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 .
This action is responsive to the amendment of 2/12/2026.
Response to Arguments
Claim Objection
The objection is overcome by amendment.
Rejections under 35 U.S.C. § 112(b)
The rejections under 35 U.S.C. § 112(b) are overcome by amendment.
Prior Art Rejections
Applicant’s first argument is that Xia teaches various woven textile construction types, but not braided or knitted types; however, this argument is moot. The present action does not rely on Xia to teach braided or knitted textile construction types.
Applicant’s second argument is that one of ordinary skill in the art would not look to Parker to improve on the optical fiber of Xia; however, this argument is not persuasive. In particular, Parker teaches designs for optical fibers that are intended for use in harsh environments, including high temperatures and vibrations (see paragraph 6 of Parker). Adaptations designed to protect an optical fiber from harsh conditions, such as high temperature and vibration, such as an increased cladding diameter, would have been recognized by one of ordinary skill in the art as relevant to protecting an optical fiber from the same kinds of harsh conditions, even if the fiber is used in a different type of optical sensor. Further, note that the passages of Parker give the motivation of increasing useful life of the fiber, not to increasing the effect of vibrations, so are not incompatible with the goals of Applicant.
Applicant’s third argument is that the core diameter taught by Parker is not within the claimed range and is not a diameter for a single-mode fiber; however, this argument is moot. In particular, Parker is not relied on to teach a particular core diameter or mode field diameter. While the particular examples used by Parker are of multimode fibers, Parker does not appear to teach a requirement to use multimode fibers, instead downplaying the importance of their particular choices of core diameters and only warning against making the core too thick (paragraph 73), so Parker does not appear to be teaching away from the use of single-mode fiber with a thick cladding for use in harsh environments.
Applicants fourth argument is that Newport does not teach a cladding diameter of 150 µm and also teaches a different product with a reduced cladding diameter; however, this argument is moot. The present action does not rely on Newport to teach increased cladding diameter, nor does it rely on a different product (one of many other products sold by Newport) with reduced cladding diameter. It may also be noted that it is generally considered obvious to remove both a feature, such as reduced cladding diameter, and the function of that feature, such as tighter coil diameter (MPEP 2144.04 II).
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.
Claim(s) 22, 24, 27-28, 36, 39-43, and 46-48 is/are rejected under 35 U.S.C. 103 as being unpatentable over Xia (US Patent Document 20090074348) in view of Messer (US Patent Document 20170357069).
Regarding claim 22, Xia teaches an optical sensor for detecting one or more measurands,
comprising:
a probe light source arranged to generate probe light (paragraph 51, broadband tunable laser 148);
a sensor head arranged to receive the probe light from the probe light source and impose on the probe light an interference signal responsive to the one or more measurands (FIG. 11, at least one of the high temperature fiber Bragg grating sensors 146);
an interrogator arranged to receive the probe light from the sensor head (FIG. 11, interrogator 148),
measure the imposed interference signal, and determine the one or more measurands from the measured interference signal (FIG. 11, temperature measurements 151);
at least two flexible sleeves disposed within a conduit (FIG. 7, high temperature ceramic fabrics 78 and 80 inside cylinder 84); and
an optical fibre arranged to carry the received probe light at least some of the way from the sensor head to the interrogator, the optical fibre being disposed within the at least two flexible sleeves (FIG. 7, ceramic fabric wrapped sensing fiber cable 82, part of fiber sensing cable package 86),
wherein the at least two flexible sleeves are coaxial with one another (FIG. 7, the two ceramic fabrics 78 and 80 end up sharing an axis located at or near fiber cable 76 as parts of ceramic fabric wrapped sensing fiber cable 82) and comprise:
a first flexible sleeve (FIG. 7, ceramic fabric 78) formed of a first textile construction type comprising one of woven, braided, and knitted textile construction types (paragraph 47, ceramic woven materials),
a second flexible sleeve (FIG. 7, ceramic fabric 80).
While Xia does list “fabrics, tapes, sleevings, and cloths” as textile construction types, none of those are explicitly knitted or braided, as opposed to woven, so Xia does not explicitly teach that the second flexible sleeve is formed of a second textile construction type comprising a different one of woven, braided, and knitted textile construction types to the first textile construction type, such that the first flexible sleeve and second flexible sleeve are formed using different textile construction types.
