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 argues Berg and Whitney do not show a first camera measuring a first cleave angle and a second camera measuring a second cleave angle. The Examiner agrees that Berg and Whitney do not show that the fiber has two cleave angles, each being measured by a respective camera. The Examiner was not able to find support that the cameras individually measure two different cleave angles. The disclosure defines a cleave angle as “A cleave angle α is measured from a first axis 209 defined by the cleaved, distal tip 104 to a second axis 211 that is perpendicular to the longitudinal axis 207.” It does not appear that the fiber has two cleaves such that there are two cleave angles. Nor does it appear that a single camera can measure the cleave angle unless the cleaved surface is perpendicular to the view angle of a camera. New grounds of rejection are provided below.
Claim Objections
Claim 39 is objected to because of the following informalities: The claim appears to be missing a preamble. It will be assumed to state, “The method of claim 31,” Appropriate correction is required.
Claim Rejections - 35 USC § 112
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.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
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 of carrying out his invention.
Claims 22-40 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 applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Independent claims 22 and 31 recite the limitation “wherein the first camera and the second camera are to measure the first cleave angle and the second cleave angle without rotation of the optical fiber.”
No support was found regarding the second cleave angle. No support was found that the two cleave angles are measured without rotation of the optical fiber. Applicant cites paragraphs [0056]-[0075], and Figs. 5 and 6. The examiner has reviewed the sections and no support was found. The passages discuss a single cleave angle and the cameras detecting the angle of the distal tip, not a second cleave angle. The disclosure also does not show the combination of claim 31’s measuring of two cleave angles and claim 36’s measuring of two angles. There is also no mention of rotation and that the angles are measured without rotation. The dependent claims are rejected for the same reasons by virtue of their dependence on claim 22 or 31.
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 22-40 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.
Independent claims 22 and 31 recite the limitation “a second cleave angle” and it would not be clear what the second cleave angle is since the claim sets forth that the fiber has a cleave angle, and nothing suggests the fiber has an additional cleave (e.g. a double cleave end-face) to set forth a second cleave angle. For examination purposes, it will be assumed that the claim recites the first cleave angle and the second cleave angle as a respective “angle corresponding to the nominal optical axis 508 of the optical fiber 502” consistent with paragraphs [0059]-[0060] and claim 36. Both claim 36 and the independent claims states the angles to “correspond” to the longitudinal axis of the optical fiber.
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 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) 22-32, as interpreted by the Examiner, is/are rejected under 35 U.S.C. 102(a)(1) as anticipated by Berg et al. (US 2022/0277231) or, in the alternative, under 35 U.S.C. 103 as obvious over Whitney et al (US 5,131,745).
Summary of the combination of Berg and Whitney: Berg is generally relied up for showing cameras around the fiber distal end of the optical fiber as well as a position sensing detector. Whitney shows injection of light into the proximal end of a fiber and projecting the light onto a photoposition sensor (position sensitive detector) to output an X-Y position of the light spot on the sensor.
Rejection of Claim 22 under 35 U.S.C. § 102 over Berg:
Regarding claim 22: Berg shows a system for measuring the offset of an object as follows:
22. An apparatus to measure a cleave angle of an optical fiber strand, the apparatus comprising:
a first camera (Fig. 4: "imaging module 35") facing toward an optical fiber (17 or fiber ferrule 14 having fiber 17 as it is common to refer to a bare optical fiber having addition components such as a ferrule, connector, jacket, to be an optical fiber), the optical fiber having a proximal tip, a distal tip and a longitudinal axis , the optical fiber to receive light emitted by a light source (core light source 42, profile light source 360) at the proximal tip and to emit characterization light from the distal tip (para. [0007]: "Bare optical fibers typically include a core 27 through which the light travels"), wherein the distal tip is characterized by a cleave angle, wherein the first camera is configured to measure a first position of the distal tip and a first cleave angle corresponding to the longitudinal axis of the optical fiber;
a second camera (Fig. 4: "imaging module 35") facing toward the optical fiber, wherein the second camera is configured to measure a second position of the distal tip and a second cleave angle corresponding to the longitudinal axis of the optical fiber; and
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a two-dimensional position sensing device disposed in an x-y plane and operable to measure an x-y position of the characterization light emitted from the distal tip of the optical fiber (para. [0045]: "determining the location of the first image element may include fitting a two-dimensional Gaussian function to the core disk, determining a location of a peak of the fitted two-dimensional Gaussian function in the core image, and defining the location of the first image element as pixel coordinates of the peak of the fitted two-dimensional Gaussian function in the core image"; para. [0113]: "Each of the core imager 37 comprising a two-dimensional array of sensor elements)"; para. [0127]: "Analysis of the core images may include…the position of the core in the core image (in x-y pixel coordinates")),
wherein the first camera and the second camera are to measure the first cleave angle and the second cleave angle without rotation of the optical fiber (this limitation does not impart any structure and is taken as a recitation of how the claimed apparatus is intended to be operated. Therefore, the limitation does not serve to structurally distinguish from Berg).
