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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).
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Claims 1-35 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-38 of U.S. Patent No. 12,184,402 B2. Although the claims at issue are not identical, they are not patentably distinct from each other.
Regarding claim 1,
Claim 1 of Application No. 18/952358
Claim 1 of US Patent No. 12,184,402 B2
An apparatus for communicating optical signals modulated at a symbol rate, the apparatus comprising: an optical power supply that comprises:
An apparatus for communicating optical signals modulated at a symbol rate, the apparatus comprising: an optical power supply that comprises:
a light source configured to generate a first light output having a first optical frequency and a second light output having a second optical frequency different from the first optical frequency, each of the first and second light outputs being steady during a time interval that is significantly longer than one over the symbol rate; and
a light source and an electronic controller connected to the light source to cause the light source to generate a first light output having a first optical frequency and a second light output having a second optical frequency different from the first optical frequency, each of the first and second light outputs being steady during a time interval that is significantly longer than one over the symbol rate; and
a polarization combiner connected to receive the first light output and the second light output of the light source at a first input port and a second input port, respectively, the polarization combiner being configured to generate, at a single output port thereof, an optical output signal in which first and second mutually orthogonal polarization components carry light of the first and second light outputs, respectively,
a polarization combiner connected to receive the first light output and the second light output of the light source at a first input port and a second input port, respectively, the polarization combiner being configured to generate, at a single output port thereof, an optical output signal in which first and second mutually orthogonal polarization components carry light of the first and second light outputs, respectively,
wherein the polarization combiner includes no more than one output port, and is configured to multiplex light in a first polarization state at the first input port onto the first polarization state of light on the output port, and light in a second polarization state at the second input port onto the second polarization state of light on the same output port;
wherein the polarization combiner includes no more than one output port, and is configured to multiplex light in a first polarization state at the first input port onto the first polarization state of light on the output port, and light in a second polarization state at the second input port onto the second polarization state of light on the same output port;
a transmit module configured to receive the optical output signal irrespective of polarization changes of the optical output signal, the transmit module including at least one optical modulator configured to modulate the optical output signal from the output port of the polarization combiner; and
a transmit module configured to receive the optical output signal irrespective of polarization changes of the optical output signal, the transmit module including at least one optical modulator configured to modulate the optical output signal from the output port of the polarization combiner; and
an optical fiber that includes one or more sections of non-polarization-maintaining fiber, in which the optical fiber is optically coupled between the output port of the polarization combiner and the transmit module, and
an optical fiber that includes one or more sections of non-polarization-maintaining fiber, in which the optical fiber is optically coupled between the output port of the polarization combiner and the transmit module, and
the optical fiber is configured to transmit the optical output signal from the output port of the polarization combiner to the transmit module.
the optical fiber is configured to transmit the optical output signal from the output port of the polarization combiner to the transmit module.
However, Claim 1 of Application No. 18/952358 differs from Claim 1 of U.S. Patent No. 12,184,402 B2 because Claim 1 of Application No. 18/952358 does not include “an electronic controller connected to the light source.”
It is clear that all the elements of the application claim 1 are to be found in patent claim 1 (as the application claim 1 fully encompasses patent claim 1). The difference between the application claim 1 and the patent claim 1 lies in the fact that the patent claim includes many more elements and thus much more specific. Thus, the invention of claim 1 of the patent is in effect a “species” of the “generic” invention of the application claim 1. It has been held that the generic invention is “anticipated” by the “species”. See In re Goodman, 29 USPQ2d 2010 (Fed. Cir. 1993). Since application claim 1 is anticipated by claim 1 of the patent, it is not patentably distinct from claim 1 of the patent.
Regarding claim 2,
Claim 2 of Application No. 18/952358
Claim 2 of US Patent No. 12,184,402 B2
The apparatus of claim 1, wherein the light source comprises an electronic controller configured to cause the first light output and the second light output to be mutually time/frequency orthogonal.
The apparatus of claim 1, wherein the electronic controller is configured to cause the first light output and the second light output to be mutually time/frequency orthogonal.
Regarding claim 3,
Claim 3 of Application No. 18/952358
Claim 3 of US Patent No. 12,184,402 B2
The apparatus of claim 1, wherein the first light output comprises a first continuous-wave optical field at the first optical frequency, and the second light output comprises a second continuous-wave optical field at the second optical frequency.
The apparatus of claim 1, wherein the first light output comprises a first continuous-wave optical field at the first optical frequency, and the second light output comprises a second continuous-wave optical field at the second optical frequency.
Regarding claim 4,
Claim 4 of Application No. 18/952358
Claim 4 of US Patent No. 12,184,402 B2
The apparatus of claim 1, wherein a difference between the first optical frequency and the second optical frequency is approximately an integer multiple of the symbol rate.
