Final Rejection
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Following a non-final action, applicant filed a response on 9/1/2026 in which the specification and claims 1, 8-11, 14, 17-18, and 20 are amended. Claims 1-20 are pending.
Claim Objections
The prior objections to claims 1 and 20 are corrected by the amendment and withdrawn.
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 1-5 and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over US 2010/0272145 (“Weichmann”) in view of US 2019/0267774 (“Sato”), and further in view of WO 2020/1664201,2 (“Hirano”).
Regarding claim 1, Weichmann discloses in Fig. 3 and [0021]-[0025]:
1. A laser element comprising:
a laminated semiconductor layer including a first reflection layer with respect to a first wavelength and an active layer configured to perform surface emission at the first wavelength;
This is a laser element, [0001], there is a laminated semiconductor including first reflection layer 1 and active layer 2 that performs surface emission. This is a pump and is at a first wavelength in resonator 14. See also [0012]-[0013].
a laser medium disposed on a rear side of an optical axis of the laminated semiconductor layer, the laser medium including a second reflection layer with respect to a second wavelength on a first surface facing the laminated semiconductor layer, and a third reflection layer with respect to the first wavelength on a second surface on a side opposite to the first surface; a fourth reflection layer with respect to the second wavelength, wherein the fourth reflection layer being disposed on the second surface or disposed on a rear side of the optical axis with respect to the second surface;
Laser medium 11 is on the other side of the laminated layers and includes second reflection layer 10 with respect to a second wavelength (the wavelength of solid-state medium formed in resonator 15, see also [0012]-[0013]) on a first surface facing the laminated layers, and a third reflection layer 12 with respect to the first wavelength (it is part of resonator 14) on a second surface opposite the first surface, and a fourth reflection layer 12 with respect to the second wavelength (it is also part of resonator 15) disposed on the second surface.
a first resonator configured to cause light of the first wavelength to resonate between the first reflection layer and the third reflection layer; and
a second resonator configured to cause light of the second wavelength to resonate between the second reflection layer and the fourth reflection layer,
First and second resonators 14,15 as discussed above.
wherein the first resonator includes an optical element configured to condense the light of the first wavelength in an optical axis direction, the optical axis of the laminated semiconductor layer, an optical axis of the laser medium, and an optical axis of the optical element are coaxially arranged, and
The laser medium and laminated semiconductor are coaxial on the same optical axis. Weichmann does not show the optical element as claimed. Sato shows that a VCSEL may include such an optical element, a concave mirror 41,43, as one of its resonator mirrors. Fig. 1 and discussion starting [0112]. It would have been obvious to a person of ordinary skill in the art to include such an element as it reduces the diffraction loss problem that Sato recognizes may be present in certain VCSELs. [0002]-[0010].
the first reflection layer, the second reflection layer, the third reflection layer, and the fourth reflection layer are disposed at positions different from one another and are arranged in this order along the optical axis direction.
In Weichman the first and second reflectors are disposed at different positions, which are different from the third and fourth reflectors, but the third and fourth are at the same position. Hirano is a similar device in Fig. 14, discussion starting [0272], with a VCSEL 10 having a first reflector 17 (detail of 10 seen in Fig. 2) integral with a laser medium 21 having a second reflector 23a on one side and a third reflection layer 24 on the other, and then has a saturable absorber 22 with a fourth reflection layer 23b. The VCSEL excites the gain medium much like in Weichman. It is apparent that the third reflection layer 24 is separate from the fourth 23b so that excitation light is prevented from reaching the saturable absorber, preventing malfunctions ([0281]-[0282]), thus it would have been obvious to include separate reflectors like Hirano for this reason, if a saturable absorber is included. The inclusion of such reflector also allows for additional resonance in the gain medium 21, allowing it to be made smaller, as taught by Hirano. [0279]. It would have been obvious to a person of ordinary skill in the art to include a saturable absorber because it provides high intensity pulses, as taught by Hirano. [0142]-[0143].
Regarding claims 2-5, the limitations are all shown in the combination with Sato, deemed obvious above. The Sato reflector 41 is a concave mirror (as apparent in Fig. 1), may be a multi-layer film 46 ([0119]) of materials as claimed ([0108]), is part of the first reflector (bottom of Fig. 1 corresponds to first reflector), and is formed by lamination of the reflector on semiconductor layer 11 having a concave shape.
