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 submission filed 01/14/2026 includes changes to the claims, remarks and arguments related to the previous rejection. The above have been entered and considered. Claims 1-20 are currently pending.
Response to Arguments
With regard to the 112(b) rejection:
Applicant’s arguments regarding the clarity of Claim 14 are persuasive where the explanation describes the mode difference between the sensor optical fiber and the delivery optical fiber.
The 112(b) rejection of Claim 14 is withdrawn.
With regard to the 103 rejection:
Applicant has amended Claims 1, 16 & 20 to add a new limitation that requires additional search and consideration.
the optical fiber includes: a core configured to transmit the light; and a clad surrounding the core, a plurality of nano structures are provided in the clad, the plurality of nano structures have solid structures having a refractive index different from a material of the clad, and the plurality of nano structures are configured to promote light leakage and contribute to mode control and attenuation reduction.
Applicant’s arguments and/or amendments with regard to Claims 1-20 have been considered in light of the previous references. The arguments and amended claims do not overcome the prior art at the time of the filing of the invention. Upon further consideration, a new ground(s) of rejection is made in view of a new combination of the prior references of Matsuo and Berger in view of the new reference of Victor.
Specification Objection
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed. This may result in slightly longer titles, but the loss in brevity of title will be more than offset by the gain in its informative value in indexing, classifying, searching, etc. If a satisfactory title is not supplied by the applicant, the Examiner may, at the time of allowance, change the title by an Examiner’s amendment. See MPEP § 1302.04(a).
The following title is suggested: “Optical Fiber Object Detection Device”.
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.
Claims 8-9 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.
Claims 8 & 9 recite limitations where the solid nano particles amended into Claim 1 are not further limited from a solid structure. Claim 8 recites structure that is a tube “cross section perpendicular to a longitudinal direction of the sensor optical fiber”. Claim 9 recites an option of “a tube, or a void” which do not further limit a solid structure.
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 1-3 & 5-7, 10-11 & 15 are rejected under 35 U.S.C. 103 as being unpatentable over Matsuo (JPS6228640: ”Matsuo” translation provided for citations) in view of Berger (US20070065075; “Berger”) and in further view of Victor (US 20160038621: “Victor”).
Claim 1. Matsuo discloses an object detection device (Fig. 8 : detection device )[0001: This invention relates to a light attenuation sensor based on a new principle for detecting the state of an object to be measured by detecting a change in the amount of light passing through an optical fiber 2] comprising: an optical fiber (1 & 2) at least partially including a sensor optical fiber (4) configured to transmit light (5)[0001 pg. 2: The light loss sensor according to the present invention has a detection section formed with a rough surface midway through an optical fiber, a light source for irradiating light is provided at one end of the optical fiber]; and a
light receiving unit (7) configured to receive [0001 pg. 4: reference numeral 7 denotes a photodetector, which may be of various types such as a photoconductive effect type or a photovoltaic effect type. This embodiment operates in the same manner as the embodiment of FIG. 1, but the light emitted from the other end 1B of the optical fiber 1 is detected by a photodetector 7], from the optical fiber (2), the light received (7) by the sensor optical fiber (2) [0001 pg. 6: the comparison amplifier 8 is set so as to give an output whether the output of the photodetector 7 is lower or higher than the reference voltage … the liquid level is adjusted to be at the center of the rough surface 3, and at this time, the comparison amplifier 8 is adjusted so that no output is generated. In this state, if the liquid level rises or falls, the degree of light leakage from the detection unit 4 changes accordingly, the output from the photodetector 7 decreases, an output is generated from the comparison amplifier 8, and the change in the liquid level is notified by the display 10], wherein the object detection device (Fig. 8) is configured to detect an object [0001: FIG. 8 shows another application of the present invention, in which the present invention is used for detecting a liquid level] based on the intensity of light received by the light receiving unit (7)[0001: The photodetector 7 detects the amount of this incident light (e.g. intensity measured by photodetector which measures direct current/voltage proportionality to the number of incident photons, which in turn is related to the light's intensity), and a comparison amplifier 8 outputs the detected amount] & [0001: 7 is a light detector and can use various kinds of things, such as a photoconductive effect form and a photovoltaic effect form (e.g. both measure light intensity)]. Matsuo does not explicitly disclose:
an optical fiber at least partially including a sensor optical fiber configured to transmit light with a loss of 0.3 dB/m or more.
