DETAILED ACTION
This Office Action is in response to the application as originally filed 05/30/2025. The detail office action to the pending claims 1-19 is as shown below.
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1, 4, 8, 11, 13, 16 are rejected under 35 U.S.C. 103 as being unpatentable over US20200366376 to Rahn et al. (“Rahn”) in view of WO2021/028531 to Zhang et al. (“Zhang”) (The remarks and/or references placed in the parentheses apply to the prior art)
RE claims 1 and 13, Rahn discloses a communication method (e.g. Rahn, para [0002]) and a communication apparatus (e.g. Rahn, para [0002) , wherein the apparatus comprises a memory (e.g. Rahn, para [0066]: one or more transient memory), a processor (e.g. Rahn, para [0066]: a component or circuitry, such as a processor), and a computer program stored in the memory (e.g. Rahn, para [0066]: a software stored on one or more non-transient memory), wherein the processor executes the computer program (e.g. Rahn, para [0066]: the software includes one or more computer executable instructions to be executed by one or more component or circuitry, such as processor), to enable the first node to implement the method (e.g. Rahn, Figs. 1, 11A, para [0066]: the software cause the component or circuitry (such as the processor, the first node) to perform a specified function), wherein the method comprises: generating by a first node (e.g. Figs. 1, 11, para [0007] and Claim 1 of Rahn: generating by a first node (210)), a first signal (a fist signal, see Claim 1 of Rahn), to be sent to a second node (e.g. Claim 1 of Rahn: the first signal is received by receiver 220), wherein a first frequency resource is used for the first signal (e.g. Fig. 4D and para [0016] of Rahn: wherein a first subcarrier carries data indicative of a first one of the plurality of independent data streams); the first frequency resource is adjacent to a second frequency resource (e.g. Fig. 4D of Rahn illustrate the first subcarrier (SC1) is adjacent to a second subcarrier (SC2)); the second frequency resource is used for transmitting a signal to be sent to the second node (e.g. Fig. 4D and para [0016] of Rahn: wherein a second subcarrier carries data indicative of a second one of the plurality of independent data streams; and a receiver (i.e. second node), comprising circuitry, is configured to receive the plurality of subcarriers), the signal transmitted on the second frequency resource is different from the first signal (e.g. para [0096] of Rahn: For example, a first subcarrier SCI may carry data at a first rate and subcarrier SC2 may carry data at a different rate that is higher or lower than the first rate), or the second frequency resource is not used for transmitting a signal (Note: use of alternative language “or” indicates the prior art need to teach at least one of the features before or after the conjunction term “or” ); and a width of the second frequency resource is greater than or equal to a width of the first frequency resource (e.g. para [0066] of Rahn: For example, the first subcarrier SCI may carry data at or have an associated a first baud rate and the second subcarrier SC2 may carry data at or have an associated second baud rate that is higher than the first baud rate); and sending, by the first node, the first signal (e.g. para [0016] and Claim 1 of Rahn: the receiver receives the modulated signal including the plurality of subcarriers and converts the plurality of subcarriers into digital signals to output one or more of the plurality of independent data streams.)
The subject matter of claims 1 and 13 differ from Rahn in that Rahn does not expressly recite the term “frequency resource”. However, Rahn teaches a first subcarrier and a second subcarrier carry a first data and a second data (e.g. Fig. 4 and para [0016]). Given the broadest reasonable interpretation (BRI), in light of the specification (e.g. para [0098] of the un-published Application) as it would be interpreted by one of ordinary skill in the art, Rahn’s disclosure (e.g. Fig. 4 and para [0016]) of the first subcarrier and the second subcarrier which carry data can be understood as first and second frequency resources. Additionally, in a field related to optical networks, it is well established that frequency resources include subcarriers. See for example, Zhang (page 10, lines 20-25) which describe that time-frequency resources include subcarriers, resource blocks (RBs), etc. Hence the prior art includes each element/feature as claimed, although not necessarily in a single prior art reference, with the only difference between the claimed invention and the prior art being the lack of actual combination of the elements in a single prior art reference. Thus, it would have been obvious at the time the invention was made to a person of ordinary skill in the art (POSITA) to modify the feature/element disclosed by Rahn with the knowledge generally available to one of ordinary skill in the art given the broadest reasonable interpretation in light of the specification or with Zhang’s teaching or suggestion. The suggestion/motivation in doing so would have been to indicate that time-frequency resources, in a technical field related to optical networks, include one or more subcarriers. Therefore one of ordinary skill in the art, such as an individual working in a field related to optical access networks could have combined the features/elements as claimed by known methods, and that in combination, each feature/method merely performs the same function as it does separately, with each feature/method retaining its advantageous function, yielding predictable result/s. It is for at least the aforementioned reasons that the Examiner has reached a conclusion of obviousness with respect to claims 1 and 13.