Regarding claim 19, Weichmann does not include a saturable absorber as claimed; as discussed in the rejection of claim 1, it would have been obvious to include a saturable absorber in view of Hirano. As noted in that rejection, in Hirano Fig. 14 saturable absorber 22 has third reflector 24 on one side and fourth reflector 23b on the other, all of the elements are coaxially arranged and integrally bound in both Weichmann and Hirano and therefore would be in the combination as well.
Claim 20 is the same as claim 1, except additionally includes a control unit that controls to emit light from the laser element. There is necessarily some sort of power supply that can be considered a control unit that turns on/off power to the contacts 6 of Weichmann, providing control to turn on/off the laser.
Claims 1-2, 6-8, and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Weichmann in view of DE 10 2010 061 891 (“DE ‘891”), and further in view of Hirano.
Regarding claim 1, Weichmann discloses in Fig. 3 and [0021]-[0025]:
1. A laser element comprising:
a laminated semiconductor layer including a first reflection layer with respect to a first wavelength and an active layer configured to perform surface emission at the first wavelength;
This is a laser element, [0001], there is a laminated semiconductor including first reflection layer 1 and active layer 2 that performs surface emission. This is a pump and is at a first wavelength in resonator 14. See also [0012]-[0013].
a laser medium disposed on a rear side of an optical axis of the laminated semiconductor layer, the laser medium including a second reflection layer with respect to a second wavelength on a first surface facing the laminated semiconductor layer, and a third reflection layer with respect to the first wavelength on a second surface on a side opposite to the first surface; a fourth reflection layer with respect to the second wavelength, wherein the fourth reflection layer being disposed on the second surface or disposed on a rear side of the optical axis with respect to the second surface;
Laser medium 11 is on the other side of the laminated layers and includes second reflection layer 10 with respect to a second wavelength (the wavelength of solid-state medium formed in resonator 15, see also [0012]-[0013]) on a first surface facing the laminated layers, and a third reflection layer 12 with respect to the first wavelength (it is part of resonator 14) on a second surface opposite the first surface, and a fourth reflection layer 12 with respect to the second wavelength (it is also part of resonator 15) disposed on the second surface.
a first resonator configured to cause light of the first wavelength to resonate between the first reflection layer and the third reflection layer; and
a second resonator configured to cause light of the second wavelength to resonate between the second reflection layer and the fourth reflection layer,
First and second resonators 14,15 as discussed above.
wherein the first resonator includes an optical element configured to condense the light of the first wavelength in an optical axis direction, the optical axis of the laminated semiconductor layer, an optical axis of the laser medium, and an optical axis of the optical element are coaxially arranged, and
The laser medium and laminated semiconductor are coaxial on the same optical axis. Weichmann does not show the optical element as claimed. DE ‘891 shows in Figs. 12 and 13 and integral pump laser 130 that is a laminate of semiconductor layers and a solid-state laser medium 110, and the device further has concave mirror 112b,134b that is an optical element as claimed. [0034]-[0035]; [0083]-[0085]. It would have been obvious to a person of ordinary skill in the art to use this curved mirror as it stabilizes the fundamental mode, improving the beam profile, as taught by DE ‘891.
the first reflection layer, the second reflection layer, the third reflection layer, and the fourth reflection layer are disposed at positions different from one another and are arranged in this order along the optical axis direction.
In Weichman the first and second reflectors are disposed at different positions, which are different from the third and fourth reflectors, but the third and fourth are at the same position. Hirano is a similar device in Fig. 14, discussion starting [0272], with a VCSEL 10 having a first reflector 17 (detail of 10 seen in Fig. 2) integral with a laser medium 21 having a second reflector 23a on one side and a third reflection layer 24 on the other, and then has a saturable absorber 22 with a fourth reflection layer 23b. The VCSEL excites the gain medium much like in Weichman. It is apparent that the third reflection layer 24 is separate from the fourth 23b so that excitation light is prevented from reaching the saturable absorber, preventing malfunctions ([0281]-[0282]), thus it would have been obvious to include separate reflectors like Hirano for this reason, if a saturable absorber is included. The inclusion of such reflector also allows for additional resonance in the gain medium 21, allowing it to be made smaller, as taught by Hirano. [0279]. It would have been obvious to a person of ordinary skill in the art to include a saturable absorber because it provides high intensity pulses, as taught by Hirano. [0142]-[0143].
