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 .
Response to Amendment
The Examiner acknowledges amended claims 1 and 16.
Response to Arguments
Applicant's arguments filed 12/23/2025 have been fully considered but they are not persuasive.
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., It contains periodic or quasi-periodic variations in refractive index that satisfy a Bragg condition, causing constructive interference for specific wavelengths) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Regarding Applicants argument on page 9 states “the first waveguide and first WSG collectively enable a reflection spectrum that includes a plurality of reflections at different wavelengths. Clearly, the segmented optical coupler shown in Deacon fails to operate in this manner”. Examiner disagree with the Applicant because Fig. 4 shows a plurality of index diffractions for waveguides 330 & 340 in Fig. 3 which would be equivalent to waveguides 830 & 840 in Fig. 8, see also column 20 lines 6-17; therefore it is inherent that the plurality of index diffraction would have a plurality of reflections. In addition, column 10 lines 42-56 states “For a purely periodic grating, the Bragg wavelength .lambda.B for peak reflection in the retroreflecting configuration shown is given by equation 7… where .LAMBDA. is the grating period, n.sub.eff is the local effective index of refraction of the mode, and m is the order of reflection… With an effective index of about 1,446, Bragg wavelengths of 1552 nm and 1310 mn are obtained with grating periods of 537 nm and 453 mn, respectively.”; therefore 840& 830 would include a plurality of reflections at different wavelengths since 840& 830 have a plurality of refraction index corresponding to a plurality of reflections where each refraction index/reflection would have a corresponding wavelength base on equation 7 from Decon.
Election/Restrictions
Applicant’s election without traverse of specie A6 (Fig. 12-A-C) and subspiece B3 (a photonic integrated circuit) which corresponds to claims 1, 2, 3, 4, 12, 16, 17, 19, 32, 33, and 35 in the reply filed on 07/30/2024 is acknowledged.
Claim Interpretation
Claims 1, 3, 4, 16, 17, 19, 32, 33, 35 recites the word “windowed sampled grating or WSG” which is defined in paragraphs [0047-0051] of the application as a specially modified Bragg grating with a desired non-uniform profile along the propagation direction to produce high reflection at specific set of wavelengths.
Drawings
The drawings are objected to because Fig. 12a-c does not indicate that all the elements numbered in Fig. 12a-c corresponds to the first waveguide (e.g. Grating element 1202 can be corrected by labeling “Waveguide Grating Element 1202”). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-2, 4, 16, 19 and 33 is/are rejected under 35 U.S.C. 102(a1) as being anticipated by Decon (US Patent US-6293688-B1).
Regarding claim 1, Decon teaches a photonic element (Fig. 1 & 8) comprising:
a bottom cladding (Fig. 8 lower cladding 844);
a top cladding (Fig. 8 upper cladding 842);
a first waveguide (Fig. 8 waveguide core 840) that is located between the bottom and top claddings (Fig. 8 waveguide core 840 is between 844 and 842); and
a first windowed sampled grating WSG (Fig. 8 segmented waveguide 830) that is optically coupled with the first waveguide (Fig. 8 segmented waveguide 830 is optically coupled to waveguide core 840, see column 20 lines 34-40),
such that the first waveguide (Fig. 8 waveguide core 840) and first WSG (Fig. 8 segmented waveguide 830) collectively enable a reflection spectrum that includes a plurality of reflections (Fig. 4 shows a plurality of index diffractions for waveguides 330 & 340 in Fig. 3 which would be equivalent to waveguides 830 & 840 in Fig. 8, see column 20 lines 6-17; therefore it is inherent that the plurality of diffraction index would have a plurality of reflections) at different wavelengths (column 10 lines 42-56 states “For a purely periodic grating, the Bragg wavelength .lambda.B for peak reflection in the retroreflecting configuration shown is given by equation 7… where .LAMBDA. is the grating period, n.sub.eff is the local effective index of refraction of the mode, and m is the order of reflection… With an effective index of about 1,446, Bragg wavelengths of 1552 nm and 1310 mn are obtained with grating periods of 537 nm and 453 mn, respectively”; therefore 840& 830 would include a plurality of reflections at different wavelengths since 840& 830 have a plurality of index refraction correlated to a plurality of reflections where each refraction index/reflection would have a corresponding wavelength base on equation 7 from Decon. Hence obtaining a reflection spectrum),
wherein the first WSG (Fig. 8 segmented waveguide 830) is characterized by a grating strength that varies along a first axis (Fig. 8 segmented waveguide 830 varies along “x” axis determined by segments 836 since width of 836 varies) based on a first mathematical function (effective index refraction neff which is the sum of the effective index of the refraction of the mode in the ith segment traverse by the light in the cavity, see also equation 2 and column 3 lines 23-25 ), and wherein the first WSG (Fig. 8 segmented waveguide 830) comprises:
