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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Rejections - 35 USC § 112 – Scope of Enablement
The following is a quotation of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), first paragraph:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-15 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, because the specification, while being enabling for a limited scope based on the teachings in the application, does not reasonably provide enablement for the full scope recited in the claims. The specification does not enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the invention commensurate in scope with these claims.
MPEP 2164.08 states: “The Federal Circuit has repeatedly held that ‘the specification must teach those skilled in the art how to make and use the full scope of the claimed invention without ‘undue experimentation’.” In re Wright, 999 F.2d 1557, 1561, 27 USPQ2d 1510, 1513 (Fed. Cir. 1993).
Teachings of the Application and Scope of the Claims.
The application at FIG. 1 illustrates an optical communication system including a transmitter 100, optical spans SP#1-5, a receiver 200, and a monitor 300.
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Claim 1 recites a “transmission path monitoring apparatus” that appears to be the “optical transmission path monitoring apparatus” 300 in FIG. 1. FIG. 4 illustrates details of the optical transmission path monitoring apparatus 300 showing that the monitor 300 includes memory 310 and a processor 320.
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Claim 1 recites a memory and processor, and the processor is “configured to generate predetermined information”. The application teaches that the path monitoring apparatus 300 generates a “power profile” which is “predetermined information”. See:
[0039] After acquiring the electric field signal and the demodulated data, the optical transmission path monitoring apparatus 300 generates a power profile including optical powers of the optical signal at a plurality of positions over the optical transmission path 50 based on the electric field signal and the demodulated data. The power profile is an example of predetermined information and may represent the characteristics of the optical transmission path 50. As long as the power profile may be accurately generated, the optical transmission path monitoring apparatus 300 may accurately calculate a wavelength dispersion coefficient to be used for estimating a fiber type of the optical fiber based on the power profile.
This supports an interpretation that claim 1 is directed to the optical transmission path monitoring apparatus 300 illustrated in FIG. 4.
FIG. 4 illustrates that the processor 320 includes a transmission electric field restoration unit 321, a profile generation unit 322, a span detection unit 323, and a dispersion coefficient calculation unit 324 to achieve these results. Claim 1, in contrast, recites a processor but does not require any of the “units” taught in FIG. 4, resulting in claim 1 having a scope that is broader than the teachings of the application.
The application teaches that the “units” in the processor represent a program that is executed by the processor. See:
[0049] The processor 320 includes a transmission electric field restoration unit 321, a profile generation unit 322, a span detection unit 323, and a dispersion coefficient calculation unit 324. The transmission electric field restoration unit 321, the profile generation unit 322, the span detection unit 323, and the dispersion coefficient calculation unit 324 are realized by the processor 320 executing a program corresponding to flowcharts to be described later.
Claim 1 recites producing results (e.g., line 7: “configured to generate predetermined information ...”) but does not require any particular algorithm or programming for achieving those results. Therefore, claim 1 has a broad scope that includes any algorithm or programming or configuration for achieving the results.
The units of the processor 300 taught in the application will be summarized as an overview of the teachings of the application. Regarding the transmission electric field restoration unit 321, see:
[0050] Based on the demodulated data output from the optical reception apparatus 200, the transmission electric field restoration unit 321 generates, as a reference signal, an electric field signal similar to the electric field signal generated by the optical transmission apparatus 100 based on the transmission data. For example, the reference signal is substantially the same as the electric field signal for generating the optical signal in the optical transmission apparatus 100. For example, as illustrated in FIG. 5B, the transmission electric field restoration unit 321 generates the reference signal by mapping symbols 20 corresponding to the demodulated data over the constellation map. After generating the reference signal, the transmission electric field restoration unit 321 outputs the reference signal to the profile generation unit 322. The reference signal is an example of a specific signal.
The profile generation unit 322 uses the output of the transmission electric field restoration unit 321 to generate a power profile:
[0051] The profile generation unit 322 generates the power profile based on the electric field signal and the reference signal. After generating the power profile, the profile generation unit 322 outputs the power profile to the span detection unit 323. Details of the profile generation unit 322 will be described later.