Regarding claim 2, as seen in Fig. 12 or 13 the DE ‘891 optical element is a concave mirror.
Regarding claim 6, as seen in Fig. 12 of DE ‘891, the end face of the laser medium on a side of the third reflection layer has a concave shape, and the concave mirror is laminated on the end face of the laser medium.
Regarding claim 7, as seen in Fig. 12 of DE ‘891, the optical element is bonded to an end face of the laser medium on a side opposite to a side facing the laminated semiconductor layer.
Regarding claim 8, as seen in Fig. 13 of DE ‘891, the optical element includes a first transparent material layer 160 that transmits light of the second wavelength, a first end face of the first transparent material layer bonded to the laser medium is a flat surface, and a second end face opposite to the first end face has a concave shape, and the concave mirror is disposed along the second end face.
Regarding claim 19, Weichmann does not include a saturable absorber as claimed; as discussed in the rejection of claim 1, it would have been obvious to include a saturable absorber in view of Hirano. As noted in that rejection, in Hirano Fig. 14 saturable absorber 22 has third reflector 24 on one side and fourth reflector 23b on the other, all of the elements are coaxially arranged and integrally bound in both Weichmann and Hirano and therefore would be in the combination as well.
Claim 20 is the same as claim 1, except additionally includes a control unit that controls to emit light from the laser element. There is necessarily some sort of power supply that can be considered a control unit that turns on/off power to the contacts 6 of Weichmann, providing control to turn on/off the laser.
Claims 1, 10-12, 15-16, and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Weichmann in view of US 5,982,802 (“Thony”), and further in view of Hirano.
Regarding claim 1, Weichmann discloses in Fig. 3 and [0021]-[0025]:
1. A laser element comprising:
a laminated semiconductor layer including a first reflection layer with respect to a first wavelength and an active layer configured to perform surface emission at the first wavelength;
This is a laser element, [0001], there is a laminated semiconductor including first reflection layer 1 and active layer 2 that performs surface emission. This is a pump and is at a first wavelength in resonator 14. See also [0012]-[0013].
a laser medium disposed on a rear side of an optical axis of the laminated semiconductor layer, the laser medium including a second reflection layer with respect to a second wavelength on a first surface facing the laminated semiconductor layer, and a third reflection layer with respect to the first wavelength on a second surface on a side opposite to the first surface; a fourth reflection layer with respect to the second wavelength, wherein the fourth reflection layer being disposed on the second surface or disposed on a rear side of the optical axis with respect to the second surface;
Laser medium 11 is on the other side of the laminated layers and includes second reflection layer 10 with respect to a second wavelength (the wavelength of solid-state medium formed in resonator 15, see also [0012]-[0013]) on a first surface facing the laminated layers, and a third reflection layer 12 with respect to the first wavelength (it is part of resonator 14) on a second surface opposite the first surface, and a fourth reflection layer 12 with respect to the second wavelength (it is also part of resonator 15) disposed on the second surface.
a first resonator configured to cause light of the first wavelength to resonate between the first reflection layer and the third reflection layer; and
a second resonator configured to cause light of the second wavelength to resonate between the second reflection layer and the fourth reflection layer,
First and second resonators 14,15 as discussed above.
wherein the first resonator includes an optical element configured to condense the light of the first wavelength in an optical axis direction, the optical axis of the laminated semiconductor layer, an optical axis of the laser medium, and an optical axis of the optical element are coaxially arranged, and
The laser medium and laminated semiconductor are coaxial on the same optical axis. Weichmann does not show the optical element as claimed. Thony shows a similar device with a VCSEL pumping an integrated solid-state laser. The solid-state laser element may include on its entry side an optical element as claimed. See Figs. 2, 3B, 4. It would have been obvious to a person of ordinary skill in the art to include such optical element as it stabilizes the cavity, as taught by Thony. Col. 4 lines 38-43.
the first reflection layer, the second reflection layer, the third reflection layer, and the fourth reflection layer are disposed at positions different from one another and are arranged in this order along the optical axis direction.
