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 .
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.
Response to Arguments
On page 9 of the response, applicant requests the double patenting rejection be held in abeyance. Requests to hold double patenting rejections in abeyance are not responsive to the rejection. MPEP 804(I)(B)(1) (“Only compliance with objections or requirements as to form not necessary for further consideration of the claims may be held in abeyance until allowable subject matter is indicated. Replies with an omission should be treated as provided in MPEP § 714.03.”). The cited patents discuss the amended features in the claims. Accordingly, the rejection has been updated based on applicant’s amendment but is otherwise maintained. Applicant is advised that future requests to hold the rejection in abeyance will be treated as non-responsive.
On pages 9-13, applicant discusses amended claims 1 and 11 with respect to the previously applied art under 35 U.S.C. 103. Applicant’s arguments are largely moot, because the amendment is sufficient to overcome the previous rejection (e.g. the previously applied references do not appear to discuss self-phase modulation). However, applicant makes various statements regarding the Wada et al. (JPH08139398), hereafter Wada JP, reference. See, e.g., pg. 11 (“Applicants respectfully submit that Wada2 does not remedy the above-noted deficiencies of Wada and Johnson”). The above noted deficiencies indicated as the gain medium/laser crystal of Wada and Johnson do not have photoacoustic wave generators. This was acknowledged by the Office in the previous action and Wada JP, referenced by applicant as Wada2, is specifically applied to address this issue. Wada JP discloses the acoustic wave generators may be applied to either a modulator or the gain medium (Compare Fig. 2 providing an acoustic wave generator 22 on a modulator 16 with Fig. 3 providing an acoustic wave generator 22 on a gain medium 14). Accordingly, applicant’s arguments are not persuasive, since Wada JP explicitly remedies the supposed deficiencies of Wada and Johnson.
Election/Restrictions
Applicant’s election of Species A in the reply filed on 11/21/2025 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claims 16-18 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 11/21/2025.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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 1-15, 19, and 20 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.
Claims 1 and 11 have been amended to recite “wherein the gain medium produces a positive self-phase modulation of the seed laser light and the first photoacoustic wave, and the second photoacoustic wave produces a negative self-phase modulation of the seed laser light.” The claims are indefinite because it is unclear if “and the first photoacoustic wave” is producing a positive or negative self-phase modulation. For the purpose of this Office Action, the Office will interpret the claims as “wherein the gain medium produces a positive self-phase modulation of the seed laser light, and the first photoacoustic wave and the second photoacoustic wave produces a negative self-phase modulation of the seed laser light.”
Claims 2-10, 12-15, 19, and 20 are indefinite at least based on their dependence from claim 1 or 11.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-15, 19, and 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-17 of U.S. Patent No. 11695249 in view of US20050270631 in further view of JPH08139398 and claims 1-18 of U.S. Patent No. 12003073 in view of US20050270631 in further view of JPH08139398.
This Application
U.S. Patent No. 11695249
U.S. Patent No. 12003073
1. A laser device comprising:
a pump light source configured to provide pump light;
a gain medium configured to acquire a gain of seed laser light by using the pump light;
a first curved mirror and a second curved mirror, which are provided at both sides of the gain medium to reflect the seed laser light into the gain medium;
an output mirror configured to transmit a portion of the seed laser light reflected by the second curved mirror and reflect another portion of the seed laser light to the gain medium;
a first acoustic wave generator connected to the gain medium and configured to provide a first photoacoustic wave in the gain medium; and
a second acoustic wave generator connected to the gain medium and configured to provide a second photoacoustic wave in the gain medium.
wherein the gain medium produces a positive self-phase modulation of the seed laser light,
and the first photoacoustic wave and the second photoacoustic wave produces a negative self-phase modulation of the seed laser light.
