DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Notice of Pre-AIA or AIA Status
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 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.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 4/30/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements have been considered by the examiner.
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, 7, 9-16 and 18-28 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 pre-AIA the applicant regards as the invention.
Regarding Claim 1, cited term of “substantially parallel planes” (line 6) is vague and renders the claims indefinite. The term of “substantially parallel” does not define a range/scope of the plane parallelism. It is not defined in instant specification disclosure and does not provide a standard for ascertaining the requisite degree, further one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Claims 2-4, 7, 9-16 and 18-22 are rejected as containing the deficiencies of claim 1 through their dependency from claim 1.
Claim 23 has same undefined issue as that of claim 1 in line 10.
Claims 24-25 are rejected as containing the deficiencies of claim 23 through their dependency from claim 23.
Claim 26 has same undefined issue as that of claim 1 in line 10.
Claims 27-28 are rejected as containing the deficiencies of claim 26 through their dependency from claim 26.
Therefore proper amendments are required in order to clarify the scopes of the claims and overcome the rejections.
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 of this title, 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 1-2, 4, 7, 9-15, 20-24 and 26-27 are rejected under 35 U.S.C. 103 as being unpatentable over Erskine et al (US 11048047) in a view of Schober et al (US 20130061655).
Regarding Claim 1, Erskine teaches an optical system (abstract; fig. 5) fig comprising:
a first reflector (fig. 5, 518 left);
a second reflector in optical communication with the first reflector (fig. 5, 518 right);
a spacer provided between the first reflector and the second reflector (fig 5, 522) to provide an optical path length between the first reflector and second reflector (fig. 5, 518s, 522, 524);
wherein the first reflector and the second reflector are configured in substantially parallel planes with respect to one another (fig. 5, 518s), thereby forming an optical resonance cavity between the first reflector and the second reflector (fig. 5, 518s; fig. 4, optical coupled mirrors; col. 4, line 43-46, an etalon that includes two mirrors separated by a spacer; the etalon may define part or all of a Fabry-Perot interferometer);
a vacuum housing enclosing the optical resonance cavity (fig. 5, 502, 514); and
a pumping system in communication with the vacuum housing (fig. 5, 536; col. 9, line 1-8, The hollow stem 536 may be coupled to a pump during fabrication of the device 500 to establish a vacuum pressure in the evacuated volume 512) for maintaining a pressure in the vacuum housing less than 1 x 10-6 Torr (col. 7, 34-46, an evacuated volume 512 is enclosed by the housing 502, the evacuated volume 512 has a vacuum pressure no greater than 10-6 torr); and
a getter pump (col. 6, line 10-15, Passive pumps, such as getter pumps).
But Erskine does not specifically disclose that wherein the pumping system comprising a getter pump.
However, Schober teaches a system (abstract; figs. 1-3), wherein the pumping system comprising a getter pump (¶[0016], line 1-20, an evaporable getter 106 maintains the vacuum within sensor body 102; a pump removes the air from within sensor body 102).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the optical system of Erskine by the system of Schober for the purpose to create and maintain the vacuum within sensor body.(¶[0015], line 11-14).
Regarding Claim 2, Erskine - Schober combination teaches the optical system of claim 1, wherein said getter pump comprises an evaporable getter pump (¶[0016], line 1-20, an evaporable getter 106 maintains the vacuum within sensor body 102; a pump removes the air from within sensor body 102, as disclosed in Schober).
Regarding Claim 4, Erskine - Schober combination teaches the optical system of claim 1, wherein the optical resonance cavity is a Fabry-Perot cavity, an ultra-stable cavity, or a vacuum gap cavity (fig. 5, 518s; fig. 4, optical coupled mirrors; col. 4, line 43-46, an etalon that includes two mirrors separated by a spacer; the etalon may define part or all of a Fabry-Perot interferometer, as disclosed in Erskine).