Alternative rejection under 35 U.S.C. § 103 over Whitney in view of Berg:
Regarding claim 1: Whitney shows a system for aligning the optical axis of a fiber optic element as follows:
22. An apparatus to measure a cleave angle of an optical fiber strand, the apparatus comprising:
(16), the optical fiber having a proximal tip, a distal tip and a longitudinal axis , the optical fiber to receive light emitted by a light source (light source 32) at the proximal tip and to emit characterization light from the distal tip, wherein the distal tip is characterized by a cleave angle (column 4, lines 47-57: "The distal end 30 of fiber optic element 14 is connected to a light source 32… lens 52 for focusing on sensor 54 the light from light source 32 which emanates from the end 16 of fiber optic 14"), wherein
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a two-dimensional position sensing device disposed in an x-y plane and operable to measure an x-y position of the characterization light emitted from the distal tip of the optical fiber (column 4, lines 61-64: "Sensor 54 may be a photoposition sensor. The position 58 of optical axis 56 on sensor 54 is determined by X-Y resolver circuit 64,"),
wherein the first camera and the second camera are to measure the first cleave angle and the second cleave angle without rotation of the optical fiber (this limitation does not impart any structure and is taken as a recitation of how the claimed apparatus is intended to be operated. Therefore, the limitation does not serve to structurally distinguish from Whitney).
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Whitney does not show two cameras facing toward the optical fiber as recited in claim 1. Before the effective filing date of the claimed invention, it would have been obvious use cameras, as taught by Berg, to image the position of the optical fiber in aligning the fiber to a position and angle in Whitney. Alternatively, it would have been obvious to use the photoposition sensor 54 of Whitney to measure d2 in Fig. 12 of Berg.
23. The system of claim 22, wherein the first camera is disposed along a direction that is orthogonal to the longitudinal axis (Berg para. [0108]: “The reflectors 52 may allow flexible placement of the profile imaging modules 35 and light sources 36 while maintaining a generally orthogonal angle of incidence between the rays of light 50 and the center axis of ferrule 14.").
24. The system of claim 22, wherein the second camera is disposed along a direction that is orthogonal to the longitudinal axis (see citation for claim 23 above).
25. The apparatus of claim 22, wherein the first camera and the second camera are disposed in directions that are orthogonal to the longitudinal axis and the first camera is disposed along a direction that is orthogonal to the second camera (See Berg Fig. 4).
26. The apparatus of claim 22, wherein a first backlight is disposed opposite the first camera and is operable to illuminate at least the distal tip of the optical fiber (Berg Para. [0112]: "Each profile light source 36 may provide light 50 having a cross-section larger than the ferrule 14, thereby backlighting both apexes and end-face of the ferrule 14.").
27. The apparatus of claim 22, wherein a second backlight is disposed opposite the second camera and operable to illuminate at least the distal tip of the optical fiber (See Berg Fig. 4).
28. The apparatus of claim 22, wherein an optical fiber chuck, including a mechanical clamp or a vacuum clamp, is configured to support the optical fiber (Berg para. [0103]: "a ferrule holder").
29. The apparatus of claim 22, wherein the two-dimensional position sensing device comprises at least one of a camera or an image sensor (column 4, lines 61-64: "Sensor 54 may be a photoposition sensor. The position 58 of optical axis 56 on sensor 54 is determined by X-Y resolver circuit 64,").
30. The apparatus of claim 22, wherein the first cleave angle and the second cleave angle are non-concentric (the fiber is not an element of the claimed apparatus and thus the properties of the fiber do not impart structure to the apparatus. Accordingly, the claim does not serve to structurally distinguish from Berg).
31. A method for measuring a cleave angle of an optical fiber strand, the method comprising:
aligning a first camera facing toward an optical fiber, the optical fiber having a proximal tip, a distal tip and a longitudinal axis, the optical fiber to receive light emitted by a light source at the proximal tip and to emit characterization light from the distal tip, wherein the distal tip is characterized by a cleave angle, wherein the first camera is configured to measure a first position of the distal tip and a first cleave angle corresponding to the longitudinal axis of the optical fiber;
aligning a second camera facing toward the optical fiber, wherein the second camera is configured to measure a second position of the distal tip and a second cleave angle corresponding to the longitudinal axis of the optical fiber; and
detecting at a two-dimensional position sensing device disposed in an x-y plane, an x-y position of the characterization light; and
determining, based on the detected x-y position of the characterization light, the cleave angle of the optical fiber (See all the corresponding citations given for claim 22 above),
wherein the first camera and the second camera are to measure the first cleave angle and the second cleave angle without rotation of the optical fiber (this statement of purpose of the cameras to not impart any particular act in the claimed method and thus does not serve to distinguish from the acts shown by Berg).
32. The method of claim 31, further comprising supporting the optical fiber with an optical fiber chuck (Berg para. [0103]: "a ferrule holder") (Berg para. [0103]: "measurement port 38").
Claim(s) 31-39 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cherel (US 2008/0198370) in view of Floris et al. (US 10, 823,637) and Berg et al. (US 2022/0377231).
