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
1. 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).
2. New amended claim 1 filed on 05/21/26 disclosed “time-varying displacement of a dynamic stage of the dual static/dynamic diffuser along transverse spatial dimensions relative to a light propagation direction”. However, there is no definition/explanation in the specification/drawings for the term “time-varying displacement of a dynamic stage of the dual static/dynamic diffuser along transverse spatial dimensions relative to a light propagation direction”. This is lack of written description is an issue respect to the subject matter of a current claim. In the other words, this is an issue of new matter because the content of the amendment is not described in the application as filed, and this limitation is rejected under 35 U.S.C. 112(a) first paragraph - written description requirement. In re Rasmussen, 650 F.2d 1212, 211 USPQ 323 (CCPA 1981).
3. Grounds for the rejection of claims are provided below as necessitated by amendment.
Claim Rejections - 35 USC § 112
4. The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
5. Claims 1-5 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for pre-AIA the inventor(s), at the time the application was filed, had possession of the claimed invention.
Regarding Claim 1, there is no definition/explanation in the specification/drawings for the term “time-varying displacement of a dynamic stage of the dual static/dynamic diffuser along transverse spatial dimensions relative to a light propagation direction”. This lack of written description is an issue respect to the subject matter of a current claim. In the other words, this is an issue of new matter because the content of the amendment is not described in the application as filed, and this limitation is rejected under 35 U.S.C. 112(a) first paragraph - written description requirement. In re Rasmussen, 650 F.2d 1212, 211 USPQ 323 (CCPA 1981).
This limitation is considered as new matter.
For purpose of examination, this limitation is interpreted as the following:
time-varying displacement of a dynamic stage of the dual static/dynamic diffuser along transverse spatial dimensions relative to a light propagation direction: varying displacement with time of a dynamic stage of the dual static and dynamic diffuser along transverse spatial dimensions relative to a light propagation direction.
Appropriate correction is required.
Allowable Subject Matter
6. Claims 1-5 would be allowable if the rejection under 112 were overcome.
7. The following is a statement of reasons for the indication of allowable subject matter: there was no prior art found by the examiner that suggested modification or combination with the cited art so as to satisfy the combination of all the limitations in claim 1.
8. As claim 1, the prior art of record taken alone or in combination, fails to disclose or render obvious an apparatus for fiber optic-based fluorescence sensing comprising all the steps a) to f), and step ii) a dual static/dynamic diffuser adapted to reduce speckle noise by dynamically diffusing the laser beam via [time-varying displacement of a dynamic stage of the dual static/dynamic diffuser] varying displacement with time of a dynamic stage of the dual static and dynamic diffuser along transverse spatial dimensions relative to a light propagation direction; in combination with the rest of the limitations of claim 1.
Conclusion
9. 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 extension fee 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 date of this final action.
Fax/Telephone Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TRI T TON whose telephone number is (571)272-9064. The examiner can normally be reached on 8am-4pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michelle Iacoletti can be reached on (571)270-5789. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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June 16, 2026
/Tri T Ton/
Primary Examiner Art Unit 2877
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