CTNF 18/985,491 CTNF 88362 Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. DETAILED ACTION Claims 1-18 are pending in this action. Information Disclosure Statement 06-52 The information disclosure statement (IDS) submitted on 12/18/2024 was filed. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Double Patenting 08-33 AIA 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. 08-34 AIA Claim s 1-18 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim s of U.S. Patent No. 11,888,613 . Although the claims at issue are not identical, they are not patentably distinct from each other because the following: Instant Application US 11,888,613 As per claim 1: An optical transmitter comprising: a first encoder configured to encode data using a staircase code to generate encoded frames; a first interleaver configured to interleave first codewords in the encoded frames using convolutional interleaving to spread a transmission order of the first codewords, the convolutional interleaving comprising outputting blocks of a predetermined number of consecutive bits from the first codewords in a sequence that increases resilience to bursts of errors; a second encoder configured to encode the interleaved first codewords using a second code to generate second codewords; a mapper configured to map the second codewords to transmit symbols; a second interleaver configured to time interleave the transmit symbols to distribute the transmit symbols between pilot symbols; and a frame generator configured to generate a transmit frame including the interleaved transmit symbols and the pilot symbols, wherein the optical transmitter is configured to transmit the generated transmit frame to a receiver over a communication channel. As per claim 1: An optical transmitter comprising: a first encoder configured to encode data using a staircase code to generate first codewords; a first interleaver configured to interleave the first codewords using convolutional interleaving to spread a transmission order of the first codewords, the convolutional interleaving comprising outputting blocks of a predetermined number of consecutive bits from the first codewords in a sequence that spreads burst errors … a second encoder configured to encode the interleaved first codewords using a second code to generate second codewords; a mapper configured to map the second codewords to transmit symbols; a second interleaver configured to interleave the transmit symbols to distribute the transmit symbols between pilot symbols; and a frame generator configured to generate a transmit frame including the interleaved transmit symbols and the pilot symbols, wherein the optical transmitter is configured to transmit the generated transmit frame to a receiver over a communication channel. As per claim 2: wherein the staircase code is a recursive block-wise forward error correction code and wherein the first encoder is configured to: map data symbols in the data to a series of two-dimensional blocks; and compute, using the staircase code, coding symbols across the blocks to encode the blocks such that concatenating a row of a matrix transpose of a preceding encoded block with a corresponding row of a subsequent block being encoded forms a valid codeword . As per claim 2: wherein the staircase code is a recursive block-wise forward error correction code and wherein the first encoder is configured to: map data symbols in the data to a series of two-dimensional blocks; and compute, using the staircase code, coding symbols across the blocks to encode the blocks such that concatenating a row of a matrix transpose of a preceding encoded block with a corresponding row of a subsequent block being encoded forms a valid codeword. As per claim 3: wherein when encoding the subsequent block, the first encoder is configured to select the coding symbols in a first row of the subsequent block so that i) a first row of the matrix transpose of the preceding encoded block, ii) the data symbols of the first row of the subsequent block, and iii) the coding symbols of the same row of the subsequent block together form the valid codeword. As per claim 3: wherein when encoding the subsequent block, the first encoder is configured to select the coding symbols in a first row of the subsequent block so that i) a first row of the matrix transpose of the preceding encoded block, ii) the data symbols of the first row of the subsequent block, and iii) the coding symbols of the same row of the subsequent block together form the valid codeword. As per claim 4: wherein the encoded blocks have a staircase structure that includes alternating encoded blocks and matrix transposes of the encoded blocks, and wherein each two-block wide row along a stair tread and each two-block high column along a stair riser form the valid codeword As per claim 4: wherein the encoded blocks have a staircase structure that includes alternating encoded blocks and matrix transposes of the encoded blocks, and wherein each two-block wide row along a stair tread and each two-block high column along a stair riser form the valid codeword. As per claim 5: wherein the second code is a Hamming code and wherein: the first interleaver is configured to output