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 .
Response to Amendment
The amendment filed 06/17/2026 has been entered.
Claims 4-7 are amended.
Claims 1-23 remain pending and are examined herein on the merits.
Applicant’s amendments to the claims have PARTIALLY overcome the 112(b) rejections previously set forth in the Non-Final Office Action mailed 03/24/2026 (hereinafter the OA).
Specifically:
The rejection of claim 4 is overcome.
The rejection of claim 5 is partially overcome as one of the uses of the indefinite term “such as” is amended but a second remains (see updated rejections under 35 USC 112 below).
The rejection of claim 6 is partially overcome as one of the uses of the indefinite term “such as” is amended but a second remains (see updated rejections under 35 USC 112 below).
The rejection of claim 7 is overcome with regard to the language of claim 7 but is updated and reiterated as claim 7 depends from indefinite claims 5 and 6 (see updated rejections under 35 USC 112 below).
Response to Arguments
Applicant's arguments filed 06/17/2026 (hereinafter, Remarks) have been fully considered but they are not persuasive regarding the rejections under 35 USC 103 (see treatment of 112(b) rejections above).
Specifically, applicant begins by charactering Gotthold (Remarks, p.6 and on to p.7) and arguing that Gotthold “discloses a complete, operative solution to the precise problem of transmitting light between a fixed fiber and an axially-moveable fiber” (Remarks, p.6) and as such a person of ordinary skill would not look elsewhere to “redesign it with lenses” (Remarks, p.7) from Liu.
Further, applicant characterizes Liu and argues that “Liu's ball lenses serve a different purpose and do not couple light between two fibers” and “Liu's lenses are not positioned between two fibers” (Remarks, p.7). Such that there is no “embodiment in which collimating/decollimating ball lenses couple light from a first fiber into the first end of a second, fiber, as opposed to into a non-fiber sensing element or tube segment” (Remarks, p.8).
Applicant, concludes this line of argument stating that “Because the only structure in either reference that joins two fibers (Gotthold's FIG. 18 bore 318) uses no lens, and the only structure that uses collimating/decollimating ball lenses (Liu) does not join two discrete fibers, neither reference--alone or in combination--discloses or suggests "a second optical element to decollimate light into a first end of a second fiber" in the specific arrangement recited in claims 1, 12, and 19.” (Remarks, p.8)
In response to applicant's argument that the references are operable alone (of course they are) and that a redesign would be required to incorporate the teachings is unpersuasive because the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981).
In the instant application the combined references teach each element and provide the motivation and suggestion to combine these references (see below regarding the teaching suggestion and motivation to combine).
Further, in response to applicant's arguments against the references individually (Liu teaches the lenses but not the dual fibers; Gotthold teaches the fibers but not the separate lenses), one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
Applicant then argues that “the office action does not articulate sufficient reasoning for combining Liu and Gotthold” (Remarks, p.8). While applicant admits rationale is given, applicant considered such reasoning generic and “fails to bridge the gap between the references as actually combined” (Remarks, p.8).
In response to applicant’s argument that there is no teaching, suggestion, or motivation to combine the references, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007).
In this case, at least Liu provides this teaching / suggestion / motivation and is clear about the use of lenses to transmit light in fiber optical temperature sensors, paragraph [0061] is directly cited in the OA at p.5, which teaches and motivates one of ordinary skill to employ lenses to “transmit and focus or collimate light from the optical fiber”.
Additionally, the while the specific citations in the OA are to the specific portions of the prior art that Examiner felt were most pertinent the documents are cited broadly for all they teach (see MPEP 2123 stating that references “are part of the literature of the art, relevant for all they contain.”)
In this case, both documents have large portions devoted to light transmission in temperature sensors. See additionally, at least [0043] and fig. 10 of Gotthold showing lenses between fibers and teaching and motivating by stating “A lens, as shown, is attached to the mating ends of each of the waveguide 41 and optical fiber 87 in order to more efficiently couple radiation between the two” (cited in the OA at p.4, referencing [0043] and fig. 10 of Gotthold).
