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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 11/24/25 has been entered.
Response to Amendment
Examiner acknowledges amending of claims 1, 4, 11-12, 14. Claim 4, 11, 14 objections withdrawn. Claim 4 112b rejection withdrawn.
Response to Arguments
Applicant’s arguments with respect to new limitations in claim(s) 1, 12, 14 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 (Remarks pgs. 5-7). New applicant-submitted prior art used to reject new limitations (Schneider, Optical coherence tomography system mass-producible on a silicon photonic chip).
Applicant argues the combination of Zhang and Islam would not be obvious as it would “require “substantial redesign and frustrate the intended purpose of Zhang’s system” due to the alleged different physical scales of the respective devices in Zhang and Islam (Remarks pgs. 6-7).
Examiner disagrees. Zhang does not restrict the input light pulse source to any particular type or size. Zhang comments only on the compact nature of the integrated device that comprises the waveguide, beam splitter, two narrow-band filters, and two photodetectors. Nothing disclosed by Zhang discourages use of the pump laser from Islam, and no substantial redesign would be necessary.
Claim Objections
Claim 12 objected to because of the following informalities:
“a width and a height such that” should read “a width and a height that” claim 12 line 10
Appropriate correction is required.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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) 1-2, 4, 6-8, 10, 12-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al. (US-9110219-B1) in view of Islam (US-20060268393-A1) and Schneider (Applicant-submitted NPL prior art, Optical coherence tomography system mass-producible on a silicon photonic chip).
Regarding claim 1, Zhang discloses a device comprising: a chip (fig. 1A, col. 6 lines 22-32); and a waveguide disposed on the chip and comprising silicon nitride (fig. 1A 100, col. 6 lines 22-32), wherein the waveguide is configured to generate, based on nonlinear effects applied to a pump signal (fig. 1 152, col. 6 lines 50-59, col. 9 lines 49-51), an optical signal having a broader spectrum than the pump signal (fig. 3 354 (1-5) broader than 352 input, col. 6 lines 50-59), and wherein the waveguide has a width and a height that defines a group-velocity-dispersion (col. 7 lines 9-12, four zero dispersion wavelengths for given width and height).
Zhang does not disclose the pump signal coming from a pump laser, wherein the waveguide confines a fundamental transverse electric (TE) optical mode and is provided within an area of 1mm^2.
Islam discloses a system with a pump laser configured to generate a pump signal (fig. 2 110) and send it to a nonlinear waveguide (fig. 2 116, 0012).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to generate and send the pump signal using a pump laser.
One of ordinary skill in the art would have been motivated to use a laser to generate and send the pump signal as it would provide a means to tune/adjust the properties of the input pump signal.
Modified Zhang does not disclose wherein the waveguide confines a fundamental transverse electric (TE) optical mode and is provided within an area of 1mm^2.
Schneider discloses an OCT system with a waveguide confining a quasi-fundamental transverse electric (TE) optical mode and provided within an occupied on-chip area of 0.4mm^2 (fig. 1, 2. Silicon photonic OCT systems and experimental setup, pgs. 3-6).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the waveguide confining a fundamental transverse electric (TE) optical mode and is provided within an area of 1mm^2 to take advantage of lower sensitivity/higher tolerance to waveguide fabrication errors, smaller required waveguide size, and lower propagation loss of TE optical mode (vs TM). Making area 1mm^2 or less would allow for use of other/more integrated components with the device and also improve scalability/mass-producibility (Schneider Abstract + Introduction pgs. 1-2).
Regarding claim 2, Zhang, as modified, discloses the device of claim 1.
Zhang, as modified, does not explicitly disclose wherein the pump signal is centered at a same frequency as the optical signal for the original waveguide in claim 1.
Zhang discloses a different waveguide that produces an optical signal centered at a same frequency as an input pump signal (fig 13A Input center same as other centers, col. 17 lines 6-16).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to center the pump signal at a same frequency as the optical signal in the original waveguide in modified Zhang.
One of ordinary skill in the art would have been motivated to make this modification to ensure the generated optical signal is of a known central frequency and to keep the central frequency consistent throughout.
Regarding claim 4, Zhang, as modified, discloses the device of claim 1, wherein the group- velocity-dispersion is in a range of negative 50 ps/(nm km) to positive 50 ps/(nm km) (col. 7 lines 6-14).
Regarding claim 6, Zhang, as modified, discloses the device of claim 1, wherein the optical signal does not require filtering for use by an optical coherence tomography (OCT) scanner (col. 11 lines 50-61, filter added with waveguide itself).
Alternative interpretation… optical signal does not require filtering, however, an associated OCT scanner may not function as effectively.
Regarding claim 7, Zhang, as modified, discloses the device of claim 1.
Zhang, as modified, does not explicitly disclose wherein one of the width or height is 840 nm and the other of the width or height is 730 nm.
Zhang discloses a waveguide with a width of 840 nm and a height of 750 nm (col. 6 lines 64-67). Barring a sufficient rebuttal, the claimed value of 730 nm is obvious over Zhang’s similar
disclosure of 750 nm (MPEP 2144.05 I/MPEP 2144.05 III).