a plurality of grating elements (Fig. 8 segments 836) that is arranged along the first axis (Fig. 8 segments 836 arrange along x axis), and
a plurality of gaps (Fig. 8 segments 838), each gap being located between a pair of adjacent grating elements of the plurality thereof (Fig. 8 each segment 838 is located between a pair of 836), the gaps and the grating elements (Fig. 8 segments 836 and 838) having effective refractive indices (neff from equation 2 and 3) that give rise to more than two effective refractive index values along the first axis (Fig. 8 segments 836 and 838 have a structure that varies in x axis but also varies in the y & z axis since it has similar configuration as the applicant such as in Fig. 6A from the Specification; hence, it is inherent that the effective index would be different in each segment 836 and 838; therefore the difference in between effective index between each segment 836 and each 838 would result in more than two effective refractive) such that the grating strength, corresponding to a difference in the effective refractive index between the gaps and adjacent ones of the grating elements, varies in a non-uniform manner (Fig. 8 segments 836 and 838 vary in a non-uniform through x-y-z axis; it is inherent that the grating strength varies in a non-uniform manner because the effective refractive for each segment, nieff , will be different since geometry of 836 is different in each segment), wherein the plurality of grating elements and/or the plurality of gaps (Fig. 8 segments 836 & 838) is characterized by a physical parameter (nieff equation 2 which is the effective refractive index in the ith segment) that varies according to the first mathematical function along the first axis (neff varies according to equation 3, neff involves the sum of nieff which is the effective index of the refraction of the mode in the ith segment traverse by the light in the cavity; since segments 836 varies in x direction, neff will vary long x direction; column 20 lines 46-48 states “The effective index contrast with the cladding 842 is reduced by equation 11… by adjusting the parameters of the waveguide appropriately, the desired mode sizes can be obtained with a segmented guide” column 21 lines 10-20 “The segmented waveguide 830 now tapers laterally from a 2 micron width to a 1 micron width at the small end, the length of the segments 836 is kept constant at 1 micron, and the duty factor is varied from 50% to 25% by increasing the length of the adjacent regions 838 gradually from 1 micron to 4 microns at the small end. Many variations of the functional form of the taper of the segmentation are possible, and many others can be useful, including a linear taper of the duty factor, exponential, hyperbolic, sinusoidal, and all the other mathematical forms” ), and wherein the physical parameter (nieff) is a dimension along a direction that is orthogonal to the first axis ( since nieff varies along the length of the 830 in Fig. 8 which is orthogonal to the x axis; hence nieff is a dimension along the length of 830 that is orthogonal to x axis);
wherein the first waveguide (Fig. 8 waveguide core 840) and first WSG (Fig. 8 segmented waveguide 830) collectively enable an output signal (Fig. 8 optical propagation 834) that includes a plurality of wavelength signals (Fig. 1 waveguides 112 and 114 provides optical amplification , over an operating band of optical frequencies including a desired wavelength such as 1550 nm or 1310, 980, 860, 780, 630, or 500 nm; column 20 lines 29-31 states “The device 800 may be a portion of the devices 300 or 100 illustrated in FIGS. 3 and 1, respectively, or other devices”).
Regarding claim 2, Decon teaches the photonic element of claim 1 wherein the plurality of wavelength signals includes more than three wavelength signals (Fig. 1 waveguides 112 and 114 provides optical amplification , over an operating band of optical frequencies including a desired wavelength such as 1550 nm or 1310, 980, 860, 780, 630, or 500 nm; column 20 lines 29-31 states “The device 800 may be a portion of the devices 300 or 100 illustrated in FIGS. 3 and 1, respectively, or other devices”).
Regarding claim 4, Decon teaches the photonic element of claim 1, further comprising a gain- element layer (Fig. 1 laser 110, it is inherent that the laser 110 has a gain a element) that is optically coupled with the first waveguide (Fig. 1 waveguides 112 and 114 provides optical amplification, column 20 lines 29-31 states “The device 800 may be a portion of the devices 300 or 100 illustrated in FIGS. 3 and 1, respectively, or other devices”; hence laser 110 is coupled with core waveguide 840 from Fig. 8), wherein the gain-element layer is coupled with includes the first WSG (laser 110 is coupled with core waveguide 840 from Fig. 8 and segmented waveguide 830 is optical coupled to core waveguide 840).