the optical fiber includes: a core configured to transmit the light; and a clad surrounding the core, a plurality of nano structures are provided in the clad, the plurality of nano structures have solid structures having a refractive index different from a material of the clad, and the plurality of nano structures are configured to promote light leakage and contribute to mode control and attenuation reduction.
With regard to 1) Berger teaches, a fiber optic sensor for the detection of an analyte comprises a plurality of optical fibers [0007]. Berger further teaches an optical fiber (Fig. 1: 30) at least partially including a sensor optical fiber (Fig. 1: 13) configured to transmit light with a loss of 0.3 dB/m or more [0080: The means of transmitting light from the pressure sensing component to the light detector preferably comprises an optical fiber possessing an attenuation of less than about 20 decibels/meter… the means of transmitting light from the pressure sensing component to the light detector comprises the flexible thermoplastic aliphatic polyurethane core fiber utilized in the pressure sensing component] detecting an object based on an intensity of the light received by the light receiving unit (PD)[0030: The signal light input is propagated through the optical transmission bodies 31, 32, and 33 and output to the PD array 4. The PD array 4 includes three PDs, receives the signal light output respectively from the optical transmission bodies 31, 32, and 33 at the PDs, and outputs electric current signals of electric current values according to intensity of the received signal light, to the processing device 5] and the optical fiber (30) includes: a core configured to transmit the light [0029].
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use Berger’s sensor optical fiber with the total optical power attenuation of 24.7 dB with Matsuo’s, as modified, sensor optical fiber with attenuation loss because the large range of loss which is transmitted as sensing light improves the range and measuring sensitivity to determine changes in the returned light for determining properties of the monitored object/medium [Berger 0080].
With regard to 2) Victor teaches an AMP central venous catheter (CVC) stylet 30 (Fig. 2). The stylet 30 incorporates a length of plastic optical fiber (PMMA) as a stylet to be inserted into a CVC lumen 32. [0029]. Victor further teaches a clad surrounding the core [0029], a plurality of nano structures are provided in the clad [0029] the plurality of nano structures have solid structures having a refractive index different from a material of the clad, and the plurality of nano structures are configured to promote light leakage and contribute to mode control and attenuation reduction [0029: The addition of optical scattering nano-particles to the clad, and the addition of nano-particles to the PMMA core material may also be used to enhance the efficiency of side emissions by altering the distribution of light within the fiber. Additionally, to compensate for reduced optical power along the fiber length, the emission enhancing process can be varied to achieve uniform irradiation along the entire fiber].
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use Victor’s nano particles within an optical fiber cladding with Matuso’s, as modified, optical fiber cladding because the nano particles improves the efficiency of side emissions by altering the distribution of light within the fiber [Victor 0029].
Claim 2. Dependent on the object detection device according to claim 1. Matsuo further discloses the sensor optical fiber (1&2) includes a core (1), an outer periphery of which is at least partially exposed (4) [0001: The optical fiber 1 was a TLN-101 manufactured by KEL Corporation with a total length L1 = 800 mm, and an exposed portion of L2 = 30 mm was created in the central part. This exposed portion was made into a rough surface 3 using sandpaper to form the detection] & [0001: a portion of the coating 2 of the optical fiber 1 is removed along the axial direction, and only the surface of the exposed optical fiber 1 is made into a rough surface 3, the details of which are shown in Figures 9(a) and (b)].
