CTNF 18/943,466 CTNF 82298 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Claim Rejections - 35 USC § 112 07-30-02 AIA 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. 07-34-01 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. 07-34-05 AIA Claim 1 recites the limitation " the first plurality of beams " in line 19 . There is insufficient antecedent basis for this limitation in the claim. 07-34-05 AIA Claim 7 recites the limitation “ the particular spectral range ” in line 1 . There is insufficient antecedent basis for this limitation in the claim. Claim 10 recites the limitations “the plurality of backscattered samples” in line 16, and “the plurality of samples” in line 16. There is insufficient antecedent basis for these limitations in the claim. 07-34-05 AIA Claim 17 recites the limitation “ the second plurality of optical ” in line 4 . There is insufficient antecedent basis for this limitation in the claim. 07-34-05 AIA Claim 19 recites the limitation “ the planar lightwave circuit ” in line 2 . There is insufficient antecedent basis for this limitation in the claim. Claim 27 is indefinite because it recites the limitation “the sport of the second phase modulator”, which can be interpreted as ‘first port’ or ‘second port’. The specification paragraphs 0041 & 0210 recite the same language and it is unclear to which port of the second phase modulator the limitation refers. For purposes of examination, examiner reads the claim as ‘first port’ similar to claim 26. The rest of the claims are indefinite as they depend upon an indefinite claim. 07-36 AIA The following is a quotation of 35 U.S.C. 112(d): (d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers. The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph: Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers. 07-36-01 AIA Claim s 20-21 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. The last five lines of claim 1 recite a modulation component that modulates the phase and the polarization of the light, which duplicates the language of claims 20 and 21 . Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements. Double Patenting 08-33 AIA 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. 08-34 AIA Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim s 1, 17, 23 of U.S. Patent No. 12,222,202 . Although the claims at issue are not identical, they are not patentably distinct from each other because instant claim 1 and US12222202 claim 1 are identical except for the last five lines of the instant claim, which recite a reference arm modulation component that modulates the phase and polarization of the light to the second splitter. US12222202 claims 17 and 23 teach a reference arm modulation component that modulates the phase and polarization, respectively, of the light o the second splitter. As claim 17 and 23 are not mutually exclusive, it is a simple matter of obvious engineering experience for claim 1 to have both types of modulators . Further correspondences between the claims are shown below: Instant Claim US 12222202 1 1, 17, 18 2-10 2-10 11 12 12 11 13 13 14 14,15-16 17 21 19 22 20 17 21 23 22 25 23 24 24 24 & 25 25-27 18-20 Claim Rejections - 35 USC § 103 07-06 AIA 15-10-15 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. 07-20-aia AIA 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. 07-21-aia AIA Claim s 1-2, 4, 6-9, 11, 13-24 are rejected under 35 U.S.C. 103 as being unpatentable over Zhou (United States Patent 9400169) in view of Izatt et al (United States Patent Application Publication 20120188555) in view of Götzinger et al, “Polarization maintaining fiber based ultra-high resolution spectral domain polarization sensitive optical coherence tomography”, Optics Express Vol. 17, No. 25, 2009), the combination of which is hereafter referred to as “ZIG” . As to claim 1, Zhou teaches a system for multiple beam optical coherence tomography (Abstract “A space-division multiplexing optical coherence tomography apparatus and system”), comprising: a sample arm (Figures 1, 4, col 6:10-12 “a sample arm S defining a second optical light path (i.e. sampling channel)”) optically configured to be coupled to a light source (Figures 1, 4, col 6:6-7 “The OCT system 100 may generally include a light source 110”), the sample arm comprising: a first optical fiber comprising a proximal end optically coupled to the light source and a distal end (Figures 1, 4, col 6:39-41 “The light beam output from the light source 110 is optically 40 coupled to the first optical coupler 120 for dividing or splitting the single input light into two output light beams.”), a first splitter optically coupled to the distal end of the first optical fiber and optically coupled to a proximal end of each of a first plurality of optical fibers, wherein the first plurality of optical fibers comprises n optical fibers (Figures 1, 4, col 7:27-33 “The light sampling beam for sample arm S leaving port 2 of optical circulator 140 is then received and split by optical splitter 230. Figs. 1 & 4 show the splitter 230 optical coupled to the distal end of the fiber leaving the light source 100 through a variety of optical components. Splitter 230, which in one embodiment may be an optical fiber splitting device, may divide the sampling beam into at least two or more sampling beams at the output from the device.”), and a first plurality of optical components configured to: receive from the plurality of optical fibers a respective plurality of beams (Figure 1, col 9:8&12 “collimator 180” & “galvanometer