Prosecution Insights
Last updated: October 02, 2026
Application No. 18/773,998

OPTICAL COMMUNICATION DEVICE THAT TRANSMITS WDM SIGNAL

Final Rejection §103
Filed
Jul 16, 2024
Priority
Aug 24, 2023 — JP 2023-135952
Examiner
SHAMEEM, ASIF ISLAM
Art Unit
2634
Tech Center
2600 — Communications
Assignee
Fujitsu Limited
OA Round
2 (Final)
88%
Grant Probability
Favorable
3-4
OA Rounds
2m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 88% — above average
88%
Career Allowance Rate
21 granted / 24 resolved
+25.5% vs TC avg
Moderate +15% lift
Without
With
+15.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
22 currently pending
Career history
41
Total Applications
across all art units

Statute-Specific Performance

§103
62.9%
+22.9% vs TC avg
§102
10.7%
-29.3% vs TC avg
§112
24.3%
-15.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 24 resolved cases

Office Action

§103
Notice of Pre-AIA or AIA Status The present application is being examined under the pre-AIA first to invent provisions. Response to Arguments Applicant’s arguments with respect to the rejection(s) of claim(s) 1-5 under 35 U.S.C. § 103 have been fully considered and are persuasive. However, upon further consideration, Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Applicants’ arguments are rendered moot in view of the present Office Action. 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. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. Claim(s) 1-3 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Nakagawa (US 20240284079) in view of Kawahara (US 12244346) and further in view of Moore (US 10903930). Consider Claim 1, Nakagawa discloses an optical communication device that processes a WDM signal in a WDM transmission system, the optical communication device comprising: a reception circuit that receives a first WDM signal from a first node in the WDM transmission system (Figure 1, elements 11a and element 1 connected to element 11a serve as reception circuit for WDM signal 1a); and a transmission circuit that transmits a second WDM signal to a second node in the WDM transmission system (Figure 1, element 12a and Figure 2, element 37 transmitting WDM signal together act as transmission circuit), wherein the reception circuit includes a wavelength filter (Figure 2, element 11a) that extracts a plurality of input optical signals allocated in a first wavelength band from the first WDM signal (Paragraphs 0055 and 0056 where WSs passes multiplexed signal through element 11a which includes signals in different wavelength bands), a wavelength selective switch (Figure 2, element 34) that has a first input port (Figure 2, top fiber on left side of element 34), a second input port (Figure 2, fiber in middle connected to left side of element 34), a plurality of output ports (Figure 2, where element 34 has multiple output ports), and a wavelength conversion port (Figure 2, input to element 35 serves as wavelength conversion port) and an optical circuit including a wavelength converter optically coupled to the wavelength selective switch (Figure 2, element 35 is coupled to element 34), the plurality of input optical signals are guided to the first input port (Figure 1, where middle input into element 25aA has plurality of input signals in C-band), the wavelength selective switch guides an optical signal to be branched from the first WDM signal among the plurality of input optical signals to the wavelength conversion port (Figure 2, element 34 takes in input from top fiber on left side originating from element 31 where bands are separated and element 35 converts wavelength band at output), the optical circuit performs wavelength conversion from the first wavelength band to a second wavelength band on the optical signal output via the wavelength conversion port to generate a wavelength-converted optical signal (Figure 2, element 35 converts wavelength band from output of element 34), the wavelength selective switch guides each of an optical signal to be transmitted to the second node among the plurality of input optical signals and the wavelength-converted optical signal to a corresponding output port among the plurality of output ports (Figure 2, where outputs element 34 are going to element 37 which is part of transmission circuit), the optical circuit guides an optical signal allocated in the first wavelength band among optical signals output via the plurality of output ports to the transmission circuit (Figure 2, where output from middle fiber of element 34 is going to element 37 which is part of transmission circuit), but does not disclose the wavelength-converted optical signal is guided to the second input port of the wavelength selective switch, and guides an optical signal allocated in the second wavelength band among the optical signals output via the plurality of output ports to an access network connected to the optical communication device. However, Kawahara discloses the wavelength-converted optical signal is guided to the second input port of the wavelength selective switch (Figure 1, WSS element 25aA is receiving converted wavelength band at input port) but does not disclose guiding an optical signal allocated in the second wavelength band among the optical signals output