Regarding Claim 7, Erskine - Schober combination teaches the optical system of a claim 1, wherein the pumping system further comprises an ion pump (¶[0014], line 1-12, Also, ion pumps or turbo-molecular pumps can also attach to the fill tubes to remove air from within sensor body 102 through the fill tubes, as disclosed in Schober).
Regarding Claim 9, Erskine - Schober combination teaches the optical system of claim 1, wherein the pumping system does not comprise an ion pump (col. 6, line 1-21, eliminate active pumping; Ion pumps; the technologies described herein eliminate the need for active pumping, as disclosed in Erskine).
Regarding Claim 10, Erskine - Schober combination teaches the optical system of claim 7, wherein said optical resonance cavity is a space-vented cavity in low-earth orbit (--this portion of claim is of the intended use; 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. MPEP §2106).
Regarding Claim 11, Erskine - Schober combination teaches the optical system of claim 1, wherein the pumping system provides a substantially constant pressure of the optical resonance cavity (col. 7, line 47-- col. 8, line 3, the housing 502 and the first and second optical windows 508, 510 may be configured to allow the evacuated volume to stay below the threshold vacuum pressure over a predetermined period; In some variations, the housing 502 and the first and second optical windows 508, 510 are configured to allow the evacuated volume 512 to maintain the threshold vacuum pressure (or lower) for at least ten years, as disclosed in Erskine).
Regarding Claim 12, Erskine - Schober combination teaches the optical system of claim 11, wherein the substantially constant pressure of the optical resonance cavity is characterized by variations of less than 3 x10-9 Torr in 1 s (col. 7, line 47-- col. 8, line 3, the housing 502 and the first and second optical windows 508, 510 may be configured to allow the evacuated volume to stay below the threshold vacuum pressure over a predetermined period; In some variations, the housing 502 and the first and second optical windows 508, 510 are configured to allow the evacuated volume 512 to maintain the threshold vacuum pressure (or lower) for at least ten years, as disclosed in Erskine).
Regarding Claim 13, Erskine - Schober combination teaches the optical system of claim 1, wherein the getter pump is characterized by a pumping speed selected over the range of 1 I/s to 500 I/s (---this portion of claim is of functional claim. In product and apparatus claims –when the structure and composition recited in the reference is substantially identical to that of the claims, claimed properties or functions are presumed to be inherent, see MPEP § 2112.01. As the structure and materials provided by Erskine - Schober combination is same to that recited in the claims, then it is expected that a function of pumping speed provided by Erskine - Schober combination has same results as claimed. Since where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977)).
Regarding Claim 14, Erskine - Schober combination teaches the optical system of claim 1, wherein the getter pump is characterized by a sorption capacity selected over the range of 0.005 Torr-1 to 1,000 Torr-1 (---this portion of claim is of functional claim. In product and apparatus claims –when the structure and composition recited in the reference is substantially identical to that of the claims, claimed properties or functions are presumed to be inherent, see MPEP § 2112.01. As the structure and materials provided by Erskine - Schober combination is same to that recited in the claims, then it is expected that a function of sorption capacity provided by Erskine - Schober combination has same results as claimed. Since where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977)).
Regarding Claim 15, Erskine - Schober combination teaches the optical system of claim 1, wherein the getter pump is provided within the vacuum housing (fig. 1, 102, 106; ¶[0016], line 1-20, an evaporable getter 106 maintains the vacuum within sensor body 102; a pump removes the air from within sensor body 102, as disclosed in Schober).
Regarding Claim 20, Erskine - Schober combination teaches the optical system of claim 15, wherein said getter pump comprises an evaporable getter pump (¶[0016], line 1-20, an evaporable getter 106 maintains the vacuum within sensor body 102; a pump removes the air from within sensor body 102, as disclosed in Schober).
