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 .
1. This office action, in response to terminal disclaimer and remarks received 1/23/2026, is a non-final office action.
Response to Arguments
2. The terminal disclaimers are disapproved. The applicant cited on the TD must be cited exactly as it is cited on the ADS and or filing receipt and also in its entirety. Punctation should be included if cited. Please correct and re submit the TD. (No new fee required).
3. New rejections of the claims are stated below. This office action is a non-final office action.
Claim Rejections - 35 USC § 103
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.
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.
4. Claims 1-5 and 9-17 are rejected under 35 U.S.C. 103 as being unpatentable over Rakib (US 2015/0172072) in view of Maxson et al (US 2009/0271836).
Regarding claim 1, Rakib discloses a method for communication with radio frequency (RF) amplifiers in a hybrid fiber-coaxial (HFC) network (Title: Virtual converged cable access platform for HFC cable networks.) including a headend, at least one HFC node coupled to the headend with optical fiber, and a coaxial cable distribution network including coaxial cables and a plurality of RF amplifiers coupled to the coaxial cables (Paragraph 0176: the neighborhood CATV system and may also contain various active devices such as amplifiers to boost RF signals.), at least one of the RF amplifiers and/or the at least one node including a transponder and the headend including a gateway device (Figure 10: extended upstream gateway. Figure 10 shows the upstream and downstream data.), comprising:
transmitting downstream primary signals from the headend to the coaxial cable distribution network (Figures 5 and 6 shows the upstream data and downstream data.), wherein the downstream primary signals are amplified by the RF amplifiers (Paragraph 0176: the neighborhood CATV system and may also contain various active devices such as amplifiers to boost RF signals.); and
transmitting upstream primary signals to the headend from the coaxial cable distribution network (Figures 5 and 6 shows the upstream data and downstream data.), wherein the upstream primary signals are amplified by the RF amplifiers (Paragraph 0176: the neighborhood CATV system and may also contain various active devices such as amplifiers to boost RF signals.).
Rakib discloses establishing bi-directional transmissions between at least one of the transponders and the gateway device for transmitting signals. Rakib does not disclose establishing bi-directional transmissions between at least one of the transponders and a portable network communication module for transmitting downstream control signals from the portable network communication device to the at least one of the transponders and/or for transmitting upstream data signals from the at least one of the transponders to the portable network communication device, wherein the bi-directional transmissions use spread-spectrum modulated signals on the coaxial cables together with the downstream and upstream primary signals, wherein the spread-spectrum modulated signals used for the bi-directional transmissions have a lower data rate and less power than the downstream and upstream primary signals and are positioned in frequency relative to the downstream and upstream primary signals such that the bi-directional transmissions occur without detectable interference with the downstream and upstream primary signals.
Maxson discloses a CATV network with direct sequence spread spectrum signals as stated in the abstract. Maxson discloses the present invention relates to the injection of a plurality of direct sequence spread spectrum (DSSS) signals as test signals, defined by a plurality of different center wavelengths, into a cable television network with a handheld testing device at the headend 5 and measuring the power levels of the test signals with receivers at one or more locations 7 throughout the CATV network as stated in paragraph 0022. The injected DSSS test signals are transmitted as such low power, relative to the active services, e.g., cable channels, that the performance impact on the cablevision traffic is negligible (paragraph 0022). Paragraph 0023 discloses testing in the forward path. Paragraph 0024 discloses testing in the return path. Figures 6, 7 and 8 show the test signals relative to the signal traffic.
Maxson discloses establishing bi-directional transmissions between the headend and the other locations for transmitting downstream control signals from the portable network communication device to the at least one of the transponders and/or for transmitting upstream data signals from the at least one of the transponders to the portable network communication device, wherein the bi-directional transmissions use spread-spectrum modulated signals on the coaxial cables together with the downstream and upstream primary signals (paragraph 0022: the present invention relates to the injection of a plurality of direct sequence spread spectrum (DSSS) signals as test signals, defined by a plurality of different center wavelengths, into a cable television network with a handheld testing device at the headend 5 and measuring the power levels of the test signals with receivers at one or more locations 7 throughout the CATV network. Paragraph 0023 discloses testing in the forward path. Paragraph 0024 discloses testing in the return path. These are the two directions of the bidirectional communication.), wherein the spread-spectrum modulated signals used for the bi-directional transmissions have a lower data rate and less power than the downstream and upstream primary signals and are positioned in frequency relative to the downstream and upstream primary signals such that the bi-directional transmissions occur without detectable interference with the downstream and upstream primary signals (Paragraph 0022: The injected DSSS test signals are transmitted as such low power, relative to the active services, e.g., cable channels, that the performance impact on the cablevision traffic is negligible. Paragraphs 0023 and 0024 discloses the data rate of the DSSS signal is swept through a predetermined range of data rates corresponding to the frequency range being tested. That range will include higher and lower data rates. Figures 6, 7 and 8 show the test signals relative to the signal traffic.).
