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 .
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 13, 22 and 23 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 13 depends from canceled claim 3, thus the scope is indefinite. The claim has been further examined assuming dependence from claim 13.
Claims 22 and 23 depend from nonexistent claim 31, thus the scope of each is indefinite. Each claim has been further examined assuming dependence from claim 21.
Claim Rejections - 35 USC § 103
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 9, 12, 13, 17, 20, 21, 24, 27 and 28 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Pfeiffer (US Patent Application Publication No. 2009/0110398).
Regarding claim 9, Pfeiffer discloses a device configured for communication in an optical network that includes at least one optical line terminal (OLT) and at least one optical network unit (ONU) (fig. 1 and paragraph 0016), the device including (i) diplexers, and (ii) a plurality of fiber link modules (FLM) (fig. 2b), each device comprising: (a) a first regeneration device of a first one of said plurality of fiber link modules configured in a manner suitable for connection to a respective port of a diplexer, the first regeneration device comprising:(i) an optical receiver that receives a respective one of an upstream optical signal or a downstream optical signal, the upstream optical signal from said at least one ONU and the downstream optical signal from said at least one OLT, and (ii) an optical transmitter that uses an electrical signal to regenerate and transmit the respective one of an upstream optical signal or a downstream optical signal (fig. 2b and paragraph 0015, the top OEO converter); (b) a second regeneration device of a second one of said plurality of fiber link modules configured in a manner suitable for connection to a respective port of a diplexer, the second regeneration device receiving and uses an electrical signal for regenerating the other respective one of the upstream optical signal or the downstream optical signal (fig. 2b and paragraph 0015, the bottom OEO converter); (c) the regenerated downstream optical signal is configured to be transmitted to said at least one ONU and the regenerated upstream optical signal is configured to be transmitted to said at least one OLT device (fig. 2b in light of fig. 1, paragraph 0015); and (d) the first regeneration device of said first one of said plurality of fiber link modules and the second regeneration device of said second one of said plurality of fiber link modules are each configured to be connected to a respectively different port of said at least one of the diplexers (fig. 2b, the two OEO converters connected to the diplexers).
Pfeiffer does not expressly disclose WDM for the fig. 2b diplexers. However, the fig. 2b embodiment is using upstream and downstream on the same fibers on either side of the extender, optically separating the signals using the extender's diplexers. Pfeiffer elsewhere describes using WDM and upstream burst mode (paragraph 0040). It would have been obvious to one of ordinary skill in the art at the time of the invention to use WDM wavelengths for the downstream transmission and upstream transmission for the fig. 2b embodiment, to provide the advantages of dedicated wavelengths for the upstream and downstream signals, avoiding collision and maximizing available bandwidth for each direction.
Regarding claim 12, Pfeiffer discloses the device of claim 9, wherein the optical receiver includes a photodiode to convert the received optical signal to an electrical signal, and wherein the optical transmitter includes a laser to convert the electrical signal to the regenerated downstream optical signal (paragraph 0015).
Regarding claim 13, Pfeiffer discloses the device of claim 9, including an upstream optical receiver that is a burst-mode receiver (paragraph 0040, the upstream traffic is burst mode, thus the respective receiver is a burst-mode receiver).
Regarding claim 17, Pfeiffer discloses a device configured for communication in an optical network that includes at least one optical line terminal (OLT) and at least one optical network unit (ONU) (fig. 1 and paragraph 0016), the device including (i) diplexers, and (ii) a plurality of modules (fig. 2b), each device comprising: (a) a first device of a first one of said modules configured in a manner suitable for connection to a respective port of a diplexer, the first device comprising:(i) an optical receiver that receives a respective one of an upstream optical signal or a downstream optical signal, the upstream optical signal from said at least one ONU and the downstream optical signal from said at least one OLT, and (ii) an optical transmitter that uses an electrical signal to regenerate and transmit the respective one of an upstream optical signal or a downstream optical signal (fig. 2b and paragraph 0015, the top OEO converter); (b) a second device of a second one of said modules configured in a manner suitable for connection to a respective port of a diplexer, the second device receiving the other respective one of the upstream optical signal or the downstream optical signal (fig. 2b and paragraph 0015, the bottom OEO converter); (c) the downstream optical signal is configured to be transmitted to said at least one ONU and the upstream optical signal is configured to be transmitted to said at least one OLT device (fig. 2b in light of fig. 1, paragraph 0015); and (d) the first device of said first one of said plurality of modules and the second device of said plurality of modules are each configured to be connected to a respectively different port of said at least one of the diplexers (fig. 2b, the two OEO converters connected to the diplexers).
