DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Information Disclosure Statement
The Information Disclosure Statement filed on 10/14/2024 has been considered
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.
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Claims 2,3,5,6,7,8,9,10,11,13-22 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1,3,5,6,8,11 and 12 of U.S. Patent No. 10700784 in view of Nguyen (US 7580434).
Claim 2 of 18/914468
Claims 1 and 5 of US Patent 10700784
An apparatus to perform one or more service assurance and management functionalities on a network, the apparatus comprising:
A system to perform one or more service assurance and management functionalities on a network, the system comprising:
a small form factor pluggable (SFP) module configured to be coupled to the network at a network node, the SFP module including:
a small form factor pluggable (SFP) optical transceiver located at a network node;
a transceiver; and a remotely programmable service module coupled to the transceiver; wherein the SFP module is configured to:
a programmable processor coupled with the SFP optical transceiver; a discoverer and a remote station coupled to the SFP via the network;
perform a discovery procedure for enabling communication with a remote node;
the discoverer discovering the programmable processor in the network;
automatically establish a connection over the network with the remote node; and
Claim 5. The system of claim 2, further comprising the programmable processor responding to a predetermined message to indicate that the programmable processing module is coupled to the network and is functioning.
receive instructions over the network from the remote node and store the received instructions in a memory at the SFP module,
See Note below
the remote station programming the programmable processor,
wherein the received instructions, when executed by the remotely programmable service module at the SFP module, cause the SFP module to perform one or more monitoring or service assurance functions using the received instructions.
with a selected subset of one or more service and assurance functionalities, wherein the selected subset is based on power limitations of the SFP optical transceiver.
However, claims 1 and 5 of US Patent 10700784 “store the received instructions in a memory at the SFP module”. In a related field of endeavor, Nguyen discloses memory 106 used to store microcode for configuring control module 105 and for storing operational parameters that have been measured by the control module 105 and the motivation for one of the ordinary skilled in the art before the effective filling date of the invention is to store instructions received from the remote node.
Claim 3 of 18/914468
Claim 1 of US Patent 10700784
The apparatus of claim 2, wherein the one or more monitoring or service assurance functions are selected based on power limitations of the SFP module.
with a selected subset of one or more service and assurance functionalities, wherein the selected subset is based on power limitations of the SFP optical transceiver.
Claim 5 of 18/914468
Claims 1, 8 of US Patent 10700784
The apparatus of claim 4, wherein the predetermined message comes from a remote discoverer distinct from the remote node.
The system of claim 1, wherein the discoverer is co-located with the remote station;
Claim 1. a discoverer and a remote station coupled to the SFP via the network;
Claim 6 of 18/914468
Claim 8 of US Patent 10700784
The apparatus of claim 5, wherein the remote discoverer is co-located with the remote node.
The system of claim 1, wherein the discoverer is co-located with the remote station.
Claim 7 of 18/914468
Claim 6 of US Patent 10700784
The apparatus of claim 2, wherein the discovery procedure includes sending out a message on the network from the SFP module.
The system of claim 1, further comprising the discoverer transmitting a management packet to the programmable processor to request loading of firmware or program logic.
Claim 8 of 18/914468
Claim 6 of US Patent 10700784
The apparatus of claim 2, in which the one or more monitoring or service assurance functions are OAM functions.
The system of claim 1, further comprising the discoverer transmitting a management packet to the programmable processor to request loading of firmware or program logic.
Claim 9 of 18/914468
Claim 3 of US Patent 10700784
The apparatus of claim 2, in which the one or more monitoring or service assurance functions is selected from a group consisting of monitoring network traffic and diagnosing network traffic issues, performing remote in-service Layer 1-4 loopback, ITU-T Y.1564 and RFC-2544 performance testing, and monitoring actual customer statistics from a web browser or portable test set.
The system of claim 2, in which the at least one service assurance function is selected from a group consisting of (i) monitoring network traffic and diagnosing network traffic issues, (ii) performing remote in-service Layer 1-4 loopback, (iii) ITU-T Y.1564 and RFC-2544 performance testing, and (iv) monitoring actual customer statistics from a web browser or portable test set.
