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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS), submitted on 01/11/2024, is in compliance with the provisions of 37 CFR 1.97. Accordingly, the IDS is being considered by the examiner.
Claim Objections
Claim 3 objected to because of the following informalities:
“in response to feedback-control” should read “in response to the feedback-control” lines 6-7, see claim 5 line 4
. Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
Note: start of preamble is considered line 1 for each claim.
Claim 1 is interpreted under 35 U.S.C. 112(f). “transmission characteristics adjustment means” in lines 5-6 + lines 7-8 + lines 12-13 is interpreted to be the portions of the drive unit 50 that control respective ring resonator heaters H1-H2 in instant application fig. 5. “control means” in lines 7 + 11 is interpreted to be light source control unit 40 in fig. 5. “wavelength detection means” in lines 9 + 13-14 is interpreted to be wavelength detection unit 32 in fig. 5.
Claims 2-8 are interpreted under 35 U.S.C. 112(f) in the same manner.
Claims 6-7 are further interpreted under 35 U.S.C. 112(f) due to “detection means” in lines 7 + 10 (claim 6) and line 3 (claim 7). “Detection means” is interpreted to be the signals PD1+PD2 and the associated ratio calculator.
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.
Claim 1, 3, 8-9 (and 2, 4-7 via dependency) 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.
Claim 1 indefinite due to “a wavelength of the light transmitted by the wavelength filter” in lines 9-10. A wavelength of light transmitted by the wavelength filter is already introduced in lines 3-4. It is unclear whether a new wavelength is being introduced or if reference is being made to the previously introduced wavelength. Examiner interprets waveguide in lines 9-10 to be reference to wavelength in lines 3-4.
Claim 3 indefinite due to “an optical waveguide” in line 4. An optical waveguide already introduced in claim 2 line 3. It is unclear whether a new optical waveguide is being introduced or if reference is being made to the previously introduced optical waveguide. Examiner interprets the optical waveguide in claim 3 line 4 to be two separate optical waveguides, one each for the first resonator and second resonator. Examiner interprets these two separate optical waveguides to be included within the optical waveguide from claim 2 line 3.
Claim 8 rejected for the reasons outlined in the rejection of claim 1.
Claim 9 recites the limitation "the adjustment of transmission characteristics" in line 6. There is insufficient antecedent basis for this limitation in the claim.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
References to controller 34 outside of claim 6 + 7 rejections exclude the portion of 34 that calculates 40A/B ratio.
Claim(s) 1-5, 9 is/are rejected under 35 U.S.C. 102a1/2 as being anticipated by Takabayashi/”Taka” (US-20160156149-A1).
Regarding claim 1, Taka discloses a wavelength-tunable light source device (fig. 14, 0031) comprising: a light source configured to output a light (figs. 13a-b + 14 light source 4x+5+4 (6) configured to output light, 0084-0087); a wavelength filter configured to transmit a light having a wavelength being a part of a wavelength included in the light output from the light source (wavelength filter 3 transmits light having wavelength included in light output from 6, transmitted light interpreted to be light that enters both ring resonators 1 and 2 and returns to 6, not THROUGH light to 37, 0072-0075); transmission characteristics adjustment means capable of adjusting transmission characteristics of the wavelength filter (transmission characteristics adjustment means 31 and 32 adjust filter characteristics, 0093, 0097); control means for controlling the transmission characteristics adjustment means (control means 34 (except portion of 34 that calculates 40A/B ratio) controls 31 + 32, 0097); and wavelength detection means for detecting a wavelength of the light transmitted by the wavelength filter (wavelength detection means 33 detects wavelength of light transmitted by 3 based on photodiode 40A/B ratio, 0096-0097, see instant application pg. 7 – pg. 9), wherein the control means feedback-controls adjustment of the transmission characteristics of the wavelength filter in the transmission characteristics adjustment means to cause the wavelength detected by the wavelength detection means to be a value within a predetermined range including a target wavelength (34 feedback-controls transmission of 3 in 31+32 to cause wavelength to be within predetermined range including target, 0096-0098).