Pfeiffer does not expressly disclose WDM for the fig. 2b diplexers. However, the fig. 2b embodiment is using upstream and downstream on the same fibers on either side of the extender, optically separating the signals using the extender's diplexers. Pfeiffer elsewhere describes using WDM and upstream burst mode (paragraph 0040). It would have been obvious to one of ordinary skill in the art at the time of the invention to use WDM wavelengths for the downstream transmission and upstream transmission for the fig. 2b embodiment, to provide the advantages of dedicated wavelengths for the upstream and downstream signals, avoiding collision and maximizing available bandwidth for each direction.
Pfeiffer does not disclose amplifiers for the fig. 2b embodiment but elsewhere discloses using them for extenders like that of fig. 2b (paragraphs 0021-0022). It would have been obvious to one of ordinary skill in the art at the time of the invention to use amplifiers in the OEO regeneration paths of the fig. 2b embodiment, to provide the benefit of predictable signal leveling before conversion back to optical.
Regarding claim 20, Pfeiffer discloses the device of claim 17, wherein the optical receiver includes a photodiode to convert the received optical signal to an electrical signal, and wherein the optical transmitter includes a laser to convert the electrical signal to the regenerated downstream optical signal (paragraph 0015).
Regarding claim 21, Pfeiffer discloses the device of claim 17, including an upstream optical receiver that is a burst-mode receiver (paragraph 0040, the upstream traffic is burst mode, thus the respective receiver is a burst-mode receiver).
Regarding claim 24, Pfeiffer discloses a device configured for communication in an optical network that includes at least one optical line terminal (OLT) and at least one optical network unit (ONU) (fig. 1 and paragraph 0016), the device including (i) diplexers, and (ii) a plurality of modules (fig. 2b), each device comprising: (a) a first device of a first one of said modules configured in a manner suitable for connection to a respective port of a diplexers, the first device receiving a respective one of an upstream optical signal and a downstream optical signal (fig. 2b and paragraph 0015, the top OEO converter); (b) a second device of a second one of said modules configured in a manner suitable for connection to a respective port of a diplexer, the second device receiving the other respective one of the upstream optical signal or the downstream optical signal (fig. 2b and paragraph 0015, the bottom OEO converter); (c) the downstream optical signal is configured to be transmitted to said at least one ONU and the upstream optical signal is configured to be transmitted to said at least one OLT device (fig. 2b in light of fig. 1, paragraph 0015); and (d) the first device of said first one of said plurality of modules and the second device of said plurality of modules are each configured to be connected to a respectively different port of said at least one the diplexers (fig. 2b, the two OEO converters connected to the diplexers).
Pfeiffer does not expressly disclose WDM for the fig. 2b diplexers. However, the fig. 2b embodiment is using upstream and downstream on the same fibers on either side of the extender, optically separating the signals using the extender's diplexers. Pfeiffer elsewhere describes using WDM and upstream burst mode (paragraph 0040). It would have been obvious to one of ordinary skill in the art at the time of the invention to use WDM wavelengths for the downstream transmission and upstream transmission for the fig. 2b embodiment, to provide the advantages of dedicated wavelengths for the upstream and downstream signals, avoiding collision and maximizing available bandwidth for each direction.
Pfeiffer does not disclose amplifiers for the fig. 2b embodiment but elsewhere discloses using them for extenders like that of fig. 2b (paragraphs 0021-0022). It would have been obvious to one of ordinary skill in the art at the time of the invention to use amplifiers in the OEO regeneration paths of the fig. 2b embodiment, to provide the benefit of predictable signal leveling before conversion back to optical.