The apparatus of claim 1, wherein a difference between the first optical frequency and the second optical frequency is approximately an integer multiple of the symbol rate.
Regarding claim 5,
Claim 5 of Application No. 18/952358
Claim 5 of US Patent No. 12,184,402 B2
The apparatus of claim 1, wherein the first light output comprises a first optical pulse train of a first period, and the second light output comprises a second optical pulse train of the first period.
The apparatus of claim 1, wherein the first light output comprises a first optical pulse train of a first period, and the second light output comprises a second optical pulse train of the first period.
Regarding claim 6,
Claim 6 of Application No. 18/952358
Claim 6 of US Patent No. 12,184,402 B2
The apparatus of claim 5, wherein centers of pulses of the first optical pulse train are temporally aligned with centers of corresponding pulses of the second optical pulse train.
The apparatus of claim 5, wherein centers of pulses of the first optical pulse train are temporally aligned with centers of corresponding pulses of the second optical pulse train.
Regarding claim 7,
Claim 7 of Application No. 18/952358
Claim 7 of US Patent No. 12,184,402 B2
The apparatus of claim 5, wherein centers of pulses of the first optical pulse train are temporally offset from centers of corresponding pulses of the second optical pulse train by a nonzero time shift.
The apparatus of claim 5, wherein centers of pulses of the first optical pulse train are temporally offset from centers of corresponding pulses of the second optical pulse train by a nonzero time shift.
Regarding claim 8,
Claim 8 of Application No. 18/952358
Claim 8 of US Patent No. 12,184,402 B2
The apparatus of claim 5, wherein: a spectrum of the first pulse train has two first optical frequency tones; and a spectrum of the second pulse train has two second optical frequency tones different from the two first optical frequency tones.
The apparatus of claim 5, wherein: a spectrum of the first pulse train has two first optical frequency tones; and a spectrum of the second pulse train has two second optical frequency tones different from the two first optical frequency tones.
Regarding claim 9,
Claim 9 of Application No. 18/952358
Claim 9 of US Patent No. 12,184,402 B2
The apparatus of claim 1, wherein the light source comprises an electronic controller configured to imprint first control information on the first light output of the light source and second control information on the second light output of the light source.
The apparatus of claim 1, wherein the electronic controller is further configured to imprint first control information on the first light output of the light source and second control information on the second light output of the light source.
Regarding claim 10,
Claim 10 of Application No. 18/952358
Claim 10 of US Patent No. 12,184,402 B2
The apparatus of claim 1, wherein the light source comprises a polarization-diversity in-phase/quadrature modulator.
The apparatus of claim 1, wherein the light source comprises a polarization-diversity in-phase/quadrature modulator.
Regarding claim 11,
Claim 11 of Application No. 18/952358
Claim 11 of US Patent No. 12,184,402 B2
The apparatus of claim 10, wherein the polarization-diversity in-phase/quadrature modulator is configured to generate two tones in a first polarization and two tones in a second polarization orthogonal to the first polarization; wherein
The apparatus of claim 10, wherein the polarization-diversity in-phase/quadrature modulator is configured to generate two tones in a first polarization and two tones in a second polarization orthogonal to the first polarization; wherein
frequency spacing between the two tones in the first polarization and frequency spacing between the two tones in the second polarization are equal to one another; and wherein
frequency spacing between the two tones in the first polarization and frequency spacing between the two tones in the second polarization are equal to one another; and wherein
frequency spacing between a tone in the first polarization and a tone in the second polarization is an integer multiple of said equal frequency spacing.
frequency spacing between a tone in the first polarization and a tone in the second polarization is an integer multiple of said equal frequency spacing.
Regarding claim 12,
Claim 12 of Application No. 18/952358
Claim 12 of US Patent No. 12,184,402 B2
The apparatus of claim 1, wherein the transmit module comprises: a polarization splitter having an input port thereof optically connected to an end of one of the sections of the optical fiber to receive light of the optical output signal;
The apparatus of claim 1, wherein the transmit module comprises: a polarization splitter having an input port thereof optically connected to an end of one of the sections of the optical fiber to receive light of the optical output signal;
a first optical data modulator connected to a first output of the polarization splitter; and
a first optical data modulator connected to a first output of the polarization splitter; and
a second optical data modulator connected to a second output of the polarization splitter.
a second optical data modulator connected to a second output of the polarization splitter.