Claim 3. Dependent on the object detection device according to claim 2. Matsuo further discloses the outer periphery has an uneven structure [0001: the detection part is formed with a rough surface, so the amount of light leaking from this detection part changes depending on the state of the object to be measured that comes into contact with it, i.e., liquid, gas or a solid object placed in close proximity] & [0001 page 2: The relationship between the roughness of the rough surface 3 and the amount of attenuation is shown in FIG. 3 Therefore, the rougher the surface 3, the less the attenuation. However, this is true only up to a certain ratio of the depth of the rough surface 3 to the diameter r of the optical fiber 1]. Matsuo, as modified, does not explicitly disclose:
the uneven structure having a size of 1/100 or more and 1/10 or less of a wavelength of the light received by the light receiving unit.
Matsuo discloses the claimed problem determining the size of roughened uneven structure on the surface of the optical sensing fiber except for the uneven structure having a size of 1/100 or more and 1/10 or less of a wavelength of the light received by the light receiving unit. The courts have held that that where the general consideration of a claim are disclosed in the prior art, discovering the optimum or working ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to determine an optimized range of values for a roughened uneven structure on a sensing surface as Matsuo’s optimized sensor roughened uneven surface because the roughened/uneven surface correlates with a desired attenuation value that optimizes measuring conditions and accuracy for a particular monitored material.
Claim 5. Dependent on the object detection device according to claim 1. Matsuo further discloses the sensor optical fiber (1 & 2) includes a curved portion (Fig. 8: 3 one loop)[0001 pg4: the optical fiber 1 of the detection unit 4 is formed in a coil shape, and this coil shape portion is made into the rough surface 3. In FIG. If the diameter of the coiled portion is R1 and the diameter of the optical fiber 1 is r, there is a relationship between the amount of optical attenuation and the diameter R as shown in FIG. That is, as R increases, the amount of attenuation increases].
Claim 6. Dependent on the object detection device according to claim 5. Matsuo further discloses the embodiment of figure 7 shows one loop (Fig. 8: 3 one loop)[0001 pg4: the optical fiber 1 of the detection unit 4 is formed in a coil shape, and this coil shape portion is made into the rough surface 3. In FIG. If the diameter of the coiled portion is R1 and the diameter of the optical fiber 1 is r, there is a relationship between the amount of optical attenuation and the diameter R as shown in FIG. That is, as R increases, the amount of attenuation increases]. Matsuo Fig. 8 does not explicitly disclose:
the sensor optical fiber includes a plurality of curved portions as the curved portion.
Matsuo’s embodiment of figure 4 shows 2 loops in the deterctor (3) which is a plurality of curved portions [0001 pg 4: FIG. 4 shows another embodiment of the detection unit 4, in which the optical fiber 1 of the detection unit 4 is formed in a coil shape, and this coil shape portion is made into the rough surface 3. In FIG. If the diameter of the coiled portion is R1 and the diameter of the optical fiber 1 is r, there is a relationship between the amount of optical attenuation and the diameter R as shown in FIG. That is, as R increases, the amount of attenuation increases. Also, the smaller the size, the less attenuation there is].
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use Matsuo’s double loop of fig. 4 as Matsuo’s detector surface of Fig. 8 because the arrangement of double loops improves detection sensitivity by providing an attenuation tailoring feature to the detector by adjusting quantitiy of loops and their radii to a particular detection range [Matsuo 0001].
Claim 7. Dependent on the object detection device according to claim 1. Matsuo further discloses a core (2) of the sensor optical fiber (1 & 2) includes an exposed end face (3) intersecting a longitudinal direction (21 with longitudinal level L intersecting the end face) [0001 pg. 6: the operation will be described. For example, the liquid level is adjusted to be at the center of the rough surface 3, and at this time, the comparison amplifier 8 is adjusted so that no output is generated. In this state, if the liquid level rises or falls, the degree of light leakage from the detection unit 4 changes accordingly, the output from the photodetector 7 decreases, an output is generated from the comparison amplifier 8, and the change in the liquid level is notified by the display 10. In this case, it is also possible to display the amount of change in the liquid level. Next, experimental results of the present invention will be described].
