Prosecution Insights
Last updated: July 17, 2026
Application No. 18/960,609

METHOD AND APPARATUS FOR REGULATING POWER SUPPLIED BY A LOCAL OSCILLATOR SOURCE IN AN OPTICAL MODEM

Non-Final OA §103§112
Filed
Nov 26, 2024
Examiner
SHAMEEM, ASIF ISLAM
Art Unit
2634
Tech Center
2600 — Communications
Assignee
Ciena Corporation
OA Round
1 (Non-Final)
85%
Grant Probability
Favorable
1-2
OA Rounds
9m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 85% — above average
85%
Career Allowance Rate
17 granted / 20 resolved
+23.0% vs TC avg
Strong +18% interview lift
Without
With
+17.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
15 currently pending
Career history
38
Total Applications
across all art units

Statute-Specific Performance

§103
76.7%
+36.7% vs TC avg
§102
3.3%
-36.7% vs TC avg
§112
16.7%
-23.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 20 resolved cases

Office Action

§103 §112
Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . 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. Claim 3 is 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. Regarding Claim 3, Claim 3 recites the limitation “the adjustment of the optical power of the LO signal adjusts the photocurrent produced by the one or more photodetectors on a signal path to improve operation of an analog-to-digital converter (ADC)”. In Line 3. It is unclear from the claim or specification how the adjusted photocurrent will “improves operation of an ADC”. Claim Rejections - 35 USC § 103 The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. Claim(s) 1-3, 4-7, 9, and 11-20 are rejected under 35 U.S.C. 103 as being unpatentable over Yamauchi (US 20230283395) and further in view of Zhang (US 11876564). Consider Claim 1, Yamauchi discloses a method performed by an optical modem, comprising: mixing a local oscillator (LO) signal produced by a LO source and an incoming optical signal to produce a received optical signal (Figure 6, where element 12 mixes signal element 21 and LO signal element 22); directing the received optical signal to one or more photodetectors to produce a photocurrent that is supplied to an amplifier (Figure 6, Figure 2, and paragraph 0042, where combined signal element 23 is provided to element 13 which outputs a current to amplifier element 18); monitoring the photocurrent supplied to the amplifier (Figure 6 and paragraph 0043, where monitoring signal is generated from element 26 which corresponds to power of element 23) but does not disclose responsive to the monitoring, causing the LO source to perform an adjustment of an optical power of the LO signal to control the photocurrent supplied to the amplifier. However, Zhang discloses responsive to the monitoring, causing the LO source to perform an adjustment of an optical power of the LO signal to control the photocurrent supplied to the amplifier (Figure 6, element 618 and Column 10, Lines 58-61, where element 618 uses loop element 620 to control power of LO element 610 until electrical output 612 is at desired range, where element 612 enters amplifier elements 616). Therefore, it would have been obvious to one of ordinary skill in the art before theeffective filing date of applicant’s claimed invention to have incorporated the teachingsof Zhang into Yamauchi to prevent system from having excess power. Consider Claim 2, Yamauchi does not disclose the limitations of this claim. However, Zhang discloses the method of claim 1, wherein the adjustment of the optical power of the LO signal prevents the photocurrent produced by the one or more photodetectors from exceeding an operational threshold (Figure 6, element 618 and Column 10, Lines 58-61, where element 618 uses loop element 620 to control power of LO element 610 until electrical output 612 is at desired range). Therefore, it would have been obvious to one of ordinary skill in the art before theeffective filing date of applicant’s claimed invention to have incorporated the teachingsof Zhang into Yamauchi to prevent system from having excess power. Claim 3 is rejected for the same reasons as claim 2 because claim 3 recites “the adjustment of the optical power of the LO signal adjusts the photocurrent produced by the one or more photodetectors on a signal path to improve operation of an analog-to-digital converter (ADC). Yamauchi does teach ADCs connected to the amplifier circuit (Fig. 3). Yamauchi fails to teach LO signal adjustment that improves the operation of the ADC. Zhang teaches control power of LO element 610 until electrical output 612 is at desired range. It is well known in the art that adjusting the power of the LO will control the photocurrent produced by the photodetectors and inherently the operation of the ADC. Because if the photodetectors exceed their operational threshold, the ADC will produce errors in the A/D conversion. Hence by controlling LO power both the Photodetector and the ADC will operate within their operational threshold. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s claimed invention to have incorporated the teachings of Zhang into Yamauchi to prevent the photodetectors and hence the ADC producing errors in the A/D conversion. Consider Claim 4, Yamauchi discloses the method of claim 1, wherein the monitoring the photocurrent is performed by a detection circuit (Figure 6, element 14) that performs a measurement of the photocurrent (Figure 6, where circuit element 14 sends element 26, which is based in initial current element 24, to element 17 for monitoring purposes). Therefore, it would have been obvious to one of ordinary skill in the art before theeffective filing date of applicant’s claimed invention to have incorporated the teachingsof Zhang into Yamauchi to prevent system from having excess power. Consider Claim 5, Yamauchi discloses the method of claim 4, wherein the detection circuit comprises a received signal strength indicator (RSSI) circuit (Paragraph 0044-046 where operation of elements 15 and 16 are based on power level of signal element 23). Therefore, it would have been obvious to one of ordinary skill in the art before theeffective filing date of applicant’s claimed invention to have incorporated the teachingsof Zhang into Yamauchi to prevent system from having excess power. Consider Claim 6, Yamauchi discloses the method of claim 4, wherein the detection circuit has a tunable gain (Figure 2, where element 16 generates signal for gain control). Therefore, it would have been obvious to one of ordinary skill in the art before theeffective filing date of applicant’s claimed invention to have incorporated the teachingsof Zhang into Yamauchi to prevent system from having excess power. Consider Claim 7, Yamauchi discloses the method of claim 6, further comprising adjusting the tunable gain of the detection circuit to adjust the measurement produced by the detection circuit (Paragraph 0045, where element 16 affects element 26 which is sent to monitoring element 17). Therefore, it would have been obvious to one of ordinary skill in the art before theeffective filing date of applicant’s claimed invention to have incorporated the teachingsof Zhang into Yamauchi to prevent system from having excess power. Consider Claim 9, Yamauchi discloses the method of claim 1, wherein the amplifier comprises a transimpedance amplifier (Figure 2, element 18). Therefore, it would have been obvious to one of ordinary skill in the art before theeffective filing date of applicant’s claimed invention to have incorporated the teachingsof Zhang into Yamauchi to prevent system from having excess power. Consider Claim 11, Yamauchi discloses the method of claim 1, wherein the LO source is not shared with a transmitter of the optical modem (Figure 6, where LO element 71 outputs signal element 22 and signal element 21 are different). Therefore, it would have been obvious to one of ordinary skill in the art before theeffective filing date of applicant’s claimed invention to have incorporated the teachingsof Zhang into Yamauchi to prevent system from having excess power. Consider Claim 12, Yamauchi discloses the method of claim 1, further comprising tuning a wavelength of the LO source to match the incoming optical signal (Paragraph 0034, where LO signal 22 is capable of changing wavelength to correspond to wavelength of incoming signal element 21). Therefore, it would have been obvious to one of ordinary skill in the art before theeffective filing date of applicant’s claimed invention to have incorporated the teachingsof Zhang into Yamauchi to prevent system from having excess power. Consider Claim 13, Yamauchi discloses an optical modem, comprising: a local oscillator (LO) source configured to produce a LO signal (Figure 6, element 71); a mixer configured to mix the LO signal and an incoming optical signal to produce a received optical signal (Figure 6, where element 12 mixes signal element 21 and LO signal element 22); one or more photodetectors configured to produce a photocurrent from the received optical signal (Figure 6, Figure 2, and paragraph 0042, where combined signal element 23 is provided to element 13 which outputs a current signal element 24); an amplifier configured to generate an output signal based on the photocurrent (Paragraph 0043 and Figure 2, where element 18 outputs voltage signal based on current signal