scanner 200”), cause the plurality of beams to be emitted toward a sample (Figure 1, col 9:15-17 “Sampling light from each optical fiber 175 are independently transmitted and scanned across a surface of the sample by galvanometer scanner 200”), receive a plurality of backscattered light samples from the sample, wherein the plurality of backscattered light samples are spatially separated, and wherein each of the plurality of backscattered light samples corresponds to one of the first plurality of beams (Figure 1, col 9:39-44 “A plurality of back-reflected light signals emitted from the sample at the sampling locations S1 . . . Sn by each of the incident light sampling beams transmitted from the fiber array 170 travel in a reverse direction along the first optical light path and are reflected by the galvanometer scanner 200 through objective lens 190”), and direct the plurality of backscattered light samples toward a detector (Figure 1, column 9:44-60, esp 54-60 “This single reflected light/detection signal from the sample arm S is then … detected with a sensor such as in one non-limiting example a broadband balanced detector (photodetector) 220”); a reference arm optically coupled to the light source (Figures 1, col 6:7-10 “The OCT system 100 may generally include a light source 110 … a reference arm R defining a first optical light path (i.e. reference channel)”), the reference arm comprising: a second optical fiber comprising a proximal end optically coupled to the light source and a distal end (Figures 1, 4, col 12:2-6 “Light for the reference arm R is transmitted to optical circulator 150 from splitter 145 (entering port 1 and leaving port 2), collimator 282, and finally reference mirror 160 in a similar manner to OCT system 100 (see FIG. 1)”), and a second splitter optically coupled to the distal end of the second optical fiber and optically coupled to a proximal end of each of a second plurality of optical fibers, wherein the second plurality of optical fibers comprises n optical fibers (Figure 4, col 12:8-11 “Optical splitter 300 then splits the single reflected reference light beam into four reference beams (reference channels) output to optical fibers in a functionally similar manner to splitter 230.”); a second plurality of optical components configured to: combine each of the plurality of backscattered light samples with a beam emitted by a corresponding optical fiber of the second plurality of optical fibers yielding a plurality of fringes, and direct each of the plurality of fringes to a corresponding channel of the detector (Figures 1, 4, col 9:51-61 “the reflected light signals from the sample traveling back along the first optical light path in sample arm S may then be combined via the optical splitter 230 into a single reflected light signal (detection signal). This single reflected light/detection signal from the sample arm S is then combined with a reflected light reference signal returned from reference mirror 160 from the second optical light path (reference arm R) via optical circulator 150 by optical coupler 240 to create an interference signal, which is detected with a sensor such as in one non-limiting example a broadband balanced detector (photodetector) 220”); and the detector comprising a plurality of detection channels, the detector configured to output optical coherence tomography data indicative of a structure of the sample at a plurality of locations that generated the plurality of backscattered light samples (Figures 1, 4, col 10:5-8 “The balanced detector 220 operates to generate an interferogram from the interference signal Interference signals from both the OCT system 100 and MZI 250 may be digitally acquired simultaneously using an appropriately configured high speed data acquisition (DAQ) card 260.”). the reference arm further comprising a modulation component disposed between the light source and the second splitter (Figure 4 shows the optical circulator 150 between the light source 110 and the second splitter 300, see also col 18:52-67 “it will be understood that various additions, modifications and substitutions may be made therein without departing from the spirit and scope of the present invention as defined in the accompanying claims. In particular, it will be clear to those skilled in the art that the present invention may be embodied in other specific forms, structures, arrangements, proportions, sizes, and with other elements, materials, and components, without departing from the spirit or essential characteristics thereof. One skilled in the art will appreciate that the invention may be used with many modifications of structure, arrangement, proportions, sizes, materials, and components and otherwise, used in the practice of the invention, which are particularly adapted to specific environments and operative requirements without departing from the principles of the present invention.” and it would have been obvious to one of ordinary skill in the art before applicant’s effective filing date to add an additional component that e.g. modulates phase & polarization). Zhou does not teach the modulation component being configured to: modulate a phase of light. However, it is known in the art as taught by Izatt. Izatt teaches an OCT system (Abstract “Systems and methods are disclosed for optical coherence tomography (OCT)”) with a modulation component that is configured to modulate a phase of light (Figure 2A, paragraph 0059 “A resonator cavity C can be provided through which light from light source 