CTNF 18/889,459 CTNF 100771 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. Information Disclosure Statement The information disclosure statement submitted on 05/07/2025 has been considered by the examiner and made of record in the application file. Claim Rejections - 35 USC § 112 07-30-02 AIA The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. 07-34-01 Claims 4-5 and 13-14 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claim 4 states the limitation “reduce power consumption of the optical communication device by relaxing the CFO loop” in Lines 1-4. It is unclear from the claim language and the specification what is meant by “relaxing the CFO loop”. Claim 5 states the limitation “reduce an error rate in the peer optical communication device by tightening the CFO loop” in Lines 2-4. It is unclear from the claim language or the specification on what is meant by “tightening the CFO loop”. Claim 13 states the limitation “reduce power consumption of the optical communication device by relaxing the CFO loop” in Lines 1-3. It is unclear from the claim language and the specification what is meant by “relaxing the CFO loop”. Claim 14 states the limitation “reduce an error rate in the peer optical communication device by tightening the CFO loop” in Lines 2-4. It is unclear from the claim language or the specification on what is meant by “tightening the CFO loop”. 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. 07-23-aia AIA The factual inquiries 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. 07-21-aia AIA Claim (s) 1, 7-10, and 16-18 are rejected under 35 U.S.C. 103 as being unpatentable over Binkai (US 10554302) in view of Pendock (US 12463730) . Consider Claim 1, Binkai discloses an optical communication device, comprising: a laser, configured to generate an optical carrier (Figure 3, element 11) ; a transmitter (Tx), configured to generate an optical Tx signal using the optical carrier and to transmit the optical Tx signal to a peer optical communication device (Figure 3, signal from element 11 is transmitted by element 1-3 and Figure 1, where element 103 receives signal transmitted) ; a receiver (Rx), configured to receive an optical Rx signal from the peer optical communication device, (Figure 3, where element 15 receives signal from other counterpart device element 103) ; a device controller (Figure 4 , element 13) configured to adjust a frequency of the laser to reduce a Carrier Frequency Offset (CFO) between the received optical Rx signal and the optical carrier generated by the laser (Figure 5, element 24 and Column 7, Lines 12-22, where element 23, which in inside of element 13, compensates for frequency based on calculation done bone by element 23 between received signal and element 11) , including conditionally applying to a frequency of the laser a series of frequency hops in accordance with a defined dithering sequence (Column 11, Lines 59-64, where frequency of element 11 is changed by offset amount Δf 3 and Column 9, Lines 44-48, where frequency control is performed and repeated at specific intervals) but does not disclose down-convert the optical Rx signal using the optical carrier. However, Pendock discloses and to down-convert the optical Rx signal using the optical carrier (Column 9, Lines 18-23, where incoming signal into receiver is down converted using a carrier) Therefore, it would have been obvious to one of ordinary skill in the art before theeffective filing date of applicant’s claimed invention to have incorporated the teachingsof Pendock into Binkai to improve filtering of signals. Consider Claim 7, Binkai discloses the optical communication device according to claim 1, wherein the device controller is configured to initiate the series of frequency hops in response to detecting that (i) the optical Tx signal is enabled at the Tx (Figure 9, element S1 where element 101 transmits signal) and (ii) the received optical Rx signal is present at the Rx (Figure 9, step S2 where transmission signal is received and proceeds to calculate frequency offset in following steps) . Therefore, it would have been obvious to one of ordinary skill in the art before theeffective filing date of applicant’s claimed invention to have incorporated the teachingsof Pendock into Binkai to improve filtering of signals. Consider Claim 8, Binkai discloses the optical communication device according to claim 1, wherein the device controller (Figure 5 , element 20-1) is configured to adjust the frequency of the laser (Figure 5, element 24 and Column 7, Lines 12-22, where element 23 compensates for frequency based on calculation done bone by element 23 between received signal and element 11) , but does disclose to apply the series of frequency hops to the frequency of the laser, by controlling a Thermo-Electric Cooler (TEC) coupled to the laser. However, Pendock discloses to apply the series of frequency hops to the frequency of the laser, by controlling a Thermo-Electric Cooler (TEC) coupled to the laser (Column 8, Lines 2-5, where TEC adjusts frequency of laser and is done in iterative process) . Therefore, it would have been obvious to one of ordinary skill in the art before theeffective filing date of applicant’s claimed invention