DETAILED ACTION
This office action is in response to the application and claims filed on January 17, 2024. Claims 1-8 are pending, with claim 1 as the sole independent claim.
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 prior art documents submitted by Applicant in the Information Disclosure Statements filed on April 16, 2025, April 10, 2024, and January 17, 2024, have been considered and made of record (note attached copy of forms PTO-1449).
Drawings
The original drawings (eight (8) pages) were received on January 17, 2024. These drawings are acknowledged.
Claim Objections
Claim 1 is objected to because of the following informalities: regarding claim 1, the phrase “and output the pulsed light to an outside” is awkward and should be reviewed. Also note the 35 U.S.C. 112(b) rejection below for indefiniteness. Appropriate correction is required.
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 1-8 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claim 1 is rejected in the following paragraph, with claims 2-8 also rejected herein under indefiniteness as inherently including all such limitations of the independent claim.
Regarding claim 1, the term “to an outside” in the claim body of the phrase “and output the pulsed light to an outside” is a relative term which renders the claim indefinite, and is awkwardly drafted. The claim scope of “to an outside” is not immediately clear based on this drafting, because other optical and/or electrical features are used for these features of the “light source device” of the Figs. and Applicant’s original specification. The term “to an outside” is not clearly defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. For these reasons, this claim phrase should be corrected and claim 1 is found indefinite under the meaning of 35 U.S.C. 112(b).
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.
Claim 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Igari et al. WO 2014/148511 A1 (note English translation in attached PTO-892 reference U).
Igari et al. WO 2014/148511 A1 teaches (ABS; Figs. 1-5; corresponding text, in particular paragraphs [0014] – [0049]; English translation pgs. 2-7; Claims) a light source device (see Figs. 1-5) comprising: a fiber laser 20 including an excitation light source and configured to output pulsed light 22 generated according to excitation light from the excitation light source (Fig. 1; para [0016] – [0018]); a fiber amplifier 30 configured to receive the pulsed light output from the fiber laser, amplify the pulsed light, and output the amplified pulsed light (Fig. 1; para [0019] – [0021]); a wavelength shift fiber 40 configured to receive the pulsed light output 32 from the fiber amplifier, shift a wavelength of the pulsed light, and output the pulsed light (Figs. 1-2; para [0022] – [0024]; generation of a supercontinuum (SC), which implies a shift); an output fiber configured to receive the pulsed light output from the wavelength shift fiber, and output the pulsed light to an outside (note 35 U.S.C. 112(b) rejection for “outside”, scope is met by Fig. 1 and para [0024] of Igari for the “output”); a light detection element 52 configured to detect, in the output fiber, the pulsed light having passed through at least the wavelength shift fiber (Fig. 1 and para [0025] – [0027]); and a control unit 70 configured to control a drive current of the excitation light source (Fig. 1; para [0032] – [0040]; implicit control of driving of the laser diode(s) must occur, as being electrically pumped), wherein the light detection element is capable of detecting light in a partial wavelength band of the pulsed light having passed through the wavelength shift fiber (para [0046]; a filter is found between the fiber 40 and the detector 52 which filters out amplified pulsed light and is capable of sensing simply the SC light), and the control unit is capable of executing, by changing the drive current of the excitation light source in one direction according to an output value of the light detection element, acquisition processing of acquiring a specified current value of the drive current at which the output value of the light detection element is greater than or equal to a specified value (Fig. 5; para [0045] – [0049]; an increase in output in pumping until a max level reached), and therefore all claimed structural limitations of clearly met and thus anticipated. Igari WO ‘511 is capable of all functional language found in claim 1, based on this structure.
Further, the Examiner fully incorporates, and agrees with, the logic and rationale found in the Annex to the Search Report and updated Written Opinion from EP ‘5630. Such features show how the structure of the currently filed claims is anticipated by the structure of the Igari prior art for at least the independent claim.
Claims 1-8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fermann et al. US 2006/0198398 A1.
