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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 4/10/2025 is being considered by the examiner.
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.
Claims 1-3 and 5 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3 and 7 of copending Application No. 19/064,547. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1-3 and 7 of copending Application No. 19/064,547 contain all the limitations of claims 1-3 and 5 of the instant application, except that the claims 1-3 and 7 of copending Application No. 19/064,547 claim a “wireless link” or “wireless client”, and claims 1-3 and 5 the instant application claim a free space optics (FSO) link or FSO client. And for claims 1 and 5 of the instant application, FSO link is an intended use that is recited in preamble, and the wireless link in claims 1-3 and 7 of copending Application No. 19/064,547 is also an intended use; and the bodies of the claims in the two applications are essentially the same. Also, Free-space optical (FSO) communication is technically a specialized subset of wireless communication. Claims 1-3 and 5 of the instant application therefore are not patently distinct from the claims 1-3 and 7 of copending Application No. 19/064,547 and as such are unpatentable for obvious-type double patenting.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claim 4 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3 of copending Application No. 19/064,547 in view of Chan et al (Chan et al: “2-Dimensional beamsteering using dispersive deflectors and wavelength tuning”, Optics Express 2008 Sep 3,16(19) 14617-28).
Claims 1-3 of copending Application No. 19/064,547 discloses all of the subject matter as applied to claims 1-3 of the instant application. But, claims 1-3 of copending Application No. 19/064,547 does not expressly disclose wherein the physical wavelength-direction mapping subsystem comprises a two-dimensional grating.
However, first, the claim 4 of copending Application No. 19/064,547 indicates “wherein the physical frequency-direction mapping subsystem comprises a two-dimensional antenna array”; that is, a two-dimensional antenna array is used. Another prior, Chan et al discloses a free space optical communication system, in which a two-dimensional grating is used for directing beam, and “the input wavelength is directly related to the output direction in a 2-dimensional field of view. This is accomplished by combining two wavelength dispersive devices orthogonally and in series. With the proper devices, the beam raster scans through the 2-dimensional field as the wavelength from an optical source is increased” (page 14628, Conclusion and discussion).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use a 2-dimensional grating as taught by Chan et al to the system defined by claims 1-3 of copending Application No. 19/064,547 so to “point to a greater number of discrete directions which are spaced closer together”.
This is a provisional nonstatutory double patenting rejection.
Claims 1 and 5 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 11 of copending Application No. 18/884,189. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1 and 11 of copending Application No. 18/884,189 contain all the limitations of claims 1 and 5 of the instant application, except that the claims 1 and 11 of copending Application No. 18/884,189 claim a “software defined optical communications system (SDOCS)”, and claims 1 and 5 the instant application claim a free space optics (FSO) link. And for claims 1 and 5 of the instant application, FSO link are intended use, and SDOCS in claims 1 and 11 of copending Application No. 18/884,189 are also intended use; and the bodies of the claims in the claims of the two applications are almost the same. Also, SDOCS algorithms can be deployed to manage and optimize Free-space optical (FSO) communication. Claim 1 and 5 of the instant application therefore are not patently distinct from the claims 1 and 11 of copending Application No. 18/884,189 and as such are unpatentable for obvious-type double patenting.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20250023636 A1
US 20230412281 A1
US 20220280800 A1
US 20220180763 A1
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Naghshvarianjahromi, M.; Kumar, S.; Deen, M.J.; Iwaya, T.; Kimura, K.; Yoshida, M.; Hirooka, T.; Nakazawa, M.: “Software-Defined Fiber Optic Communications for Ultrahigh-Speed Optical Pulse Transmission Systems.”, IEEE J. Sel. Top. Quantum Electron. 2022, 28, pp. 1–10
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/LI LIU/Primary Examiner, Art Unit 2634 September 18, 2026
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