In Weichman the first and second reflectors are disposed at different positions, which are different from the third and fourth reflectors, but the third and fourth are at the same position. Hirano is a similar device in Fig. 14, discussion starting [0272], with a VCSEL 10 having a first reflector 17 (detail of 10 seen in Fig. 2) integral with a laser medium 21 having a second reflector 23a on one side and a third reflection layer 24 on the other, and then has a saturable absorber 22 with a fourth reflection layer 23b. The VCSEL excites the gain medium much like in Weichman. It is apparent that the third reflection layer 24 is separate from the fourth 23b so that excitation light is prevented from reaching the saturable absorber, preventing malfunctions ([0281]-[0282]), thus it would have been obvious to include separate reflectors like Hirano for this reason, if a saturable absorber is included. The inclusion of such reflector also allows for additional resonance in the gain medium 21, allowing it to be made smaller, as taught by Hirano. [0279]. It would have been obvious to a person of ordinary skill in the art to include a saturable absorber because it provides high intensity pulses, as taught by Hirano. [0142]-[0143].
Regarding claim 10, the Thony optical element is a light refracting member that refracts incident light in an optical axis direction.
Regarding claim 11, Weichmann includes a fifth reflection layer 3 that is disposed closer to the laser medium 11 than the active layer 2, and transmits a part of the light of the first wavelength. Following the combination, the Thony light refracting member will be disposed between the fifth reflection layer and the second reflection layer.
Regarding claim 12, the Thony light refracting member has an end face having a convex shape facing the pump light, i.e. after the combination on a side of the laminated semiconductor layer facing the laser medium.
Regarding claim 15, the Thony refracting member has an end face having a convex shape on a side of the laser medium facing the laminated semiconductor layer.
Regarding claim 16, Thony shows that when the solid-state medium is shaped like this the reflection layer is still disposed along the end face of the convex shape. Figs. 2, 3B, 4.
Regarding claim 19, Weichmann does not include a saturable absorber as claimed; as discussed in the rejection of claim 1, it would have been obvious to include a saturable absorber in view of Hirano. As noted in that rejection, in Hirano Fig. 14 saturable absorber 22 has third reflector 24 on one side and fourth reflector 23b on the other, all of the elements are coaxially arranged and integrally bound in both Weichmann and Hirano and therefore would be in the combination as well.
Claim 20 is the same as claim 1, except additionally includes a control unit that controls to emit light from the laser element. There is necessarily some sort of power supply that can be considered a control unit that turns on/off power to the contacts 6 of Weichmann, providing control to turn on/off the laser.
Claims 1, 10, 11, 13, and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Weichmann in view of US 2007/0217473 (“Abe”), and further in view of Hirano.
Regarding claim 1, Weichmann discloses in Fig. 3 and [0021]-[0025]:
1. A laser element comprising:
a laminated semiconductor layer including a first reflection layer with respect to a first wavelength and an active layer configured to perform surface emission at the first wavelength;
This is a laser element, [0001], there is a laminated semiconductor including first reflection layer 1 and active layer 2 that performs surface emission. This is a pump and is at a first wavelength in resonator 14. See also [0012]-[0013].
a laser medium disposed on a rear side of an optical axis of the laminated semiconductor layer, the laser medium including a second reflection layer with respect to a second wavelength on a first surface facing the laminated semiconductor layer, and a third reflection layer with respect to the first wavelength on a second surface on a side opposite to the first surface; a fourth reflection layer with respect to the second wavelength, wherein the fourth reflection layer being disposed on the second surface or disposed on a rear side of the optical axis with respect to the second surface;
Laser medium 11 is on the other side of the laminated layers and includes second reflection layer 10 with respect to a second wavelength (the wavelength of solid-state medium formed in resonator 15, see also [0012]-[0013]) on a first surface facing the laminated layers, and a third reflection layer 12 with respect to the first wavelength (it is part of resonator 14) on a second surface opposite the first surface, and a fourth reflection layer 12 with respect to the second wavelength (it is also part of resonator 15) disposed on the second surface.