In the same field of endeavor of ruggedized optical fibers, Messer does teach a sleeve that is formed of a second textile construction type comprising a different one of woven, braided, and knitted textile construction types to the first textile construction type, such that the first flexible sleeve and second flexible sleeve are formed using different textile construction types (paragraph 39 describes that strength member 68 could be braided, which is a different construction type from the woven types used by Xia). By using a braided layer, Messer is able to surround the optical fiber core with a strength member, making it stronger.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the fiber optic sensor of Xia with the braided strength member of Messer to gain the predictable benefit of strengthening the optical fiber cable to withstand harsh conditions.
Regarding claim 24, Xia, as modified by Messer, teaches or renders obvious the optical sensor of claim 22 (as described above).
Xia further teaches that each flexible sleeve comprises a silica material (paragraph 47 and table 2 include silica materials).
Regarding claim 27, Xia, as modified by Messer, teaches or renders obvious the optical sensor of claim 22 (as described above).
Xia teaches the use of woven textile materials, but not braided or knitted textile materials, so Xia does teach that an inner one of the coaxial flexible sleeves is formed from a woven textile material, or wherein an outer one of the coaxial flexible sleeves is formed from a woven textile material (FIG. 7 shows both an inner woven ceramic fabric and an outer woven ceramic fabric).
In the combination described with respect to claim 22 above, Messer teaches a braided textile material that could replace either of the woven textile materials of Xia, so the aforementioned combination of Xia, as modified by Messer does teach that an inner one of the coaxial flexible sleeves is formed from a woven textile material and an outer one of the coaxial flexible sleeves is formed from a knitted or braided textile material (when the woven material of Xia forms the inner sleeve and the braided sleeve of Messer forms the outer sleeve), or wherein an inner one of the coaxial flexible sleeves is formed from a braided textile material and an outer one of the coaxial flexible sleeves is formed from a woven textile material (when the braided sleeve of Messer forms the inner sleeve and the woven material of Xia forms the outer sleeve).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the fiber optic sensor of Xia with the braided strength member of Messer either inside of a woven sleeve of Xia or outside of a woven sleeve of Xia to gain the predictable benefit of strengthening the optical fiber cable to withstand harsh conditions.
Regarding claim 28, Xia, as modified by Messer, teaches or renders obvious the optical sensor of claim 22 (as described above).
Xia further teaches that the conduit comprises a plurality of elongate sections through which the optical fibre passes (FIG. 12 shows the fiber sensor passing through several elongate sections, including outside of the gasifier, near the top of the gasifier, and lower in the gasifier), wherein for each elongate section the optical fibre is disposed within a different combination of two or more coaxial flexible sleeves which are disposed within the conduit (FIG. 7, ceramic fabrics 78 and 80), each sleeve of each combination being of a particular textile construction type (Xia uses woven fabric types, while Messer teaches a braided fabric type).
While Xia does not explicitly teach that, in each section, the fiber is disposed within a different combination of the sleeves, nor that each different combination comprises a different sequence of two or more such textile construction types, Xia does teach a setup (FIG. 12) in which the different segments experience substantial differences in ambient conditions (FIG. 15 shows temperatures at different parts of the sensing fiber, operating at substantially different temperatures from one sensor segment to another, sometimes differing by over a thousand degrees Fahrenheit). Further, Xia and Messer only teach a few textile construction types (Xia teaches woven fabrics, tapes, sleevings, and cloths, while Messer teaches braided textile construction).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have tried different combinations and sequences of the different textile construction types taught by Xia and Messer to optimize each segment of the optical sensor of Xia, as modified by Messer, for the specific environment that it will operate in, which may be radically different from the environments the other segments operate in.
Regarding claim 36, Xia, as modified by Messer, teaches or renders obvious the optical sensor of claim 22 (as described above).
Xia further teaches that the probe light source comprises one or more lasers, or one or more super-luminescent diodes, arranged to generate the probe light (paragraph 51, broadband tunable laser 148).
Regarding claim 39, Xia, as modified by Messer, teaches or renders obvious the optical sensor of claim 22 (as described above).
Xia further teaches that the optical fibre is a single mode optical fibre (paragraph 52).
Regarding claim 40, Xia, as modified by Messer, teaches or renders obvious the optical sensor of any preceding claim 22 (as described above).
Xia further teaches that the one or more measurands comprise one or more of: temperature, pressure, and acceleration, at the sensor head (paragraph 53 lists both temperature and pressure as potential measurands).
Regarding claim 41, Xia, as modified by Messer, teaches or renders obvious the optical sensor of claim 22 (as described above).