As such it is unpersuasive that one of ordinary skill would not have the teaching suggestion and motivation to use lenses for collimate light between fibers in a temperature sensor.
Finally, applicant argues that the “incorporating” (Remarks, p.8) of Liu’s lenses into Gotthold’s bore will not work without “a basic redesign of how each mechanism is intended to work” (Remarks, p.9).
As above, in response to applicant's argument that the cited reference should be “incorporated”, the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981).
In the instant case, the combined teachings of Gotthold and Liu would have taught and suggested to those of ordinary skill in the art to use lenses to provide efficient light/radiation coupling/transmitting and collimation to designs requiring such, not to incorporate one design into the other as argued.
Therefore, the position of the office must remain that upon knowledge of the cited art one of ordinary skill in the art would have had all the information, teaching, suggestion and motivation required to make the invention as claimed at the time it was made.
See rejections under 35 USC 103 updated and reiterated below.
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 5-7 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 5-6, the phrases "such as" (used one in each of these claims) renders the claims indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
As best understood for purpose of examination and in order to expedite prosecution these limitations will be considered exemplary and not given weight.
However, positive in claim recitation of the metes and bounds applicant intends to claim is required.
Claim 7 is rejected as above by dependency from claims 5 and 6.
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.
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.
Claims 1-6 and 8-23 are rejected under 35 U.S.C. 103 as being unpatentable over Gotthold et al. (US 20080225926; hereinafter Gotthold) in view of Liu et al. (US 20210080328; hereinafter Liu).
Regarding claim 1, Gotthold teaches a fiber optic temperature probe (abstract; fig. 18) comprising:
a first fiber (320; [0054] “fixed fiber 320”) coupled to a connector assembly (connection assembly of temperature sensor 300 with constituent parts for connecting the device; see at least fig. 18 showing such parts for coupling thereto; [0054-55]);
a second fiber (308; [0051] “moveable fiber 308”) coupled to the connector assembly (see at least fig. 18 showing such coupling; [0051-54]),
wherein the connector assembly includes a first optical element to couple light from the first fiber and a second optical element to couple light into a first end of a second fiber (fig. 10 shows a form for passing light between fibers with a first and second optical elements which are a pair of hemispheric lenses; [0043] teaches regarding fig. 10 that “A lens, as shown, is attached to the mating ends of each of the waveguide 41 and optical fiber 87 in order to more efficiently couple radiation between the two.”); and
a temperature sensor (306 / 406; see figs. 18 and 19 respectively) coupled to a second end of the second fiber ([0050-51] teaches that the “thermographic (temperature-dependent luminescence properties) phosphor layer 306” is attached to the second end of the second/movable fiber via contact 304; see fig. 18).
Gotthold does not directly state that that the lenses on the ends of the fibers facing each other for coupling the light /radiation signal specifically collimate and de-collimate the light / radiation.
However, Liu teaches a fiber optic temperature probe (abstract) having ball lenses ([0059]; see figs. 5 and 8) which collimate / de-collimate the light (see [0054]; [0061] and figs. 5, 6, 7 and 8 showing the collimating / de-collimating of the light paths via the ball lenses).
Therefore, before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to modify the light coupling lenses for an optical temperature sensor of Gotthold with the specific knowledge of using lenses, including ball lenses, for an optical temperature sensor to collimate and couple the light of Liu. This is because such collimation allows for directing and transmitting the light in a desired manner (see at least [0061] of Liu regarding direction/guiding/focusing/collimating of the light via these lenses; see also [0043] and fig. 10 of Gotthold). This is important in order to provide an accurate transmission of the light signal from the temperature sensor.
Regarding claim 2, Gotthold teaches that the first optical element and the second optical element are located within a spring-loaded (resilient member / spring 310; see [0052-53] and fig. 18; see also 414, [0060] and fig. 19) vacuum (abstract teaches that the device is used in a “vacuum processing chamber” see also [0048] and generally fig. 1; [0055] teaches that the base 328 forms a vacuum seal on the outer side of the device; fig. 19 shows that the spring loaded device is open to the vacuum of the chamber; as such the interior of the device with the optical elements is a spring-loaded vacuum).