Regarding Claim 21, Erskine - Schober combination teaches the optical system of claim 20, wherein the evaporable getter pump comprises one or more of metals, alloys, and metal oxides (¶[0016], line 1-20, an evaporable getter 106 maintains the vacuum within sensor body 102; a pump removes the air from within sensor body 102; getter material includes a reactive metal such as barium, aluminum, magnesium, calcium, sodium, strontium, cesium, phosphorus, and the like, as disclosed in Schober).
Regarding Claim 22, Erskine - Schober combination teaches the optical system of claim 20, wherein the evaporable getter pump comprises Ba(N3)2 Ta, Nb, Zr, Th, Ti, AI, Mg, Ba, or P (¶[0016], line 1-20, an evaporable getter 106 maintains the vacuum within sensor body 102; a pump removes the air from within sensor body 102; getter material includes a reactive metal such as barium, aluminum, magnesium, calcium, sodium, strontium, cesium, phosphorus, and the like, as disclosed in Schober).
Regarding Claim 23, Erskine teaches a method of controlling pressure in an ultra-stable optical resonance cavity (abstract; fig. 5), the method comprising:
providing the ultra-stable cavity enclosed in a vacuum housing (fig. 5, 514, 518s, 512, 502);
wherein the ultra- stable cavity comprises:
a first reflector (fig. 5, 518 left);
a second reflector in optical communication with the first reflector (fig. 5, 518 right);
a spacer provided between the first reflector and the second reflector (fig 5, 522) to provide an optical path length between the first reflector and second reflector (fig. 5, 518s, 522, 524);
wherein the first reflector and the second reflector are configured in substantially parallel planes with respect to one another (fig. 5, 518s), thereby forming the ultra-stable optical resonance cavity between the first reflector and the second reflector (fig. 5, 518s; fig. 4, optical coupled mirrors; col. 4, line 43-46, an etalon that includes two mirrors separated by a spacer; the etalon may define part or all of a Fabry-Perot interferometer; col. 1, line 65—col.2, line 5, provides an ultra-stable frequency reference for laser light); and
maintaining a pressure in the vacuum housing less than 1 x 10-6 Torr using a pumping system in communication with the vacuum housing (fig. 5, 536; col. 9, line 1-8, The hollow stem 536 may be coupled to a pump during fabrication of the device 500 to establish a vacuum pressure in the evacuated volume 512; col. 7, 34-46, an evacuated volume 512 is enclosed by the housing 502, the evacuated volume 512 has a vacuum pressure no greater than 10-6 torr); and
a getter pump (col. 6, line 10-15, Passive pumps, such as getter pumps).
But Erskine does not specifically disclose that wherein the pumping system comprising a getter pump.
However, Schober teaches a system (abstract; figs. 1-3), wherein the pumping system comprising a getter pump (¶[0016], line 1-20, an evaporable getter 106 maintains the vacuum within sensor body 102; a pump removes the air from within sensor body 102).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the optical system of Erskine by the system of Schober for the purpose to create and maintain the vacuum within sensor body.(¶[0015], line 11-14).
Regarding Claim 24, Erskine - Schober combination teaches the method of claim 23, wherein said getter pump comprises an evaporable getter pump (¶[0016], line 1-20, an evaporable getter 106 maintains the vacuum within sensor body 102; a pump removes the air from within sensor body 102, as disclosed in Schober).