a first resonator configured to cause light of the first wavelength to resonate between the first reflection layer and the third reflection layer; and
a second resonator configured to cause light of the second wavelength to resonate between the second reflection layer and the fourth reflection layer,
First and second resonators 14,15 as discussed above.
wherein the first resonator includes an optical element configured to condense the light of the first wavelength in an optical axis direction, the optical axis of the laminated semiconductor layer, an optical axis of the laser medium, and an optical axis of the optical element are coaxially arranged, and
The laser medium and laminated semiconductor are coaxial on the same optical axis. Weichmann does not show the optical element as claimed. Abe shows a similar device with a laser 110 pumping an integrated solid-state laser 121. See Fig. 1 and discussion starting at [0034]. The solid-state laser element may include on its entry side a condensing optical element 130,132 as claimed. It would have been obvious to a person of ordinary skill in the art to include such optical element as it provides for efficient excitation, as taught by Abe. [0049].
the first reflection layer, the second reflection layer, the third reflection layer, and the fourth reflection layer are disposed at positions different from one another and are arranged in this order along the optical axis direction.
In Weichman the first and second reflectors are disposed at different positions, which are different from the third and fourth reflectors, but the third and fourth are at the same position. Hirano is a similar device in Fig. 14, discussion starting [0272], with a VCSEL 10 having a first reflector 17 (detail of 10 seen in Fig. 2) integral with a laser medium 21 having a second reflector 23a on one side and a third reflection layer 24 on the other, and then has a saturable absorber 22 with a fourth reflection layer 23b. The VCSEL excites the gain medium much like in Weichman. It is apparent that the third reflection layer 24 is separate from the fourth 23b so that excitation light is prevented from reaching the saturable absorber, preventing malfunctions ([0281]-[0282]), thus it would have been obvious to include separate reflectors like Hirano for this reason, if a saturable absorber is included. The inclusion of such reflector also allows for additional resonance in the gain medium 21, allowing it to be made smaller, as taught by Hirano. [0279]. It would have been obvious to a person of ordinary skill in the art to include a saturable absorber because it provides high intensity pulses, as taught by Hirano. [0142]-[0143].
Regarding claim 10, the Abe optical element 130,132 is a lens, it is a light refracting member that refracts incident light in an optical axis direction.
Regarding claim 11, Weichmann includes a fifth reflection layer 3 that is disposed closer to the laser medium 11 than the active layer 2, and configured to transmit a part of the light of the first wavelength. Following the combination, the Abe light refracting member will be disposed between the fifth reflection layer and the second reflection layer.
Regarding claim 13, Abe shows the optical element 132 in another embodiment in Fig. 7 is bonded to an end face of the laminated semiconductor layer 110 on a side facing the laser medium 121, and the light refracting member has one end face having a convex shape on a side facing the laser medium 121.
Regarding claim 19, Weichmann does not include a saturable absorber as claimed; as discussed in the rejection of claim 1, it would have been obvious to include a saturable absorber in view of Hirano. As noted in that rejection, in Hirano Fig. 14 saturable absorber 22 has third reflector 24 on one side and fourth reflector 23b on the other, all of the elements are coaxially arranged and integrally bound in both Weichmann and Hirano and therefore would be in the combination as well.
Claim 20 is the same as claim 1, except additionally includes a control unit that controls to emit light from the laser element. There is necessarily some sort of power supply that can be considered a control unit that turns on/off power to the contacts 6 of Weichmann, providing control to turn on/off the laser.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Weichmann in view Sato and Hirano, and further in view of Abe.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Weichmann in view DE ‘891 and Hirano, and further in view of Abe.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Weichmann in view Thony and Hirano, and further in view of Abe.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Weichmann in view Abe and Hirano.
Regarding claim 18, Weichmann does not show a part of the semiconductor layer including the active layer in the laminated semiconductor layer is divided into a plurality of divided regions by an insulator, and each of the plurality of divided regions includes the first resonator and the second resonator. Essentially, this is claiming the Fig. 10 embodiment, with an array of the VCSELs each being separated by an insulator and pumping the solid-state laser medium. Abe shows a similar configuration, with Figs. 8, 14-17 showing an array of VCSELs 110 pumping solid laser medium 121 and includes insulator 116 dividing and isolating the VCSELs. [0041], [0091], [0110]. It would have been obvious to a person of ordinary skill in the art to do this as arrays of light emitters are often desired, producing either higher power or multiple wavelengths, and insulator to isolate the lasers is useful so they can be independently driven as taught by Abe.