Xia further teaches that the interrogator is arranged to separately detect the intensities of two different wavelengths of the probe light received from the sensor head (FIG. 11, wavelength domain steady or dynamic temperature response 150 shows measurements detected at (at least) two wavelengths), and to determine one or more of the one or more measurands responsive to a relationship between the detected intensities of the two wavelengths (FIG. 11, temperature measurement 151).
Regarding claim 42, Xia, as modified by Messer, teaches or renders obvious the optical sensor of claim 22 (as described above).
Xia further teaches that the interrogator comprises a spectral engine arranged to measure an interference spectrum comprising the imposed interference signal (FIG. 11, wavelength domain steady or dynamic temperature response 150 shows an interference spectrum), and is arranged to determine one or more of the one or more measurands from the measured interference spectrum (FIG. 11, temperature measurement 151).
Regarding claim 43, Xia, as modified by Messer, teaches or renders obvious a gas turbine engine comprising the optical sensor of claim 22 (as described above).
Xia further teaches the optical sensor being arranged to detect combustion instabilities in the gas turbine engine (paragraph 54, downstream of pipeline 157 of FIG. 12).
Regarding claim 46, Xia teaches a method of providing an optical sensor for detecting one or more measurands, comprising: providing an optical fibre (FIG. 7, sensing fiber cable) to couple probe light (paragraph 51, broadband tunable laser 148) from a sensor head to be received by an interrogator that is arranged to measure an interference signal imposed on the probe light by the sensor head responsive to the one or more measurands (FIG. 11, at least one of the high temperature fiber Bragg grating sensors 146);
providing at least two flexible sleeves and disposing at least a portion of the optical fibre in the at least two flexible sleeves (FIG. 7, high temperature ceramic fabrics 78 and 80); and
locating the at least two flexible sleeves within a protective conduit (FIG. 7, cylinder 84),
wherein the at least two flexible sleeves are coaxial (with one another) (FIG. 7, the two ceramic fabrics 78 and 80 end up sharing an axis located at or near fiber cable 76 as parts of ceramic fabric wrapped sensing fiber cable 82) and comprise:
a first flexible sleeve (FIG. 7, ceramic fabric 78) formed of a first textile construction type comprising one of woven, braided, and knitted textile construction types (paragraph 47, ceramic woven materials),
a second flexible sleeve (FIG. 7, ceramic fabric 80).
While Xia does list “fabrics, tapes, sleevings, and cloths” as textile construction types, none of those are explicitly knitted or braided, as opposed to woven, so Xia does not explicitly teach that the second flexible sleeve is formed of a second textile construction type comprising a different one of woven, braided, and knitted textile construction types to the first textile construction type, such that the first flexible sleeve and second flexible sleeve are formed using different textile construction types.
In the same field of endeavor of ruggedized optical fibers, Messer does teach a sleeve that is formed of a second textile construction type comprising a different one of woven, braided, and knitted textile construction types to the first textile construction type, such that the first flexible sleeve and second flexible sleeve are formed using different textile construction types (paragraph 39 describes that strength member 68 could be braided, which is a different construction type from the woven types used by Xia). By using a braided layer, Messer is able to surround the optical fiber core with a strength member, making it stronger.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the fiber optic sensor of Xia with the braided strength member of Messer to gain the predictable benefit of strengthening the optical fiber cable to withstand harsh conditions.
Regarding claim 47, Xia, as modified by Messer, teaches or renders obvious the method of claim 46 (as described above).
Xia further teaches that the optical fibre is contained within the conduit for a distance in the range of a few meters to a few kilometers in distance from the sensor head along the optical fibre (paragraph 53).
While the range recited by Xia partially overlaps with the claimed range (“a few meters” is generally considered to extend below 3 meters (also known as 3000 mm)), Xia is not explicit in reciting a specific value such that the optical fibre is contained within the conduit for a distance in the range of 100 mm to 3000 mm from the sensor head along the optical fibre.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have designed the optical fiber sensor of Xia with the conduit in the shorter end of the disclosed range (less than or equal to 3000 mm. i.e., within the overlap with the claimed range) in order to fit the length of the sensor to the size of a region to be sensed when that region happens to be small enough to be adequately probed by a sensor only a few meters long.
Regarding claim 48, Xia, as modified by Messer, teaches or renders obvious the method of claim 46 (as described above).
Xia further teaches that at least a portion of the conduit comprises an elongate metal tube or corrugated metal hose (FIG. 7, cylinder 84 is made from a high-melting-point metal sheet (paragraph 45), so comprises an elongate metal tube).
