DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on September 09, 2026, has been entered.
Remarks
Pending claims for reconsideration are claims 1, 3-8, and 10-20. Applicant has
Amended claims 1, 7-8, 14-15,
Cancelled claim 2, and 9.
Response to Arguments
Applicant’s arguments filed on September 09, 2026, have been fully considered but they are not persuasive.
In the remarks, applicant argues in substance:
In response to argument (Page 10, Para: 4-5) - Examiner respectfully disagrees with applicant’s argument that Honz fails to disclose Quantum Key Distribution (QKD) from different quantum layers using a single quantum channel a in regard to independent claims 1, 8 and 15. Applicant’s provided specification defines the quantum layers to be “…quantum hardware such as quantum key distribution (QKD) device 112, service device 114, and key management system device 116” (see, Applicant provided specification: Para 0031, and Fig. 1). Hozn discloses two layers communication using Hollow Core Fiber (HCF) and where the communication takes place using quantum channel (Honz, Fig. 4). Honz teaching of HCF handling both the classical and quantum channels communication does not diminish utilization of the quantum channel in QKD as applicant’s argument suggests.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-17, and 19-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Honz et al. (NPL: First Demonstration of 25λ × 10 Gb/s C+L Band Classical / DV-QKD Co-Existence Over Single Bidirectional Fiber Link/ or “Honz” hereinafter [provided by the applicant]).
Regarding claim 1, Honz discloses “A system, comprising” (Fig. 4: a system for classical and quantum band transmission; and Abstract):
“a first electronic device” (Fig. 4: TX side of the figure) “comprising a first multiplexer/demultiplexer and a first circulator [i.e., a circulator is a non-reciprocal multiport device that routes signals from one port to the next, in a cyclic manner (applicant provided specification, Para 0047)]” (Fig. 4: on the TX side of figure 4 illustrates the course wavelength division multiplexing (CWDM) in combination with the dense wavelength division multiplexing (DWDM) i.e., the “first multiplexer/demultiplexer” are used in multiplexing/demultiplexing. Fig. 4: 10 GbE Switch i.e., a “first circulator” of TX side of figure 4; and Page 3589: Col 2: Para 2: lines 11-21, Circulators are used),
“wherein the first electronic device receives service classical data from a first service device in a first quantum layer” (Fig. 4: TX side of figure 4 i.e., the “first electronic device” where Synch 161 frame synchronization channel receive classical data),
“key management system classical data from a first key management system device in the first quantum layer” (Fig. 4; and Page 3589, Col 2: Second Paragraph: “The classical communication channel over which the key distillation was implemented is spanned between two Ethernet switches equipped with SFP+ optics capable of operating at 10 Gb/s"),
“and classical data from a classical data layer” (Page 3589, Col 2: Second Paragraph),
“the first multiplexer/demultiplexer multiplexes the service classical data, the key management system classical data, and the classical data into multiplexed classical data onto a common transmission channel” (Fig. 4: CWDM in combination with DWDM combine the signals: Synch., classical communication channel and key destination signa1),
“and the first circulator receives the multiplexed classical data from the common transmission channel at a first port and routes the multiplexed classical data to a classical communication channel via a second port” (Fig. 4: 10 GbE Switch i.e., a “first circulator” of TX side of figure 4; and Page 3589: Col 2: Para 2: lines 11-21, Circulators are used);
“and a second electronic device comprising a second multiplexer/demultiplexer and a second circulator” (Fig. 4: on the RX side of figure 4 illustrates the course wavelength division multiplexing (CWDM) in combination with the dense wavelength division multiplexing (DWDM) i.e., the “second multiplexer/demultiplexer” are used in multiplexing/demultiplexing. Fig. 4: 10 GbE Switch i.e., a “second circulator” of RX side of figure 4; and Page 3589: Col 2: Para 2: lines 11-21, Circulators are used),
“wherein the second circulator receives the multiplexed classical data from the classical communication channel on a second port, and routes the multiplexed classical data to the second multiplexer/demultiplexer on a third port” (Fig. 4: 10 GbE Switch i.e., a “second circulator” of RX side of figure 4; and Page 3589: Col 2: Para 2: lines 11-21, Circulators are used),
“and the second multiplexer/demultiplexer demultiplexes the multiplexed classical data into the service classical data, the key management system classical data, and the classical data, and outputs the service classical data, the key management system classical data, and the classical data to a second quantum layer” (Fig. 4: Synch., classical communication channel and key destination signal; synch and key destination signal are forwarded to quantum receiver representing the quantum layer);
“wherein the first quantum layer further comprises a first quantum key distribution device, and the second quantum layer further comprises a second quantum key distribution device, and the first quantum key distribution device and the second quantum key distribution device communicate quantum key distribution data via a quantum channel” (Fig. 3; and Page 3588: Col 2: Para last, discloses HCF handles both classical and QKD channels using HCF, see also Fig. 3c).