12 can travel and in which a phase modulation of the light can occur as the light travels through the resonator cavity. The resonator cavity can be a part of the light source 12 or can be separate from and/or external to light source 12.”). It would have been obvious to one of ordinary skill in the art before applicant’s effective filing date to have a modulation component being configured to: modulate a phase of light, in order to allow for proper calculation of interference signals from the reference and sample arm signals. Zhou as modified by Izatt above does not teach the modulation component being configured to: modulate polarization of light. However, it is known in the art as taught by Götzinger. Götzinger teaches an OCT system “Abstract “We present a new ultra high resolution spectral domain polarization sensitive optical coherence tomography (PS-OCT) system”) with a modulation component that is configured to modulate a polarization of light (Figure 1, page 22707 last paragraph & 22708 top 2 lines “Light emitted from the source enters a fiber based isolator to prevent damage of the source due to back-reflection. A polarization control paddle is implemented to match the polarization state of light with the orientation of the fiber based polarizer. The polarizer provides vertically polarized light which enters the fiber based interferometer, where it is split by a 50/50 coupler into a reference and a sample arm”). It would have been obvious to one of ordinary skill in the art before applicant’s effective filing date to have a modulation component being configured to: modulate polarization of light, in order to better acquire additional polarization information carried by the reflected light. As to claim 2, ZIG teaches everything claimed, as applied above in claim 1, in addition Zhou teaches the light source is a wavelength-swept laser (Zhou discloses the system of claim 1, wherein the light source is a wavelength-swept laser (Figure 1, col 6:4-6 “FIG. 1 is a diagram showing a non-limiting exemplary embodiment of a SDM-OCT system 100 utilizing a wavelength tunable light source (e.g. swept-source or SS)”). As to claim 4, ZIG teaches everything claimed, as applied above in claim 1, in addition Zhou teaches the sample arm further comprises: a first spatial separator mechanically coupled to a distal end of each optical fiber of the first plurality of optical fibers (Figures 1, 2, col 7:33-46 “the sample arm light beam may be split by a 1×8 optical splitter and transmitted into eight different optical fibers 175 forming an optical fiber array 170 for sampling (see, e.g. FIG. 2). Each optical fiber 175 in the sampling fiber array 170 represents a sample location S1, S2, S3, . . . Sn on the sample or specimen, where n=sample location number. In FIG. 1, it should be noted that only four of the eight optical fibers 175 are shown for simplicity and clarity. In some embodiments, a planar lightwave circuit (PLC) splitter such as those available from PLC Connections, Inc. or others may be used. The optical splitter 230 functions to both transmit the optical signal via the fiber array 170 to the sample and to collect and combine the individual reflected sample return signals from the plurality of different sample locations”). As to claim 6, ZIP teaches everything claimed, as applied above in claim 1, in addition Zhou teaches the reference arm further comprises: a second spatial separator mechanically coupled to a distal end of each optical fiber of the second plurality of optical fibers Figure 4, col 12:8-16 “Optical splitter 300 then splits the single reflected reference light beam into four reference 10 beams (reference channels) output to optical fibers in a functionally similar manner to splitter 230. … In one embodiment, without limitation, splitter 300 may be a planar lightwave circuit (PLC) splitter”). As to claim 7, ZIP teaches everything claimed, as applied above in claim 1, with the exception of an explicit teaching of the particular spectral range is centered at 1300 nanometers. However, Zhou teaches a wavelength of “~1300 nm” (col 6: 22-26 “A commercially available vertical-cavity surface-emitting laser (VCSEL) diode, such as for example without limitation Thorlabs Inc., 25 SL131OV1 with a center wavelength of ~1310 nm, may be used as the light source for SDM-OCT system 100”) and it would have been obvious to one of ordinary skill in the art before applicant’s effective filing date to use the claimed wavelength, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or working ranges (amounts, proportions, etc) involves only routine skill in the art. See MPEP 2144.05(I). In this case, one would use the claimed wavelength in order to promote efficient fiber optic transmission. As to claim 8, ZIP teaches everything claimed, as applied above in claim 1, in addition Zhou teaches the first splitter comprises a planar lightwave circuit splitter that receives light from the first optical fiber and splits the received light into n outputs (col 7:33-46 “the sample arm light beam may be split by a 1x8 optical splitter and transmitted into eight different optical fibers 175 forming an optical fiber array 170 for sampling (see, e.g. FIG. 2) … In some embodiments, a planar lightwave circuit (PLC) splitter such as those available from PLC Connections, Inc. or others may be used. The optical splitter 230 functions to both transmit the optical signal via the fiber array 170 to the sample and to collect and combine the individual reflected sample return signals