Regarding claim 13,
Claim 13 of Application No. 18/952358
Claim 13 of US Patent No. 12,184,402 B2
The apparatus of claim 1, wherein the transmit module comprises a polarization splitter having an input port optically connected to an end of one of the sections of the non-polarization-maintaining fiber to receive light of the optical output signal, wherein
The apparatus of claim 1, wherein the transmit module comprises a polarization splitter having an input port optically connected to an end of one of the sections of the non-polarization-maintaining fiber to receive light of the optical output signal, wherein
the polarization splitter has a first output port and a second output port, and the polarization splitter is configured to perform a substantially equal-power split between the first output port and the second output port regardless of polarization rotations within the one or more sections of non-polarization-maintaining optical fiber between the polarization combiner and the transmit module.
the polarization splitter has a first output port and a second output port, and the polarization splitter is configured to perform a substantially equal-power split between the first output port and the second output port regardless of polarization rotations within the one or more sections of non-polarization-maintaining optical fiber between the polarization combiner and the transmit module.
Regarding claim 14,
Claim 14 of Application No. 18/952358
Claim 14 of US Patent No. 12,184,402 B2
The apparatus of claim 1 wherein the second polarization state at the output port is approximately orthogonal to the first polarization state at the output port.
The apparatus of claim 1 wherein the second polarization state at the output port is approximately orthogonal to the first polarization state at the output port.
Regarding claim 15,
Claim 15 of Application No. 18/952358
Claim 15 of US Patent No. 12,184,402 B2
The apparatus of claim 1 wherein the two orthogonal polarization states at the output port are horizontally and vertically linearly polarized, respectively.
The apparatus of claim 1 wherein the two orthogonal polarization states at the output port are horizontally and vertically linearly polarized, respectively.
Regarding claim 16,
Claim 16 of Application No. 18/952358
Claim 16 of US Patent No. 12,184,402 B2
The apparatus of claim 1 wherein the two orthogonal polarization states at the output port are left-handed and right-handed circularly polarized, respectively.
The apparatus of claim 1 wherein the two orthogonal polarization states at the output port are left-handed and right-handed circularly polarized, respectively.
Regarding claim 17,
Claim 17 of Application No. 18/952358
Claim 17 of US Patent No. 12,184,402 B2
The apparatus of claim 1 wherein the two orthogonal polarization states at the output port are relatively orthogonally, elliptically polarized states.
The apparatus of claim 1 wherein the two orthogonal polarization states at the output port are relatively orthogonally, elliptically polarized states.
Regarding claim 18,
Claim 18 of Application No. 18/952358
Claim 18 of US Patent No. 12,184,402 B2
The apparatus of claim 1 wherein the second polarization state at the second input port is approximately identical to the first polarization state at the first input port.
The apparatus of claim 1 wherein the second polarization state at the second input port is approximately identical to the first polarization state at the first input port.
Regarding claim 19,
Claim 19 of Application No. 18/952358
Claim 27 of US Patent No. 12,184,402 B2
An apparatus for communicating optical signals modulated at a symbol rate, the apparatus comprising: an optical power supply that comprises:
An apparatus for communicating optical signals modulated at a symbol rate, the apparatus comprising: an optical power supply that comprises:
a light source configured to generate a first light output having a first optical frequency and a second light output having a second optical frequency different from the first optical frequency,
a light source and an electronic controller connected to the light source to cause the light source to generate a first light output having a first optical frequency and a second light output having a second optical frequency different from the first optical frequency,
each of the first and second light outputs being steady during a time interval that is significantly longer than one over the symbol rate; and
each of the first and second light outputs being steady during a time interval that is significantly longer than one over the symbol rate; and
a polarization combiner connected to receive the first and second light outputs of the light source at different respective input ports thereof, the polarization combiner being configured to generate, at an output port thereof, an optical output signal in which first and second mutually orthogonal polarization components carry light of the first and second light outputs, respectively, wherein the polarization combiner comprises a polarization-maintaining optical power combiner;
a polarization combiner connected to receive the first and second light outputs of the light source at different respective input ports thereof, the polarization combiner being configured to generate, at an output port thereof, an optical output signal in which first and second mutually orthogonal polarization components carry light of the first and second light outputs, respectively, wherein the polarization combiner comprises a polarization-maintaining optical power combiner;
a transmit module configured to receive the optical output signal irrespective of polarization changes of the optical output signal, the transmit module including at least one optical modulator configured to modulate the optical output signal from the output port of the polarization combiner; and
a transmit module configured to receive the optical output signal irrespective of polarization changes of the optical output signal, the transmit module including at least one optical modulator configured to modulate the optical output signal from the output port of the polarization combiner; and
an optical fiber that includes one or more sections of non-polarization-maintaining fiber, in which the optical fiber is optically coupled between the output port of the polarization combiner and the transmit module, and
an optical fiber that includes one or more sections of non-polarization-maintaining fiber, in which the optical fiber is optically coupled between the output port of the polarization combiner and the transmit module, and
the optical fiber is configured to transmit the optical output signal from the output port of the polarization combiner to the transmit module.
the optical fiber is configured to transmit the optical output signal from the output port of the polarization combiner to the transmit module.
