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 .
Claim Objections
Claim 1 is objected to because of the following informalities: “the six nearest” in line 20 should read “a six nearest”. Appropriate correction is required.
Claim 5 is objected to because of the following informalities: “the same” in line 2 should read “a same”. Appropriate correction is required.
Claim 10 is objected to because of the following informalities: “A optical” in line 1 should read “An optical”. Appropriate correction is required.
Claim 22 is objected to because of the following informalities: “the same” in line 2 should read “a same”. Appropriate correction is required.
Allowable Subject Matter
Claims 7 – 9 and 15 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.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claims 7 – 9: The prior art of record, taken alone or in combination, fails to disclose or render obvious wherein the first group is configured to delocalize higher order core modes, in particular the LP.sub.11-modes, in a first wavelength region, wherein the second group is configured to delocalize higher order core modes, in particular the LP.sub.11-modes, in a higher second wavelength region, and wherein the first and second wavelength regions are adjacent or partially overlapping to each other.
The closest relevant prior art of record, Alkeskjold (U.S. PG Pub. # 2013/0114129 A1), teaches multiples groups of inner cladding features of the first type (any groupings of two or more of 4 as seen in figs. 5 or 6), but fails to teach or suggest delocalizing modes as claimed.
Regarding claim 15: The prior art of record, taken alone or in combination, fails to disclose or render obvious wherein the down-doped regions are formed by doping the outer background material with boron or fluorine.
The closest relevant prior art of record, Alkeskjold (U.S. PG Pub. # 2013/0114129 A1), fails to teach or suggest the down-doped region (9) being doped as claimed.
Thus, with no teaching from the prior art, and without the benefit of applicant's teachings, there is no motivation for one of ordinary skill in the art to combine/modify the prior art of record in a manner so as to create the claimed invention.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1 – 6, 10 – 14 and 17 – 22 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Alkeskjold (U.S. PG Pub. # 2013/0114129 A1).
In Re claims 1 and 10, ‘129 teaches an optical fiber for guiding an optical signal (figs. 5 or 6), said optical fiber having a longitudinal, optical axis and a cross section perpendicular thereto (par. 0004), said optical fiber comprising:
a core region (2) being capable of guiding an optical signal in a fundamental core mode with an effective refractive index, n.sub.c, at an optical signal wavelength, λ.sub.1 (par. 0004);
a cladding region surrounding the core region, the cladding region comprising an inner cladding region (3 or 3 and 9, respectively) and an outer cladding region (9 or 10 or outermost ring beyond 9, respectively), said inner cladding region comprising a background material having a refractive index, n.sub.b, (pars. 00004, 0005, 0011, 0131) and a plurality of inner cladding features (4, par. 0131) arranged in said background material, wherein a plurality of said plurality of inner cladding features (the inner hexagonal ring of 4 of inner cladding features of figs. 5 or 6 or all of 4) are of a first type of feature, said first type of feature comprising an air hole (par. 0124) surrounded by a high-index region comprising a high-index material having a refractive index, n.sub.r, (par. 0124) that is larger than the refractive index of the inner cladding background material (par. 0004 – 0006), said first type of feature supports an optical mode with an effective refractive index, n.sub.1, (par. 0005) which is lower than or equal to the effective refractive index of the fundamental core mode, n.sub.c, at said optical signal wavelength, λ.sub.1, (par. 0005)
wherein a plurality of said plurality of inner cladding features are of a second type of feature (5 or the outermost ring of 5 in figs. 5 or 6) comprising an air hole in direct contact with the background material having a refractive index, n.sub.b, (figs. 5 or 6) and
wherein said inner cladding features are arranged in a substantially hexagonal lattice (figs. 5 or 6) and the six nearest neighbors surrounding a first type of feature are of said second type of feature, and wherein no first type of feature is surrounded by less than six nearest neighbors of the second type of feature (interpreted as inner hexagonal of figs. 5 or 6 or as disclosed in pars. 0058, 0069);
wherein the cladding region further includes a set of first type of features (outermost 6 corners of item 4 as seen in figs. 5 or 6) whereof each first type of feature of the set is surrounded by less than six (only 5 surround each one) nearest neighbors of the second type of feature, and wherein each first type of feature of the set is designed to support at least approximately the optical mode with the effective refractive index, n.sub.1, at an optical signal wavelength, λ.sub.1 (pars. 0005, 0070 – 0073).
In Re claims 2 – 4, ‘129 teaches where in a radially outer layer of inner cladding features centered around the core no first type of feature is present, such that, when viewed radially, all inner cladding features of the first type of feature are arranged radially inward of the radially outermost layer of inner cladding features (figs. 5 or 6);
where in a radially inner layer of inner cladding features centered around the core no first type of feature is present, such that, when viewed radially, all inner cladding features of the first type of feature are arranged radially outward of the radially innermost layer of inner cladding features (figs. 5 or 6);
wherein all of the inner cladding features of the first type of feature have identical mode properties (pars. 0005, 0054).