to have incorporated the teachingsof Pendock into Binkai to improve filtering of signals. Consider Claim 9, Binkai discloses the optical communication device according to claim 1, wherein the device controller is configured to apply the series of frequency hops in accordance with a pseudo-random dithering sequence of positive-frequency hops (Column 13, Equation 1, where Δf 3 is increased by positive amount) and negative-frequency hops (Column 13, Equation 2, where Δf 3 is decreased by negative amount) . Therefore, it would have been obvious to one of ordinary skill in the art before theeffective filing date of applicant’s claimed invention to have incorporated the teachingsof Pendock into Binkai to improve filtering of signals. Consider Claim 10, Binkai discloses an optical communication method, comprising: generating an optical carrier using a laser (Figure 3, element 11) ; generating an optical transmit (Tx) signal using the optical carrier and transmitting the optical Tx signal to a peer optical communication device (Figure 3, signal from element 11 is transmitted by element 1-3 and Figure 1, where element 103 receives signal transmitted) ; receiving an optical receive (Rx) signal from the peer optical communication device (Figure 3, where element 15 receives signal from other counterpart device element 103) ; and adjusting a frequency of the laser to reduce a Carrier Frequency Offset (CFO) between the received optical Rx signal and the optical carrier generated by the laser (Figure 5, element 24 and Column 7, Lines 12-22, where element 23 compensates for frequency based on calculation done bone by element 23 between received signal and element 11) , including conditionally applying to a frequency of the laser a series of frequency hops in accordance with a defined dithering sequence (Column 11, Lines 59-64, where frequency of element 11 is changed by offset amount Δf 3 and Column 9, Lines 44-48, where frequency control is performed and repeated at specific intervals) but does not disclose and down-converting the optical Rx signal using the optical carrier. However, Pendock discloses down-converting the optical Rx signal using the optical carrier (Column 9, Lines 18-23, where incoming signal into receiver is down converted using a carrier) . Therefore, it would have been obvious to one of ordinary skill in the art before theeffective filing date of applicant’s claimed invention to have incorporated the teachingsof Pendock into Binkai to improve filtering of signals. Consider Claim 16, Binkai discloses the optical communication method according to claim 10, wherein applying the series of frequency hops comprises initiating the series of frequency hops in response to (i) the optical Tx signal is enabled at the Tx (Figure 9, element S1 where element 101 transmits signal) and (ii) the received optical Rx signal is present at the Rx (Figure 9, step S2 where transmission signal is received and proceeds to calculate frequency offset in following steps) . Therefore, it would have been obvious to one of ordinary skill in the art before theeffective filing date of applicant’s claimed invention to have incorporated the teachingsof Pendock into Binkai to improve filtering of signals. Consider Claim 17, Binkai discloses the optical communication method according to claim 10, wherein the adjusting the frequency of the laser (Figure 5, element 24 and Column 7, Lines 12-22, where element 23 compensates for frequency based on calculation done bone by element 23 between received signal and element 11) , but does not disclose to apply the series of frequency hops to the frequency of the laser, by controlling a Thermo-Electric Cooler (TEC) coupled to the laser. However, Pendock discloses to apply the series of frequency hops to the frequency of the laser, by controlling a Thermo-Electric Cooler (TEC) coupled to the laser (Column 8, Lines 2-5, where TEC adjusts frequency of laser and is done in iterative process) . Therefore, it would have been obvious to one of ordinary skill in the art before theeffective filing date of applicant’s claimed invention to have incorporated the teachingsof Pendock into Binkai to improve filtering of signals. Consider Claim 18, Binkai discloses the optical communication method according to claim 10, wherein applying the series of frequency hops comprises applying a pseudo-random dithering sequence of positive-frequency hops (Column 13, Equation 1, where Δf 3 is increased by positive amount) and negative-frequency hops (Column 13, Equation 2, where Δf 3 is decreased by negative amount) . Therefore, it would have been obvious to one of ordinary skill in the art before theeffective filing date of applicant’s claimed invention to have incorporated the teachingsof Pendock into Binkai to improve filtering of signals . 