However, Claim 19 of Application No. 18/952358 differs from Claim 27 of U.S. Patent No. 12,184,402 B2 because Claim 19 of Application No. 18/952358 does not include “an electronic controller connected to the light source.”
It is clear that all the elements of the application claim 19 are to be found in patent claim 27 (as the application claim 19 fully encompasses patent claim 27). The difference between the application claim 19 and the patent claim 27 lies in the fact that the patent claim includes many more elements and thus much more specific. Thus, the invention of claim 27 of the patent is in effect a “species” of the “generic” invention of the application claim 19. It has been held that the generic invention is “anticipated” by the “species”. See In re Goodman, 29 USPQ2d 2010 (Fed. Cir. 1993). Since application claim 19 is anticipated by claim 27 of the patent, it is not patentably distinct from claim 27 of the patent.
Regarding claim 20
Claim 20 of Application No. 18/952358
Claim 28 of US Patent No. 12,184,402 B2
The apparatus of claim 19 wherein the light source comprises an electronic controller configured to cause the first light output and the second light output to be mutually time/frequency orthogonal.
The apparatus of claim 27 wherein the electronic controller is configured to cause the first light output and the second light output to be mutually time/frequency orthogonal.
Regarding claim 21,
Claim 21 of Application No. 18/952358
Claim 29 of US Patent No. 12,184,402 B2
An apparatus for communicating optical signals modulated at a symbol rate, the apparatus comprising: an optical power supply that comprises:
An apparatus for communicating optical signals modulated at a symbol rate, the apparatus comprising: an optical power supply that comprises:
a light source configured to generate a first light output having a first optical frequency and a second light output having a second optical frequency different from the first optical frequency, each of the first and second light outputs being steady during a time interval that is significantly longer than one over the symbol rate; and
a light source and an electronic controller connected to the light source to cause the light source to generate a first light output having a first optical frequency and a second light output having a second optical frequency different from the first optical frequency, each of the first and second light outputs being steady during a time interval that is significantly longer than one over the symbol rate; and
a polarization combiner connected to receive the first and second light outputs of the light source at different respective input ports thereof, the polarization combiner being configured to generate, at an output port thereof, an optical output signal in which first and second mutually orthogonal polarization components carry light of the first and second light outputs, respectively, wherein
a polarization combiner connected to receive the first and second light outputs of the light source at different respective input ports thereof, the polarization combiner being configured to generate, at an output port thereof, an optical output signal in which first and second mutually orthogonal polarization components carry light of the first and second light outputs, respectively, wherein
the polarization combiner comprises a polarization-maintaining wavelength multiplexer;
the polarization combiner comprises a polarization-maintaining wavelength multiplexer;
a transmit module configured to receive the optical output signal irrespective of polarization changes of the optical output signal, the transmit module including at least one optical modulator configured to modulate the optical output signal from the output port of the polarization combiner; and
a transmit module configured to receive the optical output signal irrespective of polarization changes of the optical output signal, the transmit module including at least one optical modulator configured to modulate the optical output signal from the output port of the polarization combiner; and
an optical fiber that includes one or more sections of non-polarization-maintaining fiber, in which the optical fiber is optically coupled between the output port of the polarization combiner and the transmit module, and
an optical fiber that includes one or more sections of non-polarization-maintaining fiber, in which the optical fiber is optically coupled between the output port of the polarization combiner and the transmit module, and
the optical fiber is configured to transmit the optical output signal from the output port of the polarization combiner to the transmit module.
the optical fiber is configured to transmit the optical output signal from the output port of the polarization combiner to the transmit module.
However, Claim 21 of Application No. 18/952358 differs from Claim 29 of U.S. Patent No. 12,184,402 B2 because Claim 21 of Application No. 18/952358 does not include “an electronic controller connected to the light source.”
It is clear that all the elements of the application claim 21 are to be found in patent claim 29 (as the application claim 21 fully encompasses patent claim 29). The difference between the application claim 21 and the patent claim 29 lies in the fact that the patent claim includes many more elements and thus much more specific. Thus, the invention of claim 29 of the patent is in effect a “species” of the “generic” invention of the application claim 21. It has been held that the generic invention is “anticipated” by the “species”. See In re Goodman, 29 USPQ2d 2010 (Fed. Cir. 1993). Since application claim 21 is anticipated by claim 29 of the patent, it is not patentably distinct from claim 29 of the patent.
