Prosecution Insights
Last updated: August 17, 2026
Application No. 18/675,841

DIRECT CONTROL ON LASER FREQUENCY FOR DUAL-PULSE DISTRIBUTED ACOUSTIC SENSING (DAS)

Non-Final OA §102§103§112
Filed
May 28, 2024
Priority
Jan 23, 2024 — EU 24305128.1
Examiner
LARKIN, DANIEL SEAN
Art Unit
2855
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Viavi Solutions Inc.
OA Round
1 (Non-Final)
83%
Grant Probability
Favorable
1-2
OA Rounds
5m
Est. Remaining
91%
With Interview

Examiner Intelligence

Grants 83% — above average
83%
Career Allowance Rate
930 granted / 1125 resolved
+14.7% vs TC avg
Moderate +8% lift
Without
With
+7.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
23 currently pending
Career history
1140
Total Applications
across all art units

Statute-Specific Performance

§101
1.7%
-38.3% vs TC avg
§103
35.1%
-4.9% vs TC avg
§102
20.5%
-19.5% vs TC avg
§112
37.1%
-2.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1125 resolved cases

Office Action

§102 §103 §112
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 . Priority Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. Information Disclosure Statement The information disclosure statement (IDS) submitted on 28 May 2024 and 14 January 2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Specification The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification. The disclosure is objected to because of the following informalities: Page 1, prior to paragraph [0001]: A section and paragraph listing related applications and their status should be inserted into the specification. Paragraph [0014], line 7: The term – dual – should replace the term “Dual. Paragraph [0051], line 7: The term – three -- should replace the numeral “3.” Appropriate correction is required. Claim Objections Claims 2, 9, 11, 13, and 20 are objected to because of the following informalities: Re claim 2, claim line 3: The phrase – at least one – should be inserted prior to the term “laser.” Re claim 9, claim line 4: The phrase – a second – should replace the term “another.” Re claim 9, claim line 5: The term – second – should replace the term “another.” Re claim 11, claim line 8: The phrase – at least one – should be inserted prior to the term “laser.” Re claim 13, claim line 2: The phrase – at least one – should be inserted prior to the term “laser.” Re claim 20, claim line 3: The phrase – a second – should replace the term “another.” Re claim 20, claim line 5: The term – second – should replace the term “another.” Appropriate correction is required. 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 1, 3-10, and 14-20 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. Re claim 1, claim line 7: The term “relatively small” is deemed to be a relative term which renders the claim indefinite. The term “relatively small” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The specification [0028] discloses that the small step “may” be on an order of 0.5% of a magnitude of current. The use of the term “may” fails to set forth the value as a definition because the term does is not a positively term. The term leaves information up for interpretation. Since, the phrase “relatively small” is unclear, the term as well as the claim are deemed to be indefinite. Re claim 12, claim line 7: The term “relatively small” is deemed to be a relative term which renders the claim indefinite. The term “relatively small” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The specification [0028] discloses that the small step “may” be on an order of 0.5% of a magnitude of current. The use of the term “may” fails to set forth the value as a definition because the term does is not a positively term. The term leaves information up for interpretation. Since, the phrase “relatively small” is unclear, the term as well as the claim are deemed to be indefinite. NOTE: Claims 3-10 and 14-20 and are rejected because of their dependence from independent claims 1 and 12. NOTE: Claims 2 and 13 are not rejected because these claims correct the issue with the objectionable term by providing a positively definition of the objectionable term. Claim Rejections - 35 USC § 102 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, 3, 5, 12, 14, and 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by DE 102018105905 (Liehr). With respect to the limitations of claim 1, Liehr discloses a direct control on laser frequency for dual-pulse distributed acoustic sensing (DAS) apparatus comprising: at least one laser (10) to transmit a laser signal (laser (10) – Figure 1); a semiconductor optical amplifier (SOA), operatively connected to the at least one laser, to generate a plurality of pulses (optical semiconductor amplifier (50) – paragraph [0095]); and a laser signal controller (20), executed by at least one hardware processor (Figure 1) , to apply, between two pulses of the plurality