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 Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claims 1-17 are rejected under 35 U.S.C. 103 as being unpatentable over Hewavithana et al. (US 20230144817) in view of Maricevic et al. (US 20220053235) and/or Rakib (US 20130332978) and Li et al. (US 20230014930) and/or Andrei et al. (US 20190052237).
Note: all documents that are directly or indirectly incorporated by references in Li (para. 0001, 0084), Rakib (paragraphs 0001, 0008, 0015, 0105, 0151, 0177, 0186, 0191, 0218, 0222, 0246) are treated as part of the specification of Li or Rakib respectively (see for example, MPEP 2163.07 b).
Regarding claim 1, Hewavithana discloses a method of managing signals in a hybrid fiber-coaxial (HFC) network (managing signals in a hybrid fiber-coaxial (HFC) network including node and/or CMTS, taps, to cable modems 180 – see include, but are not limited to, figures 1, 5a, paragraphs 0025-0029, 0031-0032), comprising:
receiving, at a node, a downstream optical signal, wherein said received downstream optical signal having a higher-frequency band and a lower-frequency band, wherein said lower-frequency band is at least partially overlapping in frequencies with said higher-frequency band, wherein said higher-frequency band has frequencies that are greater than any frequencies in said lower-frequency band, wherein said node separates said lower-frequency band from said higher-frequency band, wherein the separated lower-frequency band includes frequencies included in said separated higher-frequency band (receiving at a node/CMTS, a downstream optical signal/shared signal comprising first frequency band and second frequency band, first frequency band with one frequency band having higher frequency than the other frequency band, wherein the first frequency band and second frequency band having at least a partially overlapping in frequencies in a transition frequency band - figures 1, 3, 5a-5d, 6e, paragraphs 0031, 0039, 0044-0045, 0054, 0058-0061, 0118, 0138, 0158) ;
amplifying, at the node, said lower-frequency band and higher-frequency band (amplifying at the node/CMTS, frequencies of shared signal – see include, but are not limited to, figures 3, 5a, 5d, paragraphs 0031, 0039, 0044, 0045, 0058-0061) ; and
combining, at the node, higher-frequency band and the lower-frequency band into an output signal that is transmitted from said node (combining at the node, result/output of the first frequency band and second frequency band into an output/shared signal after frequency bands have been amplified- see include, but are not limited to, figures 1, 3a-5b, paragraphs 0042, 0044-0045).
Hewavithana does not explicitly disclose amplifying lower-frequency band by a magnitude different than that of the higher-frequency band for the partially overlapping frequencies; and
combining the result of amplifying said higher-frequency band and lower-frequency band.
Maricevic discloses amplifying, at a node lower-frequency band by a magnitude different than that of higher-frequency band (amplifying/upconverting at node/digital forward receiver, lower-frequency band 108-642 MHz by a magnitude (to 1218-1798 MHz) different than that of higher-frequency band 642-1218 MHz – see figures 9-10, paragraphs 0060, 0067-0068); and
combining, at the node, the higher-frequency band and the lower-frequency band into an output signal after the lower-frequency band has been amplified (combining, at digital forward receiver/node, higher-frequency band 642-1218 MHz via 948(I,2) with lower-frequency band 108-642 MHz via 948(I,3) after the lower-frequency band has been amplified to via 952(i) after the lower-frequency band has been amplified (see include, but are not limited to, Maricevic: figures 9-10, paragraphs 0060, 0067-0068).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Hewavithana with the teaching including amplifying lower-frequency band by a different magnitude than higher-frequency band, combining the frequencies bands at a node when lower-frequency band has been amplified as taught by Maricevic in order to yield predictable result preventing overlapping of frequency range (paragraph 0067).
Alternatively, Rakib discloses receiving at a node, a downstream optical signal in higher- frequency band and lower-frequency band (receiving, at the CDN-fiber node and/or Coaxial domain node, a downstream optical signal from head end in different frequency bands – see include, but are not limited to, figures 1, 5a-5d, 13-16, paragraphs 0063, 0098, claim 1);
amplifying, at the node, the lower-frequency band and higher frequency bands and combining the result of the amplifying the higher-frequency bands and lower-frequency band (amplifying at the CDN fiber node and/or coaxial node the received frequency bands using amplifiers in the node and combining the frequency after the frequency bands, including lower frequency band/channel, has been amplified by the amplifier - see include, but are not limited to, figures 1, 5a-6, 13-16, paragraphs 0063, 0098, claim 1).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Hewavithana with the teaching comprising amplifying frequency bands and combining frequency bands at a node after lower frequency band has been amplified as taught by Rakib in order to yield predictable result of improve an intelligent amplifier-repeater that simplifies the process for providing signals (paragraph 0033).
