Prosecution Insights
Last updated: October 02, 2026
Application No. 18/944,898

OPTICAL TRANSMISSION DEVICE AND OPTICAL TRANSMISSION SYSTEM

Non-Final OA §103
Filed
Nov 12, 2024
Priority
Dec 20, 2023 — JP 2023-214636
Examiner
SANCHEZ, DIBSON J
Art Unit
Tech Center
Assignee
1FINITY Inc.
OA Round
1 (Non-Final)
74%
Grant Probability
Favorable
1-2
OA Rounds
3m
Est. Remaining
96%
With Interview

Examiner Intelligence

Grants 74% — above average
74%
Career Allowance Rate
398 granted / 539 resolved
+13.8% vs TC avg
Strong +23% interview lift
Without
With
+22.7%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 2m
Avg Prosecution
16 currently pending
Career history
553
Total Applications
across all art units

Statute-Specific Performance

§101
3.0%
-37.0% vs TC avg
§103
64.0%
+24.0% vs TC avg
§102
6.3%
-33.7% vs TC avg
§112
26.3%
-13.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 539 resolved cases

Office Action

§103
DETAILED ACTION The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Claim Rejections - 35 USC § 103 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 of this title, 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. The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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. Claims 1-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Buset et al (US Pub 20250112722) in view of Mukai et al (US Pub 20240106557). Regarding Claim 1. Buset discloses an optical transmission system that transmits an optical signal via a plurality of nodes, wherein a first optical transmission device provided on a first node among the plurality of nodes outputs a wavelength division multiplexed (WDM) signal including a wavelength channel configured to propagate an actual signal and a wavelength channel configured to propagate a pseudo signal (Fig 3, where a first optical transmission device (e.g. DEG R1D1 ROADM) provided on a first node (e.g. 14a) among a plurality of nodes (e.g. 14) outputs a wavelength division multiplexed (WDM) signal (e.g. from 108b as shown in Fig 2D) which includes a wavelength channel configured to propagate an actual signal (e.g. an optical signal from a transponder 104) and a wavelength channel configured to propagate a pseudo signal (e.g. ASE noise from ASE idler 240)), and a second optical transmission device provided on a second node among the plurality of nodes includes a wavelength processing circuit configured to terminate the pseudo signal in the WDM signal and to generate a second WDM signal by inserting an add signal and a new pseudo signal into wavelength channels of the WDM signal after the pseudo signal is terminated (Fig 3, where a second optical transmission device (e.g. DEG R2D1 ROADM 110a and DEG R2D3 ROADM 110b) (as also shown in Fig 2A) is provided on a second node (e.g. 14b) among the plurality of nodes (e.g. 14) and includes a wavelength processing circuit (e.g. at DEG R2D1 ROADM 110a and DEG R2D3 ROADM 110b) configured to terminate (e.g. via DEG R2D1 ROADM 110a) the pseudo signal (e.g. ASE noise from ASE idler 240) in the WDM signal and generate (e.g. via DEG R2D3 ROADM 110b) a second WDM signal by inserting an add signal (e.g. an optical signal from transponders 104a and 104b) and a new pseudo signal (e.g. ASE noise from ASE idler 240-1) into wavelength channels of the WDM signal after the pseudo signal (e.g. ASE noise from ASE idler 240) is terminated (e.g. via DEG R2D1 ROADM 110a)). Buset fails to explicitly disclose the add signal and the new pseudo signal being inserted into wavelength channels that are unused wavelength channels. However, Mukai discloses an add signal and a new pseudo signal being inserted into wavelength channels that are unused wavelength channels (Fig 7, where a node (e.g. 700-1) comprises an add signal (e.g. S1 (λa)) (e.g. from 740) and a new pseudo signal (e.g. Sa (λb-λn)) (e.g. from 750) being inserted into wavelength channels that are unused wavelength channels (e.g. as shown in Fig 8A and Fig 8B)). Therefore, it