In Re claim 5, ‘129 teaches wherein the high-index regions of all first type of features are doped in the same way (par. 0063).
Furthermore, Applicant is claiming the product including the process of making the optical fiber, and therefore is of "product-by-process" nature. The courts have been holding for quite some time that the determination of the patentability of product-by-process claim is based on the product itself rather than on the process by which the product is made. In re Thrope, 777 F. 2d 695, 227 USPQ 964 (Fed. Cir. 1985); and patentability of claim to a product does not rest merely on a difference in the method by which that product is made. Rather, it is the product itself which must be new and unobvious. Applicant has chosen to claim the invention in the product form. Thus a prior art product which possesses the claimed product characteristics can anticipate or render obvious the claim subject matter regardless of the manner in which it is fabricated. A rejection based on 35 U.S.C. section 102 or alternatively on 35 U.S.C. section 103 of the status is eminently fair and acceptable. In re Brown and Saffer, 173 USPQ 685 and 688; In re Pilkington, 162 USPQ 147.
In Re claim 6, ‘129 teaches wherein the plurality of inner cladding features of the first type of feature are divided into at least a first group and a second group, wherein the first group has a different modal dispersion than the second group (since the features are not exactly identical in dimensions due to manufacturing tolerances the modal dispersions will be different as claimed).
In Re claim 11, ‘129 teaches wherein the set of first type of feature is located in a radially outermost layer of inner cladding features centered around the core, such that, when viewed radially, all of the first type of feature surrounded by six nearest neighbors of said second type of feature are arranged radially inward of the radially outermost layer (figs. 5 or 6).
In Re claim 12, ‘129 teaches wherein the outer cladding region (9 and cladding radially outward to the outer surface of 1) comprises an outer background material having the refractive index, n.sub.ob, (same material as 3) and further comprises a set of down-doped regions (air holes 9) having a refractive index n.sub.dd (air is 1) that is lower than the refractive index of the outer cladding background material.
In Re claim 13, ‘129 teaches wherein the set of down-doped regions is proximal to the set of first type of features (fig. 5).
In Re claim 14, ‘129 teaches a ring as claimed (fig. 5).
In Re claim 18, ‘129 teaches wherein the inner cladding region comprises no more than 24 inner cladding features of the first type (inner hexagonal arrangement of 4 makes up 12 or all of 4 as per pars. 0058 and 0069 as all of 4 have six airholes of 5 surrounding them).
In Re claim 19, ‘129 teaches wherein the first type of features have similar or identical modal properties, thereby enabling a more efficient suppression of higher order modes in the core region (par.0070).
In Re claim 20, ‘129 teaches identical cells as claimed (figs. 5 or 6).
In Re claim 21, ‘129 teaches wherein an outermost layer (9) of the inner cladding region consists solely of air holes (fig. 5).
In Re claim 22, ‘129 teaches wherein all optical modes supported by the first type of features have the same effective refractive index (pars. 0004 – 0005, 0071 – 0072).
In Re claim 17, ‘129 teaches an optical fiber (figs. 5 or 6) for guiding an optical signal, said optical fiber having a longitudinal, optical axis and a cross section perpendicular thereto (par. 0004), said optical fiber comprising:
a core region (2) being capable of guiding an optical signal in a fundamental core mode with an effective refractive index, n.sub.b, at an optical signal wavelength, λ.sub.1;
a cladding region surrounding the core region, the cladding region comprising an inner cladding region (3) having a refractive index, n.sub.b, (par. 0011) and an outer cladding region (9 or 10), said inner cladding region comprising:
a plurality of air holes (5, par. 0126); and
a plurality of resonators (4), each of said resonators comprising an air hole surrounded by a high-index region comprising a high-index material having a refractive index, n.sub.r, that is larger than the refractive index of the inner cladding region (par. 0124), each of said resonators configured for supporting an optical mode with an effective refractive index, n.sub.1, which is lower than or equal to the effective refractive index of the fundamental core mode, n.sub.c, at said optical signal wavelength, λ.sub.1 (pars. 0070 – 0073),
wherein the inner cladding region comprises no more than 24 resonators (interpreted as item 4 with six surrounding air holes 5 as described in par. 0035 of the instant application), and wherein there are no resonators present in a radially outermost layer from the core, thereby enabling a better modal performance (there are none in layers 9 or 10, or just immediately inside of these layers).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Alkeskjold (U.S. PG Pub. # 2013/0114129 A1).
‘129 teaches the fiber of claim 10 and an air cladding (9) as claimed, but is silent to the claimed distance. However, it is well known in the art to space cladding boundaries from one another at a desired distance so as to ensure optimal optical coupling between the claddings and the core so as ensure desired guidance along the cores and/or cladding.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the distance of the outer cladding as claimed so as to ensure optimal optical coupling within the cladding and core to ensure desired guidance along the cores and/or cladding since it has been held that where the general conditions 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHAD SMITH whose telephone number is (571)270-1294. The examiner can normally be reached M-F 7:30 - 5.
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/CHAD H SMITH/ Primary Examiner, Art Unit 2874