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 Rejections - 35 USC § 112
The 35 U.S.C. 112(b) rejection of claims 3 and 9 is withdrawn in view of applicants’ arguments and claim amendments.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-4 and 8-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent No. 10,392,721 to Nicholas Djeu (hereinafter “Djeu”).
Regarding claim 1, Djeu teaches a method for growing a single-crystal fiber (SCF) using a fiber growth machine having one or more actuators (see the Abstract, Figs. 1-6, and entire reference which teach a method for growing a SCF (18) using a fiber growth machine having, inter alia, a steel pedestal rod (410) whose vertical movement is controlled via a lead screw (440) and DC servomotor (450) while the horizontal position of the feed material (15) is controlled by motorized translation stages (280) and (290)), the method comprising:
receiving, via an electronic control unit (ECU), a set of image data from at least one digital camera (see Figs. 1-2, col. 3, l. 59 to col. 4, l. 3, col. 6, ll. 24-31, and col. 7, ll. 1-38 which teach that a controller (100) including a CPU (120) is adapted to control, inter alia, an imaging system (90) which acquires image data using a CCD camera which produces two-dimensional images of the molten zone (18)),
wherein the image data includes a first group of pixels of a feed fiber, a seed fiber, and a molten zone formed therebetween using a laser beam (see Figs.1-2 & 5, col. 3, l. 44 to col. 4, l. 13, and col. 7, ll. 50-54 which teach that the CCD camera obtains an image of a seed (17), the molten zone (18), and the feed material (15) with said image necessarily including a first group of pixels; moreover, the molten zone (18) is formed by heating with a laser beam (35));
identifying, via the ECU, a feature of interest within the first group of pixels; locating one or more position-identifying pixels within the feature of interest as a second group of pixels (see Figs. 1-2, col. 4, ll. 4-18, and col. 7, ll. 1-54 which teach that the location and measured brightness of the maximum brightness point is measured and this may be considered as a second group of pixels that is controlled by the controller (100) through a feedback loop in order to, inter alia, adjust the power attenuator of one of the lasers to stabilize the maximum brightness point about a preselected value); and
controlling a position of the feed fiber in real-time via the ECU using the second group of pixels while growing the SCF, including transmitting electronic position control signals to the one or more actuators (see Figs. 1-2, col. 4, ll. 4-18, and col. 7, ll. 1-54 which further teach that the controller (100) includes an algorithm which is able to control the speed of translation for both the feed transport mechanism (70) and the seed transport mechanism (80) in response to measurements of the maximum brightness of the maximum brightness point of the molten zone to produce a fiber (18) having the desired tapered shape).
Djeu does not explicitly teach that the horizontal position of the feed fiber is controlled in real-time via the ECU using the second group of pixels while growing the SCF to control the horizontal position of the feed fiber to reduced positional variations in the feed fiber. However, in Figs. 1 & 3 and col. 6, ll. 15-23 Djeu teaches that orthogonally oriented motorized translation stages (280) and (290) enable precise lateral positioning of the feed material (15) with respect to the focus of the combined laser beam (35) during SCF growth. Then in Figs. 1 & 4 and col. 6, ll. 46-67 Djeu further teaches that the seed transport mechanism (80) horizontally aligns the seed material (17) with the feed material (15) via a pair of orthogonally oriented motorized translation stages underneath a roller fixture (320). In this regard, controlling the horizontal movement of the feed material (15) instead of or in conjunction with the horizontal movement of the seed material (17) in order to control the horizontal position of the feed fiber to reduce positional variations would be considered as an alternative which achieves the same effect, namely that of aligning the longitudinal axes of the seed (17) and feed (15) materials with each other. Thus, a PHOSITA prior to the effective filing date of the invention would use the controller (100) in conjunction with the imaging system (90) to control the motorized translation stages (280) and (290) such that the horizontal position of the feed material (15) is adjusted in order to reduce positional variations during growth of the SCF based on changes in the location and maximum brightness point of the molten zone with the motivation for doing so being to maintain alignment between the feed material (15) and seed material (17) such that a SCF having a more uniform and consistent diameter is produced.
Regarding claim 2, Djeu teaches that identifying the feature of interest within the first group of pixels includes
identifying a saturated pixel cluster within the first group of pixels, the saturated pixel cluster having a threshold brightness level indicative of a location of the molten zone in the first group of pixels (see Figs. 1-2, col. 3, l. 59 to col. 4 l. 18, and col. 7, ll. 1-54 which teach that the measured brightness of the entirety of the molten zone may be considered as a first group of pixels which has a threshold brightness level and identifies the location of the molten zone);
locating the one or more position-identifying pixels includes identifying a center pixel of the saturated pixel cluster as a reference point (see Figs. 1-2, col. 3, l. 59 to col. 4 l. 18, and col. 7, ll. 1-54 which teach that the location and intensity of the maximum brightness point in the molten zone is determined and may be considered as a center pixel whose brightness and location is used as a reference point that is controlled by the controller (100)).