Regarding claim 22,
Claim 22 of Application No. 18/952358
Claim 30 of US Patent No. 12,184,402 B2
The apparatus of claim 21 wherein the light source comprises an electronic controller configured to cause the first light output and the second light output to be mutually time/frequency orthogonal.
The apparatus of claim 29 wherein the electronic controller is configured to cause the first light output and the second light output to be mutually time/frequency orthogonal.
Regarding claim 23,
Claim 23 of Application No. 18/952358
Claim 31 of US Patent No. 12,184,402 B2
An apparatus for communicating optical signals modulated at a symbol rate, the apparatus comprising: an optical power supply that comprises:
An apparatus for communicating optical signals modulated at a symbol rate, the apparatus comprising: an optical power supply that comprises:
a light source configured to generate a first light output having a first optical frequency and a second light output having a second optical frequency different from the first optical frequency, each of the first and second light outputs being steady during a time interval that is significantly longer than one over the symbol rate; and
a light source and an electronic controller connected to the light source to cause the light source to generate a first light output having a first optical frequency and a second light output having a second optical frequency different from the first optical frequency, each of the first and second light outputs being steady during a time interval that is significantly longer than one over the symbol rate; and
a polarization combiner connected to receive the first and second light outputs of the light source at different respective input ports thereof, the polarization combiner being configured to generate, at an output port thereof, an optical output signal in which first and second mutually orthogonal polarization components carry light of the first and second light outputs, respectively;
a polarization combiner connected to receive the first and second light outputs of the light source at different respective input ports thereof, the polarization combiner being configured to generate, at an output port thereof, an optical output signal in which first and second mutually orthogonal polarization components carry light of the first and second light outputs, respectively;
a transmit module configured to receive the optical output signal, the transmit module including at least one optical modulator configured to modulate the optical output signal from the output port of the polarization combiner; and an optical fiber that includes one or more sections of non-polarization-maintaining fiber, in which the optical fiber is optically coupled between the output port of the polarization combiner and the transmit module, and the optical fiber is configured to transmit the optical output signal from the output port of the polarization combiner to the transmit module; wherein
a transmit module configured to receive the optical output signal, the transmit module including at least one optical modulator configured to modulate the optical output signal from the output port of the polarization combiner; and an optical fiber that includes one or more sections of non-polarization-maintaining fiber, in which the optical fiber is optically coupled between the output port of the polarization combiner and the transmit module, and the optical fiber is configured to transmit the optical output signal from the output port of the polarization combiner to the transmit module; wherein
the transmit module comprises a polarization splitter having an input port optically connected to an end of one of the sections of the non-polarization-maintaining fiber to receive light of the optical output signal, and wherein the polarization splitter has a first output port and a second output port, and
the transmit module comprises a polarization splitter having an input port optically connected to an end of one of the sections of the non-polarization-maintaining fiber to receive light of the optical output signal, and wherein the polarization splitter has a first output port and a second output port, and
the polarization splitter is configured to perform a substantially equal-power split between the first output port and the second output port regardless of polarization rotations within the one or more sections of non-polarization-maintaining optical fiber between the polarization combiner and the transmit module.
the polarization splitter is configured to perform a substantially equal-power split between the first output port and the second output port regardless of polarization rotations within the one or more sections of non-polarization-maintaining optical fiber between the polarization combiner and the transmit module.
However, Claim 23 of Application No. 18/952358 differs from Claim 31 of U.S. Patent No. 12,184,402 B2 because Claim 23 of Application No. 18/952358 does not include “an electronic controller connected to the light source.”
It is clear that all the elements of the application claim 23 are to be found in patent claim 31 (as the application claim 23 fully encompasses patent claim 31). The difference between the application claim 23 and the patent claim 31 lies in the fact that the patent claim includes many more elements and thus much more specific. Thus, the invention of claim 31 of the patent is in effect a “species” of the “generic” invention of the application claim 23. It has been held that the generic invention is “anticipated” by the “species”. See In re Goodman, 29 USPQ2d 2010 (Fed. Cir. 1993). Since application claim 23 is anticipated by claim 31 of the patent, it is not patentably distinct from claim 31 of the patent.
Regarding claim 24,
Claim 24 of Application No. 18/952358
Claim 32 of US Patent No. 12,184,402 B2
The apparatus of claim 23 wherein the light source comprises an electronic controller configured to cause the first light output and the second light output to be mutually time/frequency orthogonal.
The apparatus of claim 31 wherein the electronic controller is configured to cause the first light output and the second light output to be mutually time/frequency orthogonal.
