DETAILED ACTION
Examiner has received and accepted the amended claims and remarks filed on 10 August 2026. These amended claims and remarks are the claims and remarks being referred to in the instant Office Action.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 10 August 2026 has been entered.
Response to Arguments
Applicant's arguments filed have been fully considered but they are not persuasive.
Regarding Claim 16, Applicant argues the specification enables the claim according to the disclosure of [0030 - 0032]. Examiner respectfully disagrees.
The cited paragraphs does not provide guidance nor working example pertaining to how “the reference unit determin[es] the tensile, force or strain based on a comparison of the light intensity signal from the light detection circuit and the light intensity signal of the reference light detection circuit” (Claim 11) when “the reference fiber is free from fiber Bragg grating etching” (Claim 16). Applicant discloses an embodiment which relies on both the fiber and reference fiber being functionally the same, except for the reference fiber is not subject to force or strain [0030]. As such, the difference between the two outputs is only due to force, tensile or strain [0031, 0032] therefore clearly allowing for detection of these variables. In the embodiment of Claim 16, the reference fiber is replaced with one that has no gratings while still not being subject to force or strain. The difference between the fibers is now not only due to force, tensile or strain. Therefore, the difference between the two outputs is also not only due to force, tensile or strain. The specification does not disclose nor provide guidance nor provide working examples as to how force, tensile or strain is determined from such an output. As such, the rejection of Claim 16 is maintained.
Regarding Claim 1, Applicant argues Park does not disclose “wherein application of a strain or force to the fiber Bragg grating causes a Bragg wavelength shift in the light reflected by the fiber Bragg grating etching, and wherein variations in the strain monotonically lead to the direct variations in total intensity of light received by the light detection circuit”. Examiner respectfully disagrees.
During patent examination, the pending claims must be “given their broadest reasonable interpretation consistent with the specification.” See MPEP 2111.
First, it should be noted portions of this claim language are unclear as discussed in the 112(b) Rejection below. Park teaches a wavelength shift in Figure 2. The Bragg wavelength is shown in the top graph as being essentially a single wavelength when no strain or force is applied (Figure 2). As strain or force is increasingly applied, as shown in each successive graph, the wavelengths shift to other wavelengths, notably minimizing the wavelength when no strain or force is applied, thus meeting the instant claim limitation of “application of a strain or force to the fiber Bragg grating causes a Bragg wavelength shift in the light reflected by the fiber Bragg grating etching”. As the variations in strain (each graph in Figure 2 represents a variation in strain) leads to variations in the total intensity of light received by the detection circuit i.e. the light not reflected, it appears “variations in the strain monotonically lead to the direct variations in total intensity of light received by the light detection circuit” has also been taught.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 1 – 19 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.
Regarding Claims 1 and 10, the claim recites “variations in the strain monotonically lead to direct variations in the total intensity of light received by the light detection circuit”. It is unclear as to what “monotonically leading to direct variations in total intensity of light” in intensity of light is, thus rendering the claim indefinite. For example, Merriam-Webster defines “monotonic” as having the property either of never increasing or of never decreasing as the values of the independent variable or the subscripts of the terms increase. As that claim utilizes the term in context of “variations in total intensity of light”, it is unclear as to how variations can be present when monotonic relies on something never increasing and never decreasing.
Claims dependent upon a rejected claim are therefore rejected as well.
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 16 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention.
Regarding Claim 16, the claim pertains to the embodiment where the reference unit determines tensile, force or strain via comparison between the light intensity signals from the two light detection circuits, where the reference fiber is free from a fiber Bragg grating etching. The specification does not disclose how the comparison results in a determination of tensile, force or strain specifically with a reference fiber with no gratings. Turning to the Wands factors, no working examples are provided nor are any located in the art. Furthermore, no guidance is provided by the applicant. As such, the claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention.
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.
Claim(s) 1 – 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Park (WO 2007/043716), in view of Brock et al. (GB 2532031).