element 24); and a controller performing operations (Figure 6, element 72) monitoring the photocurrent supplied to the amplifier (Figure 6 and paragraph 0043, where monitoring signal is generated from element 26 which corresponds to power of element 23); but does not disclose responsive to the monitoring, causing the LO source to perform an adjustment of an optical power of the LO signal to control the photocurrent supplied to the amplifier. However, Zhang discloses and responsive to the monitoring, causing the LO source to perform an adjustment of an optical power of the LO signal to control the photocurrent supplied to the amplifier (Figure 6, element 618 and Column 10, Lines 58-61, where element 618 uses loop element 620 to control power of LO element 610 until electrical output 612 is at desired range, where element 612 enters amplifier elements 616). Therefore, it would have been obvious to one of ordinary skill in the art before theeffective filing date of applicant’s claimed invention to have incorporated the teachingsof Zhang into Yamauchi to prevent system from having excess power. Consider Claim 14, Yamauchi does not disclose the limitations of this claim. However, Zhang discloses the optical modem of claim 13, wherein the adjustment of the optical power of the LO signal prevents the photocurrent produced by the one or more photodetectors from exceeding an operational threshold (Figure 6, element 618 and Column 10, Lines 58-61, where element 618 uses loop element 620 to control power of LO element 610 until electrical output 612 is at desired range). Therefore, it would have been obvious to one of ordinary skill in the art before theeffective filing date of applicant’s claimed invention to have incorporated the teachingsof Zhang into Yamauchi to prevent system from having excess power. Consider Claim 15, Yamauchi discloses the optical modem of claim 13, further comprising a detection circuit (Figure 6, element 14) configured to produce a measurement for monitoring the photocurrent supplied to the amplifier (Figure 6 and Figure 2, where circuit element 14 sends element 26, which is based in initial current element 24 sent to TIA element 24, to element 17 for monitoring purposes). Therefore, it would have been obvious to one of ordinary skill in the art before theeffective filing date of applicant’s claimed invention to have incorporated the teachingsof Zhang into Yamauchi to prevent system from having excess power. Consider Claim 16, Yamauchi discloses the optical modem of claim 15, wherein the detection circuit comprises a received signal strength indicator (RSSI) circuit (Paragraph 0044-046 where operation of elements 15 and 16 are based on power level of signal element 23). Therefore, it would have been obvious to one of ordinary skill in the art before theeffective filing date of applicant’s claimed invention to have incorporated the teachingsof Zhang into Yamauchi to prevent system from having excess power. Consider Claim 17, Yamauchi discloses the optical modem of claim 15, wherein the detection circuit has a tunable gain (Figure 2, where element 16 generates signal for gain control), and wherein the operations of the controller further comprise adjusting the tunable gain of the detection circuit to adjust the measurement produced by the detection circuit (Paragraph 0045, where element 16 affects element 26 which is sent to monitoring element 17). Therefore, it would have been obvious to one of ordinary skill in the art before theeffective filing date of applicant’s claimed invention to have incorporated the teachingsof Zhang into Yamauchi to prevent system from having excess power. Consider Claim 18, Yamauchi discloses monitoring a measurement associated with a photocurrent supplied to an amplifier (Figure 6 and paragraph 0043, where monitoring signal is generated from element 26 which corresponds to power of element 23), wherein the photocurrent is produced by one or more photodetectors according to a received optical signal (Figure 6, Figure 2, and paragraph 0042, where combined signal element 23 is provided to element 13 which outputs a current signal element 24) produced by mixing a local oscillator (LO) signal produced by a LO source and an incoming optical signal (Figure 6 and Figure 2, where element 23 is produced by mixing incoming signal element 21 and LO signal element 22 via mixer element 12)) but does not disclose a non-transitory machine-readable medium, comprising executable instructions that, when executed by a processing system including a processor, facilitate performance of operations, the operations comprising: responsive to the monitoring, causing