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. Claim Rejections - 35 USC § 103 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, 4-7, and 9-11 are rejected under 35 U.S.C. 103 as being unpatentable over Shimokozono et al. (US 2006/0228089 A1). In regard to claim 1 , Shimokozo no et al. discloses a n etalon 201 or 2021, 2022 (see e.g. Figures 22, 23) in which light is made incident from a direction different from a direction perpendicular to an incident surface (i.e. surface 2014 of Figure 22) (see e.g. Figure 23 and paragraph [0220]) and is emitted from an emission (i.e. surface 2015 of Figure 22) surface facing the incident surface, the etalon 201 or 2021, 2022 comprising a dielectric 2011 that has a first end surface on the incident surface side (i.e. surface 2014 of Figure 22 ) and a second end surface on the emission surface side (i.e. surface 2015 of Figure 22) so as to oppose the first end surface ( see e.g. Figures 22, 23) . Shimokozono et al. fails to explicitly disclose wherein a refractive index distribution of the dielectric is set in such a manner that a lateral shift of the light becomes smaller between the first end surface and the second end surface as compared with a uniform refractive index distribution etalon under a condition that an optical path length of the light is equal . However, one of ordinary skill in the art would recognize that the materials cited for use in the device (e.g. electrooptic materials) may be controlled to have a desired refractive index to satisfy a lateral shift of the light becomes smaller between the first end surface and the second end surface as compared with a uniform refractive index distribution etalon under a condition that an optical path length of the light is equal (see e.g. paragraphs [0007], [0077], [0080]. [0096], where the crystals used may have a change in the refractive index and may be controlled to satisfy the limitation). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Shimokozono et al. with wherein a refractive index distribution of the dielectric is set in such a manner that a lateral shift of the light becomes smaller between the first end surface and the second end surface as compared with a uniform refractive index distribution etalon under a condition that an optical path length of the light is equal . By selecting a refractive index distribution, the optical path of light through the etalon may be controlled. In regard to claim 2 , Shimokozon o et al. discloses a n etalon (see e.g. Figures 22, 23) in which light is made incident from a direction different from a direction perpendicular to an incident surface (i.e. surface 2014 of Figure 22) (see e.g. Figure 23 and paragraph [0220]) and is emitted from an emission (i.e. surface 2015 of Figure 22) surface facing the incident surface, the etalon 201 or 2021, 2022 comprising a dielectric 2011 that has a first end surface on the incident surface side (i.e. surface 2014 of Figure 22 ) and a second end surface on the emission surface side (i.e. surface 2015 of Figure 22) so as to oppose the first end surface ( see e.g. Figures 22, 23) . Shimokozono et al. fails to explicitly disclose wherein a refractive index of the dielectric changes by a quadratic function of x when a distance in a vertical direction from the first end surface toward the second end surface is x. However, one of ordinary skill in the art would recognize that the materials cited for use in the device (e.g. electrooptic materials) may be controlled to have a desired refractive index to satisfy wherein a refractive index of the dielectric changes by a quadratic function of x when a distance in a vertical direction from the first end surface toward the second end surface is x (see e.g. paragraphs [0007], [0077], [0080] , [0096], where the crystals used may have a change in the refractive index and may be controlled to satisfy the limitation). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Shimokozono et al. with wherein a refractive index of the dielectric changes by a quadratic function of x when a distance in a vertical direction from the first end surface toward the second end surface is x. By selecting a refractive index distribution, the optical path of light through the etalon may be controlled. In regard to claim 4 , Shimokozono et al. discloses the limitations as applied to claim 1 above, and a temperature adjustment mechanism (see e.g. paragraph [0091] where use of a Peltier device is used to control the temperature). In regard to claim 5 , Shimokozono et al. discloses a n etalon device, comprising the etalon according t o claim1 (see e.g. rejection of claim 1 above) , a light source ( i.e . via 2025 ) ( see e.g. paragraph [0219] and note light delivered through fiber 2025 must have a source) , wherein the light source emits light onto the etalon (see e.g. Figure 23). Shimokozono et al. fails to explicitly disclose a drive power source . However, Shimokozono et al. discloses electrodes 2012, 2013 (see e.g. Figure 22, paragraph [0209]). One of ordinary skill in the art would recognize that the electrodes require a drive power source in order to make the device operable. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Shimokozono et al. with a drive power source . Providing a drive power source would allow various components of the etalon device to be operated including providing a voltage source to the electrodes in the etalon. In regard to claim 6 , Shimokozono et al. discloses a method for controlling a n etalon 201 or 2021, 2022 (see e.g. Figures 22, 23) in which light is made incident from a direction different from a direction perpendicular to an incident surface (i.e. surface 2014 of Figure 22) (see e.g. Figure 23 and paragraph [0220]) and is emitted from an emission (i.e. surface 2015 of Figure 22) surface facing the incident surface, the etalon 201 or 2021, 2022 comprising a dielectric 2011 that has a first end surface on the incident surface side (i.e. surface 2014 of Figure 22 ) and a second end surface on the emission surface side (i.e. surface 2015 of Figure 22) so as to oppose the first end surface ( see e.g. Figures 22, 23) . wherein the method comprises the steps of: applying a voltage between the first end surface and the second end surface to change a refractive index of the dielectric between the first end surface and the second end surface (see e.g. paragraph [0217] where a voltage application is disclosed) . Shimokozono et al. fails to disclose reducing a distance between a point on the emission surface from which the light is emitted and a point on the emission surface where the light is incident from the direction perpendicular to the incident surface and emitted. However, one of ordinary skill in the art would recognize that the materials cited for use in the device (e.g. electrooptic materials) may be controlled to have a desired refractive index to satisfy a lateral shift of the light becomes smaller between the first end surface and the second end surface as compared with a uniform refractive index distribution etalon under a condition that an optical path length of the light is equal (see e.g. paragraphs [0007], [0077], [0080]. [0096], where the crystals used may have a change in the refractive index and may be controlled to satisfy the limitation). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Shimokozono et al. with reducing a distance between a point on the emission surface from which the light is emitted and a point on the emission surface where the light is incident from the direction perpendicular to the incident surface and emitted . By selecting a refractive index distribution, the optical path of light through the etalon may be controlled. In regard to claim 7 , Shimokozono et al. discloses the limitations as applied to claim 6 above, and the step of irradiating the etalon with irradiation light (see e.g. Figure 23 where light is incident from fiber 2025 ). In regard to claim 9 , Shimokozono et al. discloses the limitations as applied to claim 2 above, and a temperature adjustment mechanism (see e.g. paragraph [0091] where use of a Peltier device is used to control the temperature). In regard to claim 10 , Shimokozono et al. discloses a n etalon device, comprising the etalon according t o claim 2 (see e.g. rejection of claim 2 above) , a light source ( i.e . via 2025 ) ( see e.g. paragraph [0219] and note light delivered through fiber 2025 must have a source) , wherein the light source emits light onto the etalon (see e.g. Figure 23). Shimokozono et al. fails to explicitly disclose a drive power source . However, Shimokozono et al. discloses electrodes 2012, 2013 (see e.g. Figure 22, paragraph [0209]). One of ordinary skill in the art would recognize that the electrodes require a drive power source in order to make the device operable. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Shimokozono et al. with a drive power source . Providing a drive power source would allow various components of the etalon device to be operated including providing a voltage source to the electrodes in the etalon. In regard to claim 11 , Shimokozono et al. discloses a n etalon device, comprising the etalon according t o claim 4 (see e.g. rejection of claim 4 above) , a light source ( i.e . via 2025 ) ( see e.g. paragraph [0219] and note light delivered through fiber 2025 must have a source) , wherein the light source emits light onto the etalon (see e.g. Figure 23). Shimokozono et al. fails to explicitly disclose a drive power source . However, Shimokozono et al. discloses electrodes 2012, 2013 (see e.g. Figure 22, paragraph [0209]). One of ordinary skill in the art would recognize that the electrodes require a drive power source in order to make the device operable. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Shimokozono et al. with a drive power source . Providing a drive power source would allow various components of the etalon device to be operated including providing a voltage source to the electrodes in the etalon. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT JESSICA M MERLIN whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)270-3207 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT Monday-Thursday 7:00AM-5:00PM . 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, FILLIN "SPE Name?" \* MERGEFORMAT Jennifer Carruth can be reached at FILLIN "SPE Phone?" \* MERGEFORMAT (571) 272-9791 . The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /JESSICA M MERLIN/ Primary Examiner, Art Unit 2871