of pulses (between pulse Π0 and Π1 a relatively small-step of current is applied), a relatively small-step to obtain laser signal emitted changes of optical frequency (a relatively small-step of current is applied between pulse Π0 and Π1 to generate pulse Π0 at frequency v0 and Π1 at frequency v1 – Figure 2). With respect to the limitation of claim 3, Liehr further disclose a circulator (56), operatively connected to the SOA (50) to receive the laser signal from the SOA (50), and direct the laser signal from the SOA (50) to a fiber under test (FUT) (60) (paragraph [0096] and Figure 1). With respect to the limitations of claim 5, Liehr further discloses a multiplexer/dense wavelength division multiplexer filter (64) connected to the circulator (56) to receive light reflected from the fiber under test (60), wherein the multiplexer is to separate the light reflected from the fiber under test based on a wavelength (paragraphs [0097-0098 and Figure 1). With respect to the limitations of claim 12, Liehr discloses a method for direct control on laser frequency for dual-pulse distributed acoustic sensing (DAS), the method comprising: transmitting, by at least one laser (10), a laser signal (laser (10) – Figure 1); generating, by a semiconductor optical amplifier (SOA) that is operatively connected to the at least one laser, a plurality of pulses (optical semiconductor amplifier (50) – paragraph [0095]); and applying, by a laser signal controller (20) that is executed by at least one hardware processor (Figure 1), between two pulses of the plurality of pulses (between pulse Π0 and Π1 a relatively small-step of current is applied), a relatively small-step to obtain laser signal emitted changes of optical frequency (a relatively small-step of current is applied between pulse Π0 and Π1 to generate pulse Π0 at frequency v0 and Π1 at frequency v1 – Figure 2) . With respect to the limitation of claim 14, Liehr further disclose operatively connecting a circulator (56) to the SOA (50) to receive the laser signal from the SOA (50); and directing, by the circulator (56), the laser signal from the SOA (50) to a fiber under test (FUT) (60) (paragraph [0096] and Figure 1). With respect to the limitations of claim 16, Liehr further discloses receiving, by a multiplexer/dense wavelength division multiplexer filter (64) that is operatively connected to the circulator (56) light reflected from the fiber under test (60); and separating, by the multiplexer, the light reflected from the fiber under test based on a wavelength (paragraphs [0097-0098 and Figure 1). 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. Claims 2, 10-11, and 13 are rejected under 35 U.S.C. 103 as being unpatentable over DE 102018105905 (Liehr). With respect to the limitation of claim 2 and 13, Liehr disclose all of the limitations of the base claims and discloses utilizing a deviation of less than 2% of the optical frequency of the pulses within the respective pulse sequences. Liehr fails to expressly disclose that the small step is on the order of 0.5% of a magnitude of current applied to a laser chip of the at least one laser. The Examiner argues that choosing a small step of the order of 0.5% is within the purview of one of ordinary skill in the art at the time of filing the invention given that Liehr recognizes the benefits of keeping the change in the optical frequency very insignificant between adjacent pulses. With respect to the limitation of claim 10, Liehr fails to expressly disclose that the at least one laser is controlled with respect to the SOA to induce a phase step between the two pulses. The Examiner, however, argues that this feature is a customary practice when utilizing a SOA and laser that is well within the purview of one of ordinary skill in art at the time of filing the invention as a means of taking advantage of sensing accuracy achieved by inducing the phase step. With respect to the limitations of claim 11, Liehr discloses a direct control on laser frequency for dual-pulse distributed acoustic sensing (DAS) apparatus comprising: at least one laser (10) to transmit a laser signal (laser (10) – Figure 1); a semiconductor optical amplifier (SOA), operatively connected to the at least one laser, to generate a plurality of pulses (optical semiconductor amplifier (50) – paragraph [0095]); and a laser signal controller (20), executed by at least one hardware processor (Figure 1) , to apply, between two pulses of the plurality of pulses (between pulse Π0 and Π1 a relatively small-step of current is applied), a relatively small-step to obtain laser signal emitted changes of optical frequency (a relatively small-step of current is applied between pulse Π0 and Π1 to generate pulse Π0 at frequency v0 and Π1 at frequency v1 – Figure 2). Liehr further disclose utilizing a deviation of less than 2% of the optical frequency of the