DETAILED ACTION
This office action is in response to the application and claims filed on August 28, 2024. Claims 1-27 are pending, with claims 1, 12, 17, and 23 in independent form.
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 .
Information Disclosure Statement
The prior art documents submitted by Applicant in the Information Disclosure Statements filed on January 28, 2025 and September 11, 2024, have been considered and made of record (note attached copy of forms PTO-1449).
Drawings
The original drawings (two (2) pages) were received on August 28, 2024. These drawings are acknowledged.
Claim Objections
Claims 11-13, 15, and 16 are objected to because of the following informalities: regarding dependent claims 11 and 16, the overuse of commas between terms is awkward and should be corrected. For example, the claim may be re-drafted to read “… generates as least 10 first frequency lines, and wherein the second frequency generator generates at least 3 second frequency lines.” Regarding independent claim 12, in the final section, the term “only one of the second frequency lines” should read “only one of the at least one second frequency lines” for consistency of terminology. Regarding claim 15, the same “at least one” second frequency lines should be claimed, or alternatively, the “second frequency lines” should be defined as a plurality / multiple in nature. Appropriate correction is required.
Applicant is advised that should claim 21 be found allowable, claim 22 will be objected to under 37 CFR 1.75 as being a substantial duplicate thereof. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m). Claims 21 and 22 are “so close in content” because the only different is that claim 21 “corresponds” while claim 22 “best corresponds”, which are simply minor deviations that do not impart any different scope or structure.
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 1-27 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 1, 12, 17, and 23 are rejected herein for the following reasons (under indefinite scope), while claims 2-11, 13-16, 18-22, and 24-27 are also inherently rejected at least as being in dependent form from a rejected base claim.
Regarding independent claims 1, 12, 17, and 23, the phrasing of “to transmit/provide a first/second filter beam that primarily includes only one of the first/second frequency lines” is vague and indefinite because the term “primarily” is not clear in this context. It is not clear what is defined (or furthermore what is excluded) by this terminology, in comparison to having simply “includes only one of the first/second frequency lines.” The language using “primarily” implies that further features may be included in the group, such as other lines or other frequencies. For these reasons, independent claims 1, 12, 17, and 23 are all found vague and indefinite under the meaning of 35 U.S.C. 112(b). Claims 2-11, 13-16, 18-22, and 24-27 are also rejected herein for these same reasons. Noting dependent claim 5, the same “primarily” includes “only one” second frequency line is also rejected.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 1-27 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Liu et al. U.S. Patent No. 11,658,461 B1.
Liu et al. U.S. Patent No. 11,658,461 B1 teaches (ABS; Figs. 1-4; corresponding text, in particular column 2, line 16 through column 14, line 58; Claims) a light source that generates a source beam having a source frequency, the light source being tunable to a target frequency (Figs. 1-4; column 2, line 16 through column 16, line 14; in particular column 11, line 49 through column 12, line 49), the light source comprising: an emitter assembly 102 that emits an emitter beam (Figs. 1, 4; ECLD with grating and frequency stabilized; column 2, lines 16-34; column 6, line 47 through column 7, line 59; column 11, line 49 through column 12, line 49); a first frequency generator 108 that receives the emitter beam and generates a first generator beam that consists of a plurality of discrete, spaced apart, first frequency lines (“frequency comb”; having spaced apart “lines”); and a first filter 112 that filters the first generator beam to transmit a first filter beam that primarily includes (note the 35 U.S.C. 112(b) indefiniteness rejection for “primarily”; but is met by Liu) only one of the first frequency lines (either an AWG or drop-filter for filtering function), which clearly, fully meets Applicant’s claimed structural limitations for independent claim 1, and the claimed method steps of independent claim 23.
Regarding dependent claims 2 and 3 (and method claim 24), Liu teaches that the filter can be tunable / tuned in order to select a first frequency line while blocking (filtering) the other first frequency lines, and generating a target frequency (Figs. 1, 4; column 2, line 16 through column 4, line 33; column 11, line 49 through column 12, line 49), which meets all structure.
Regarding claim 4 (and method claim 25), a second frequency generator 120 is shown in Figs. 1, 4 of Liu, in which the first filter beam is received and is converted into a second generator beam that includes at least one second frequency line (column 3, line 35 through column 4, line 33; column 12, lines 36-49). The second filter can be drop-out filters for tuning of signals or interference filter(s).
Regarding claim 5 (and method claims 26-27), the second frequency generator can be considered tuned / tunable in order to provide essentially only one second frequency line, and approximately equal to the target.
Regarding claim 6, an amplifier is disclosed in Liu and amplifying the output of the second filter (column 14, lines 45-56).
Regarding claim 7, Liu includes optical fibers for optical transmission of the light source signals along the length (Figs. 1, 4).
Regarding claim 8, the first frequency lines of Liu can be equally spaced, as a frequency comb generation.
Regarding claims 9-11, the tuning is disclosed in Liu for the first and/or second filter for frequency shifting to the target frequency and at least 10 first frequency lines and at least 3 second frequency lines (Fig. 4; column 12, lines 1-49).