Fermann et al. US 2006/0198398 A1 teaches (ABS; Figs. 8A-8G; corresponding text, in particular paragraphs [0088] – [0124]; Claims) a light source device (see Figs. 8A-8G) comprising: a fiber laser 801 including an excitation light source and configured to output pulsed light generated according to excitation light from the excitation light source (Figs. 8A-8B; para [0088] – [0089], [0103] – [0108]); a fiber amplifier 803 configured to receive the pulsed light output from the fiber laser, amplify the pulsed light, and output the amplified pulsed light (Fig. 8A; para [0088] – [0089]); a wavelength shift fiber 805 configured to receive the pulsed light output 32 from the fiber amplifier, shift a wavelength of the pulsed light, and output the pulsed light (Fig. 8A; para [0090]; generation of a supercontinuum (SC), which implies a shift); an output fiber configured to receive the pulsed light output from the wavelength shift fiber, and output the pulsed light to an outside (note 35 U.S.C. 112(b) rejection for “outside”, scope is met by Fig. 8A; and para [0091] of Fermann for the “output”); a light detection element 818 configured to detect, in the output fiber, the pulsed light having passed through at least the wavelength shift fiber (Fig. 8A and para [0091] – [0092]); and a control unit 819 configured to control a drive current 840 of the excitation light source 830 (Figs. 8A-8C; para [0093]), wherein the light detection element is capable of detecting light in a partial wavelength band of the pulsed light having passed through the wavelength shift fiber (Fig. 8A; para [0091] – [0092]; different spectral splitters 815 / 816 are found in each arm, therefore short wavelengths and long wavelengths are split from the SC), and the control unit is capable of executing, by changing the drive current of the excitation light source in one direction according to an output value of the light detection element, acquisition processing of acquiring a specified current value of the drive current at which the output value of the light detection element is greater than or equal to a specified value (para [0092], [0108], [0109]]; an increase in the pump current to a desired number in order to improve mode-locking of the laser), and therefore all claimed structural limitations of clearly met and thus anticipated. Fermann US ‘398 is capable of all functional language found in claim 1, based on this structure.
Further, the Examiner fully incorporates, and agrees with, the logic and rationale found in the Annex to the Search Report and updated Written Opinion from EP ‘5630. Such features show how the structure of the currently filed claims is anticipated by the structure of the prior art. See Section (4) for the dependent claims as follows.
Regarding dependent claim 2, Fermann teaches structure for the light in the partial wavelength band includes a wavelength component caused by a wavelength band generated in the pulsed light by passing through the wavelength shift fiber (Fig. 8A of Fermann; paras [0091], [0092], [0108], [0109]).
Regarding claim 3, Fermann teaches the control unit executes, after the acquisition processing, setting processing of further changing the current value of the excitation light source from the specified current value in the one direction and setting the drive current as the drive current of the excitation light source (Fig. 8A of Fermann; paras [0091], [0092], [0108], [0109]).
Regarding claim 4, Fermann teaches wherein the control unit, in the acquisition processing, changes the drive current of the excitation light source so as to increase the drive current from a lower limit value according to the output value of the light detection element (Fig. 8A of Fermann; paras [0091], [0092], [0108], [0109]).
Regarding claim 5, Fermann teaches structure wherein the light detection element is disposed to detect the pulsed light output from the output fiber (Fig. 8A of Fermann; paras [0091], [0092], [0108], [0109]).
Regarding claim 6, Fermann teaches structure which comprises a filter provided between the wavelength shift fiber and the light detection element so that the light in the partial wavelength band enters the light detection element, wherein the output fiber includes a non-linear fiber, and the filter includes a short-pass filter provided between the non- linear fiber and the light detection element so that the light in the partial wavelength band on a short wavelength side of the pulsed light having passed through the non-linear fiber enters the light detection element (Fig. 8A of Fermann; paras [0091], [0092], filters 815 / 816).
Regarding claim 7, Fermann teaches wherein the light detection element is disposed to detect the pulsed light input to the output fiber (Fig. 8A of Fermann; paras [0091], [0092], filters 815 / 816).
Regarding claim 8, Fermann further comprises a filter provided between the wavelength shift fiber and the light detection element so that the light in the partial wavelength band enters the light detection element, wherein the filter includes a long-pass filter provided between the wavelength shift fiber and the light detection element so that the light in the partial wavelength band on a long wavelength side of the pulsed light having passed through the wavelength shift fiber enters the light detection element (Fig. 8A of Fermann; paras [0091], [0092], filters 815 / 816).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
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 1 is rejected under 35 U.S.C. 103 as being unpatentable over Mutsumi et al. JP 2004 356367 A, and further in view of Fermann et al. US 2006/0198398 A1.
Regarding independent claim 1, Mutsumi et al. JP 2004 356367 A teaches (ABS; Figs. 1-3, 7; corresponding text, in particular paragraphs [0001], [0011] – [0030], [0047], [0048]; English translation pgs. 2-7; Claims) a light source device (see Figs. 1-3, 7) comprising: a fiber laser 10 including an excitation light source and configured to output pulsed light generated according to excitation light from the excitation light source (Fig. 1; para [0011] – [0012]); a fiber amplifier 30 configured to receive the pulsed light output from the fiber laser, amplify the pulsed light, and output the amplified pulsed light (Fig. 1; para [0013] – [0015]); an output fiber configured to receive the pulsed light output from the wavelength shift fiber, and output the pulsed light to an outside (note 35 U.S.C. 112(b) rejection for “outside”, scope is met by Fig. 1 and para [0019] of Mutsumi for the “output”); a light detection element 51 configured to detect, in the output fiber (Fig. 1 and para [0019]); and a control unit 53 configured to control a drive current of the excitation light source 11 (Fig. 1; para [0019] – [0024]), wherein the light detection element is capable of detecting light in a partial wavelength band of the pulsed light (para [0019] – [0021], [0047], [0048]; detecting or sensing capable at 51 of Mutsumi), and the control unit is capable of executing, by changing the drive current of the excitation light source in one direction according to an output value of the light detection element, acquisition processing of acquiring a specified current value of the drive current at which the output value of the light detection element is greater than or equal to a specified value (Figs. 2-7, para [0019 – [0021], [0026]; in the case of mode-locking, Mutsumi ‘367 teaches can reduce the drive current to zero and overall teaches that subsequently lasing in a mode-locked state is then resumed by increasing such drive current to a specified number as in Fig. 7, which meets the functional features for the “control unit”).