pulses within the respective pulse sequences. Liehr fails to expressly disclose that the small step is on the order of 0.5% of a magnitude of current applied to a laser chip of the at least one laser. The Examiner argues that choosing a small step of the order of 0.5% is within the purview of one of ordinary skill in the art at the time of filing the invention given that Liehr recognizes the benefits of keeping the change in the optical frequency very insignificant between adjacent pulses. Claims 4 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over DE 102018105905 (Liehr) in view (US 10,215,793 (Hoff et al.). With respect to the limitations of claims 4 and 15, Liehr disclose all of the limitations of the base claim and a photodetector (70) operatively connected to the circulator (56) to receive light reflected from the fiber under test (60). Liehr fail to disclose that utilizing an avalanche photodiode to receive light reflected from the fiber. Hoff et al. disclose an arrangement for detecting partial discharge in an electric cable (102) by Distributed Acoustic Sensing utilizing a radiation source (104), such as a laser diode to emit pulses of electromagnetic radiation. These pulses are coupled, via an optical circulator (204) into an optical fiber (110) acting as a sensing fiber (col. 14, lines 36-45). Secondary electromagnetic radiation (108) is guided toward an electromagnetic radiation detector (114), for example an avalanche photodiode (col. 14, lines 47-56 and Figure 2). Modifying Liehr to utilize an avalanche photodiode would have been obvious to one of ordinary skill in the art at the time of filing the invention because avalanche photodiodes have key features which include high sensitivity, fast response, low noise, and a wide spectral range that sets them apart from other types of photodetectors. Allowable Subject Matter The following is a statement of reasons for the indication of allowable subject matter: Prior art was not relied upon to reject claim because the prior art of record fails to teach and/or make obvious the following: Claims 6-8: Providing a dual-pulse DAS apparatus further comprising a circulator, operatively connected to the SOA to receive a further laser signal at a second wavelength and a second frequency, and direct the laser signal and the further laser signal to a multiplexer (MUX) in combination with all of the remaining limitations of the claim and all of the limitations of the base claim. Claim 9: Providing a dual-pulse DAS apparatus further comprising a multiplexer (MUX), operatively connected to the SOA to another laser signal at a second wavelength and a second frequency, and direct the laser signal and the other laser signal via circulators to a fiber under test (FUT) and to another FUT in combination with all of the remaining limitations of the claim and all of the limitations of the base claim. Claims 17-19: Providing a method further comprising receiving, by a circulator that is operatively connected to the SOA to receive a further laser signal at a second wavelength and a second frequency, and directing the laser signal and the further laser signal to a multiplexer (MUX) in combination with all of the remaining limitations of the claim and all of the limitations of the base claim. Claim 20: Providing a method further comprising receiving, by a multiplexer (MUX), that is operatively connected to the SOA to another laser signal at a second wavelength and a second frequency, and directing the laser signal and the other laser signal via circulators to a fiber under test (FUT) and to another FUT in combination with all of the remaining limitations of the claim and all of the limitations of the base claim. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The prior art disclose various distributed acoustic sensing apparatus that a comprises at least one laser, amplifiers, a circulator, a multiplexer, a photo detector, and a fiber to test. Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL SEAN LARKIN whose telephone number is 571-272-2198. The examiner can normally be reached M-F 9:00 AM - 5:30 PM. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Laura Sweeney 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. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /DANIEL S LARKIN/Primary Examiner, Art Unit 2855
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Prosecution Timeline

May 28, 2024
Application Filed
Jul 29, 2026
Non-Final Rejection mailed — §102, §103, §112 (current)

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Prosecution Projections

1-2
Expected OA Rounds
83%
Grant Probability
91%
With Interview (+7.9%)
2y 8m (~5m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1125 resolved cases by this examiner. Grant probability derived from career allowance rate.

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