Claim(s) 29 is/are rejected under 35 U.S.C. 103 as being unpatentable over Xia (US Patent Document 20090074348) in view of Messer (US Patent Document 20170357069), further in view of Parker (US Patent Document 20080273852).
Regarding claim 29, Xia, as modified by Messer, teaches or renders obvious the optical sensor of any of claim 22 (as described above).
Xia does not go into details regarding the diameter of the cladding of the sensing fibers used, so does not explicitly state that the optical fibre comprises a cladding having an outside diameter of at least 150 µm.
In the same field of endeavor of ruggedized optical fiber sensing, Parker does teach that the optical fibre comprises a cladding having an outside diameter of at least 150 µm, or of at least 200 µm, or of at least 250 µm (FIG. 2 shows a cladding with an outer diameter of 200 microns. Also see paragraph 73, which cites other diameters, including explicit mentions of 150, 180, 200, and 250 microns. Note that paragraph 73 describes the core diameter as less important for the purpose at hand (optimizing the mechanical properties of the fiber as a whole) as long as the core is not too thick, so the core diameter exemplified in FIG. 2 should not be taken as a lower bound. In other words, Parker does not appear to teach away from combining the thicker cladding with a core narrower than 50 µm). By choosing a thick cladding diameter, Parker reinforces an optical fiber mechanically.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the optical sensor of Xia, as modified by Messer, with the thick cladding of Parker in order to build a sturdy fiber for rough conditions.
Claim(s) 30 is/are rejected under 35 U.S.C. 103 as being unpatentable over Xia (US Patent Document 20090074348) in view of Messer (US Patent Document 20170357069), further in view of Newport (Non-Patent Literature “Optical Fiber, Singlemode, 1310/1550 nm, Bend Insensitive“).
Regarding claim 30, Xia, as modified by Messer, teaches or renders obvious the optical sensor of any of claim 22 (as described above).
Xia is silent as to the mode field diameter, core diameter, and numerical aperture of the fiber used, so does not explicitly teach that the optical fibre has a mode field diameter of no more than 8.0 µm at a central wavelength of the probe light, and/or wherein the optical fibre has a core diameter of from 5 µm to 7 µm, and a numerical aperture of from 0.16 to 0.20.
In the same field of endeavor of optical fibers, Newport teaches a type of optical fiber that has a mode field diameter of no more than 8.0 µm (disclosed as 6.7 µm or 7.5 µm, depending on wavelength) at a central wavelength of the probe light, and/or wherein the optical fibre has a core diameter of from 5 µm to 7 µm (disclosed as 6.0 µm), and a numerical aperture of from 0.16 to 0.20 (disclosed as .16). By choosing those parameters for the optical fiber, Newport is able to make the fiber relatively insensitive to bending, allowing a wider value of applications.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the fiber sensor of Xia, as modified by Messer, with the mode field diameter, core diameter, and numerical aperture of Newport in order to reduce sensitivity to bending in the optical fiber, allowing a wider variety of applications. Note that these properties do not depend on other particulars, such as cladding diameter and coatings or jackets outside of the cladding.
Claim(s) 31-33 is/are rejected under 35 U.S.C. 103 as being unpatentable over Xia (US Patent Document 20090074348) in view of Parker (US Patent Document 20080273852), further in view of Newport (Non-Patent Literature “Optical Fiber, Singlemode, 1310/1550 nm, Bend Insensitive“).
Regarding claim 31, Xia teaches an optical sensor for detecting one or more measurands, comprising: a probe light source arranged to generate probe light (paragraph 51, broadband tunable laser 148);
a sensor head arranged to receive the probe light from the probe light source and impose on the probe light an interference signal responsive to the one or more measurands (FIG. 11, at least one of the high temperature fiber Bragg grating sensors 146);
an interrogator arranged to receive the probe light from the sensor head (FIG. 11, interrogator 148),
measure the imposed interference signal, and determine the one or more measurands from the measured interference signal (FIG. 11, temperature measurements 151); and
an optical fibre arranged to carry the received probe light at least some of the way from the sensor head to the interrogator (FIG. 7, ceramic fabric wrapped sensing fiber cable 82, part of fiber sensing cable package 86).
Xia does not go into details regarding the diameter of the cladding of the sensing fibers used, so does not explicitly state that the optical fibre comprises a cladding having an outside diameter of at least 150 µm.
