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 .
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.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “a specifier configured to specify” in claim 1.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
Claim limitation “a specifier configured to specify” in Claim 1 invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. More specifically, a specifier claimed as being both part of the second optical communication device as required by Claim 2 and the first optical communication device as required by Claim 3. However, no such structure is disclosed by the specification.
Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
The dependent claims 2-6 are rejected for being dependent on the rejected claim 1.
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(s) 1-3 and 7-8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Huang et al. (US20170047993A1).
Regarding claim 1, Huang et al. discloses A communication system (Fig. 5) comprising:
one or more first optical communication devices (Fig. 5; the transmission unit 320);
a second optical communication device (Fig. 5; Fig. 7; the reception unit 700 (reception unit 330)) configured to communicate with the one or more first optical communication devices (Fig. 5; the optical signal is transmitted from the transmission unit 320 to the reception unit 330 as shown); and
an optical transmission path (Fig. 5; the transmission path from the transmission unit 320 to the reception unit 700) configured to connect the one or more first optical communication devices and the second optical communication device (Fig. 5; the path shown with a solid line connects the transmission unit 320 and the reception unit 700 as shown), wherein
the one or more first optical communication devices (Fig. 5; the transmission unit 320) include:
a transmitter (Fig. 5; the CW light source 323, the frequency modulation unit 322, and the polarization modulation unit 321) configured to transmit an optical signal having a wavelength within a wavelength range (Fig. 5; Fig. 4; Para. 47; the transmitter 201 transmits a CW light obtained by modulating a CW light of a center frequency f1 by an amount of frequency modulation Δf. The receiver 203 measures an optical power of the frequency-modulated CW light. The transmitter 201 transmits a CW light obtained by modulating a CW light of a center frequency f2 by an amount of frequency modulation Δf. The receiver 203 measures an optical power of the frequency-modulated CW light) for confirming transmission characteristics in the optical transmission path to the second optical communication device via the optical transmission path (Fig. 5; Fig. 4; para. 64-65; When the values a, b, c, d, e, and g are calculated, the optical power between the center frequency f1 (fn), the center frequency f2 (fn+1), and the center frequency f3 (fn+2) can be represented by Formula 9. The transmission characteristics between the center frequency f1 (fn), the center frequency f2 (fn+1) (r and the center frequency f3 (fn+2)) can be interpolated by substituting each frequency between two of the center frequency f1 (fn), the center frequency f2 (fn+1), and the center frequency f3 (fn+2) in Formula 9.
PAV(f)=anf2+bnf2+cnf2+dnf2+enf+gn (fn<f<fn+1)
As a result, the transmission characteristics of a normalized transmission path according to the embodiment can be represented by Formula 10. S(f)=PAV(f)/max(PAV)),
the communication system (Fig. 5) including:
a specifier (Fig. 5; Fig. 11; the processing unit 704) configured to specify the transmission characteristics (Fig. 5; Fig. 11; Fig. 10; Para. 95; an optical power is measured at a predetermined center frequency interval so as to calculate transmission characteristics. Then, if the transmission characteristics between center frequencies are calculated by use of Formula 1 to Formula 10, the measurement device can reduce the number of measurements and obtain optical transmission characteristics with a high degree of accuracy in less time) in the optical transmission path based on an optical signal having a wavelength within the wavelength range transmitted from the one or more first optical communication devices (Fig. 11; Fig. 10; Para. 96; an optical power is measured while changing the amount of change in the center frequency on the basis of a slope of transmission characteristics, as represented in the exemplary transmission characteristics 620. Then, if the transmission characteristics between center frequencies are calculated by use of Formula 1 to Formula 10, the measurement device can reduce the number of measurements further and obtain optical transmission characteristics with a higher degree of accuracy in much less time, compared with the case of the exemplary transmission characteristics 610).