FIG. 6 illustrates the algorithm/programming/configuration of the profile generation unit 322 to achieve this result.
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In other words, the profile generation unit 322 includes a number of units that produce a first error, a second error, and a total error, which are processed to produce the power profile (i.e., the predetermined information; see [0039]). See also:
[0056] First, as illustrated in FIG. 6, the profile generation unit 322 includes a distribution estimation unit 350, a first error calculation unit 360, a second error calculation unit 370, and a total error calculation unit 380. The distribution estimation unit 350 is an example of a generation unit and an update unit, and estimates a nonlinear phase rotation amount distribution based on the electric field signal and the reference signal. For example, as illustrated in FIG. 7, the distribution estimation unit 350 estimates a nonlinear phase rotation amount distribution 31 based on the electric field signal, the reference signal, and an estimation algorithm for estimating the nonlinear phase rotation amount distribution from the electric field signal and the reference signal. For example, Takeo Sasai et al., “Proposal of Linear Least Squares for Fiber-Nonlinearity-Based Longitudinal Power Monitoring in Multi-Span Link”, 2022 27th OptoElectronics and Communications Conference (OECC) and 2022 International Conference on Photonics in Switching and Computing (PSC), Toyama, Japan, August. 2022, Takeo Sasai et al., “0.77-dB Anomaly Loss Localization Based on DSP-Based Fiber-Longitudinal Power Estimation Using Linear Least Squares”, 2023 Optical Fiber Communications Conference and Exhibition (OFC), San Diego, CA, USA, May. 2023, and Inwoong Kim et al., “Robust Longitudinal Power Profile Estimation in Optical Networks using MMSE with Complex Scaling Factor”, Optical Fiber Communication Conference 2023, San Diego, CA, USA, March. 2023 may be referred to for the estimation algorithm.
See further discussion of the algorithms in [0057]-{0085]. Of particular note, FIG. 10 illustrates the data storage unit 373 in the second error calculation unit 370 of FIG. 6.
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This is taught as follows:
[0074] As illustrated in FIG. 10, loss coefficient data DT1, dispersion data DT2, and span length data DT3 are stored in advance in the data storage unit 373. In a case where the optical amplifier 51A, the optical amplifier 52A, or the like is provided in the optical transmission path 50, amplification data including a position and an amplification amount of the optical amplifier 51A, the optical amplifier 52A, or the like may be stored in the data storage unit 373.
[0075] The loss coefficient data DT1 include a loss coefficient at each position from the optical transmission apparatus 100 to the optical reception apparatus 200. For example, the loss coefficient data DT1 includes, as the loss coefficient, a transmission loss of 0.2 dB/km at each position. The loss coefficient is determined in advance based on a system design value of the optical transmission system ST.
[0076] The dispersion data DT2 includes a total wavelength dispersion amount from the optical transmission apparatus 100 to the optical reception apparatus 200. The total wavelength dispersion amount is measured and determined in advance. For example, the dispersion data DT2 includes a total wavelength dispersion amount “6800” (ps/nm). The span length data DT3 includes a length (or a distance) of each span, a total path length, and the like. For example, the span length data DT3 includes the length “100” (km) of each of the plurality of spans SP #1, . . . , and SP #5 and the total path length “500” (km).
[0077] Based on these pieces of data and Expression (1) below, the differential error calculation unit 372 calculates a differential amount reference value (dB/(ps/nm)).
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[0078] α represents a loss coefficient (dB/km) at each position. D represents a total wavelength dispersion amount (ps/nm). L represents a total path length (km).