would have been obvious to one of ordinary skill in the art to combine the teachings of the second node (e.g. 14b) as described in Buset, with the teachings of the node (e.g. 700-1) as described in Mukai. The motivation being is that as shown a node (e.g. 700-1) comprises an add signal (e.g. S1 (λa)) (e.g. from 740) and a new pseudo signal (e.g. Sa (λb-λn)) (e.g. from 750) being inserted into wavelength channels that are unused wavelength channels (e.g. as shown in Fig 8A and Fig 8B) and one of ordinary skill in the art can implement this concept into the second node (e.g. 14b) as described in Buset and better show and illustrate that the second node (e.g. 14b) comprises an add signal (e.g. an optical signal from transponders 104a and 104b) and a new pseudo signal (e.g. ASE noise from ASE idler 240-1) being inserted into wavelength channels that are unused wavelength channels (e.g. as shown in Fig 8A and Fig 8B) i.e. because the second node (e.g. 14b) in order to fully utilize the available optical spectrum optimally adds a data channel into a WDM signal so as to fill an unused wavelength channel left by a dropped data channel and where the second node (e.g. 14b) optimally replaces express data channels with ASE noise when the express data channels are lost during transmission for the purpose of restabilizing SRS dynamics and which combination is being made because both systems are similar and have overlapping components (e.g. optical nodes, optical add and drop multiplexers ROADMs,…) and which combination is a simple implementation of a known concept of a known node (e.g. 700-1) into another similar second node (e.g. 14b), namely, for better clarifying its operation/configuration and which combination yields predictable results. Regarding Claim 2. Buset as modified by Mukai also discloses the optical transmission system, wherein the wavelength processing circuit includes: a first wavelength selective switch configured to terminate the pseudo signal in the WDM signal and to generate an intra-node WDM signal; and a second wavelength selective switch configured to generate the second WDM signal by inserting the add signal and the new pseudo signal into unused wavelength channels of the intra-node WDM signal (Buset Fig 3, where the wavelength processing circuit (e.g. at DEG R2D1 ROADM 110a and DEG R2D3 ROADM 110b) includes a first wavelength selective switch (e.g. 108a as shown in Fig 2A) (i.e. at DEG R2D1 ROADM 110a) configured to terminate the pseudo signal (e.g. ASE noise from ASE idler 240) in the WDM signal and generate an intra-node WDM signal (e.g. signal between DEG R2D1 ROADM 110a and DEG R2D3 ROADM 110b) and a second wavelength selective switch (e.g. 108d as shown in Fig 2A) (i.e. at DEG R2D3 ROADM 110b) configured to generate the second WDM signal by inserting the add signal (e.g. an optical signal from transponders 104a and 104b) and the new pseudo signal (e.g. ASE noise from ASE idler 240-1) into unused wavelength channels of the intra-node WDM signal (e.g. signal between DEG R2D1 ROADM 110a and DEG R2D3 ROADM 110b)). Regarding Claim 3. Buset as modified by Mukai also discloses the optical transmission system, wherein the actual signal propagated by the WDM signal includes a drop signal to be branched at the second node, the first wavelength selective switch branches the drop signal and the pseudo signal from the WDM signal so as to generate the intra-node WDM signal, and the second wavelength selective switch inserts the add signal into a wavelength channel in which the drop signal has been arranged and inserts the new pseudo signal into a wavelength channel in which the pseudo signal has been arranged (Buset Fig 3, where the actual signal (e.g. an optical signal from a transponder 104) from the first node (e.g. 14a) is propagated by the WDM signal and includes a drop signal (e.g. for a light sink 100) (e.g. as shown in Fig 2A) to be branched at the second node (e.g. 14b), the first wavelength selective switch (e.g. 