via the plurality of output ports to an access network connected to the optical communication device. Therefore, it would have been obvious to one of ordinary skill in the art before theeffective filing date of applicant’s claimed invention to have incorporated the teachingsof Kawahara into Nakagawa to provide for more increased capacity during device operation. However, Moore discloses guiding an optical signal allocated in the second wavelength band among the optical signals output via the plurality of output ports to an access network connected to the optical communication device (Figure 6, element 515 contains wavelengths from a waveband to be used for access network/ROADM element 520). Therefore, it would have been obvious to one of ordinary skill in the art before theeffective filing date of applicant’s claimed invention to have incorporated the teachingsof Moore into Kawahara and Nakagawa to enhance network flexibility. Consider Claim 2, Nakagawa discloses The optical communication device according to claim 1, wherein the optical circuit (Figure 2, element 1) includes a second wavelength filter (Figure 2, element 31) that extracts each of the optical signal in the first wavelength band (Figure 1, top output from element 31 is first waveband) and the optical signal in the second wavelength band (Figure 1, middle output from element 31 has output in second waveband) , and at least some of the plurality of output ports are optically coupled to the second wavelength filter (Figure 1, element 31 is coupled to output ports). Therefore, it would have been obvious to one of ordinary skill in the art before theeffective filing date of applicant’s claimed invention to have incorporated the teachingsof Moore into Kawahara and Nakagawa to enhance network flexibility. Consider Claim 3, Nakagawa discloses the optical communication device according to claim 1, wherein the transmission circuit includes a second wavelength selective switch (Figure 1, element 12a) that has a common output port (Figure 1, where element 12a has a common output port) and the second wavelength selective switch outputs the optical signal arriving at the transmission circuit from the reception circuit and the second wavelength-converted optical signal via the common output port (Figure 1, element 12a takes multiple signals from elements 11a-m and elements 1 and outputs them on common output port) but does not disclose a second wavelength conversion port, and a second wavelength converter optically coupled to the second wavelength conversion port, the second wavelength selective switch guides, to the second wavelength conversion port, an optical signal to be transmitted from the access network to the second node and allocated in the second wavelength band, the second wavelength converter performs wavelength conversion from the second wavelength band to the first wavelength band on the optical signal output via the second wavelength conversion port to generate a second wavelength-converted optical signal. However, Kawahara discloses disclose a second wavelength conversion port (Figure 1, where element 26aA is coupled to element 35), and a second wavelength converter optically coupled to the second wavelength conversion port (Figure 1, where element 35 is connected to input port where signal would enter element 35), the second wavelength selective switch guides, to the second wavelength conversion port (Figure 1, element 26aA transfers signal to element 35), , the second wavelength converter performs wavelength conversion from the second wavelength band to the first wavelength band on the optical signal output via the second wavelength conversion port to generate a second wavelength-converted optical signal (Figure 1, element 35 performs wavelength band conversion from C to S on signal transmitted from element 26aA) but does not disclose an optical signal to be transmitted from the access network to the second node and allocated in the second wavelength band. Therefore, it would have been obvious to one of ordinary skill in the art before theeffective filing date of applicant’s claimed invention to have incorporated the teachingsof Kawahara into Nakagawa to provide for more increased capacity during device operation. However, Moore discloses an optical signal to be transmitted from the access network to the second node and allocated in the second wavelength band (Figure 7, where ROADM element outputs C-band traffic to be transmitted from element 510 to element 520). Therefore, it would have been obvious to one of ordinary skill in the art before theeffective filing date of applicant’s claimed invention to have incorporated the teachingsof Moore into Kawahara and Nakagawa to enhance network flexibility. Consider Claim 8, Nakagawa the optical communication device according to claim 1, wherein the wavelength conversion port is any one of the plurality of output ports (Figure 2, where element 35 is on the output of element 34). Therefore, it would have been obvious to one of ordinary skill in the art before theeffective filing date of applicant’s claimed invention to have incorporated the teachingsof Kawahara into Nakagawa, Minami, and Moore to provide for more increased capacity during device