Regarding claim 3, Gotthold teaches that the first fiber is coupled to a converter unit prior to coupling the first fiber to the connector assembly (temperature measurement element 37; photodetector 35 and light/excitation source 36; see generally fig. 1 in view of fig. 18 showing the coupling / attachment of this converted unit is to the first fiber prior to the connector assembly).
Regarding claim 4, Gotthold teaches that the first fiber and the second fiber comprise silica (see at least [0054] teaching silica optical fiber “as is well known in the art”).
Regarding claim 5, Gotthold teaches that the first optical element comprises one of a refractive or reflective optical devices selected from the group consisting of lenses (at least upper lens as shown in fig. 10; see [0043]; see also upper as drawn lenses in figs. 5 and 8 of Liu), ball lenses, lens arrays, mirrors, mirror arrays with various surface profiles such as (see 112(b) section above regarding these exemplary limitations) spherical, aspherical, diffractive, and meta-surfaces.
Regarding claim 6, Gotthold teaches that the second optical element comprises one of a refractive or reflective optical devices selected from the group consisting of lenses (at least lower lens as shown in fig. 10; see [0043]; see also lower as drawn lenses in figs. 5 and 8 of Liu), ball lenses, lens arrays, mirrors, mirror arrays with various surface profiles such as (see 112(b) section above regarding these exemplary limitations) spherical, aspherical, diffractive, and meta-surfaces.
Regarding claim 8, Gotthold teaches that the temperature sensor is coupled to a probe shaft surrounding the second fiber (see fig. 19 showing this configuration where 406 is attached to the shaft 408 around fiber 416).
Regarding claim 9, Gotthold teaches that the temperature sensor comprises one of a phosphorescent or a fluorescent material (406; [0058-60] “layer 406 of phosphorescent material”; see also [0032] of Liu).
Regarding claim 10, Gotthold teaches a thermally conductive plate coupled to a tip of the probe shaft and configured to be thermally exposed to an exterior environment in a desired direction (402; “thermally conductive contact 402” [0057]; see fig. 19 and [0057-58]; see also [0032] of Liu).
Regarding claim 11, Gotthold teaches that a surface of the thermally conductive plate not exposed to the exterior environment is configured to thermally interface with the temperature sensor ([0058] teaches that the thermal contact / plate has phosphorescent material for transmitting temperature data / thermally interface with the temperature sensor; see fig. 19 showing that the surface with the phosphorescent material is the interior surface; see also [0032] and fig. 1 of Liu).
Regarding claim 12, Gotthold teaches a fiber optic temperature probe (abstract; fig. 18) comprising:
a first fiber (320; [0054] “fixed fiber 320”) coupled to a connector assembly (connection assembly of temperature sensor 300 with constituent parts for connecting the device; see at least fig. 18 showing such parts for coupling thereto; [0054-55]);
a second fiber (308; [0051] “moveable fiber 308”) coupled to the connector assembly (see at least fig. 18 showing such coupling; [0051-54]),
wherein the connector assembly includes a first lens to couple light from the first fiber and a second lens to couple light into a first end of a second fiber (fig. 10 shows a form for passing light between fibers with a first and second optical elements which are a pair of hemispheric lenses; [0043] teaches regarding fig. 10 that “A lens, as shown, is attached to the mating ends of each of the waveguide 41 and optical fiber 87 in order to more efficiently couple radiation between the two.”); and
a temperature sensor (306 / 406; see figs. 18 and 19 respectively) coupled to a probe shaft surrounding the second fiber (see fig. 19 showing this configuration where 406 is attached to the shaft 408 around fiber 416).
Gotthold does not directly state that that the lenses on the ends of the fibers facing each other for coupling the light /radiation signal are specifically ball lenses to collimate and de-collimate the light / radiation.