Regarding claim 27, Pfeiffer discloses the device of claim 24, wherein the first module includes an optical receiver that includes a photodiode to convert the received optical signal to an electrical signal, and wherein the optical transmitter includes a laser to convert the electrical signal to a regenerated downstream optical signal (paragraph 0015).
Regarding claim 28, Pfeiffer discloses the device of claim 24, including an upstream optical receiver that is a burst-mode receiver (paragraph 0040, the upstream traffic is burst mode, thus the respective receiver is a burst-mode receiver).
Claims 10, 11, 18, 29, 25 and 26 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Pfeiffer (US Patent Application Publication No. 2009/0110398) in view of Boyd et al. (“Boyd”) (US Patent Application Publication No. 2010/0098412).
Regarding claim 10, Pfeiffer discloses the device of claim 9, but does not disclose that a wavelength of the upstream optical signal differs from a wavelength of the regenerated upstream optical signal. Boyd discloses regeneration for a PON, including using different wavelengths at the regeneration node for OLT side and ONU side (fig. 3 and paragraphs 0041-0045). It would have been obvious to one of ordinary skill in the art at the time of the invention to use expanded WDM for the system and to modify each of the upstream and downstream devices to use different wavelengths for the OLT side and ONU side, since expanded WDM provides the benefit of increasing the system capacity and the different wavelengths on the OLT side allows traffic aggregation, where the different wavelengths on the ONU side allow for the possibility of using the same wavelength value for each ONU, avoiding tying ONUs to specific wavelengths.
Regarding claim 11, Pfeiffer discloses the device of claim 9, but does not disclose that a wavelength of the downstream optical signal differs from a wavelength of the regenerated downstream optical signal. Boyd discloses regeneration for a PON, including using different wavelengths at the regeneration node for OLT side and ONU side (fig. 3 and paragraphs 0041-0045). It would have been obvious to one of ordinary skill in the art at the time of the invention to use expanded WDM for the system and to modify each of the upstream and downstream devices to use different wavelengths for the OLT side and ONU side, since expanded WDM provides the benefit of increasing the system capacity and the different wavelengths on the OLT side allows traffic aggregation, where the different wavelengths on the ONU side allow for the possibility of using the same wavelength value for each ONU, avoiding tying ONUs to specific wavelengths.
Regarding claim 18, Pfeiffer discloses the device of claim 17, but does not disclose that a wavelength of the upstream optical signal differs from a wavelength of the regenerated upstream optical signal. Boyd discloses regeneration for a PON, including using different wavelengths at the regeneration node for OLT side and ONU side (fig. 3 and paragraphs 0041-0045). It would have been obvious to one of ordinary skill in the art at the time of the invention to use expanded WDM for the system and to modify each of the upstream and downstream devices to use different wavelengths for the OLT side and ONU side, since expanded WDM provides the benefit of increasing the system capacity and the different wavelengths on the OLT side allows traffic aggregation, where the different wavelengths on the ONU side allow for the possibility of using the same wavelength value for each ONU, avoiding tying ONUs to specific wavelengths.
Regarding claim 19, Pfeiffer discloses the device of claim 17, but does not disclose that a wavelength of the downstream optical signal differs from a wavelength of the regenerated downstream optical signal. Boyd discloses regeneration for a PON, including using different wavelengths at the regeneration node for OLT side and ONU side (fig. 3 and paragraphs 0041-0045). It would have been obvious to one of ordinary skill in the art at the time of the invention to use expanded WDM for the system and to modify each of the upstream and downstream devices to use different wavelengths for the OLT side and ONU side, since expanded WDM provides the benefit of increasing the system capacity and the different wavelengths on the OLT side allows traffic aggregation, where the different wavelengths on the ONU side allow for the possibility of using the same wavelength value for each ONU, avoiding tying ONUs to specific wavelengths.