Claim 10. Dependent on the object detection device according to claim 1. Matsuo, as modified, does not explicitly disclose:
the sensor optical fiber is a plastic fiber.
Berger teaches, a fiber optic sensor for the detection of an analyte comprises a plurality of optical fibers [0007]. Berger further teaches the sensor optical fiber is a plastic fiber [0080: The means of transmitting light from the pressure sensing component to the light detector preferably comprises an optical fiber possessing an attenuation of less than about 20 decibels/meter… the means of transmitting light from the pressure sensing component to the light detector comprises the flexible thermoplastic aliphatic polyurethane core fiber utilized in the pressure sensing component].
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use Berger’s sensor optical fiber material choice of plastic as Matsuo’s, as modified, sensor optical fiber material because thermoplastic aliphatic polyurethane has a combination of properties in terms of high mechanical, temperature and chemical resistance to perform light transmission and sensing in harsh chemical, thermodynamic and strain environments to be monitored.
Claim 11. Dependent on the object detection device according to claim 1. Matsuo further discloses a light source (5) configured to input test light to one end of the optical fiber (1&2), wherein the light receiving unit (7) is configured to receive the test light output from the other end of the optical fiber (1 & 2)[0001pg. 6: if the liquid level rises or falls, the degree of light leakage from the detection unit 4 changes accordingly, the output from the photodetector 7 decreases, an output is generated from the comparison amplifier 8, and the change in the liquid level is notified by the display 10].
Claim 15. Dependent on the object detection device according to claim 1. Matsuo further discloses the external force acting on the sensor optical fiber (1 & 2) is detected (4) based on the intensity of the light received by the light receiving unit (7) [0001: The photodetector 7 detects the amount of this incident light (e.g. intensity measured by photodetector which measures direct current/voltage proportionality to the number of incident photons, which in turn is related to the light's intensity), and a comparison amplifier 8 outputs the detected amount].
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Matsuo in view of Berger and Victor in further view of Muta (JP 2010151718: “Muta” translation provided for citations).
Claim 4. Dependent on the object detection device according to claim 1. Matsuo further discloses the sensor optical fiber (1 & 2) has a length [0001 pg. 6: The optical fiber 1 was a TLN-101 manufactured by KEL Corporation with a total length L1 = 800 mm, and an exposed portion of L2 = 30 mm was created in the central part]. Matsuo, as modified, does not explictly disclose:
the sensor optical fiber has a length that is ten times or more a wavelength of the light received by the light receiving unit.
Muta teaches the optical fiber is configured such that a coating is provided on the outer periphery of the cladding, and the detection portion formed by cutting out the coating is along the length direction of the optical fiber. A liquid detection sensor using an optical fiber having an arranged configuration is proposed [0009]. Muta further teaches the sensor optical fiber (6) has a length (Fig. 3: each detction cutout is 20mm) that is ten times or more a wavelength of the light [0047: 570 nm, 640 nm, and 950 nm e.g. all in the 100’s of nm range which is over 10,000 times larger] received by the light receiving unit [0047: a detection unit having a length of 20 mm is formed by cutting out. On the other hand, an LED light source having three wavelengths (570 nm, 640 nm, and 950 nm) is used as the light source].
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use Muta’s standard of light sources with wavelengths in the nanometer range with sensor optical fiber in the mm range with Matsuo’s, as modified, sensor optical fiber in the mm range because the sensor optical fiber maximizes transmission of light with a length well in excess of the wavelength of the light transmitted.
Claims 8 & 9 are rejected under 35 U.S.C. 103 as being unpatentable over Matsuo in view of Berger and Victor and in further view of Chen (US 20120123702: “Chen”).
Claims 8 & 9. Dependent on the object detection device according to claim 1. Matsuo, as modified, does not explicitly disclose:
the sensor optical fibers include a plurality of nanostructures each having a cross-sectional diameter of 100 nm or less in a cross section perpendicular to a longitudinal direction of the sensor optical fiber and the nanostructure is a fine particle, a tube, or a void.
Chen discloses a sensor optical fibers (30) include a plurality of nanostructures (voids around 37 Fig. 6b) [0050] each having a cross-sectional diameter of 100 nm or less in a cross section perpendicular to a longitudinal direction of the sensor optical fiber [0045: The cross-sectional size (e.g., diameter) of nano-sized structures (e.g., voids) may vary from 10 nm to 1 .mu.m (for example, 50 nm-500 nm e.g. 10nm-100 nm or less)].
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use Chen’s sensor optical fiber central void nanostructures between 10nm and 100nm with Matsuo’s, as modified, sensor optical fibers because the voids in the central axis of the optical fiber improves light transmission by providing reflective surfaces away from the central conduit to the outer measuring periphery [Chen 0050].
Claims 12-14 are rejected under 35 U.S.C. 103 as being unpatentable over Matsuo in view of Berger and Victor and in further view of Mori (JP 2007071863: “Mori” translation provided for citations).
Claims 12 & 13. Dependent on the object detection device according to claim 1. Matsuo further discloses the optical fiber (1 & 2) includes a section transmission loss of the sensor unit (4) [0001 page3: Light emitted from the light source 5 enters one end 1A of the optical fiber 1, propagates through the optical fiber 1, and leaks out at the rough surface 3].
Matsuo, as modified, does not explicitly disclose:
the optical fiber includes a section having a transmission loss lower than a transmission loss of the sensor unit and the optical fiber includes a section having an effective relative refractive-index difference larger than an effective relative refractive-index difference of the sensor unit.
Mori teaches optical sensor and a fluid measurement method having a simple configuration that utilizes differences in the refractive index of the fluid to be measured to distinguish the fluid to be measured, detect air bubbles, detect physical properties [0001]. Mori further teaches the optical fiber (Fig. 2b: 1 optical fiber) includes a section having a transmission loss lower [0035: Light L incident on the boundary surface 4 at an incidence angle θ<sub>3</sub> smaller than the critical angle θ<sub>2</sub> does not transmit into the cladding 3 and is totally reflected at the boundary surface 4] than a transmission loss of the sensor unit (Fig. 2b: 5 sensing part) [0077: light is reflected at the bending deformation section 5b into the
optical path of the relay optical fiber 16, propagates through the optical path of the relay
optical fiber 15, and reaches the bending deformation section 5c. Due to the deformation of the optical path at the bending deformation portion 5c, a portion of the light is partially emitted from the bending deformation portion 5c into the air or liquid,] and the optical fiber (Fig. 2b: 1 optical fiber) includes a section having an effective relative refractive-index difference larger than an effective relative refractive-index difference of the sensor unit (Fig. 2b: 5 sensing part) [0041: A part of the light L that reaches the bending deformation portion 5 is incident on the boundary surface 9 at an approach angle θ3' that is smaller than the critical angle θ2', and is totally reflected at the boundary surface 9. The totally reflected light propagates through the optical path of the light-receiving optical fiber 7 as reflected light L1] & [0034].
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use Mori’s light transmission refractive angles and calculated loss/ transmission values into the monitored object to optimize Matsuo’s light transmission path to a simplifed structure with efficient loss/transmission and angle of light in the sensor unit out to the optically monitored object [Mori 0011].
Claim 14. Dependent on the object detection device according to claim 12. Matsuo, as modified, does not explicitly disclose:
comprising a light source configured to input test light to the optical fiber wavelength of the light received by the light receiving unit, the sensor optical fiber is a single-mode optical fiber, and the delivery optical fiber interposed between the light source and the sensor optical fiber is a multi-mode optical fiber.
Berger teaches, a fiber optic sensor for the detection of an analyte comprises a plurality of optical fibers [0007]. Berger further teaches comprising a light source (Fig. 3b: 111) configured to input test light to the optical fiber (Fig. 3b: 141 then 30) wavelength of the light received by the light receiving unit (121) the sensor optical fiber (Fig.3b: 30) is a single-mode optical fiber (Fig. 3b 30), and the delivery optical fiber (141) interposed between the light source (110) and the sensor optical fiber (30) is a multi-mode optical fiber [0043].
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use Berger’s multi mode delivery optical fiber to switch with Matsuo’s, as modified, optical fiber sensor because numerous properties of a monitored object can be efficiently and compactly performed [Berger 0066].
Claims 16-17 & 20 are rejected under 35 U.S.C. 103 as being unpatentable over Matsuo (JPS6228640: ”Matsuo” translation provided for citations) in view of Victor (US 20160038621: “Victor”).
Claim 16. Matsuo discloses an object detection device (Fig. 8: detection device )[0001: This invention relates to a light attenuation sensor based on a new principle for detecting the state of an object to be measured by detecting a change in the amount of light passing through an optical fiber 2] comprising: an optical fiber (1 & 2) including a sensor unit (4) to which light is input (5) from an outer periphery (3) thereof )[0001 pg. 2: The light loss sensor according to the present invention has a detection section formed with a rough surface midway through an optical fiber, a light source for irradiating light is provided at one end of the optical fiber]; and a light receiving unit (7) configured to receive [0001 pg. 4: reference numeral 7 denotes a photodetector, which may be of various types such as a photoconductive effect type or a photovoltaic effect type. This embodiment operates in the same manner as the embodiment of FIG. 1, but the light emitted from the other end 1B of the optical fiber 1 is detected by a photodetector 7], from the optical fiber (1 & 2), the light input to the sensor unit (4) [0001 pg. 6: the comparison amplifier 8 is set so as to give an output whether the output of the photodetector 7 is lower or higher than the reference voltage … the liquid level is adjusted to be at the center of the rough surface 3, and at this time, the comparison amplifier 8 is adjusted so that no output is generated. In this state, if the liquid level rises or falls, the degree of light leakage from the detection unit 4 changes accordingly, the output from the photodetector 7 decreases, an output is generated from the comparison amplifier 8, and the change in the liquid level is notified by the display 10], wherein the object detection device (Fig. 8) is configured to detect an object [0001: FIG. 8 shows another application of the present invention, in which the present invention is used for detecting a liquid level] based on the light received by the light receiving unit (7)[0001: The photodetector 7 detects the amount of this incident light (e.g. intensity measured by photodetector which measures direct current/voltage proportionality to the number of incident photons, which in turn is related to the light's intensity), and a comparison amplifier 8 outputs the detected amount] based on the intensity of light received by the light receiving unit (7)[0001: The photodetector 7 detects the amount of this incident light (e.g. intensity measured by photodetector which measures direct current/voltage proportionality to the number of incident photons, which in turn is related to the light's intensity), and a comparison amplifier 8 outputs the detected amount] & [0001: 7 is a light detector and can use various kinds of things, such as a photoconductive effect form and a photovoltaic effect form (e.g. both measure light intensity)]. Matsuo does not explicitly disclose:
the optical fiber includes: a core configured to transmit the light; and a clad surrounding the core, a plurality of nano structures are provided in the clad, the plurality of nano structures have solid structures having a refractive index different from a material of the clad, and the plurality of nano structures are configured to promote light leakage and contribute to mode control and attenuation reduction.
