DETAILED ACTION
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 .
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.
Claim 1 is rejected on the ground of nonstatutory double patenting as being
unpatentable over claims 1-26 of U.S. Patent No. 12,199,744 (Schedelbeck et al). Although the claims at issue are not identical, they are not patentably distinct from each other because the limitations recited in claim 1 of the instant application are encompassed by claims 1-26 of US Patent No. 12,199,744 (Schedelbeck et al).
Instant Application No. 19/021,006 (Claim 1)
US Patent No. 12,199,744 (Claim 1)
A method for receiving an upstream burst transmission, the method comprising:
obtaining, by one or more processors, information about a next upstream burst transmission;
A method for receiving an upstream burst transmission, the method comprising:
obtaining, by one or more processors, information about a next upstream burst transmission (i.e., see Claim 1 of US Patent No. 12,199,744);
determining, by the one or more processors, a set of settings based on the information; and
determining, by the one or more processors, a set of settings based on the information (i.e., see Claim 1 of US Patent No. 12,199,744); and
adjusting, by the one or more processors, a physical medium dependent (PMD) module based on the set of settings prior to receiving the next upstream burst transmission by the PMD module.
adjusting, by the one or more processors, a physical medium dependent (PMD) module based on the set of settings prior to receiving the next upstream burst transmission by the PMD module (i.e., see Claim 1 of US Patent No. 12,199,744).
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.
Claim 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Delve
et al (Pub. No.: US 2008/0253777 cited by applicant).
Regarding claim 1, referring to Figures 1, 2a-2b, 3a-3b and 4-6, Delve et al teaches a method for receiving an upstream burst transmission, the method comprising:
obtaining, by one or more processors (i.e., processor 50, compensation
module 44, and controller 42, Figs. 1, 2a-2b and 4), information about a next
upstream burst transmission;
determining, by the one or more processors (i.e., processor 50,
compensation module 44, and controller 42, Figs. 1, 2a-2b and 4), a set of settings
based on the information; and
adjusting, by the one or more processors (i.e., processor 50, compensation
module 44, and controller 42, Figs. 1, 2a-2b and 4), a physical medium dependent
module (i.e., compensation module 44, Fig. 4) based on the set of settings prior to
receiving the next upstream burst transmission by the PMD module (i.e., Figures
1, 2a-2b, 3a-3b and 4-6, page 1, paragraph [0012], page 2, paragraphs [0035]-
[0036], and page 3, paragraphs [0037]-[0045], page 4, paragraphs [0046]-[0053],
and page 5, paragraphs [0057]-[0060]).
Conclusion
6. The prior art made of record and not relied upon is considered pertinent to
applicant's disclosure.
Zhu et al (Pub. No.: US 2015/0288456 cited by applicant) discloses sending/receiving/communication system and signal modulation method for optical fiber network.
7. Any inquiry concerning this communication or earlier communications
from the examiner should be directed to Hanh Phan whose telephone
number is (571)272-3035. If attempts to reach the examiner by telephone
are unsuccessful the examiner's supervisor, Kenneth Vanderpuye, can be
reached on (571)272-3078. The fax phone number for the organization
where this application or proceeding is assigned is (571)273-8300. Any
inquiry of a general nature or relating to the status of this application or
proceeding should be directed to the receptionist whose telephone number
is (703)305-4700.
/HANH PHAN/Primary Examiner, Art Unit 2634
