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 Arguments
Applicant's arguments filed 9/29/26 have been fully considered but they are not persuasive.
Regarding the argument that Dai does not disclose a higher-order portion having a second width that is less than the first width of the base portion, the second width of the higher-order portion being selected above a cutoff width for higher-order mode energy for a given degree of confinement provided by the waveguide coupler where the higher-order mode energy is deconfined causing the higher- order mode energy to overlap into a fundamental mode to allow for receiving and passing of the higher-order mode energy: Dai teaches a higher-order portion (Fig. 1a, see W2) that has a width that is less than the width of the base portion (Fig. 1a, W1), this is not argued. The second width is then described by what the waveguide section does to a higher-order mode energy as the energy travels the waveguide. The claim does not describe a particular width, material, location, size or any other structure that differs the higher-order mode portion from what is disclosed in Dai. While features of an apparatus may be recited either structurally or functionally, claims directed to an apparatus must be distinguished from the prior art in terms of structure rather than function. In re Schreiber, 128 F.3d 1473, 1477-78, 44 USPQ2d 1429, 1431-32 (Fed. Cir. 1997); In re Swinehart, 439 F.2d 210, 212-13, 169 USPQ 226, 228-29 (CCPA 1971); In re Danly, 263 F.2d 844, 847, 120 USPQ 528, 531 (CCPA 1959). "[A]pparatus claims cover what a device is, not what a device does." Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990) (emphasis in original).
Regardless, Dai even teaches the claimed function of the higher-order mode portion. Dai teaches the second width of the higher-order portion (W2) being selected above a cutoff width for higher-order mode energy (see Fig. 7, TE2 is a higher-order mode energy) for a given degree of confinement provided by the waveguide coupler where the higher-order mode energy (TE2) is deconfined causing the higher-order mode energy to overlap into a fundamental mode (TE0 is the fundamental mode and at the smaller width the energy decoupled is TE0+TE2, which is the fundamental mode overlapped with the higher-order mode, see Fig. 7) to allow for receiving and passing of the higher-order mode energy (again, TE2 is received and passed, Fig. 7). The fact that Dai also teaches some mode conversion does not negate the teachings of what is claimed. There is nothing in the claims that nullifies Dai because Dai teaches mode conversion, all the claim limitations have been met by Dai and described, including the claimed function of the higher-order mode portion.
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 1-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dai et al (Daoxin Dai, Yongbo Tang, and John E Bowers, "Mode conversion in tapered submicron silicon ridge optical waveguides," Opt. Express 20, 13425-13439 (2012)). Dai teaches:
1/7/14. A waveguide coupler/coupling system/method of forming the same (Fig. 1a) comprising:
integrated photonics chip (Fig. 1a, Section 2A); and
a waveguide coupler (Fig. 1a) in optical communication with the integrated photonics chip (Section 2A), the waveguide coupler including:
a base portion having a first width (W1);
a higher-order portion having a second width (W2) that is less than the first width (W1) of the base portion (see Fig. 1a), the second width of the higher-order portion being selected above a cutoff width for higher-order mode energy for a given degree of confinement provided by the waveguide coupler where the higher-order mode energy is deconfined causing the higher-order mode energy to overlap into a fundamental mode to allow for receiving and passing of the higher-order mode energy (Fig. 7, page 7 paragraph 1); and
a tapered portion (Ltp) between the base portion and the higher-order portion (see Fig. 1a), the tapered portion transitioning between the first width of the base portion to the second width of the higher-order portion (Fig. 1a, Section 2A).
2/10/17. The waveguide coupler of claim 1/7/16, wherein the higher-order mode energy is second-order mode energy (TE2, TE3, TE1) (Fig. 7, page 7 paragraph 1).
3/11. The waveguide coupler of claim 1/7, wherein the base portion and the higher-order portion are generally rectangular in shape (Fig. 1a).
4. The waveguide coupler of claim 1, wherein the waveguide coupler is formed on an integrated photonic chip (Fig. 1a, Section 2A).
5/8. The waveguide coupler of claim 1/7, wherein an end of the higher-order portion is configured to receive and pass the higher-order mode energy with an optical fiber (Section 2A).
6/12/20. The waveguide coupler of claim 1/7/14, wherein the second width of the higher-order portion above the cutoff width does not support the higher-order mode energy (page 5 paragraph 1).
9/19. The waveguide coupling system of claim 7/18, further comprising:
an on-chip converter (the entire structure of Fig. 1a-b, including the buffer, cladding, ridge, etc) formed in the integrated photonics chip, the on-chip converter in optical communication with the waveguide coupler (the taper and waveguide widths only), the on-chip converter configured to interface between the higher-order mode energy and a fundamental-order mode energy (Fig. 7, page 7 paragraph 1).
13. The waveguide coupling system of claim 7, wherein the second width is further based on a modeling of a width verses higher-order mode (page 5 paragraph 1).
15. The method of claim 14, further comprising:
modeling a waveguide width verses higher-order mode to determine the second width (page 5 paragraph 1), the second width being set above a cutoff condition for the higher-order mode based on the modeling of the waveguide width verse higher-order mode so that the higher-order mode energy is deconfined to allow for receiving and passing of the higher-order mode energy (Fig. 7, page 7 paragraph 1).
16. The method of claim 14, further comprising:
directing a light beam into the waveguide coupler (see field profiles of many drawings); and
detecting the higher-order mode energy with the integrated photonics chip (the same field profiles and graphical results shown are “detecting the higher-order mode energy”).
18. The method of claim 14, further comprising:
interfacing the higher-order mode energy to a fundamental-order mode energy (Fig. 7, page 7 paragraph 1).
19. The method of claim 18, further comprising;
using an on-chip converter (the entire structure of Fig. 1a-b, including the buffer, cladding, ridge, etc) to interface the higher-order mode energy to the fundamental-order mode energy (Fig. 7, page 7 paragraph 1).
Conclusion
All claims are identical to or patentably indistinct from, or have unity of invention with claims in the application prior to the entry of the submission under 37 CFR 1.114 (that is, restriction (including a lack of unity of invention) would not be proper) and all claims could have been finally rejected on the grounds and art of record in the next Office action if they had been entered in the application prior to entry under 37 CFR 1.114. Accordingly, THIS ACTION IS MADE FINAL even though it is a first action after the filing of a request for continued examination and the submission under 37 CFR 1.114. See MPEP § 706.07(b). 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 RYAN A LEPISTO whose telephone number is (571)272-1946. The examiner can normally be reached 9AM-6PM EST M-F.
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/RYAN A LEPISTO/Primary Examiner, Art Unit 2874
