Appeal 2007-2202
Application 10/608,169
In response the Examiner states, on page 11 of the Answer:
First, nowhere in the language of claims 1, 3[,] 6-8, 10-1 1 is there a mention
of a photonic "switch". Second, even though Eggleton only mentions that the
feedback control is used to stabilize the circuit against ambient changes of
temperature (lines 18-25, col. 3), it is noted that Eggleton clearly states that
the controller 15 receives a primary control signal indicative of a desired
setting for the tunable optical device (lines 9-1 1, col. 3), i.e., the device is
tunable (implying multiple temperature/wavelength pairs). However, in any
case, it is noted that the claim language recites one or more frequencies and
one or more temperatures (emphasis added), hence Eggleton does contain
the disputed limitation.
Appellants’ arguments directed to the rejection based upon Eggleton have
not persuaded us of error in the Examiner’s rejection of independent claims 1, and
7. As discussed above neither independent claim 1 nor independent claim 7 recites
a photonic switch, nor do the claims recite infinitely variable and precise control of
the frequency. Thus, whether or not Eggleton teaches a photonic switch with
infinitely variable control is irrelevant. We concur with the Examiner’s finding
that Eggleton teaches a control circuit to stabilize the temperature of a thermally
tunable optical device. (Col. 2, ll. 64-66.) We find that Eggleton’s control circuit
receives a signal indicative of the desired setting of the optical device. (Col. 3, ll.
10-11.) Further, we note that Eggleton teaches that these devices are thermally
tuned to a specific wavelength. (Col. 1, ll. 36-40.) As such, one skilled in the art
would recognize that the desired setting is a frequency, and that that frequency is
associated with a temperature. As discussed above, the “logic” limitation of claim
1 is broad enough to encompass any type of logic in which one frequency is
associated with one temperature. Thus, we consider the control system with the
control signal input of Eggleton to meet the logic of claim 1. Further, as Eggleton
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