Regarding claim 25,
Claim 25 of Application No. 18/952358
Claim 33 of US Patent No. 12,184,402 B2
An apparatus for communicating optical signals modulated at a symbol rate, the apparatus comprising: an optical power supply that comprises:
An apparatus for communicating optical signals modulated at a symbol rate, the apparatus comprising: an optical power supply that comprises:
a light source configured to generate a first light output having a first optical frequency and a second light output having a second optical frequency different from the first optical frequency, each of the first and second light outputs being steady during a time interval that is significantly longer than one over the symbol rate; and
a light source and an electronic controller connected to the light source to cause the light source to generate a first light output having a first optical frequency and a second light output having a second optical frequency different from the first optical frequency, each of the first and second light outputs being steady during a time interval that is significantly longer than one over the symbol rate; and
a polarization combiner connected to receive the first and second light outputs of the light source at different respective input ports thereof, the polarization combiner being configured to generate, at an output port thereof, an optical output signal in which first and second mutually orthogonal polarization components carry light of the first and second light outputs, respectively;
a polarization combiner connected to receive the first and second light outputs of the light source at different respective input ports thereof, the polarization combiner being configured to generate, at an output port thereof, an optical output signal in which first and second mutually orthogonal polarization components carry light of the first and second light outputs, respectively;
a transmit module configured to receive the optical output signal irrespective of polarization changes of the optical output signal, the transmit module including at least one optical modulator configured to modulate the optical output signal from the output port of the polarization combiner; and
a transmit module configured to receive the optical output signal irrespective of polarization changes of the optical output signal, the transmit module including at least one optical modulator configured to modulate the optical output signal from the output port of the polarization combiner; and
an optical fiber that includes one or more sections of non-polarization-maintaining fiber, in which the optical fiber is optically coupled between the output port of the polarization combiner and the transmit module, and the optical fiber is configured to transmit the optical output signal from the output port of the polarization combiner to the transmit module; wherein
an optical fiber that includes one or more sections of non-polarization-maintaining fiber, in which the optical fiber is optically coupled between the output port of the polarization combiner and the transmit module, and the optical fiber is configured to transmit the optical output signal from the output port of the polarization combiner to the transmit module; wherein
the light source comprises a polarization-diversity in-phase/quadrature modulator that is configured to generate two tones in a first polarization and two tones in a second polarization orthogonal to the first polarization; wherein
the light source comprises a polarization-diversity in-phase/quadrature modulator that is configured to generate two tones in a first polarization and two tones in a second polarization orthogonal to the first polarization; wherein
frequency spacing between the two tones in the first polarization and frequency spacing between the two tones in the second polarization are equal to one another; and wherein
frequency spacing between the two tones in the first polarization and frequency spacing between the two tones in the second polarization are equal to one another; and wherein
frequency spacing between a tone in the first polarization and a tone in the second polarization is an integer multiple of said equal frequency spacing.
frequency spacing between a tone in the first polarization and a tone in the second polarization is an integer multiple of said equal frequency spacing.
However, Claim 25 of Application No. 18/952358 differs from Claim 33 of U.S. Patent No. 12,184,402 B2 because Claim 25 of Application No. 18/952358 does not include “an electronic controller connected to the light source.”
It is clear that all the elements of the application claim 25 are to be found in patent claim 33 (as the application claim 25 fully encompasses patent claim 33). The difference between the application claim 25 and the patent claim 33 lies in the fact that the patent claim includes many more elements and thus much more specific. Thus, the invention of claim 33 of the patent is in effect a “species” of the “generic” invention of the application claim 25. It has been held that the generic invention is “anticipated” by the “species”. See In re Goodman, 29 USPQ2d 2010 (Fed. Cir. 1993). Since application claim 25 is anticipated by claim 33 of the patent, it is not patentably distinct from claim 33 of the patent.
Regarding claim 26,
Claim 26 of Application No. 18/952358
Claim 34 of US Patent No. 12,184,402 B2
The apparatus of claim 25 wherein a difference between the first optical frequency and the second optical frequency is approximately an integer multiple of the symbol rate.
The apparatus of claim 33 wherein a difference between the first optical frequency and the second optical frequency is approximately an integer multiple of the symbol rate.