However, Liu teaches a fiber optic temperature probe (abstract) having ball lenses ([0059]; see figs. 5 and 8) which collimate / de-collimate the light (see [0054]; [0061] and figs. 5, 6, 7 and 8 showing the collimating / de-collimating of the light paths via the ball lenses).
Therefore, before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to modify the light coupling lenses for an optical temperature sensor of Gotthold with the specific knowledge of using lenses, including ball lenses, for an optical temperature sensor to collimate and couple the light of Liu. This is because such collimation allows for directing and transmitting the light in a desired manner (see at least [0061] of Liu regarding direction/guiding/focusing/collimating of the light via these lenses; see also [0043] and fig. 10 of Gotthold). This is important in order to provide an accurate transmission of the light signal from the temperature sensor.
Regarding claim 13, Gotthold teaches that the first ball lens and the second ball lens are located within a spring-loaded (resilient member / spring 310; see [0052-53] and fig. 18; see also 414, [0060] and fig. 19) vacuum (abstract teaches that the device is used in a “vacuum processing chamber” see also [0048] and generally fig. 1; [0055] teaches that the base 328 forms a vacuum seal on the outer side of the device; fig. 19 shows that the spring loaded device is open to the vacuum of the chamber; as such the interior of the device with the optical elements is a spring-loaded vacuum).
Regarding claim 14, Gotthold teaches that the first fiber is coupled to a converter unit prior to coupling the first fiber to the connector assembly (temperature measurement element 37; photodetector 35 and light/excitation source 36; see generally fig. 1 in view of fig. 18 showing the coupling / attachment of this converted unit is to the first fiber prior to the connector assembly).
Regarding claim 15, Gotthold teaches that the first fiber and the second fiber comprise silica ([0054] teaches silica-silica fiber; see also [0029] of Liu).
Regarding claim 16, Gotthold teaches that the temperature sensor comprises one of a phosphorescent or a fluorescent material (406; [0058-60] “layer 406 of phosphorescent material”; see also [0032] of Liu).
Regarding claim 17, Gotthold teaches a thermally conductive plate coupled to a tip of the probe shaft and configured to be thermally exposed to an exterior environment in one direction (402; “thermally conductive contact 402” [0057]; see fig. 19 and [0057-58]; see also [0032] of Liu).
Regarding claim 18, Gotthold teaches that a surface of the thermally conductive plate not exposed to the exterior environment is configured to thermally interface with the temperature sensor ([0058] teaches that the thermal contact/plate has phosphorescent material for transmitting temperature data / thermally interface with the temperature sensor; see fig. 19 showing that the surface with the phosphorescent material is the interior surface; see also [0032] and fig. 1 of Liu).
Regarding claim 19, Gotthold teaches a method ([0002]) of measuring a temperature of an element (abstract; [0002]), comprising:
coupling a first end ([0054] teaches regarding “fixed fiber 320 that is attached to the guide 314”; see fig. 18 showing this is the first end; see [0054-55] regarding further connection to the assembly) of a first fiber (320; [0054] “fixed fiber 320”) to a connector assembly (connection assembly of temperature sensor 300 with constituent parts for connecting the device; see at least fig. 18 showing such parts for coupling thereto; [0054-55]);
coupling a first end (upper end as drawn in fig. 18; [0051] “moveable fiber 308 that is fixedly adhered to the contact 304”; see also [0053] regarding further connection to the assembly) of a second fiber (308; [0051] “moveable fiber 308”) to a connector assembly (see at least fig. 18 showing such coupling; [0051-54]);
transmitting a light from the first fiber using a first optical element (via exemplary upper hemispheric lens shown in fig. 10; [0043]);
receiving the light from the first fiber using a second optical element (via exemplary lower hemispheric lens shown in fig. 10; [0043]); and
coupling the light from the first fiber into the second fiber using the second optical element (fig. 10 shows a form for passing light between fibers with a first and second optical elements which are a pair of hemispheric lenses; [0043] teaches regarding fig. 10 that “A lens, as shown, is attached to the mating ends of each of the waveguide 41 and optical fiber 87 in order to more efficiently couple radiation between the two.”).