RE claims 4 and 16, Rahn discloses the method according to claim 1 and the apparatus according to claim 13, wherein the second frequency resource is used for transmitting a signal of the second node (e.g. Fig. 4D and para [0016] of Rahn: wherein a second subcarrier carries data indicative of a second one of the plurality of independent data streams; and a receiver (i.e. second node), comprising circuitry, is configured to receive the plurality of subcarriers), and the method further comprises: generating, by the first node, a third signal to be sent to the second node (e.g. Rahn, Fig. 1, paras [0074], [0077]: the first node (210) includes a number of optical transmitters (212-1 through 212-M) that are coupled to respective waveguides 214. Each waveguide 214 transmit output optical signals, each including a carrier and a plurality of subcarriers of the optical transmitters 212) wherein the second frequency resource is used for transmitting the third signal (e.g. Fig. 4D and para [0016] of Rahn: wherein a second subcarrier carries data indicative of the plurality of independent data streams; and the receiver is configured to receive the plurality of subcarriers), and an information amount of the third signal is less than an information amount of the first signal (e.g. Figs, 1, 10, paras [0066], [0096], [0122] of Rahn: the first subcarrier (SC1) and the third subcarrier (SC3) have bandwidth different than the bandwidths of the other subcarriers), or transmit power of the third signal is less than transmit power of the first signal ((Note: use of alternative language “or” indicates the prior art need to teach at least one of the features before or after the conjunction term “or” ); and sending, by the first node, the third signal (e.g. Rahn, Fig. 13 and para [01758]: transmitter 212 and may send the plurality of subcarriers such as, for example, SC1-SC4, to receiver 226).
RE claim 8, Rahn discloses a communication method, wherein the method comprises: receiving, by a second node, a first signal, wherein a first frequency resource is used for the first signal (e.g. Rahn, para [0015]-[0016]: Consistent with an aspect of the present disclosure, an optical network system may comprise a transmitter (first node) comprising at a least a modulator configured to modulate an optical light beam and output a modulated optical signal including a plurality of optical subcarriers, wherein a first one of the plurality of optical subcarriers carries data indicative of a first one of the plurality of independent data streams, and a second one of the plurality of optical subcarriers carries data indicative of a second one of the plurality of independent data streams. A receiver (second node) comprising circuitry configured to receive the plurality of optical subcarriers including the independent data streams supplied by a digital signal processor of a transmitter); the first frequency resource is adjacent to a second frequency resource (e.g. Fig. 4D of Rahn illustrate the first subcarrier (SC1) is adjacent to a second subcarrier (SC2)); the second frequency resource is used for transmitting a signal to be sent to the second node (e.g. Fig. 4D and para [0016] of Rahn: wherein a second subcarrier carries data indicative of a second one of the plurality of independent data streams; and a receiver (i.e. second node), comprising circuitry, is configured to receive the plurality of subcarriers), and the signal transmitted on the second frequency resource is different from the first signal (e.g. para [0096] of Rahn: For example, a first subcarrier SCI may carry data at a first rate and subcarrier SC2 may carry data at a different rate that is higher or lower than the first rate), or the second frequency resource is not used for transmitting a signal (Note: use of alternative language “or” indicates the prior art need to teach at least one of the features before or after the conjunction term “or” ); and a width of the second frequency resource is greater than or equal to a width of the first frequency resource (e.g. para [0066] of Rahn: For example, the first subcarrier SCI may carry data at or have an associated first baud rate and the second subcarrier SC2 may carry data at or have an associated second baud rate that is higher than the first baud rate); and obtaining information content of the first signal from the first signal (e.g. Rahn, para [0016]: the receiver is configured to receive the plurality of optical subcarriers, including the first and second signals, and to convert the plurality of optical subcarriers into digital signals to output one or more of the plurality of independent data streams.)
