than the channel wavelengths allocated to the ONUs of the PON. In passive optical network (PON) communication system, it is well known to provide control channel on a different wavelength than channel allocated to the ONUs. Dai teaches PON system wherein control channel wavelength is a different wavelength than the channel wavelengths allocated to the ONUs (para [0035]; “FIG. 5 provides example embodiment 500 of ONU 560 with a dedicated O band control channel. In ONU 510, the O band control wavelength is separated from the C band and/or L band by WDM filter 510. O band receiver 530 constantly receives the control signal while the OLT instructs ONU 560 to tune to a wavelength in C band and/or L band for receiving downstream data.”). Therefore, it would have been obvious to an artisan of ordinary skill in the art before the effective filling date of the claimed invention to modify the optical network of the combination to provide control channel on a different wavelength than the channel wavelengths allocated to the ONUs, as taught by Dai, in order to provide dedicated real-time management without using data bandwidth and hence improve performance. Regarding claim 22, Hwang et al teaches a central office, CO, node for a passive optical network, PON, of controlling operating wavelengths of an optical network unit, ONU, of the PON, the CO node comprising: an optical line termination, OLT, operable at respective channels wavelengths of a PON (para [0027]; “Referring to FIG. 1, the WDM-PON 100 includes an optical line terminal (OLT) 110, a remote node (RN) 130, which is connected to the OLT 110 via a main optical fiber (MF) 120, and first through Nth optical network units (ONUs) 150-1 through 150-N,…”), one of the OLTs being allocated to a control channel (para [0031]; “The OLT 110 downstream-transmits control information including the wavelength information (that is, downstream data channel allocation information) and time information (that is, time slot allocation information) determined in the procedure (a) to the first through Nth ONUs 150-1 through 150-N using the first control channel λC1. Each of the first through Nth ONUs 150-1 through 150-N selectively receives a first control frame loaded in a time slot pre-allocated thereto from the first control channel λC1.”), the method comprising steps of: allocating the channel wavelengths to ONUs of the PON (para [0027]; “The OLT 110 downstream-transmits downstream data and control information using first through Nth downstream data channels λD1 through λDN, each of an independent wavelength, and a first control channel λC1.”; para [0032]; “FIG. 2 illustrates an exemplary format of first control channel λC1. Referring to FIG. 2, the first control channel λC1 includes first through Nth time slots TS1 through. TSN making one cycle, wherein a Pth time slot TSP is allocated to a Pth ONU 150-P. A first control frame 200 loaded in each time slot, wherein the first control frame in the Pth time slot TSP is shown in detail. The first control frame includes wavelength information 235 and time information 220 of the Pth ONU 150-P.”; control frame is considered as control channel signal), an indication of the allocation of channel wavelengths to an ONU (para [0027]; “The OLT 110 downstream-transmits downstream data and control information using first through Nth downstream data channels λD1 through λDN, each of an independent wavelength…), transmitting, on a downstream control channel signal from the allocated OLT at a downstream control channel wavelength, an indication of the allocation of channel wavelengths to ONUs of the PON (para [0031]; “The OLT 110 downstream-transmits control information including the wavelength information (that is, downstream data channel allocation information)…”). Hwang et al teaches central office comprises an optical line terminations (OLT), as discussed above, and differs from the claimed invention in that Hwang et al does not specifically teach a plurality of optical line terminations (OLTs). Dahlfort et al teaches passive optical network comprising a plurality of optical line terminations (OLTs) (para [0049]; “FIG. 1 is a diagram of one embodiment of a passive optical network (PON) 100 implementing a fast initialization architecture. The PON 100 includes a set of optical line terminals (OLTs) 110 and a set of optical network units (ONUs) 120.”). Therefore, it would have been obvious to an artisan of ordinary skill in the art before the effective filling date of the claimed invention to modify the optical network of Hwang et al to include plurality of OLTs, as taught by Dahlfort et al in order to increase transmission bandwidth, enhanced redundancy and reliability. Dahlfort et al also teaches electronic