Regarding claim 16, Decon teaches a method for providing a first output signal (Fig. 8 optical propagation axis 834) that includes a plurality of wavelength signals (column 10 lines 53-55 states “With an effective index of about 1,446, Bragg wavelengths of 1552 nm and 1310 mn are obtained with grating periods of 537 nm and 453 mn, respectively”), the method including:
enabling propagation of a first light signal in a first waveguide (Fig. 8 waveguide core 840) that is located between a lower cladding and an upper cladding (waveguide core 840 located between lower cladding 844 and upper cladding 842); and
optically coupling the first light signal and a first window sampled grating WSG (Fig. 8 optical propagation axis 834 is coupled to segmented waveguide 830),
wherein the first waveguide (Fig. 8 waveguide core 840) and first WSG (Fig. 8 segmented waveguide 830) collectively enable a reflection spectrum that includes a plurality of reflections (Fig. 4 shows a plurality of index diffractions for waveguides 330 & 340 in Fig. 3 which would be equivalent to waveguides 830 & 840 in Fig. 8, see column 20 lines 6-17; therefore it is inherent that the plurality of diffraction index would have a plurality of reflections) at different wavelengths (column 10 lines 42-56 states “For a purely periodic grating, the Bragg wavelength .lambda.B for peak reflection in the retroreflecting configuration shown is given by equation 7… where .LAMBDA. is the grating period, n.sub.eff is the local effective index of refraction of the mode, and m is the order of reflection… With an effective index of about 1,446, Bragg wavelengths of 1552 nm and 1310 mn are obtained with grating periods of 537 nm and 453 mn, respectively”; therefore 840& 830 would include a plurality of reflections at different wavelengths since 840& 830 have a plurality of index refraction correlated to a plurality of reflections where each refraction index/reflection would have a corresponding wavelength base on equation 7 from Decon. Hence obtaining a reflection spectrum),
wherein the first WSG (Fig. 8 segmented waveguide 830) is characterized by a grating strength (effective refractive index neff see eq 2) that varies along a first axis based on a first mathematical function (neff varies according to equation 3, neff involves the sum of nieff which is the effective index of the refraction of the mode in the ith segment traverse by the light in the cavity; since segments 836 varies in x direction, neff will vary long x direction; column 20 lines 46-48 states “The effective index contrast with the cladding 842 is reduced by equation 11… by adjusting the parameters of the waveguide appropriately, the desired mode sizes can be obtained with a segmented guide” column 21 lines 10-20 “The segmented waveguide 830 now tapers laterally from a 2 micron width to a 1 micron width at the small end, the length of the segments 836 is kept constant at 1 micron, and the duty factor is varied from 50% to 25% by increasing the length of the adjacent regions 838 gradually from 1 micron to 4 microns at the small end. Many variations of the functional form of the taper of the segmentation are possible, and many others can be useful, including a linear taper of the duty factor, exponential, hyperbolic, sinusoidal, and all the other mathematical forms”),
wherein the plurality of wavelength signals ( column 10 lines 53-55 states “with an effective index of about 1,446, Bragg wavelengths of 1552 nm and 1310 mn are obtained with grating periods of 537 nm and 453 mn, respectively”) is based on the first mathematical function (wavelengths described in column 10 lines 53-55 are based on equation 7), and wherein the first WSG (Fig. 8 segmentation 830) comprises:
a plurality of grating elements (Fig. 8 segments 836) that is arranged along the first axis (Fig. 8 segments 836 arrange along x axis), and
a plurality of gaps (Fig. 8 segments 838), each gap being located between a pair of adjacent grating elements of the plurality thereof (Fig. 8 each segment 838 is located between a pair of 836), the gaps and the grating elements (Fig. 8 segments 836 and 838) having effective refractive indices (neff from equation 2) that give rise to more than two effective refractive index values along the first axis (Fig. 8 segments 836 and 838 have a structure that varies in x axis but also varies in the y & z axis since it has similar configuration as the applicant such as in Fig. 6A from the Specification; hence, it is inherent that the effective index would be different in each segment 836 and 838; therefore the difference in between effective index between each segment 836 and each 838 would result in more than two effective refractive) such that the grating strength, corresponding to a difference in the effective refractive index between the gaps and adjacent ones of the grating elements, varies in a non-uniform manner (Fig. 8 segments 836 and 838 vary in a non-uniform through x-y-z axis; it is