Regarding claim 1, Mutsumi JP ‘367 does not expressly and exactly teach the “wavelength shift fiber”, and the pulsed light passes through such wavelength shift fiber, in that such features are arranged in combination with the other optical features found in the claims as a whole (the wavelength shift fiber operates to receive the pulsed light output from the fiber amplifier, shift a wavelength of the pulsed light, and output the pulsed light; and the output fiber is configured to receive the pulsed light output from the wavelength shift fiber, and output the pulsed light to an outside; with the detector having light detected that passed through this wavelength shift fiber).
However, the close prior art of Fermann et al. US 2006/0198398 A1 teaches (ABS; Figs. 8A-8G; corresponding text, in particular paragraphs [0088] – [0124]; Claims) a light source device (see Figs. 8A-8G) comprising: a fiber laser 801 including an excitation light source and configured to output pulsed light generated according to excitation light from the excitation light source (Figs. 8A-8B; para [0088] – [0089], [0103] – [0108]); a fiber amplifier 803 configured to receive the pulsed light output from the fiber laser, amplify the pulsed light, and output the amplified pulsed light (Fig. 8A; para [0088] – [0089]); a wavelength shift fiber 805 configured to receive the pulsed light output 32 from the fiber amplifier, shift a wavelength of the pulsed light, and output the pulsed light (Fig. 8A; para [0090]; generation of a supercontinuum (SC), which implies a shift); an output fiber configured to receive the pulsed light output from the wavelength shift fiber, and output the pulsed light to an outside (note 35 U.S.C. 112(b) rejection for “outside”, scope is met by Fig. 8A; and para [0091] of Fermann for the “output”); a light detection element 818 configured to detect, in the output fiber, the pulsed light having passed through at least the wavelength shift fiber (Fig. 8A and para [0091] – [0092]); and a control unit 819 configured to control a drive current 840 of the excitation light source 830 (Figs. 8A-8C; para [0093]), wherein the light detection element is capable of detecting light in a partial wavelength band of the pulsed light having passed through the wavelength shift fiber (Fig. 8A; para [0091] – [0092]; different spectral splitters 815 / 816 are found in each arm, therefore short wavelengths and long wavelengths are split from the SC), and the control unit is capable of executing, by changing the drive current of the excitation light source in one direction according to an output value of the light detection element, acquisition processing of acquiring a specified current value of the drive current at which the output value of the light detection element is greater than or equal to a specified value (para [0092], [0108], [0109]]; an increase in the pump current to a desired number in order to improve mode-locking of the laser). Therefore, such featured usage with a wavelength shift fiber is taught and used for the known purpose in Fermann for the generation of a shifted optical signal wavelength.
Since Mutsumi JP ‘367 and Fermann are both from the same field of endeavor, the purpose disclosed by Fermann would have been recognized in the pertinent art of Mutsumi JP ‘367.
A person having ordinary skill in the art at a time before the effective filing date of the current application would have recognized the teaching of Fermann, to use a wavelength shift fiber as oriented in the light source device system configuration, into the base design of the laser source of Mutsumi JP ‘367, to allow for such wavelength shifts to be detected in the manner as outlined by Fermann, to improve the resultant optical output by such wavelength-shift. Further, it would have required no undue burden or unnecessary experimentation to arrive at such feature of a “wavelength shift fiber” being added into the similar system of Mutsumi. See KSR v. Teleflex, 127 S.Ct. 1727 (2007). For these reasons, independent claim 1 is found obvious over Mutsumi JP ‘367and further in view of Fermann.
Further, the Examiner fully incorporates, and agrees with, the logic and rationale found in the Annex to the Search Report and updated Written Opinion from EP ‘5630. Such features show how the combination of Mutsumi JP ’367 and Fermann making obvious the combination of structure in claim 1. See Sections 3 and 3.1 – 3.7 for the independent claim 1 made obvious over such prior art references.
Inventorship
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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: PTO-892 form references A-C, which pertain to the state of the art of laser sources using amplifiers, seeds, pumps, wavelength shifting means, and other optical componentry to output a strong and usable laser signal. References U and V are English translations from the documents to Igari WO ‘511 and Mutsumi JP ‘367 used in rejections herein.
Applicant’s cooperation is respectfully requested to make substantial claim amendments (structural and/or function) to at least independent claim 1.
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/DANIEL PETKOVSEK/Primary Examiner, Art Unit 2874 January 23, 2026