CTNF 18/735,540 CTNF 79232 Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Claim Objections 07-29-01 AIA Claim s 4-5, 9-10 and 12-13 are objected to because of the following informalities: In claim 4, line 1, “any of claim 1” should read “claim 1”; in claim 5, line 1, “any of claim 1” should read “claim 1”; in claim 9, line 1, “any of claim 6” should read “claim 6”; in claim 10, line 1, “any of claim 6” should read “claim 6”; in claim 12, line 1 “any one of claim 6” should read “claim 6”; in claim 13, line 1, “any of claim 6” should read “claim 6” . Appropriate correction is required. Claim Rejections - 35 USC § 102 07-06 AIA 15-10-15 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. 07-07-aia AIA 07-07 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 – 07-08-aia AIA (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. 07-15-aia AIA Claim(s) 1, 4-6 and 11-15 is/are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Li et al. (U.S. Patent Application Pub. 2018/0343065 A1) . Regarding claim 1, Li et al. teaches in FIG. 2 a passive optical network (PON) comprising an optical line terminal (OLT) and in FIG. 9 the structure of an OLT. The OLT comprises: at least one processor (902 of FIG. 9); and at least one memory (904 of FIG. 9) storing instructions (see paragraph [0077]) which, when executed by the at least one processor, cause the OLT to at least: determine an optical communication capability of the OLT, wherein the optical communication capability comprises at least one of the following: at least two upstream wavelength options supported by the OLT, a passive optical network (PON) mode associated with the OLT, and an upstream modulation format used by the OLT; and transmit, to an optical network unit (ONU), at least one indicator indicating the optical communication capability (Li et al. teaches in step 301 of FIG. 3A that the OLT transmits to an ONU all supported modulation formats; inherently, the OLT knows all the supported modulation formats). Regarding claim 4, Li et al. teaches in FIG. 3A that the message in step 301 is sent within an activation period. Regarding claim 5, Li et al. teaches in paragraph [0056] that the message can be sent as a PLOAM message. Regarding claim 6, Li et al. teaches in FIG. 2 a passive optical network (PON) comprising a plurality of optical network units (ONUs), and in FIG. 10 the structure of an ONU comprising: at least one processor (processor 1002); and at least one memory (memory 1004), wherein the at least one memory stores instructions (see paragraph [0082]), and the instructions, when executed by the at least one processor, cause the ONU to at least: receive, from an optical line terminal (OLT), at least one indicator indicating an optical communication capability of the OLT (Li et al. teaches in step 301 of FIG. 3A that the OLT transmits to an ONU all supported modulation formats), wherein the optical communication capability comprises at least one of the following: at least two upstream wavelength options supported by the OLT, a passive optical network (PON) mode associated with the OLT, and an upstream modulation format used by the OLT; and perform optical communication between the ONU and the OLT based on the at least one indicator (Li et al. teaches in step 307 that the ONU switches an upstream modulation format and downstream modulation format to the target upstream modulation format and downstream modulation format). Regarding claim 11, Li et al. teaches in step 303 of FIG. 3A that the ONU selects an upstream modulation format supported by the ONU. Regarding claim 12, Li et al. teaches in paragraph [0037] that the messages are sent to the ONU through broadcasting. Regarding claim 13, Li et al. teaches in paragraph [0056] that the message can be sent as a PLOAM message. Claim 14 is rejected based on the same reason for rejecting claim 1 because an apparatus implies the method of using the apparatus. Claim 15 is rejected based on the same reason for rejecting claim 6 because an apparatus implies the method of using the apparatus . 07-15-aia AIA Claim(s) 1, 3, 5-7, 9 and 13-15 is /are rejected under 35 U.S.C. 102(a )(1) as being an ticipated by We i et al. (U.S. Patent Application Pub. 2026/0082143 A1). Re garding claim 1, Wei et al. teaches in paragraph [0146] an optical line terminal (OLT) (paragraph [0146]: the first communication node may be an OLT), comprising: at least one processor (process 60 of FIG. 16); and at least one memory (memory 61 of FIG. 16) storing instructions (paragraph [0148]: the memory 61 may be configured to store a software program, a computer-executable program, and a module, such as a program instruction/module corresponding to the method according to the embodiments of the present application) which, when executed by the at least one processor, cause the OLT to at least: determine an optical communication capability of the OLT, wherein the optical communication capability comprises at least one of the following: at least two upstream wavelength options supported by the OLT, a passive optical network (PON) mode associated with the OLT, and an upstream modulation format used by the OLT; and transmit, to an optical network unit (ONU), at least one indicator indicating the optical communication capability (Wei et al. teaches in step S1301 of FIG. 13 that the OLT sends a transmit wavelength indication information to the ONU—see paragraph [0146] for the interpretation of first communication node and second communication node of FIG. 13; paragraph [0133] teaches that the wavelength indication information contains three options: The wavelength range for option1 is 1260 nm