the LO source to perform an adjustment of an optical power of the LO signal to control the photocurrent supplied to the amplifier. However, Figure 6 of Zhang discloses the operations comprising: responsive to the monitoring, causing the LO source to perform an adjustment of an optical power of the LO signal to control the photocurrent supplied to the amplifier (Figure 6, element 618 and Column 10, Lines 58-61, where element 618 uses loop element 620 to control power of LO element 610 until electrical output 612 is at desired range, where element 612 enters amplifier elements 616) does not disclose a non-transitory machine-readable medium, comprising executable instructions that, when executed by a processing system including a processor, facilitate performance of operations Therefore, it would have been obvious to one of ordinary skill in the art before theeffective filing date of applicant’s claimed invention to have incorporated the teachingsof Figure 6 of Zhang into Yamauchi to prevent system from having excess power. However, Figure 5 of Zhang discloses a non-transitory machine-readable medium (Figure 5, element 518 and Column 10, Lines 9-11, where element 518 comprises memory), comprising executable instructions that, when executed by a processing system including a processor, facilitate performance of operations (Column 5, Lines 37-43, where instructions executed by a processor cause processor to perform methods). Therefore, it would have been obvious to one of ordinary skill in the art before theeffective filing date of applicant’s claimed invention to have incorporated the teachingsof Figure 5 of Zhang into Yamauchi and Figure 5 of Zhang to automate power control without manual intervention. Consider Claim 19, Yamauchi does not disclose the limitations of this claim. However, Zhang discloses the non-transitory machine-readable medium of claim 18, wherein the adjustment of the optical power of the LO signal prevents the photocurrent produced by the one or more photodetectors from exceeding an operational threshold (Figure 6, element 618 and Column 10, Lines 58-61, where element 618 uses loop element 620 to control power of LO element 610 until electrical output 612 is at desired range). Therefore, it would have been obvious to one of ordinary skill in the art before theeffective filing date of applicant’s claimed invention to have incorporated the teachingsof Figure 5 of Zhang into Yamauchi and Figure 5 of Zhang to automate power control without manual intervention. Consider Claim 20, Yamauchi discloses wherein the measurement is produced by a detection circuit of the amplifier (Figure 6, where circuit element 14 sends element 26, which is based in initial current element 24, to element 17 for monitoring purposes). Therefore, it would have been obvious to one of ordinary skill in the art before theeffective filing date of applicant’s claimed invention to have incorporated the teachingsof Figure 5 of Zhang into Yamauchi and Figure 5 of Zhang to automate power control without manual intervention. Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Yamauchi in view of Zhang and further in view of Hartog (US 7859654). Consider Claim 8, Yamauchi and Zhang do not disclose the limitations of this claim. However, Hartog discloses the method of claim 4, wherein the detection circuit is coupled to a pre-amplifier stage of the amplifier (Figure 1, where preamplifier element 116 is before main amplifier element 120 which are both contained in element 112). Therefore, it would have been obvious to one of ordinary skill in the art before theeffective filing date of applicant’s claimed invention to have incorporated the teachingsof Hartog into Yamauchi and Zhang to reduce background noise before entering main amplifier. Allowable Subject Matter Claim 10 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 ASIF SHAMEEM whose telephone number is (571)272-6576. The examiner can normally be reached Monday - Friday 8:00 AM EST-5:00 PM EST. 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. /ASIF SHAMEEM/Examiner, Art Unit 2634 /KENNETH N VANDERPUYE/Supervisory Patent Examiner, Art Unit 2634
Read full office action

Prosecution Timeline

Nov 26, 2024
Application Filed
Jun 03, 2026
Non-Final Rejection mailed — §103, §112 (current)

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Prosecution Projections

1-2
Expected OA Rounds
85%
Grant Probability
99%
With Interview (+17.6%)
2y 5m (~9m remaining)
Median Time to Grant
Low
PTA Risk
Based on 20 resolved cases by this examiner. Grant probability derived from career allowance rate.

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