[0079] For example, the differential error calculation unit 372 calculates-0.0147 (dB/(ps/nm)) as the differential amount reference value. A minus sign is given to the loss coefficient when the differential error calculation unit 372 calculates the differential amount reference value in consideration of the fact that the loss coefficient represents the loss. Thus, in FIG. 9, a differential amount reference value RV is illustrated near the differential amount “0” of the nonlinear phase rotation amount q. By using such a differential amount reference value RV, the differential error calculation unit 372 calculates the differential error between the differential amount calculated by the differential amount calculation unit 371 and the differential amount reference value, and outputs, as the second error, the calculated differential error to the total error calculation unit 380.
The programming/algorithm of the total calculation unit 380 is discussed at [0080]-[0082].
The application teaches that the span detection unit 323 is an algorithm/programming that uses the output of the profile generation unit 322:
[0052] Based on the power profile output from the profile generation unit 322, the span detection unit 323 detects the plurality of spans SP #1, . . . , and SP #5 included in the optical transmission path 50. For example, based on each of a plurality of peaks appearing in the power profile and peaks adjacent to each peak, the span detection unit 323 detects portions between the peaks as the spans SP #1, . . . , and SP #5. After detecting the plurality of spans SP #1, . . . , and SP #5, the span detection unit 323 outputs the plurality of detected spans SP #1, . . . , and SP #5 to the dispersion coefficient calculation unit 324.
The dispersion coefficient calculation unit 324 is an algorithm/programming that uses the output of the span detection unit 323:
[0053] The dispersion coefficient calculation unit 324 calculates a wavelength dispersion amount of each of the plurality of spans SP #1, . . . , and SP #5 output from the span detection unit 323. The wavelength dispersion amount corresponds to a difference between a cumulative wavelength dispersion amount at which a peak appears and a cumulative wavelength dispersion amount adjacent to that cumulative wavelength dispersion amount in the power profile. Based on the wavelength dispersion amount of each of the plurality of spans SP #1, . . . , and SP #5, the dispersion coefficient calculation unit 324 calculates the wavelength dispersion coefficient of each of the plurality of spans SP #1, . . . , and SP #5.
[0054] For example, the dispersion coefficient calculation unit 324 calculates the wavelength dispersion coefficient by dividing a dispersion amount estimated based on the power profile by a span length. The span length of each of the plurality of spans SP #1, . . . , and SP #5 is prepared in advance as span length data. After calculating the wavelength dispersion coefficient, the dispersion coefficient calculation unit 324 outputs the wavelength dispersion coefficient.
In other words, the application teaches the use of particular programming/algorithms in the processor that can be used to achieve the desired results of the present application (e.g., generating the predetermined information). See also FIG. 17 which illustrates an overview of the algorithm/programming with reference to the teachings discussed above.
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See also:
[0097] First, the distribution estimation unit 350 acquires the electric field signal and the reference signal (step S11). After acquiring the electric field signal and the reference signal, the distribution estimation unit 350 estimates the nonlinear phase rotation amount distribution (see FIG. 7) (step S12). After the nonlinear phase rotation amount distribution is estimated, the first error calculation unit 360 calculates the first error (step S13). For example, the signal error calculation unit 364 acquires the electric field signal after the first linear compensation unit 361 compensates for a part of the linear distortion, the nonlinear compensation unit 362 compensates for the nonlinear distortion, and the second linear compensation unit 363 compensates for the remaining part of the linear distortion. After the signal error calculation unit 364 acquires the reference signal, the first error calculation unit 360 calculates the first error by calculating the signal error between the electric field signal after compensation and the reference signal.
[0098] After the first error is calculated, the second error calculation unit 370 calculates the differential amount (step S14) and calculates the second error (step S15). For example, the differential amount calculation unit 371 calculates the differential amount of the nonlinear phase rotation amount, the differential error calculation unit 372 calculates the differential amount reference value, and the second error calculation unit 370 calculates the second error by calculating the differential error between the differential amount and the differential amount reference value.