Regarding claim 3, in view of claim 1, Honz discloses “further comprising: an optical attenuator that receives the multiplexed classical data, attenuates the multiplexed classical data, and outputs the attenuated multiplexed classical data to the first circulator, wherein the optical attenuator reduces an aggregated power of the multiplexed classical data” (see Fig. 4; wherein the attenuators Aq and A-tx are considered as combined entity; see also page 3590, last column: "After levelling up the signal power, an attenuator (A-tx) is used to control the co-existence power of the classical channels").
Regarding claim 4, in view of claim 3, Honz discloses “further comprising: an amplifier that receives the attenuated multiplexed classical data from the second circulator, amplifies the attenuated multiplexed classical data, and outputs the amplified multiplexed classical data to the second multiplexer/demultiplexer, wherein the amplifier increases the aggregated power of the multiplexed classical data” (Page 3589, Col 2: last paragraph: "After this initial filtering, the downstream signals are boosted"; see also Fig. 4: Booster EDFAs).
Regarding claim 5, in view of claim 4, Honz discloses “wherein the amplifier comprises an Erbium-doped fiber amplifier” (Page 3589, Col 2: last paragraph: “After this initial filtering, the downstream signals are boosted"; see also Fig. 4: Booster EDFAs).
Regarding claim 6, in view of claim 3, Honz discloses “further comprising a first filter and a second filter, the first filter receiving the attenuated multiplexed classical data and quantum key distribution data from the first quantum layer and passing the attenuated multiplexed classical data and the quantum key distribution data, and the second filter receiving the attenuated multiplexed classical data and the quantum key distribution data, filtering the quantum key distribution data, passing the filtered quantum key distribution data to the second quantum layer, and outputting the attenuated multiplexed classical data to the second circulator” (see Fig. 4; and Page 3589, Col 2: Second paragraph).
Regarding claim 7, in view of claim 6, Honz discloses “wherein the first filter and the second filter are centered on a frequency of a quantum channel” (see Fig. 4; and Page 3589, Col 2: Second paragraph).
Regarding claim 8, claim 8 is directed to a method corresponding to the system recited in claim 1. Claim 8 is similar in scope to claim 1, and is therefore, rejected under similar rationale.
Regarding claim 10, claim 10 is directed to a method corresponding to the system recited in claim 3. Claim 10 is similar in scope to claim 3, and is therefore, rejected under similar rationale.
Regarding claim 11, claim 11 is directed to a method corresponding to the system recited in claim 4. Claim 11 is similar in scope to claim 4, and is therefore, rejected under similar rationale.
Regarding claim 12, claim 12 is directed to a method corresponding to the system recited in claim 5. Claim 12 is similar in scope to claim 5, and is therefore, rejected under similar rationale.
Regarding claim 13, claim 13 is directed to a method corresponding to the system recited in claim 6. Claim 13 is similar in scope to claim 6, and is therefore, rejected under similar rationale.
Regarding claim 14, claim 14 is directed to a method corresponding to the system recited in claim 7. Claim 14 is similar in scope to claim 7, and is therefore, rejected under similar rationale.