device such as controller comprising processors and memory (para [0084]; “…electronic devices store and communicate (internally and/or with other electronic devices over a network) code and data using non-transitory machine-readable or computer-readable media, such as non-transitory machine-readable or computer-readable storage media (e.g., magnetic disks; optical disks; random access memory; read only memory; flash memory devices; and phase-change memory). In addition, such electronic devices typically include a set of one or more processors coupled to one or more other components, such as one or more storage devices, user input/output devices, and network connections. The coupling of the set of processors and other components is typically through one or more busses and bridges (also termed as bus controllers). The storage devices represent one or more non-transitory machine-readable or computer-readable storage media and non-transitory machine-readable or computer-readable communication media.”). The combination of Hwang et al as modified by Dahlfort et al teaches transmission of plurality of wavelength and control wavelength (Hwang et al: Fig. 1, Fig. 7 and para [0031]; “The OLT 110 downstream-transmits control information including the wavelength information (that is, downstream data channel allocation information) and time information (that is, time slot allocation information) determined in the procedure (a) to the first through Nth ONUs 150-1 through 150-N using the first control channel λC1. Each of the first through Nth ONUs 150-1 through 150-N selectively receives a first control frame loaded in a time slot pre-allocated thereto from the first control channel λC1.”) and differs from the claimed invention in that the combination does not specifically teach wherein the downstream control channel wavelength is a different wavelength than the channel wavelengths allocated to the ONUs of the PON. In passive optical network (PON) communication system, it is well known to provide control channel on a different wavelength than channel allocated to the ONUs. Dai teaches PON system wherein control channel wavelength is a different wavelength than the channel wavelengths allocated to the ONUs (para [0035]; “FIG. 5 provides example embodiment 500 of ONU 560 with a dedicated O band control channel. In ONU 510, the O band control wavelength is separated from the C band and/or L band by WDM filter 510. O band receiver 530 constantly receives the control signal while the OLT instructs ONU 560 to tune to a wavelength in C band and/or L band for receiving downstream data.”). Therefore, it would have been obvious to an artisan of ordinary skill in the art before the effective filling date of the claimed invention to modify the optical network of the combination to provide control channel on a different wavelength than the channel wavelengths allocated to the ONUs, as taught by Dai, in order to provide dedicated real-time management without using data bandwidth and hence improve performance. Claims 11-13 are rejected under 35 U.S.C. 103 as being unpatentable over Hwang et al (US Pub. No. 2006/0115271 A1) in view of Dahlfort et al (US Pub. 2012/0315040 A1) in view of Dai (US Pub. No. 2017/0064419 A1) and further in view of Kim et al (US Pub. No. 2015/0365192 A1). Regarding claim 11, the combination of Hwang et al as modified by Dahlfort et al and Dai teaches receive an upstream signal from an ONU on an upstream channel at an upstream channel wavelength (Hwang et al: Fig. 1 and para [0027]; “Each of the first through Nth ONUs 150-1 through 150-N upstream-transmits upstream data and queue information using first through Mth upstream data channels λU1 through λ.UM …”). The combination differs from the claimed invention in that the combination does not specifically teach receive identifications, IDs, of ONUs of the PON from a management system of the PON; and wherein to allocate the channel wavelengths to ONUs the CO node is operative to allocate the channel wavelengths to the ONU IDs. However, it is well known to provide ID to ONUs. Kim et al teaches identifications, IDs, of ONUs of the PON from a management system of the PON; and wherein to allocate the channel wavelengths to ONUs the CO node is operative to allocate the channel wavelengths to the ONU IDs (para [0017]; “…in response to the wavelength change request message, transmitting a wavelength change response message from the ONU to the source OLT to indicate whether or not the ONU can change a wavelength thereof, wherein the wavelength change request message contains one of the following: a system ONU identification (ID), a channel ONU ID, and individual ONU ID, as identification information for specifying an ONU that is