Prosecution Insights
Last updated: August 17, 2026
Application No. 18/757,716

APPARATUS AND METHOD FOR ALLOCATING WAVELENGTHS FOR OPTICAL SIGNALS IN OPTICAL ACCESS NETWORK

Non-Final OA §102§103
Filed
Jun 28, 2024
Priority
Jun 30, 2023 — RE 10-2023-0085033 +1 more
Examiner
MOTSINGER, TANYA THERESA NGO
Art Unit
2635
Tech Center
2600 — Communications
Assignee
Electronics and Telecommunications Research Institute
OA Round
1 (Non-Final)
76%
Grant Probability
Favorable
1-2
OA Rounds
1y 0m
Est. Remaining
91%
With Interview

Examiner Intelligence

Grants 76% — above average
76%
Career Allowance Rate
305 granted / 401 resolved
+14.1% vs TC avg
Moderate +15% lift
Without
With
+14.7%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
6 currently pending
Career history
409
Total Applications
across all art units

Statute-Specific Performance

§101
1.9%
-38.1% vs TC avg
§103
56.8%
+16.8% vs TC avg
§102
12.6%
-27.4% vs TC avg
§112
26.1%
-13.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 401 resolved cases

Office Action

§102 §103
DETAILED ACTION 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claim(s) 1, 2, 5, 7, 8, 11 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Lee et al (herein Lee) US PG PUB 20180123723. Re claim 1, Lee disclosed an operation method of an optical transceiver, the operation method comprising: determining a first center wavelength for a downstream optical signal (Fig. 8 is a flow chart illustration operation performed to transmit data ban an optical line terminal (OLT) and an optical network unit (ONU) in an optical network system ¶ [0037], such that includes step 820, wherein the OLT and the ONU may transmit the identified data via at least one wavelength channel used in the optical network system. For example, the OLT may transmit data to the ONU using at least one of a plurality of downstream channel ¶ [0100], such that a wavelength of channel for the downstream optical signal is identified or determined); determining a second center wavelength for an upstream optical signal (Fig. 9 is a flowchart illustrating operations performed to receive data by an OLT and an ONU in an optical network system according to the example embodiment ¶ [0102], where in operation 902, each of the OLT and the ONU may receive data from the connected optical device. The OLT may receive data from the ONU using at least one upstream channel ¶ [0104]); allocating the first center wavelength to a downstream optical signal (when the BOSA 700 is included in the OLT, a downstream channel may be included in the passband of the splitter filter 720. ¶ [0097], such that the center wavelength of the downstream optical signal is allocated to be within the passband of the filter); allocating the second center wavelength to an upstream optical signal (An operation of the BOSA 700 has been described above under the assumption that the BOSA 700 is included in the ONU. In this example, the optical transmitter 730 of the BOSA 700 may convert an electrical signal transferred by a backbone network connected to the OLT into an optical signal. A wavelength used when the optical transmitter 730 converts the electrical signal may be a center wavelength of at least one of the downstream channels. For example, the optical transmitter 730 may generate an optical signal of a downstream channel allocated to an ONU connected to a subscriber to which an electrical signal transferred by the backbone network is to be received. ¶ [0096]), the first center wavelength and the second center wavelength having a separation distance corresponding to a predetermined wavelength spacing therebetween (Another aspect also provides an optical network system in which a wavelength spacing between an upstream channel and a downstream channel is set based on a performance of a band splitting filter of a bidirectional optical sub assembly (BOSA) ¶ [0005]); and separating the downstream optical signal and the upstream optical signal on the basis of the separation distance (Another aspect also provides an optical network system in which a wavelength spacing between downstream channels is set based on a downstream optical signal selection filter that separates the downstream channels¶ [0007]). Re claim 2, Lee discloses all the elements of claim 1, which claim 2 is dependent. Furthermore, wherein the first center wavelength is allocated greater than the second center wavelength (Fig. 3 discloses a diagram that shops the upstream wavelengths and the downstream wavelengths on a wavelength line such that the downstream wavelengths have a higher wavelength than that of the upstream wavelengths, such that the first wavelengths, the downstream wavelengths is allocated at a greater or higher nm). Re claim 5, Lee discloses all the elements of claim 1, which claim 5 is dependent. Furthermore, Lee discloses wherein the determining of the first center wavelength for the downstream optical signal or the determining of the second center wavelength for the upstream optical signal comprises: identifying a signal transmission penalty caused by chromatic dispersion in an optical fiber; and determining the first center wavelength or the second center wavelength on the basis of the transfer penalty (Lee discloses the center wavelengths and the wavelength ranges of the upstream channels and downstream channels may be determined based on a relationship between the upstream channels and downstream channels, and a wavelength band (for example, a “zero-dispersion window 