Regarding claim 15, claim 15 is directed to a device corresponding to the system recited in claim 1. Claim 15 is similar in scope to claim 1, and is therefore, rejected under similar rationale.
Regarding claim 16, in view of claim 15, Honz discloses “further comprising: a receiving input interface that is configured to receive multiplexed classical data and to route the multiplexed classical data to the second port of the circulator; and a receiving output interface that is configured to receive demultiplexed classical data from the multiplexer/demultiplexer and to output the demultiplexed classical data” (Fig. 4: 10 GbE Switch i.e., a “second circulator” of RX side of figure 4; and Page 3589: Col 2: Para 2: lines 11-21, Circulators are used).
Regarding claim 17, claim 17 is directed to a device corresponding to the system recited in claim 3. Claim 17 is similar in scope to claim 3, and is therefore, rejected under similar rationale.
Regarding claim 19, in view of claim 17, Honz discloses “further comprising: a filter that is configured to receive the attenuated multiplexed classical data and quantum key distribution data from the first quantum layer and to pass the attenuated multiplexed classical data and the quantum key distribution data to the receiving output interface” (see Fig. 4; and Page 3589, Col 2: Second paragraph).
Regarding claim 20, in view of claim 19, Honz discloses “wherein the filter is further configured to receive multiplexed classical data and the quantum key distribution data, to filter the quantum key distribution data, to pass the filtered quantum key distribution data, and to output the attenuated multiplexed classical data to a second circulator” (see Fig. 4; and Page 3589, Col 2: Second paragraph).
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 of this title, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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 18 is rejected under 35 U.S.C. 103 as being unpatentable over Honz in view of Dmitrievich et al. (RU 2796653 C1/ or “Dmitrievich” hereinafter).
Regarding claim 18, in view of claim 17, Honz discloses "After levelling up the signal power, an attenuator (A-tx) is used to control the co-existence power of the classical channels" (Page 3590, last column).
But Henz fails to specially disclose “…amplify the attenuated multiplexed classical data, wherein the amplifier increases the aggregated power of the multiplexed classical data…”
However, Dmitrievich discloses “further comprising: an amplifier that is configured to receive the attenuated multiplexed classical data from a second circulator, to amplify the attenuated multiplexed classical data, wherein the amplifier increases the aggregated power of the multiplexed classical data, and to output the amplified multiplexed classical data to a second multiplexer/demultiplexer” (Dmitrievich, Page 5: Para 1).
It would have been obvious to an ordinary person skilled in the art before the effective filing date of the claimed invention to employ the teachings of “…amplify the attenuated multiplexed classical data, wherein the amplifier increases the aggregated power of the multiplexed classical data…” of Dmitrievich in the system of Henz to “… reduces the effect of noise during the joint propagation of a quantum and classical signal…” and the ordinary person skilled in the art would have been motivated to combine “…which leads to a decrease in the influence of nonlinear effects on the joint propagation of classical and quantum signals and, as a result, to an increase in the throughput of the quantum channel” (Dmitrievich, Page 5: Para 1).
Relevant Prior Arts
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Han et al. (US 20200250347 A1) discloses “…first quantum key distribution device is in quantum communication connection with the second quantum key distribution device, the first key control device is communicatively connected with the key storage device and the first quantum key distribution device, respectively, the key storage device is communicatively connected with the first quantum key distribution device, the second key control device is communicatively connected with the data encryption/decryption storage device and the second quantum key distribution device, respectively, the data encryption/decryption storage device and the second quantum key distribution device is communicatively connected” (Para 0009).
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ABDULLAH ALMAMUN whose telephone number is (571) 270-3392. The examiner can normally be reached on 8 AM - 5 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Lynn Feild can be reached on (571) 272-2092. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ABDULLAH ALMAMUN/Examiner, Art Unit 2431
/LYNN D FEILD/Supervisory Patent Examiner, Art Unit 2431
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