Regarding claim 25, Pfeiffer discloses the device of claim 24, but does not disclose that a wavelength of the upstream optical signal differs from a wavelength of the regenerated upstream optical signal. Boyd discloses regeneration for a PON, including using different wavelengths at the regeneration node for OLT side and ONU side (fig. 3 and paragraphs 0041-0045). It would have been obvious to one of ordinary skill in the art at the time of the invention to use expanded WDM for the system and to modify each of the upstream and downstream devices to use different wavelengths for the OLT side and ONU side, since expanded WDM provides the benefit of increasing the system capacity and the different wavelengths on the OLT side allows traffic aggregation, where the different wavelengths on the ONU side allow for the possibility of using the same wavelength value for each ONU, avoiding tying ONUs to specific wavelengths.
Regarding claim 26, Pfeiffer discloses the device of claim 24, but does not disclose that a wavelength of the downstream optical signal differs from a wavelength of the regenerated downstream optical signal. Boyd discloses regeneration for a PON, including using different wavelengths at the regeneration node for OLT side and ONU side (fig. 3 and paragraphs 0041-0045). It would have been obvious to one of ordinary skill in the art at the time of the invention to use expanded WDM for the system and to modify each of the upstream and downstream devices to use different wavelengths for the OLT side and ONU side, since expanded WDM provides the benefit of increasing the system capacity and the different wavelengths on the OLT side allows traffic aggregation, where the different wavelengths on the ONU side allow for the possibility of using the same wavelength value for each ONU, avoiding tying ONUs to specific wavelengths.
Claims 14, 22 and 29 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Pfeiffer (US Patent Application Publication No. 2009/0110398) in view of Bowler et al. ("Bowler") (US Patent No. 6420928).
Regarding claim 14, Pfeiffer disclose the device of claim 13, but does not disclose that the burst-mode receiver is an AC-coupled pre-amplifier. Bowler discloses an AC-coupled pre-amplifier burst mode receiver (fig. 3 and col. 4 line 66 to col. 5 line 10). It would have been obvious to one of ordinary skill in the art at the time of the invention to use an AC-coupled pre-amplifier burst mode receiver arrangement like that taught by Bowler, for the receiver of Pfeiffer, to provide the benefit of being able to maintain the voltage for a long string of 1s or 0s and also response to a weak signal in a subsequent burst.
Regarding claim 22, Pfeiffer discloses the device of claim [21], but does not disclose that the burst-mode receiver is an AC-coupled pre-amplifier. Bowler discloses an AC-coupled pre-amplifier burst mode receiver (fig. 3 and col. 4 line 66 to col. 5 line 10). It would have been obvious to one of ordinary skill in the art at the time of the invention to use an AC-coupled pre-amplifier burst mode receiver arrangement like that taught by Bowler, for the receiver of Pfeiffer, to provide the benefit of being able to maintain the voltage for a long string of 1s or 0s and also response to a weak signal in a subsequent burst.
Regarding claim 29, Pfeiffer discloses the device of claim 28, but does not disclose that the burst-mode receiver is an AC-coupled pre-amplifier. Bowler discloses an AC-coupled pre-amplifier burst mode receiver (fig. 3 and col. 4 line 66 to col. 5 line 10). It would have been obvious to one of ordinary skill in the art at the time of the invention to use an AC-coupled pre-amplifier burst mode receiver arrangement like that taught by Bowler, for the receiver of Pfeiffer, to provide the benefit of being able to maintain the voltage for a long string of 1s or 0s and also response to a weak signal in a subsequent burst.
Claims 15 and 23 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Pfeiffer (US Patent Application Publication No. 2009/0110398) in view of Stepheson (US Patent Application Publication No. 2002/0027688).
Regarding claim 15, Pfeiffer discloses the device of claim [13], including an upstream optical transmitter (fig. 2b), but does not disclose that the transmitter includes an automatic power control (APC) loop to accommodate the burst-mode receiver. However, Stephenson discloses using an automatic power control loop for an optical burst transmitter (fig. 4 and paragraphs 0014-0017). It would have been obvious to one of ordinary skill in the art at the time of the invention to use an automatic power control loop arrangement like that of Stephenson for the transmitter of Pfeiffer to provide the benefit of laser power control compatible with burst transmission.