108a as shown in Fig 2A) (i.e. at DEG R2D1 ROADM 110a) branches the drop signal (e.g. for a light sink 100) (e.g. as shown in Fig 2A) and the pseudo signal (e.g. ASE noise from ASE idler 240) (e.g. as shown in Fig 3) from the WDM signal so as to generate the intra-node WDM signal (e.g. signal between DEG R2D1 ROADM 110a and DEG R2D3 ROADM 110b), and the second wavelength selective switch (e.g. 108d as shown in Fig 2A) (i.e. at DEG R2D3 ROADM 110b) inserts the add signal (e.g. an optical signal from transponders 104a and 104b) into a wavelength channel in which the drop signal (e.g. for a light sink 100) (e.g. as shown in Fig 2A) has been arranged and inserts the new pseudo signal (e.g. ASE noise from ASE idler 240-1) into a wavelength channel in which the pseudo signal (e.g. ASE noise from ASE idler 240) (e.g. as shown in Fig 3) has been arranged). Regarding Claim 4. Buset as modified by Mukai also discloses the optical transmission system, wherein the first wavelength selective switch generates the intra-node WDM signal by terminating all the pseudo signals in the WDM signal (Buset Fig 3, where the first wavelength selective switch (e.g. 108a as shown in Fig 2A) (i.e. at DEG R2D1 ROADM 110a) generates the intra-node WDM signal (e.g. signal between DEG R2D1 ROADM 110a and DEG R2D3 ROADM 110b) by terminating all the pseudo signals (e.g. ASE noise from ASE idler 240) (e.g. as shown in Fig 3) in the WDM signal). Regarding Claim 5. Buset as modified by Mukai also discloses the optical transmission system, wherein when the WDM signal output from the first node does not arrive at the second node, the wavelength processing circuit generates the second WDM signal by inserting the add signal into one of wavelength channels in the WDM signal and inserting the new pseudo signal into another wavelength channel in the WDM signal (Buset Fig 3, where when the WDM signal output from the first node (e.g. 14a) does not arrive at the second node (e.g. 14b) (e.g. as shown in Fig 4), the wavelength processing circuit (e.g. at DEG R2D1 ROADM 110a and DEG R2D3 ROADM 110b) generates (e.g. via DEG R2D3 ROADM 110b) the second WDM signal by inserting the add signal (e.g. an optical signal from transponders 104a and 104b) into one of wavelength channels in the WDM signal and inserting the new pseudo signal (e.g. ASE noise from ASE idler 240-1) into another wavelength channel in the WDM signal (e.g. as shown in Fig 5)). Regarding Claim 6. Buset as modified by Mukai also discloses the optical transmission system, wherein when the WDM signal output from the first node does not arrive at the second node, the wavelength processing circuit generates the second WDM signal by inserting the add signal into one of wavelength channels in the WDM signal and inserting the new pseudo signal into all other wavelength channels in the WDM signal (Buset Fig 3, where when the WDM signal output from the first node (e.g. 14a) does not arrive at the second node (e.g. 14b) (e.g. as shown in Fig 4), the wavelength processing circuit (e.g. at DEG R2D1 ROADM 110a and DEG R2D3 ROADM 110b) generates (e.g. via DEG R2D3 ROADM 110b) the second WDM signal by inserting the add signal (e.g. an optical signal from transponders 104a and 104b) into one of wavelength channels in the WDM signal and inserting the new pseudo signal (e.g. ASE noise from ASE idler 240-1) into all other wavelength channels in the WDM signal (e.g. as shown in Fig 5)). Regarding Claim 7. Buset as modified by Mukai also discloses the optical transmission system, wherein a maximum number of wavelength channels allocated to transmit the actual signal is determined in advance (Mukai Fig 7, where a maximum number of wavelength channels (e.g. S0 (λb-λn)) are allocated to transmit an actual signal (e.g. an optical signal from node 700-0) and is determined/decided in advance). Regarding Claim 8. Buset as modified by Mukai also discloses the optical transmission system, wherein wavelength configuration information that indicates wavelength