to 1280 nm, the wavelength range for option2 is 1290 nm to 1310 nm, and the wavelength range for option3 is 1284 nm to 1288 nm; inherently, the OLT has to determine the communication capability in order to build the message). Regarding claim 3, Wei et al. teaches in paragraphs [0052]-[0053] that the OLT sends the wavelength indication information to the second communication node via a first message; and the first message can be a Broadcast Allocation-ID (Broadcast Alloc-ID) message. Regarding claim 5, Wei et al. teaches in claim 3 that the message containing wavelength indication information can be a PLOAM message. Regarding claim 6, Wei et al. teaches in paragraph [0146] an optical network unit (ONU) (paragraph [0146]: the second communication node may be an ONU), comprising: at least one processor (process 60 of FIG. 16); and at least one memory (memory 61 of FIG. 16), wherein the at least one memory stores instructions (paragraph [0148]: the memory 61 may be configured to store a software program, a computer-executable program, and a module, such as a program instruction/module corresponding to the method according to the embodiments of the present application), and the instructions, when executed by the at least one processor, cause the ONU to at least: receive, from an optical line terminal (OLT), at least one indicator indicating an optical communication capability of the OLT, wherein the optical communication capability comprises at least one of the following: at least two upstream wavelength options supported by the OLT, a passive optical network (PON) mode associated with the OLT, and an upstream modulation format used by the OLT (Wei et al. teaches in step S1301 of FIG. 13 that the OLT sends a transmit wavelength indication information to the ONU—see paragraph [0146] for the interpretation of first communication node and second communication node of FIG. 13; paragraph [0133] teaches that the wavelength indication information contains three options: The wavelength range for option1 is 1260 nm to 1280 nm, the wavelength range for option2 is 1290 nm to 1310 nm, and the wavelength range for option3 is 1284 nm to 1288 nm); and perform optical communication between the ONU and the OLT based on the at least one indicator (Wei et al. teaches in step S1305 of FIG. 13 performing communication based on the at least one indicator). Regarding claim 7, Wei et al. teaches in paragraph [0088] and Table 7 that the ONU compares the upstream wavelength option supported by the ONU and sends a SN PLOAM message to the OLT. Regarding claim 9, Wei et al. teaches in paragraphs [0052]-[0053] that the OLT sends the wavelength indication information to the second communication node via a first message; and the first message can be a Broadcast Allocation-ID (Broadcast Alloc-ID) message. Regarding claim 13, Wei et al. teaches in claim 3 that the message containing wavelength indication information can be a PLOAM message. Claim 14 is rejected based on the same reason for rejecting claim 1 because an apparatus implies the method of using the apparatus. Claim 15 is rejected based on the same reason for rejecting claim 6 because an apparatus implies the method of using the apparatus . Claim Rejections - 35 USC § 103 07-06 AIA 15-10-15 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. 07-20-aia AIA 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. 07-20-02-aia AIA This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. 07-21-aia AIA Claim (s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wei et al. (U.S. Patent Application Pub. 2026/0082143 A1) in view of Cheng. et al. (U.S. Patent Application Pub. 2010/0226649 A1) . Wei et al. has been discussed above in regard to claims 1, 3, 5-7, 9 and 13-15. The difference between Wei et al. and the claimed invention is that Wei et al. does not teach that the OLT is caused to: determine, based on a receiver band of the OLT, the at least two upstream wavelength options within the receiver band. Cheng. et al. teaches in FIG. 2 a passive optical network comprising OLT which has receivers 212 and 217. The first receiver 212 is configured to receive upstream wavelength channel from 1290-1330 nm and the second receiver is configured to receive wavelength channels from 1260-1280 nm (see paragraphs [0034] and [0036] and FIG. 6A). One of ordinary skill in the art would have been motivated to combine the teaching of Cheng. et al. with the system of Wei et al. because Cheng et al. teaches the details of implementation that are missing from Wei et al. Thus it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to determine the upstream wavelength options based on the receiver band, as taught by Cheng et al., in the system of Wei et al . Allowable Subject Matter 12-151-08 AIA 07-43 12-51-08 Claim s 8 and 10 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 SHI K LI whose telephone number is (571)272-3031. The examiner can normally be reached M-F 6:53 a.m. -3:23 p.m. 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. skl2 April 2026 /SHI K LI/Primary Examiner, Art Unit 2635 Application/Control Number: 18/735,540 Page 2 Art Unit: 2635 Application/Control Number: 18/735,540 Page 3 Art Unit: 2635 Application/Control Number: 18/735,540 Page 4 Art Unit: 2635 Application/Control Number: 18/735,540 Page 5 Art Unit: 2635 Application/Control Number: 18/735,540 Page 6 Art Unit: 2635 Application/Control Number: 18/735,540 Page 7 Art Unit: 2635 Application/Control Number: 18/735,540 Page 8 Art Unit: 2635 Application/Control Number: 18/735,540 Page 9 Art Unit: 2635 Application/Control Number: 18/735,540 Page 10 Art Unit: 2635
Prosecution Insights