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
The following is a quotation of AIA 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-4 and 10-12 are rejected under 35 U.S.C. 103 as being unpatentable over Ishii et al. (US 20050161445 A1), in view of Nittner et al. (US 20060043077 A1).
Regarding claim 1, Ishii discloses
A laser apparatus (conventional laser machining apparatus 60, fig.4) comprising at least:
a laser oscillator (laser oscillator 1, fig.4) configured to emits laser light (laser beam 2, fig.4);
an optical path changing component (reflection mirrors 6a, 6b, fig.4) disposed on an optical path of the laser light (laser beam 2) and configured to changes the optical path of the laser light (laser beam 2);
an actuator (scanner motors 6c, 6d, fig.4) coupled to the optical path changing component (scanner motors 6c, 6d) and configured to displace the optical path changing component (reflection mirrors 6a, 6b) [Par.0006 cited: “…total reflection mirrors 6a and 6b disposed at positions where their axes of rotation are twisted from each other and scanner motors 6c and 6d for turning the total reflection mirrors 6a and 6b …”];
an optical axis deviation detector (photo-detectors 16, 17, fig.1) configured to detect an optical axis deviation of the laser light (laser beam 2) from an optical axis of the optical path [Abstract cited: “…the optical axis deflecting means, for detecting the position of the optical axis of the laser beam…”]; and
drives the actuator (scanner motors 6c, 6d) based on a detection result of the optical axis deviation detector (photo-detectors 16, 17) to displace the optical path changing component (reflection mirrors 6a, 6b) and thereby correct the optical axis deviation of the laser light (laser beam 2) [Abstract cited: “…apparatus aligns the optical axis of the laser beam incident on the optical axis adjusting unit with the basal optical axis by means of the mirrors based on a result detected by the optical axis position detecting means…”].
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However, Ishii does not disclose
an optical axis deviation detector that is disposed to surround the optical path of the laser light and detects an optical axis deviation of the laser light; and a controller.
Nittner discloses
A laser apparatus (conventional laser machining apparatus 60, fig.4) comprising at least:
an optical axis deviation detector (light emitting diodes 4, photodiodes 5, figs.1a-b) that is disposed to surround the optical path of the laser light (laser beam 2, figs.1a-b) and detects an optical axis deviation of the laser light (laser beam 2); and a controller (evaluating and control electronics, Par.0025).
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It would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention to utilize a laser apparatus of Ishii, by using an optical axis deviation detector that is disposed to surround the optical path of the laser light and detects an optical axis deviation of the laser light; and a controller, as taught by Nittner, in order to determine defects and contamination of the optically active surfaces of the machining optics; also to control the actuator.
Regarding claim 2, Nittner discloses
the optical axis deviation detector (light emitting diodes 4, photodiodes 5, figs.1a-b) includes an annular aperture (space/gap between each light emitting diodes 4, photodiodes 5); and a plurality of photodetectors (light emitting diodes 4, photodiodes 5) provided on a first surface of the aperture at predetermined intervals, the first surface facing a traveling direction of the laser light (laser beam 2, figs.1a-b).
Regarding claim 3, Nittner discloses
the plurality of photodetectors (light emitting diodes 4, photodiodes 5, figs.1a-b) includes at least first (photodiodes 5 on top left) and second photodetectors (photodiodes 5 5 on bottom right) respectively provided at positions facing each other in a first direction in the first surface with an optical axis of the laser light (laser beam 2, figs.1a-b) interposed between the first (photodiodes 5 on top left) and second photodetectors (photodiodes 5 5 on bottom right), and third (photodiodes 5 on top right) and fourth (photodiodes 5 on bottom left) photodetectors respectively provided at positions facing each other in a second direction substantially orthogonal to the first direction with the optical axis of the laser light (laser beam 2, figs.1a-b) interposed between the third (photodiodes 5 on top right) and fourth (photodiodes 5 on bottom left) photodetectors.
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention to utilize a laser apparatus of Ishii, by including first, second, third and fourth photodetectors, as taught by Nittner, in order to determine defects and contamination of the optically active surfaces of the machining optics.
Regarding claim 4, Nittner discloses
a deviation amount of the optical axis of the laser light (laser beam 2, figs.1a-b) and an output range of each of the plurality of photodetectors (light emitting diodes 4, photodiodes 5, figs.1a-b) are associated in advance, and the controller (evaluating and control electronics, Par.0025), and keeps the output range of each of the plurality of photodetectors (light emitting diodes 4, photodiodes 5, figs.1a-b) within a predetermined allowable range.
