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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 December 22, 2025 has been entered.
Response to Amendment
Applicant’s Amendment filed December 17, 2025 has been fully considered and entered.
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, 4-8, 11-16, and 19 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.
Regarding claim 1; the claim recites the limitation (emphasis added) “wherein the first phase shifter is configured for imparting a first phase shift such that optical signals emerging from the first phase shifter along the first waveguide have a well-defined phase relationship to optical signals traversing the second waveguide” in lines 14-16 of the claim.
It is unclear what constitutes “a well-defined phase relationship”, the specification as originally filed does not disclose discuss “a well-defined phase relationship” as opposed to a phase relationship that is not well defined. Therefore, as explained in the advisory action mailed December 17, 2025, it’s impossible to determine the metes and bounds of the claim because it’s unclear what a well-defined phase relationship is.
Dependent claims 4-8, 11-16, and 19 inherently contain the deficiencies of any base or intervening claims from which they depend.
Claim Rejections - 35 USC § 102
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 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.
Claims 1 and 4-6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Van Thourhout et al. (US 2020/0174188 A1; hereafter Van Thourhout).
Regarding claims 1 and 4-6; Van Thourhout et al. discloses an integrated photonics system (see Figure 3) comprising:
a photonics chip including a polarization controller having a single polarization-side port (TE/TM port; see Figure 3) and single component-side port (TE port), the polarization controller comprising:
a polarization splitter rotator (12; see paragraph 65 and Figure 3) including a first (TE/TM Input), a second (port coupled to waveguide 13), and a third port (port coupled to waveguide 14), the PSR coupled via its first port, over the polarization-side port (see Figure 3);
a first set of waveguides (13, 14), including a first waveguide and a second waveguide coupled respectively to the second and third ports of the PSR (12);
a first phase shifter (15; see paragraphs 20 and 81, “the decohering means may comprise a phase modulator adapted for modulating the phase of one of the first mode signal and the second mode signal”) coupled along the first waveguide (13) of the first set of waveguides; and
an integrated 2:1 splitter (16; see paragraph 72 and Figure 3) including a first set of ports (2 input ports) and a second port (1 output port), the integrated 2:1 splitter (16) coupled to the PSR (12) via its first set of ports (input ports) and over the first set of waveguides (13, 14), and coupled over its second port (output port), via the single component-side port of the polarization controller (see Figure 3);
wherein the first phase shifter (phase modulator 15) is configured for imparting a first phase shift (i.e. modulating a phase) such that optical signals emerging from the first phase shifter along the first waveguide have a well-defined phase relationship to optical signals traversing the second waveguide (i.e. the optical signals are phase shifted with respect to the optical signals traversing the second waveguide);
wherein the first phase shift imparted by the first phase shifter (15) is such that optical signals entering the first set of ports (input ports of 16) of the integrated 2:1 splitter (16) are in phase, optimizing a power of optical signals emerging from the single component-side port of the polarization controller (see paragraphs 81-85);
wherein the first phase shifter (15) imparted by the first phase shifter is such that the optical signals emerging from the polarization-side port of the polarization controller have a selected polarization state (common polarization mode; see paragraph 23); and
wherein the first phase shifter (15) is tunable (see paragraph 82; electro-optic phase modulators are tunable phase shifters).
Claims 1 and 4-6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fang et al. (CN 215067593 U).
Regarding claim 1; Fang et al. discloses an integrated photonics system (see Figure 1) comprising:
a photonics chip (silicon-based electro optic modulator) including a polarization controller having a single polarization-side port and a single component-side port (see annotated Figure 1 below), the polarization controller comprising:
a polarization splitter rotator (PSR) (rotating polarization beam splitter 1) including a first, a second, and a third port (first port of 1, second port of 1, and third port of 1, respectively; see annotated Figure 1 below), the PSR coupled via its first port, over the polarization-side port;
a first set of waveguides including a first waveguide (first waveguide 2) and a second waveguide (second waveguide 2) coupled respectively to the second and third ports of the PSR (see annotated Figure 1 below);
a first phase shifter (first phase shifter 3) coupled along the first waveguide of the first set of waveguides; and
an integrated 2:1 splitter (4) including a first set of ports and a second port, the integrated 2:1 splitter coupled to the PSR via its first set of ports and over the first set of waveguides (see Figure 1, the first and second waveguides 2 are coupled to the first set of ports and the light output channel 5 is output on the second port), and coupled over its second port, via the single component-side port of the polarization controller (see Figure 1),
wherein the first phase shifter (3) is configured for imparting a first phase shift such that optical signals emerging from the first phase shifter along the first waveguide (first waveguide 2) have a well-defined phase relationship to optical signals traversing the second waveguide (second waveguide 2);
wherein the first phase shift imparted by the first phase shifter (first phase shifter 3) is such that optical signals entering the first set of ports of the integrated 2:1 splitter (4) are in phase, optimizing a power of optical signals emerging from the single component-side port of the polarization controller.
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Regarding claim 4; Fang et al. teaches that the first phase shift is imparted by the first phase shifter (first phase shifter 3; see annotated Figure 1 above) such that optical signals enter the first set of ports of the integrated 2:1 splitter having desired phases.
Fang et al. does not specifically disclose that the optical signals are in phase, optimizing a power of optical signals emerging from the single component-side port of the polarization controller.
The examiner notes that "such that the optical signals are in phase, optimizing a power of optical signals emerging from the single component-side port of the polarization controller" is an intended use of the device. It has been held that “apparatus claims cover what a device is, not what a device does” (Hewlett-Packard Co. v. Bausch & Lomb Inc. 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990)); that a claim containing a “recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus" if the prior art apparatus teaches all of the structural limitations of the claim (Ex parte Masham, 2 USPQ 2d 1647 (Bd. Pat. App. & Inter. 1987)); and that if a prior art structure is capable of performing the intended use as recited in the preamble, then it meets the claim (In re Schreiber, 128 F.3d 1473, 1477, 44 USPQ2d 1429, 1431 (Fed. Cir. 1997)). See MPEP § 2111.02, II and MPEP § 2114, II. The claims are directed to the device (the integrated photonics system), and Feng et al. discloses all of the limitations of the integrated photonics system as applied above. Additionally, because Fang et al. teaches that the phases are controllable within the waveguides (first and second waveguide), the device is capable of adjusting the phases to be in phase as the 2:1 splitter inputs, thereby obtaining the optimized power.
Regarding claim 5; Fang et al. discloses the integrated photonics system of claim 1 as applied above, wherein the first phase shift imparted by the first phase shifter (first phase shifter 3; see annotated Figure 1 above) is such that optical signals emerging from the polarization-side port of the polarization controller have a selected polarization state.
Regarding claim 6; Fang et al. teaches that wherein the first phase shifter (3; see annotated Figure 1 above) is tunable (by application of RF signal).
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.
Claims 7-8, 11-16, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Van Thourhout et al. (US 2020/0174188 A1; hereafter Van Thourhout) in view of Doerr (US 2023/0097053 A1).
Regarding claim 7; Van Thourhout discloses the integrated photonics system of claim 6 (see the rejection of claim 6 above), wherein the tunable phase shifter (phase modulator 15; see Figure 3 and paragraph 82) may be modulated by applied external electric field changes, which inherently require a controller, as understood by a person of ordinary skill in the art. Van Thourhout does not disclose at least one power detection element coupled along the single at least one component-side port of the polarization controller, wherein the controller, the at least one power detection element, and the tunable first phase shifter (15) are comprised in a feedback loop for tuning the first phase shift imparted by the first phase shifter.
Doerr teaches that a tunable phase shifter (318) may be provided with a controller (344), and at least one power detection element (inherently required to provide feedback 348; see Figures 3 and paragraph 56) coupled along the at least one component-side port of the polarization controller, wherein the controller, the at least one power detection element, and the tunable first phase shifter are comprised in a feedback loop for tuning a first phase shift of the first phase shifter (see paragraph 56).
Before the effective filing date of the present invention, a person of ordinary skill in the art would have found it obvious to provide the invention Van Thourhout with a controller, and at least one power detection element coupled along the single at least one component-side port of the polarization controller, wherein the controller, the at least one power detection element, and the tunable first phase shifter are comprised in a feedback loop for tuning the first phase shift imparted by the first phase shifter to provide accurate phase control, to minimize optical loss, and to optimize the output signal, since these were known elements of prior art, since feedback loops are routinely used to control phase shifters in the prior art, and since no novel or unexpected results would occur from the use of a conventional feedback loop to control the phase shifter (15) of Van Thourhout, and since one of ordinary skill could have combined the elements by known coupling methods with no change in their respective functions to yield predictable results. KSR International Co. v. Teleflex Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007).
Regarding claims 8, 11, and 12; Van Thourhout discloses the integrated photonics system of claim 1 (see the rejection of claim 1 above), but fails to disclose:
a second set of waveguides, including a third and a fourth waveguide, coupled to the first set of ports of the integrated 2:1 first splitter;
a second phase shifter coupled along the third waveguide configured for imparting a second phase shift; and
a second 2:2 splitter including a first set of ports and a second set of ports, the second 2:2 splitter coupled via its first set of ports to the first set of waveguides and coupled via its second set of ports to the second set of waveguides, the second 2:2 splitter coupled over the first set of waveguides to the PSR and coupled over the second set of waveguides to the integrated 2:1 first splitter.
Doerr teaches that a multi-stage phase shifter can achieve significantly improved efficiency and speed with lower rates of data loss as compared to a single stage phase shifter (see paragraph 27), wherein the multi-stage phase shifter includes:
a second set of waveguides (334, 336), including a third and a fourth waveguide, coupled to a first set of ports of a first splitter (342);
a second phase shifter (338) coupled along the third waveguide configured for imparting a second phase shift;
a second splitter (332) including a first set of ports and a second set of ports, the second splitter coupled via its first set of ports to a first set of waveguides (324, 326) and coupled via its second set of ports to the second set of waveguides (334, 336), the second splitter coupled over the first set of waveguides to a PSR (346) and coupled over the second set of waveguides to the first splitter (342; see Figure 3);
wherein the second splitter (332) comprises a 2:2 splitter;
wherein the first and second phase shifts imparted by the first and second phase shifters (318 and 338) are such that optical signals emerging from single component-side port of the polarization controller; and
wherein the first and second phase shifts imparted by the first and second phase shifters (318, 338) are such that optical signals emerging from the polarization-side port of the polarization controller has a selected polarization state.
Thus, before the effective filing date of the present invention, a person of ordinary skill in the art would have found it obvious to replace the one stage phase shifter of Van Thourhout with a multi-stage phase shifter for the purpose of providing improved efficient and speed with lower rates of data loss, by providing a second set of waveguides, including a third waveguide and a fourth waveguide, coupled to the first set of ports of the integrated 2:1 first splitter; a second phase shifter coupled along the third waveguide of the second set of waveguides; and a second 2:2 splitter including a first set of ports and a second set of ports, the second 2:2 splitter coupled via its first set of ports to the first set of waveguides and coupled via its second set of ports to the second set of waveguides, the second 2:2 splitter coupled over the first set of waveguides to the PSR and coupled over the second set of waveguides to the integrated 2:1 first splitter, wherein the first and second phase shifters (318 and 338) are configured for imparting phase shifts which optimize optical signals emerging from at least one port of the single component-side port of the polarization controller, and wherein the first and second phase shifters (318, 338) are configured for imparting phase shifts which generate an optical signal having a selected polarization state emerging from the polarization-side port of the polarization controller, since one of ordinary skill could have combined the known alternative multi-stage phase shifter with the other elements of the invention of Van Thourhout in place of the single stage phase shifter of Van Thourhout by known coupling methods with no change in their respective functions to yield predictable results. KSR International Co. v. Teleflex Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007).
Regarding claim 13; Doerr further teaches that the first and second phase shifters (318, 338) of the multi-stage phase shifter are tunable (via controller 344);
Regarding claims 14-16 and 19; Doerr further teaches that the multi-stage phase shifter includes:
a controller (controller 344), and
at least one power detection element (inherently required to provide feedback 348) coupled along the single component-side port of the polarization controller,
wherein the controller (344) , the at least one power detection elements (detector inherently required to provide feedback loop 348), and the tunable first and second phase shifters are comprises in a feedback loop (348) for tuning the first and second phase shifts of the tunable first and second phase shifters (see paragraphs 68-69, 75, 94 and 9; see Figure 3);
wherein at least one power detection element comprises at least one photodetector coupled via a tap to the single component-side port of the polarization controller (i.e. a feedback loop 348), and
wherein the controller in response to signals from the at least one photodetector controls at least one electrical control signal sent to the tunable first and second phase shifters (this structure is inherent to the feedback loop 348; see paragraphs 68-69, 75, 94 and 97);
wherein the at least one power detection element (inherently required to provide feedback 348) comprises a photodetector coupled to the single component-side port of the polarization controller, and
wherein the controller in response to signals from the photodetector (i.e. feedback signals) controls at least one electrical control signal (via controller 344) sent to the tunable first and second phase shifters; and
further comprising: a driver (controller 344) for driving the first and second the phase shifts of the tunable first and second phase shifters in at least one of a rapid and random fashion so as to produce an optical signal emerging from the polarization-side port of the polarization controller which effectively has a scrambled polarization state (see paragraph 113).
Claims 7-8, 11-16 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Fang et al. (CN 215067593 U) in view of Doerr (US 2023/0097053 A1).
Regarding claim 7; Feng et al. discloses the integrated photonics system of claim 6, further comprising a controller (the RF signal is applied by electrodes which control the phase shifters and therefore a controller is provided), but fails to disclose:
at least one power detection element coupled along the single component-side port of the polarization controller,
wherein the controller, the at least one power detection element, and the tunable first phase shifter are comprised in a feedback loop for tuning the first phase shift imparted by the first phase shifter.
Doerr teaches that a tunable phase shifter (318) may be provided with a controller (344), and at least one power detection element (inherently required to provide feedback 348; see Figures 3 and paragraph 56) coupled along the at least one component-side port of the polarization controller, wherein the controller, the at least one power detection element, and the tunable first phase shifter are comprised in a feedback loop for tuning a first phase shift of the first phase shifter (see paragraph 56).
Before the effective filing date of the present invention, a person of ordinary skill in the art would have found it obvious to provide the invention Fang et al. with a controller, and at least one power detection element coupled along the single at least one component-side port of the polarization controller, wherein the controller, the at least one power detection element, and the tunable first phase shifter are comprised in a feedback loop for tuning the first phase shift imparted by the first phase shifter to provide accurate phase control, to minimize optical loss, and to optimize the output signal, since these were known elements of prior art, since feedback loops are routinely used to control phase shifters in the prior art, and since no novel or unexpected results would occur from the use of a conventional feedback loop to control the phase shifter (3) of Fang et al., and since one of ordinary skill could have combined the elements by known coupling methods with no change in their respective functions to yield predictable results. KSR International Co. v. Teleflex Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007).
Regarding claim 8; Fang et al. discloses the integrated photonics system of claim 1 as applied above, but fails to disclose:
a second set of waveguides, including a third and a fourth waveguide coupled to the first set of ports of the integrated 2:1 splitter;
a second phase shifter coupled along the third configured for imparting a second phase shift; and
a 2:2 splitter including a first set of ports and a second set of ports, the 2:2 splitter coupled via its first set of ports to the first set of waveguides and coupled via its second set of ports to the second set of waveguides, the 2:2 splitter coupled over the first set of waveguides to the PSR and coupled over the second set of waveguides to the integrated 2:1 splitter.
Doerr teaches that a multi-stage phase shifter can achieve significantly improved efficiency and speed with lower rates of data loss as compared to a single stage phase shifter (see paragraph 27), wherein the multi-stage phase shifter includes:
a second set of waveguides (334, 336), including a third waveguide (334) and a fourth waveguide (336), coupled to a first set of ports of a first splitter (342);
a second phase shifter (338) coupled along the third waveguide configured for imparting a second phase shift; and
a second splitter (332) including a first set of ports and a second set of ports, the second splitter coupled via its first set of ports to a first set of waveguides (324, 326) and coupled via its second set of ports to the second set of waveguides (334, 336), the second splitter coupled over the first set of waveguides to a PSR (346) and coupled over the second set of waveguides to the first splitter (342; see Figure 3);
Before the effective filing date of the present invention, a person of ordinary skill in the art would have found it obvious to replace the one stage phase shifter of Fang with a multi-stage phase shifter for the purpose of providing improved efficient and speed with lower rates of data loss, by providing a second set of waveguides, including a third and fourth waveguide, coupled to the first set of ports of the integrated 2:1 first splitter; a second phase shifter coupled along the third waveguide configured for imparting a second phase shift; and a second 2:2 splitter including a first set of ports and a second set of ports, the second 2:2 splitter coupled via its first set of ports to the first set of waveguides and coupled via its second set of ports to the second set of waveguides, the second 2:2 splitter coupled over the first set of waveguides to the PSR and coupled over the second set of waveguides to the integrated 2:1 first splitter, since one of ordinary skill could have combined the known alternative multi-stage phase shifter with the other elements of the invention of Van Thourhout in place of the single stage phase shifter of Van Thourhout by known coupling methods with no change in their respective functions to yield predictable results. KSR International Co. v. Teleflex Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007).
Regarding claim 11; Fang and Doerr teach and/or suggest the integrated photonics system of claim 8 as applied above, wherein the first and second phase shifts are imparted by the first and second phase shifters.
The examiner notes that "optimize optical signals emerging from the single component-side port of the polarization controller" is an intended use of the claimed device. It has been held that “apparatus claims cover what a device is, not what a device does” (Hewlett-Packard Co. v. Bausch & Lomb Inc. 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990)); that a claim containing a “recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus" if the prior art apparatus teaches all of the structural limitations of the claim (Ex parte Masham, 2 USPQ 2d 1647 (Bd. Pat. App. & Inter. 1987)); and that if a prior art structure is capable of performing the intended use as recited in the preamble, then it meets the claim (In re Schreiber, 128 F.3d 1473, 1477, 44 USPQ2d 1429, 1431 (Fed. Cir. 1997)). See MPEP § 2111.02, II and MPEP § 2114, II. The device suggested by the teachings of Fang and Doerr, as discussed above, is capable of the claimed use.
Regarding claim 12; Fang et al. and Doerr teach and/or suggest the integrated photonics system of claim 8 as discussed above, wherein the first and second phase shifts imparted by the first and second phase shifters are such that optical emerging from the polarization-side port of the polarization controller have a selected polarization state (the signal will have a common selected polarization state based on the output of the PSR).
Regarding claim 13; Fang et al. discloses that the phase shifters (3) are tunable with RF signals. Doerr further teaches that the first and second phase shifters (318, 338) of the multi-stage phase shifter are tunable (via controller 344). Therefore, before the effective filing date of the present invention, a person of ordinary skill in the art would have found it obvious to have the first and second phase shifters are tunable for the purpose of allowing the user to tune the phase shifters to obtain a desired optical output.
Regarding claims 14-16 and 19; Doerr further teaches that the multi-stage phase shifter includes:
a controller (controller 344), and
at least one power detection element (inherently required to provide feedback 348) coupled along the single component-side port of the polarization controller,
wherein the controller (344) , the at least one power detection elements (detector inherently required to provide feedback loop 348), and the tunable first and second phase shifters are comprises in a feedback loop (348) for tuning the first and second phase shifts of the tunable first and second phase shifters (see paragraphs 68-69, 75, 94 and 9; see Figure 3);
wherein at least one power detection element comprises at least one photodetector coupled via a tap to the single component-side port of the polarization controller (i.e. a feedback loop 348), and
wherein the controller in response to signals from the at least one photodetector controls at least one electrical control signal sent to the tunable first and second phase shifters (this structure is inherent to the feedback loop 348; see paragraphs 68-69, 75, 94 and 97);
wherein the at least one power detection element (inherently required to provide feedback 348) comprises a photodetector coupled to the single component-side port of the polarization controller, and
wherein the controller in response to signals from the photodetector (i.e. feedback signals) controls at least one electrical control signal (via controller 344) sent to the tunable first and second phase shifters; and
further comprising: a driver (controller 344) for driving the first and second phase shifts of the tunable first and second phase shifters in at least one of a rapid and random fashion so as to produce an optical signal emerging from the polarization-side port of the polarization controller which effectively has a scrambled polarization state (see paragraph 113).
Response to Arguments
Applicant's arguments filed December 11, 2025 have been fully considered but they are not persuasive.
Applicant notes that the final office action has equated the decohering means (15 of Van Thourhout with the claimed “first phase shifter”.
The examiner agrees with this note. Van Thorhout teaches that “the decohering means may comprise a phase modulator adapted for modulating the phase of one of the first mode signal and the second mode signal…” in paragraph 20 and that “the decohering means 15 may comprises a phase modulator, e.g. fabricated on the substrate of the photonic integrated circuit” in paragraph 81 of Van Thorhout. Thus, the decohering means 15 may be a phase shifter, since phase modulators are understood to be phase shifters, thereby meeting the claimed device limitations.
Applicant provides arguments directed to the intended use of the device of Thorhout, with respect to whether or not interference is obtained at the output of the combiner.
In response to applicant's argument that the device of Van Thorhout is used in a different manner, a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
Since the prior art structure meets all of the claimed device limitations as applied, then the structure must necessarily be capable of the same functions and/or intended uses, unless something essential to the present invention is missing from the claims that provides for a use that the prior art device is not capable of.
The examiner notes that: It has been held that “apparatus claims cover what a device is, not what a device does” (Hewlett-Packard Co. v. Bausch & Lomb Inc. 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990)); that a claim containing a “recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus" if the prior art apparatus teaches all of the structural limitations of the claim (Ex parte Masham, 2 USPQ 2d 1647 (Bd. Pat. App. & Inter. 1987)); and that if a prior art structure is capable of performing the intended use as recited in the preamble, then it meets the claim (In re Schreiber, 128 F.3d 1473, 1477, 44 USPQ2d 1429, 1431 (Fed. Cir. 1997)). See MPEP § 2111.02, II and MPEP § 2114, II.
Applicant states that the claim has been amended to require “a well-defined phase relationship”.
The specification does not discuss “a well-defined phase relationship”, and the examiner opines that any phase relationship may be considered well defined. The decohering means may be a phase modulator (i.e. phase shifter), and therefore may provide a well-defined phase relationship.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Wen et al. (JP 2020-170197 A) discloses an integrated device (300) device in Figure 3 comprising a PSR (330), waveguides, phase shifter (340) and combiner (350);
Lin (US 9,915,781) discloses an integrated device including a polarization splitter rotator (combination of Converter and Splitter; see Figure 2), waveguides (121, 122) with a phase shifter, and coupler (132);
Brouckaert et al. (EP 2 924 482 B1) discloses a device in Figure 10 that includes a polarization splitting and rotation section (2,4,6,8), a waveguide section (16) with a phase shifting portion, and a coupler (18);
Madsen (US 7,889,352) discloses a device including a polarization splitter rotator (PBSR), waveguide sections with phase shifters and coupling sections therebetween (see Figures 7 and 8); and
Bhargava et al. (US 2021/0405295 A1) discloses a polarization management device in Figure 8, comprising a PSR (1021), waveguide sections with first and second phase shifters (1027, 1035), a 2x2 coupler (1037), and a feedback control circuit (1015).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHELLE R CONNELLY whose telephone number is (571)272-2345. The examiner can normally be reached Monday-Friday, 9 AM to 5 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Uyen-Chau Le can be reached at 571-272-2397. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHELLE R CONNELLY/Primary Examiner, Art Unit 2874