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 .
Response to Amendment
Examiner notes the amendment made to claim 1. Claims 2-20 stand withdrawn as drawn to a non-elected species. No new claims have been added
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.
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.
The factual inquiries 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.
Claim 1 is rejected under 35 U.S.C. 103 as being unpatentable over Jiang et al. (hereinafter Jiang) (CN 105572806 A) in view of Kielpinski et al. (hereinafter Kielpinski (US 20190170943 A1) (Examiner notes an attached machine translation of Jiang will be used for the claim mapping of Jiang in the instant action. See PTO-892 form).
Regarding claim 1, Jiang discloses in Fig. 1,
An optical filter [Fig. 1] (Para. [35]) comprising:
a first loop mirror [top SLM] (Para. [35]);
a second loop mirror [bottom SLM] (Para. [35]);
a first waveguide [waveguide labeled l3] (Para. [37]) optically coupled to the first loop mirror [top SLM] and the second loop mirror [bottom SLM] (Paras. [36,37]); and
a first access waveguide [waveguide labeled l1] (Para. [37]),
wherein the first loop mirror [top SLM] includes a first loop waveguide [top loop waveguide labeled l2] (Para. [37]) and a first multiplexer/demultiplexer [coupler labeled t2] (Paras. [35,36,37]), wherein the second loop mirror [bottom SLM] includes a second loop waveguide [bottom loop waveguide labeled l2] (Para. [37]) and a second multiplexer/demultiplexer [coupler labeled t3] (Paras. [35,36,37]), wherein the first loop waveguide [top loop waveguide labeled l2] is optically coupled to the first multiplexer/demultiplexer [coupler labeled t2] (Paras. [35,36,37]), wherein the second loop waveguide [bottom loop waveguide labeled l2] is optically coupled to the second multiplexer/demultiplexer [coupler labeled t3] (Paras. [35,36,37]), wherein the first waveguide [waveguide labeled l3] is optically coupled to the first multiplexer/demultiplexer [coupler labeled t2] and the second multiplexer/demultiplexer [coupler labeled t3] (Paras. [35,36,37]), and
wherein the first access waveguide [waveguide labeled l1] is optically coupled to the first waveguide [waveguide labeled l3] (Paras. [35,36,37]) (coupled through t2).
Examiner notes that the first and second multiplexers/demultiplexers are disclosed to alternatively be directional couplers in Paras. (4) and (5) of the Applicant’s specification.
Jiang fails to disclose,
Wherein the first access waveguide is optically coupled to the first waveguide across a gap between the first access waveguide and the first waveguide.
Kielpinski discloses in Fig. 1,
a first access waveguide [“first waveguide” 110] (Para. [0028]) optically coupled to a first waveguide [“second waveguide” 120] (Paras. [0028,0029]) across a gap [145] (Para. [0029]) between the first access waveguide [“first waveguide” 110] (Para. [0028]) and the first waveguide [“second waveguide” 120] (Paras. [0028,0029])
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement the first access waveguide coupled to the first waveguide across a gap as shown in Kielpinski with the first access waveguide and first waveguide of Jiang for the purpose of entirely coupling the signal of one waveguide to the other waveguide. (Kielpinski Para. [0029])
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Examiner particularly notes Kobayashi (US 20190317278 A1) which discloses two waveguides optically coupled across a gap between the respective waveguides. (See PTO-892 form)
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HUNTER J NELSON whose telephone number is (571)270-5318. The examiner can normally be reached Mon-Fri. 8:30am-5:00 ET.
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/H.J.N./Examiner, Art Unit 2828 /TOD T VAN ROY/Primary Examiner, Art Unit 2828