Claim 10 of 18/914468
Claims 11 and 5 of US Patent 10700784
A method of enabling one or more service assurance and management functionalities on a network, the method comprising: at a small form factor pluggable (SFP) module coupled to the network at a network node, the SFP module including a transceiver and a remotely programmable service module coupled with the transceiver;
A method for remotely programming one or more small form factor pluggable (SFP) optical transceivers located at a network node to perform one or more service assurance and management functionalities on a network, the method comprising:
performing a discovery procedure for enabling communication with a remote management node;
discovering, by a discoverer, a programmable processor coupled with each of-the one or more SFP optical transceivers;
automatically establishing a connection over the network with the remote management node; and
Claim 5. The system of claim 2, further comprising the programmable processor responding to a predetermined message to indicate that the programmable processing module is coupled to the network and is functioning.
receiving instructions over the network from the remote management node and storing the received instructions in a memory at the SFP module, wherein the received instructions, when executed by the remotely programmable service module at the SFP module, cause the SFP module to perform one or more monitoring or service assurance functions using the received instructions.
See note below
programming, by a remote station, the programmable signal processor to perform a subset of the one or more service assurance and management functionalities, wherein the subset is selected based on power limitations of the SFP optical transceiver.
However, claims 11 and 5 of US Patent 10700784 “storing the received instructions in a memory at the SFP module”. In a related field of endeavor, Nguyen discloses memory 106 used to store microcode for configuring control module 105 and for storing operational parameters that have been measured by the control module 105 and the motivation for one of the ordinary skilled in the art before the effective filling date of the invention is to store instructions received from the remote node.
Claim 11 of 18/914468
Claim 11 of US Patent 10700784
The method of claim 10, wherein the one or more monitoring or service assurance functions are selected based on power limitations of the SFP module.
programming, by a remote station, the programmable signal processor to perform a subset of the one or more service assurance and management functionalities, wherein the subset is selected based on power limitations of the SFP optical transceiver.
Claim 13 of 18/914468
Claim 11 of US Patent 10700784
The method of claim 12, wherein the predetermined message comes from a remote discoverer distinct from the remote management node.
discovering, by a discoverer, a programmable processor coupled with each of-the one or more SFP optical transceivers; programming, by a remote station, the programmable signal processor.
Claim 14 of 18/914468
Claim 11 of US Patent 10700784
The method of claim 13, wherein the remote discoverer is co-located with the remote management node.
The method of claim 11, wherein the discoverer is located within the remote station.
Claim 15 of 18/914468
Claim 6 of US Patent 10700784
The method of claim 10, wherein the discovery procedure includes sending out a message on the network from the SFP module.
The system of claim 1, further comprising the discoverer transmitting a management packet to the programmable processor to request loading of firmware or program logic.
Claim 16 of 18/914468
Claim 12 of US Patent 10700784
The method of claim 10, in which the one or more monitoring or service assurance functions are OAM functions.
The method of claim 11, wherein the service and assurance functionalities are selected from a group consisting of: (i) monitoring network traffic and diagnosing network traffic issues, (ii) performing remote in-service Layer 1-4 loopback, (iii) ITU-T Y.1564 and RFC-2544 performance testing, and (iv) monitoring actual customer statistics from a web browser or portable test set.
Claim 17 of 18/914468
Claim 12 of US Patent 10700784
The method of claim 10, in which the one or more monitoring or service assurance functions is selected from a group consisting of monitoring network traffic and diagnosing network traffic issues, performing remote in-service Layer 1-4 loopback, ITU-T Y.1564 and RFC-2544 performance testing, and monitoring actual customer statistics from a web browser or portable test set.
The method of claim 11, wherein the service and assurance functionalities are selected from a group consisting of: (i) monitoring network traffic and diagnosing network traffic issues, (ii) performing remote in-service Layer 1-4 loopback, (iii) ITU-T Y.1564 and RFC-2544 performance testing, and (iv) monitoring actual customer statistics from a web browser or portable test set.
