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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 01/30/2026 has been entered.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Applicant's arguments filed 01/30/2026 regarding claim 9 have been fully considered but they are not persuasive.
Applicant firstly argues (page 7):
Applicant argues claim 9 having a fixed last lens is not taught by Marwan. Examiner respectfully disagrees because the distance between diffraction grating 16 and lens/lenses 20 may vary for adjustment, not necessarily the distance between lens/lenses 20 and diffraction grating 16, emphasis added “Configuration of the location of the convergence point 36 may depend on at least one of the focusing system 20, the focal length f of the focusing system 20, the location of the origin area 17 of the propagated beams 18, and/or the diffraction angles θ.sub.D+, θ.sub.D− of the propagated beams 18. In such a configuration, rotation of the diffractive beam propagation device 16 substantially about the rotation axis 52 (in this embodiment being substantially aligned with the optical axis 22 and the propagation direction 15 of the light beam 14) heats and/or melts and/or vaporizes and/or expels the material of the work piece 40 in a way which results in a substantially truncated cone-shaped hole,” [0074].
Hole size dimension change may be performed relative to diffraction position change alone “For example, depending on the desired hole size, the diffractive beam propagation device 16 can be distanced from the focal plane 21 by a value in the range of 30 to 500 mm.” [0066],
The light at 24 (post second lens system) may be parallel and provide no advantage to adjustability along the parallel light axis of last lens of 20 “Propagated beams 18 originating from substantially the same origin area 17 when the origin area 17 is located substantially at a point along the focal plane 21 of the focusing system 20, which are incident on the focusing system 20, may result in direction-changed beams 24 which are substantially parallel to each other” [0063],
or in view that the multiple lens of 20 is equivalently exchangeable to the function of single lens, where a single lens may not provide adjustment relative to itself, “In some embodiments, the focusing system comprises further optical elements such as one or more of lenses” [0019] “the diffractive beam propagation device and/or focusing system are further configured to translate relative to each other, relative to a work piece, or relative to other components of the drilling device including the light source. That is, some components of the drilling device may be fixed in location while other components may be configured to translate relative to the fixed components,” [0023].
In addition Dohi as currently modifying provides a relay lens at a fixed/set focal position after conical/axicon lens downstream the diffraction grating “The diffraction grating 7 and the axicon lens 8 are disposed so that the focusing position of the laser light L4 that has exited the axicon lens 8 coincides with a back focal position Q of the rear-side lens 9 that constitutes the relay lenses 9 and 10” [0035].
Therefore the rejection is maintained.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 4 and 10 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 4, the phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Regarding claim 10, claim 10 recites “the second lens, movably arranged downstream the rotating diffraction grating, and the last lens,” (lines 5-6). However it is unclear if the Applicant intends the last lens to be downstream the second lens by this language, the drawings, specifications and claims as previously presented provide the order of lens from light source FL as L1, L2, L3 (see figure 2), it is best understood the Applicant intended “, and
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.
Claims 1, 3-5, and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Marwan (US 2017/0182597), Kawamura (US 2021/0276122) and Dohi (US 2015/0212307).
Regarding claim 1, Marwan discloses (Fig-7):
- an opto-mechanical system (10), comprising a head body (components orienting light source 12, diffractive beam propagation device 16 and focusing system 20) provided with a tip (where a light of the light source exits the head body) and a rotating diffraction grating (16) of a phase grating type having a circular geometry ((as shown in figure 9), device causing rotation of diffracting body 16 “the diffractive beam propagation device 16 is configured to rotate around a rotation axis 52” [0073]),
- a second lens arranged downstream the rotating diffraction grating (20, down stream see figure 7), said second lens being , the location of the origin area 17 of the propagated beams 18, and/or the diffraction angles θ.sub.D+, θ.sub.D− of the propagated beams 18. In such a configuration, rotation of the diffractive beam propagation device 16 substantially about the rotation axis 52 (in this embodiment being substantially aligned with the optical axis 22 and the propagation direction 15 of the light beam 14) heats and/or melts and/or vaporizes and/or expels the material of the work piece 40 in a way which results in a substantially truncated cone-shaped hole,” or hole size [0074] “For example, depending on the desired hole size, the diffractive beam propagation device 16 can be distanced from the focal plane 21 by a value in the range of 30 to 500 mm.” [0066] additionally see obvious to make adjustable MPEP 2144.04 V D in view of Kawamura below), and
-a last lens (one or more lens of focusing system 20 “In some embodiments, the focusing system comprises further optical elements such as one or more of: lenses” [0019]) mounted on fixed support between the second lens and the end of the head body and having a fixed focal (while the distance between 16 and lens 20 may vary as disclosed above [0074][0066], the light at 24 may be parallel and provide no advantage to adjustability along the parallel light axis “Propagated beams 18 originating from substantially the same origin area 17 when the origin area 17 is located substantially at a point along the focal plane 21 of the focusing system 20, which are incident on the focusing system 20, may result in direction-changed beams 24 which are substantially parallel to each other” [0063] or in view that the multiple lens of 20 is equivalently exchangeable to the function of single lens, where a single lens may not provide adjustment relative to itself, see above [0019]), and
wherein the second lens is arranged downstream the rotating device (nature of passing laser downstream) and is mobile in translation along the longitudinal axis of the opto-mechanical system (lens/focusing system anticipated to movement “the diffractive beam propagation device and/or focusing system are further configured to translate relative to each other, relative to a work piece, or relative to other components of the drilling device including the light source” [0023], wherein focal length of a multi lens system is not defined, emphasis added “the focusing system may consist of a single lens with a defined focal length to its focal plane. In some embodiments, the focusing system comprises further optical elements such as one or more of: lenses…” [0019]).
Marwan is silent regarding a first lens, arranged between the laser source and the rotating diffraction grating, the second lens being conical.
However Dohi teaches a first lens (6), arranged between the laser source (5) and the rotating diffraction grating (7 “When the diffraction grating 7 is rotated by the rotating mechanism 17” [0055]), the second lens being conical (8, “the main optical axis of the laser light L3 that exits the diffraction grating 7 is rotated about an extended axis of the incident optical axis X along a conical surface whose apex is located on the incident optical axis X and that is symmetrical with respect to the extended axis of the incident optical axis X, and the main optical axis of the laser light L4 that has exited the axicon lens 8 is also rotated about the extended axis along a cylindrical surface centered on the extended axis of the incident optical axis X.” [0055]), a last lens (9/10) being fixed (fixed focal position Q of relay lens 9 “The diffraction grating 7 and the axicon lens 8 are disposed so that the focusing position of the laser light L4 that has exited the axicon lens 8 coincides with a back focal position Q of the rear-side lens 9 that constitutes the relay lenses 9 and 10” [0035]).
The advantage of a first lens, arranged between the laser source and the rotating diffraction grating, the second lens being conical, is to make use of the high quality remote packaging fiber laser system “The laser light L1 that has exited the exit end of the optical fiber 5 is made incident on the diffraction grating 7 in the first step S1 after being converted by the collimating lens 6 to the laser light L2 constituted of substantially collimated light.” [0040] and relaying packaging for position of work piece relative to laser system (see above [0035]).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, having the teachings of Marwan and Dohi before him or her, to modify the laser in direct incidence to rotating diffraction grating Marwan to include the fiber laser collimating lens system of Dohi, because obviousness of adjustability because providing adjustability of lens position compensates for dimensional changes occurring during laser operation.
Marwan as modified is silent regarding the first lens having focal length of which is variable, so that the position of the focusing plan corresponding to the focal length of the first lens can be modified before or during a machining operation.
However it would be obvious to make a lens position variable/adjustable (see MPEP 2144.04 V. D) because it is a known need to adjust processing laser diameter (as functional relation of collimator distance from expanding beam) or responsively adjust lens distances in response to thermal changes within system. See Kawamura teaching adjusting position of a lens for changing diameter “the optical system 105 uses a lens 151 and a lens 152 to adjust a beam diameter of the laser light emitted from the optical fiber 112 and uses a collimate lens 153 to collimate the laser light into parallel beams. The laser light thus collimated into the parallel beams are condensed by the condensing lens 101 to heat, e.g., an object to be processed.” [0023] or adjusting position of lens to offset thermal induced changes “To suppress such a problem due to the thermal lens effect, it can be considered to, e.g., increase a transmittance of each of optical elements and thus reduce light to be absorbed by the optical element. To suppress the problem described above, it can also be considered to inhibit thermal expansion of an optical system through cooling. To correct the problem described above, it can also be considered to, e.g., move the entire optical system when the position where the laser light is condensed is shifted.” [0004], Additionally Marwan anticipates that the lens and components of the laser system are anticipated to adjustable distances (to include from light source) “the diffractive beam propagation device and/or focusing system are further configured to translate relative to each other, relative to a work piece, or relative to other components of the drilling device including the light source” [0023].