1. A femtosecond pulse laser apparatus comprising:
a pump light source configured to provide a pump light;
a gain medium configured to obtain a gain of a laser light using the pump light;
a first curved mirror and a second curved mirror, which are provided at both sides of the gain medium to reflect the laser light into the gain medium;
an output mirror configured to transmit a portion of the laser light reflected by the second curved mirror and reflect the other portion of the laser light to the gain medium;
a mode locking portion configured to generate a femtosecond pulse using a locking mode of the laser light reflected by the first curved mirror; and
an acoustic wave generator connected to the gain medium and configured to provide an acoustic wave into the gain medium so as to adjust a self-phase modulation of the laser light;
wherein the pump light source comprises: a first laser diode configured to generate first pump light; a second laser diode configured to generate second pump light having a wavelength shorter than that of the first pump light; and a third laser diode configured to generate third pump light having a wavelength shorter than that of the second pump light.
Claim 8 which depends from claim 1
the gain medium and the mode locking portion generate a positive self-phase modulation,
and the acoustic wave generator provides the acoustic wave into the gain medium to generate a negative self-phase modulation that compensates the positive self-phase modulation.
1. A femtosecond pulse laser apparatus comprising:
a pump light source configured to provide a pump light;
a gain medium configured to obtain a gain of a laser light using the pump light;
a first curved mirror and a second curved mirror, which are provided at both sides of the gain medium to reflect the laser light into the gain medium;
an output mirror configured to transmit a portion of the laser light reflected by the second curved mirror and reflect the other portion of the laser light to the gain medium;
a mode locking portion configured to generate a femtosecond pulse using a locking mode of the laser light reflected by the first curved mirror;
an acoustic wave generator connected to the gain medium and configured to provide an acoustic wave into the gain medium so as to adjust a self-phase modulation of the laser light;
a wavefront sensor configured to detect a first wavefront of the laser light; an adaptive window provided between the pump light source and the first curved mirror and configured to partially adjust a second wavefront of the pump light; and a controller connected to the wavefront sensor and the adaptive window to distinguish the first wavefront of the laser light, the controller configured to adjust the second wavefront of the pump light in the adaptive window based on the first wavefront.
Claim 7 which depends from claim 1
the gain medium and the mode locking portion generate a positive self-phase modulation,
and the acoustic wave generator provides the acoustic wave into the gain medium to generate a negative self-phase modulation that compensates the positive self-phase modulation.
Accordingly, claim 8 of US11695249B2 and claim 7 of US12003073B2 contain all the limitations of claim 1 of this application except for “a second acoustic wave generator connected to the gain medium and configured to provide a second photoacoustic wave in the gain medium.” However, US20050270631 discloses that multiple acoustic wave generators to provide multiple photoacoustic waves in modulators (Fig. 26 elements 70). In order to provide greater control over amplitude and frequency modulation (Abstract). Accordingly, it would have been obvious to a person of ordinary skill in the art to modify claim 1 of US11695249B2 or claim 1 of US12003073B2 with a second acoustic wave generator configured to provide a second photoacoustic wave as disclosed by US20050270631 in order to provide greater control over amplitude and frequency modulation. claim 1 of US11695249B2 or claim 1 of US12003073B2 as modified by US20050270631 do not explicitly disclose the second acoustic wave generator applied to the gain medium. However, JPH08139398 discloses the acoustic wave generators may be applied to either a modulator or the gain medium (Compare Fig. 2 providing an acoustic wave generator 22 on a modulator 16 with Fig. 3 providing an acoustic wave generator 22 on a gain medium 14). An advantage is to provide modulation with fewer cavity elements (Compare Figs. 2 and 3). Accordingly, it would have been obvious to a person of ordinary skill in the art prior to the effective filing date of the claimed invention to further modify claim 8 of US11695249B2 or claim 7 of US12003073B2 as modified by US20050270631 with the second acoustic wave generator applied to the gain medium as suggested by JPH08139398 in order to provide modulation with fewer cavity elements.
Claims 2-15, 19, and 20 are rendered obvious by claims 2-17 of U.S. Patent No. 11695249 or claims 2-18 of US12003073B2. Any features which are not explicitly taught by the claims of US11165249 or US12003073 the Office takes Official Notice that those elements are merely well known conventional elements in the laser art which may be added or removed based on the intended use of the device.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See attached Notice of References Cited.
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 JOSHUA KING whose telephone number is (571)270-1441. The examiner can normally be reached Monday to Friday 10am-5pm MT.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Min Sun 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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/Joshua King/Primary Examiner, Art Unit 2828 06/27/2026
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