Regarding Claim 1, as best understood, Park discloses a fiber Bragg grating sensor arrangement, in at least Figure 4, comprising: light emitting diode (41) for outputting light [46, 53]; a fiber (17) having a first end disposed to receive light output from the light emitting diode (left side) (Figure 4), the fiber including fiber Bragg grating etching [34]; a bonding agent coupling the fiber to a subject of measurement [29]; and a light detection circuit (including 43) disposed at a second end of the fiber for receiving light traveling through the fiber (Figure 4), the light detection circuit for sensing intensity of the received light that corresponds to strain or force applied to the subject of measurement [50 – 53, 76 - 78], wherein application of a strain or force to the fiber Bragg grating causes a Bragg wavelength shift in the light reflected by the fiber Bragg grating etching (Figure 2), and wherein variations in the strain monotonically lead to direct variations in total intensity of light received by the light detection circuit (as Figure 2 shows intensity of reflection changing, the intensity of received light would also vary) [53].
Park fails to expressly disclose the LED is a resonant cavity LED but does require the LED to have a broad wavelength bandwidth [46].
Brock teaches an LED which is a resonant cavity LED (Page 14, lines 29 – 31).
As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the applicant’s invention to modify Park so that the LED is a resonant cavity LED for the benefit of utilizing a source known broad wavelength bandwidth that is also low cost, as taught by Brock (Page 14, lines 29 – 31).
Regarding Claim 2, Park discloses the light detection circuit includes a photodetector (43).
Park fails to expressly disclose the circuit includes a power source and an operational amplifier.
Examiner takes Official Notice it is common knowledge in the art to utilize a power source and operational amplifier with a photodetector as photodetectors often output a weak current and the power source and amplifier allow for conversion to a usable signal.
As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the applicant’s invention to modify the combination to include a power source and an operational amplifier for the benefit of outputting a strong signal for further use.
Regarding Claim 3, Park discloses the fiber Bragg grating sensor arrangement is free from an optical circulator (Figure 4).
Regarding Claims 4 and 5, the combination fails to expressly disclose whether the fiber is a single-mode fiber and a multimode fiber.
Examiner takes Official Notice it is common knowledge in the art single mode fibers are better for longer distances while multimode fibers are better for shorter distances.
As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the applicant’s invention to modify the combination to utilize either a single mode fiber or a multimode fiber for the benefit of selecting a fiber whose characteristics best match the measuring situation e.g. distances between light source, grating, and light detector, as well as based on cost.
Regarding Claim 6, Park discloses the fiber is mounted to a pylon (11, 13) for sensing strain thereon (Figure 4).
Regarding Claim 7, Park discloses the fiber is mounted to a bridge support (11, 13) for sensing strain thereon [29] (Figure 4).
Regarding Claim 8, Park discloses the bonding agent is an adhesive securing a length of the fiber to the subject [29].
Regarding Claim 9, Park discloses the bonding agent is a cement (epoxy; Merriam-Webster defines cement as “binding element or agency: such as a substance to make objects adhere to each other”) bonding the fiber to the subject formed by the cement [29].
Regarding Claim 20, as best understood, Park discloses application of a strain or force to the fiber Bragg grating causes a Bragg wavelength shift in the light reflected by the fiber Bragg grating etching (Figure 2), and wherein the light detection circuit is configured to sense a monotonic change in total intensity of light due to the wavelength shift [53].
Claim(s) 10 – 15 and 17 - 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Park (WO 2007/043716), in view of Brock et al. (GB 2532031), in further view of Zhu et al. (CN 106441658). Citations pertaining to Zhu refer to the attached English translation.
Regarding Claim 10, Park discloses a fiber Bragg grating sensor arrangement, in at least Figure 4, comprising: light emitting diode (41) for outputting light [46, 53]; a fiber (17) having a first end disposed to receive light output from the light emitting diode (left side) (Figure 4), the fiber including fiber Bragg grating etching [34]; a bonding agent coupling the fiber to a subject of measurement [29]; and a light detection circuit (including 43) disposed at a second end of the fiber for receiving light traveling through the fiber (Figure 4), the light detection circuit for sensing intensity of the received light that corresponds to strain or force applied to the subject of measurement [50 – 53, 76 - 78], wherein application of a strain or force to the fiber Bragg grating causes a Bragg wavelength shift in the light reflected by the fiber Bragg grating etching (Figure 2), and wherein variations in the strain monotonically lead to direct variations in total intensity of light received by the light detection circuit (as Figure 2 shows intensity of reflection changing, the intensity of received light would also vary) [53].