Regarding claim 23, Pfeiffer discloses the device of claim [21], including an upstream optical transmitter (fig. 2b), but does not disclose an upstream optical transmitter that includes an automatic power control (APC) loop to accommodate the burst-mode receiver. However, Stephenson discloses using an automatic power control loop for an optical burst transmitter (fig. 4 and paragraphs 0014-0017). It would have been obvious to one of ordinary skill in the art at the time of the invention to use an automatic power control loop arrangement like that of Stephenson for the transmitter of Pfeiffer to provide the benefit of laser power control compatible with burst transmission.
Claim 30 is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Pfeiffer (US Patent Application Publication No. 2009/0110398) in view of Bowler (US Patent No. 6420928), and further in view of Stepheson (US Patent Application Publication No. 2002/0027688).
Regarding claim 30, Pfeiffer discloses the device of claim 29, including an upstream optical transmitter (fig. 2b), but does not disclose an upstream optical transmitter that includes an automatic power control (APC) loop to accommodate the burst-mode receiver. However, Stephenson discloses using an automatic power control loop for an optical burst transmitter (fig. 4 and paragraphs 0014-0017). It would have been obvious to one of ordinary skill in the art at the time of the invention to use an automatic power control loop arrangement like that of Stephenson for the transmitter of Pfeiffer to provide the benefit of laser power control compatible with burst transmission.
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 9-15 and 17-30 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-7 of U.S. Patent No. 11916658. Although the claims at issue are not identical, they are not patentably distinct from each other because the present claims are anticipated by the patented claims.
Present Claims
Patented Claims
9. A device configured for communication in an optical network that includes at least one optical line terminal (OLT) and at least one optical network unit (ONU), the device including (i) at least one of a wavelength division multiplexer and a wavelength division demultiplexer, and (ii) a plurality of fiber link modules (FLM), each device comprising:
(a) a first regeneration device of a first one of said plurality of fiber link modules configured in a manner suitable for connection to a respective port of said at least one of said wavelength division multiplexer and said wavelength division demultiplexer, the first regeneration device comprising: (i) an optical receiver that receives a respective one of an upstream optical signal or a downstream optical signal, the upstream optical signal from said at least one ONU and the downstream optical signal from said at least one OLT; and
(ii) an optical transmitter that uses an electrical signal to regenerate and transmit the respective one of an upstream optical signal or a downstream optical signal;
(b) a second regeneration device of a second one of said plurality of fiber link modules configured in a manner suitable for connection to a respective port of said at least one of said wavelength division multiplexer and said wavelength division demultiplexer, the second regeneration device receiving and uses an electrical signal for regenerating the other respective one of the upstream optical signal or the downstream optical signal; (c) the regenerated downstream optical signal is configured to be transmitted to said at least one ONU and
the regenerated upstream optical signal is configured to be transmitted to said at least one OLT device; and
(d) the first regeneration device of said first one of said plurality of fiber link modules and the second regeneration device of said second one of said plurality of fiber link modules are each configured to be connected to a respectively different port of said at least one of said wavelength division multiplexer and said wavelength division demultiplexer.
1. A device configured for communication in a passive optical network that includes at least one optical line terminal (OLT) and at least one optical network unit (ONU), the device including at least one of a wavelength division multiplexer and a wavelength division demultiplexer, and a plurality of fiber link modules (FLM), each FLM comprising:
an upstream multiplex conversion device (MCD) connected to a respective port of each at least one of a wavelength division multiplexer and a wavelength division demultiplexer, the upstream MCD comprising: an upstream optical receiver that receives an upstream optical signal from said at least one ONU; and
an upstream optical transmitter having a laser that transmits a regenerated upstream optical signal to said at least one OLT, wherein the upstream optical receiver is a burst-mode receiver electrically coupled to the upstream optical transmitter, and the upstream optical receiver and the upstream optical transmitter are configured to provide an enable/disable signal for the laser from the upstream optical receiver to the upstream optical transmitter; and
a downstream MCD connected to the respective port of each at least one of a wavelength division multiplexer and a wavelength division demultiplexer, the downstream MCD comprising: a downstream optical receiver that receives a downstream optical signal from said at least one OLT, wherein the downstream optical signal is a wavelength division multiplexing (WDM) signal; a downstream optical transmitter that transmits a regenerated downstream optical signal to said at least one ONU;
[from above… an upstream optical transmitter having a laser that transmits a regenerated upstream optical signal to said at least one OLT…]
where the upstream MCD and downstream MCD of each FLM is connected to a respective port of each at least one of a wavelength division multiplexer and a wavelength division demultiplexer that is different than that of other ones of the plurality of FLMs.