channels of the WDM signal in which the actual signal and the pseudo signal are inserted is notified from a network management system configured to control a plurality of the optical transmission devices respectively provided on the plurality of nodes or the first node, and the wavelength processing circuit terminates, based on the wavelength configuration information, the pseudo signal in the WDM signal (Buset Fig 3, Fig 6, where wavelength configuration information (e.g. control plane notification) indicating wavelength channels of the WDM signal in which the actual signal (e.g. an optical signal from a transponder 104) and the pseudo signal (ASE noise from ASE idler 240-1) are being inserted is notified at the first node (e.g. 14a) from a network management system (e.g. 185, 186, 188, 200 as shown in Fig 2D) configured to control a plurality of the optical transmission devices (e.g. DEG R1D1 ROADM, DEG R1D2 ROADM) provided on the first node (e.g. 14a) (e.g. steps 406, 424), and the wavelength processing circuit (e.g. at DEG R2D1 ROADM 110a and DEG R2D3 ROADM 110b) at the second node (e.g. 14b) terminates (e.g. via DEG R2D1 ROADM 110a), based on the wavelength configuration information (e.g. control plane notification), the pseudo signal (e.g. ASE noise from ASE idler 240) in the WDM signal). Regarding Claim 9. Buset as modified by Mukai also discloses the optical transmission system, wherein the second optical transmission device further includes an amplified spontaneous emission (ASE) light source, and the new pseudo signal is generated using ASE light output from the ASE light source (Buset Fig 3, where the second optical transmission device (e.g. DEG R2D1 ROADM 110a and DEG R2D3 ROADM 110b) further includes an amplified spontaneous emission (ASE) light source (e.g. ASE idler 240-1) and the new pseudo signal (e.g. ASE noise from ASE idler 240-1) is generated using ASE light output from the ASE light source (e.g. ASE idler 240-1)). Regarding Claim 10. Buset discloses an optical transmission device that processes a wavelength division multiplexed (WDM) signal including a wavelength channel configured to propagate an actual signal and a wavelength channel configured to propagate a pseudo signal (Fig 3, where an optical transmission device (e.g. DEG R2D1 ROADM 110a and DEG R2D3 ROADM 110b) processes a wavelength division multiplexed (WDM) signal (e.g. from DEG R1D1 ROADM) which includes a wavelength channel that propagates an actual signal (e.g. an optical signal from a transponder 104) and a wavelength channel configured to propagate a pseudo signal (e.g. ASE noise from an ASE idler 240) (e.g. as shown in Fig 2D)), the optical transmission device comprising: a first wavelength selective switch (Fig 3, where the optical transmission device (e.g. DEG R2D1 ROADM 110a and DEG R2D3 ROADM 110b) comprises a first wavelength selective switch (e.g. 108a as shown in Fig 2A) (e.g. at DEG R2D1 ROADM 110a)); a second wavelength selective switch provided on an output side of the first wavelength selective switch (Fig 3, where the optical transmission device (e.g. DEG R2D1 ROADM 110a and DEG R2D3 ROADM 110b) comprises a second wavelength selective switch (e.g. 108d as shown in Fig 2A) (e.g. at DEG R2D3 ROADM 110b) provided on an output side of the first wavelength selective switch (e.g. 108a as shown in Fig 2A) (e.g. at DEG R2D1 ROADM 110a)); and a processor configured to control the first wavelength selective switch and the second wavelength selective switch (Fig 3, where the optical transmission device (e.g. DEG R2D1 ROADM 110a and DEG R2D3 ROADM 110b) comprises a processor (e.g. 90, 94 as shown in Fig 2A) configured to control the first wavelength selective switch (e.g. 108a as shown in Fig 2A) (e.g. at DEG R2D1 ROADM 110a) and the second wavelength selective switch (e.g. 108d as shown in Fig 2A) (e.g. at DEG R2D3 ROADM 110b)), wherein the processor configures the first wavelength selective switch so as to branch the pseudo signal from the WDM