The advantage of providing adjustability to a lens position, is to compensate for changes of temperature in a system or adjust a diameter of the processing laser, see above Kawamura [0023/004].
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, having the teachings of Marwan as modified before him or her, to modify the undisclosed adjustability of lens of Marwan to include the obviousness of adjustability because providing adjustability of lens position compensates for dimensional changes occurring during laser operation.
Regarding claim 3, Marwan discloses the device according to claim 1, Marwan further discloses wherein the rotating diffraction grating (16) has a thickness lower than 1 millimetre (The diffractive grating element is anticipated to have a planar surface of minimal effective depth required of diffracting grates “As an example, ridges and/or craters on a planar surface may have heights whose magnitudes are less than 1/100.sup.th of the thickness of the component, or preferably less than 1/1000.sup.th of the thickness of the component. A “substantially planar surface” may also refer to a surface of a component which is substantially planar according to the above definition before material is added or removed. As will be explained below, the diffractive beam propagation device 16 may comprise or consist of a diffraction grating having grooves. The grooves may for example be etched on a surface which was substantially planar before the etching process was carried out. In this application, the surface of the diffractive beam propagation device may still be referred to as a planar surface. The grooves may alternatively be made by means of an index modification using, e.g., a femtosecond laser.” [0045] because a finite limit of effective depth in providing diffraction exists, it would merely require routine experimentation in finding said effective depth, see MPEP 2144.05 II. Routine Optimization A. & B.).
Regarding claim 4, Marwan discloses the device according to claim 1, Marwan further discloses wherein the relief of the rotating diffraction grating (16) is continuous or composed of a limited number of height levels such as binary or multi-level (continuous or variation anticipated “The grooves 26 are further characterized by a substantially uniform depth σ in an X direction substantially parallel to the width direction of the diffractive beam propagation device 16. In another embodiment, the depths σ of the grooves 26 may not be uniform along the lateral direction (the Y direction).” [0048] limited number of relief heights in relation to wavelength limiting number of diffracting features) .
Regarding claim 5, Marwan discloses the device according to claim 1, Marwan further discloses wherein the rotating diffraction grating (16) is associated with a spindle (support structure or structure of 16 in spinning “the diffractive beam propagation device 16 is configured to rotate around a rotation axis 52” [0073]), the rotation speed of which is higher than 180.000 revolution per minute (enhancing speed of rotation is not limited “the diffractive beam propagation device 16 and, optionally, the focusing system 20, are configured to rotate at a rate of approximately 25 Hz to 33 kHz, such as at about 33 Hz. In other words, the rotation speed can be up to 200.000 rounds per minute, or even higher.” [0073]).
Regarding claim 10, Marwan as modified teaches the process of optical trepanation adapted for controlling a draft angle (angle of laser after focusing system 20 incident workpiece anticipated to controlled angle, see various controlled angles of figures 7 and 8, emphasis added “rotation of the diffractive beam propagation device around the rotation axis is configured to cause the propagated beams or the direction-changed beams to drill one substantially circular, cylindrical, or conical hole.” [0026]) of a workpiece (40) being machined by means of the opto-mechanical system of claim 1 comprising:
- a step of providing a picosecond or femtosecond laser beam (pulse durations anticipated to existing laser technology as pulse width/frequency are substrate specific “The light source may, in an exemplary embodiment, be a laser light source configured to provide a laser beam with the appropriate power, coherence, wavelength, pulse length, and pulse cycle for a particular drilling application.” [0009], femtosecond lasers anticipated at least to some substrates “the diffractive beam propagation device 16 may comprise or consist of a diffraction grating having grooves. The grooves may for example be etched on a surface which was substantially planar before the etching process was carried out. In this application, the surface of the diffractive beam propagation device may still be referred to as a planar surface. The grooves may alternatively be made by means of an index modification using, e.g., a femtosecond laser.” [0045]) from a pulsed laser source (laser is anticipated to pulse energy “The light source 12 may, in an exemplary embodiment, be a laser light source configured to provide a laser beam with the appropriate power, coherence, wavelength, pulse length, and pulse cycle or repetition rate for a particular application.”