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 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.
Claim 1 is 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.
Specifically, a portion of claim 1 states that “a demultiplexer that branches a part of the signal light,” and it is unclear whether the main signal from “the connection portion” is being branched or if the already branched “a part of the signal light input” is being further branched.
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.
Claim(s) 1 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ooi (US Pat. 8,948,593 B2).
Regarding Claim 1, Ooi teaches An optical circuit element (FIG. 4: 21) directly connected to an optical function element (FIG. 4: “FROM UPSTREAM NODE”), the optical circuit element comprising: an optical amplifier that amplifies signal light input through a connection portion with the optical function element (FIG. 4: 44b); and a connection tap port that is installed between the optical amplifier and the connection portion (FIG. 4: 42b), branches a part of the signal light input through the connection portion (FIG. 4: 42b, 45b), and outputs the signal light to the outside (Id.), wherein the connection tap port includes an input port to which the signal light is input through the connection portion (FIG. 4: 41b, 42b), a demultiplexer that branches a part of the signal light (FIG. 4: 45b), a first output port that outputs the branched part of the signal light to the outside (FIG. 4: 42b, 45b), and a second output port that outputs the rest of the signal light to the optical amplifier. (FIG. 4: 42b, 44b)
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.
Claim(s) 2-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ooi (US Pat. 8,948,593 B2) in light of ‘932 (JP2020516932A).
Regarding Claim 2, Ooi teaches The optical circuit element according to claim 1,
Ooi does not teach wherein the optical circuit element is a quartz-based planar lightwave circuit (PLC) installed on a Si substrate, or an optical circuit using silicon photonics (SiP), and the optical amplifier is installed on a substrate using an indium phosphide (InP) based material.
‘932 teaches wherein the optical circuit element is a quartz-based planar lightwave circuit (PLC) installed on a Si substrate, or an optical circuit using silicon photonics (SiP), and the optical amplifier is installed on a substrate using an indium phosphide (InP) based material. (p. 4 (describing different PLC arrangements)).
Ooi and ‘932 both teach optical element arrangements for optical communication systems and are therefore analogous art.
Before the filing date of the instant application, it would have obvious for a person of ordinary skill in the art to integrate the circuit arrangement taught by Ooi into a PLC as taught by ‘932. The suggestion/motivation would have been to integrate the circuit arrangement taught by Ooi into the more compact and reliable medium of a PLC.
Regarding Claim 3, the combination of Ooi and ‘932 teach The optical circuit element according to claim 1, further comprising: an optical path converter that converts a part of the branched optical path of the signal light output from the first output port in a direction perpendicular to a substrate surface, wherein the optical path converter is a grating mirror or a mirror. (‘932, p. 5, ¶ 11-13)
Before the filing date of the instant application, it would have obvious for a person of ordinary skill in the art to integrate the circuit arrangement taught by Ooi into a PLC as taught by ‘932. The suggestion/motivation would have been to integrate the circuit arrangement taught by Ooi into the more compact and reliable medium of a PLC.
Regarding Claim 4, the combination of Ooi and ‘932 teach An integrated optical device, wherein the optical circuit element according to claim 1 and the optical function element are directly connected. (‘932, p. 4 (teaching a PLC where elements would be directly connected)).
Before the filing date of the instant application, it would have obvious for a person of ordinary skill in the art to integrate the circuit arrangement taught by Ooi into a PLC as taught by ‘932. The suggestion/motivation would have been to integrate the circuit arrangement taught by Ooi into the more compact and reliable medium of a PLC.
Regarding Claim 5 the combination of Ooi and ‘932 teach A method for manufacturing the integrated optical device according to claim 4, the method comprising: preparing the optical circuit element and the optical function element; (‘932, p. 4, ¶ 5, 8) fixing the optical function element; adjusting an end surface of a waveguide of the optical circuit element and an end surface of a waveguide of the optical function element to be parallel to each other; (Id.) aligning while monitoring a branched part of the signal light output from the first output port; (‘932, p. 6, ¶ 6, 7) and connecting the optical circuit element and the optical function element. (Id.).
Regarding Claim 6, the combination of Ooi and ‘932 teach The optical circuit element according to claim 2, further comprising: an optical path converter that converts a part of the branched optical path of the signal light output from the first output port in a direction perpendicular to a substrate surface, wherein the optical path converter is a grating mirror or a mirror. (‘932, p. 4, ¶ 8).
Before the filing date of the instant application, it would have obvious for a person of ordinary skill in the art to integrate the circuit arrangement taught by Ooi into a PLC as taught by ‘932. The suggestion/motivation would have been to integrate the circuit arrangement taught by Ooi into the more compact and reliable medium of a PLC.
Regarding Claim 7, the combination of Ooi and ‘932 teach An integrated optical device, wherein the optical circuit element according to claim 2 and the optical function element are directly connected. (‘932, p. 4 (teaching a PLC where elements would be directly connected)).
Before the filing date of the instant application, it would have obvious for a person of ordinary skill in the art to integrate the circuit arrangement taught by Ooi into a PLC as taught by ‘932. The suggestion/motivation would have been to integrate the circuit arrangement taught by Ooi into the more compact and reliable medium of a PLC.
Regarding Claim 8, the combination of Ooi and ‘932 teach An integrated optical device, wherein the optical circuit element according to claim 3 and the optical function element are directly connected. (‘932, p. 4 (teaching a PLC where elements would be directly connected)).
Before the filing date of the instant application, it would have obvious for a person of ordinary skill in the art to integrate the circuit arrangement taught by Ooi into a PLC as taught by ‘932. The suggestion/motivation would have been to integrate the circuit arrangement taught by Ooi into the more compact and reliable medium of a PLC.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PAUL M BROCK whose telephone number is (571)272-7257. The examiner can normally be reached 8-4:30pm.
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/PAUL MORGAN BROCK/ Examiner, Art Unit 2634 March 3, 2026
/KENNETH N VANDERPUYE/ Supervisory Patent Examiner, Art Unit 2634