210”) in which an FWM does not occur, that is, in which a degree of chromatic dispersion is zero. ¶ [0055], such that if the system is aware of the zero dispersion window, it is aware that other portions of the system results in chromatic dispersion). Re claim 7, Lee discloses An apparatus for an optical transceiver, the apparatus comprising: the transceiver (Lee discloses in Fig. 1 a diagram illustrating an example of a structure of an optical network system which includes and OLT that transmits downstream signals and receives upstream signals ¶ [0049], such that the OLT operates as a transceiver); and at least one controller operably connected to the transceiver (the optical network system, apparatuses, and other components described herein may be implemented using hardware component, software component, and/or a combination therefore. A processing device may be implemented by multiple processors and a controller), wherein the at least one controller is configured to perform determining a first center wavelength for a downstream optical signal (Fig. 8 is a flow chart illustration operation performed to transmit data ban an optical line terminal (OLT) and an optical network unit (ONU) in an optical network system ¶ [0037], such that includes step 820, wherein the OLT and the ONU may transmit the identified data via at least one wavelength channel used in the optical network system. For example, the OLT may transmit data to the ONU using at least one of a plurality of downstream channel ¶ [0100], such that a wavelength of channel for the downstream optical signal is identified or determined such that the selection of the wavelength and wherein it is disclosed that the software may include a computer program, a piece of code, an instruction, or some combination thereof, to independently or collectively instruct or configure the processing device to operate as desired ¶ [0113], such that the operation of the wavelength and the configuration of said wavelength is performed or selected in some part by the controller or processor); determining a second center wavelength for an upstream optical signal (Fig. 9 is a flowchart illustrating operations performed to receive data by an OLT and an ONU in an optical network system according to the example embodiment ¶ [0102], where in operation 902, each of the OLT and the ONU may receive data from the connected optical device. The OLT may receive data from the ONU using at least one upstream channel ¶ [0104]); allocating the first center wavelength to a downstream optical signal (when the BOSA 700 is included in the OLT, a downstream channel may be included in the passband of the splitter filter 720. ¶ [0097], such that the center wavelength of the downstream optical signal is allocated to be within the passband of the filter); allocating the second center wavelength to an upstream optical signal (An operation of the BOSA 700 has been described above under the assumption that the BOSA 700 is included in the ONU. In this example, the optical transmitter 730 of the BOSA 700 may convert an electrical signal transferred by a backbone network connected to the OLT into an optical signal. A wavelength used when the optical transmitter 730 converts the electrical signal may be a center wavelength of at least one of the downstream channels. For example, the optical transmitter 730 may generate an optical signal of a downstream channel allocated to an ONU connected to a subscriber to which an electrical signal transferred by the backbone network is to be received. ¶ [0096]), the first center wavelength and the second center wavelength having a separation distance corresponding to a predetermined wavelength spacing therebetween (Another aspect also provides an optical network system in which a wavelength spacing between an upstream channel and a downstream channel is set based on a performance of a band splitting filter of a bidirectional optical sub assembly (BOSA) ¶ [0005]); and separating the downstream and upstream optical signal from the upstream optical signal on the basis of the separation distance (Another aspect also provides an optical network system in which a wavelength spacing between downstream channels is set based on a downstream optical signal selection filter that separates the downstream channels¶ [0007]). Re claim 8, Lee discloses all the elements of claim 8, which claim 7 is dependent. Furthermore, Lee discloses wherein the first center wavelength is allocated greater than the second center wavelength (Fig. 3 discloses a diagram that shops the upstream wavelengths and the downstream wavelengths on a wavelength line such that the downstream wavelengths have a higher wavelength than that of the upstream wavelengths, such that the first wavelengths, the downstream wavelengths is allocated at a greater or higher nm). Re claim 11, Lee discloses all the elements of claim 7, which claim 11 is dependent. Furthermore, Lee discloses wherein the at least one controller is configured to further perform, in the determining of the first center wavelength for the downstream optical signal or the determining of the second center wavelength for the upstream optical signal, identifying a signal transmission penalty caused by chromatic dispersion in an optical fiber; and determining the first center wavelength or the second center wavelength on the basis of the transfer penalty (Lee discloses the center wavelengths and the wavelength ranges of the upstream channels and downstream channels may be determined based on a relationship between the upstream channels and downstream channels, and a wavelength band (for example, a “zero-dispersion window 210”) in which an FWM does not occur, that is, in which a degree of chromatic dispersion is zero. ¶ [0055], such that if the system is aware of the zero dispersion window, it is aware that other portions of the system results in chromatic dispersion). 