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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 12/26/2025 has been entered.
Response to Amendment
The Examiner acknowledges the amending of claims 1 and 5.
Response to Arguments
Applicant's arguments filed 12/26/2025 have been fully considered but they are not persuasive.
The Applicant has argued (Remarks, pg.7) that Barlow does not teach the amended language of “…the frequency of the laser is continuously changed…” as Barlow states the purpose is to maintain the optical output at the target frequency.
The Examiner does not entirely agree. Barlow does have a stated goal of maintaining a target frequency, however the device/method of Barlow is operating in a continual manner in order to account for constant micro-drifting of the wavelength between the mode boundaries due to aging and thermos-stress ([0045, 48]) both of which are understood to be constantly affecting the laser. Barlow states the method operates continually to account for these consistent deleterious factors:
[0048] Thermal adjustment is slow compared with phase current adjustment, and as the temperature is adjusted the frequency locker and control electronics are able to continuously track the effect to keep the lasing frequency at the frequency of the operating channel, by means of the phase section current. This is shown in FIG. 5e, where the phase section current tunes the laser from 522 to the correct ITU frequency at 524. The extent of the thermal adjustment shown in FIGS. 5d and 5e is exaggerated for clarity. Since the phase current adjustment is very rapid in comparison to the thermal adjustment, the frequency does not deviate significantly from the ITU frequency as the thermal adjustment is performed. The process in FIGS. 5d and 5e is repeated until the phase current is returned to the original phase current, I.sub.Phase, 0. This is illustrated in FIG. 5f, which shows the thermal adjustment returning the phase section current to I.sub.Phase, 0, and the phase section current continuously ensuring that the lasing frequency remains at the ITU frequency.
[0051] It should be appreciated that FIGS. 5a-5g are merely illustrative and have been exaggerated for the sake of clarity. In the system according to the present embodiment the system continuously monitors changes and typically the excursions and corrections shown in the illustrations above are very small (ideally they would be infinitesimal). This is in contrast to the conventional techniques of tuning frequency by adjusting the phase section current whilst maintaining the temperature of the laser constant, where the changes to the phase section current may be relatively large.
Therefore, the goal of Barlow is to maintain the desired wavelength, however this involves a continuous process of monitoring and adjusting the wavelength based on the continual affects of aging and thermos-stress which are continually acting on the laser device to cause wavelength deviations. This type of operation to adjust the frequency to a “lock” or “target” wavelength appears to be identical, or nearly so, to that outlined in the Applicant’s specification (see [0010, 65-76], PGPUB 2022/0376473). It is not understood how the outlined operation/goal of Barlow differs from the outlined operation/goal of the Applicant.
Further, the Examiner provided an interpretation of “continuous adjustment of the frequency of the laser light” in the Final action (10/03/2025) at page 5:
“…in a case where continuous adjustment of the frequency of the laser light within a predetermined range (can be the tuning range initiated by the controller from at least a first to a second wavelength, or minute tuning around a selected single wavelength)…”.
This interpretation of continuous frequency adjustment covers a simple adjustment from a first to a second wavelength value (i.e. the change from wavelength 1 to wavelength 2 is continuous). This may be different from Applicant’s intended meaning of continuous frequency change, however Applicant has not responded to the Examiner’s provided interpretation such that said interpretation is understood to be accepted as reasonable. This further supports Barlow continuing to read on the updated claim language as the method outlined in Barlow ([0047-51]) is clearly moving the frequency from a first value to a second value in a continuous manner (fig.5d-5f). In other words, it is unclear how the Examiner’s previously provided interpretation of a continuous frequency adjustment was not agreed with by the Applicant, leading to the conclusion that the same interpretation applied to Barlow would mean Barlow continues to read on the updated claim language.
The arguments are therefore not found persuasive.
Although the currently updated rejections are based on the same grounds and art as previously applied, the Examiner has chosen not to make the current action first-Final (see MPEP 706.04b) in an effort to grant the Applicant a chance to respond and potentially clarify the claim language.
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.
Claim(s) 1-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nishita et al. (US 2019/0221998) in view of Barlow et al. (US 2009/0180501).