the interleaved first codewords in an array of i columns and j rows; and the second encoder is configured to encode a selected number of bits from an i.sup.th block of the array using the Hamming code to generate an encoded codeword, the number of bits being selected based on a type of the Hamming code, and to insert the encoded codeword into a j.sup.th row of the array. As per claim 5: wherein the second code is a Hamming code and wherein: the first interleaver is configured to output the interleaved first codewords in an array of i columns and j rows; and the second encoder is configured to encode a selected number of bits from an i.sup.th block of the array using the Hamming code to generate an encoded codeword, the number of bits being selected based on a type of the Hamming code, and to insert the encoded codeword into a j.sup.th row of the array. As per claim 6: wherein the mapper is configured to map the second codewords to the transmit symbols using Gray code mapping. As per claim 6: wherein the mapper is configured to map the second codewords to the transmit symbols using Gray code mapping. As per claim 7: wherein the pilot symbols include a bit sequence that is encoded and mapped to the transmit symbols. As per claim 7: wherein the pilot symbols include a bit sequence that is encoded and mapped to the transmit symbols. As per claim 8: wherein the pilot symbols include a bit sequence to synchronize the pilot symbols with the second codewords. As per claim 8: wherein the pilot symbols include a bit sequence to synchronize the pilot symbols with the second codewords. As per claim 9: wherein:the transmit symbols include dual polarized quadrature amplitude modulated symbols; and the pilot symbols include a polarization identification code to detect and avoid polarization collision. As per claim 9: wherein: the transmit symbols include dual polarized quadrature amplitude modulated symbols; and the pilot symbols include a polarization identification code to detect and avoid polarization collision . As per claim 10: A method for an optical transmitter comprising: generating encoded frames by encoding data using a staircase code; spreading a transmission order of first codewords by interleaving the first codewords in the encoded frames using convolutional interleaving, the convolutional interleaving comprising outputting blocks of a predetermined number of consecutive bits from the first codewords in a sequence that increases resilience to bursts of errors; generating second codewords by encoding the interleaved first codewords using a second code; mapping the second codewords to transmit symbols; distributing the transmit symbols between pilot symbols by time interleaving the transmit symbols; generating a transmit frame including the interleaved transmit symbols and the pilot symbols; and transmitting the generated transmit frame from the optical transmitter to a receiver over a communication channel. As per claim 10: A method for an optical transmitter comprising: generating first codewords by encoding data using a staircase code; spreading a transmission order of the first codewords by interleaving the first codewords using convolutional interleaving, the convolutional interleaving comprising outputting blocks of a predetermined number of consecutive bits from the first codewords in a sequence that spreads burst errors… generating second codewords by encoding the interleaved first codewords using a second code; mapping the second codewords to transmit symbols; distributing the transmit symbols between pilot symbols by interleaving the transmit symbols; generating a transmit frame including the interleaved transmit symbols and the pilot symbols; and transmitting the generated transmit frame from the optical transmitter to a receiver over a communication channel. One of ordinary skill in the art would clearly recognize independent claims of current application is an obvious variation of the claimed subject matter of independent claims of patent US 11,888,613. Specifically, both claims of the current application and patent US 11,888,613 discloses an optical transmitter comprising a first encoder, a first interleaver, a second encoder, a mapper, a second interleaver, a frame generator with the identical method of generating transmit frame to receiver. The primary difference of the current application recite “in a sequence that increases resilience to bursts of errors” limitation instead of “in a sequence that spreads burst errors across the first codewords generated using the staircase code” limitation. One of ordinary skill in the art would recognize that both limitations are for reducing burst errors in a sequence. Therefore, one of ordinary skill in the art would recognize the current application and US 11,888,613 are such obvious variants of each other . 