Allowable Subject Matter
Claims 9, 14, and 17 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Response to Arguments
The arguments presented in the response have been fully considered but are not persuasive.
Applicant argued that the newly added limitation that all of the first, second, third, and fourth reflectors are in different positions overcomes the prior rejections. This argument is moot in light of the new rejections above. The claims previously did not prevent the third and fourth reflectors from being at the same position, and some embodiments of the present application (e.g. Fig. 13) permitted this, so the prior rejection was not improper. New rejections are presented above addressing this issue, the new rejections are necessitated by amendment, therefore this action is made final.
Applicant additionally appears to suggest that Weichmann teaches away from having the third and fourth reflectors at different positions. The examiner does not agree with such an argument. Even though Weichmann may prefer that these reflectors be at the same point, this does not show that the combination is unworkable or discouraged. Weichmann may have a reason for doing it this way, but Hirano also has a reason for doing it Hirano’s way, so that a saturable absorber may be added. These choices are not inconsistent, as Weichmann does not have a saturable absorber and Hirano suggests it may be beneficial. The skilled artisan can look at these combined teachings and decide which is more important to her particular application; that such a choice exists implies that the references do not teach away.
Applicant argues that Sato does not teach the claimed optical element. First it is argued that the optical element is not separate from Sato’s reflector, but this is not persuasive. This is not substantially different than applicant’s own Fig. 2, where the reflector is essentially the same as the condensing optical element.
Next it is argued that Sato is condensing its own light, not excitation light of a different wavelength. Applicant is merely arguing against the references individually, not against the combination. Sato is not relied upon for having a pump excitation light and a separate oscillation light, Sato is only relied upon to show the end mirror of a VCSEL may be a condensing mirror, just as applicant does, and the combination with Weichmann is what is important here. After the combination the optical element will be on Weichmann’s end reflector just as in Sony, and this meets the claim.
Applicant argues that DE ‘891 does not actually say that its curved mirror condenses light. This reflector is clearly depicted as a concave mirror. A person skilled in the art would understand that a concave mirror will focus light to a focal point (as opposed to a convex mirror which will spread light). As long as there is at least some focusing of some light the optical element can be said to be configured to condense as claimed.
Applicant next argues that DE ‘891 does not teach that its elements are coaxial. It is not clear to the examiner how they would not be coaxial, but nonetheless everything appears to be clearly coaxial in Weichmann.
Applicant argues that Thony does not show the claimed optical element, because applicant again argues that the reference lacks the claimed resonators. Again applicant is arguing against the references individually and not against the combination. Thony does not need multiple resonators, those are in Weichmann.
Applicant argues that Abe does not show the claimed optical element because its optical element is not in a resonator. Once again applicant is arguing the references individually. The rejection shows reason to add Abe’s optical element to Weichmann, and after the combination the optical element will be located in Weichmann as claimed.
Conclusion
Note that on the bottom of page 14 of the 6/1/2026 action “18/559,953” should instead read “18/556,953”.
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 James Menefee whose telephone number is (571)272-1944. The examiner can normally be reached M-F 7-4.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, MinSun Harvey can be reached at (571) 272-1835. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JAMES A MENEFEE/ Primary Examiner, Art Unit 2828
1 Citations in the rejection are to US 2022/0006263, which is the publication of the 371 filing of the WIPO document and therefore will have the same disclosure. If applicant objects to the translation it may file its own translation of the WIPO document pointing out any alleged errors.
2 The reference is published prior to the effective filing date and therefore is prior art under 102(a)(1). The publication date is less than one year prior to the effective date, and it includes the same inventor as the present application but also an additional inventor, therefore it is not apparent at this time that the 102(b)(1) exception applies. See MPEP 2153.01(a). A declaration may be filed if the exception should apply. See MPEP 717; 2155.01.
Prosecution Insights