Maxson discloses the present invention relates to testing cable television (CATV networks and using spread spectrum signals in a fully loaded upstream or downstream CATV network to measure frequency response without disrupting active services in paragraph 0002. For these reasons, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of Maxson into the method, system and apparatus of Rakib.
Regarding claim 2, the combination discloses wherein the portable network communication module is connected to a test point in the HFC node (Maxson: Figure 3a. Paragraph 0022: the present invention relates to the injection of a plurality of direct sequence spread spectrum (DSSS) signals as test signals, defined by a plurality of different center wavelengths, into a cable television network with a handheld testing device at the headend 5 and measuring the power levels of the test signals with receivers at one or more locations 7 throughout the CATV network. The portable device is connected at the headend at a test point since that is the point where the test signals are injected.).
Regarding claim 3, the combination discloses further comprising connecting a user interface device to the portable network communications module. (Maxson: paragraphs 0023 and 0024: in use for testing the forward path or the return path, a technician connects the portable transmitter equipment. In one embodiment, the accumulated measurements are communicated back to the transmitting device for display to the user.)
Regarding claim 4, the combination discloses wherein the HFC network is a CATV network, and wherein the downstream primary signals include video and IP data transmitted over a CATV downstream channel spectrum to subscriber devices coupled to the coaxial distribution network (Rakib: Virtual converged cable access platform for HFC cable networks. Paragraph 0176: the neighborhood CATV system and may also contain various active devices such as amplifiers to boost RF signals. Maxson: paragraph 0002: CATV networks and using spread spectrum signals in a fully loaded upstream or downstream CATV network to measure frequency response without disrupting active services.).
Regarding claim 5, the combination discloses wherein the downstream primary signals and the upstream primary signals are modulated using quadrature amplitude modulation (QAM) and multiplexed using orthogonal frequency division multiplexing (OFDM) (Rakib: paragraph 0083: This digitization can be done by various means or by for example demodulating various QAM or OFDM waveforms, determining the underlying QAM or OFDM symbols used to generate the QAM or OFDM waveforms and digitally sending the results. Maxson: 0032: the native QAM signal.).
Regarding claims 9-12, the combination discloses the downstream amplifier control signals and the upstream amplifier control signals are located between channels used for the downstream/upstream primary signals and located below a lowest channel for the downstream/upstream primary signals (Maxson: figures 6, 7, 8: the DSSS signals are shown relative to the traffic signals. The DSSS signals are below the lowest traffic signal and between the traffic signals as shown.).
Regarding claim 13, Rakib discloses a device (Figure 10: extended upstream gateway. Figure 10 shows the upstream and downstream data.) for use in a headend of a hybrid fiber-coaxial (HFC) network including a coaxial cable distribution network (Title: Virtual converged cable access platform for HFC cable networks.), the device comprising: a computing device (Figure 10: extended upstream gateway. Figure 10 shows the upstream and downstream data. Paragraphs 0149, 0272, 0286 and 0319 disclose the computer and processor coupled to the network to carry out the functions of the devices. Figure 6 shows the coupling of the IP backbone to the system.); a gateway processor coupled to the host computer (Figure 10: extended upstream gateway. Figure 10 shows the upstream and downstream data. Paragraphs 0149, 0272, 0286 and 0319 disclose the computer and processor coupled to the network to carry out the functions of the devices.); and at least one gateway transceiver coupled to the gateway processor and configured to transmit downstream signals and to receive upstream data signals (Figures 5 and 6 show the upstream and downstream data.).
Rakib discloses establishing bi-directional transmissions between at least one of the transponders and the gateway device for transmitting signals. Rakib does not disclose the device is a portable network communication module, wherein the downstream control signals and the upstream data signals are spread-spectrum modulated signals capable of being carried on the coaxial cable distribution network together with the downstream and upstream primary signals, wherein the spread-spectrum modulated signals have a lower data rate and less power than the downstream and upstream primary signals and are positioned in frequency relative to the downstream and upstream primary signals such that bi-directional transmission of the spread-spectrum signals occurs without detectable interference with the downstream and upstream primary signals.
