CTNF 18/854,128 CTNF 101705 Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Claim Rejections - 35 USC § 102 07-07-aia AIA 07-07 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 – 07-08-aia AIA (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. 07-15-aia AIA Claim(s) 1, 3, 5-8 is/are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Lee (US Pat. App. Pub. 2021/0050915) . Regarding Claims 1 and 7 , Lee teaches A communication device that is a first communication device in an optical communication system including the first communication device (FIG. 5: 571), a second communication device (FIG. 5: 577), and a control device (FIG. 5: 514) that controls opening of an optical path between the first communication device and the second communication device (FIG. 5: 577) , the communication device comprising: a first receiver (FIG. 5: 571) configured to receive a downlink control signal that is an optical signal having a predetermined wavelength transmitted from the control device (FIG. 5: 514); and a second receiver (FIG. 5: 571 (the ROADM is capable of receiving multiple signals as shown by the multiple connections ( see also FIG. 3)) configured to receive a main signal (FIG. 5: 577, 571) that is an optical signal having a wavelength different from the predetermined wavelength transmitted from the second communication device ([0053] (“The path computation may include at least one route for each incoming signal and optionally at least one wavelength associated with each route”)). Regarding Claim 3 , Lee teaches The communication device according to claim 1, further comprising: a first wavelength filter provided in a preceding stage of the first receiver and capable of selectively receiving the optical signal having the predetermined wavelength (FIG. 3: 324); and a second wavelength filter provided in a preceding stage of the second receiver and capable of selectively receiving the optical signal having a wavelength different from the predetermined wavelength (FIG. 3: 326). Regarding Claim 5 , Lee teaches The communication device according to claim 1 wherein the first receiver receives (FIG. 5: 571), before the opening of the optical path ([0097-0098] (describing the setting of a path between ROADMs)), the downlink control signal transmitted from the control device (FIG. 5: 514), the downlink control signal including wavelength switching information indicating the wavelength of the downlink control signal to be received after the opening of the optical path ([0097-0098] (describing the setting of a path between ROADMs)), and performs a setting change to receive the downlink control signal of the wavelength based on the wavelength switching information after the opening of the optical path ( Id. ). Regarding Claim 6 , Lee teaches The communication device according to claim 5, wherein the wavelength included in the wavelength switching information is a wavelength allocated to each of a plurality of the first communication devices so as to be different from each other ([0090] (“Network controller 414 also maintains network-wide routing and wavelength assignment (RWA) information, and uses the RWA information to generate both initial and modified end-to-end paths through WSON 400.”)). Regarding Claim 8 , Lee teaches he optical path opening method according to claim 7, further comprising: transmitting, by the control device, before the opening of the optical path, the downlink control signal to the first communication device, the downlink control signal including wavelength switching information indicating a wavelength of the downlink control signal to be received after the opening of the optical path ([0090] (“Network controller 414 also maintains network-wide routing and wavelength assignment (RWA) information, and uses the RWA information to generate both initial and modified end-to-end paths through WSON 400.”)) . Claim Rejections - 35 USC § 103 07-20-aia AIA 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. 07-21-aia AIA Claim (s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee (US Pat. App. Pub. 2021/0050915) in light of Kawahara (Kawahara H. et. al., Optical Full-mesh Network Technologies Supporting the All Photonics Network , NTT Technical Review, Vol. 18 No. 5 (May 2020)) . Regarding Claim 2 , Lee teaches The communication device according to claim 1, wherein the downlink control signal is an optical signal transmitted through a first communication port of the control device (FIG. 5: 514) before the opening of the optical path ([0097-0098] (describing the setting of a path between ROADMs)), and is an optical signal transmitted through a second communication port of the control device (FIG. 5: 577, 514), the second communication port being different from the first communication port ( Id. (the ROADM is capable of receiving multiple signals through different ports ( see also FIG. 3), Lee does not teach demultiplexed from an optical signal, multiplexed with the main signal and transmitted, after the opening of the optical path Kawahara teaches demultiplexed from an optical signal, multiplexed with the main signal and transmitted, after the opening of the optical path. (p. 26, ¶ 2 (“sending wavelength control instructions from the Ph-GW to user equipment by superposing the management/control signal on the same wavelength as the user signal but in a low-frequency band as an auxiliary management and control channel (AMCC) to prevent interference”); FIG. 1). Before the filing date of the instant application, it would have obvious for a person of ordinary skill in the art to modify Lee to include the technique of integrating the control signal into the main signal as taught by Kawahara . Such a combination would merely be applying a known technique to a known device ready for improvement to yield a predictable result. Lee and Kawahara both relate to optical communication systems and are therefore analogous art . 07-21-aia AIA Claim (s) 3-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee (US Pat. App. Pub. 2021/0050915) in light of Hu (US Pat. App. Pub. 2019/0158940) . Regarding Claim 3 , Lee teaches The communication device according to claim 1. Lee can be combined with Hu to teach comprising: a first wavelength filter provided in a preceding stage of the first receiver and capable of selectively receiving the optical signal having the predetermined wavelength; and a second wavelength filter provided in a preceding stage of the second receiver and capable of selectively receiving the optical signal having a wavelength different from the predetermined wavelength. Hu teaches further comprising: a first wavelength filter provided in a preceding stage of the first receiver and capable of selectively receiving the optical signal having the predetermined wavelength (FIG. 3: 307); and a second wavelength filter provided in a preceding stage of the second receiver and capable of selectively receiving the optical signal having a wavelength different from the predetermined wavelength (FIG. 3: 327). Before the filing date of the instant application, it would have obvious for a person of ordinary skill in the art to connect the output of Lee’s ROADM with Hu’s switching arrangement. Such a combination would merely be combining prior art elements according to known methods to yield predictable results. Lee and Hu both relate to optical communication systems and are therefore analogous art. Regarding Claim 4 , the combination of Lee and Hu teaches The communication device according to claim 3, further comprising: an optical demultiplexer configured to demultiplex an optical signal obtained by multiplexing the main signal transmitted from the second communication device ( Lee , FIG. 3: 326) and the downlink control signal transmitted from the control device ( Id. ), and distribute the optical signal to the first wavelength filter and the second wavelength filter ( Lee , FIG. 3: 350). Before the filing date of the instant application, it would have obvious for a person of ordinary skill in the art to connect the output of Lee’s ROADM with Hu’s switching arrangement. Such a combination would merely be combining prior art elements according to known methods to yield predictable results. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to PAUL M BROCK whose telephone number is (571)272-7257. The examiner can normally be reached 8-4:30pm. 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. 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If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /PAUL MORGAN BROCK/Examiner, Art Unit 2634 May 28, 2026 /KENNETH N VANDERPUYE/Supervisory Patent Examiner, Art Unit 2634 Application/Control Number: 18/854,128 Page 2 Art Unit: 2634 Application/Control Number: 18/854,128 Page 3 Art Unit: 2634 Application/Control Number: 18/854,128 Page 4 Art Unit: 2634 Application/Control Number: 18/854,128 Page 5 Art Unit: 2634 Application/Control Number: 18/854,128 Page 6 Art Unit: 2634 Application/Control Number: 18/854,128 Page 7 Art Unit: 2634
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