operation. Claim(s) 4 is rejected under 35 U.S.C. 103 as being unpatentable over Nakagawa in view of Minami (US 20250330257) and further in view of Moore. Consider Claim 4, Nakagawa discloses an optical communication device that processes a WDM signal in a WDM transmission system, the optical communication device comprising: a reception circuit that receives a first WDM signal from a first node in the WDM transmission system (Figure 1, elements 11a and element 1 connected to element 11a serve as reception circuit for WDM signal 1a); and a transmission circuit that transmits a second WDM signal to a second node in the WDM transmission system (Figure 1, element 12a and Figure 2, element 37 transmitting WDM signal together act as transmission circuit), wherein the reception circuit includes a wavelength filter that extracts a plurality of input optical signals allocated in a first wavelength band from the first WDM signal (Figure 12, element 61 divides signal into bands), the wavelength selective switch guides an optical signal to be transmitted to the second node among the plurality of input signals to an output port optically coupled to the transmission circuit among the plurality of output ports (Figure 2, where output from middle fiber of element 34 is going to element 37 which is part of transmission circuit), but does not disclose a wavelength selective switch that has a first input port for the first wavelength band, a second input port for the second wavelength band that is different from the first wavelength band, a plurality of output ports, a wavelength converter that performs wavelength conversion from the first wavelength band to a second wavelength band on the plurality of input optical signals to generate a plurality of wavelength-converted optical, the plurality of input optical signals are guided to the first input port for the first wavelength band, the plurality of wavelength-converted optical signals are guided to the second input port for the second wavelength band and the wavelength selective switch guides an optical signal to be transmitted to an access network among the plurality of wavelength-converted optical signals to an output port optically coupled to a device connected to the access network among the plurality of output ports. However, Minami discloses a wavelength selective switch (Figure 6, element 24m that has a first input port for the first wavelength band (Figure 6, element 24m receives input from element 23m which has wavelength band in B3 band), a second input port for the second wavelength band that is different from the first wavelength band (element 24m receives input from element 23m which has wavelength band in B2 band), and a plurality of output ports (Figure 6, element 24m has multiple outputs), and a wavelength converter (Figure 6, element 23m) that performs wavelength conversion from the first wavelength band to a second wavelength band on the plurality of input optical signals to generate a plurality of wavelength-converted optical signals ((Figure 6, where optical signals are wavelength converted bands and elements 23m include a wavelength converter that converts signals BK to BK-1; this would be done to convert from B3 to B2 band), the plurality of input optical signals are guided to the first input port for the first wavelength band (Figure 6, element 24 m receives input from top wavelength converter in element 23m), the plurality of wavelength-converted optical signals are guided to the second input port for the second wavelength band (Figure 6, element 24m receives input from bottom wavelength converter in element 23m) but does not disclose the wavelength selective switch guides an optical signal to be transmitted to an access network among the plurality of wavelength-converted optical signals to an output port optically coupled to a device connected to the access network among the plurality of output ports. Therefore, it would have been obvious to one of ordinary skill in the art before theeffective filing date of applicant’s claimed invention to have incorporated the teachingsof Minami into Nakagawa to provide for more increased capacity during device operation. However, Moore discloses the wavelength switch guides an optical signal to be transmitted to an access network among the plurality of wavelength-converted optical signals to an output port optically coupled to a device connected to the access network among the plurality of output ports (Figure 6, element 515 contains wavelengths from a waveband and element 530 is guiding to be used within access network/ROADM element 520). Therefore, it would have been obvious to one of ordinary skill in the art before theeffective filing date of applicant’s claimed invention to have incorporated the teachingsof Moore into Nakagawa and Minami to enhance network flexibility. Claim(s) 5 is rejected under 35 U.S.C. 103 as being unpatentable over Nakagawa in view of Minami in view of Moore and further in view of Kawahara. Consider Claim 5, Nakagawa discloses the optical communication device according to claim 4, wherein the transmission circuit includes a second wavelength selective switch (Figure 1, element 12a) that has a common output port (Figure 1, where element 12a has a