Maxson discloses a CATV network with direct sequence spread spectrum signals as stated in the abstract. Maxson discloses the present invention relates to the injection of a plurality of direct sequence spread spectrum (DSSS) signals as test signals, defined by a plurality of different center wavelengths, into a cable television network with a handheld testing device at the headend 5 and measuring the power levels of the test signals with receivers at one or more locations 7 throughout the CATV network as stated in paragraph 0022. The injected DSSS test signals are transmitted as such low power, relative to the active services, e.g., cable channels, that the performance impact on the cablevision traffic is negligible (paragraph 0022). Paragraph 0023 discloses testing in the forward path. Paragraph 0024 discloses testing in the return path. Figures 6, 7 and 8 show the test signals relative to the signal traffic.
Maxson discloses a portable network communication module (paragraph 0022: the present invention relates to the injection of a plurality of direct sequence spread spectrum (DSSS) signals as test signals, defined by a plurality of different center wavelengths, into a cable television network with a handheld testing device at the headend 5 and measuring the power levels of the test signals with receivers at one or more locations 7 throughout the CATV network.), wherein the downstream control signals and the upstream data signals are spread-spectrum modulated signals capable of being carried on the coaxial cable distribution network together with the downstream and upstream primary signals (paragraph 0022: the present invention relates to the injection of a plurality of direct sequence spread spectrum (DSSS) signals as test signals, defined by a plurality of different center wavelengths, into a cable television network with a handheld testing device at the headend 5 and measuring the power levels of the test signals with receivers at one or more locations 7 throughout the CATV network. Paragraph 0023 discloses testing in the forward path. Paragraph 0024 discloses testing in the return path. These are the two directions of the bidirectional communication.), wherein the spread-spectrum modulated signals have a lower data rate and less power than the downstream and upstream primary signals and are positioned in frequency relative to the downstream and upstream primary signals such that bi-directional transmission of the spread-spectrum signals occurs without detectable interference with the downstream and upstream primary signals (Paragraph 0022: The injected DSSS test signals are transmitted as such low power, relative to the active services, e.g., cable channels, that the performance impact on the cablevision traffic is negligible. Paragraphs 0023 and 0024 discloses the data rate of the DSSS signal is swept through a predetermined range of data rates corresponding to the frequency range being tested. That range will include higher and lower data rates. Figures 6, 7 and 8 show the test signals relative to the signal traffic.).
Maxson discloses the present invention relates to testing cable television (CATV networks and using spread spectrum signals in a fully loaded upstream or downstream CATV network to measure frequency response without disrupting active services in paragraph 0002. For these reasons, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of Maxson into the method, system and apparatus of Rakib.
Regarding claim 14, the combination discloses further comprising connecting a user interface device to the portable network communications module. (Maxson: paragraphs 0023 and 0024: in use for testing the forward path or the return path, a technician connects the portable transmitter equipment. In one embodiment, the accumulated measurements are communicated back to the transmitting device for display to the user.)
Regarding claim 15, the combination discloses wherein the at least one gateway transceiver is configured to transmit and receive signals via a test point in the HFC node (Maxson: Figure 3a. Paragraph 0022: the present invention relates to the injection of a plurality of direct sequence spread spectrum (DSSS) signals as test signals, defined by a plurality of different center wavelengths, into a cable television network with a handheld testing device at the headend 5 and measuring the power levels of the test signals with receivers at one or more locations 7 throughout the CATV network. The portable device is connected at the headend at a test point since that is the point where the test signals are injected.).
Regarding claim 16, the combination disclose a power source for powering the computing device, the gateway processor and the at least one gateway transceiver (It is inherent that the components of the device receive power from a power source. A power source is inherently required to provide power to the elements of the device for the elements of the device to operate.).