requested to change a wavelength thereof.”; para [0018]; “The wavelength change request message may be a Tuning_Control PLOAM message, the wavelength change response message may be a Tuning_Response PLOAM message, and the identification information may be contained in an ONU-ID field of the Tuning_Control PLOAM message.”). Therefore, it would have been obvious to an artisan of ordinary skill in the art before the effective filling date of the claimed invention to modify the optical communication of the combination to receive identifications, IDs, of ONUs of the PON from a management system of the PON in order to distinguish between multiple ONUs sharing the same fiber, facilitating secure, orderly, and efficient data communication. Regarding claim 12, the combination of Hwang et al as modified by Dahlfort et al and Dai teaches receive an upstream signal from an ONU on an upstream channel at an upstream channel wavelength (Hwang et al: Fig. 1 and para [0027]; “Each of the first through Nth ONUs 150-1 through 150-N upstream-transmits upstream data and queue information using first through Mth upstream data channels λU1 through λ.UM …”). The combination differs from the claimed invention in that the combination does not specifically teach the upstream signal including an indication of an identification, ID, of the ONU and in response to determining that the upstream channel wavelength of the received upstream signal matches the upstream channel wavelength allocated to the ONU ID, send an acknowledgement to the ONU. However, it is well known to provide ID to ONUs. Kim et al teaches upstream signal including an indication of an identification, ID, of the ONU and in response to determining that the upstream channel wavelength of the received upstream signal matches the upstream channel wavelength allocated to the ONU ID, send an acknowledgement to the ONU (para [0063]; “FIG. 7 is a table showing a configuration of a Tuning_Response PLOAM message according to an exemplary embodiment. A Tuning_Response PLOAM message is a message that an ONU sends to a source OLT-port or a target OLT-port in response to a received Tuning_Control PLOAM message (refer to S11 and S14 of FIG. 2). Referring to FIG. 7, the Tuning_Response PLOAM message comprises an ONU-ID field (octet 1-2), a message type field (octet 3), a sequence number field (octet 4), an operation code field (octet 5), a response code field (octet 6), a wavelength tuning result field (octet 7), a destination wavelength field (octet 8), a tuning class field (octet 9), a tuning time field (octet 10-11), a padding field (octet 24-40), and an MIC field (octet 41-48).”). Therefore, it would have been obvious to an artisan of ordinary skill in the art before the effective filling date of the claimed invention to modify the optical communication of the combination to provide identification, ID, of the ONU to the upstream signal send an acknowledgement, as taught by Kim et al in order to distinguish between multiple ONUs sharing the same fiber, facilitating secure, orderly, and efficient data communication. Furthermore, sending an acknowledgement message guaranteed reliable data delivery, reduced retransmission latency, enhanced flow control, and improved security through verification of data integrity. Regarding claim 13, in view of the above combination, the combination of Hwang et al as modified by Dahlfort et al and Dai and further in view of Kim et al teaches wherein the CO node is further operative to: in response to determining that a channel wavelength of the upstream channel does not match the channel wavelength allocated to the ONU ID, not send an acknowledgement to the ONU (Kim et al: para [0059]; “…an ONU that has received a Tuning_Control(Request) PLOAM message with “0x3FE” as an ONU-ID may compare its own channel information with source channel information contained in the received message, and only when they match each other, the ONU may respond to the source OLT-port by sending either a Tuning_Response(ACK) PLOAM message or a Tuning_Response(NACK) PLOAM message according to whether or not the ONU can change a wavelength thereof.”). Allowable Subject Matter Claims 9, 10 and 14-18 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. Claims 1-7 and 19-21 are allowed. The following is a statement of reasons for the indication of allowable subject matter: Regarding claim 1, Hwang et al (US Pub. No. 2006/0115271 A1) teaches a central office, CO, node for a passive optical network, PON, the CO node comprising: an optical line terminations, OLT, operable at respective channels wavelengths of a PON (para [0027]; “Referring to FIG. 1, the WDM-PON 100 includes an optical line terminal (OLT) 110, a remote node (RN) 130, which is connected