Considering both Zhang and the caselaw, it would be obvious to make the waveguide wherein
one of the width or height is 840 nm and the other of the width or height is 730 nm.
One of ordinary skill in the art would have been motivated to make this modification to take advantage of the properties and functionality of a waveguide with the claim 7 dimensions.
Regarding claim 8, Zhang, as modified, discloses the device of claim 1.
Zhang, as modified, does not explicitly disclose wherein one of the height or width is in a range of 600 nm to 900 nm and the other of the height or width is in a range of 700 nm to 3000 nm for the original waveguide in claim 1.
Zhang discloses a different waveguide with a width of 1200 nm and a height of 540 nm (col. 6 lines 64-67 + col. 7 line 1).
Regarding the disclosed height of 540 nm, this value is sufficiently close to the claimed range of 600 to 900 nm, and thus, a prima facie case of obviousness exists. Applicant does not suggest any criticality for the range 600-900 nm when compared to the clearly disclosed value of 540 nm (MPEP 2144.05 I).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to set one of the height or width in a range of 600 nm to 900 nm and the other of the height or width in a range of 700 nm to 3000 nm in the original waveguide from modified Zhang in claim 1.
One of ordinary skill in the art would have been motivated to make this modification to take advantage of the properties and functionality of a waveguide within the above height and width ranges (other ZDWs, etc.).
Regarding claim 10, Zhang, as modified, discloses the device of claim 1, wherein the optical signal comprises a spectral bandwidth through supercontinuum generation (fig. 3, col. 6 lines 50-59).
Regarding claim 12, Zhang discloses a system comprising a device configured to generate an optical signal based on a pump signal and provide an optical signal to an OCT scanner, wherein the device comprises: a chip (fig. 1A, col. 6 lines 22-32); and a waveguide disposed on the chip and comprising silicon nitride (fig. 1A 100, col. 6 lines 22-32), wherein the waveguide is configured to generate, based on nonlinear effects applied to the pump signal from a pump laser (col. 6 lines 50-59 possible to/configured to use pump signal, col. 9 lines 49-51), the optical signal having a broader spectrum than the pump signal (fig. 3 354 (1-5) broader than 352 input, col. 6 lines 50-59), and wherein the waveguide has a width and a height such that defines a group-velocity-dispersion (col. 7 lines 9-12, four zero dispersion wavelengths for given width and height).
Zhang does not disclose the system comprising a pump laser configured to generate a pump signal and an optical coherence tomography (OCT) scanner, wherein the waveguide confines a fundamental transverse electric (TE) optical mode and is provided within an area of 1mm^2.
Islam discloses a system with a pump laser configured to generate a pump signal (fig. 2 110) and send it to a nonlinear waveguide (fig. 2 116, 0012) and an optical coherence tomography scanner (fig. 1 Transverse Scanning of sample 14, 0011).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate a pump laser configured to generate a pump signal and an optical coherence tomography (OCT) scanner with the system disclosed by Zhang.
One of ordinary skill in the art would have been motivated to make this modification to add imaging functionality to the device in Zhang.
Modified Zhang does not disclose wherein the waveguide confines a fundamental transverse electric (TE) optical mode and is provided within an area of 1mm^2.
Schneider discloses an OCT system with a waveguide confining a quasi-fundamental transverse electric (TE) optical mode and provided within an occupied on-chip area of 0.4mm^2 (fig. 1, 2. Silicon photonic OCT systems and experimental setup, pgs. 3-6).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the waveguide confining a fundamental transverse electric (TE) optical mode and is provided within an area of 1mm^2 to take advantage of lower sensitivity/higher tolerance to waveguide fabrication errors, smaller required waveguide size, and lower propagation loss of TE optical mode (vs TM). Making area 1mm^2 or less would allow for use of other/more integrated components with the device and also improve scalability/mass-producibility (Schneider Abstract + Introduction pgs. 1-2).
Regarding claim 13, Zhang, as modified, discloses the system of claim 12, further comprising an acquisition system configured to one or more of control the OCT scanner, process an image from the scanner generated based on the optical signal, or control the pump laser (fig. 1 10 processes 12 from 14 based on signal, 0026 + 0030).
Regarding claim 14, Zhang discloses a method comprising: a waveguide comprising silicon nitride + disposed on a chip + generates (fig. 1A, col. 6 lines 22-32), based on nonlinear effects caused by the waveguide to a pump signal (fig. 1 152, col. 6 lines 50-59, col. 9 lines 49-51), an optical signal having a broader spectrum than the pump signal (fig. 3 354 (1-5) broader than 352 input, col. 6 lines 50-59), and wherein the waveguide has a width and a height that defines a group-velocity-dispersion (col. 7 lines 9-12, four zero dispersion wavelengths for given width and height).
Zhang does not disclose using a pump laser to generate the pump signal + provide the pump signal to the waveguide, wherein the waveguide confines a fundamental transverse electric (TE) optical mode and is provided within an area of 1mm^2.