inherent that the grating strength varies in a non-uniform manner because the effective refractive for each segment, nieff , will be different since geometry of 836 is different in each segment), wherein the plurality of grating elements and/or the plurality of gaps (Fig. 8 segments 836 & 838) is characterized by a physical parameter (equation 2 which is the effective refractive index in the ith segment) that varies according to the first mathematical function along the first axis (neff varies according to equation 7, neff is the sum of nieff which is the effective index of the refraction of the mode in the ith segment traverse by the light in the cavity; since segments 836 varies in x direction, neff will vary long x direction; column 20 lines 46-48 states “The effective index contrast with the cladding 842 is reduced by equation 11… by adjusting the parameters of the waveguide appropriately, the desired mode sizes can be obtained with a segmented guide” column 21 lines 10-20 “The segmented waveguide 830 now tapers laterally from a 2 micron width to a 1 micron width at the small end, the length of the segments 836 is kept constant at 1 micron, and the duty factor is varied from 50% to 25% by increasing the length of the adjacent regions 838 gradually from 1 micron to 4 microns at the small end. Many variations of the functional form of the taper of the segmentation are possible, and many others can be useful, including a linear taper of the duty factor, exponential, hyperbolic, sinusoidal, and all the other mathematical forms”), and wherein the physical parameter (nieff) is a dimension along a direction that is orthogonal to the first axis (since nieff varies along the length of the 830 in Fig. 8 which is orthogonal to the x axis; hence nieff is a dimension along the length 0f 830 that is orthogonal to x axis).
Regarding claim 19, Decon teaches the method of claim 16, further including: providing a grating-element layer (Fig. 8 segment 836) that is optically coupled with the first waveguide (Fig. 8 segment 836 is optically coupled with core waveguide 840); and forming the first WSG in the grating-element layer (Fig. 8 segmentation 830 formed with segment 836).
Regarding claim 33, Decon teaches the method of claim 16, wherein the physical parameter (nieff) is selected (nieff which is the effective index of the refraction of the mode in the ith segment traverse by the light in the cavity which depends on the geometry of each segment; therefore nieff is selected based on the dimension of segmentation 830) from the group consisting of grating-element width (column 21 lines states 10-15 “The segmented waveguide 830 now tapers laterally from a 2 micron width to a 1 micron width at the small end, the length of the segments 836 is kept constant at 1 micron,”), grating-element height (column 20 lines 60-62 states “the thickness of the tantala film used to fabricate the segments 836 is increased by a factor of 1.414 compared to the previous description to 0.11 microns), and grating- element depth (Fig. 8 segment depth 836 defined by the size of 836 in “z” direction).
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.
Claim(s) 3, 12, and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Decon (US Patent US-6293688-B1), as per claims 1 and 16, in the view Kiyota (US Patent US-10923880-B2) hereinafter Kiyota.
Regarding claim 3, Decon teaches the photonic element of claim 1.
Dacon fails to teach wherein the first WSG is further characterized by a window function that restricts the plurality of wavelength signals to a first wavelength range.
However, Kiyota teaches the first WSG is further characterized by a window function (column 12 lines 14-15states “ The Fourier transform of a rectangular window function is a sinc function”) that restricts the plurality of wavelength signals to a first wavelength range ( Fig. 2 shows a reflection comb spectra using sinc [xπ/xwin], see column16 lines 44-55).
It would have been obvious to a person of ordinary skill in the art to prior to the effective filling date of the claimed invention to modify Decon’s device to have a sinc function that characterizes the window sampled grating as taught by Kiyota because having a sinc function would allow to have a reflection comb spectra (from Kiyota column 16 lines 58-59).
Regarding claim 12, Decon teaches the photonic element of claim 1 wherein the first mathematical function (effective index refraction neff which is the sum of the effective index of the refraction of the mode in the ith segment traverse by the light in the cavity, see also equation 2 and column 3 lines 23-25) includes a mathematical function selected from a group consisting of a sinusoid function (column 21 lines 16-20 states “ Many variations of the functional form of the taper of the segmentation are possible, and many others can be useful, including a linear taper of the duty factor, exponential, hyperbolic, sinusoidal, and all the other mathematical forms”).