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention to utilize a laser apparatus of Ishii, by using a plurality of photodetectors; and a controller, as taught by Nittner, in order to determine defects and contamination of the optically active surfaces of the machining optics; also to control the actuator.
Regarding claim 10, Ishii discloses
the actuator (scanner motors 6c, 6d, fig.4) is a piezoelectric actuator (scanner motors 6c, 6d, fig.4).
Regarding claim 11, Ishii discloses
a transmission fiber (condenser lens 8, fig.4) that transmits the laser light (laser beam 2, fig.4) emitted from the laser apparatus (conventional laser machining apparatus 60, fig.4); and a laser processing head (inherently has a dispenser outlet) that is attached to an emission end of the transmission fiber (condenser lens 8) and illuminates the laser light (laser beam 2, fig.4) toward a workpiece (workpiece 9, fig.4).
Regarding claim 12, Nittner discloses
the optical axis deviation detector (photo-detectors 16, 17, fig.1) is configured to detect the optical axis deviation of the laser light (laser beam 2, fig.4) by detecting that the optical path of the laser light (laser beam 2) has approached the optical axis deviation detector (photo-detectors 16, 17) [Abstract cited: “…the optical axis deflecting means, for detecting the position of the optical axis of the laser beam…”].
Response to Argument
Applicant's arguments filed on 11/25/2025 have been fully considered but they are not persuasive as the following reasons:
The applicants argue: “…the Examiner applied the secondary Nittner reference in an effort to correct the above deficiency in the Ishii reference. In this regard, the Examiner asserted that the Nittner reference teaches an "optical axis deviation detector" in the form of light emitting diodes 4 and photodiodes 5 surrounding an optical path of a CO2 laser beam, as shown in Figs. la and lb. However, the light emitting diodes 4 and photodiodes 5 of the Nittner reference do not constitute an optical axis deviation detector configured to detect an optical axis deviation of the laser light from an optical axis of the optical path. Instead, the Nittner reference is directed to a device to monitor contamination and defects in machining optics, such as a lens and protective glass (see paragraphs [0005] and [0015] of the Nittner reference). To accomplish this objective, the light emitting diodes 4 emit light toward a lens 1, which reflected light is then received by the photodiodes 5 of the Nittner reference, as generally depicted in Fig. la (see paragraphs [0025] and [0026]). The photodiodes 5 in combination with "evaluating and control electronics" then evaluate the reflected light from the lens 1 to determine if there is unacceptable contamination or damage to the surface of the machining optics, such as lens 1 (see paragraph [0031]). The Nittner reference does not, however, teach or suggest any type of detector configured to detect an optical axis deviation of the laser light from an optical axis of the optical path, as required by independent claim 1. As such, one skilled in the art would obtain no purpose, reasoning, or motivation from the secondary Nittner reference to modify the primary Ishii reference to obtain the laser apparatus as recited in independent claim 1…”, Remark Page 8.
The examiner’s response: the applicant’s argument is not persuasive because it must be recognized that any judgment on obviousness is in a sense necessarily a reconstruction based upon hindsight reasoning. But so long as it takes into accounts only knowledge which was within the level of ordinary skill at the time the claimed invention was made, and does not include knowledge gleaned only from the applicant’s disclosure, such a reconstruction is proper. In re McLaughlin, 443 F.2d 1392; 170 USPQ (CCPA 1971). In this case, the secondary Nittner reference is only use to disclose the organization of LEDs 4, 5, figs.1a-b, is positioned to surround the laser beam 2, the other limitations already disclosed by the primary Ishii reference such as a photo-detectors 16, 17, can detect an optical axis deviation of the laser beam 2 from an optical axis of the optical path [Abstract cited: “…the optical axis deflecting means, for detecting the position of the optical axis of the laser beam…”]. Additionally, the Ishii and Nittner references are related as the same technical field, such that it would have been obvious to modify a photo-detectors 16, 17 of Ishii, to position them to surround the laser beam as organization as taught by Nittner, in order to determine defects and contamination of the optically active surfaces of the machining optics.
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 extension fee 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 PHUONG T NGUYEN whose telephone number is (571)270-1834. The examiner can normally be reached 9.00am-5.00pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steven Crabb can be reached on 571-270-5095. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PHUONG T NGUYEN/Primary Examiner, Art Unit 3761
12/14/2025