Prosecution Insights
Last updated: October 02, 2026
Application No. 18/971,168

OPTICAL COMMUNICATION SYSTEM AND OPTICAL COMMUNICATION METHOD

Non-Final OA §103
Filed
Dec 06, 2024
Priority
Dec 18, 2023 — JP 2023-212856
Examiner
SHAMEEM, ASIF ISLAM
Art Unit
Tech Center
Assignee
NEC Corporation
OA Round
1 (Non-Final)
88%
Grant Probability
Favorable
1-2
OA Rounds
7m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 88% — above average
88%
Career Allowance Rate
21 granted / 24 resolved
+27.5% vs TC avg
Moderate +15% lift
Without
With
+15.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
22 currently pending
Career history
41
Total Applications
across all art units

Statute-Specific Performance

§103
62.9%
+22.9% vs TC avg
§102
10.7%
-29.3% vs TC avg
§112
24.3%
-15.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 24 resolved cases

Office Action

§103
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 . Information Disclosure Statement The information disclosure statement submitted on 12/06/2024 has beenconsidered by the examiner and made of record in the application file. 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, and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Hoshida (US 6885499) and further in view of Uda (US 7194210). Consider Claim 1, Hoshida discloses an optical communication system comprising: a first optical transmitter (Figure 8, element 15-1) configured to output a first optical signal of a first wavelength (Figure 8, where element 15-1 outputs signal of first wavelength band) at a first transmission intensity (Figure 9B, where first wavelength has first optical power) ;a second optical transmitter (Figure 8, element 15-2 outputs signal of second wavelength band) configured to output a second optical signal of a second wavelength longer than the first wavelength at a second transmission intensity lower than the first transmission intensity (Figure 9B, where second wavelength band is longer and is output at lower power than first signal); and a multiplexer (Figure 8, element 6) configured to output a third optical signal obtained by multiplexing the first optical signal and the second optical signal to an optical transmission line (Figure 8, where WDM signal is output into element 10) but does not disclose wherein an intensity of the first optical signal transmitted through the optical transmission line is reduced by inter-signal stimulated Raman scattering, and the second optical signal transmitted through the optical transmission line is amplified by the inter-signal stimulated Raman scattering of the first optical signal. However, Uda discloses wherein an intensity of the first optical signal transmitted through the optical transmission line is reduced by inter-signal stimulated Raman scattering (Figure 1B, where intensity of signal in B band is decreased of SRS influence), and the second optical signal transmitted through the optical transmission line is amplified by the inter-signal stimulated Raman scattering of the first optical signal (Figure 1B, where intensity of signal in L2 band is increased). 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 Uda into Hoshida to reduce noise accumulation over fiber. Consider Claim 3, Hoshida discloses the optical communication system according to claim 1, further comprising: a demultiplexer (Figure 8, element 18) configured to demultiplex the third optical signal transmitted through the optical transmission line into the first optical signal and the second optical signal (Figure 8, element 18 demultiplexes WDM signal into multipla signals to be input into different paths); a first optical receiver configured to receive the first optical signal that has been wavelength-demultiplexed by the demultiplexer (Figure 8, element 17-1 receives first signal); and a second optical receiver configured to receive the second optical signal that has been wavelength-demultiplexed by the demultiplexer (Figure 8, element 17-2 receives second signal) but does not disclose wherein the first and second transmission intensities are determined so that a difference between a first reception intensity of the first optical signal received by the first optical receiver and a second reception intensity of the second optical signal received by the second optical receiver falls within a first predetermined range. However Uda discloses wherein the first and second transmission intensities are determined so that a difference between a first reception intensity of the first optical signal received by the first optical receiver and a second reception intensity of the second optical signal received by the second optical receiver falls within a first predetermined range (Figure 10 and Column 8, Lines 16-24, where element 502 contains value of light intensity and gain tilt which are calculated beforehand for each amplifier including element 303 (receiving amplifier in Figure 2); Figure 9, where elements 901 and 902 represent intensity of lights at different wavelength bands. It would be obvious that setting gain tilt settings beforehand and taking difference between intensity levels from elements 901 and 902 would lead to a difference in intensities within a predetermined 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 Uda into Hoshida to reduce noise accumulation over fiber. Consider Claim 4, Hoshida does not disclose the limitations of this claim. However, Uda discloses the optical communication system according to claim 3, wherein the first and second transmission intensities are determined so that a tilt phenomenon in which the first reception intensity varies according to a wavelength of the first optical signal (Column 7, Lines 66-67 and Column 8, Lines 1-4, where gain control is dependent on wavelength and Figure 9, where element 901 is gain characteristic of one wavelength band) and a tilt phenomenon in which the second reception intensity varies according to a wavelength of the second optical signal (Column 7, Lines 66-67 and Column 8, Lines 1-4, where gain control is dependent on wavelength and Figure 9, where element 901 is gain characteristic of one wavelength band) are compensated (Claim 13, Lines 1-3, where gain controller compensates for variance between bands). 