Regarding claim 17, the combination discloses wherein the portable network communication module is configured to be connected to a test point in an HFC node of the HFC network (Maxson: Figure 3a. Paragraph 0022: the present invention relates to the injection of a plurality of direct sequence spread spectrum (DSSS) signals as test signals, defined by a plurality of different center wavelengths, into a cable television network with a handheld testing device at the headend 5 and measuring the power levels of the test signals with receivers at one or more locations 7 throughout the CATV network. The portable device is connected at the headend at a test point since that is where the signals are injected.), and wherein the computing device is configured to collect and store information from RF amplifiers downstream from the HFC node in the HFC network and configured to format commands to be sent to the RF amplifiers downstream from the HFC node in the HFC network (Maxson: Figure 3a. Figure 5. Paragraph 0022: the present invention relates to the injection of a plurality of DSSS signals as test signals into a cable television network with a hand held testing device. The receivers 7 include an RF input and some form of signal processor. The processor will inherently include a memory for executing commands. For testing the return path, the receiver 7 would be in the head end while the transmitters 3 would be positioned at various locations throughout the network. Paragraph 0029: a handheld testing device 21 can include the transmitter equipment and/or the receiver equipment 7 along with a display screen and a control processor. The displayed information will be store prior to and during the displaying of that information.).
5. Claims 6-8 and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Rakib (US 2015/0172072) in view of Maxson et al (US 2009/0271836) further in view of Woytowitz (US 2021/0360884).
Regarding claims 6 and 18, the combination discloses the method and system stated above. The combination discloses the DSSS signals are modulated using CDMA (Maxson: abstract, paragraph 0030: DSSS signals, of which code division multiple access (CDMA) signals are a subset.). The combination does not disclose wherein the spread-spectrum modulated signals are modulated using Gaussian frequency shift keying (GFSK).
Woytowitz discloses a method and system where the wireless links utilize a LoRa transceiver employing spread spectrum modulation based on chirp spread spectrum (CSS) technology (paragraph 0077). The use of a LoRa transceiver will represent the use of a LoRa wide area network in that the transceiver will be but one component in a larger system/network. Paragraph 0077 further discloses this is a wideband radio system and is more robust to noise and in-band interference. CSS is somewhat resistant to multi-path fading, Doppler effects and nearby interference. Paragraph 0078 discloses on occasions where higher data rates may be used, other modulation systems may be used such as GFSK (Gaussian Frequency Shift Keying). For the reasons stated above, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of Woytowitz into the method, system, apparatus and device of the combination of Rakib and Maxson.
Regarding claims 7 and 19, the combination of Rakib and Maxson discloses the method and system stated above. The combination discloses the DSSS signals are modulated using CDMA (Maxson: abstract, paragraph 0030: DSSS signals, of which code division multiple access (CDMA) signals are a subset.). The combination does not disclose wherein the spread-spectrum modulated signals are chirp spread spectrum (CSS) modulated signals.
Woytowitz discloses a method and system where the wireless links utilize a LoRa transceiver employing spread spectrum modulation based on chirp spread spectrum (CSS) technology (paragraph 0077). The use of a LoRa transceiver will represent the use of a LoRa wide area network in that the transceiver will be but one component in a larger system. Paragraph 0077 further discloses this is a wideband radio system and is more robust to noise and in-band interference. CSS is somewhat resistant to multi-path fading, Doppler effects and nearby interference. Paragraph 0078 discloses on occasions where higher data rates may be used, other modulation systems may be used such as GFSK (Gaussian Frequency Shift Keying). For the reasons stated above, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of Woytowitz into the method, system, apparatus and device of the combination of Rakib and Maxson.
Regarding claims 8 and 20, the combination discloses the method and system stated above. The combination discloses the DSSS signals are modulated using CDMA (Maxson: abstract, paragraph 0030: DSSS signals, of which code division multiple access (CDMA) signals are a subset.). The combination does not disclose wherein the spread-spectrum modulated signals are generated in accordance with the LoRaWAN specification.
Woytowitz discloses a method and system where the wireless links utilize a LoRa transceiver employing spread spectrum modulation based on chirp spread spectrum (CSS) technology (paragraph 0077). The use of a LoRa transceiver will represent the use of a LoRa wide area network in that the transceiver will be but one component in a larger system/network. Paragraph 0077 further discloses this is a wideband radio system and is more robust to noise and in-band interference. CSS is somewhat resistant to multi-path fading, Doppler effects and nearby interference. Paragraph 0078 discloses on occasions where higher data rates may be used, other modulation systems may be used such as GFSK (Gaussian Frequency Shift Keying). For the reasons stated above, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of Woytowitz into the method, system, apparatus and device of the combination of Rakib and Maxson.
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.
6. Claims 1, 2, 4-13 and 15-20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-22 of copending Application No. 18/437,607 in view of Yeung et al (US 2024/0214820.)
Regarding claim 1, the reference discloses the method comprising the steps of transmitting downstream primary signals and transmitting upstream primary signals and establishing bi-directional transmissions as stated in claim 1. The limitations are the same as the limitations of the instant claims.