Regarding Claim 26, Erskine teaches a method of transporting an ultra-stable optical resonance cavity (abstract; fig. 5), the method comprising:
providing the ultra-stable cavity enclosed in a vacuum housing (fig. 5, 514, 518s, 512, 502);
wherein the ultra- stable cavity comprises:
a first reflector (fig. 5, 518 left);
a second reflector in optical communication with the first reflector (fig. 5, 518 right);
a spacer provided between the first reflector and the second reflector (fig 5, 522) to provide an optical path length between the first reflector and second reflector (fig. 5, 518s, 522, 524);
wherein the first reflector and the second reflector are configured in substantially parallel planes with respect to one another (fig. 5, 518s), thereby forming the ultra-stable optical resonance cavity between the first reflector and the second reflector (fig. 5, 518s; fig. 4, optical coupled mirrors; col. 4, line 43-46, an etalon that includes two mirrors separated by a spacer; the etalon may define part or all of a Fabry-Perot interferometer; col. 1, line 65—col.2, line 5, provides an ultra-stable frequency reference for laser light); and
pumping said vacuum enclosure during transport using a pumping system in fluid communication with the vacuum housing (fig. 5, 536; col. 9, line 1-8, The hollow stem 536 may be coupled to a pump during fabrication of the device 500 to establish a vacuum pressure in the evacuated volume 512) so as to maintain a pressure in the vacuum housing less than 1 x 10-6 Torr (col. 7, 34-46, an evacuated volume 512 is enclosed by the housing 502, the evacuated volume 512 has a vacuum pressure no greater than 10-6 torr); and
a getter pump (col. 6, line 10-15, Passive pumps, such as getter pumps).
But Erskine does not specifically disclose that wherein the pumping system comprising a getter pump.
However, Schober teaches a system (abstract; figs. 1-3), wherein the pumping system comprising a getter pump (¶[0016], line 1-20, an evaporable getter 106 maintains the vacuum within sensor body 102; a pump removes the air from within sensor body 102).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the optical system of Erskine by the system of Schober for the purpose to create and maintain the vacuum within sensor body.(¶[0015], line 11-14).
Regarding Claim 27, Erskine - Schober combination teaches the method of claim 26, wherein said getter pump comprises an evaporable getter pump (¶[0016], line 1-20, an evaporable getter 106 maintains the vacuum within sensor body 102; a pump removes the air from within sensor body 102, as disclosed in Schober).
Claims 3, 16, 18-19, 25 and 28 are rejected under 35 U.S.C. 103 as being unpatentable over Erskine et al (US 11048047) in a view of Schober et al (US 20130061655), further in a view of Baillio (US 8399299).
Regarding Claim 3, Erskine - Schober combination discloses as set forth above but does not specifically disclose that the optical system of claim 1, wherein said getter pump comprises a non- evaporable getter (NEG) pump.
However, Baillio teaches a cavity structure (abstract; figs. 1-4); wherein said getter pump comprises a non- evaporable getter (NEG) pump (fig. 3, 110, 112, 116, 118; col. 1, line 45-48, Such getter material therefore controls the pressure in the cavity; Non- evaporable getter materials are for example metals such as titanium, zirconium, hafnium, or metallic alloys…; col. 7, line 45-50, The first and second portions of getter material 110 and 112; composed of one or more metallic materials, for example titanium and/or zirconium and/or vanadium and/or any other metal having properties of absorption and/or gaseous adsorption).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the optical system of Erskine - Schober combination by the cavity structure of Baillio for a purpose to produce in the cavity a higher vacuum (col. 8, line 20-25).
Regarding Claim 16, Erskine – Schober - Baillio combination teaches the optical system of claim 15, wherein said getter pump comprises a non-evaporable getter (NEG) pump (fig. 3, 110, 112, 116, 118; col. 1, line 45-48, Such getter material therefore controls the pressure in the cavity; Non- evaporable getter materials are for example metals such as titanium, zirconium, hafnium, or metallic alloys…; col. 7, line 45-50, The first and second portions of getter material 110 and 112; composed of one or more metallic materials, for example titanium and/or zirconium and/or vanadium and/or any other metal having properties of absorption and/or gaseous adsorption, as disclosed in Baillio); and wherein the NEG pump is provided as a coating on a portion of an internal surface of the vacuum housing exposed to the optical resonance cavity (fig. 3, 116, 118, 110, 112, as disclosed in Baillio).