Regarding claim 2, the present system discloses The communication system according to claim 1, as described and applied above, wherein the second optical communication device includes:
the specifier (Fig. 5; Fig. 11; the processing unit 704); and
a wavelength sweep identifier configured to share and hold information (Fig. 5; Fig. 11; the numerical value of the CW optical center frequency) on an optical signal of respective wavelengths with the one or more first optical communication devices in advance (Fig. 5; Fig. 11; Para. 70; In the receiver 330, an optical bandpass filter 331 transmits light of a specific wavelength range in the received CW light), and
the specifier specifies the transmission characteristics in the transmission path using the optical signal of respective wavelengths transmitted from the one or more first optical communication devices and the information on the optical signal of respective wavelengths held by the wavelength sweep identifier (Fig. 5; Fig. 11; Para. 70; A calculator 337 calculates transmission characteristics using the optical power and the frequency that are measured by the measurement unit 336).
Regarding claim 1, Huang et al. discloses A communication system (Fig. 5) comprising:
one or more first optical communication devices (Fig. 5; the transmission unit 320);
a second optical communication device (Fig. 5; Fig. 7; the reception unit 700 (reception unit 330)) configured to communicate with the one or more first optical communication devices (Fig. 5; the optical signal is transmitted from the transmission unit 320 to the reception unit 330 as shown); and
an optical transmission path (Fig. 5; the transmission path from the transmission unit 320 to the reception unit 700) configured to connect the one or more first optical communication devices and the second optical communication device (Fig. 5; the path shown with a solid line connects the transmission unit 320 and the reception unit 700 as shown), wherein
the one or more first optical communication devices (Fig. 5; the transmission unit 320) include:
a transmitter (Fig. 5; the CW light source 323, the frequency modulation unit 322, and the polarization modulation unit 321) configured to transmit an optical signal having a wavelength within a wavelength range (Fig. 5; Fig. 4; Para. 47; the transmitter 201 transmits a CW light obtained by modulating a CW light of a center frequency f1 by an amount of frequency modulation Δf. The receiver 203 measures an optical power of the frequency-modulated CW light. The transmitter 201 transmits a CW light obtained by modulating a CW light of a center frequency f2 by an amount of frequency modulation Δf. The receiver 203 measures an optical power of the frequency-modulated CW light) for confirming transmission characteristics in the optical transmission path to the second optical communication device via the optical transmission path (Fig. 5; Fig. 4; para. 64-65; When the values a, b, c, d, e, and g are calculated, the optical power between the center frequency f1 (fn), the center frequency f2 (fn+1), and the center frequency f3 (fn+2) can be represented by Formula 9. The transmission characteristics between the center frequency f1 (fn), the center frequency f2 (fn+1) (r and the center frequency f3 (fn+2)) can be interpolated by substituting each frequency between two of the center frequency f1 (fn), the center frequency f2 (fn+1), and the center frequency f3 (fn+2) in Formula 9.
PAV(f)=anf2+bnf2+cnf2+dnf2+enf+gn (fn<f<fn+1)
As a result, the transmission characteristics of a normalized transmission path according to the embodiment can be represented by Formula 10. S(f)=PAV(f)/max(PAV)),
the communication system (Fig. 5) including:
a specifier (Fig. 5; Fig. 11; the optical frequency controller 324) configured to specify the transmission characteristics (Fig. 5; Fig. 11; Para. 90; When the average power is greater than the predetermined threshold (YES in Step S109), the report unit 338 reports a slope of transmission characteristics (ΔP/Δf) to the optical frequency controller 324 (Step S110). On the basis of the slope of transmission characteristics (ΔP/Δf), the optical frequency controller 324 controls the amount of frequency change from the center frequency used in Step S102 (Step S111))) in the optical transmission path based on an optical signal having a wavelength within the wavelength range transmitted from the one or more first optical communication devices (Fig. 11; Fig. 10; Para. 96; an optical power is measured while changing the amount of change in the center frequency on the basis of a slope of transmission characteristics, as represented in the exemplary transmission characteristics 620. Then, if the transmission characteristics between center frequencies are calculated by use of Formula 1 to Formula 10, the measurement device can reduce the number of measurements further and obtain optical transmission characteristics with a higher degree of accuracy in much less time, compared with the case of the exemplary transmission characteristics 610).