Regarding claim 27,
Claim 27 of Application No. 18/952358
Claim 35 of US Patent No. 12,184,402 B2
An apparatus for communicating optical signals modulated at a symbol rate, the apparatus comprising: an optical power supply that comprises:
An apparatus for communicating optical signals modulated at a symbol rate, the apparatus comprising: an optical power supply that comprises:
a light source configured to generate a first light output having a first optical frequency and a second light output having a second optical frequency different from the first optical frequency, each of the first and second light outputs being steady during a time interval that is significantly longer than one over the symbol rate;
a light source and an electronic controller connected to the light source to cause the light source to generate a first light output having a first optical frequency and a second light output having a second optical frequency different from the first optical frequency, each of the first and second light outputs being steady during a time interval that is significantly longer than one over the symbol rate;
a polarization combiner connected to receive the first and second light outputs of the light source at different respective input ports thereof, the polarization combiner being configured to generate, at an output port thereof, an optical output signal in which first and second mutually orthogonal polarization components carry light of the first and second light outputs, respectively;
a polarization combiner connected to receive the first and second light outputs of the light source at different respective input ports thereof, the polarization combiner being configured to generate, at an output port thereof, an optical output signal in which first and second mutually orthogonal polarization components carry light of the first and second light outputs, respectively;
a first polarization maintaining element disposed in an optical path of the first light output between the light source and the polarization combiner; and
a first polarization maintaining element disposed in an optical path of the first light output between the light source and the polarization combiner; and
a second polarization maintaining element disposed in an optical path of the second light output between the light source and the polarization combiner;
a second polarization maintaining element disposed in an optical path of the second light output between the light source and the polarization combiner;
a transmit module configured to receive the optical output signal irrespective of polarization changes of the optical output signal, the transmit module including at least one optical modulator configured to modulate the optical output signal from the output port of the polarization combiner; and
a transmit module configured to receive the optical output signal irrespective of polarization changes of the optical output signal, the transmit module including at least one optical modulator configured to modulate the optical output signal from the output port of the polarization combiner; and
an optical fiber that includes one or more sections of non-polarization-maintaining fiber, in which the optical fiber is optically coupled between the output port of the polarization combiner and the transmit module, and
an optical fiber that includes one or more sections of non-polarization-maintaining fiber, in which the optical fiber is optically coupled between the output port of the polarization combiner and the transmit module, and
the optical fiber is configured to transmit the optical output signal from the output port of the polarization combiner to the transmit module.
the optical fiber is configured to transmit the optical output signal from the output port of the polarization combiner to the transmit module.
However, Claim 27 of Application No. 18/952358 differs from Claim 35 of U.S. Patent No. 12,184,402 B2 because Claim 27 of Application No. 18/952358 does not include “an electronic controller connected to the light source.”
It is clear that all the elements of the application claim 27 are to be found in patent claim 35 (as the application claim 27 fully encompasses patent claim 35). The difference between the application claim 27 and the patent claim 35 lies in the fact that the patent claim includes many more elements and thus much more specific. Thus, the invention of claim 35 of the patent is in effect a “species” of the “generic” invention of the application claim 27. It has been held that the generic invention is “anticipated” by the “species”. See In re Goodman, 29 USPQ2d 2010 (Fed. Cir. 1993). Since application claim 27 is anticipated by claim 35 of the patent, it is not patentably distinct from claim 35 of the patent.
Regarding claim 28,
Claim 28 of Application No. 18/952358
Claim 36 of US Patent No. 12,184,402 B2
The apparatus of claim 27 wherein the first polarization maintaining element comprises a first polarization-maintaining optical amplifier.
The apparatus of claim 35 wherein the first polarization maintaining element comprises a first polarization-maintaining optical amplifier.
Regarding claim 29,
Claim 29 of Application No. 18/952358
Claim 37 of US Patent No. 12,184,402 B2
The apparatus of claim 28 wherein the second polarization maintaining element comprises a second polarization-maintaining optical amplifier.
The apparatus of claim 36 wherein the second polarization maintaining element comprises a second polarization-maintaining optical amplifier.
Regarding claim 30,
Claim 30 of Application No. 18/952358
Claim 38 of US Patent No. 12,184,402 B2
The apparatus of claim 27 wherein the light source comprises an electronic controller configured to cause the first light output and the second light output to be mutually time/frequency orthogonal.
The apparatus of claim 35 wherein the electronic controller is configured to cause the first light output and the second light output to be mutually time/frequency orthogonal.
