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 .
DETAILED ACTION
1. This communication is response to the application filed 03/17/2025 havingclaims 1-20 pending and presented for examination.
Priority
2. Application filed on 08/01/2024 is a is a 371 of PCT/US2022/035769 06/30/2022
PCT/US2022/035769 has PRO 63/217,048 06/30/2021 PCT/US2022/035769 has PRO 63/217,065 06/30/2021 are acknowledged.
Drawings
3. The drawings were received on 08/01/2024 and these drawings are accepted.
4. Information Disclosure Statement
The information disclosure statement (IDS) submitted on 08/01/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Oath/Declaration
4. The Oath/Declaration filed on 08/01/2024 is accepted by the examiner.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
14. Claim(s) 1 is/are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter because: claim 1 is drawn to a machine (i.e., device), but there are no elements/parts/devices that makes up the machine (the device), associate hardware such as memory, cpu to the device by reciting device comprising: memory.
Claim Rejections - 35 USC § 102
1. 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 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.
2. 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.
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.
(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.
Claims 1-14, 17-18 are rejected under 35 U.S.C. 102 (a)(1) OR 102 (a)(2) as being anticipated by US Publication US 20210314649 A1 VEYSEH et al. (Hereinafter “VEYSEH ").
As per claim 1, VEYSEH teaches a device capable of propagating at a northbound port a downstream signal occupying a first frequency spectrum and an upstream signal occupying a second frequency spectrum that partially overlaps that of the downstream signal over an overlapping spectrum (para 0044], fig 1, device is propagating through the port downstream and upstream spectrum wherein the occupying upstream and downstream frequency overlaps a portion and partially overlaps that of the downstream signal over an overlapping spectrum), the device having a plurality of southbound ports each independently operable to select whether to propagate an upstream signal in the overlapping spectrum or a downstream signal in the overlapping spectrum (para 0026]0044], the device comprises plurality of ports each is an independent port selecting signal from network and propagate upstream signal in the overlapping spectrum or a downstream signal in the overlapping spectrum from network to clients or other side). 20210314649
As per claim 2, VEYSEH teaches the device of claim 1 receiving a downstream signal in the first frequency spectrum having a portion of the first frequency spectrum not in the overlapping spectrum that includes content delivered to subscribers through the southbound ports using the overlapping spectrum (para 0044, fig 2b, portion of the spectrum includes frequency spectrum having a portion of the first frequency spectrum not in the overlapping spectrum and content delivered to subscribers through the southbound ports using the overlapping spectrum).
As per claim 3, VEYSEH teaches the device of claim 2 configured to selectively down-convert the portion of the first frequency spectrum to the range of the overlapping spectrum ((para 0044], fig 1, converting the portion of the first frequency spectrum to the range of the overlapping spectrum ).
As per claim 4, VEYSEH teaches the device of claim 3 where each southbound port has a respectively associated first switch operable to selectively connect to, or disconnect from, an amplifier that amplifies the down-converted portion of the overlapping spectrum (para 0034, selectively connect to amplifies down-converted portion of the overlapping spectrum ).
As per claim 5, VEYSEH teaches the device of claim 6 where the first switch is operable to selectively connect to a second switch capable of amplifying an upstream signal when the first switch is not connected to the amplifier that amplifies the down-converted portion (para 0040, operable to selectively connect to a second switch capable of amplifying an upstream signal and when the to the amplifier that amplifies the down-converted portion ).
As per claim 6, VEYSEH teaches the device of claim 1 having a first switch capable of selectively and alternately amplifying a respective one of an upstream signal and a downstream signal (para 0040], ampliefier 204 are capable of amplifying a respective one of an upstream signal and a downstream signal).
As per claim 7, VEYSEH teaches the device of claim 6 having at least one second switch selectively connectable to and disconnectable from the first switch (para 0040], second switch such as access devices are connected or disconnected from the network).
As per claim 8, VEYSEH teaches a hybrid-fiber coaxial (HFC) network configured for soft duplex operation having an overlapping spectrum shared between downstream and upstream transmissions, the network comprising: a first amplifier having a plurality of southbound ports each independently operable to select whether to propagate an upstream signal in the overlapping spectrum or a downstream signal in the overlapping spectrum (para 0040], 0044], HFC network configuration having one of the amplifier comprises of ports operable to select whether to propagate an upstream signal in the overlapping spectrum or a downstream signal in the overlapping spectrum); and a second amplifier having a plurality of southbound ports, each jointly operable to select, for all of the plurality of southbound ports, whether to propagate an upstream signal in the overlapping spectrum or a downstream signal in the overlapping spectrum(para 0040], 0044], one of the amplifier having plurality of ports each is an independent port selecting signal from network and propagate upstream signal in the overlapping spectrum or a downstream signal in the overlapping spectrum from network to clients or otherside).
As per claim 9, VEYSEH teaches the HFC network of claim 8 where the first amplifier and the second amplifier are both located in the RF portion of the HFC network ((para 0040], plurality of amplifiers located in the RF portion of the HFC network).
As per claim 10, VEYSEH teaches the HFC network of claim 9 where the HFC network is an N+x network, x representing hierarchical levels of amplifiers after the last node, and where x is greater than one (para 0040], fig.1, HFC network comprises hierarchical network x is than one having hierarchical levels of amplifiers after the last node, ).
As per claim 11, VEYSEH teaches the HFC network of claim 10 where the first amplifier and the second amplifier are at different levels of the network ((para 0040], first amplifier and the second amplifier are at different levels of the network).