The reference does not disclose connecting a portable network communication module to the HFC node. The reference discloses the gateway device is coupled to the HFC node and carries out the transmissions as recited.
Yeung discloses the communication system shown in figure 1A. The system comprises a portable gateway 103. The abstract discloses further information regarding the portable gateway.
It would have been obvious for one of ordinary skill in the art before the effective date of the invention to combine the use of a portable gateway as taught by Yeung into the communication system and method of the reference. The reference use a gateway but does not state that gateway is portable. By making components portable, the functionality and capability of the system can be expanded and improved, making the system more effective.
Regarding claim 2, the gateway of the reference is connected to test points in the HFC node to allow for the capability recited in claim 1 to be realized.
Regarding claim 4, the reference disclose the recited features in claim 2.
Regarding claim 5, the reference disclose the recited features in claim 3.
Regarding claim 6, the reference disclose the recited features in claim 4.
Regarding claim 7, the reference disclose the recited features in claim 5.
Regarding claim 8, the reference disclose the recited features in claim 6.
Regarding claim 9, the reference disclose the recited features in claim 7.
Regarding claim 10, the reference disclose the recited features in claim 8.
Regarding claim 11, the reference disclose the recited features in claim 9.
Regarding claim 12, the reference disclose the recited features in claim 10.
Regarding claim 13, the reference discloses the module comprising the computing device, gateway processor and at least one gateway transceiver as stated in claim 11. The limitations are the same as the limitations of the instant claims.
The reference does not disclose connecting a portable network communication module to the HFC node. The reference discloses the gateway device is coupled to the HFC node and carries out the transmissions as recited.
Yeung discloses the communication system shown in figure 1A. The system comprises a portable gateway 103. The abstract discloses further information regarding the portable gateway.
It would have been obvious for one of ordinary skill in the art before the effective date of the invention to combine the use of a portable gateway as taught by Yeung into the communication system and method of the reference. The reference use a gateway but does not state that gateway is portable. By making components portable, the functionality and capability of the system can be expanded and improved, making the system more effective.
Regarding claim 15, the gateway of the reference is connected to test points in the HFC node to allow for the capability recited in claim 11 to be realized. The host computer will inherently include a memory for collecting and storing data.
Regarding claim 16, the components of the reference are inherently powered and therefore coupled to a power source. Powering the components are required for the components to function.
Regarding claim 17, the reference discloses the physical communication medium includes a HFC network as stated in claim 24. In the combination, the gateway of the reference is connected to test points in the HFC node to allow for the capability recited in claim 17 to be realized. The components will inherently include a memory for collecting and storing data.
Regarding claim 18, the reference disclose the recited features in claim 13.
Regarding claim 19, the reference disclose the recited features in claim 14.
Regarding claim 20, the reference disclose the recited features in claim 15.
This is a provisional nonstatutory double patenting rejection.
7. Claims 3 and 14 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-22 of copending Application No. 18/437,607 in view of Yeung et al (US 2024/0214820) further in view of Radford et al (US 2015/0288589).
Regarding claim 3 and 14, the combination of the reference and Yeung discloses the method and module stated above. The combination does not disclose the computing device is configured to communicate wirelessly with a user interface device.
Radford discloses a portable test apparatus for testing a commodity, the commodity comprising a cable modem, router and/or set top box, wherein the commodity is configured to connection to a cable network as stated in the abstract. Paragraph 0141 discloses the portable test apparatus 10 further comprises a plurality of external ports 42 and a wireless network interface 44. This wireless interface will communicate wirelessly with a user interface device.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to include the format of the portable device to include a wireless connection to additional user devices as taught by Radford into the method and module of the combination of the reference and Yeung. This will allow more users to access the information from the module to further distribute the information or to make decisions on the data, improving the function of the network.
This is a provisional nonstatutory double patenting rejection.
8. Claims 1, 2, 4-13 and 15-20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-24 of copending Application No. 18/437,594 in view of Yeung et al (US 2024/0214820).
Regarding claim 1, the reference discloses the method comprising the steps of transmitting downstream primary signals and establishing bi-directional transmissions as stated in claim 1. The reference discloses the method comprising the steps of transmitting upstream primary signals and establishing bi-directional transmissions as stated in claim 2. The reference discloses the network is a HFC network comprising a headend including a gateway device, RF amplifiers and the medium includes optical fiber and coaxial cable as stated in claims 9-14.
The reference does not disclose connecting a portable network communication module to the HFC node. The reference discloses the gateway device is coupled to the HFC node and carries out the transmissions as recited.