Li discloses amplifying lower-frequency band by a magnitude different than that of higher-frequency band (figures 1-2, paragraph 0062).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing of the claimed invention to modify Hewavithana in view of Rakib with the teaching of amplifying lower frequency band by a magnitude different than that of higher frequency band as taught by Li in order to yield predictable result of respectively amplifying the output signals of frequency components corresponding to the plurality of frequency bands into the control signals to improve a user’s hearing compensation effect in a specific frequency band (paragraphs 0052, 0004).
Additionally and/or alternatively, Andrei discloses received downstream having a higher-frequency band (e.g., 1.2 GHz-8GHz) and lower-frequency band (e.g., 20MHz-1.6 GHz), wherein the lower-frequency band is at least overlapping in frequencies with the higher-frequency band (e.g., about 50 MHz, 100 MHz, 200 MHz, 300 MHz, or 400 MHz), wherein said higher frequency has frequencies that are greater than any frequencies in said lower-frequency band, wherein node (with amplifier circuitry) separates said lower-frequency band from said higher-frequency band, wherein the separated lower-frequency band includes frequences included in said separated higher frequency band (separated lower-frequency band from 20 MHz-1.6GHz includes frequencies 1.2 MHz-1.6MHz included in the separated higher frequency band 1.2 GHz to 8GHz) – see include, but are not limited to, figures 1-5, paragraphs 0016-0019, 0024, 0030, 0032-0035);
amplifying, at a node (amplifier circuitry), said lower-frequency band by a magnitude different than that of the higher-frequency band for said partially overlapping frequencies (see include, but are not limited to, figures 1-3, 5, paragraphs 0039-0043, 0085-0089, 0109);
combining, at the node (amplifier circuitry), the result of said amplifying said higher frequency band and the lower-frequency band into an output signal that is transmitted from said node (combining, at the amplifier circuitry using diplexer, the outputs of amplifiers in first path and second path the higher-frequency band and lower-frequency band into an output signal that is transmitted from the amplifier circuity – see include, but are not limited to, figures 1-5, paragraphs 0017-0019).
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Hewavithana with the teachings as taught by Andrei in order to yield predictable result of optimizing individually, e.g., regarding the gain/power and the gain/bandwidth product, or reducing cost and less complex for manufacture of amplifiers (see include, but are not limited to, paragraphs 0008, 0021).
Regarding claim 2, Hewavithana in view of Maricevic or Rakib and Li and/or Andrei discloses the method of claim 1, wherein amplification of the lower-frequency band is greater than amplification of the higher-frequency band (see Maricevic: paragraphs 0067-0068; Li: paragraph 0062; Andrei: paragraphs 0039-0043).
Regarding claim 3, Hewavithana in view of Maricevic or Rakib and Li and/or Andrei discloses the method of claim 2, wherein the higher-frequency band is not amplified prior to the step of combining (see Maricevic: paragraphs 0067-0068; Li: paragraph 0062; Andrei: paragraphs 0039-0043, 0085).
Regarding claim 4, Hewavithana in view of Maricevic or Rakib and Li and/or Andrei discloses the method of claim 2, further comprising: receiving, at a plurality of amplifier apparatus downstream and separate from the node, the output signal; and amplifying, at the plurality of amplifier apparatus, the higher-frequency band by a magnitude different than that of the lower-frequency band (receiving, at a plurality of amplifier apparatus downstream after the node, in the tap, etc. and separate from the node, the output signal, and amplifying at the amplifier apparatus in the network, tap, etc. the higher frequency band by a magnitude different than the lower-frequency band – see include, but are not limited to, Hewavithana: figures 3a-5d, paragraphs 0037, 0044-0045, 0047, 0056; Maricevic: paragraphs 0067-0068; Rakib: figures 4a-5d; Li: paragraph 0062; or see include, but are not limited to, Andrei: paragraphs 0039-0043, 0085) .
Regarding claim 5, Hewavithana in view of Maricevic or Rakib and Li and/or Andrei discloses the method of claim 4, wherein amplification of the lower-frequency band at the plurality of amplifier apparatus is greater than amplification of the higher-frequency band at the plurality of amplifier apparatus (see Maricevic: paragraphs 0067-0068; Li: paragraph 0062; or see include, but are not limited to, Andrei: paragraphs 0039-0043, 0085).
Regarding claim 6, Hewavithana in view of Maricevic or Rakib and Li and/or Andrei discloses the method of claim 1, further comprising: receiving, at one or more tap apparatus, the output signal (receiving, at one or more taps 120-170, the output signal comprising shared signal – see include, but are not limited to, Hewavithana: figures 1, 3b, 3d, 5a, paragraphs 0042, 0044-0045); and
amplifying, at the one or more tap apparatus, the higher-frequency band by a magnitude different than that of the lower-frequency band (see include, but are not limited to, Hewavithana: figures 3b, 3d-5b, 5d, 6e. paragraphs 0046-0047, 0056; Andrei: paragraphs 0039-0043, 0085) .