from the plurality of different sample locations”). As to claim 9, ZIG teaches everything claimed, as applied above in claim 1, in addition Zhou teaches the first plurality of optical components comprises: a first lens having a first side optically coupled to the first plurality of optical fibers and a second side, wherein the first lens is configured to focus the plurality of beams at a first focal distance corresponding to a focal length of the first lens (Figure 1, col 9:6-9 “With continuing reference to FIG. 1, sampling light from each of the different optical fibers 175 are transmitted through collimator 180 for focusing onto multiple different spots or sampling locations”); a surface configured to redirect light received from the second side of the first lens toward a first side of a second lens (Figure 4, element 190) and redirect light received from the first side of the second lens toward the second side of the first lens (Figure 4, col 9:9-11 “The sample can be scanned simultaneously by light from all optical fiber 175 using a scanning device such as without limitation a galvanometer scanner 200.”); and the second lens having the first side optically coupled to the surface and a second side configured to direct light received from the surface toward the sample and receive the plurality of backscattered light samples from the sample (Figure 4, col 9:29-31 “the sampling beams transmitted by galvanometer scanner 200 may be focused onto the sample through a scanning objective lens 190.”). As to claim 11, ZIG teaches everything claimed, as applied above in claim 1, in addition Zhou teaches the first plurality of optical components comprises: a plurality of optical circulators, each of the optical circulators having a first port, a second port, and a third port, wherein the first port of each of the plurality of optical circulators is optically coupled to the light source via a respective optical fiber of the first plurality of optical fibers, the second port of each of the plurality of optical circulators is optically coupled to the sample via a respective optical fiber of a third plurality of optical fibers, and the third port of each of the plurality of optical circulators is optically coupled to the second plurality of optical components via a respective optical fiber of a fourth plurality of optical fibers (Figure 4, col 11:26-29 “a low insertion loss OCT system 102 may include optical circulators 141, 142, 143, and 144 thereby providing an optical circulator for each of the optical fibers 175.”). As to claim 13, ZIG teaches everything claimed, as applied above in claim 1, in addition Zhou teaches the first plurality of optical components comprises: a second planar lightwave circuit (Figure 4, col 14:42 “planar lightwave circuit (PLC) splitter 230”) comprising a plurality of optical couplers (Figure 4, elements 141-144), each having a first port, a second port, and a third port, wherein the first port of each of the plurality of optical couplers is optically coupled to the light source via a respective optical fiber of the first plurality of optical fibers, the second port of each of the plurality of optical couplers is optically coupled to the sample via a respective optical fiber of a third plurality of optical fibers, and the third port of each of the plurality of optical couplers is optically coupled to the second plurality of optical components via a respective optical fiber of a fourth plurality of optical fibers (Figure 4, elements 230, 240, 141-144 & the connecting fibers, and col 11:26-62 read on the claimed connections). As to claim 14, ZIG teaches everything claimed, as applied above in claim 13, in addition Zhou teaches each of the plurality of optical couplers is configured to: output, from the third port, a first fraction of light received at the first port; output, from a fourth port, a second fraction of light received at the first port; output, from the first port, the first fraction of light received at the third port; and output, from the second port, the second fraction of light received at the third port, wherein a ratio between the first fraction and the second fraction is approximately equal to one, or wherein a ratio between the first fraction and the second fraction is less than one (Figure 4, col 11:42-45 “The returned light from circulators 141-144 is transmitted to and will interfere with reference light from the reference arm R in four optical couplers 240 (which in one non-limiting embodiment may be 50/50 couplers).”). As to claim 15, ZIG teaches everything claimed, as applied above in claim 1, in addition the second plurality of optical components comprises a beam splitter comprising a first port, a second port, and a third port, wherein the first port is configured to receive light emitted by the second plurality of optical, wherein the second port is configured to receive the plurality of backscattered light samples, and wherein the third port is configured to output the plurality of fringes (Figure 4, the collection of elements 280, 141-144 performs the claimed function of splitting the incoming light from source 110 into multiple beams, and comprises elements that have outputs to the light source, the sample and the detector, and it would have been obvious to one of ordinary skill in the art before applicant’s effective filing date to have the claimed structure, in order to more efficiently direct the light in a desired manner). As to claim 16, ZIG teaches everything claimed, as applied above in claim 