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 .
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 obviousness-type 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); and 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 a nonstatutory double patenting ground provided the conflicting application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement.
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
Claims 1-17 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-17 of U.S. Patent No. US 12,126,376. Although the conflicting claims are not identical, they are not patentably distinct from each other because claims 1-17 of the present application are an obvious subset of the limitations presented in claims 1-17 of US Pat No. 12,126,376.
The following table illustrates the conflicting claim pairs:
Present Application
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
US Pat 12,126,376
1,3
2
1
4
5
6
7
8
9
10
11
12
13,15
14
1
16
17
The following table illustrates a mapping of the limitations of claim 1 of the present application when compared against the limitations of claim 1,3 of US Pat 12,126,376. The differences have been bolded for purposes of clarity.
Claim 1 of Present Application
Claims 1,3 of US Pat 12,126,376
1. A system, comprising:
1. A system, comprising:
an optical line system,
an optical line system,
and an orchestrator operatively connected to the optical line system,
and an orchestrator operatively connected to the optical line system,
the optical line system being configured to be operatively connected, at a first port of the optical line system, to a first optical transponder, and to be operatively connected, at a second port of the optical line system, to a second optical transponder,
the optical line system being configured to be operatively connected, at a first port of the optical line system, to a first optical transponder, and to be operatively connected, at a second port of the optical line system, to a second optical transponder,
the orchestrator being configured: to be operatively connected to the first optical transponder, to receive operating parameters from the optical line system and from the first optical transponder, and to send a received optical parameter to the optical line system or to the first optical transponder,
the orchestrator being configured: to be operatively connected to the first optical transponder, to receive operating parameters from the optical line system and from the first optical transponder, and to send a received optical parameter to the optical line system or to the first optical transponder,
wherein the optical line system is configured to report, to the orchestrator, an optical power received, by the optical line system, at the first port,
wherein the optical line system is configured to report, to the orchestrator, an optical power received, by the optical line system, at the first port, and the system is configured to report, to the first optical transponder, the optical power.
and the system is configured to determine that the optical power is less than a second threshold and, in response to determining that the optical power is less than the second threshold, to send, to the first optical transponder, a low optical power alarm.
Claim 3. The system of claim 1, wherein the system is configured: to determine that the optical power is less than a second threshold; and in response to determining that the optical power is less than the second threshold, to send, to the first optical transponder, a low optical power alarm.
As the table above illustrates, all the limitations of claim 1 of the present application are taught by claim 1,3 of US Pat 12,126,376.
Thus, claim 1 of the present application would have been obvious to one of ordinary skill in the art at the time of the invention in view of claim 1,3 of US Pat 12,126,376, as anticipation of all limitations is tantamount to obviousness.
The following table illustrates a mapping of the limitations of claim 13 of the present application when compared against the limitations of claim 13,15 of US Pat 12,126,376. The differences have been bolded for purposes of clarity.
Claim 13 of Present Application
Claim 13,15 of US Pat 12,126,376
13. A method, comprising:
13. A method, comprising:
receiving, by an orchestrator connected to an optical line system, a plurality of operating parameters from the optical line system, from a first optical transponder connected to a first port of the optical line system, and from a second optical transponder connected to a second port of the optical line system;
receiving, by an orchestrator connected to an optical line system, a plurality of operating parameters from the optical line system, from a first optical transponder connected to a first port of the optical line system, and from a second optical transponder connected to a second port of the optical line system;
sending, by the orchestrator, an operating parameter of the plurality of operating parameters to the optical line system, or to the first optical transponder, or to the second optical transponder;
sending, by the orchestrator, an operating parameter of the plurality of operating parameters to the optical line system, or to the first optical transponder, or to the second optical transponder;
reporting, by the optical line system, to the orchestrator, an optical power received, by the optical line system, at the first port;
reporting, by the optical line system, to the orchestrator, an optical power received, by the optical line system, at the first port; and reporting, by the orchestrator, to the first optical transponder, the optical power.
determining, by the orchestrator, that the optical power is less than a second threshold; and sending, by the orchestrator to the first optical transponder, and in response to determining that the optical power is less than the second threshold, a low optical power alarm.
Claim 15. The method of claim 13, further comprising: determining that the optical power is less than a second threshold; and in response to determining that the optical power is less than the second threshold, sending, by the orchestrator, to the first optical transponder, a low optical power alarm.
As the table above illustrates, all the limitations of claim 13 of the present application are taught by claim 13,15 of US Pat 12,126,376.
Thus, claim 13 of the present application would have been obvious to one of ordinary skill in the art at the time of the invention in view of claim 13,15 of US Pat 12,126,376, as anticipation of all limitations is tantamount to obviousness.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HIBRET A WOLDEKIDAN whose telephone number is (571)270-5145. The examiner can normally be reached 9-5:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, DAVID C PAYNE can be reached at (571)272-3024. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HIBRET A WOLDEKIDAN/ Primary Examiner, Art Unit 2635
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