Gotthold does not directly state that that the lenses on the ends of the fibers facing each other for transmitting / receiving / coupling the light /radiation signal specifically collimate and de-collimate the light / radiation.
However, Liu teaches a fiber optic temperature probe (abstract) having ball lenses ([0059]; see figs. 5 and 8) which collimate / de-collimate the light (see [0054]; [0061] and figs. 5, 6, 7 and 8 showing the collimating / de-collimating of the light paths via the ball lenses).
Therefore, before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to modify the method for using the light coupling lenses for an optical temperature sensor of Gotthold with the specific knowledge of using lenses, including ball lenses, for an optical temperature sensor to collimate and couple the light of Liu. This is because such collimation allows for directing and transmitting the light in a desired manner (see at least [0061] of Liu regarding direction/guiding/focusing/collimating of the light via these lenses; see also [0043] and fig. 10 of Gotthold). This is important in order to provide an accurate transmission of the light signal from the temperature sensor.
Regarding claim 20, Gotthold teaches coupling a second end of the first fiber to a converter unit (temperature measurement element 37; photodetector 35 and light/excitation source 36; see generally fig. 1 in view of fig. 18 showing the coupling / attachment of this converted unit is to the first fiber prior to the connector assembly).
Regarding claim 21, Gotthold teaches that collimating the light from the first fiber using the first optical element and decollimating the light from the first fiber using the second optical element occur in a vacuum (abstract teaches that the device is used in a “vacuum processing chamber” see also [0048] and generally fig. 1; [0055] teaches that the base 328 forms a vacuum seal on the outer side of the device; fig. 19 shows that the spring loaded device is open to the vacuum of the chamber; as such the interior of the device with the optical elements is a vacuum).
Regarding claim 22, Gotthold teaches that coupling the first end of the first fiber to the connector assembly comprises coupling a first silica fiber to the connector assembly, and wherein coupling the first end of the second fiber to the connector assembly comprises coupling a second silica fiber to the connector assembly ([0054] teaches silica-silica fiber; see also [0029] of Liu).
Regarding claim 23, Gotthold teaches coupling a temperature sensor (306 / 406; see figs. 18 and 19 respectively) to a second end of the second fiber ([0050-51] teaches that the “thermographic (temperature-dependent luminescence properties) phosphor layer 306” is attached to the second end of the second/movable fiber via contact 304; see fig. 18).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Gotthold et al. (US 20080225926; hereinafter Gotthold) in view of Liu et al. (US 20210080328; hereinafter Liu) as applied to claims 1, 5 and 6 above and further in view of Harpin et al. US 20170131122; hereinafter Harpin).
Regarding claim 7, Gotthold teaches that the first optical element and the second optical element (the first and second optical elements are lenses [0043]; fig. 10; see also at least [0054] and figs. 5-6 of Liu).
Gotthold in view of Liu does not directly and specifically state that each optical element comprises Gradient Refractive Index (GRIN) or meta-material.
However, Harpin teaches an optical temperature sensor (abstract; [0001]) with a lens (60) and fiber (70) where “Lens 60 may be a GRIN lens” ([0143]).
Therefore, before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to modify the knowledge and teaching of a lensed optical temperature sensor of Gotthold in view of Liu with the specific knowledge of using the GRIN lens material of Harpin. This is because GRIN lenses allow for using small, flat-ended glass cylinders (rod lenses) that simplify mounting and integration. This is important to provide a simplified lens system for an optical temperature sensor.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892.
See especially:
Wu et al. (US 20200408613); teaching regarding a fiber optic temperature measurement system with optics including lenses, reflectors and optical coupling; see abstract and figs. 2 / 6.
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 PHILIP COTEY whose telephone number is (571)270-1029. The examiner can normally be reached M-F 9-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Laura Martin can be reached at 571-272-2160. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PHILIP L COTEY/ Examiner, Art Unit 2855
/LAURA MARTIN SWEENEY/ Supervisory Patent Examiner, Art Unit 2855
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