10. The device of claim 9, wherein a wavelength of the upstream optical signal differs from a wavelength of the regenerated upstream optical signal.
2. The device of claim 1, wherein a wavelength of the upstream optical signal differs from a wavelength of the regenerated upstream optical signal.
11. The device of claim 9, wherein a wavelength of the downstream optical signal differs from a wavelength of the regenerated downstream optical signal.
3. The device of claim 1, wherein a wavelength of the downstream optical signal differs from a wavelength of the regenerated downstream optical signal.
12. The device of claim 9, wherein the optical receiver includes a photodiode to convert the received optical signal to an electrical signal, and wherein the optical transmitter includes a laser to convert the electrical signal to the regenerated downstream optical signal.
4. The device of claim 1, wherein the downstream optical receiver includes a photodiode to convert the downstream optical signal to a downstream electrical signal, and wherein the downstream optical transmitter includes a laser to convert the downstream electrical signal to the regenerated downstream optical signal.
12. The device of claim 9, wherein the optical receiver includes a photodiode to convert the received optical signal to an electrical signal, and wherein the optical transmitter includes a laser to convert the electrical signal to the regenerated downstream optical signal.
4. The device of claim 1, wherein the downstream optical receiver includes a photodiode to convert the downstream optical signal to a downstream electrical signal, and wherein the downstream optical transmitter includes a laser to convert the downstream electrical signal to the regenerated downstream optical signal.
13. The device of claim 9, including an upstream optical receiver that is a burst-mode receiver.
5. The device of claim 1, wherein the upstream optical receiver is a burst-mode receiver without media access control (MAC) information to receive the upstream optical signal.
14. The device of claim 13, wherein the burst-mode receiver is an AC-coupled pre-amplifier.
6. The device of claim 5, wherein the burst-mode receiver is an AC-coupled pre-amplifier.
15. The device of claim 3, including an upstream optical transmitter that includes an automatic power control (APC) loop to accommodate the burst-mode receiver.
7. The device of claim 5, wherein the upstream optical transmitter includes an automatic power control (APC) loop to accommodate the burst-mode receiver.
17. A device configured for communication in an optical network that includes at least one optical line terminal (OLT) and at least one optical network unit (ONU), the device including (i) at least one of a wavelength division multiplexer and a wavelength division demultiplexer, and (ii) a plurality of modules, each device comprising:
(a) a first device of a first one of said modules configured in a manner suitable for connection to a respective port of said at least one of said wavelength division multiplexer and said wavelength division demultiplexer, the first device comprising: (i) an optical receiver that receives a respective one of an upstream optical signal or a downstream optical signal, the upstream optical signal from said at least one ONU and the downstream optical signal from said at least one OLT; and
(ii) an optical transmitter that uses an electrical signal to regenerate and transmit the respective one of an upstream optical signal or a downstream optical signal;
(b) a second device of a second one of said modules configured in a manner suitable for connection to a respective port of said at least one of said wavelength division multiplexer and said wavelength division demultiplexer, the second device receiving and amplifying the other respective one of the upstream optical signal or the downstream optical signal;
(c) the downstream optical signal is configured to be transmitted to said at least one ONU and the upstream optical signal is configured to be transmitted to said at least one OLT device; and
(d) the first device of said first one of said plurality of modules and the second device of said plurality of modules are each configured to be connected to a respectively different port of said at least one of said wavelength division multiplexer and said wavelength division demultiplexer.