Regarding claim 7, Hewavithana in view of Maricevic or Rakib and Li and/or Andrei discloses the method of claim 6, wherein amplification of the higher-frequency band at the one or more tap apparatus more than amplification of the lower-frequency band at the one or more tap apparatus (higher frequencies are amplified to a higher degree than lower frequencies within the first frequency band – (see include, but are not limited to, Hewavithana: figures 3b, 3d-5b, 5d, 6e. paragraphs 0046-0047, 0056; Andrei: figures 1-4, paragraphs 0039-0043, 0085).
Regarding claim 8, Hewavithana in view of Maricevic or Rakib and Li and/or Andrei discloses the method of claim 7, wherein amplification of the lower-frequency band is not performed at the one or more tap apparatus (lower frequency is bypassed the AMP 33 or filtered by HPF prior to the amp 33 – see include, but are not limited to, Hewavithana: figures 3b-5b, 5d, paragraphs 0047, 0051, 0053, 0056; Andrei: figures 1-4, paragraphs 0039-0043, 0085).
Regarding claim 9, Hewavithana in view of Maricevic or Rakib and Li and/or Andrei discloses the method of claim 6, wherein amplification of the higher-frequency band at the one or more tap apparatus is by an amount less than the amplification of the lower- frequency band by the node (see include, but are not limited to, Hewavithana: figures 3a-5d, paragraphs 0037, 0044-0045, 0047, 0056; Maricevic: paragraphs 0067-0068; Rakib: figures 4a-5d; Li: paragraph 0062; Andrei: figures 1-4, paragraphs 0039-0043, 0085).
Regarding claim 10, Hewavithana in view of Maricevic or Rakib and Li and/or Andrei discloses the method of claim 1, wherein the higher-frequency band is 1000 to 1800 MHz (lower limit 1 GHz, upper limit 1.8 GHz - see include, but are not limited to, Hewavithana: paragraphs 0046, 0069 figure 5b; Andrei: paragraphs 0019, 0033).
Regarding claim 11, Hewavithana in view of Maricevic or Rakib and Li and/or Andrei discloses the method of claim 1, wherein the lower-frequency band is 55 to 400 MHz (see include, but are not limited to, Hewavithana: figure 5b, paragraphs 0046, 0068; Andrei: paragraphs 0016, 0019, 0033) .
Regarding claim 12, Hewavithana in view of Maricevic or Rakib and Li and/or Andrei discloses the method of claim 11, wherein the lower-frequency band is 55 to 330 MHz (see include, but are not limited to, Hewavithana: figure 5b, paragraphs 0046, 0068; Andrei: paragraphs 0016, 0019, 0033).
Regarding claim 13, Hewavithana in view of Maricevic or Rakib and Li and/or Andrei discloses the method of claim 11, wherein the lower-frequency band is 85 to 330 MHz (see include, but are not limited to, Hewavithana: figure 5b, paragraphs 0046, 0068; Andrei: paragraphs 0016, 0019, 0033).
Regarding claim 14, Hewavithana in view of Maricevic or Rakib and Li and/or Andrei discloses the method of claim 11, wherein the lower frequency band is 85 to 400 MHz (see include, but are not limited to, Hewavithana: figure 5b, paragraphs 0046, 0068; Andrei: paragraphs 0016, 0019, 0033).
Regarding claim 15, Hewavithana in view of Maricevic or Rakib and Li and/or Andrei discloses the method of claim 1, wherein the lower frequency band is 108 to 684 MHz (see include, but are not limited to, Hewavithana: figure 5b, paragraphs 0046, 0068; Andrei: paragraphs 0016, 0019, 0033).
Regarding claim 16, Hewavithana in view of Maricevic or Rakib and Li and/or Andrei discloses the method of claim 15, wherein the lower frequency band is 108 to 300 MHz (see include, but are not limited to, Hewavithana: figure 5b, paragraphs 0046, 0068; Andrei: paragraphs 0016, 0019, 0033).
Regarding claim 17, Hewavithana in view of Maricevic or Rakib and Li and/or Andrei discloses the method of claim 15, wherein the lower frequency band is 108 to 492 MHz (see include, but are not limited to, Hewavithana: figure 5b, paragraphs 0046, 0068; Andrei: paragraphs 0016, 0019, 0033).
Conclusion
This is a continuation of applicant's earlier Application No. 18/271,601. All claims are identical to, patentably indistinct from, or have unity of invention with the invention claimed in the earlier application (that is, restriction (including lack of unity) would not be proper) and could have been finally rejected on the grounds and art of record in the next Office action if they had been entered in the earlier application. Accordingly, THIS ACTION IS MADE FINAL even though it is a first action in this case. See MPEP § 706.07(b). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
In this case, claims 1-17 are identical to claims 1-17 filed 05/05/2025 Applicant’s earlier filed application No. 18/271,601, and those claims are rejected in the final rejection dated 05/16/2025.
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AN SON P HUYNH whose telephone number is (571)272-7295. The examiner can normally be reached 9:00 am-6:00 pm.
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/AN SON P HUYNH/ Primary Examiner, Art Unit 3795
August 10, 2026
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