With respect to claim 1, Nishita discloses a laser apparatus (fig.12) comprising: a laser unit (fig.12 #400) including: a laser element unit including a phase adjusting portion (fig.12 #410, #430) configured to adjust an optical length of a laser resonator ([0110]) and enable frequency of laser light output by the laser element unit to be tuned through control by the phase adjusting portion ([0131-132] fine tuning done via phase adjustment); and a monitor unit (fig.12 #220) configured to obtain a monitored value corresponding to the frequency of the laser light ([0033]); a temperature controller (fig.12 #215 + #222) configured to control temperature of the laser unit ([0035]); and a control unit (fig.12 #300a) configured to execute: a first control mode of controlling the phase adjusting portion such that the monitored value is adjusted to a target monitored value corresponding to a target frequency set as the frequency of the laser light ([0123], fig.15 S1/S3), while maintaining temperature set for the temperature controller constant ([0123], [0141] temp at targets during S2, followed by control of phase at S3); and a second control mode of controlling the temperature controller such that the frequency of the laser light is adjusted to the target frequency set as the frequency of the laser light ([0147-148] etalon temp adjusted to obtain frequency) in a case where continuous adjustment of the frequency of the laser light within a predetermined range (can be the tuning range initiated by the controller from at least a first to a second wavelength, or minute tuning around a selected single wavelength) has been instructed (via method at fig.15 S1 being initiated). Nishita does not disclose, wherein, when the frequency of the laser light is continuously changed, the control unit is further configured to maintain a phase adjustment amount of the phase adjusting portion at 2pi radians or less by controlling the temperature controller instead of controlling the phase adjusting portion in a case where the phase adjustment amount exceeds 2pi radians. Barlow teaches a related tuning method for a multi section laser (fig.1, abstract) including phase control ([0044]) and temperature tuning ([0043]) and further that the phase adjustment is held within a 2pi radian variation by control of the temperature adjuster ([0047-51], fig.5a depicts mode boundaries #504/506 which constitute operation inside a given longitudinal mode, [0044], which corresponds to a change of phase of 2pi radians or less; the adjustment by the temperature control ensures the laser stays within the operating mode and thereby prevents the phase control exceeding 2pi radians as exceeding 2pi radians would be equivalent to hoping to another mode), and that such operation occurs while the frequency of light is continuously changed (the operation outlined in [0047-51] is done in a continual basis to correct/offset for the continual effects of aging and thermos-stress constantly shifting the wavelength of the laser; additionally, the operation can be considered continuously changed at least between first and second frequencies as shown in fig.5d-5f). Therefore, it would have been obvious to one of ordinary skill in the art before the filing of the instant application to adapt the device of Nishita such that when the frequency of the laser light is continuously changed, the control unit is further configured to maintain a phase adjustment amount of the phase adjusting portion at 2pi radians or less by controlling the temperature controller instead of controlling the phase adjusting portion in a case where the phase adjustment amount exceeds 2pi radians as demonstrated by Barlow in order to maintain operation within a desired mode despite laser aging (Barlow, [0050]).
Please see the Conclusion section below for citations of 2pi radians corresponding to a longitudinal mode width.
With respect to claim 2, Nishita discloses the control unit is configured to control, in the second control mode, the temperature controller such that the monitored value is adjusted to the target monitored value corresponding to the target frequency set as the frequency of the laser light ([0147-148]).
With respect to claim 3, Nishita discloses the temperature controller includes a first temperature controller configured to control temperature of the laser element unit (fig.12 #125), and a second temperature controller configured to control temperature of the monitor unit (fig.12 #222), and the control unit is configured to control, in the second control mode, the first temperature controller such that the monitored value is adjusted to the target monitored value, while changing the temperature of the monitor unit by controlling the second temperature controller ([0147-148]).
With respect to claim 4, Nishita discloses the temperature controller is configured to collectively control temperature of the laser element unit and temperature of the monitor unit (temperature controller identified as #215 + #222, the individual pieces form a group and are controlled, thereby ‘collectively’), and in the second control mode, the control unit is configured to correct the target monitored value based on temperature dependence of the frequency of the laser light at the laser element unit and temperature dependence of the monitored value at the monitor unit in relation to the frequency of the laser light, and while changing the target monitored value that has been corrected, control the temperature controller such that the monitored value is adjusted to the target monitored value that has been corrected ([0147-148], noting fig.3/7 outline offset calculation finds a ‘corrected value’ to which the etalon temp is changed to match, [0086]).
