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 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.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-5 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-12 of U.S. Patent No. 12,176,959 B2 in view of Applicant’s acknowledged prior art.
Regarding claim 1,
Claim 1 of Application No. 18/943428
Claim 7 of US Patent No. 12176959 B2
A high-speed optical transmission-reception apparatus comprising:
a digital-signal processing circuit;
A high-speed optical transmission-reception apparatus comprising: a digital-signal processing circuit;
at least one of an optical modulation module having at least a driver and an optical modulation device or an optical reception module having at least a transimpedance amplifier and an optical reception device;
at least one of an optical modulation module having at least a driver and an optical modulation device or an optical reception module having at least a transimpedance amplifier and an optical reception device;
a flexible printed circuit being used as a high-frequency interface for the optical modulation module and the optical reception module; and
a flexible printed circuit being used as a high-frequency interface for the optical modulation module and the optical reception module; and
a mechanism for connecting a high-frequency line pattern to the flexible printed circuit, the mechanism being provided on a package substrate of the digital-signal processing circuit, the high-frequency line pattern being formed on the package substrate, wherein
a mechanism for connecting a high-frequency line pattern to the flexible printed circuit, the mechanism being provided on a package substrate of the digital-signal processing circuit, wherein
the package substrate and at least one of the optical modulation module or the optical reception module are connected by the flexible printed circuit, wherein
the package substrate and at least one of the optical modulation module or the optical reception module are directly connected by the flexible printed circuit, and wherein
a height difference between a height of a package terrace of the optical modulation module or the optical reception module and a height of an upper surface of the package substrate of the digital-signal processing circuit is less than or equal to 2 mm
a height difference between a height of a package terrace of the optical modulation module or the optical reception module and a height of an upper surface of the package substrate of the digital-signal processing circuit is less than or equal to 2 mm.
However, Claim 7 of US Patent No. 12176959 B2 does not expressly disclose the package substrate and at least one of the optical modulation module or the optical reception module connected by the flexible printed circuit are mounted on a common printed circuit board.
The applicant’s acknowledged prior art discloses the package substrate and at least one of the optical modulation module or the optical reception module connected by the flexible printed circuit are mounted on a common printed circuit board (Fig. 4; the applicant acknowledged prior art is shown, wherein the package substrate 410 and the optical modulation (reception) module 425 is connected by the flexible printed circuit 450. They are mounted on the PCB board substrate 400 as shown).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to place the optical modulation (reception) module and DSP package on a common PCB board in order to reduce the size and weight of the device by eliminating bulky wires.
However, the present combination still lacks a temperature of the optical modulation device mounted on the optical modulation module is controlled by a temperature controller.
Claim 2 US Patent No. 12,176,959 B2 discloses a temperature of the optical modulation device mounted on the optical modulation module is controlled by a temperature controller (Claim 2, The high-speed optical transmission-reception apparatus according to claim 1, wherein a temperature of the optical modulation device mounted on the optical modulation module is controlled by a temperature controller).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add a temperature controller in order to prevent thermal drift to prevent signal distortion over time.
Regarding claim 2,
Claim 2 of Application No. 18/943428
Claim 3 of US Patent No. 12176959 B2
The high-speed optical transmission-reception apparatus according to claim 1, wherein the optical modulation module is hermetically packaged.
The high-speed optical transmission-reception apparatus according to claim 1, wherein the optical modulation module is hermetically packaged.
Regarding claim 3,
Claim 3 of Application No. 18/943428
Claim 4 of US Patent No. 12176959 B2
The high-speed optical transmission-reception apparatus according to claim 1, wherein an InP substrate is used for the optical modulation device mounted on the optical modulation module, and the optical modulation device includes at least two or more Mach-Zehnder optical interference waveguides.
The high-speed optical transmission-reception apparatus according to claim 1, wherein an InP substrate is used for the optical modulation device mounted on the optical modulation module, and the optical modulation device includes at least two or more Mach-Zehnder optical interference waveguides.
Regarding claim 4,
Claim 4 of Application No. 18/943428
Claim 5 of US Patent No. 12176959 B2
The high-speed optical transmission-reception apparatus according to claim 1, wherein the optical modulation module or the optical reception module includes, in addition to the optical modulation device or the optical reception device, a high-frequency amplification device.
The high-speed optical transmission-reception apparatus according to claim 1, wherein the optical modulation module or the optical reception module includes, in addition to the optical modulation device or the optical reception device, a high-frequency amplification device.
Regarding claim 5,
Claim 5 of Application No. 18/943428
Claim 12 of US Patent No. 12176959 B2
The high-speed optical transmission-reception apparatus according to claim 1, wherein the mechanism that connects to the flexible printed circuit includes a connector connection or connection pads being directly connected to the flexible printed circuit.
The high-speed optical transmission-reception apparatus according to claim 10, wherein the mechanism that connects to the flexible printed circuit includes a connector connection or connection pads being directly connected to the flexible printed circuit.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAI M LEE whose telephone number is (571)272-5870. The examiner can normally be reached M-F 9:5:30 PM.
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JAI M. LEE
Examiner
Art Unit 2634
/JAI M LEE/Examiner, Art Unit 2634
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