08-34 AIA Claim s 1-18 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim s of U.S. Patent No. 12,184,414 . Although the claims at issue are not identical, they are not patentably distinct from each other because the following: Instant Application US 12,184,414 As per claim 1: An optical transmitter comprising: a first encoder configured to encode data using a staircase code to generate encoded frames; a first interleaver configured to interleave first codewords in the encoded frames using convolutional interleaving to spread a transmission order of the first codewords, the convolutional interleaving comprising outputting blocks of a predetermined number of consecutive bits from the first codewords in a sequence that increases resilience to bursts of errors; a second encoder configured to encode the interleaved first codewords using a second code to generate second codewords; a mapper configured to map the second codewords to transmit symbols; a second interleaver configured to time interleave the transmit symbols to distribute the transmit symbols between pilot symbols; and a frame generator configured to generate a transmit frame including the interleaved transmit symbols and the pilot symbols, wherein the optical transmitter is configured to transmit the generated transmit frame to a receiver over a communication channel. As per claim 1: An optical transmitter comprising: a first encoder configured to encode data using a staircase code to generate first codewords, … a first interleaver configured to interleave the first codewords using convolutional interleaving to spread a transmission order of the first codewords; convolutional interleaving to spread a transmission order of the first codeword reduce correlation of noise samples and resultant data errors; a second encoder configured to encode the interleaved first codewords using a second code to generate second codewords; a mapper configured to map the second codewords to transmit symbols; a second interleaver configured to interleave the transmit symbols to distribute the transmit symbols between pilot symbols; and a frame generator configured to generate a transmit frame including the interleaved transmit symbols and the pilot symbols, wherein the optical transmitter is configured to transmit the generated transmit frame to a receiver over a communication channel. As per claim 2: wherein the staircase code is a recursive block-wise forward error correction code and wherein the first encoder is configured to: map data symbols in the data to a series of two-dimensional blocks; and compute, using the staircase code, coding symbols across the blocks to encode the blocks such that concatenating a row of a matrix transpose of a preceding encoded block with a corresponding row of a subsequent block being encoded forms a valid codeword . As per claim 3: wherein the staircase code is a recursive block-wise forward error correction code and wherein the first encoder is configured to: map data symbols in the data to a series of two- dimensional blocks; and compute, using the staircase code, coding symbols across the blocks to encode the blocks such that concatenating a row of a matrix transpose of a preceding encoded block with a corresponding row of a subsequent block being encoded forms a valid codeword. As per claim 3: wherein when encoding the subsequent block, the first encoder is configured to select the coding symbols in a first row of the subsequent block so that i) a first row of the matrix transpose of the preceding encoded block, ii) the data symbols of the first row of the subsequent block, and iii) the coding symbols of the same row of the subsequent block together form the valid codeword. As per claim 4: wherein when encoding the subsequent block, the first encoder is configured to select the coding symbols in a first row of the subsequent block so that i) a first row of the matrix transpose of the preceding encoded block, ii) the data symbols of the first row of the subsequent block, and iii) the coding symbols of the same row of the subsequent block together form the valid codeword. As per claim 4: wherein the encoded blocks have a staircase structure that includes alternating encoded blocks and matrix transposes of the encoded blocks, and wherein each two-block wide row along a stair tread and each two-block high column along a stair riser form the valid codeword As per claim 4: wherein the encoded blocks have a staircase structure that includes alternating encoded blocks and matrix transposes of the encoded blocks, and wherein each two-block wide row along a stair tread and each two-block high column along a stair riser form the valid codeword. As per claim 5: wherein the second code is a Hamming code and wherein: the first interleaver is configured to output the interleaved first codewords in an array of i columns and j rows; and the second encoder is configured to encode a selected number of bits from an i.sup.th block of the array using the Hamming code to generate an encoded codeword, the number of bits being selected based on a type of the Hamming code, and to insert the encoded codeword into a j.sup.th row of the array. As per claim 6: wherein the second code is a Hamming code and wherein: the first interleaver is configured to output the interleaved first codewords in an array of i columns and j rows; and the second encoder is configured to encode a selected number of bits from an i.sup.th block of the array using the Hamming code to generate an encoded codeword, the number of bits being selected based on a type of the Hamming code, and to