[0009]) to a surface (42) of said workpiece, through the first lens (first lens as already modified by Dohi 6 and Kwamura 105/153), the rotating device (16, “the diffractive beam propagation device 16 is configured to rotate around a rotation axis 52 which is substantially normal to the planar surface 13 of the diffractive beam propagation device 16.” [0073]) and the second lens (multiple/single lenses of 20 as disclosed above [0019]), movably arranged downstream the rotating diffraction grating, and the last lens (focus system 20 (as down downstream rotating device 16) may be moveable “the diffractive beam propagation device and/or focusing system are further configured to translate relative to each other, relative to a work piece, or relative to other components of the drilling device including the light source. That is, some components of the drilling device may be fixed in location while other components may be configured to translate relative to the fixed components, for example substantially along the optical axis of the focusing system. In another embodiment, translation of the diffractive beam propagation device and/or focusing system from a first position to a second position may change a first distance and angle between the direction-changed beams when the diffractive beam propagation device is at the first position, to a second distance and angle between the direction-changed beams when the diffractive beam propagation device is at the second position.” [0023]),
-a step of initiating a processing movement of the laser beam on the top surface of the workpiece (movement relative to workpiece anticipated “the diffractive beam propagation device and/or focusing system are further configured to translate relative to each other, relative to a work piece, or relative to other components of the drilling device including the light source.” [0023]), allowing the laser beam diffracted in two light points (see below Dohi [0033]) by the diffraction grating defining a circular pathway (as an applicable method of operation of movement disclosed above [0023] and as recognized equivalency (see MPEP 2144.06 II. Substituting Equivalents Known for the Same Purpose) between multiple points and continuous beam from axially rotating diffracting device by already modifying Dohi “in this embodiment, as shown in FIG. 2A, the diffraction grating 7 converts the laser light L2 to the laser light L3 that is focused so as to form the pattern C, which is continuous in the circumferential direction; however, the laser light L3 is not necessarily required to be continuous in the circumferential direction, and the laser light L2 may be converted to laser light L3 that is focused at many positions with gaps therebetween in the circumferential direction so as to form a pattern C', as shown in FIG. 2B. The number of spots may be any number equal to or greater than two, and having a greater number of spots achieves greater effectiveness.” [0033]), and
-a step of modulating the distance of the second lens with respect to the rotating diffraction grating (as disclosed below [0023]), so as to modulate the spacing of the two light points (movement for diameter change as already modified by MPEP 2144.04 V. D in view of Kawamura [0023]), and modulating the distance of the second lens with respect to the last lens so as to modulate the angle of incidence of the laser beams on the workpiece (the one or more second lenses 20 (focusing system) are moved relative to diffractive element 16 ” In another embodiment, the diffractive beam propagation device and/or focusing system are further configured to translate relative to each other, relative to a work piece, or relative to other components of the drilling device including the light source.” [0023], the one or more of lenses (20) relatively moving providing direction change of laser “That is, the portion(s) of the light beam which is/are diffracted but not direction-changed by the focusing system is/are referred to as propagated beams, and the portion(s) of the light beam which are diffracted and is/are direction-changed by the focusing system are referred to as direction-changed beams. Any focusing system suitable for this purpose may be employed. In some embodiments, the focusing system may consist of a single lens with a defined focal length to its focal plane. In some embodiments, the focusing system comprises further optical elements such as one or more of: lenses, mirrors, diffraction or other gratings, Fresnel lenses, and/or prisms.” [0019], the system providing varied cuts from direction changes to laser incident workpiece “In some embodiments, rotation of the diffractive beam propagation device around the rotation axis is configured to cause the propagated beams or the direction-changed beams to drill one substantially circular, cylindrical, or conical hole.” [0026]), said second lens being conical and mobile in translation along the longitudinal axis of the opto-mechanical system and said last lens being fixed (as already provided and responded to in parent claim 1).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Spencer H Kirkwood whose telephone number is (469)295-9113. The examiner can normally be reached 12:00 am - 9:00 pm Eastern.
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/Spencer H. Kirkwood/ Examiner, Art Unit 3761
/JUSTIN C DODSON/ Primary Examiner, Art Unit 3761