Claim 18 of 18/914468
Claims 11 and 5 ,6 of US Patent 10700784
A method for enabling one or more service assurance and management functionalities on a network, the method comprising: at a management node, receiving a message from a small form factor pluggable (SFP) module coupled to the network at a remote network node,
See note below
A method for remotely programming one or more small form factor pluggable (SFP) optical transceivers located at a network node to perform one or more service assurance and management functionalities on a network, the method comprising:
the SFP module including a transceiver and a remotely programmable service module coupled with the transceiver;
discovering, by a discoverer, a programmable processor coupled with each of-the one or more SFP optical transceivers;
programming, by a remote station, the programmable signal processor
automatically establishing a connection over the network with the SFP module at the remote network node;
Claim 5. The system of claim 2, further comprising the programmable processor responding to a predetermined message to indicate that the programmable processing module is coupled to the network and is functioning.
sending instructions over the network to the SFP module at the remote network node, the instructions enabling one or more monitoring or service assurance functions; and receiving data resulting from the one or more monitoring or service assurance functions running on the remotely programmable service module at the SFP module at the remote network node.
Claim 6. The system of claim 1, further comprising the discoverer transmitting a management packet to the programmable processor to request loading of firmware or program logic. programming, by a remote station, the programmable signal processor to perform a subset of the one or more service assurance and management functionalities, wherein the subset is selected based on power limitations of the SFP optical transceiver
However, claims 11, 5 and 6 of US Patent 10700784 “at a management node, receiving a message from a small form factor pluggable (SFP) module coupled to the network at a remote network node”. In a related field of endeavor, Nguyen discloses control module 105 is coupled with the external host 111 (management node) and is capable of communicating with the optical transceiver 100. The and the motivation for one of the ordinary skilled in the art before the effective filling date of the invention is to provide external communication to the optical transceiver.
Claim 19 of 18/914468
Claim 11 of US Patent 10700784
The method of claim 18, wherein the one or more monitoring or service assurance functions are selected based on power limitations of the SFP module at the remote network node.
programming, by a remote station, the programmable signal processor to perform a subset of the one or more service assurance and management functionalities, wherein the subset is selected based on power limitations of the SFP optical transceiver.
Claim 20 of 18/914468
Claim 6 of US Patent 10700784
The method of claim 18, wherein the message identifying the SFP module at the remote network node is a result of a discovery procedure.
The system of claim 1, further comprising the discoverer transmitting a management packet to the programmable processor to request loading of firmware or program logic.
Claim 21 of 18/914468
Claim 6 of US Patent 10700784
The method of claim 18, in which the one or more monitoring or service assurance functions are OAM functions.
The system of claim 1, further comprising the discoverer transmitting a management packet to the programmable processor to request loading of firmware or program logic.
Claim 22 of 18/914468
Claim 12 of US Patent 10700784
The method of claim 18, in which the one or more monitoring or service assurance functions is selected from a group consisting of monitoring network traffic and diagnosing network traffic issues, performing remote in-service Layer 1-4 loopback, ITU-T Y.1564 and RFC-2544 performance testing, and monitoring actual customer statistics from a web browser or portable test set.
The method of claim 11, wherein the service and assurance functionalities are selected from a group consisting of: (i) monitoring network traffic and diagnosing network traffic issues, (ii) performing remote in-service Layer 1-4 loopback, (iii) ITU-T Y.1564 and RFC-2544 performance testing, and (iv) monitoring actual customer statistics from a web browser or portable test set.
Conclusion
4. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure is reproduced below.
a. Robitaille et al (US 2014/0025806) discloses a method for discovering a device in a communication network having multiple interconnected nodes by monitoring, see figure 5.
b. Roullot et al. (US 2014/0169785) discloses a SFP transceiver configured to be used a client site having no network interface device, see figure 3.
c. El-Ahmadi et al (US 2011/0135312) discloses SFP transceiver with transmitter and receiver and clock and data recovery, see figure 3b.
d. Hilton et al (US 2011/0085468) discloses SFP transceiver with secret key to either configure or disable the communication device coupled with the SFP transceiver, see figure 1.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AMRITBIR K SANDHU whose telephone number is (571)270-1894. The examiner can normally be reached M-F 9am to 5pm.
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/AMRITBIR K SANDHU/Primary Examiner, Art Unit 2634
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