DETAILED ACTION
Priority
1. Receipt is acknowledged of papers submitted under 35 U.S.C. 119 (a) — (d), which papers have been placed of record in the file. Oath/Declaration
Oath/Declaration
2. Oath and declaration filed on 9/20/2024 is accepted.
Information Disclosure Statement
3. The prior art documents submitted by application in the Information Disclosure Statement filed on 10/7/2024 and 9/24/2025 have all been considered and made of record (note the attached copy of form PTO – 1449).
Double Patenting
4.The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1 and 16 are rejected on the ground of nonstatutory obviousness -type double patenting as being unpatentable over claim 1 respectively U.S. Patent No. (11,800,972 B2)
Although the conflicting claims are not identical they are not patentable distinct from each other because the instant claims are anticipated by the patented claims.
The claims of the instant application corresponds to the patented claim as follows:
Instant application 18/890,939
Regarding claim 1. A light source comprising: a pump laser system configured to provide pump pulses; a nonlinear element arranged to receive the pump pulses and convert the pump pulses to pulses of supercontinuum light having an intermediate spectrum spanning from λ1 to λ2; a filter system arranged to receive and filter said intermediate spectrum to provide a filtered output spectrum, where said output spectrum is spanning from λ3 to λ4, where λ3−λ4>0, λ1≥λ3, λ2≤λ4 and λ3−λ4<λ1-λ2.
Regarding claim 16. The light source of claim 1, wherein the pump laser system comprises: a seed laser configured to provide seed pulses with a pulse frequency Fseed; and a pulse frequency multiplier (PFM) configured to multiply the seed pulses by converting seed pulses having the pulse frequency Fseed to pump pulses with a pulse frequency Fpump, where Fpump is larger than Fseed.
U.S.Patent No. 11,800,972 B2 (17/489,939)
Regarding claim 1, A supercontinuum light source comprising: - a seed laser configured to provide seed pulses with a pulse frequency Fseed; - a pulse frequency multiplier (PFM) configured to multiply the seed pulses by converting seed pulses having the pulse frequency Fseed to pump pulses with a pulse frequency Fpump, where Fpump is larger than Fseed, - a nonlinear element configured to receive said pump pulses and convert said pump pulses to pulses of supercontinuum light having a supercontinuum spectrum spanning at least from about Al to about A2, where 1-2 > about 500 nm; and - a shaping optical element arranged to spectrally shape said supercontinuum spectrum so that an output spectrum from the supercontinuum light source is spanning from A3 to A4, where A3-A4>0, A1 A3 and A2 A4.
Analysis
the claims at issue are not identical, they are not patentably distinct from each other because they are but different definitions of the same disclosed subject matter, varying in breadth or scope of definition as set forth in MPEP 806.03. In this case, claims 1 and 16 instant application (18/890,939) include all structural elements as now claimed.
Note the pulse frequency multiplier (PFM) configured to multiply the seed pulses by converting seed pulses having the pulse frequency Fseed to pump pulses with a pulse frequency Fpump (11,800,972 B2).
Allowable Subject Matter
5. Claims 2-15 and 17-20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
6. The following is a statement of reasons for the indication of allowable subject matter: wherein said nonlinear element comprises a solid-core optical fiber, a planar waveguide or a gas-filled hollow-core fiber and wherein the filter system comprises a spectral filter comprising one or more of a low-pass optical filter, a high-pass optical filter, a bandpass optical filter, and an optical fiber and the filter system comprises a bandpass optical filter formed by a low-pass optical filter and a high-pass optical filter
and the filter systems is configured to provide a tunable filtering of the intermediate spectrum and wherein λ1−λ2>500 nm and filter system comprises a dichroic element being arranged to receive the intermediate spectrum and filter out wavelengths below a threshold wavelength λ5, wherein λ5>λ3 and wherein the filter system comprises a broadband attenuation filter and the broadband attenuation filter is configured to provide a tunable attenuation and wherein the broadband attenuation filter comprises a neutral density filter and wherein the pump laser system provides pump pulses with pulse duration tseed, said pulse duration tseed being longer than 1 ps and the pump laser system provides pump pulses with pulse duration tseed, said pulse duration tseed being shorter than 10 ps and the pump laser system comprises a mode-locked fiber laser and wherein Fpump is 150 MHz or more and wherein a total average optical power of the output spectrum in the range 400 nm-850 nm is less than 100 mW and the light source comprises a control system arranged to control the filter system to provide tunable control of λ3 and λ4 and/or the attenuation of the intermediate spectrum and the pump laser system comprises a pulse compressor arranged to compress the pump pulses and thus increase peak power.
Conclusion
7.The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The closest reference Okuno (2011/0116282 A1) discloses a supercontinuum light source having a seed laser and a pulse frequency multiplier (PFM) configured to multiply the seed pulses by converting seed pulses.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOHAMMED A HASAN whose telephone number is (571)272-2331. The examiner can normally be reached M-TH 6 AM -4 PM.
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/MOHAMMED A HASAN/Primary Examiner, Art Unit 2872 7/20/2026
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