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 Uda into Hoshida to reduce noise accumulation over fiber. Consider Claim 11, Hoshida discloses an optical communication method comprising: outputting a first optical signal of a first wavelength at a first transmission intensity (Figure 8, where element 15-1 outputs signal of first wavelength band and Figure 9B, where first wavelength has first optical power); outputting a second optical signal of a second wavelength longer than the first wavelength at a second transmission intensity lower than the first transmission intensity (Figure 8, element 15-2 outputs signal of second wavelength band and Figure 9B, where second wavelength band is longer and is output at lower power than first signal); and outputting a third optical signal obtained by multiplexing the first optical signal and the second optical signal to an optical transmission line (Figure 8, where WDM signal is output into element 10) but does not disclose wherein an intensity of the first optical signal transmitted through the optical transmission line is reduced by inter-signal stimulated Raman scattering, and the second optical signal transmitted through the optical transmission line is amplified by the inter-signal stimulated Raman scattering of the first optical signal. However, Uda discloses wherein an intensity of the first optical signal transmitted through the optical transmission line is reduced by inter-signal stimulated Raman scattering (Figure 1B, where intensity of signal in B band is decreased of SRS influence), and the second optical signal transmitted through the optical transmission line is amplified by the inter-signal stimulated Raman scattering of the first optical signal (Figure 1B, where intensity of signal in L2 band is increased). 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 Uda into Hoshida to reduce noise accumulation over fiber. Claim(s) 5 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Hoshida in view of Uda and further in view of Inoue (US 6798564). Consider Claim 5, Hoshida and Uda do not disclose the limitations of this claim. However, Inoue discloses the optical communication system according to claim 1, further comprising: a first pump light source configured to output a first pump light (Figure 1, element 11); and a first optical coupler configured to couple the first pump light to the optical transmission line so that the first pump light is transmitted through the transmission line in a transmission direction of the third optical signal (Figure 1, element 13 couples light from element 11 in same direction as entering WDM signal light), wherein the third optical signal is amplified by forward Raman amplification using the first pump light (Column 6, Lines 66-67 and Column 7, Lines 1-4, where WDM light is forwarded to amplification fiber element 10 with light from element 11). 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 Inoue into Hoshida and Uda to amplify signal to compensate for transmission loss. Consider Claim 7, Hoshida and Uda do not disclose the limitations of this claim. However, Inoue discloses the optical communication system according to claim 1, further comprising: a second pump light source configured to output a second pump light (Figure 1, element 12); and a second optical coupler configured to couple the second pump light to the optical transmission line so that the second pump light is transmitted through the optical transmission line in a direction opposite to the transmission direction of the third optical signal (Figure 1, element 14 couples light from element 12 in opposite direction of incoming WDM light), wherein the third optical signal is amplified by backward Raman amplification using the second pump light (Column 7, Lines 4-9, where WDM light is redirected toward amplified fiber element 10 with light from element 12). 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 Inoue into Hoshida and Uda to amplify signal to compensate for transmission loss. Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Hoshida in view of Uda and further in view of Yamauchi (US 11968033). Consider Claim 10, Hoshida and Uda do not disclose the limitations of this claim. However, Yamauchi discloses the optical communication system according to claim 1, further comprising a control unit configured to set the first transmission intensity to the first optical transmitter (Figure 4, where element 13 includes a power controller element 34 and Column 8, Lines 47-48, where element 38 controls transmitting power of signal). While Yamauchi does not explicitly disclose setting the second transmission intensity to the second optical transmitter in response to a provided command, it would be obvious that the control mechanism displayed in Figure 4 would be applied to a second transmitter such as element 15-2 in Figure 8 of Hoshida. 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 Yamauchi Uda into Hoshida to ensure that transmission is at optimal power to increase SNR. Allowable Subject Matter Claims 2, 6 and 8-9 are 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
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Prosecution Timeline

Dec 06, 2024
Application Filed
Sep 10, 2026
Non-Final Rejection mailed — §103 (current)

Precedent Cases

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
88%
Grant Probability
99%
With Interview (+15.0%)
2y 4m (~7m remaining)
Median Time to Grant
Low
PTA Risk
Based on 24 resolved cases by this examiner. Grant probability derived from career allowance rate.

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