Regarding claim 3, the present system discloses The communication system according to claim 1, as described and applied above, wherein the one or more first optical communication devices further include: the specifier (Fig. 5; Fig. 11; the optical frequency controller 324),
the second optical communication device (Fig. 5; Fig. 7; the reception unit 700 (reception unit 330)) includes:
a receiver (Fig. 5; Fig. 11; photodiode 332) configured to receive the optical signal of respective wavelengths transmitted from the one or more first optical communication devices and converts the optical signal into an electrical signal (Fig. 5; Fig. 11; Para. 70; A photodiode 332 detects an optical power of the CW light that is transmitted through the optical bandpass filter 331. An AD (analog/digital) converter 333 converts, from an analog signal to a digital signal, an electrical signal that is an optical signal and that indicates the optical power of the CW light); and
a responder (Fig. 5; Fig. 11; the report unit 338) configured to send information on a reception intensity of the electrical signal or a notification of whether reception is possible according to the reception intensity of the electrical signal to the one or more first optical communication devices as a response (Fig. 5; Fig. 11; Para. 90; When the average power is greater than the predetermined threshold (YES in Step S109), the report unit 338 reports a slope of transmission characteristics (ΔP/Δf) to the optical frequency controller 324 (Step S110)), and the specifier specifies the transmission characteristics in the optical transmission path based on the response transmitted from the second optical communication device (Fig. 5; Fig. 11; Para. 90; On the basis of the slope of transmission characteristics (ΔP/Δf), the optical frequency controller 324 controls the amount of frequency change from the center frequency used in Step S102 (Step S111)).
Regarding claim 7, the present system discloses A first optical communication device (Fig. 5) in a communication system comprising:
the first optical communication device (Fig. 5; the transmission unit 320);
a second optical communication device (Fig. 5; Fig. 7; the reception unit 700 (reception unit 330)) configured to communicate with the first optical communication device (Fig. 5; the optical signal is transmitted from the transmission unit 320 to the reception unit 330 as shown); and
an optical transmission path (Fig. 5; the transmission path from the transmission unit 320 to the reception unit 700) configured to connect the first optical communication device and the second optical communication device (Fig. 5; the path shown with a solid line connects the transmission unit 320 and the reception unit 700 as shown),
the first optical communication device (Fig. 5; the transmission unit 320) comprising:
a transmitter (Fig. 5; the CW light source 323, the frequency modulation unit 322, and the polarization modulation unit 321) configured to transmit a wavelength-swept optical signal to the second optical communication device via the optical transmission path (Fig. 5; Fig. 4; Para. 47; the transmitter 201 transmits a CW light obtained by modulating a CW light of a center frequency f1 by an amount of frequency modulation Δf. The receiver 203 measures an optical power of the frequency-modulated CW light. The transmitter 201 transmits a CW light obtained by modulating a CW light of a center frequency f2 by an amount of frequency modulation Δf. The receiver 203 measures an optical power of the frequency-modulated CW light); and
a specifier (Fig. 5; Fig. 11; optical frequency controller 324) configured to receive either a reception result of the wavelength-swept optical signal or an optical signal returned from the second optical communication device and specifies transmission characteristics in the optical transmission path (Fig. 5; Fig. 11; Para. 90; When the average power is greater than the predetermined threshold (YES in Step S109), the report unit 338 reports a slope of transmission characteristics (ΔP/Δf) to the optical frequency controller 324 (Step S110). On the basis of the slope of transmission characteristics (ΔP/Δf), the optical frequency controller 324 controls the amount of frequency change from the center frequency used in Step S102 (Step S111)).
Regarding claim 8, the present system teaches a device that necessarily perform this method claim in light of the rejection as described and applied in Claim 1.
Conclusion
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JAI M. LEE
Examiner
Art Unit 2634
/JAI M LEE/Examiner, Art Unit 2634
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