Regarding Claim 18, Erskine – Schober - Baillio combination teaches the optical system of claim 16, wherein the NEG pump comprises one or more porous metals, alloys, or metal oxides (fig. 3, 110, 112, 116, 118; col. 1, line 45-48, Such getter material therefore controls the pressure in the cavity; Non- evaporable getter materials are for example metals such as titanium, zirconium, hafnium, or metallic alloys…; col. 7, line 45-50, The first and second portions of getter material 110 and 112; composed of one or more metallic materials, for example titanium and/or zirconium and/or vanadium and/or any other metal having properties of absorption and/or gaseous adsorption, as disclosed in Baillio).
Regarding Claim 19, Erskine – Schober - Baillio combination teaches the optical system of claim 16, wherein the NEG pump comprises AI, Zr, Ti, V, or Fe (fig. 3, 110, 112, 116, 118; col. 1, line 45-48, Such getter material therefore controls the pressure in the cavity; Non- evaporable getter materials are for example metals such as titanium, zirconium, hafnium, or metallic alloys…; col. 7, line 45-50, The first and second portions of getter material 110 and 112; composed of one or more metallic materials, for example titanium and/or zirconium and/or vanadium and/or any other metal having properties of absorption and/or gaseous adsorption, as disclosed in Baillio).
Regarding Claim 25, Erskine - Schober combination discloses as set forth above but does not specifically disclose that the method of claim 23, wherein said getter pump comprises a non- evaporable (NEG) getter pump.
However, Baillio teaches a cavity structure (abstract; figs. 1-4); wherein said getter pump comprises a non- evaporable getter (NEG) pump (fig. 3, 110, 112, 116, 118; col. 1, line 45-48, Such getter material therefore controls the pressure in the cavity; Non- evaporable getter materials are for example metals such as titanium, zirconium, hafnium, or metallic alloys…; col. 7, line 45-50, The first and second portions of getter material 110 and 112; composed of one or more metallic materials, for example titanium and/or zirconium and/or vanadium and/or any other metal having properties of absorption and/or gaseous adsorption).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the optical system of Erskine - Schober combination by the cavity structure of Baillio for a purpose to produce in the cavity a higher vacuum (col. 8, line 20-25).
Regarding Claim 28, Erskine - Schober combination discloses as set forth above but does not specifically disclose that the method of claim 26, wherein said getter pump comprises a non- evaporable getter pump.
However, Baillio teaches a cavity structure (abstract; figs. 1-4); wherein said getter pump comprises a non- evaporable getter (NEG) pump (fig. 3, 110, 112, 116, 118; col. 1, line 45-48, Such getter material therefore controls the pressure in the cavity; Non- evaporable getter materials are for example metals such as titanium, zirconium, hafnium, or metallic alloys…; col. 7, line 45-50, The first and second portions of getter material 110 and 112; composed of one or more metallic materials, for example titanium and/or zirconium and/or vanadium and/or any other metal having properties of absorption and/or gaseous adsorption).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the optical system of Erskine - Schober combination by the cavity structure of Baillio for a purpose to produce in the cavity a higher vacuum (col. 8, line 20-25).
Examiner’s Note
Regarding the references, the Examiner cites particular figures, paragraphs, columns and line numbers in the reference(s), as applied to the claims above. Although the particular citations are representative teachings and are applied to specific limitations within the claims, other passages, internally cited references, and figures may also apply. In preparing a response, it is respectfully requested that the Applicant fully consider the references, in their entirety, as potentially disclosing or teaching all or part of the claimed invention, as well as fully consider the context of the passage as taught by the reference(s) or as disclosed by the Examiner.
Conclusion
Any inquiry concerning this communication or earlier communication from the examiner should be directed to Jie Lei whose telephone number is (571) 272 7231. The examiner can normally be reached on Mon.-Thurs. 8:00 am to 5:30 pm.
If attempts to reach the examiner by the telephone are unsuccessful, the examiner's supervisor, Thomas Pham can be reached on (571) 272 3689.The Fax number for the organization where this application is assigned is (571) 273 8300.
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/JIE LEI/Primary Examiner, Art Unit 2872