1. A device configured for communication in a passive optical network that includes at least one optical line terminal (OLT) and at least one optical network unit (ONU), the device including at least one of a wavelength division multiplexer and a wavelength division demultiplexer, and a plurality of fiber link modules (FLM), each FLM comprising:
an upstream multiplex conversion device (MCD) connected to a respective port of each at least one of a wavelength division multiplexer and a wavelength division demultiplexer, the upstream MCD comprising: an upstream optical receiver that receives an upstream optical signal from said at least one ONU; and
an upstream optical transmitter having a laser that transmits a regenerated upstream optical signal to said at least one OLT, wherein the upstream optical receiver is a burst-mode receiver electrically coupled to the upstream optical transmitter, and the upstream optical receiver and the upstream optical transmitter are configured to provide an enable/disable signal for the laser from the upstream optical receiver to the upstream optical transmitter; and
a downstream MCD connected to the respective port of each at least one of a wavelength division multiplexer and a wavelength division demultiplexer, the downstream MCD comprising: a downstream optical receiver that receives a downstream optical signal from said at least one OLT, wherein the downstream optical signal is a wavelength division multiplexing (WDM) signal;
a downstream optical transmitter that transmits a regenerated downstream optical signal to said at least one ONU;
where the upstream MCD and downstream MCD of each FLM is connected to a respective port of each at least one of a wavelength division multiplexer and a wavelength division demultiplexer that is different than that of other ones of the plurality of FLMs.
The patent claim does not claim the second device amplifying the other respective one of the upstream optical signal or the downstream optical signal. However, claim 6 of the patent recites using an AC coupled pre-amplifier for a receiver. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to recite an amplifier with the receiver of the second device, for boosting or leveling a received signal for achieving predictable levels in subsequent processing and transmission.
18. The device of claim 17, wherein a wavelength of the upstream optical signal differs from a wavelength of the regenerated upstream optical signal.
2. The device of claim 1, wherein a wavelength of the upstream optical signal differs from a wavelength of the regenerated upstream optical signal.
19. The device of claim 17, wherein a wavelength of the downstream optical signal differs from a wavelength of the regenerated downstream optical signal.
3. The device of claim 1, wherein a wavelength of the downstream optical signal differs from a wavelength of the regenerated downstream optical signal.
20. The device of claim 17, wherein the optical receiver includes a photodiode to convert the received optical signal to an electrical signal, and wherein the optical transmitter includes a laser to convert the electrical signal to the regenerated downstream optical signal.
4. The device of claim 1, wherein the downstream optical receiver includes a photodiode to convert the downstream optical signal to a downstream electrical signal, and wherein the downstream optical transmitter includes a laser to convert the downstream electrical signal to the regenerated downstream optical signal.
21. The device of claim 17, including an upstream optical receiver that is a burst-mode receiver.
5. The device of claim 1, wherein the upstream optical receiver is a burst-mode receiver without media access control (MAC) information to receive the upstream optical signal.
22. The device of claim 31, wherein the burst-mode receiver is an AC-coupled pre-amplifier.
6. The device of claim 5, wherein the burst-mode receiver is an AC-coupled pre-amplifier.
23. The device of claim 31, including an upstream optical transmitter that includes an automatic power control (APC) loop to accommodate the burst-mode receiver.
7. The device of claim 5, wherein the upstream optical transmitter includes an automatic power control (APC) loop to accommodate the burst-mode receiver.
24. A device configured for communication in an optical network that includes at least one optical line terminal (OLT) and at least one optical network unit (ONU), the device including (i) at least one of a wavelength division multiplexer and a wavelength division demultiplexer, and (ii) a plurality of modules, each device comprising:
(a) a first device of a first one of said modules configured in a manner suitable for connection to a respective port of said at least one of said wavelength division multiplexer and said wavelength division demultiplexer, the first device receiving and amplifying a respective one of an upstream optical signal and a downstream optical signal;
(b) a second device of a second one of said modules configured in a manner suitable for connection to a respective port of said at least one of said wavelength division multiplexer and said wavelength division demultiplexer, the second device receiving and amplifying the other respective one of the upstream optical signal or the downstream optical signal; (c) the downstream optical signal is configured to be transmitted to said at least one ONU
and the upstream optical signal is configured to be transmitted to said at least one OLT device; and
(d) the first device of said first one of said plurality of modules and the second device of said plurality of modules are each configured to be connected to a respectively different port of said at least one of said wavelength division multiplexer and said wavelength division demultiplexer.