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. Claim(s) 3 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee as applied to claim 1 above, and further in view of Menard et al (herein Menard) US PG PUB 2017/0019168. Re claim 3 and 9, Lee discloses all the elements of claim 1 and 7, which claim 3 and 9 are dependent. Furthermore, Lee does not explicitly disclose wherein the upstream optical signal and the downstream optical signal are transmitted through a single-mode optical fiber. However, Menard discloses that, without any change to the fiber optic and WDM-PON multiplexers, the same passive infrastructure will be able to support 80 channels of 100 Gbps, or 8 Tbps on a single strand of single mode optical fiber, with higher order modulations and coherent reception. ¶ [0115]. Lee and Menard are analogous art because they are from the same field of endeavor¸ optical networks. At the time filing, it would have been obvious to one of ordinary skill in the art, having the teachings of Lee and Menard before him or her, to modify the fibers within the Lee to include the single mode fiber of Menard because it combines prior art elements, according to known methods, to yield predictable results, in this case, enabling for higher order modulations, enabling for higher transmission rates. Claim(s) 4 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee as applied to claim 1 and 7 above, and further in view of Martinelli et al (herein Martinelli) US PG PUB 2014/0029945. Re claim 4 and 10, Lee discloses all the elements of claim 1 and 7, which claim 4 and 10 are dependent. Furthermore, Lee discloses wherein the optical transceiver is configured to operate with an operating range of up to 40 km. However, Martinelli discloses a WDM PON, the ODN typically comprises a so-called "remote node", a feeder optical fiber (feeder fiber) connecting the remote node to the OLT and a number of distribution optical fibers (distribution fibers) radiating from the remote node. Each distribution fiber may be terminated at its far end by an ONU or by a power splitter connecting the distribution fiber with multiple ONUs via multiple drop optical fibers (drop fibers). The feeder fiber has a length typically ranging from about 5 km to about 40 km ¶ [0004]. Lee and Martinelli are analogous art because they are from the same field of endeavor, optical communication networks. At the time filing, it would have been obvious to one of ordinary skill in the art, having the teachings of Lee and Martinelli before him or her, to modify the distance of components the network of Lee to include the ability to transmits across a distance of 40 km of Martinelli because it combines prior art elements, according to known methods, to yield predictable results, in this case, enabling for transmission across a large distance as required by users. Claim(s) 6 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee as applied to claim5 and 11 above, and further in view of Campos et al (herein Campos) US PG PUB 2017/0366267. Re claim 6 and 12, Lee discloses all the elements of claim 5 and 11, which claim 6 and 12 are dependent. Additionally, Lee does not explicitly disclose wherein the determining of the first center wavelength for the downstream optical signal or the determining of the second center wavelength for the upstream optical signal comprises determining the first center wavelength or the second center wavelength on the basis of a modulation method of the downstream optical signal or the upstream optical signal. However, Campos discloses process 600 provides for one or both of wavelength mapping and wavelength allocation for the different optical links, having different modulation formats and detection schemes, to meet traffic service requirements of the fiber infrastructure. ¶ [0078] Lee and Campos are analogous art because they are from the same field of endeavor, optical networks. At the time filing, it would have been obvious to one of ordinary skill in the art, having the teachings of Lee and Campos before him or her, to modify the selection or allocation of wavelength of Lee to include the consideration of modulation formats of Campos because it combines prior art elements, according to known methods, to yield predictable results, in this case, enabling for the better allocation of spectral resources. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to TANYA MOTSINGER whose telephone number is (571)270-7488. The examiner can normally be reached 9-4. 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. TANYA MOTSINGER Examiner Art Unit 2637 /TANYA T MOTSINGER/Examiner, Art Unit 2635
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Prosecution Timeline

Jun 28, 2024
Application Filed
Aug 05, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
76%
Grant Probability
91%
With Interview (+14.7%)
3y 2m (~1y 0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 401 resolved cases by this examiner. Grant probability derived from career allowance rate.

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