Regarding claim 31,
Claim 31 of Application No. 18/952358
Claim 1 of US Patent No. 12,184,402 B2
An apparatus for communicating optical signals modulated at a symbol rate, the apparatus comprising: an optical power supply that comprises:
An apparatus for communicating optical signals modulated at a symbol rate, the apparatus comprising: an optical power supply that comprises:
a light source configured to generate a first light output having a first optical frequency and a second light output having a second optical frequency different from the first optical frequency,
a light source and an electronic controller connected to the light source to cause the light source to generate a first light output having a first optical frequency and a second light output having a second optical frequency different from the first optical frequency,
each of the first and second light outputs being steady during a time interval that is significantly longer than one over the symbol rate; and
each of the first and second light outputs being steady during a time interval that is significantly longer than one over the symbol rate; and
a polarization combiner connected to receive the first and second light outputs of the light source, the polarization combiner being configured to generate, at an output port thereof, an optical output signal in which first and second mutually orthogonal polarization components carry light of the first and second light outputs, respectively;
a polarization combiner connected to receive the first light output and the second light output of the light source at a first input port and a second input port, respectively, the polarization combiner being configured to generate, at a single output port thereof, an optical output signal in which first and second mutually orthogonal polarization components carry light of the first and second light outputs, respectively,
an optical fiber that includes one or more sections of non-polarization-maintaining fiber, the optical fiber having a first end and a second end, the first end being optically connected to the output port of the polarization combiner;
and an optical fiber that includes one or more sections of non-polarization-maintaining fiber, in which the optical fiber is optically coupled between the output port of the polarization combiner and the transmit module, and
a transmit module optically connected to the second end of the optical fiber and configured to receive the optical output signal of the polarization combiner transmitted through the optical fiber irrespective of polarization changes of the optical output signal,
a transmit module configured to receive the optical output signal irrespective of polarization changes of the optical output signal
However, Claim 1 of US Patent No. 12,184,402 B2 does not expressly disclose the transmit module comprises: a polarization splitter having an input port thereof optically connected to an end of one of the sections of the optical fiber to receive light of the optical output signal, the polarization splitter comprising a first output and a second output; a first optical data modulator connected to the first output of the polarization splitter and configured to modulate a first portion of the optical output signal; and a second optical data modulator connected to the second output of the polarization splitter and configured to modulate a second portion of the optical output signal.
Claims 19 and 20 disclose the transmit module comprises: a polarization splitter having an input port thereof optically connected to an end of one of the sections of the optical fiber to receive light of the optical output signal (Claim 19, An apparatus comprising an optical transmitter that comprises: a passive polarization splitter having an optical input port and first and second optical output ports, the optical input port being optically connected to receive an optical input signal), the polarization splitter comprising a first output and a second output (Claim 19, a passive polarization splitter having an optical input port and first and second optical output ports); a first optical data modulator connected to the first output of the polarization splitter and configured to modulate a first portion of the optical output signal (Claim 19, a first optical modulator connected to the first optical output port and configured to modulate the light of the first fixed polarization received therefrom in response to a first data signal); and a second optical data modulator connected to the second output of the polarization splitter and configured to modulate a second portion of the optical output signal (Claim 20, The apparatus of claim 19, wherein the optical transmitter further comprises a second optical modulator connected to the second optical output port and configured to modulate the light of the second fixed polarization received therefrom in response to a second data signal).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add components of claims 19 and 20 to claim 1. One of ordinary skill in the art would have been motivated to do so because, although claim 1 teaches a transmit module including at least one optical modulator, it does not explain how this is implemented, claims 19 and 20 provides the missing details.
Regarding claim 32,
Claim 32 of Application No. 18/952358
Claim 2 of US Patent No. 12,184,402 B2
The apparatus of claim 31, wherein the light source comprises an electronic controller configured to cause the first light output and the second light output to be mutually time/frequency orthogonal.
The apparatus of claim 1, wherein the electronic controller is configured to cause the first light output and the second light output to be mutually time/frequency orthogonal.
Regarding claim 33,
Claim 33 of Application No. 18/952358
Claim 3 of US Patent No. 12,184,402 B2
The apparatus of claim 31 wherein the first light output comprises a first continuous-wave optical field at the first optical frequency, and the second light output comprises a second continuous-wave optical field at the second optical frequency.
The apparatus of claim 1, wherein the first light output comprises a first continuous-wave optical field at the first optical frequency, and the second light output comprises a second continuous-wave optical field at the second optical frequency.
Regarding claim 34,
Claim 34 of Application No. 18/952358
Claim 4 of US Patent No. 12,184,402 B2
The apparatus of claim 31 wherein a difference between the first optical frequency and the second optical frequency is approximately an integer multiple of the symbol rate.
The apparatus of claim 1, wherein a difference between the first optical frequency and the second optical frequency is approximately an integer multiple of the symbol rate.
Regarding claim 35,
Claim 35 of Application No. 18/952358
Claim 5 of US Patent No. 12,184,402 B2
The apparatus of claim 31 wherein the first light output comprises a first optical pulse train of a first period, and the second light output comprises a second optical pulse train of the first period.
The apparatus of claim 1, wherein the first light output comprises a first optical pulse train of a first period, and the second light output comprises a second optical pulse train of the first period.
Conclusion
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JAI M. LEE
Examiner
Art Unit 2634
/JAI M LEE/Examiner, Art Unit 2634
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