Victor teaches an AMP central venous catheter (CVC) stylet 30 (Fig. 2). The stylet 30
incorporates a length of plastic optical fiber (PMMA) as a stylet to be inserted into a CVC lumen 32. [0029]. Victor further teaches a clad surrounding the core [0029], a plurality of nano structures are provided in the clad [0029] the plurality of nano structures have solid structures having a refractive index different from a material of the clad, and the plurality of nano structures are configured to promote light leakage and contribute to mode control and attenuation reduction [0029: The addition of optical scattering nano-particles to the clad, and the addition of nano-particles to the PMMA core material may also be used to enhance the efficiency of side emissions by altering the distribution of light within the fiber. Additionally, to compensate for reduced optical power along the fiber length, the emission enhancing process can be varied to achieve uniform irradiation along the entire fiber].
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use Victor’s nano particles within an optical fiber cladding with Matuso’s, as modified, optical fiber cladding because the nano particles improves the efficiency of side emissions by altering the distribution of light within the fiber [Victor 0029].
Claim 17. Dependent on the object detection device according to claim 16. Matsuo further discloses the sensor unit (4) includes a core (1) [0001Pg 2. FIG. 1 is a diagram showing the configuration of one embodiment of the present invention. In this figure, reference numeral 1 denotes an optical fiber having a coating 2, and the coating 2 is removed at one end IA, the other end IB and an intermediate portion 1C. The coating 2 on both ends IA and IB is removed in order to facilitate the incidence and emission of light, but is not essential. The optical fiber 1 in the intermediate portion 1C has rough surfaces 3 formed on both sides thereof, which serve as a detection portion 4], an outer periphery (3) of which is at least partially exposed (3) [0001 pg. 2: The light loss sensor according to the present invention has a detection section formed with a rough surface midway through an optical fiber, a light source for irradiating light is provided at one end of the optical fiber].
Claim 20. Matsuo discloses an object detection device (Fig. 8 : detection device )[0001: This invention relates to a light attenuation sensor based on a new principle for detecting the state of an object to be measured by detecting a change in the amount of light passing through an optical fiber 2] comprising: an optical fiber (1 & 2) including a core (1), an outer periphery (3) of which is partially exposed [0001 pg. 2: The light loss sensor according to the present invention has a detection section formed with a rough surface midway through an optical fiber, a light source for irradiating light is provided at one end of the optical fiber]; and a light receiving unit (7) configured to receive from the optical fiber light [0001 pg. 4: reference numeral 7 denotes a photodetector, which may be of various types such as a photoconductive effect type or a photovoltaic effect type. This embodiment operates in the same manner as the embodiment of FIG. 1, but the light emitted from the other end 1B of the optical fiber 1 is detected by a photodetector 7], input from the outer periphery (3) [0001 pg. 6: the comparison amplifier 8 is set so as to give an output whether the output of the photodetector 7 is lower or higher than the reference voltage … the liquid level is adjusted to be at the center of the rough surface 3, and at this time, the comparison amplifier 8 is adjusted so that no output is generated. In this state, if the liquid level rises or falls, the degree of light leakage from the detection unit 4 changes accordingly, the output from the photodetector 7 decreases, an output is generated from the comparison amplifier 8, and the change in the liquid level is notified by the display 10], wherein the object detection device (Fig. 8) is configured to detect an object (21 level L) [0001: FIG. 8 shows another application of the present invention, in which the present invention is used for detecting a liquid level] based on the light received by the light receiving unit (7)[0001: The photodetector 7 detects the amount of this incident light (e.g. intensity measured by photodetector which measures direct current/voltage proportionality to the number of incident photons, which in turn is related to the light's intensity), and a comparison amplifier 8 outputs the detected amount based on the intensity of light received by the light receiving unit (7)[0001: The photodetector 7 detects the amount of this incident light (e.g. intensity measured by photodetector which measures direct current/voltage proportionality to the number of incident photons, which in turn is related to the light's intensity), and a comparison amplifier 8 outputs the detected amount] & [0001: 7 is a light detector and can use various kinds of things, such as a photoconductive effect form and a photovoltaic effect form (e.g. both measure light intensity)]. Matsuo does not explicitly disclose:
the optical fiber includes: a core configured to transmit the light; and a clad surrounding the core, a plurality of nano structures are provided in the clad, the plurality of nano structures have solid structures having a refractive index different from a material of the clad, and the plurality of nano structures are configured to promote light leakage and contribute to mode control and attenuation reduction.