Regarding claim 2, Taka discloses the wavelength-tunable light source device according to claim 1, wherein the wavelength filter comprises an optical waveguide guiding the light output from the light source (3 comprises optical waveguide (entire waveguide structure in box 3 including waveguides within ring resonators) guiding light output from 6, 0069-0073), and the transmission characteristics adjustment means adjusts a refractive index of the optical waveguide to adjust the transmission characteristics of the wavelength filter (31 + 32 adjusts refractive index of waveguide in 3 to adjust transmission characteristics of 3, 0070, 0096-0098).
Regarding claim 3, Taka discloses the wavelength-tunable light source device according to claim 2, wherein the wavelength filter comprises a first ring resonator and a second ring resonator each including an optical waveguide guiding the light from the light source (3 includes first ring resonator 1 and second ring resonator 2, each include optical waveguide guiding light from 6, 0072); the transmission characteristics adjustment means, in response to feedback-control performed by the control means provides a first drive signal to the first ring resonator to adjust a refractive index of the optical waveguide forming the first ring resonator (31+32, in response to feedback-control performed by 34, provides first drive signal (31 to heater on 1) to adjust refractive index of 1 waveguide, 0038, 0097) and provides a second drive signal to the second ring resonator to adjust a refractive index of the optical waveguide forming the second ring resonator (second signal 32 to heater on 2 to adjust refractive index of 2 waveguide).
Regarding claim 4, Taka discloses the wavelength-tunable light source device according to claim 3, wherein first and second heaters are provided to the first and second ring resonators (1 and 2 both have heaters, 0070, 0097), respectively, and the transmission characteristics adjustment means adjusts power supplied to the first and second heaters by the first and second drive signals (31+32 adjusts power to 1 + 2 heaters by first and second drive signals, 0093, 0097).
Regarding claim 5, Taka discloses the wavelength-tunable light source device according to claim 4, wherein the control means can feedforward-control the transmission characteristics adjustment means prior to the feedback-control (34 feedforward-control of 31+32 prior to feedback, 0098), in the feedforward-control, the control means can receive a wavelength instruction specifying the target wavelength (34 sets 31+32 based on desired wavelength from table), holds table information indicating a relation between power values supplied to the first and second heaters by the first and second drive signals, and a wavelength of the light transmitted by the wavelength filter in advance (table contains information indicating relation between heater power values and wavelength), and controls the transmission characteristics adjustment means to respectively supply the first and second drive signals having the power obtained by comparing the target wavelength with the table information to the first and second heaters (34 controls 31+32 to supply drive signals to obtain target wavelength based on table).
Regarding claim 9, Taka discloses a wavelength control method (fig. 14, 0031) comprising: by a wavelength filter, transmitting a light having a wavelength being a part of a wavelength included in a light output from a light source (by wavelength filter 3, transmit light having wavelength included in light output from 6, transmitted light interpreted to be light that enters both ring resonators 1 and 2 and returns to 6, not THROUGH light to 37, 0072-0075, 0084-0087); detecting a wavelength of the light transmitted by the wavelength filter (wavelength detection 33 detects wavelength of light transmitted by 3 based on photodiode 40A/B ratio, 0096-0097, see instant application pg. 7 – pg. 9); and feedback-controlling the adjustment of transmission characteristics of the wavelength filter to cause the detected wavelength to be a value within a predetermined range including a target wavelength (34 feedback-controls transmission of 3 in 31+32 to cause wavelength to be within predetermined range including target, 0096-0098).
Claim Rejections - 35 USC § 103
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 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 6-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Taka in view of Trinh (US-20020149780-A1).