to the OLT 110 via a main optical fiber (MF) 120, and first through Nth optical network units (ONUs) 150-1 through 150-N,…”), one of the OLTs being allocated to a control channel (para [0031]; “The OLT 110 downstream-transmits control information including the wavelength information (that is, downstream data channel allocation information) and time information (that is, time slot allocation information) determined in the procedure (a) to the first through Nth ONUs 150-1 through 150-N using the first control channel λC1. Each of the first through Nth ONUs 150-1 through 150-N selectively receives a first control frame loaded in a time slot pre-allocated thereto from the first control channel λC1.”); a tunable receiver having a tunable operating wavelength (para [0049]; “The receiver 430 may include an optical filter array or a wavelength tunable optical filter.”); a tunable transmitter having a tunable operating wavelength (para [0047]; “…the transmitter 420 may include a laser diode (LD) array or a wavelength tunable LD the output of which is used for the transmission carrier wavelength.”); and a controller comprising at least one processor and memory containing instructions executable by the at least one processor (para [0044]; “Referring to FIG. 7, the OLT 110 includes a controller 410….”; it is inherent that the controller comprises at least one processor and memory containing instructions executable by the at least one processor in order to perform programmed functions) whereby the CO node is operative to: receive a downstream control channel signal at a downstream control channel wavelength from a central office, CO, node of the PON, (para [0027]; “The OLT 110 downstream-transmits downstream data and control information using first through Nth downstream data channels λD1 through λDN, each of an independent wavelength, and a first control channel λC1.”; para [0032]; “FIG. 2 illustrates an exemplary format of first control channel λC1. Referring to FIG. 2, the first control channel λC1 includes first through Nth time slots TS1 through. TSN making one cycle, wherein a Pth time slot TSP is allocated to a Pth ONU 150-P. A first control frame 200 loaded in each time slot, wherein the first control frame in the Pth time slot TSP is shown in detail. The first control frame includes wavelength information 235 and time information 220 of the Pth ONU 150-P.”; control frame is considered as control channel signal), an indication of the allocation of channel wavelengths to an ONU (para [0027]; “The OLT 110 downstream-transmits downstream data and control information using first through Nth downstream data channels λD1 through λDN, each of an independent wavelength…), an indication of the allocation of channel wavelengths to ONUs of the PON (para [0031]; “The OLT 110 downstream-transmits control information including the wavelength information (that is, downstream data channel allocation information)…”). Lee et al (US Pub. No. 2016/0020868 A1) teaches tunable ONU for multi-wavelength PON system comprising tunable ONU (para [0038]; “The tunable ONU includes a wavelength splitter WDM for splitting an upstream-signal wavelength band and a downstream-signal wavelength band, a tunable light source (“Tunable Laser” in FIG. 1), a tunable filter, a photodetector element (photodiode; PD),…”). However, none of the prior art cited alone or in combination provides the motivation to teach: if the tunable transmitter is on, switch the tunable transmitter off and if the tunable receiver is off, switch the tunable receiver on; obtain allocated downstream and upstream channel wavelengths for the ONU from the indication of an allocation of channel wavelengths to ONUs; set an operating wavelength of the tunable receiver to the allocated downstream channel wavelength and set the operating wavelength of the tunable transmitter to the allocated upstream channel wavelength; and switch the tunable transmitter on. Regarding claim 21, Hwang et al (US Pub. No. 2006/0115271 A1) teaches a central office, CO, node for a passive optical network, PON, the CO node comprising: an optical line terminations, OLT, operable at respective channels wavelengths of a PON (para [0027]; “Referring to FIG. 1, the WDM-PON 100 includes an optical line terminal (OLT) 110, a remote node (RN) 130, which is connected to the OLT 110 via a main optical fiber (MF) 120, and first through Nth optical network units (ONUs) 150-1 through 150-N,…”), one of the OLTs being allocated to a control channel (para [0031]; “The OLT 110 downstream-transmits control information including the wavelength information (that is, downstream data channel allocation information) and time information (that is, time slot allocation information) determined