Victor teaches an AMP central venous catheter (CVC) stylet 30 (Fig. 2). The stylet 30
incorporates a length of plastic optical fiber (PMMA) as a stylet to be inserted into a CVC lumen 32. [0029]. Victor further teaches a clad surrounding the core [0029], a plurality of nano structures are provided in the clad [0029] the plurality of nano structures have solid structures having a refractive index different from a material of the clad, and the plurality of nano structures are configured to promote light leakage and contribute to mode control and attenuation reduction [0029: The addition of optical scattering nano-particles to the clad, and the addition of nano-particles to the PMMA core material may also be used to enhance the efficiency of side emissions by altering the distribution of light within the fiber. Additionally, to compensate for reduced optical power along the fiber length, the emission enhancing process can be varied to achieve uniform irradiation along the entire fiber].
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use Victor’s nano particles within an optical fiber cladding with Matuso’s, as modified, optical fiber cladding because the nano particles improves the efficiency of side emissions by altering the distribution of light within the fiber [Victor 0029].
Claims 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Matsuo in view of Victor and in further view of Mori (JP 2007071863: “Mori” translation provided for citations).
Claims 18 & 19. Dependent on the object detection device according to claim 16. Matsuo further discloses the optical fiber (1 & 2) includes a section transmission loss of the sensor unit (4)[0001 page3: Light emitted from the light source 5 enters one end 1A of the optical fiber 1, propagates through the optical fiber 1, and leaks out at the rough surface 3].
Matsuo, as modified, does not explicitly disclose:
the optical fiber includes a section having a transmission loss lower than a transmission loss of the sensor unit and the optical fiber includes a section having an effective relative refractive-index difference larger than an effective relative refractive-index difference of the sensor unit.
Mori teaches optical sensor and a fluid measurement method having a simple configuration that utilizes differences in the refractive index of the fluid to be measured to distinguish the fluid to be measured, detect air bubbles, detect physical properties [0001]. Mori further teaches the optical fiber (Fig. 2b: 1 optical fiber) includes a section having a transmission loss lower [0035: Light L incident on the boundary surface 4 at an incidence angle θ<sub>3</sub> smaller than the critical angle θ<sub>2</sub> does not transmit into the cladding 3 and is totally reflected at the boundary surface 4] than a transmission loss of the sensor unit (Fig. 2b: 5 sensing part) [0077: light is reflected at the bending deformation section 5b into the
optical path of the relay optical fiber 16, propagates through the optical path of the relay
optical fiber 15, and reaches the bending deformation section 5c. Due to the deformation of the optical path at the bending deformation portion 5c, a portion of
the light is partially emitted from the bending deformation portion 5c into the air or liquid,] and the optical fiber (Fig. 2b: 1 optical fiber) includes a section having an effective relative refractive-index difference larger than an effective relative refractive-index difference of the sensor unit (Fig. 2b: 5 sensing part) [0041: A part of the light L that reaches the bending deformation portion 5 is incident on the boundary surface 9 at an approach angle θ3' that is smaller than the critical angle θ2', and is totally reflected at the boundary surface 9. The totally reflected light propagates through the optical path of the light-receiving optical fiber 7 as reflected light L1] & [0034].
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use Mori’s light transmission refractive angles and calculated loss/ transmission values into the monitored object to optimize Matsuo’s light transmission path to a simplifed structure with efficient loss/transmission and angle of light in the sensor unit out to the optically monitored object [Mori 0011].
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.
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/MONICA S YOUNG/Examiner, Art Unit 2855
/PETER J MACCHIAROLO/Supervisory Patent Examiner, Art Unit 2855