Cherel shows, e.g. Figs. 4-6:
31. A method for measuring a cleave angle of an optical fiber strand, the method Page 3 of 9 comprising:
("optical fiber 19"), the optical fiber having a proximal tip, a distal tip and a longitudinal axis, the optical fiber to receive light emitted by a light source at the proximal tip and to emit characterization light from the distal tip (Para. [0028]: "light being injected into said optical connector by a means 17 (not shown)"), wherein the distal tip is characterized by a cleave angle (Para. [0030]: "In Fig. 4, the optical face 23 makes an angle"),
detecting at a two-dimensional position sensing device disposed in an x-y plane, an x-y position of the characterization light (Para. [0030]: "the light spot 27, detected by the matrix sensor 4, is laterally offset from the optical axis 13. The value of this lateral offset depends on the polishing face angle, on the longitudinal offset of the optical face 23"); and
wherein the first camera and the second camera are to measure the first cleave angle and the second cleave angle without rotation of the optical fiber (this statement of purpose of the cameras to not impart any particular act in the claimed method and thus does not serve to distinguish from the acts shown by Berg).
Determination of cleave angle:
Although Cherel shows the relationship of the polishing face angle (cleave angle) to the other parameters, such as its pose, enabling its calculation, Cherel does not explicitly state that the cleave angle is calculated.
Floris shows that calculating the cleave angle is desirable (Abstract). Before the effective filing date of the claimed invention, it would have been obvious to modify Cherel to calculate the cleave angle in order to optimize interconnections with less loss.
Determination of pose from imaging the tip of the fiber:
Although Cherel shows determining the pose of the fiber, Cherel does not image the fiber tip to obtain the pose of the fiber.
Berg shows precision core imaging of fiber optics where the tip of a fiber is imaged (see Figs. 3-5, 7-9).
Before the effective filing date of the claimed invention, it would have been obvious use cameras, as taught by Berg, to image the position of the optical fiber to obtain the pose of the fiber end, thereby augment the pose measurement of Cherel.
32. The method of claim 31, further comprising an optical fiber chuck configured to support the optical fiber (Cherel Para. [0002]: "a Vee or a centering mechanism."; para. [0036])
33. The method of claim 31, further comprising determining a pose of the optical fiber based on displacing of the optical fiber chuck along the longitudinal axis of the optical fiber (the use of “based on” does not limit how it is based on. See Cherel para. [0027]. Additionally, this would be inherent in aligning the fiber in preparation for the measurement).
34. The method of claim 31, further comprising determining a pose of the optical fiber, wherein the pose of the distal tip of the optical fiber includes a position and an angle (col. 7: 24-26; position is known and rotation angle is known).
35. The method of claim 31, wherein the first camera and the second camera are disposed in directions that are orthogonal to the longitudinal axis (See Berg Fig. 4).
36. The method of claim 31, further comprising the first camera measuring a first position of the distal tip and a first angle corresponding to the longitudinal axis, the second camera measuring a second position of the distal tip and a second angle corresponding to the longitudinal axis, and the first camera is disposed along a direction that is orthogonal to the second camera (see Berg para. [0093]; Fig. 9.).
37. The method of claim 31, further comprising determining a pose of the distal tip of the optical fiber, wherein the pose comprises:
an x-y position of the distal tip; and
an orientation of the distal tip with respect to a z-axis (see Berg para. [0093] Fig. 9. The orientation is taken to be the same as the angle of claim 31).
38. The method of claim 31, wherein detecting, at the two-dimensional image sensor, the characterization light includes determining a position of the characterization light (Para. [0030]: "the light spot 27, detected by the matrix sensor 4, is laterally offset from the optical axis 13. The value of this lateral offset depends on the polishing face angle, on the longitudinal offset of the optical face 23").
39. The method of claim 31, further comprising illuminating the distal tip via a first backlight disposed opposite the first camera and a second backlight disposed opposite the second camera (Berg Para. [0112]: "Thus, the ferrule 14 may be illuminated from behind (or “backlit”) by each profile light source 36 from the perspective of the profile imaging module 35 at the other end of the optical path 48.").
Claim(s) 40 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cherel, Floris, and Berg as applied to claim 31 above, and further in view of Iida et al. (JP 2005/33875).
Although Cherel and Berg do not show the equation of claim 40, it would be obvious to one of ordinary skill in the art given Iida shows an equation relating the cleave angle θ1 to the angle of the exit beam θ4 and the use of geometric information of the distance between the distance to the two-dimensional sensor, fiber tip , and the x-y position of the light detected on the sensor (e.g. Floris: "A measurement method determines the end-face angle relative to the optical axis
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of the fiber, as well as the angular misalignment of the fiber with respect to the tool.")
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Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Hwa Andrew S Lee whose telephone number is (571)272-2419. The examiner can normally be reached Mon-Fri 9am-5:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michelle Iacoletti can be reached at (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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/Hwa Andrew Lee/Primary Examiner, Art Unit 2877