Yeung discloses the communication system shown in figure 1A. The system comprises a portable gateway 103. The abstract discloses further information regarding the portable gateway.
It would have been obvious for one of ordinary skill in the art before the effective date of the invention to combine the use of a portable gateway as taught by Yeung into the communication system and method of the reference. The reference use a gateway but does not state that gateway is portable. By making components portable, the functionality and capability of the system can be expanded and improved, making the system more effective.
Regarding claim 2, in the combination, the gateway of the reference is connected to test points in the HFC node to allow for the capability recited in claim 1 to be realized.
Regarding claim 4, the reference disclose the recited features in claim 12.
Regarding claim 5, the reference disclose the recited features in claim 5.
Regarding claim 6, the reference disclose the recited features in claim 6.
Regarding claim 7, the reference disclose the recited features in claim 7.
Regarding claim 8, the reference disclose the recited features in claim 8.
Regarding claim 9, the reference disclose the recited features in claim 16.
Regarding claim 10, the reference disclose the recited features in claim 16.
Regarding claims 11 and 12, the reference disclose the spread spectrum signals are positioned in frequency out of band relative to the downstream signals in claim 16. These signals will either be above the highest frequency used by the primary signals or below the lowest frequency used by the primary signals. The spread spectrum signals could also be between the primary signals when the primary signals appear in different frequency bands. This will prevent interference in with the primary signals. It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to send signals out of band with other transmitted signals as taught by the reference to prevent interference and improve the quality of the signals to be received.
Regarding claim 13, the reference discloses a system comprising network devices that are computing devices, a gateway device that includes a processor since signals to be transmitted or received are processed as well as a gateway transceiver. The components include the conveying the spread spectrum modulated signals as stated in claim 17. The reference discloses transmitting the upstream primary signals as stated in claim 18.
The reference does not disclose connecting a portable network communication module to the HFC node. The reference discloses the gateway device is coupled to the HFC node and carries out the transmissions as recited.
Yeung discloses the communication system shown in figure 1A. The system comprises a portable gateway 103. The abstract discloses further information regarding the portable gateway.
It would have been obvious for one of ordinary skill in the art before the effective date of the invention to combine the use of a portable gateway as taught by Yeung into the communication system and method of the reference. The reference use a gateway but does not state that gateway is portable. By making components portable, the functionality and capability of the system can be expanded and improved, making the system more effective.
Regarding claim 15, the reference discloses the physical communication medium includes a HFC network as stated in claim 24. In the combination, the gateway of the reference is connected to test points in the HFC node to allow for the capability recited in claim 17 to be realized.
Regarding claim 16, the components of the reference are inherently powered and therefore coupled to a power source. Powering the components are required for the components to function.
Regarding claim 17, the reference discloses the physical communication medium includes a HFC network as stated in claim 24. In the combination, the gateway of the reference is connected to test points in the HFC node to allow for the capability recited in claim 17 to be realized. The components will inherently include a memory for collecting and storing data.
Regarding claim 18, the reference disclose the recited features in claim 20.
Regarding claim 19, the reference disclose the recited features in claim 21.
Regarding claim 20, the reference disclose the recited features in claim 22.
This is a provisional nonstatutory double patenting rejection.
9. Claims 3 and 14 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-22 of copending Application No. 18/437,594 in view of Yeung et al (US 2024/0214820) further in view of Radford et al (US 2015/0288589).
Regarding claims 3 and 14, the combination of the reference and Yeung discloses the method and module stated above. The combination does not disclose the computing device is configured to communicate wirelessly with a user interface device.
Radford discloses a portable test apparatus for testing a commodity, the commodity comprising a cable modem, router and/or set top box, wherein the commodity is configured to connection to a cable network as stated in the abstract. Paragraph 0141 discloses the portable test apparatus 10 further comprises a plurality of external ports 42 and a wireless network interface 44. This wireless interface will communicate wirelessly with a user interface device.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to include the format of the portable device to include a wireless connection to additional user devices as taught by Radford into the method and module of the combination of the reference and Yeung. This will allow more users to access the information from the module to further distribute the information or to make decisions on the data, improving the function of the network.
This is a provisional nonstatutory double patenting rejection.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN M. BURD whose telephone number is (571)272-3008. The examiner can normally be reached 9:30 - 5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chieh Fan can be reached at 571-272-3042. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KEVIN M BURD/Primary Examiner, Art Unit 2632 4/20/2026
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