Regarding claim 6, Taka discloses the wavelength-tunable light source device according to claim 1, wherein the wavelength detection means comprises: a detection wavelength filter having predetermined transmission characteristics (detection wavelength filter 38B+39 has predetermined transmission characteristics, 0095), the light transmitted by the wavelength filter is input to the detection wavelength filter ((light that returns to 6 from 3) input to 38B+39); and detection means for detecting the wavelength of the light transmitted by the wavelength filter (detection means = 40a+b+portion of 34 that detects wavelength from ratio, 0096-0097), based on the light transmitted by the wavelength filter and a light transmitted by the detection wavelength filter (based on light that returns to 6 from 3 (light incident on 40A) and light transmitted by 38B+39 (light incident on 40B)), the detection means calculates an input/output ratio that is a ratio of power of the light transmitted by the detection wavelength filter to power of the light transmitted by the wavelength filter that is input to the detection wavelength filter (40A+B+portion of 34 calculates ratio of power of light transmitted by 38B+39 (to 40B) to power of light transmitted by 3 and input to 38B+39 (to 40A)).
Taka does not explicitly disclose the detection means detects the wavelength of the light transmitted by the wavelength filter in response to the calculated input/output ratio.
Trinh discloses a device for measuring wavelength of an electromagnetic signal where the wavelength is determined based on a ratio of two separate photodetector outputs (figs. 1+4 photodetectors 15 + 16, 0084).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the detection means also detect the wavelength of the light transmitted by the wavelength filter in response to the calculated input/output ratio to provide an immediate reading of the output wavelength + a backup reference in addition to the wavelength vs. heater current relationship table.
Regarding claim 7, modified Taka discloses the wavelength-tunable light source device according to claim 6.
Modified Taka does not disclose wherein the detection means holds table information indicating a correspondence relation between the input/output ratio and the wavelength of the light transmitted by the wavelength filter in advance, and compares the calculated input/output ratio with the table information to detect the wavelength of the light transmitted by the wavelength filter.
Modified Taka discloses using a table created in advance for a relationship between heater
current and wavelength (0098), and determining wavelength based on input/output ratio (claim 6 modification).
It would have been obvious to one of ordinary skill in the art before the effective filing date of
the claimed invention to include a relation between ratio and wavelength in the disclosed table, and use it to determine wavelength based on the calculated ratio to reduce wavelength detection time/increase execution speed.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Taka in view of Sugiyama (US-20180183517-A1).
Regarding claim 8, Taka discloses an optical transceiver comprising: a wavelength-tunable light source device (fig. 14, 0031); wherein the wavelength-tunable light source device comprises: a light source configured to output a light (figs. 13a-b + 14 light source 4x+5+4 (6) configured to output light, 0084-0087); a wavelength filter configured to transmit a light having a wavelength being a part of a wavelength included in the light output from the light source (wavelength filter 3 transmits light having wavelength included in light output from 6, transmitted light interpreted to be light that enters both ring resonators 1 and 2 and returns to 6, not THROUGH light to 37, 0072-0075); transmission characteristics adjustment means capable of adjusting transmission characteristics of the wavelength filter (transmission characteristics adjustment means 31 and 32 adjust filter characteristics, 0093, 0097); control means for controlling the transmission characteristics adjustment means (control means 34 controls 31 + 32, 0097); and wavelength detection means for detecting a wavelength of the light transmitted by the wavelength filter (wavelength detection means 33 detects wavelength of light transmitted by 3 based on photodiode 40A/B ratio, 0096-0097, see instant application pg. 7 – pg. 9), and the control means feedback-controls adjustment of the transmission characteristics of the wavelength filter in the transmission characteristics adjustment means to cause the wavelength detected by the wavelength detection means to be a value within a predetermined range including a target wavelength (34 feedback-controls transmission of 3 in 31+32 to cause wavelength to be within predetermined range including target, 0096-0098).
Taka does not disclose an optical modulator configured to output an optical signal generated by modulating a light output from the wavelength-tunable light source device.
Sugiyama discloses an optical modulator used to output an optical signal generated by modulating an output from a wavelength-tunable light source (fig. 9 modulator 3 modulates + outputs signal from light source 10, 0050).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have an optical modulator configured to output an optical signal generated by modulating a light output from the wavelength-tunable light source device to allow for modulation of the light from the wavelength-tunable light source device (Sugiyama 0050) and increase applicability/usefulness of device.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
JP-2019087572-A
US-20150155679-A1
JP-6588851-B2.
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/A.E./Examiner, Art Unit 2828 /MINSUN O HARVEY/Supervisory Patent Examiner, Art Unit 2828
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