[0099] After the second error is calculated, the total error calculation unit 380 calculates the total error (step S16). After the total error is calculated, the distribution estimation unit 350 determines whether or not the total error is less than the threshold value (step S17). When the total error is equal to or greater than the threshold value (step S17: NO), the distribution estimation unit 350 updates the nonlinear phase rotation amount distribution (step S18), and repeatedly executes the processing of steps S13 to S17 until the total error becomes less than the threshold value. Accordingly, the nonlinear phase rotation amount distribution is updated such that the total error is less than the threshold value (see FIG. 11). When the total error is less than the threshold value, the distribution estimation unit 350 generates the power profile (step S19), and the generation processing is ended.
[0100] As described above, the optical transmission path monitoring apparatus 300 according to the present embodiment generates the power profile that represents the characteristics of the optical transmission path 50 in the multi-span optical transmission path including the plurality of spans SP #1, . . . , and SP #5. For example, the optical transmission path monitoring apparatus 300 generates the power profile based on not only the signal error described above but also the differential error between the differential amount appearing in the differential amount distribution obtained by differentiating the nonlinear phase rotation amount distribution and the differential amount reference value including the loss coefficient. Since the optical transmission path monitoring apparatus 300 generates the power profile based on such a differential error, the power profile may be generated accurately even though the number of symbols is relatively small.
[0102] For example, by calculating the differential amount reference value using at least one of the position and the amplification amount of the optical amplifier together with the loss coefficient described above, the optical transmission path monitoring apparatus 300 may generate the power profile more accurately.
In contrast, claim 1 recites a desired result of updating the predetermined information based on the first and second errors, but does not recite any algorithms/programming for generating the predetermined information commensurate with the teachings of the application.
In summary, the application teaches how to make and use the inventions using particular structure, materials, and/or steps to implement the functionality and achieve the results, while claim 1 has a much broader scope that recite desired results without structure or steps taught in the application.
Claim 9 is a method claim that corresponds to the operation of claim 1 and with a similarly broad scope (e.g., without steps to make the scope of the method commensurate with the teachings of the application).
Dependent claims 2-8 and 10-15 add additional functionality and use terms such as “configured to” and “based on”. These claims have a broad scope similar to the independent claims.
When considering the teachings of the application and the scope of the claims, see MPEP 2173.05(g), 4th paragraph:
… Further, without reciting the particular structure, materials or steps that accomplish the function or achieve the result, all means or methods of resolving the problem may be encompassed by the claim. Ariad Pharmaceuticals., Inc. v. Eli Lilly & Co., 598 F.3d 1336, 1353, 94 USPQ2d 1161, 1173 (Fed. Cir. 2010) (en banc). Unlimited functional claim limitations that extend to all means or methods of resolving a problem may not be adequately supported by the written description or may not be commensurate in scope with the enabling disclosure, both of which are required by 35 U.S.C. 112(a) and pre-AIA 35 U.S.C. 112, first paragraph. In re Hyatt, 708 F.2d 712, 714, 218 USPQ 195, 197 (Fed. Cir. 1983); Ariad, 598 F.3d at 1340, 94 USPQ2d at 1167. …
This supports a finding that the broad scope of the claims may not be commensurate with the teachings in the disclosure.
No Teaching of a General Case for the Full Scope of the Claims.
The Examiner also notes that there is no teaching of an apparatus or method with the broad scope recited in the claims. In particular, there is no teaching of a general case that can generate predetermined information without the programming/algorithms taught in the application but missing from the claims.
If such a general case were contemplated or discovered by the inventors, its disclosure and a description of its operation would be expected as part of the application in order to support broad claims, such as claims 1 and 9. This is particularly true because, as discussed above, the embodiments that are disclosed in the application require fairly complex and particular structures/programming/algorithms. These structures/programming/algorithms would be unnecessary if a general case had been known by the inventors, and yet the application does not include a disclosure of a general case. This supports a conclusion that the scope of the claims is not commensurate with the teachings of the application.
Other Considerations.
The nature of the invention is optical communication systems and methods. The components used in the various embodiments were known to one of ordinary skill. For example, one or ordinary skill would be familiar with components such as memory, processors, programming/algorithms, and PDs in the context of the invention. Therefore, no teachings of how to make these individual components is required.