in the procedure (a) to the first through Nth ONUs 150-1 through 150-N using the first control channel λC1. Each of the first through Nth ONUs 150-1 through 150-N selectively receives a first control frame loaded in a time slot pre-allocated thereto from the first control channel λC1.”); a tunable receiver having a tunable operating wavelength (para [0049]; “The receiver 430 may include an optical filter array or a wavelength tunable optical filter.”); a tunable transmitter having a tunable operating wavelength (para [0047]; “…the transmitter 420 may include a laser diode (LD) array or a wavelength tunable LD the output of which is used for the transmission carrier wavelength.”); and a controller comprising at least one processor and memory containing instructions executable by the at least one processor (para [0044]; “Referring to FIG. 7, the OLT 110 includes a controller 410….”; it is inherent that the controller comprises at least one processor and memory containing instructions executable by the at least one processor in order to perform programmed functions) whereby the CO node is operative to: receive a downstream control channel signal at a downstream control channel wavelength from a central office, CO, node of the PON, (para [0027]; “The OLT 110 downstream-transmits downstream data and control information using first through Nth downstream data channels λD1 through λDN, each of an independent wavelength, and a first control channel λC1.”; para [0032]; “FIG. 2 illustrates an exemplary format of first control channel λC1. Referring to FIG. 2, the first control channel λC1 includes first through Nth time slots TS1 through. TSN making one cycle, wherein a Pth time slot TSP is allocated to a Pth ONU 150-P. A first control frame 200 loaded in each time slot, wherein the first control frame in the Pth time slot TSP is shown in detail. The first control frame includes wavelength information 235 and time information 220 of the Pth ONU 150-P.”; control frame is considered as control channel signal), an indication of the allocation of channel wavelengths to an ONU (para [0027]; “The OLT 110 downstream-transmits downstream data and control information using first through Nth downstream data channels λD1 through λDN, each of an independent wavelength…), an indication of the allocation of channel wavelengths to ONUs of the PON (para [0031]; “The OLT 110 downstream-transmits control information including the wavelength information (that is, downstream data channel allocation information)…”). Lee et al (US Pub. No. 2016/0020868 A1) teaches tunable ONU for multi-wavelength PON system comprising tunable ONU (para [0038]; “The tunable ONU includes a wavelength splitter WDM for splitting an upstream-signal wavelength band and a downstream-signal wavelength band, a tunable light source (“Tunable Laser” in FIG. 1), a tunable filter, a photodetector element (photodiode; PD),…”). However, none of the prior art cited alone or in combination provides the motivation to teach: if the tunable transmitter is on, switching the tunable transmitter off and if the tunable receiver is off, switching the tunable receiver on; obtaining allocated downstream and upstream channel wavelengths for the ONU from the indication of an allocation of channel wavelengths to ONUs; setting an operating wavelength of the tunable receiver to the allocated downstream channel wavelength and setting the operating wavelength of the tunable transmitter to the allocated upstream channel wavelength; and switching the tunable transmitter on. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Sarashina (US Pub. No. 2015/0280851 A1) is citied to show DWA control in an OLT with decrease in margin of bandwidth utilization caused by bandwidth reallocation minimized. Any inquiry concerning this communication or earlier communications from the examiner should be directed to DALZID E SINGH whose telephone number is (571)272-3029. The examiner can normally be reached Monday-Friday 9-5 ET. 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, 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. 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. DALZID E. SINGH Primary Examiner Art Unit 2635 /DALZID E SINGH/Primary Examiner, Art Unit 2635
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Prosecution Timeline

Jun 10, 2024
Application Filed
Apr 07, 2026
Non-Final Rejection mailed — §103
Jul 07, 2026
Response Filed
Jul 28, 2026
Non-Final Rejection mailed — §103 (current)

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Prosecution Projections

2-3
Expected OA Rounds
91%
Grant Probability
98%
With Interview (+6.8%)
2y 1m (~0m remaining)
Median Time to Grant
Moderate
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