common output port), the second wavelength selective switch guides an optical signal arriving at the transmission circuit from the reception circuit to the common output port (Figure 2 and Paragraph 0037, element 12a takes signals from element 37, transmits them to element 12a, and outputs combined output) and the optical signal output via the common output port and the second wavelength-converted optical signal are combined (Figure 1, element 12a takes multiple signals from elements 11a-m and elements1 and outputs them on common output port) but does not disclose a second wavelength conversion port, and a second wavelength converter optically coupled to the second wavelength conversion port, the second wavelength selective switch guides to the second wavelength conversion port, an optical signal to be transmitted from the access network to the second node and allocated in the second wavelength band, the second wavelength converter performs wavelength conversion from the second wavelength band to the first wavelength band on the optical signal output via the second wavelength conversion port to generate a second wavelength-converted optical signal. However, Moore discloses an optical signal to be transmitted from the access network to the second node and allocated in the second wavelength band (Figure 7, where ROADM element outputs C-band traffic to be transmitted from element 510 to element 520). Therefore, it would have been obvious to one of ordinary skill in the art before theeffective filing date of applicant’s claimed invention to have incorporated the teachingsof Moore into Nakagawa and Minami to enhance network flexibility. However, Kawahara discloses a second wavelength conversion port (Figure 1, where element 26aA is coupled to element 35), and a second wavelength converter optically coupled to the second wavelength conversion port (Figure 1, where element 35 is connected to input port where signal would enter element 35), the second wavelength selective switch guides to the second wavelength conversion port (Figure 1, where element 35 is connected to input port where signal would enter element 35) the second wavelength converter performs wavelength conversion from the second wavelength band to the first wavelength band on the optical signal output via the second wavelength conversion port to generate a second wavelength-converted optical signal (Figure 1, element 35 performs wavelength band conversion from C to S on signal transmitted from element 26aA) but does not disclose an optical signal to be transmitted from the access network to the second node and allocated in the second wavelength band. Therefore, it would have been obvious to one of ordinary skill in the art before theeffective filing date of applicant’s claimed invention to have incorporated the teachingsof Kawahara into Nakagawa, Minami, and Moore to provide for more increased capacity during device operation. Claim(s) 6-7 are rejected under 35 U.S.C. 103 as being unpatentable over Nakagawa in view of Kawahara in view of Moore and further in view of Minami (US 20250330257). Consider Claim 6, Nakagawa, Kawahara, and Moore do not disclose the limitations of this claim. However, Minami discloses the optical communication device according to claim 1, wherein the wavelength selective switch has a single wavelength conversion port as the wavelength conversion port (Figure 3, where WSS element 24s has a single wavelength conversion element 23s). Therefore, it would have been obvious to one of ordinary skill in the art before theeffective filing date of applicant’s claimed invention to have incorporated the teachingsof Minami into Nakagawa, Kawahara, and Moore to provide for option of single band conversion. Consider Claim 7, Minami discloses the optical communication device according to claim 6, wherein the single wavelength conversion port is excluded from the plurality of output ports (Figure 3, where elements 23s are is excluded from outputs of element 24s). Therefore, it would have been obvious to one of ordinary skill in the art before theeffective filing date of applicant’s claimed invention to have incorporated the teachingsof Minami into Nakagawa, Kawahara, and Moore to provide for option of single band conversion. Conclusion Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ASIF SHAMEEM whose telephone number is (571)272-6576. The examiner can normally be reached Monday - Friday 8:00 AM EST-5:00 PM EST. 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, KENNETH VANDERPUYE can be reached at (571) 272-3078. 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. /ASIF SHAMEEM/Examiner, Art Unit 2634 /KENNETH N VANDERPUYE/Supervisory Patent Examiner, Art Unit 2634
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Prosecution Timeline

Jul 16, 2024
Application Filed
Mar 11, 2026
Non-Final Rejection mailed — §103
Jun 09, 2026
Response Filed
Aug 31, 2026
Final Rejection mailed — §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
88%
Grant Probability
99%
With Interview (+15.0%)
2y 4m (~2m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 24 resolved cases by this examiner. Grant probability derived from career allowance rate.

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