Djeu does not explicitly teach that the horizontal position of the feed fiber is controlled in response to a positional variation of the reference point. However, as noted supra with respect to the rejection of claim 1, in Figs. 1 & 3 and col. 6, ll. 15-23 Djeu teaches that orthogonally oriented motorized translation stages (280) and (290) enable precise lateral positioning of the feed material (15) with respect to the focus of the combined laser beam (35). Then in Figs. 1 & 4 and col. 6, ll. 46-67 Djeu further teaches that the seed transport mechanism (80) horizontally aligns the seed material (17) with the feed material (15) via a pair of orthogonally oriented motorized translation stages underneath a roller fixture (320). In this regard, controlling the horizontal movement of the feed material (15) instead of or in conjunction with the horizontal movement of the seed material (17) would be considered as an alternative which achieves the same effect, namely that of aligning the longitudinal axes of the seed (17) and feed (15) materials with each other. Thus, a PHOSITA prior to the effective filing date of the invention would use the controller (100) in conjunction with the imaging system (90) to control the motorized translation stages (280) and (290) such that the horizontal position of the feed material (15) is adjusted during growth of the SCF based on changes in the location and maximum brightness point of the molten zone with the motivation for doing so being to maintain alignment between the feed material (15) and seed material (17) such that a SCF having a more uniform and consistent diameter is produced.
Regarding claim 3, Djeu teaches maintaining a size and/or shape of the molten zone via the electronic position control signals, via the ECU, such that the reference point remains static (see Figs. 1-2, col. 4, ll. 4-18, and col. 7, ll. 1-54 which teach that the controller (100) includes an algorithm which controls the speed of translation for both the feed transport mechanism (70) and the seed transport mechanism (80) which necessarily controls the location and maximum brightness of the maximum brightness point of the molten zone such that it remains static during growth in order to produce a fiber (18) having the desired tapered shape; alternatively, a PHOSITA prior to the effective filing date of the invention would be motivated to use the controller (100) to adjust the speed of translation for the feed transport (70) and seed transport (80) mechanisms and to control the horizontal position of the feed material (15) via motorized translation stages (280) and (290) such that the maximum brightness point remains in a fixed location during SCF growth in order to produce a more uniform fiber with a constant shape and diameter).
Regarding claim 4, Djeu teaches varying a size and/or shape of the molten zone using the ECU, via control of the laser beam and/or a feed rate of the feed fiber, to thereby form a tapered profile in the fiber (see Figs. 1-2, col. 4, ll. 4-18, and col. 7, ll. 1-54 which further teach that the controller (100) includes an algorithm which is able to control the speed of translation for both the feed transport mechanism (70) and the seed transport mechanism (80) as well as the maximum brightness of the maximum brightness point of the molten zone to produce a fiber (18) having the desired tapered shape).
Regarding claim 8, Djeu does not explicitly teach the steps of receiving, via the ECU, a trigger signal from an external device, wherein the trigger signal is indicative of a requested initiation of a fiber growing process using the fiber growing machine; and requesting, via the ECU in response to the trigger signal, that the at least one digital camera commences collection of the image data. However, in col. 6, l. 32 to col. 7, l. 13 Djeu teaches that at the beginning of a fiber growth run an appropriate feed material (15) is placed at the top of the pedestal rod (410) and made to go through the feed guide (230) in the growth chamber (40) by using the controller (100) to drive a lead screw (440) using a DC servomotor (450). In this regard there necessarily is an external trigger signal such as, for example, a user pressing “enter” or a “start” button on a keyboard connected to the controller (100) in order to initiate movement of the feed material (15), to commence heating via the laser (35), to insert and then extract the seed fiber (17), and to activate the CCD camera so that SCF growth may be initiated, monitored, and controlled. Thus, a PHOSITA prior to the effective filing date of the invention would manually initiate the crystal growth process on the controller (100) after insertion of the desired feed material (15) and seed fiber (17) by, for example, pressing a button on a keyboard or other external controller with the motivation for doing so being to control the initiation of SCF growth at the desired place and time.
Regarding claim 9, Djeu teaches that the fiber growth machine includes a translatable platform having a plurality of actuators collectively operable for moving the translatable platform with two horizontal translational degrees of freedom, and wherein controlling the horizontal position of the feed fiber includes controlling the actuators via the electronic position control signals (see Figs. 1, 3, & 6 and col. 6, ll. 15-23 which teach that two orthogonally oriented motorized translation stages (280) and (290) are controlled by the controller (100) in order to control the position of a feed guide (230) and, consequently, to provide precise lateral positioning of the feed material (15) with respect to the focus of the combined laser beam (35)).
Claims 7 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Djeu in view of U.S. Patent No. 11,352,712 to Buric, et al. (“Buric”).