signal (Fig 3, where the processor (e.g. 90, 94 as shown in Fig 2A) configures the first wavelength selective switch (e.g. 108a as shown in Fig 2A) (e.g. at DEG R2D1 ROADM 110a) so as to branch the pseudo signal (e.g. ASE noise from ASE idler 240) from the WDM signal), and the processor configures the second wavelength selective switch so as to insert a new actual signal and a new pseudo signal into wavelength channels of the WDM signal (Fig 3, where the processor (e.g. 90, 94 as shown in Fig 2A) configures the second wavelength selective switch (e.g. 108d as shown in Fig 2A) (e.g. at DEG R2D3 ROADM 110b) so as to insert a new actual signal (e.g. an optical signal from transponders 104a and 104b) and a new pseudo signal (e.g. ASE noise from ASE idler 240-1) into wavelength channels of the WDM signal). Buset fails to explicitly disclose the add signal and the new pseudo signal being inserted into wavelength channels that are unused wavelength channels. However, Mukai discloses an add signal and a new pseudo signal being inserted into wavelength channels that are unused wavelength channels (Fig 7, where a node (e.g. 700-1) comprises an add signal (e.g. S1 (λa)) (e.g. from 740) and a new pseudo signal (e.g. Sa (λb-λn)) (e.g. from 750) being inserted into wavelength channels that are unused wavelength channels (e.g. as shown in Fig 8A and Fig 8B)). Therefore, it would have been obvious to one of ordinary skill in the art to combine the teachings of the second node (e.g. 14b) as described in Buset, with the teachings of the node (e.g. 700-1) as described in Mukai. The motivation being is that as shown a node (e.g. 700-1) comprises an add signal (e.g. S1 (λa)) (e.g. from 740) and a new pseudo signal (e.g. Sa (λb-λn)) (e.g. from 750) being inserted into wavelength channels that are unused wavelength channels (e.g. as shown in Fig 8A and Fig 8B) and one of ordinary skill in the art can implement this concept into the second node (e.g. 14b) as described in Buset and better show and illustrate that the second node (e.g. 14b) comprises an add signal (e.g. an optical signal from transponders 104a and 104b) and a new pseudo signal (e.g. ASE noise from ASE idler 240-1) being inserted into wavelength channels that are unused wavelength channels (e.g. as shown in Fig 8A and Fig 8B) i.e. because the second node (e.g. 14b) in order to fully utilize the available optical spectrum optimally adds a data channel into a WDM signal so as to fill an unused wavelength channel left by a dropped data channel and where the second node (e.g. 14b) optimally replaces express data channels with ASE noise when the express data channels are lost during transmission for the purpose of restabilizing SRS dynamics and which combination is being made because both systems are similar and have overlapping components (e.g. optical nodes, optical add and drop multiplexers ROADMs,…) and which combination is a simple implementation of a known concept of a known node (e.g. 700-1) into another similar second node (e.g. 14b), namely, for better clarifying its operation/configuration and which combination yields predictable results. Conclusion The additional prior art considered pertinent to the Applicant’s disclosure and not relied upon is the following: Al Sayed (US Pat 10439709) and more specifically Fig 2. Any inquiry concerning this communication or earlier communications from the Examiner should be directed to DIBSON J SANCHEZ whose telephone number is (571)272-0868. The Examiner can normally be reached on Mon-Fri 10:00-6:00. If attempts to reach the Examiner by telephone are unsuccessful, the Examiner’s Supervisor, Kenneth Vanderpuye can be reached on 5712723078. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /DIBSON J SANCHEZ/ Primary Examiner, Art Unit 2634
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Prosecution Timeline

Nov 12, 2024
Application Filed
Aug 12, 2026
Non-Final Rejection mailed — §103 (current)

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