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 .
Information Disclosure Statement
Acknowledgment is made of receipt of Information Disclosure Statement (PTO-1449) filed 10/30/2024. An initialed copy is attached to this Office Action.
Election/Restrictions
Applicant's election with traverse of Species II, claims 11-17, in the reply filed on 02/02/2026 is acknowledged. The traversal did not distinctly and specifically point out the supposed error in the restriction. The structural requirements of each species differs and requires a separate field of search. Therefore, the requirement is still deemed proper and is therefore made FINAL.
Claims 1-10 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected specie, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 02/02/2026.
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 11, 12, 14 and 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gill et al. (EP 4080272 A1), hereinafter “Gill”.
Regarding claim 11, Gill discloses a modulator (300) (see Fig. 3) comprising: a plurality of modulators (310, 320) connected in series (see Fig. 3, Paragraph 33, Lines 2-3); and a voltage driver (350) to drive the plurality of modulators (Paragraph 33, Lines 12-22).
Regarding claim 12, Gill discloses wherein the plurality of modulators comprise: PN junctions (see Figs. 15, 16).
Regarding claim 14, Gill discloses wherein the plurality of modulators are formed from at least one of silicon, lithium niobate, or barium titanate (Paragraph 23).
Regarding claim 15, Gill discloses wherein at least some of the plurality of modulators comprise: a travelling-wave modulator (Paragraph 18).
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.
Claims 13 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Gill (EP 4080272 A1) in view of Gunn, III et al. (USP No. 7,039,258), hereinafter “Gunn”.
Regarding claim 13, Gill discloses the claimed invention, but does not specify wherein the plurality of modulators comprise: capacitors. In the same field of endeavor, Gunn discloses wherein the plurality of modulators comprise: capacitors (Col. 5, Lines 1-4). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the modulator of Gill with wherein the plurality of modulators comprise: capacitors of Gunn for the purpose of providing high speed modulation (Col. 1, Lines 54-55).
Regarding claim 16, Gill discloses the claimed invention, but does not specify wherein at least some of the plurality of modulators comprise: a ring modulator. In the same field of endeavor, Gunn discloses wherein at least some of the plurality of modulators comprise: a ring modulator (see Figs. 6, 7, Col. 5, Lines 54-60). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the modulator of Gill with wherein at least some of the plurality of modulators comprise: a ring modulator of Gunn for the purpose of for the purpose of providing high speed modulation (Col. 1, Lines 54-55).
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Gill (EP 4080272 A1) in view of Elliott (USP No. 9,900,021)
Regarding claim 17, Gill discloses the claimed invention, but does not specify further comprising: two or more cascaded modulator devices, wherein each of the two or more cascaded modulator devices is formed form two or more of the plurality of modulators. In the same field of endeavor, Elliott discloses further comprising: two or more cascaded modulator devices, wherein each of the two or more cascaded modulator devices is formed form two or more of the plurality of modulators (see Fig. 2). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the modulator of Gill with further comprising: two or more cascaded modulator devices, wherein each of the two or more cascaded modulator devices is formed form two or more of the plurality of modulators of Elliott for the purpose of providing high resolution modification (Col. 1, Lines 21-26).
Prior Art Citations
Kucharski et al. (USP No. 7,515,775) is being cited herein to show a modulator relevant to the claimed invention.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MAHIDERE S SAHLE whose telephone number is (571)270-3329. The examiner can normally be reached Monday-Thursday 8:00 AM to 5:00 PM.
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/MAHIDERE S SAHLE/Primary Examiner, Art Unit 2872 3/4/2026