insert the encoded codeword into a j.sup.th row of the array. As per claim 6: wherein the mapper is configured to map the second codewords to the transmit symbols using Gray code mapping. As per claim 7: wherein the mapper is configured to map the second codewords to the transmit symbols using Gray code mapping. As per claim 7: wherein the pilot symbols include a bit sequence that is encoded and mapped to the transmit symbols. As per claim 8: wherein the pilot symbols include a bit sequence that is encoded and mapped to the transmit symbols. As per claim 8: wherein the pilot symbols include a bit sequence to synchronize the pilot symbols with the second codewords. As per claim 8: wherein the pilot symbols include a bit sequence to synchronize the pilot symbols with the second codewords. As per claim 9: wherein:the transmit symbols include dual polarized quadrature amplitude modulated symbols; and the pilot symbols include a polarization identification code to detect and avoid polarization collision. As per claim 9: wherein: the transmit symbols include dual polarized quadrature amplitude modulated symbols; and the pilot symbols include a polarization identification code to detect and avoid polarization collision. One of ordinary skill in the art would clearly recognize independent claims of current application is an obvious variation of the claimed subject matter of independent claims of patent US 12,184,414. Specifically, both claims of the current application and patent US 12,184,414 discloses an optical transmitter comprising a first encoder, a first interleaver, a second encoder, a mapper, a second interleaver, a frame generator with the identical method of generating transmit frame to receiver. The primary difference of the current application recite “in a sequence that increases resilience to bursts of errors” limitation instead of “reduce correlation of noise…” limitation. One of ordinary skill in the art would recognize that both limitations are for reducing errors. Therefore, one of ordinary skill in the art would recognize the current application and US 12,184,414 are such obvious variants of each other. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to THIEN DANG NGUYEN whose telephone number is (571)272-9189. The examiner can normally be reached Monday-Friday 7 AM - 3:30 PM. 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, Mark Featherstone can be reached at 571-270-3750. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. 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If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /Thien Nguyen/ Primary Examiner, Art Unit 2111 Application/Control Number: 18/985,491 Page 2 Art Unit: 2111 Application/Control Number: 18/985,491 Page 3 Art Unit: 2111 Application/Control Number: 18/985,491 Page 4 Art Unit: 2111 Application/Control Number: 18/985,491 Page 5 Art Unit: 2111 Application/Control Number: 18/985,491 Page 6 Art Unit: 2111 Application/Control Number: 18/985,491 Page 7 Art Unit: 2111 Application/Control Number: 18/985,491 Page 8 Art Unit: 2111 Application/Control Number: 18/985,491 Page 9 Art Unit: 2111 Application/Control Number: 18/985,491 Page 10 Art Unit: 2111 Application/Control Number: 18/985,491 Page 11 Art Unit: 2111 Application/Control Number: 18/985,491 Page 12 Art Unit: 2111 Application/Control Number: 18/985,491 Page 13 Art Unit: 2111 Application/Control Number: 18/985,491 Page 14 Art Unit: 2111 Application/Control Number: 18/985,491 Page 15 Art Unit: 2111 Application/Control Number: 18/985,491 Page 16 Art Unit: 2111 Application/Control Number: 18/985,491 Page 17 Art Unit: 2111 Application/Control Number: 18/985,491 Page 18 Art Unit: 2111 Application/Control Number: 18/985,491 Page 19 Art Unit: 2111 Application/Control Number: 18/985,491 Page 20 Art Unit: 2111 Application/Control Number: 18/985,491 Page 21 Art Unit: 2111 Application/Control Number: 18/985,491 Page 22 Art Unit: 2111 Application/Control Number: 18/985,491 Page 23 Art Unit: 2111 Application/Control Number: 18/985,491 Page 24 Art Unit: 2111 Application/Control Number: 18/985,491 Page 25 Art Unit: 2111 Application/Control Number: 18/985,491 Page 26 Art Unit: 2111 Application/Control Number: 18/985,491 Page 27 Art Unit: 2111 Application/Control Number: 18/985,491 Page 28 Art Unit: 2111 Application/Control Number: 18/985,491 Page 29 Art Unit: 2111 Application/Control Number: 18/985,491 Page 30 Art Unit: 2111 Application/Control Number: 18/985,491 Page 31 Art Unit: 2111 Application/Control Number: 18/985,491 Page 32 Art Unit: 2111 Application/Control Number: 18/985,491 Page 33 Art Unit: 2111 Application/Control Number: 18/985,491 Page 34 Art Unit: 2111 Application/Control Number: 18/985,491 Page 35 Art Unit: 2111 Application/Control Number: 18/985,491 Page 36 Art Unit: 2111 Application/Control Number: 18/985,491 Page 37 Art Unit: 2111 Application/Control Number: 18/985,491 Page 38 Art Unit: 2111 Application/Control Number: 18/985,491 Page 39 Art Unit: 2111 Application/Control Number: 18/985,491 Page 40 Art Unit: 2111 Application/Control Number: 18/985,491 Page 41 Art Unit: 2111 Application/Control Number: 18/985,491 Page 42 Art Unit: 2111
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