07-21-aia AIA Claim (s) 2, 6, 11, and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Binkai in view of Pendock, and further in view of Sakai (US 9450680) . Consider Claim 2, Binkai and Pendock do not disclose the limitations of this claim. However, Sakai discloses the optical communication device according to claim 1, wherein the device controller is configured to: when the CFO is within a defined CFO capture range (Figure 9, element S218 checks if offset “f” is within defined range) , operate a CFO loop that adjusts the frequency of the laser to reduce the CFO (Figure 9, element S219, where frequency of LO is set to f) ; and when the CFO is outside the defined CFO capture range, apply the series of frequency hops at least until the CFO falls within the defined CFO capture range (Figure 9, element S221 and Column 9, Lines 12-919, where adjusted value is set back to an initial value and that loop is done repeatedly) . Therefore, it would have been obvious to one of ordinary skill in the art before theeffective filing date of applicant’s claimed invention to have incorporated the teachingsof Sakai into Binkai and Pendock to ensure that CFO loops are able to ensure that carrier offset calculation can be performed at any time. Consider Claim 6, Binkai discloses the optical communication device according to claim 2, wherein the device controller comprises: a Digital Signal Processor (DSP) configured to measure the CFO and operate the CFO loop (Figure 4, element 13 and Figure 5, where element 20-1, which is included in element 13, has element 23 to measure frequency offset) ;While the device controller does not explicitly incude a controller configured to apply the series of frequency hops to the frequency of the laser, Figure 6 of Binkai has element 30 (which is inside of DSP elemtn13 shown in Figure 4) sends signal to frequency control unit (Figure 1, element 6) which transmits offset amount of laser (Column 10, Lines 43-47, where element 6 transmits offset amount to element 101). Therefore, it would be obvious to one of skill in the ordinary art that this achieves same effect as the limitation in the claim. Therefore, it would have been obvious to one of ordinary skill in the art before theeffective filing date of applicant’s claimed invention to have incorporated the teachingsof Sakai into Binkai and Pendock to ensure that CFO loops are able to ensure that carrier offset calculation can be performed at any time. Consider Claim 11, However, Sakai discloses the optical communication method according to claim 10, wherein adjusting the frequency of the laser comprises: when the CFO is within a defined CFO capture range (Figure 9, element S218 checks if offset “f” is within defined range) , operate a CFO loop that adjusts the frequency of the laser to reduce the CFO (Figure 9, element S219, where frequency of LO is set to f) ; and when the CFO is outside the defined CFO capture range, apply the series of frequency hops at least until the CFO falls within the defined CFO capture range (Figure 9, element S221 and Column 9, Lines 12-919, where adjusted value is set back to an initial value and that loop is done repeatedly) . Therefore, it would have been obvious to one of ordinary skill in the art before theeffective filing date of applicant’s claimed invention to have incorporated the teachingsof Sakai into Binkai and Pendock to ensure that CFO loops are able to ensure that carrier offset calculation can be performed at any time. Consider Claim 15, Binkai discloses the optical communication method according to claim 11, wherein adjusting the frequency of the laser comprises: measuring the CFO and operating the CFO loop using a Digital Signal Processor (DSP) (Figure 4, element 13 and Figure 5, where element 20-1, which is included in element 13, has element 23 to measure frequency offset) ; and applying the series of frequency hops to the frequency of the laser using a controller (Figure 1, element 6 transmits frequency compensation to element 101) . Therefore, it would have been obvious to one of ordinary skill in the art before theeffective filing date of applicant’s claimed invention to have incorporated the teachingsof Sakai into Binkai and Pendock to ensure that CFO loops are able to ensure that carrier offset calculation can be performed at any time . Allowable Subject Matter 12-151-08 AIA 07-43 12-51-08 Claim s 3-5 and 12-14 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. 07-43-02 AIA Claim s 4-5 and 13-14 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to ASIF SHAMEEM whose telephone number is (571)272-6576. The examiner can normally be reached Monday - Friday 8:00 AM EST-5:00 PM EST. 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. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. 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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. /ASIF SHAMEEM/Examiner, Art Unit 2634 /KENNETH N VANDERPUYE/Supervisory Patent Examiner, Art Unit 2634 Application/Control Number: 18/889,459 Page 2 Art Unit: 2634 Application/Control Number: 18/889,459 Page 3 Art Unit: 2634 Application/Control Number: 18/889,459 Page 4 Art Unit: 2634 Application/Control Number: 18/889,459 Page 5 Art Unit: 2634 Application/Control Number: 18/889,459 Page 6 Art Unit: 2634 Application/Control Number: 18/889,459 Page 7 Art Unit: 2634 Application/Control Number: 18/889,459 Page 8 Art Unit: 2634 Application/Control Number: 18/889,459 Page 9 Art Unit: 2634 Application/Control Number: 18/889,459 Page 10 Art Unit: 2634 Application/Control Number: 18/889,459 Page 11 Art Unit: 2634
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