Regarding additional independent claims 12 and 17, these claims are taught by Liu because the structure is found in Figs. 1-4 (or as cited in the specification); and in that both a 1st and 2nd frequency generator, with corresponding 1st and 2nd filters are found in that the first and second selected (targeted) frequency lines are filtered by Liu. Additionally, claims 12 and 17 are simply combinations of independent / dependent claims 1-11 and 23-27 (methods) from Figs. 1-4. Liu teaches a series of first frequency generation (and first separation selection and filtering), and second frequency selector system (for a targeted separated frequency comb). Therefore, all structure in claims 12 / 17 is anticipated and capable of the functional results found in these claims.
Regarding further dependent claims 13-16 and 18-22, all such frequency characteristics and formulations are anticipated by Liu, as found in claims 1-11 and noted above. The amplifier, first frequency lines, second frequency lines, target frequency, and 10 first with 3 second frequency lines are found within Liu and claims 2-11 (for additional dependent claims 13-16 and 18-22). Noting claims 21-22, Liu’s formation and selection of the first lines best corresponds to a target.
Claims 1 and 23 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Maleki et al. US 2013/0259072 A1.
Maleki et al. US 2013/0259072 A1 teaches (ABS; Figs. 1-6; corresponding text, in particular paragraphs [0015] – [0030]; Claims) a light source that generates a source beam having a source frequency, the light source being tunable to a target frequency (cited paragraphs above), the light source comprising: an emitter assembly 101 / 102 that emits an emitter beam (Fig. 1; para [0015]; a tunable or fixed frequency laser diode); a first frequency generator 110 that receives the emitter beam and generates a first generator beam that consists of a plurality of discrete, spaced apart, first frequency lines (Fig. 1; para [0015]; lines can be considered as “spaced apart”); and a first filter 121 / 122 that filters the first generator beam to transmit a first filter beam that primarily includes (note the 35 U.S.C. 112(b) indefiniteness for “primarily”; but is met by Maleki ‘072) only one of the first frequency lines (either a tunable of fixed frequency filter; see paras [0015] – [0016]), which clearly, fully meets Applicant’s claimed structural limitations for independent claim 1, and the claimed method steps of ind claim 23.
Claims 1 and 23 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Maleki et al. US 2007/0009205 A1.
Maleki et al. US 2007/0009205 A1 teaches (ABS; Figs. 1-4; corresponding text, in particular paragraphs [0033] – [0066]; Claims) a light source that generates a source beam having a source frequency, the light source being tunable to a target frequency (cited paragraphs above), the light source comprising: an emitter assembly 110 that emits an emitter beam 101 (Fig. 1A; para [0048]); a first frequency generator 130 that receives the emitter beam and generates a first generator beam 132 that consists of a plurality of discrete, spaced apart, first frequency lines (Figs. 1A-1B; para [0049]; lines can be considered as “spaced apart”); and a first filter 140 that filters the first generator beam to transmit a first filter beam that primarily includes (note the 35 U.S.C. 112(b) indefiniteness for “primarily”; but is met by Maleki ‘205) only one of the first frequency lines (Figs. 1A-1B; paras [0049] – [0051]), which clearly, fully meets Applicant’s claimed structural limitations for independent claim 1, and the claimed method steps of independent claim 23.
Claims 1 and 23 are also rejected under 35 U.S.C. 102(a)(1) as being anticipated by each of Puckett U.S. Patent No. 11,429,010 B1, Vegas Olmos et al. US 2022/0190922 A1, and Puckett et al. U.S. Patent No. 12,169,349 B2.
Puckett U.S. Patent No. 11,429,010 B1 (ABS; Figs. 1-3, 5; Claims), Vegas Olmos et al. US 2022/0190922 A1 (ABS; Figs. 5A and 5B; see paragraphs [0076] – [0077]; Claims), and Puckett et al. U.S. Patent No. 12,169,349 B2 (ABS; Figs. 1-3; notably Fig. 3; Claims, see claim 1) each teach a respective light source that generates a source beam having a source frequency, the light source being tunable to a target frequency (cited Figs. and Flow Charts above), the light source comprising: an emitter assembly (Laser; Laser; Emission to generate comb) that emits an emitter beam; a first frequency generator (Dual Comb Optical Resonator; Micro-ring Resonator; Generation of Optical Frequency Combs) that receives the emitter beam and generates a first generator beam that consists of a plurality of discrete, spaced apart, first frequency lines (frequency combs are spaced apart as lines); and a first filter (Filter / Tunable; Filtering as in paras [0076] – [0077] of Vegas Olmos; Application of Filter) that filters the first generator beam to transmit a first filter beam that primarily includes (note the 35 U.S.C. 112(b) indefiniteness for “primarily”; but is met by Puckett ‘010; Vegas Olmos ‘922; Puckett ‘349) only one of the first frequency lines (output / target frequency of each reference is met by the simple formation of emitter -> frequency comb generator -> filter to select a desired first line of the frequency comb lines), which clearly, fully meets Applicant’s claimed structural limitations for independent claim 1, and the claimed method steps of independent claim 23.
The vast breadth of independent claims 1 and 23 is duly noted by the Examiner.
Inventorship
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: PTO-892 form reference D (to Papp US ‘567), which pertains to the state of the art of electronically synthesizing light by a series of optical elements.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Daniel Petkovsek whose telephone number is (571) 272-4174. The examiner can normally be reached M-F 7:30 - 6 PM.
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/DANIEL PETKOVSEK/Primary Examiner, Art Unit 2874 September 18, 2026
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