15, in addition the detector comprises a plurality of balanced detectors comprising a first port and a second port, each of the plurality of balanced detectors corresponding to a respective channel of the detector, wherein the beam splitter further comprises a fourth port configured to output a second plurality of fringes, and wherein each of the plurality of balanced detectors receives a fringe of the plurality of fringes and a corresponding fringe of the second plurality of fringes, and outputs a signal based on both fringes (Figure 1, 4, col 9:54 – 10:4 “This single reflected light/detection signal from the sample arm S is then combined with a reflected light reference signal returned from reference mirror 160 from the second optical light path (reference arm R) via optical circulator 150 by optical coupler 240 to create an interference signal, which is detected with a sensor such as in one non-limiting example a broadband balanced detector (photodetector) 220 (e.g. Thorlabs Inc., PDB480CAC, 1.6 GHz bandwidth). In one embodiment, without limitation, a 50/50 coupler 240 may be used which combines the reflected detection and reference signals in equal proportions or percentages. Other suitable percentages may be used. The balanced detector 220 operates to generate an interferogram from the interference signal. The MZI 250 optical path may also include a balanced detector 210 in some non-limiting embodiments wherein a MZI may be for phase calibration of the OCT signal, as described herein.”). As to claim 17, ZIG teaches everything claimed, as applied above in claim 1, in addition Zhou teaches the second plurality of optical components comprises: a plurality of optical couplers, each having a first port, a second port, a third port, and a fourth port, wherein the first port is coupled to the light source via a respective optical fiber of the second plurality of optical fibers; the second port is coupled to the sample via a respective optical fiber of a plurality fourth plurality of optical fibers; the third port is coupled to a respective channel of the plurality of detection channels; and the fourth port is coupled to the respective channel of the plurality of detection channels (Figure 4, elements 240 have the claimed four ports to the light source via element 300, the sample via elements 141-144, and the bottom two go to different channels of detector 225). As to claim 18, ZIG teaches everything claimed, as applied above in claim 17, in addition Zhou teaches each of the plurality of optical couplers is a discrete fiber coupler (col 9:15-20 “Sampling light beams from each optical fiber 175 are independently transmitted and scanned across a surface of the sample by galvanometer scanner 200, thereby producing discrete and independent illuminated sampling spots or locations S1 . . . Sn each corresponding to one of the optical fibers.”). As to claim 19, ZIG teaches everything claimed, as applied above in claim 17, with the exception of a third planar lightwave circuit, wherein the planar lightwave circuit comprises the plurality of optical couplers. However, Zhou teaches the use of planar lightwave circuits (col 7:55-57 “The same function can be realized in one embodiment with a custom planar lightwave circuit (PLC) splitter design”) and it would have been obvious to one of ordinary skill in the art before applicant’s effective filing date to use a third planar Lightwave circuit in place of other optical elements, and the selection of any of these known equivalents to the claimed planar Lightwave circuit would be an obvious matter of engineering choice within the level of one of ordinary skill in the art. See MPEP 2144.06(II). As to claim 20, ZIG teaches everything claimed, as applied above in claim 1, in addition Zhou teaches the reference arm further comprises a modulation component disposed between the light source and the second splitter (Figure 4 shows the optical circulator 150 between the light source 110 and the second splitter 300, see also col 18:52-67). Zhou does not teach the modulation component being configured to: modulate polarization of light. However, it is known in the art as taught by Götzinger. Götzinger teaches an OCT system “Abstract “We present a new ultra high resolution spectral domain polarization sensitive optical coherence tomography (PS-OCT) system”) with a modulation component that is configured to modulate a polarization of light (Figure 1, page 22707 last paragraph & 22708 top 2 lines “Light emitted from the source enters a fiber based isolator to prevent damage of the source due to back-reflection. A polarization control paddle is implemented to match the polarization state of light with the orientation of the fiber based polarizer. The polarizer provides vertically polarized light which enters the fiber based interferometer, where it is split by a 50/50 coupler into a reference and a sample arm”). It would have been obvious to one of ordinary skill in the art before applicant’s effective filing date to have a modulation component being configured to: modulate polarization of light, in order to better acquire additional polarization information carried by the reflected light. As to claim 21, ZIG teaches everything claimed, as applied above in claim 1, in addition Zhou teaches the reference arm further comprises a modulation component disposed between the light source and the second splitter (Figure 4 shows the optical circulator 150 between the light source 110 and the second splitter 300, see also col 18:52-67). Zhou