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.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Drawings
The drawings are objected to under 37 CFR 1.83(a) because they fail to show any structure described in the specification, aside from the basic example of computer architecture in the last figure. Any structural detail that is essential for a proper understanding of the disclosed invention should be shown in the drawing. MPEP § 608.02(d). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 1-5 and 11-15 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 1, and thus each of claims 2-5 and 11-15 by way of dependence, recites performing modulation on the carrier frequency to obtain a dual-frequency label signal. However, the specification, and later dependent claim 4, requires that two carrier frequencies are used for the dual-frequency label signal. If two carrier frequencies are required for the dual-frequency label signal, it cannot at the same time be obtained from a singular carrier. Thus, the claim language is indefinite for not clearly pointing out the subject matter regarded as the invention for the dual-frequency label signal, i.e., two carrier frequencies.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1, 6, 11, 12, 14, 19 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shang et al. (“Shang”) (US Patent Application Publication No. 2016/0065303).
Regarding claim 1, Shang discloses a multi-wavelength label signal processing method, performed by a signal sending end of a dense wavelength division multiplexing system, the signal sending end being connected to a signal receiving end (paragraphs 0043-0047), and the method comprising: acquiring a service spectrum width of an optical service (paragraph 0048); determining a carrier frequency according to the service spectrum width and a preset carrier frequency range (paragraphs 0047-0049 and fig. 1 and paragraph 0111, the different wavelength label frequencies represent different service wavelengths and the attribute information for the wavelength label at that frequency includes width of the channel; the wavelength label frequencies to be used are inherently known in advance of their use, i.e., are a preset range); performing modulation processing on wavelength information of the optical service according to the carrier frequency to obtain a single-frequency label signal or a dual-frequency label signal and sending the single-frequency label signal or the dual-frequency label signal to the signal receiving end (paragraph 0047, and paragraph 0060, for the case of two subcarrier channel having dual wavelength label frequencies), so that the signal receiving end obtains optical power and the wavelength information according to the single-frequency label signal or the dual-frequency label signal (paragraphs 0049-0053 and fig. 10 and paragraph 0117, detecting the wavelength label information according to amplitude change of wavelength label frequency reads on obtaining optical power).
Regarding claim 6, Shang discloses a multi-wavelength label signal processing method, performed by a signal receiving end of a dense wavelength division multiplexing system, the signal receiving end being connected to a signal sending end (paragraphs 0043-0048), and the method comprising: receiving a wavelength label signal within a preset carrier frequency range, and demodulating the wavelength label signal according to the preset carrier frequency range, to obtain a service spectrum width and wavelength information (paragraphs 0047-0049, the different wavelength label frequencies represent different service wavelengths and the attribute information for the wavelength label at that frequency includes width of the channel; the wavelength label frequencies to be used are inherently known in advance of their use, i.e., are a preset range); determining the wavelength label signal as a single-frequency label signal or a dual-frequency label signal according to the service spectrum width (paragraphs 0047-0049, the different wavelength label frequencies represent different service wavelengths and fig. 1 and paragraph 0111, and paragraph 0060, for the case of two subcarrier channel having dual wavelength label frequencies); and obtaining optical power according to the single-frequency label signal or the dual-frequency label signal (paragraphs 0049-0053 and fig. 10 and paragraph 0117, detecting the wavelength label information according to amplitude change of wavelength label frequency reads on obtaining optical power).
Regarding claim 11, Shang discloses a controller, comprising a memory, a processor and a computer program stored in the memory and executable on the processor, wherein the processor, when executing the computer program, implements the multi-wavelength label signal processing method according to claim 1 (paragraph 0123, and see citations above for claim 1).
Regarding claim 12, Shang discloses a non-transitory computer-readable storage medium, storing computer executable instructions, wherein the computer executable instructions are used for executing the multi-wavelength label signal processing method according to claim 1 (paragraph 0123, and see citations above for claim 1).
Regarding claim 14, Shang discloses the multi-wavelength label signal processing method according to claim 1, wherein sending the single-frequency label signal or the dual-frequency label signal to the signal receiving end, so that the signal receiving end obtains optical power and the wavelength information according to the single-frequency label signal or the dual-frequency label signal, comprises: sending the single-frequency label signal or the dual-frequency label signal to the signal receiving end (paragraph 0047, and paragraph 0060, for the case of two subcarrier channel having dual wavelength label frequencies), so that the signal receiving end demodulates the single-frequency label signal or the dual-frequency label signal to obtain service spectrum width and the wavelength information (paragraphs 0047-0049, the different wavelength label frequencies represent different service wavelengths and the attribute information for the wavelength label at that frequency includes width of the channel), and determines the optical power corresponding to the single-frequency label signal or the dual-frequency label signal according to the service spectrum width (paragraphs 0049-0053 and fig. 10 and paragraph 0117, detecting the wavelength label information according to amplitude change of wavelength label frequency reads on obtaining optical power).
Regarding claim 19, Shang discloses a controller, comprising a memory, a processor and a computer program stored in the memory and executable on the processor, wherein the processor, when executing the computer program, implements the multi-wavelength label signal processing method according to claim 6 (paragraph 0123, and see citations above for claim 6).
Regarding claim 20, Shang discloses a non-transitory computer-readable storage medium, storing computer executable instructions, wherein the computer executable instructions are used for executing the multi-wavelength label signal processing method according to claim 6 (paragraph 0123, and see citations above for claim 6).
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.
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Shang (US Patent Application Publication No. 2016/0065303) in view of Dou et al. (“Dou”) (US Patent Application Publication No. 2016/0315724).
Regarding claim 16, Shang discloses the multi-wavelength label signal processing method according to claim 6, and mentions 16QAM and QPSK as example modulations (paragraph 0087), but does not disclose that the wavelength label signal comprises at least one of: a single-frequency label signal that is modulated using an on-off keying format, or a dual-frequency label signal modulated using a binary frequency shift keying format. Dou discloses a finite number of predictable solutions to problem of modulating an optical signal with data, i.e., OOK, QPSK and 16QAM as modulation options for optical communications (paragraph 0005). One of ordinary skill in the art could have pursued the known modulation formats with a reasonable expectation of success. Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to try the OOK modulation for the wavelength label signal modulation of Shang, since it’s one of a finite number of predictable solutions for modulating an optical signal with data.
Allowable Subject Matter
Claims 7-10, 17 and 18 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.
Claims 2-5, 13 and 15 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Wavelength channel ID using two or more tones – US Patent Application Publication No. 2004/0062549.
Ancillary ID data in WDM system – US Patent No. 6574016.
Optical label switching for packet routing – US Patent Application Publication No. 2004/0146300.
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.
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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.
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/NATHAN M CORS/Primary Examiner, Art Unit 2634
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