With respect to claim 5, Nishita discloses a control method (fig.15) for a laser apparatus (fig.12) including a laser unit (fig.12 #400) and a temperature controller (fig.12 #215 + #222) configured to control temperature of the laser unit (fig.12 #215), the laser unit including a laser element unit (fig.12 #410) and a monitor unit configured to obtain a monitored value corresponding to frequency of laser light output by the laser element unit (fig.12 #220), the laser element unit including a phase adjusting portion (fig.12 #430) configured to adjust optical length of a laser resonator and enable the frequency of the laser light to be tuned through control by the phase adjusting portion ([0110, 131-132]), the laser apparatus being configured to be capable of executing a first control step of controlling the phase adjusting portion such that the monitored value is adjusted to a target monitored value corresponding to a target frequency set as the frequency of the laser light ([0123], fig.15 S1/S3) while maintaining temperature set for the temperature controller constant ([0123], [0141] temp at targets during S2, followed by control of phase at S3), the control method comprising: a second control step of controlling the temperature controller such that the frequency of the laser light is adjusted to the target frequency set as the frequency of the laser light ([0147-148] etalon temp adjusted to obtain frequency) in a case where continuous adjustment of the frequency of the laser light within a predetermined range (can be the tuning range initiated by the controller from at least a first to a second wavelength, or minute tuning around a selected single wavelength) has been instructed (via method at fig.15 S1 being initiated). Nishita does not disclose the control unit is further configured to: when the frequency of the laser light is continuously changed, maintain a phase adjustment amount of the phase adjusting portion at 2pi radians or less by controlling the temperature controller instead of controlling the phase adjusting portion in a case where the phase adjustment amount exceeds 2pi radians. Barlow teaches a related tuning method for a multi section laser (fig.1, abstract) including phase control ([0044]) and temperature tuning ([0043]) and further that the phase adjustment is held within a 2pi radian variation by control of the temperature adjuster ([0047-51], fig.5a depicts mode boundaries #504/506 which constitute operation inside a given longitudinal mode, [0044], which corresponds to a change of phase of 2pi radians or less; the adjustment by the temperature control ensures the laser stays within the operating mode and thereby prevents the phase control exceeding 2pi radians as exceeding 2pi radians would be equivalent to hoping to another mode), and that such operation occurs while the frequency of light is continuously changed (the operation outlined in [0047-51] is done in a continual basis to correct/offset for the continual effects of aging and thermos-stress constantly shifting the wavelength of the laser; additionally, the operation can be considered continuously changed at least between first and second frequencies as shown in fig.5d-5f). Therefore, it would have been obvious to one of ordinary skill in the art before the filing of the instant application to adapt the device of Nishita such that when the frequency of the laser light is continuously changed, the control unit is further configured to maintain a phase adjustment amount of the phase adjusting portion at 2pi radians or less by controlling the temperature controller instead of controlling the phase adjusting portion in a case where the phase adjustment amount exceeds 2pi radians as demonstrated by Barlow in order to maintain operation within a desired mode despite laser aging (Barlow, [0050]).
With respect to claim 6, Nishita discloses at the second control step, the temperature controller is controlled such that the monitored value is adjusted to the target monitored value corresponding to the target frequency set as the frequency of the laser light ([0147-148]).
With respect to claim 7, Nishita discloses at the second control step, temperature of the laser element unit is controlled such that the monitored value is adjusted to the target monitored value while temperature of the monitor unit is changed ([0147-148]).
With respect to claim 8, Nishita discloses at the second control step, temperature of the laser element unit and temperature of the monitor unit are collectively controlled (temperature controller identified as #215 + #222, the individual pieces form a group and are controlled, thereby ‘collectively’), and the second control step includes: a correcting step of correcting the target monitored value based on temperature dependence of the frequency of the laser light at the laser element unit and temperature dependence of the monitored value at the monitor unit in relation to the frequency of the laser light; and a control step of controlling, while changing the target monitored value that has been corrected, the temperature controller such that the monitored value is adjusted to the target monitored value that has been corrected ([0147-148], noting fig.3/7 outline offset calculation finds a ‘corrected value’ to which the etalon temp is changed to match, [0086]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Please refer to the include pto892 form for a list of related art.
US 7133428 is found to teach continuous frequency/wavelength change during phase and temperature adjustment.
US 2014/0369369, 2020/0373735 and 2014/0036940 being noted as teaching using individual TECs for the laser and etalon OR a single TEC controlling both the laser and etalon.
US 10522972 teaches at col.1 lines 25-37 that a given longitudinal mode has a 2pi radian profile within the resonator, similar to the teachings of RP photonics (“Free spectral range”, https://web.archive.org/web/20220301092255/https://www.rp-photonics.com/free_spectral_range.html, 03/2022).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TOD THOMAS VAN ROY whose telephone number is (571)272-8447. The examiner can normally be reached M-F: 8AM-430PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, MinSun Harvey can be reached at 571-272-1835. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TOD T VAN ROY/Primary Examiner, Art Unit 2828