Park fails to expressly disclose the LED is a resonant cavity LED but does require the LED to have a broad wavelength bandwidth [46].
Brock teaches an LED which is a resonant cavity LED (Page 14, lines 29 – 31).
As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the applicant’s invention to modify Park so that the LED is a resonant cavity LED for the benefit of utilizing a source known broad wavelength bandwidth that is also low cost, as taught by Brock (Page 14, lines 29 – 31).
Nevertheless, the combination fails to expressly disclose a reference fiber having a first end disposed to receive light output from the resonant cavity light emitting diode; and a reference light detection circuit disposed at a second end of the reference fiber for receiving light traveling through the reference fiber, the reference light detection circuit for sensing intensity of the received light that corresponds to no strain or force applied to the reference fiber.
Zhu teaches a reference fiber (fiber having reference grating) for sensing intensity of the received light that corresponds to no strain or force applied to the reference fiber (as it is suspended) [0004].
As such, it would have been obvious to one of ordinary skilled in the art before the effective filing date of the applicant’s invention to modify the combination to include a reference fiber and duplicate the light emitter and detector i.e. include a reference fiber having a first end disposed to receive light output from the resonant cavity light emitting diode; and a reference light detection circuit disposed at a second end of the reference fiber for receiving light traveling through the reference fiber, the reference light detection circuit for sensing intensity of the received light that corresponds to no strain or force applied to the reference fiber for the benefit of compensating for error caused by temperature changes, as taught by Zhu [0004].
Regarding Claim 11, the combination renders obvious a reference unit for receiving a light intensity signal from the light detection circuit (Park’s circuit) and a light intensity signal from the reference light detection circuit (as rendered obvious in the rejection of Claim 10 above), the reference unit determining the tensile, force or strain based on a comparison of the light intensity signal from the light detection circuit and the light intensity signal of the reference light detection circuit (Zhu teaches strain and temperature affect a single Bragg grating, utilizing the reference grating to eliminate effects due to temperature) [0004].
It would have been obvious to one of ordinary skill in the art to include a reference unit to perform the steps as rendered obvious for the benefit of automating the data collection and output to the user.
Regarding Claim 12, Park discloses the light detection circuit includes a photodetector (43).
Park fails to expressly disclose the circuit includes a power source and an amplifier.
Examiner takes Official Notice it is common knowledge in the art to utilize a power source and amplifier with a photodetector as photodetectors often output a weak current and the power source and amplifier allow for conversion to a usable signal.
As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the applicant’s invention to modify the combination to include a power source and an amplifier for the benefit of outputting a strong signal for further use.
Regarding Claim 13, Park discloses the fiber Bragg grating sensor arrangement is free from an optical circulator (Figure 4).
Regarding Claims 14, 15, and 19, Zhu discloses the reference fiber includes fiber Bragg grating etching [0004].
Nevertheless, the combination fails to expressly disclose whether the fibers are single-mode fibers or multimode fibers.
Examiner takes Official Notice it is common knowledge in the art single mode fibers are better for longer distances while multimode fibers are better for shorter distances.
As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the applicant’s invention to modify the combination to utilize either a single mode fibers or a multimode fibers, including both being single mode fibers for the benefit of selecting a fiber whose characteristics best match the measuring situation e.g. distances between light source, grating, and light detector, as well as based on cost.
Regarding Claim 17, Park discloses the bonding agent is an adhesive securing a length of the fiber to the subject [29].
Regarding Claim 18, Park discloses the bonding agent is a cement (epoxy; Merriam-Webster defines cement as “binding element or agency: such as a substance to make objects adhere to each other”) bonding the fiber to the subject formed by the cement [29].
Conclusion
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ALEXANDER A. MERCADO
Primary Examiner
Art Unit 2855
/ALEXANDER A MERCADO/ Primary Examiner, Art Unit 2855
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