The application teaches how to use these elements to implement programming/algorithms in order to achieve the desired results. The algorithms/programming are particular and complex. Nonetheless, one or ordinary skill would know how to make and use the disclosed embodiments of the invention from the teachings of the application.
Furthermore, it would have been obvious that some elements may be modified or replaced with other elements known to have the same or similar functionality, and to make some modifications to the particular structures disclosed.
Similarly, one of ordinary skill would also know how to perform other tasks in the present technological area and related to the invention, such as providing power to components (although power supplies and power specifications are not explicitly taught in the application), and splicing/coupling the electrical and optical components together (although this is not explicitly taught in the application), and managing the temperature of electrical and optical components which are susceptible to performance degradation and undesirable operational variations based on temperature (although this is not explicitly taught in the application), and shielding components from EM interference that can be generated by such devices (although this is not explicitly taught). Although this is not an exhaustive list, the obvious modifications based on the disclosure and the knowledge of one or ordinary skill are nonetheless of a limited scope.
However, these modifications do not address the issues raised above regarding the disparity between the scope of the claims and the teachings of the application.
Experimentation.
As discussed above, the claims recite desired results without the corresponding programming/algorithms taught in the application. This broad scope includes many possible algorithms/programming, and not all possibilities within the scope of the claims will produce the desired results or functions.
As a result, if one of ordinary skill were to attempt to make and use the full scope of the claims, it would require making, testing, or otherwise evaluating a large number of possible algorithms/programming to find what works to perform the desired functionality. This results in a practically unlimited number of embodiments that would need to be made, tested, or otherwise evaluated to determine which embodiments are operative and which are inoperative. In other words, this would require almost infinite experimentation.
This supports a finding that undue experimentation would be required to make and use the full scope of the claims.
Conclusion.
After careful consideration the Examiner has concluded that the specification does not enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the invention commensurate in scope with these claims. In other words, the specification fails to teach those skilled in the art how to make and use the full scope of the claimed invention without ‘undue experimentation’.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 2011/0229128 (Sakamoto) at FIG. 1 illustrates an optical communication system 100 with a transmitter 102, fiber spans 101 , and a receiver 103.
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The receiver 103 including a splitters 301 that sends the signal to monitor 121.
FIG 4 illustrates more detail of the monitor 121, including PDs 303, ADCs 304, a DSP 305 to process the signals according to programming, and a controller 306.
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FIG. 5 illustrates a more detailed embodiment of the DSP 305 and controller 306.
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See other embodiments in FIGS. 10-12
US 2007/0065151 (Dybsetter) teaches an optical transceiver 100 including a control module 105 and memory 106.
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FIG. 2 illustrates the control module 105 in more detail, including processors 203A, 203B and memory 206:
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Dybsetter teaches that the control module 105 performs various functionality, including monitoring, determining, and providing information for storage.
Dybsetter also teaches sensors 211 in FIG. 2 to monitor signals from the transceiver. See, for example:
[0028]: “… the optical transceiver 100 includes a control module 105, which may evaluate temperature and voltage conditions and other operational circumstances, and receive information from the post-amplifier 102 (as represented by arrow 105A) and from the laser driver 103 (as represented by arrow 105B). This allows the control module 105 to optimize the dynamically varying performance, and additionally detect when there is a loss of signal.”
[0032]: “… includes sensors 211A, 211B, 211C amongst potentially others as represented by the horizontal ellipses 211D. Each of these sensors may be responsible for measuring operational parameters that may be measured from the control module 200 such as, for example, supply voltage and transceiver temperature. The control module may also receive external analog or digital signals from other components within the optical transceiver that indicate other measured parameters such as, for example, laser bias current, transmit power, receive power, laser wavelength, laser temperature, and Thermo Electric Cooler (TEC) current. Two external lines 212A and 212B are illustrated for receiving such external analog signals although there may be many of such lines.)