As per claim 12, VEYSEH teaches the HFC network of claim 10 having a plurality of first amplifiers and a plurality of second amplifiers, each of the plurality of first amplifiers at the same hierarchical level of the network ((para 0040], first amplifiers and a plurality of second amplifiers, each of the plurality of first amplifiers at the same hierarchical level of the network).
As per claim 13, VEYSEH teaches the HFC network of claim 10 where all amplifiers at a first hierarchical level are first amplifiers and all amplifiers at a second hierarchical level are second amplifiers (para 0040], first and second amplifier are associated with hierarchical having plurality of amplifiers ).
As per claim 14, VEYSEH teaches the HFC network of claim 13 where the first hierarchical level is less than the second hierarchical level (para 0040], the first hierarchical level is less than the second hierarchical level ).
As per claim 17, VEYSEH teaches a method of upgrading a hybrid-fiber coaxial (HFC) network configured for soft duplex operation having an overlapping spectrum shared between downstream and upstream transmissions, the method comprising: selecting a first amplifier in the network, the first amplifier one of a plurality of amplifiers each having a respective plurality of southbound ports, each amplifier jointly operable to select, for all of the plurality of southbound ports, whether to propagate an upstream signal in the overlapping spectrum or a downstream signal in the overlapping spectrum ((para 0040], 0044], Node 214 selecting first amplifier from plurality of amplifiers in a cascaded amplifiers as well as from first amplifier one of a plurality of amplifiers each having a respective plurality of southbound ports and whether to propagate an upstream signal in the overlapping spectrum or a downstream signal in the overlapping spectrum); upgrading the first amplifier to be operable in mixed mode such that it has its respective plurality of southbound ports each independently operable to select whether to propagate an upstream signal in the overlapping spectrum or a downstream signal in the overlapping spectrum (para 0040], 0044], each amplifier in the HFC network having connectivity for upstream and downstream transmission from the clients and network, wherein its respective plurality of southbound ports each independently operable to select whether to propagate an upstream signal in the overlapping spectrum or a downstream signal in the overlapping spectrum).
As per claim 18, VEYSEH teaches the method of claim 17 where the HFC network is an N+x network, x representing hierarchical levels of amplifiers after the last node, and where x is greater than one (para 0040], fig.1, HFC network comprises hierarchical network x is than one having hierarchical levels of amplifiers after the last node, )..
Claim Rejections - 35 USC § 103
1. 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 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.
2. 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.
3. 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.
4. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
5. Claim(s) 15-16, 19-23 is/are rejected under 35 U.S.C. 103 as being unpatentable over VEYSEH further view of US PG Pub US 20190190684 A1 to Bowler et al (hereinafter Bowler).
As per claim 15, VEYSEH teaches the HFC network of claim 8 Bowler teaches where each southbound port of the first amplifier is associated with a different transmission group(para [0027] , amplifier 104-2 splits its ports into different transmission groups in 112-12 and 112-13).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date, to modify the combination system of VEYSEH by where each southbound port of the first amplifier is associated with a different transmission group as suggested by Bowler, this modification would benefit VEYSEH for efficient data transmission in a wired data transmission network .
As per claim 16, VEYSEH teaches the HFC network of claim 15 Bowler teaches where each southbound port of the second amplifier is associated with a common transmission group(para [0027] , all downstream amplifiers such as 104s connected to each southbound port of the first amplifier are in a single transmission group ).
Examiner supplies the same rationale as supplied in claim 15.
As per claim 19, VEYSEH teaches the method of claim 18, Bowler teaches where the first amplifier is selected to be upgraded based on its level in the hierarchy ((para [0027] , amplifier is selected to be upgraded based on its level in the hierarchy ).
Examiner supplies the same rationale as supplied in claim 15.
As per claim 20, VEYSEH teaches the method of claim 19 Bowler teaches where the first amplifier is selected based on its being an amplifier located at a level in the hierarchy prior to any other level in the hierarchy consisting only of amplifiers not operable in mixed mode (para [0027] , irst amplifier is selected based on its being an amplifier located at a level in the hierarchy prior to any other level in the hierarchy consisting only of amplifiers not operable in mixed mode)..
Examiner supplies the same rationale as supplied in claim 15.
As per claim 21, VEYSEH teaches the method of claim 19 Bowler teaches where the first amplifier is selected based on its being an amplifier located at a level in the hierarchy after another level in the hierarchy consisting only of amplifiers operable in mixed mode ((para [0027] , selected based on its being an amplifier located at a level in the hierarchy after another level in the hierarchy consisting only of amplifiers operable in mixed mode ).
Examiner supplies the same rationale as supplied in claim 15.
As per claim 22, VEYSEH teaches the method of claim 17 Bowler teaches where the first amplifier is selected to split its southbound ports into different transmission groups (para [0027] , amplifier 104-2 splits its ports into different transmission groups in 112-12 and 112-13)
Examiner supplies the same rationale as supplied in claim 15.
As per claim 23, VEYSEH teaches the method of claim 22 Bowler teaches where all downstream amplifiers connected to each southbound port of the first amplifier are in a single transmission group (para [0027] , all downstream amplifiers such as 104s connected to each southbound port of the first amplifier are in a single transmission group ).
Examiner supplies the same rationale as supplied in claim 15.
Conclusion
Prior arts made of record, not relied upon: US Patent Publication US 20210337391 A1; US Patent Publication US 20180205490 A1, US Patent Publication US 20190372818 A1
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANEZ EBRAHIM whose telephone number is (571)270-7153. The examiner can normally be reached on M-F 8 AM to 5 PM If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Hassan Phillips can be reached on (571) 272-3940. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ANEZ C EBRAHIM/Primary Examiner, Art Unit 2467
Prosecution Insights