Regarding claim 7, Djeu teaches that receiving the set of image data from the at least one digital camera includes using a first camera to image a first optical axis of the feed fiber (see Figs. 1-2, col. 3, ll. 44-51, and col. 6, ll. 24-31 which teach the use of a first CCD camera which necessarily obtains an image of a first optical axis of the feed fiber(15)), but does not explicitly teach the use of a second camera to image a second optical axis of the feed fiber, and wherein the first optical axis of the feed fiber and the second optical axis of the feed fiber are mutually perpendicular. However, in Figs. 1-3 and col. 4, l. 13 to col. 7, l. 50 Buric teaches an analogous system and method of growing single crystal fibers by the laser-heated pedestal growth method. In col. 5, l. 57 to col. 6, l. 18 Buric specifically teaches the use of a camera array to observe and measure the molten zone which includes at least two cameras arranged 90° from each other while oriented axially to the fiber in order to provide a full picture of the location of the fiber with respect to the molten zone. Thus, a PHOSITA prior to the effective filing date of the invention would be motivated to utilize two 90° oriented cameras to provide a full picture of the location of the fiber and the molten zone such that more precise control of the diameter and uniformity of the single crystal fiber may be obtained.
Regarding claim 10, Djeu teaches that the at least one camera includes a first camera positioned on a first optical axis and operable for collecting portions of the image data on a first optical axis, and a mirror, wherein the first camera is configured to collect another portion of the image data that is reflected off of the mirror (see Figs. 1-2, col. 3, ll. 44-51, and col. 6, ll. 24-31 which teach the use of a first CCD camera in order to obtain images of the molten zone (18) via a plurality of relay mirrors with said images necessarily including at least an image of a first optical axis of the feed fiber(15)), but does not explicitly teach that the mirror is positioned on a second optical axis that is orthogonally arranged with respect to the first optical axis. However, as noted supra with respect to the rejection of claim 7, in Figs. 1-3 and col. 4, l. 13 to col. 7, l. 50 Buric teaches an analogous system and method of growing single crystal fibers by the laser-heated pedestal growth method. In col. 5, l. 57 to col. 6, l. 18 Buric specifically teaches the use of a camera array to observe and measure the molten zone which includes at least two cameras arranged 90° from each other while oriented axially to the fiber in order to provide a full picture of the location of the fiber with respect to the molten zone. Thus, a PHOSITA prior to the effective filing date of the invention would be motivated to orient the mirrors utilized in the system of Djeu by 90° about the longitudinal axis of the feed (15) and seed (17) materials to provide a full picture of the location of the fiber and the molten zone such that more precise control of the diameter and uniformity of the single crystal fiber may be obtained.
Response to Arguments
Applicants’ arguments filed June 17, 2026, have been fully considered but they are not persuasive.
Applicants argue that Djeu does not teach or suggest the use of an imaging system to control the horizontal position of the feed fiber and that the Examiner’s position is conclusory and based on improper hindsight reconstruction. See applicants’ 6/17/2026, pp. 7-8. Applicants’ argument is noted, but is unpersuasive. As detailed supra with respect to the rejection of claim 1, in Fig. 3 and col. 6, ll. 15-23 Djeu specifically teaches that translation stages (280) and (290) enable precise horizontal movement of the feed material (15) with respect to the focus of the combined laser beam (35) during SCF growth. Thus, in Djeu the horizontal position of the feed material (15) is controlled such that it aligns with the location of the laser beam (35). The only difference from the claim 1 is that control of the translation stages (280) and (290) in Djeu is not automated via the use of the CPU (120). However, it has previously been held that providing an automatic or mechanical means to replace a manual activity which accomplishes the same result is not sufficient to distinguish over the prior art. See In re Venner, 262 F.2d 91, 95, 120 USPQ 193, 194 (CCPA 1958). See also MPEP 2144.04(III). Thus, the step of controlling the horizontal position of the feed fiber via the ECU in response to changes in the location and maximum brightness of the molten zone may be considered as providing an automatic means to replace a manual activity which accomplishes the same result and, hence, may be considered as prima facie obvious. This is further supported by col. 7, ll. 1-13 of Djeu which teaches the use of the CPU (120) to automatically control the location of the seed transport mechanism (80) itself during growth based on measurements of, for example, the maximum brightness point of the molten zone. In this regard, utilizing the CPU (120) to control the horizontal position of the feed material (15) via translation stages (280) and (290) would involve nothing more than the use of a known process, device, or apparatus according to its intended use which supports a showing of prima facie obviousness. The application of a known technique to a known device, method, or product ready for improvement to yield predictable results supports a prima facie determination of obviousness. See, e.g., MPEP 2143(D). In response to applicant's argument that the examiner's conclusion of obviousness is based upon improper hindsight reasoning, it must be recognized that any judgment on obviousness is in a sense necessarily a reconstruction based upon hindsight reasoning. But so long as it takes into account only knowledge which was within the level of ordinary skill at the time the claimed invention was made, and does not include knowledge gleaned only from the applicant's disclosure, such a reconstruction is proper. See In re McLaughlin, 443 F.2d 1392, 170 USPQ 209 (CCPA 1971).
Conclusion
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 KENNETH A BRATLAND JR whose telephone number is (571)270-1604. The examiner can normally be reached Monday- Friday, 7:30 am to 4:30 pm EST.
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/KENNETH A BRATLAND JR/Primary Examiner, Art Unit 1714
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