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 .
Election/Restrictions
Applicant’s election without traverse of Species i, for examination of claims 1, 3, 11 and 12, in the reply filed on 07/10/2026 is acknowledged.
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 1, 3, 11-12 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.
Claim 1 describes the propagation of light from source to measurement target, and particularly via interferometers and optical couplers. The limitation describing the light suppression refers to “an amount of light of a light beam that is split and proceeds to the downstream side to be larger than an amount of light of a light beam that is split and proceeds to the corresponding interferometer”. The language renders the claim indefinite because in the preceding paragraph, the claim recites “the light beam from the light source”, “split the received light beam into a beam proceeding to a corresponding interferometer”, “a beam proceeding to the downstream side”, and “supply the split light beams”. Therefore, upon reading the limitation at issue, it is unclear as to whether the two recitations of “a light beam that is split” are intended to refer to the preceding split light beams or if they are intended to establish additional split light beams not previously recited. For purposes of examination, these limitations reciting “a light beam that is split” (appearing twice in the suppressing unit paragraph) will be interpreted as referring to the previously established split light beams as such seems to best consistent with the specification.
Claim 1 additionally recites in the last paragraph, “a plurality of interference beams generated by the plurality of interferometers”. The claim previously established interference beams so it appears that the language here is intended to refer to those established interference beams, and results in insufficient antecedent basis. For purposes of examination, this limitation will be interpreted as presented above, which is consistent with the specification.
Claim 3 requires proportion Rsubi as defined in the claim, but also introduces an ith stage optical coupler that is somehow related to or has an effect on an integer of “1” being added to the proportion. This limitation renders the claims indefinite because it is unclear where the integer of 1 comes from and how it corresponds to an ith-stage coupler. That is to say, it is unclear how the expression was derived, how the “1” was determined, and how that expression applies to ith-stage optical couplers as claimed. The specification provides no additional guidance. For purposes of examination, this limitation will be interpreted as being split light as claimed having different or the same optical proportions.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 3, 11-12 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by De Groot (US 2007/0171425).1: De Groot discloses an optical interference range sensor comprising:
a light source configured to project a light beam from an upstream side toward a downstream side, while continuously varying a wavelength thereof [fig. 14A, SD unit 1410; 0127, 0137-39];
a plurality of interferometers each configured to generate an interference beam by interference between a measurement beam reflected at a measurement target as a result of a supplied light beam being guided to the measurement target and a reference beam passing through an optical path that is at least partially different from an optical path of the measurement beam [fig. 14A, sensors 1420; 0127; fig. 3, sensor 110 and 0101 and 0105; wherein fig. 3, sensor 110, beam 331 and 0105 detail generating interference between measurement and reference light; fig. 3, sensor 110, target 210, beam 331 and 0105 detail the measurement light path; and fig. 3, sensor 110, transmissive reference flat 320, and 0105 detail the difference in optical paths of the reference and measurement light];
a plurality of stages of optical couplers connected in series, each of the plurality of stages of optical couplers being configured to receive, from[[ an]] the upstream side, the light beam from the light source, split the received light beam into a beam proceeding to a corresponding interferometer, of the plurality of interferometers, and a beam proceeding to [[a]]the downstream side, and supply the split light beams [fig. 14A, sensors 1420 in series and 0127; also fig. 14C, couplers 1452 and 0130];
a suppressing unit comprising at least one optical coupler coupled between at least two of the plurality of stages and configured to suppress a supply of a light beam from the downstream side to the upstream side in the plurality of stages of optical couplers, wherein the suppressing unit is configured to cause an amount of light of a light beam that is split and proceeds to the downstream side to be larger than an amount of light of alight beam that is split and proceeds to the corresponding interferometer [fig. 14A, sensors 1420, 0127; fig. 14C, couplers 1452 and 0130, 0166; and fig. 14A, light propagation from SD unit 1410 to sensors 1420 in series and 0127; 0166 teaches couplers having different split ratios to compensate for differential loss along each path leg, which corresponds to light suppression]; and
a processor configured to calculate a distance to the measurement target based on frequencies of a plurality of interference beams generated by the plurality of interferometers [0036, 0144].
3: De Groot discloses a proportion, denoted by Ri, of an amount of light of a light beam that is split and proceeds to the corresponding interferometer to an amount of light of a light beam that is split and proceeds to the downstream side, regarding an ith-stage optical coupler out of the plurality of stages of optical couplers, is set such that the expression Ri+1>Ri is satisfied [fig. 14A, light travels from SD unit 1410 to sensors 1420 in series, 0127; 0166 teaches couplers having different split ratios to compensate for differential loss along each path leg and also a split ratio that can be 50/50].
11, 12: De Groot discloses each of the plurality of interferometers generates the respective interference beam by interference between a first reflected beam that is a reflected beam of the measurement beam radiated toward the measurement target and reflected at the measurement target and a second reflected beam that is a reflected beam of the reference beam reflected at a reference surface [at least 0101 teaches establishing the reference beams via reflection from a reference surface; at least 0009 and 0011 teach reference and measurement paths employing reflection at respective reference and measurement objects].
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Samantha K. Nickerson whose telephone number is (571)270-1037. The examiner can normally be reached Generally Monday-Tuesday, 7:00AM-3:00PM CT.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Isam Alsomiri can be reached at (571)272-6970. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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SAMANTHA K. NICKERSON
Primary Examiner
Art Unit 3645
/SAMANTHA K NICKERSON/Primary Examiner, Art Unit 3645
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