does not teach the modulation component being configured to: modulate a phase of light. However, it is known in the art as taught by Izatt. Izatt teaches an OCT system (Abstract “Systems and methods are disclosed for optical coherence tomography (OCT)”) with a modulation component that is configured to modulate a phase of light (Figure 2A, paragraph 0059 “A resonator cavity C can be provided through which light from light source 12 can travel and in which a phase modulation of the light can occur as the light travels through the resonator cavity. The resonator cavity can be a part of the light source 12 or can be separate from and/or external to light source 12.”). It would have been obvious to one of ordinary skill in the art before applicant’s effective filing date to have a modulation component being configured to: modulate a phase of light, in order to allow for proper calculation of interference signals from the reference and sample arm signals. As to claim 22, ZIG teaches everything claimed, as applied above in claim 1, in addition the sample arm further comprises a modulation component disposed between the light source and the first splitter (Figure 1 shows the optical circulator 140 between the light source 110 and the first splitter 230, see also col 18:52-67 “it will be understood that various additions, modifications and substitutions may be made therein without departing from the spirit and scope of the present invention as defined in the accompanying claims. In particular, it will be clear to those skilled in the art that the present invention may be embodied in other specific forms, structures, arrangements, proportions, sizes, and with other elements, materials, and components, without departing from the spirit or essential characteristics thereof. One skilled in the art will appreciate that the invention may be used with many modifications of structure, arrangement, proportions, sizes, materials, and components and otherwise, used in the practice of the invention, which are particularly adapted to specific environments and operative requirements without departing from the principles of the present invention.” and it would have been obvious to one of ordinary skill in the art before applicant’s effective filing date to add an additional component that e.g. modulates phase & polarization). Zhou does not teach the modulation component being configured to: modulate polarization of light. However, it is known in the art as taught by Götzinger. Götzinger teaches an OCT system “Abstract “We present a new ultra high resolution spectral domain polarization sensitive optical coherence tomography (PS-OCT) system”) with a modulation component that is configured to modulate a polarization of light (Figure 1, page 22707 last paragraph & 22708 top 2 lines “Light emitted from the source enters a fiber based isolator to prevent damage of the source due to back-reflection. A polarization control paddle is implemented to match the polarization state of light with the orientation of the fiber based polarizer. The polarizer provides vertically polarized light which enters the fiber based interferometer, where it is split by a 50/50 coupler into a reference and a sample arm”). It would have been obvious to one of ordinary skill in the art before applicant’s effective filing date to have a modulation component being configured to: modulate polarization of light, in order to better acquire additional polarization information carried by the reflected light. As to claim 23, ZIG teaches everything claimed, as applied above in claim 1, in addition the sample arm further comprises a modulation component disposed between the light source and the first splitter (Figure 1 shows the optical circulator 140 between the light source 110 and the first splitter 230, see also col 18:52-67 “it will be understood that various additions, modifications and substitutions may be made therein without departing from the spirit and scope of the present invention as defined in the accompanying claims. In particular, it will be clear to those skilled in the art that the present invention may be embodied in other specific forms, structures, arrangements, proportions, sizes, and with other elements, materials, and components, without departing from the spirit or essential characteristics thereof. One skilled in the art will appreciate that the invention may be used with many modifications of structure, arrangement, proportions, sizes, materials, and components and otherwise, used in the practice of the invention, which are particularly adapted to specific environments and operative requirements without departing from the principles of the present invention.” and it would have been obvious to one of ordinary skill in the art before applicant’s effective filing date to add an additional component that e.g. modulates phase & polarization). Zhou does not teach the modulation component being configured to: modulate a phase of light. However, it is known in the art as taught by Izatt. Izatt teaches an OCT system (Abstract “Systems and methods are disclosed for optical coherence tomography (OCT)”) with a modulation component that is configured to modulate a phase of light (Figure 2A, paragraph 0059 “A resonator cavity C can be provided through which light from light source 12 can travel and in which a phase modulation of the light can occur as the light travels through the resonator cavity. The resonator cavity can be a part of the light source 12 or can be separate from and/or