The subject matter of claim 8 differ from Rahn in that Rahn does not expressly recite the term “frequency resource”. However, Rahn teaches a first subcarrier and a second subcarrier carry a first data and a second data (e.g. Fig. 4 and para [0016]). Given the broadest reasonable interpretation (BRI), in light of the specification (e.g. para [0098] of the un-published Application) as it would be interpreted by one of ordinary skill in the art, Rahn’s disclosure (e.g. Fig. 4 and para [0016]) of the first subcarrier and the second subcarrier which carry data can be understood as first and second frequency resources. Additionally, in a field related to optical networks, it is well established that frequency resources include subcarriers. See for example, Zhang (page 10, lines 20-25) which describe that time-frequency resources include subcarriers, resource blocks (RBs), etc. Hence the prior art includes each element/feature as claimed, although not necessarily in a single prior art reference, with the only difference between the claimed invention and the prior art being the lack of actual combination of the elements in a single prior art reference. Thus, it would have been obvious at the time the invention was made to a person of ordinary skill in the art (POSITA) to modify the feature/element disclosed by Rahn with the knowledge generally available to one of ordinary skill in the art given the broadest reasonable interpretation in light of the specification or with Zhang’s teaching or suggestion. The suggestion/motivation in doing so would have been to indicate that time-frequency resources, in a technical field related to optical networks, include one or more subcarriers. Therefore one of ordinary skill in the art, such as an individual working in a field related to optical access networks could have combined the features/elements as claimed by known methods, and that in combination, each feature/method merely performs the same function as it does separately, with each feature/method retaining its advantageous function, yielding predictable result/s. It is for at least the aforementioned reasons that the Examiner has reached a conclusion of obviousness with respect to claim 8.
RE claim 11, Rahn discloses the method according to claim 8, wherein the second frequency resource is used for transmitting a signal of the second node (e.g. Fig. 4D and para [0016] of Rahn: wherein a second subcarrier carries data indicative of a second one of the plurality of independent data streams; and a receiver (i.e. second node), comprising circuitry, is configured to receive the plurality of subcarriers), and the method further comprises: receiving, by the second node, a third signal (e.g. Rahn, Fig. 1, paras [0074], [0077]: the first node (210) includes a number of optical transmitters (212-1 through 212-M) that are coupled to respective waveguides 214. Each waveguide 214 transmits output optical signals, to the receiver, wherein each including a carrier and a plurality of subcarriers of the optical transmitters 212) wherein a frequency resource used for the third signal is the second frequency resource (e.g. Fig. 4D and para [0016] of Rahn: wherein a second subcarrier carries data indicative of the plurality of independent data streams; and the receiver is configured to receive the plurality of subcarriers), and an information amount of the third signal is less than an information amount of the first signal (e.g. Figs, 1, 10, paras [0066], [0096], [0122] of Rahn: the first subcarrier (SC1) and the third subcarrier (SC3) have bandwidth different than the bandwidths of the other subcarriers), or transmit power of the third signal is less than transmit power of the first signal ((Note: use of alternative language “or” indicates the prior art need to teach at least one of the features before or after the conjunction term “or” ); and sending, by the first node, the third signal (e.g. Rahn, Fig. 13 and para [01758]: transmitter 212 and may send the plurality of subcarriers such as, for example, SC1-SC4, to receiver 226).
Objected but Allowable Subject Matter
Claims 2-3, 5-7, 9-10, 12, 14-15, 17-19 are objected to as being directly or indirectly dependent upon rejected base claims but would be allowable if rewritten in independent form including all of the limitations of the Independent claim plus base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure are (See the attached Notice of References Cited (PTO-892)). These prior arts are considered pertinent because they relate generally to optical access networks, in particular to networks of coherent transmission or networks which use standard coherent receivers..
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/BERHANU TADESE/Primary Examiner, Art Unit 2632
