FINAL REJECTION
Acknowledgements
1. This final rejection is in response to the claim amendments and remarks filed Dec. 31, 2025.
2. The claim amendments filed Dec. 31, 2025 (“DEC 2025 CLAIM AMENDMENTS”) have been entered. Claims 1, 3, and 5-22 are pending. These claims are grouped as follows:
claims 1 and 17-22;
claims 3 and 5-6; and
claims 7-16.
2. Applicant claims priority under 35 USC §119(e) to Provisional App. No. 63/305,190 filed on Jan. 31, 2022.
3. The presumed effective filing date of the instant application is Jan. 31, 2022, which is the filing date of the provisional application.
Response to Remarks filed Dec. 31, 2025
4. The DEC 2025 CLAIM AMENDMENTS have overcome the §103 rejections. Thus, they are withdrawn.
Claim Interpretation
5. Claims 5, 6, 17, and 18 are presumed to invoke §112(f) because it uses the clause “means for” clause followed by purely functional language.
As to claims 5 and 17, the corresponding structure is TOF1.
As to claims 6 and 18, the corresponding structure is TOF2.
Claim Rejections - 35 USC § 112
6. Claims 11-13, 19-21, and 22 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
As to claims 11-13 and 19-21, the clause “…varying one or more of:…a concentration of Er3+…” is indefinite because it is unclear whether the Er3+ concentration of “the EDF” is being varied or alternatively, whether the concentration of Er3+ of some other fiber is being varied. The similar reasoning is the basis for the indefinite rejection of the clauses pertaining to the Tm3+ and Ho3+ concentrations.
Examiners suggest amending the claims to read, e.g., “…varying one or more of:…a concentration of Er3+ of the EDF…” to overcome this rejection. Similar language should be used for the Tm3+ and Ho3+ claims.
As to claim 22, the clause “for use of amplifying…” is indefinite because it unclear whether this applies to the input signal. As it is claimed, it is merely intended use and does not further limit base claim 1.
Examiners suggest amending this claim to “further comprising an input signal at about 2µm.”
Allowable Subject Matter
7. Claims 1, 3, and 5-10, and 14-18 are allowed because the prior art does not disclose or make obvious “the preceding cascaded pumping stage comprises an Erbium-doped fiber (EDF) pumped 15 at one of the 980nm or 1480nn, and emitting a first output signal at 1620nm; the succeeding cascaded pumping stage comprises a Thulium-doped fiber (TDF) pumped by the first output signal from the EDF at 1620nm, and emitting a second output signal at 1950nm; and the second output signal from the TDF at 1950nm is used to pump the HDF” in combination with the other limitations of the claims.
Claim 7 is merely the method of normal operation of claim 3. As such, claim 7 is allowed for the same reason as 3.
Conclusion
8. THIS ACTION IS MADE FINAL. 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.
9. Any inquiry concerning this communication or earlier communications from the examiner should be directed to DEANDRA M HUGHES whose telephone number is (571)272-6982. The examiner can normally be reached Generally M-Th 8AM-6PM.
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Signed:
/DEANDRA M HUGHES/Reexamination Specialist, Art Unit 3992
Conferees: