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 .
Response to Amendment
Applicant’s Amendment filed May 8, 2026 has been fully considered and entered.
Response to Arguments
Applicant’s arguments with respect to the pending claims have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Objections
Claim 1 is objected to because of the following informalities:
Regarding claim 1; “to possesses” should be – to possess—in line 14 of claim 1.
Appropriate correction is required.
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 has been amended to state that “the first phase shifter is configured to possesses a first phase shift for producing a phase different between first optical signals emerging from the first phase shifter along the first waveguide and second optical signals traversing the second waveguide based on a polarization of polarized optical signals traversing the polarization-side port, and which enables mutual interference between the first and second optical signals” in 14-19 of the claim.
The phase shifter, however, does not possess a phase shift. Possess, as reasonably understood by a person of ordinary skill, means to have or own something, or to have a particular quality. The phase shifter itself does not have a phase shift. The phase shifter is configured for imparting a phase, but does not possess the phase. The optical signal that traverses the phase shifter possesses a phase shift imparted to the optical signal by the phase shifter. The specification discloses that the phase shifter may be a passive element (see paragraph 43 of the specification), which the examiner presumes is an element such as an extended length of waveguide or birefringent crystal, wherein these elements provide a phase shift to light passing therethrough that correlates with the optical path length traversed. The phase shifter may also be a tunable element (i.e. active element; see paragraph 44 of the specification) including thermo-optic, electro-optic, carrier injection, carrier depletion, liquid crystal, or MEMS, which adjust a refractive index of the medium and/or optical path length that the optical signal traverses, and wherein these elements provide a phase shift to the light passing therethrough such that the light possesses the phase shift. Therefore, the use of the to possess / possesses language of claim 1 is confusing and indefinite.
Regarding claim 4; the claim recites the limitation “wherein the first phase shift possessed by the first shifter” in lines 1-2 of the claim. As explained above with respect to claim 1, the phase shifter does not possess a phase shift. The optical signal that has traversed the phase shifter possess a phase shift. Clarification is required.
Regarding claim 5; the claim recites the limitation “wherein the first phase shift possessed by the first shifter” in lines 1-2 of the claim. As explained above with respect to claim 1, the phase shifter does not possess a phase shift. The optical signal that has traversed the phase shifter possess a phase shift. Claim 5 is further problematic because the claim states that “the first phase shift possessed by the first phase shifter produces said phase difference such that said polarized optical signals emerging from the polarization-side port of the polarization controller have a selected polarization state.” However, the polarization splitter rotator (PSR) determines the polarization of the light on each of the first and second waveguides, which is the polarization of light output by the device, not the phase shifter. The phase shifter does not control polarization. Clarification is required.
Regarding claim 7; the claim recites the limitation “wherein the first phase shift possessed by the first shifter” in lines 6-7 of the claim. As explained above with respect to claim 1, the phase shifter does not possess a phase shift. The optical signal that has traversed the phase shifter possess a phase shift. Clarification is required.
Regarding claim 8; the claim recites “the third” in line 4 of the claim. To provide proper antecedent basis, “the third” should be – the third waveguide--. Additionally, claim 8 recites “a second phase shifter coupled along the third configured to possess a second phase shift” in lines 4-5 of the claim. As explained above with respect to claim 1, a phase shifter does not possess a phase shift. The optical signal that has traversed the phase shifter possess a phase shift. Clarification is required.
Regarding claim 11; the claim recites “the first and second phase shifts possessed by the first and second phase shifters” in lines 1-2 of the claim. As explained above with respect to claim 1, phase shifters do not possess a phase shift. The optical signals that have traversed the phase shifters possess a phase shift. Clarification is required.
Regarding claim 12; the claim recites “the first and second phase shifts possessed by the first and second phase shifters” in lines 1-2 of the claim. As explained above with respect to claim 1, phase shifters do not possess a phase shift. The optical signals that have traversed the phase shifters possess a phase shift. Claim 12 is further problematic because the claim states that “the first and second phase shifts possessed by the first and second phase shifters produces said phase difference such that the polarized optical signals emerging from the polarization-side port of the polarization controller have a selected polarization state.” However, the polarization splitter rotator (PSR) determines the polarization of the light on each of the first and second waveguides, which is the polarization of light output by the device, not the phase shifter. The phase shifter does not control polarization. Clarification is required.
Regarding claim 19; the claim recites “a driver for driving the first and second phase shifts of the tunable first and second phase shifters” in line 2 of the claim. This limitation is confusing because the driver applies driving signals to the first and second phase shifters to adjust the refractive index and/or optical path length of the phase shifters. The driver does not directly drive the first and second phase shifts. Clarification is required.
Regarding claims 4-8, 11-16, and 19; the claims inherently contain the deficiencies of any base and/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, 4-8, 11-16, and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bhargava et al. (US 2021/0405295 A1).
Regarding claims 1, 4-8, 11-16, and 19; An integrated photonics system (1000; see Figure 10B) comprising:
a photonics chip (silicon Chip; see Figure 10B) including a polarization controller (polarization controller 1003) having a single polarization-side port (1003A) and a single component-side port (1003B), the polarization controller (1003) comprising:
a polarization splitter rotator (PSR) (PSR 1021) including a first (1021A), a second (1021C), and a third port (1021B), the PSR (1021) coupled via its first port (1021A), over the polarization-side port (1003A);
a first set of waveguides (optical waveguides 1023 and 1025) including a first waveguide (1025) and a second waveguide (1025) coupled respectively to the second (1021C) and third ports (1021B) of the PSR (1021);
a first phase shifter (1027) coupled along the first waveguide (1025) of the first set of waveguides (1023, 1025); and
an integrated 2:1 splitter (1027; the examiner notes that the 2 x 2 splitter 1037 is configured as a 2:1 splitter; see Figure 10B) including a first set of ports (1037A, 1037B) and a second port (1037C), the integrated 2:1 splitter (1037) coupled to the PSR (1021) via its first set of ports (1037A, 1037B) and over the first set of waveguides (1023, 1025), and coupled via its second port (1037C), over the single component-side port (1003B) of the polarization controller (1003),
wherein the first phase shifter (1027) is configured to possess a first phase shift (Δθ1) for producing a phase difference between first optical signals emerging from the first phase shifter along the first waveguide (1025) and second optical signals traversing the second waveguide (1023) based on a polarization of polarized optical signals traversing the polarization-side port (1003A), and which enables mutual interference between said first and second optical signals (1037 may be an MMI, multi-mode Interference coupler; see paragraph 146);
wherein the first phase shift possessed by the first phase shifter (1027) produces said phase difference such that said first and second optical signals entering the first set of ports (1037A, 1037B) of the integrated 2:1 splitter are in phase, optimizing a power of optical signals emerging from the single component-side port of the polarization controller (the optical transmission power through the optical output port 1037C of the splitter 1037);
wherein the first phase shift possessed by the first phase shifter (1027) produces said phase difference such that said polarized optical signals emerging from the polarization-side port of the polarization controller have a selected polarization state;
wherein the first phase shifter is tunable (see paragraph 142);
further comprising:
a controller (feedback circuitry 1014; see paragraph 148; see Figure 10B); and
at least one power detection element (PD 1019) coupled along the single component-side port (1003B) of the polarization controller (1003), wherein the controller (1014), the at least one power detection element (1019), and the tunable first phase shifter (1027) are comprised in a feedback loop for tuning the first phase shift possessed by the first phase shifter;
further comprising:
a second set of waveguides (1033, 1031), including a third (1033) and a fourth (1031) waveguide, coupled to the first set of ports (1037A, 1037B) of the integrated 2:1 splitter (1037);
a second phase shifter (1035) coupled along the third waveguide (1033) configured to possess a second phase shift; and
a 2:2 splitter (1029) including a first set of ports (1029A, 1029B) and a second set of ports (1029C, 1029D), the 2:2 splitter (1029) coupled via its first set of ports (1029A, 1029B) to the first set of waveguides (1025, 1023) and coupled via its second set of ports (1029C, 1029D) to the second set of waveguides (1033, 1031), the 2:2 splitter (1029) coupled over the first set of waveguides (1025, 1023) to the PSR (1021) and coupled over the second set of waveguides (1033, 1031) to the integrated 2:1 splitter (1037);
wherein the first and second phase shifts possessed by the first and second phase shifters (1027, 1035) produces said phase difference which optimizes optical signals emerging from the single component-side port of the polarization controller (1003; optimize power, see paragraph 148);
wherein the first and second phase shifts possessed by the first and second phase shifters (1027, 1035) produces said phase difference such that said polarized optical signals emerging from the polarization-side port of the polarization controller have a selected polarization state;
wherein the first and second phase shifters (1027, 1035) are tunable (see paragraphs 142 and 147);
further comprising:
a controller (feedback circuitry 1014; see paragraph 148; see Figure 10B); and
at least one power detection element (PD 1019) coupled along the single component-side port (1003B) of the polarization controller (1003),
wherein the controller (1014), the at least one power detection element (1019), and the tunable first and second phase shifters (1027, 1035) are comprised in a feedback loop for tuning the first and second phase shifts of the tunable first and second phase shifters (1027, 1035);
wherein the at least one power detection element (PD 1019) comprises at least one photodetector coupled via a tap (1017) to the single component-side port (1003B) of the polarization controller (1003), and wherein the controller (1015) in response to signals from the at least one photodetector (1019) controls at least one electrical control signal (electrical control signals are inherently required for electro-optic control; see paragraphs 142 and 147) sent to the tunable first and second phase shifters (1027, 1035);
wherein the at least one power detection element (1019) comprises a photodetector (PD) coupled to the single component-side port (1003B) of the polarization controller (1003), and wherein the controller (1015) in response to signals from the photodetector (1019, PD) controls at least one electrical control signal (electrical control signals are inherently required for electro-optic control; see paragraphs 142 and 147) sent to the tunable first and second phase shifters (1027, 1035);
further comprising:
a driver (1015) for driving the first and second phase shifts of the tunable first and second phase shifters (1027, 1035) in at least one of a rapid and random fashion so as to produce said polarized optical signals emerging from the polarization-side port (1003B) of the polarization controller (1003) which effectively has a scrambled polarization state.
Additionally regarding claim 19; the examiner notes that “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 said polarized optical signals emerging from the polarization-side port of the polarization controller which effectively has a scrambled polarization state" 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.
Conclusion
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 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
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