Decon fails to teach a sinc function.
However, Kiyota teaches a first WSG (Fig. 1 diffraction grating layer #113/123) characterized by a sinc function (sinc [xπ/xwin] is a sinc function, see column16 lines 44-45).
It would have been obvious to a person of ordinary skill in the art to prior to the effective filling date of the claimed invention to modify Decon’s device to have a sinc function that characterizes the window sampled grating as taught by Kiyota because having a sinc function would allow to have a reflection comb spectra (from Kiyota column 16 lines 58-59).
Regarding claim 17, Decon teaches the photonic element of claim 16.
Dacon fails to teach wherein the first WSG is further characterized by a window function that restricts the plurality of wavelength signals to a first wavelength range.
However, Kiyota teaches the first WSG is further characterized by a window function (column 12 lines 14-15states “ The Fourier transform of a rectangular window function is a sinc function”) that restricts the plurality of wavelength signals to a first wavelength range ( Fig. 2 shows a reflection comb spectra using sinc [xπ/xwin], see column16 lines 44-55).
It would have been obvious to a person of ordinary skill in the art to prior to the effective filling date of the claimed invention to modify Decon’s device to have a sinc function that characterizes the window sampled grating as taught by Kiyota because having a sinc function would allow to have a reflection comb spectra (from Kiyota column 16 lines 58-59).
Claim(s) 32 and 35 is/are rejected under 35 U.S.C. 103 as being unpatentable over Decon (US Patent US-6293688-B1), as per claim 1 and 16, in further view Zheng (US Patent US-10020636-B2) of hereinafter Zeng.
Regarding claim 32, Decon teaches the photonic element of claim 1 wherein the first WSG (Fig. 8 segmentate waveguide 830) has a first grating function (equation 11 in column 20) that is periodic and includes a plurality of periods (equation 11 in column 20 depends of the segmentation period which is the sum of the widths of a segment and an adjacent region along the direction of optical propagation) along the first axis (first axis is considered as the width in x direction in Fig. 8),
Decon fails to teach wherein the first WSG is characterized by a phase shift that is distributed across the plurality of periods.
However, Zeng teaches the first WSG is characterized by a phase shift that is distributed across the plurality of periods (for example Fig. 10B one blank space #1018a in comparison to Fig. 10A extended grating structure #1016a where the blank space #1018a is a result of proving a l/4 phase shift on laser tunable 1000’; column 14 lines 61-67state “ the multiple section tunable laser 1000′ may provide the λ/4 phase shift by extending at least one blank space 1018a between grating structures 1016 in a sampled grating section 1014 of a laser section 1010 by half the sampling period.” ). It would have been obvious to a person of ordinary skill in the art to prior to the effective filing date of the claimed invention to modify Decon’s device with a phase shift as taught by Zeng that can be distributed across the plurality of periods because a phases shift would allow to adjust the phase of light in the optical resonator.
Regarding claim 35, Decon teaches the photonic element of claim 16 wherein the first WSG (Fig. 8 segmentate waveguide 830) has a first grating function (equation 11 in column 20) that is periodic and includes a plurality of periods (equation 11 in column 20 depends of the segmentation period which is the sum of the widths of a segment and an adjacent region along the direction of optical propagation) along the first axis (first axis is considered as the width in x direction in Fig. 8),
Decon fails to teach wherein the first WSG is characterized by a phase shift that is distributed across the plurality of periods.
However, Zeng teaches the first WSG is characterized by a phase shift that is distributed across the plurality of periods (for example Fig. 10B one blank space #1018a in comparison to Fig. 10A extended grating structure #1016a where the blank space #1018a is a result of proving a l/4 phase shift on laser tunable 1000’; column 14 lines 61-67state “ the multiple section tunable laser 1000′ may provide the λ/4 phase shift by extending at least one blank space 1018a between grating structures 1016 in a sampled grating section 1014 of a laser section 1010 by half the sampling period.” ). It would have been obvious to a person of ordinary skill in the art to prior to the effective filing date of the claimed invention to modify Decon’s device with a phase shift as taught by Zeng that can be distributed across the plurality of periods because a phases shift would allow to adjust the phase of light in the optical resonator.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
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.
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/FERNANDA ADRIANA CAMACHO ALANIS/Examiner, Art Unit 2828 /MINSUN O HARVEY/Supervisory Patent Examiner, Art Unit 2828