In the same field of endeavor of ruggedized optical fiber sensing, Parker does teach that the optical fibre comprises a cladding having an outside diameter of at least 150 µm, or of at least 200 µm, or of at least 250 µm (FIG. 2 shows a cladding with an outer diameter of 200 microns. Also see paragraph 73, which cites other diameters, including explicit mentions of 150, 180, 200, and 250 microns. Note that paragraph 73 describes the core diameter as less important for the purpose at hand (optimizing the mechanical properties of the fiber as a whole) as long as the core is not too thick, so the core diameter exemplified in FIG. 2 should not be taken as a lower bound. In other words, Parker does not appear to teach away from combining the thicker cladding with a core narrower than 50 µm). By choosing a thick cladding diameter, Parker reinforces an optical fiber mechanically.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the optical sensor of Xia, as modified by Messer, with the thick cladding of Parker in order to build a sturdy fiber for rough conditions.
Xia is silent as to the mode field diameter of the fiber used, so does not explicitly teach that the optical fibre has a mode field diameter of no more than 8.0 µm at a central wavelength of the probe light.
In the same field of endeavor of optical fibers, Newport teaches a type of optical fiber that has a mode field diameter of no more than 8.0 µm (disclosed as 6.7 µm or 7.5 µm, depending on wavelength) at a central wavelength of the probe light. By choosing that parameter for the optical fiber, Newport is able to make the fiber relatively insensitive to bending, allowing a wider value of applications.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the fiber sensor of Xia, as modified by Parker with the mode field diameter of Newport in order to reduce sensitivity to bending in the optical fiber, allowing a wider variety of applications. Note that these properties do not depend on other particulars, such as cladding diameter and coatings or jackets outside of the cladding.
Regarding claim 32, Xia, as modified by Parker and Newport, teaches or renders obvious the optical sensor of claim 31 (as described above).
Xia further teaches that the optical fibre is disposed within a protective conduit (FIG. 7, cylinder 84).
Regarding claim 33, Xia, as modified by Messer, teaches or renders obvious the optical sensor of claim 31 (as described above).
Xia is silent as to the core diameter and numerical aperture of the fiber used, so does not explicitly teach that the optical fibre has a core diameter of from 5 µm to 7 µm, and a numerical aperture of from 0.16 to 0.20.
In the same field of endeavor of optical fibers, Newport teaches a type of optical fiber such that the optical fibre has a core diameter of from 5 µm to 7 µm (disclosed as 6.0 µm), and a numerical aperture of from 0.16 to 0.20 (disclosed as .16). By choosing those parameters for the optical fiber, Newport is able to make the fiber relatively insensitive to bending, allowing a wider value of applications.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the fiber sensor of Xia, as modified by Parker and Newport, with the core diameter and numerical aperture of Newport in order to reduce sensitivity to bending in the optical fiber, allowing a wider variety of applications. Note that these properties do not depend on other particulars, such as cladding diameter and coatings or jackets outside of the cladding.
Claim(s) 37-38 is/are rejected under 35 U.S.C. 103 as being unpatentable over Xia (US Patent Document 20090074348) in view of Messer (US Patent Document 20170357069), further in view of Gahan (US Patent Document 20070223000).
Regarding claim 37, Xia, as modified by Messer, teaches or renders obvious the optical sensor of claim 22 (as described above).
Xia further teaches that the sensor head comprises one or more changes in refractive index arranged to impose the interference signal on the probe light responsive to the one or more measurands (paragraph 13, fiber Bragg grating sensors, a type of device that alternates between higher and lower refractive index to create interference between reflections).
Xia does not explicitly teach that the lower refractive index portions are created by optical cavities.
In the same field of endeavor of fiber optic sensing in harsh environments, Gahan does teach the use of optical cavities (abstract). By using optical cavities, Gahan is able to produce the desired change in refractive index, creating a Fabry–Pérot interferometry setup.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the optical sensor of Xia, as modified by Messer, with the Fabry–Pérot cavities of Gahan as a way of implementing the interferometric sensors on the fortified optical fiber.
Regarding claim 38, Xia, as modified by Messer, teaches or renders obvious the optical sensor of claim 37 (as described above).
Gahan teaches that the one or more optical cavities comprise one or more Fabry–Pérot cavities (abstract). By using Fabry–Pérot cavities as the optical cavities, interferometric optical measurements are enabled.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the optical sensor of Xia, as modified by Messer and Gahan, with the Fabry–Pérot-type of optical cavities of Gahan as a way of implementing the interferometric sensors on the fortified optical fiber using the optical cavities.
Conclusion
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.
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/PAUL SCHNASE/Examiner, Art Unit 2877
/TARIFUR R CHOWDHURY/Supervisory Patent Examiner, Art Unit 2877
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