Islam discloses generating, by a pump laser, a pump signal (fig. 2 110); providing the pump signal to a nonlinear waveguide (fig. 2 116, 0012).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use a pump laser to provide the pump signal to the waveguide in Zhang.
One of ordinary skill in the art would have been motivated to make this modification to make the device more suitable for optical tomography scanning and provide a means to tune/adjust the properties of the input pump signal.
Modified Zhang does not disclose wherein the waveguide confines a fundamental transverse electric (TE) optical mode and is provided within an area of 1mm^2.
Schneider discloses an OCT system with a waveguide confining a quasi-fundamental transverse electric (TE) optical mode and provided within an occupied on-chip area of 0.4mm^2 (fig. 1, 2. Silicon photonic OCT systems and experimental setup, pgs. 3-6).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the waveguide confining a fundamental transverse electric (TE) optical mode and is provided within an area of 1mm^2 to take advantage of lower sensitivity/higher tolerance to waveguide fabrication errors, smaller required waveguide size, and lower propagation loss of TE optical mode (vs TM). Making area 1mm^2 or less would allow for use of other/more integrated components with the device and also improve scalability/mass-producibility (Schneider Abstract + Introduction pgs. 1-2).
Regarding claim 15, Zhang, as modified, discloses the method of claim 14.
Zhang, as modified, does not disclose further comprising supplying the optical signal to an optical coherence tomography (OCT) scanner.
Islam discloses supplying an optical signal from a pump laser/waveguide to an OCT scanner (figs. 1 + 2 Transverse Scanning of 14, 0011)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add the method step of supplying the optical signal to an optical coherence tomography (OCT) scanner.
One of ordinary skill in the art would have been motivated to make this modification to add scanning functionality to the device.
Claim(s) 3, 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhang in view of Islam, Schneider, and Nitkowski et al. (US-20140125983-A1).
Regarding claim 3, Zhang, as modified, discloses the device of claim 1.
Zhang, as modified, does not explicitly disclose wherein one or more of the pump signal or the optical signal is centered at 1300 nm.
Nitkowski discloses using waveguides for OCT systems transparent to a 1300 nm spectral band (0039 lines 5-9).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make one or more of the pump signal or the optical signal centered at 1300 nm.
One of ordinary skill in the art would have been motivated to make this modification as 1300 nm is a suitable wavelength for medical imaging when considering multiple factors (Nitkowski 0023).
Regarding claim 5, Zhang, as modified, discloses the device of claim 1.
Zhang, as modified, does not explicitly disclose wherein the optical signal has a wavelength imaging window centered at one or more of 800 nm, 1000nm, 1300 nm, or 1700 nm.
Nitkowski discloses using waveguides for OCT systems transparent to an 800 or 1300 nm spectral band (0039 lines 5-9).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the optical signal of the imaging window centered at one or more of 800, 1000, 1300, 1700 nm.
One of ordinary skill in the art would have been motivated to make this modification as 800 or 1300 nm are suitable wavelengths for medical imaging when considering multiple factors (0023).
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhang in view of Islam, Schneider, and Zhou (US-20200166328-A1).
Regarding claim 9, Zhang, as modified, discloses the device of claim 1, wherein the chip has an area greater than 0mm2 (fig. 1A).
Zhang, as modified, does not disclose wherein the chip has an area equal to or less than one or more of 1 cm2, 10 mm2, 1 mm2, or 0.25 mm2.
Zhou discloses minimizing the size of a chip used in optical coherence tomography scanning (0041 lines 11-17).
It is well known to optimize the size or proportion of an element to obtain a desired result (MPEP 2144.04 IV A and 2144 I/II A).
Considering both Zhou and the caselaw, it would be obvious to minimize the area of the chip in Zhang and make it equal to or less than one or more of 1 cm2, 10 mm2, 1 mm2, or 0.25 mm2.
One of ordinary skill in the art would have been motivated to make this modification to allow for the creation of a smaller device that incorporates the chip (Zhou 0041 lines 11-17).
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhang in view of Islam, Schneider, and Vogler et al. (US-20150002850-A1).
Regarding claim 11, Zhang, as modified, discloses the device of claim 1.
Zhang, as modified, does not explicitly disclose wherein the waveguide has a length of one or more of 2-3 cm, 5 cm, or 2 cm to 100 cm.
Vogler discloses a device for optical coherence tomography with a waveguide light propagation path length of 1 cm to 50 cm (fig. 1 120, 0012 lines 1-2 + final 3 lines, 0051).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the waveguide in Zhang one or more of 2-3 cm, 5 cm, or 2 cm to 100 cm long.
One of ordinary skill in the art would have been motivated to make this modification to take advantage of the properties and functionality of a waveguide with one of the above lengths (amt. of nonlinear effect, etc.).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Bang US-11852475-B2: OCT system used to increase light frequency with input provided by pump laser pulse source.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Alex Ehrlich whose telephone number is (703)756-5716. The examiner can normally be reached M-F 8-5.
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/A.E./Examiner, Art Unit 2828
/MINSUN O HARVEY/Supervisory Patent Examiner, Art Unit 2828