Dybsetter also teaches that the control module evaluates the monitored interactions (i.e., the monitored signals or feedback) and determines whether they satisfy an event condition (i.e., whether the monitored signal is supposed to be logged). See [0041]. Furthermore, Dybsetter also teaches to make adjustments to the transceiver based on the monitored signals. See, for example, [0029]:
[0029] Specifically, the control module 105 may counteract these changes by adjusting settings on the post-amplifier 102 and/or the laser driver 103 as also represented by the arrows 105A and 105B. These settings adjustments are quite intermittent since they are only made when temperature or voltage or other low frequency changes so warrant. Receive power is an example of such a low frequency change.
Dybsetter at [0017] teaches to cause the optical transceiver to log the operational information to a specific memory location, and at [0041] teaches to allow a user to specify which operational information to log. See also [0024].
[0024]: … the optical transceiver logs the information to the corresponding storage locations … may specify one or more actions to be performed when the identified information is logged. If one or more actions are specified, the optical transceiver performs the specified actions when the information is logged …
US 2011/0019995 (Suzuki) at FIG. 1 illustrates an optical receiver including a monitor circuit 50 including a controller 51 and memory 58.
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See also:
[0022] The embodiments will be described with drawings. FIG. 1 is a block diagram illustrating a whole configuration of an optical communication receiver 100 according to a first embodiment. The optical communication receiver 100 is one connected to a redundant channel such as a channel of a work side or a channel of a protection side. As depicted in FIG. 1, the optical communication receiver 100 includes an input receiver 10, an optical switch 20, an optical amplifier 30, an optical receiver 40, and a circuit 50. The circuit 50 includes a controller 51, a driver, a digital-to-analog (D/A) convertor 53, a current-to-voltage (I/V) convertor 54, an analog-to-digital (A/D) convertor 55, a driver 56, a d/a convertor 57, and a memory 58.
FIG. 12 illustrates an optical receiver with an optical switch 20 controlling which of first and second receivers 40, 40c receives the incoming optical signal from the optical line at port 10c.
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The amps 30, 30c send feedback to the controller 51 via I/V 54 and A/D 55. See, for example:
[0059] Under the control of the controller 51, the driver 56 performs a hot standby operation in which the excitation light of the amplifier 30c is maintained in a lighting state. By this performance, it is possible to shorten the rise tine of the amplifier 30c. However, the optical amplifier 30c will be affected by an abrupt change of a light intensity inputted therein. As a result, an optical surge will occur.
[0060] In the present embodiment, the controller 51 changes the changing speed performed in the optical switch 20 so that the optical transmission channel is changed during a time longer than a time required to perform the APC control loop. According to this performance, the optical surge in the optical amplifier 30 may be suppressed.
FIG. 12 illustrates the PD 31c in amp 30c. The use of this PD is discussed, for example:
[0027] Further, the controller 51 controls, according to the result detected by the photo detector 31, the speed of switching transmission channel performed by the optical switch 20. First, the photo detector 31 feeds, to the I/V convertor 54, a current according to the light intensity inputted into the optical amplifier 30. The I/V controller 54 generates a voltage signal according to the received current and feeds the voltage signal to the A/D convertor 55, which generates a digital signal according to the voltage signal and feeds the digital signal to the controller 51. By receiving the digital signal, the controller 51 may obtain signal corresponding to the light intensity inputted into the optical amplifier 30. Accordingly, the photo detector 31 functions as a light intensity detecting means.
In other words, the monitored signals are sent to the controller 51, processed by the controller 51, and used to control the receiver 100 (e.g., the switch 20).
FIG. 8 illustrates another embodiment of the optical receiver with first and second PDs 61, 62 and an optical switch 20 which selects which data stream to receive at Rx 40.
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It also teaches a controller 51 and memory 58 for controlling the switch 20.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DARREN WOLF whose telephone number is (571)270-3378. The examiner can normally be reached Monday through Friday, 7:00 AM to 3:00 PM.
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 N. 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.
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/DARREN E WOLF/Primary Examiner, Art Unit 2634