1. A device configured for communication in a passive optical network that includes at least one optical line terminal (OLT) and at least one optical network unit (ONU), the device including at least one of a wavelength division multiplexer and a wavelength division demultiplexer, and a plurality of fiber link modules (FLM), each FLM comprising:
an upstream multiplex conversion device (MCD) connected to a respective port of each at least one of a wavelength division multiplexer and a wavelength division demultiplexer, the upstream MCD comprising: an upstream optical receiver that receives an upstream optical signal from said at least one ONU; and an upstream optical transmitter having a laser that transmits a regenerated upstream optical signal to said at least one OLT, wherein the upstream optical receiver is a burst-mode receiver electrically coupled to the upstream optical transmitter, and the upstream optical receiver and the upstream optical transmitter are configured to provide an enable/disable signal for the laser from the upstream optical receiver to the upstream optical transmitter; and
a downstream MCD connected to the respective port of each at least one of a wavelength division multiplexer and a wavelength division demultiplexer, the downstream MCD comprising: a downstream optical receiver that receives a downstream optical signal from said at least one OLT, wherein the downstream optical signal is a wavelength division multiplexing (WDM) signal; a downstream optical transmitter that transmits a regenerated downstream optical signal to said at least one ONU;
[from above… an upstream optical transmitter having a laser that transmits a regenerated upstream optical signal to said at least one OLT…]
where the upstream MCD and downstream MCD of each FLM is connected to a respective port of each at least one of a wavelength division multiplexer and a wavelength division demultiplexer that is different than that of other ones of the plurality of FLMs.
The patent claim does not claim the first and second devices amplifying the respective received signals. However, claim 6 of the patent recites using an AC coupled pre-amplifier for a receiver. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to recite an amplifier with the receivers of the devices, for boosting or leveling a received signal for achieving predictable levels in subsequent processing and transmission.
25. The device of claim 24, wherein a wavelength of the upstream optical signal differs from a wavelength of the regenerated upstream optical signal.
2. The device of claim 1, wherein a wavelength of the upstream optical signal differs from a wavelength of the regenerated upstream optical signal.
26. The device of claim 24, wherein a wavelength of the downstream optical signal differs from a wavelength of the regenerated downstream optical signal.
3. The device of claim 1, wherein a wavelength of the downstream optical signal differs from a wavelength of the regenerated downstream optical signal.
27. The device of claim 24, wherein the first module includes an optical receiver that includes a photodiode to convert the received optical signal to an electrical signal, and wherein the optical transmitter includes a laser to convert the electrical signal to a regenerated downstream optical signal.
4. The device of claim 1, wherein the downstream optical receiver includes a photodiode to convert the downstream optical signal to a downstream electrical signal, and wherein the downstream optical transmitter includes a laser to convert the downstream electrical signal to the regenerated downstream optical signal.
28. The device of claim 24, including an upstream optical receiver that is a burst-mode receiver.
5. The device of claim 1, wherein the upstream optical receiver is a burst-mode receiver without media access control (MAC) information to receive the upstream optical signal.
29. The device of claim 28, wherein the burst-mode receiver is an AC-coupled pre-amplifier.
6. The device of claim 5, wherein the burst-mode receiver is an AC-coupled pre-amplifier.
30. The device of claim 29, including an upstream optical transmitter that includes an automatic power control (APC) loop to accommodate the burst-mode receiver.
7. The device of claim 5, wherein the upstream optical transmitter includes an automatic power control (APC) loop to accommodate the burst-mode receiver.
Allowable Subject Matter
Claim 16 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATHAN M CORS whose telephone number is (571)272-3028. The examiner can normally be reached Monday-Friday.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kenneth Vanderpuye can be reached at 571-272-3078. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/NATHAN M CORS/Primary Examiner, Art Unit 2634
