Ex Parte ZHANG et al

Patent Trial and Appeal Board

Sep 20, 2018

15225412 (P.T.A.B. Sep. 20, 2018)

UNITED STA TES p A TENT AND TRADEMARK OFFICE
APPLICATION NO. FILING DATE
15/225,412 08/01/2016
44987 7590
Harrity & Harrity, LLP
11350 Random hills road
Suite 600
Fairfax, VA 22030
09/24/2018
FIRST NAMED INVENTOR
BoZHANG
UNITED STATES DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
Address: COMMISSIONER FOR PATENTS
P.O. Box 1450
Alexandria, Virginia 22313-1450
www .uspto.gov
ATTORNEY DOCKET NO. CONFIRMATION NO.
0023-0649Dl 1738
EXAMINER
CORS, NATHAN M
ART UNIT PAPER NUMBER
2636
NOTIFICATION DATE DELIVERY MODE
09/24/2018 ELECTRONIC
Please find below and/or attached an Office communication concerning this application or proceeding.
The time period for reply, if any, is set in the attached communication.
Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
following e-mail address(es):
docket@harrityllp.com
mpick@harrity llp .com
ptomail @harrity llp. com
PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE PATENT TRIAL AND APPEAL BOARD
Ex parte BO ZHANG, THEODORE J. SCHMIDT, and
CHRISTIAN MALOUIN 1
Appeal2018-001582
Application 15/225,412
Technology Center 2600
Before JAMES R. HUGHES, ERIC S. FRAHM, and
MATTHEW J. McNEILL, Administrative Patent Judges.
HUGHES, Administrative Patent Judge.
DECISION ON APPEAL
STATEMENT OF THE CASE
Appellants seek our review under 35 U.S.C. § 134(a) of the
Examiner's final decision rejecting claims 15-18, 21-27, 30, 31, 33, and 36-
41. Claims 1-14, 19, 20, 28, 29, 32, 34, and 35 have been canceled. We
have jurisdiction under 35 U.S.C. § 6(b ).
We reverse.
1 According to Appellants, the real party in interest is Juniper Networks, Inc.
App. Br. 3.
Appeal2018-001582
Application 15/225,412
Appellants' Invention
The invention generally relates to techniques for modulating an
optical signal to carry information. Spec. ,r 1. Techniques include
polarization multiplexing (PM), where "electrical data signals are modulated
onto an optical carrier wave having orthogonal polarizations (e.g., an X
polarization and a Y polarization) so that the overall data throughput is
doubled," and quadrature amplitude modulation (QAM), where "electrical
data signals are modulated, via an in-phase, or 'I' channel, and a quadrature
(90 degree) phase, or 'Q' channel, onto a single optical carrier wave such
that both the amplitude and the phase of the optical carrier wave are
modulated." Id. An optical modulator can use both PM and QAM
techniques to modulate optical carrier waves, for example, by combining
"four optical signals: one on the I channel of the X polarization, one on the
Q channel of the X polarization, one on the I channel of the Y polarization,
and one on the Q channel of the Y polarization." Spec. ,r 17. Further, an
optical modulator can include multiple tributary modulators, for example,
tributary modulators to modulate signals on the I and Q channels for each of
the X and Y polarizations. Spec. ,r,r 31-32. The invention can detect an
error based on multiple modulated signals generated by the tributary
modulators, where the error can be a power difference between signals
produced by each tributary modulator, and can control the properties of a
tributary modulator by using a feedback loop. See Spec. ,r,r 33-34.
Representative Claim
Independent claim 15, reproduced below, is illustrative of the claimed
subject matter:
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Appeal2018-001582
Application 15/225,412
15. A system, comprising:
one or more devices to:
generate an alternating current bias voltage;
determine a first power level of a first signal
output from a first modulator, the first signal being a first
optical signal associated with a particular polarization
orientation;
determine a second power level of a second signal
output from a second modulator, the second signal being
a second optical signal associated with the particular
polarization orientation;
determine a relationship between the first power
level and the second power level;
generate, based on the relationship between the
first power level and the second power level, an error
signal;
generate, based on the error signal, a direct current
bias voltage;
generate, based on the alternating current bias
voltage and the direct current bias voltage, a combined
signal; and
set, based on the combined signal, a reverse bias
voltage associated with the first modulator, the reverse
bias voltage being used to control the first power level of
the first signal.
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Appeal2018-001582
Application 15/225,412
Rejections on Appeal
The Examiner rejects claims 15-18, 21-27, 30, 31, 33, and 36-41
under 35 U.S.C. § 112(a) or 35 U.S.C. § 112 (pre-AIA), first paragraph, as
failing to comply with the written description requirement.
ANALYSIS
The test for sufficiency under the written description requirement "is
whether the disclosure of the application relied upon reasonably conveys to
those skilled in the art that the inventor had possession of the claimed
subject matter as of the filing date." Ariad Pharmaceuticals, Inc. v. Eli Lilly
and Company, 598 F.3d 1336, 1351 (Fed. Cir. 2010).
The Examiner finds the subject matter of independent claims 1, 15,
and 23, which involves determining the power levels of two similarly
polarized signals from two different modulators and generating an error
signal based on the two signals, is not described in sufficient detail in the
Specification to show possession. See Final Act. 3--4. Appellants contend
proper written description support for the claims can be found in paragraphs
33, 54, and 55 of the Specification. App. Br. 8. We agree with Appellants.
Appellants' Figure 3 shows a device with an optical source 310 and a
modulator 320 comprised of multiple tributary modulators 330-1 through
330-M. Spec. ,r 30. "For example, modulator 320 may include a QAM
modulator with two tributary modulators 330, one to modulate signals on the
I channel, and one to modulate signals on the Q channel." Id. ,r 31.
Modulatory 320 includes a detector 340 which "may detect an error based
on multiple modulated signals generated by multiple tributary modulators
330." Id. ,r 33. In an embodiment, first and second power levels are
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Appeal2018-001582
Application 15/225,412
determined for first and second signals output by two different modulators,
where "the first and second signals may be associated with the same
polarization orientation ( e.g., a tributary modulator for the I channel and a
tributary modulator for the Q channel)." Id. ,r 54. Then, "detector 340 may
determine a relationship between the first and second power levels, such as a
difference between the first and second power levels, a ratio between the
first and second power levels, etc., and may generate an error signal based
on the relationship." Id. ,r 55.
We find the above-described subject matter from Appellants'
Specification provides sufficient written description support for the claimed
features the Examiner found lacking in such support. In particular, the
above description shows Appellants had possession of a system that
generates an error signal based on a relationship between power levels of
two different, but similarly polarized signals output from two different
modulators, as recited in claim 15.
We, therefore, find the Examiner erred in rejecting independent claim
15, independent claims 23 and 30, which recite commensurate limitations,
and dependent claims 16-18, 21, 22, 24--27, 31, 33, and 36-41 for similar
reasons.
CONCLUSION
The Examiner erred in rejecting claims 15-18, 21-27, 30, 31, 33, and
36-41 under 35 U.S.C. § 112(a).
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Appeal2018-001582
Application 15/225,412
DECISION
We reverse the Examiner's rejection of claims 15-18, 21-27, 30, 31,
33, and 36-41.
REVERSED
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