external to light source 12.”). It would have been obvious to one of ordinary skill in the art before applicant’s effective filing date to have a modulation component being configured to: modulate a phase of light, in order to allow for proper calculation of interference signals from the reference and sample arm signals. As to claim 24, ZIG teaches everything claimed, as applied above in claim 1, in addition the sample arm further comprises a modulation component disposed between the light source and the first splitter (Figure 1 shows the optical circulator 140 between the light source 110 and the first splitter 230, see also col 18:52-67 “it will be understood that various additions, modifications and substitutions may be made therein without departing from the spirit and scope of the present invention as defined in the accompanying claims. In particular, it will be clear to those skilled in the art that the present invention may be embodied in other specific forms, structures, arrangements, proportions, sizes, and with other elements, materials, and components, without departing from the spirit or essential characteristics thereof. One skilled in the art will appreciate that the invention may be used with many modifications of structure, arrangement, proportions, sizes, materials, and components and otherwise, used in the practice of the invention, which are particularly adapted to specific environments and operative requirements without departing from the principles of the present invention.” and it would have been obvious to one of ordinary skill in the art before applicant’s effective filing date to add an additional component that e.g. modulates phase & polarization). Zhou does not teach the modulation component being configured to: modulate a phase of light. However, it is known in the art as taught by Izatt. Izatt teaches an OCT system (Abstract “Systems and methods are disclosed for optical coherence tomography (OCT)”) with a modulation component that is configured to modulate a phase of light (Figure 2A, paragraph 0059 “A resonator cavity C can be provided through which light from light source 12 can travel and in which a phase modulation of the light can occur as the light travels through the resonator cavity. The resonator cavity can be a part of the light source 12 or can be separate from and/or external to light source 12.”). It would have been obvious to one of ordinary skill in the art before applicant’s effective filing date to have a modulation component being configured to: modulate a phase of light, in order to allow for proper calculation of interference signals from the reference and sample arm signals. Zhou does not teach the modulation component being configured to: modulate polarization of light. However, it is known in the art as taught by Götzinger. Götzinger teaches an OCT system “Abstract “We present a new ultra high resolution spectral domain polarization sensitive optical coherence tomography (PS-OCT) system”) with a modulation component that is configured to modulate a polarization of light (Figure 1, page 22707 last paragraph & 22708 top 2 lines “Light emitted from the source enters a fiber based isolator to prevent damage of the source due to back-reflection. A polarization control paddle is implemented to match the polarization state of light with the orientation of the fiber based polarizer. The polarizer provides vertically polarized light which enters the fiber based interferometer, where it is split by a 50/50 coupler into a reference and a sample arm”). It would have been obvious to one of ordinary skill in the art before applicant’s effective filing date to have a modulation component being configured to: modulate polarization of light, in order to better acquire additional polarization information carried by the reflected light . 07-21-aia AIA Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over ZIG, and further in view of Koerner et al (United States Patent 8605289) . As to claim 3, ZIG teaches everything claimed, as applied above in claim 1, with the exception of the light source is a wavelength-stepped frequency comb source. However, it is known in the art as taught by Koerner. Koerner teaches an OCT system (Abstract “A method and an arrangement are provided for scalable confocal interferometry for distance measurement, for 3-D detection of an object, for Optical Coherence Tomography (OCT) tomography with an object imaging interferometer and at least one light source.”) in which the light source is a wavelength-stepped frequency comb source (Figure 1, col 28:23-27 “A multi-beam interference spectrum with a frequency comb characteristic is therefore produced from the incoming continuum spectrum, or quasi-continuum spectrum, of the superluminescence diode 1”). It would have been obvious to one of ordinary skill in the art before applicant’s effective filing date to have the light source is a wavelength-stepped frequency comb source, in order to improve the robustness of the measurement . 07-21-aia AIA Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over ZIG, and further in view of Jaillon et al (United States Patent 9200888) . As to claim 5, ZIP teaches everything claimed, as applied above in claim 4, with the exception of the first spatial separator comprises a V-groove assembly. However, it is known in the art as taught by Jaillon. Jaillon teaches an OCT system (Abstract “An optical coherence tomography apparatus”) in which a spatial separator comprises a V-groove assembly (Figure 3, col 15:41-43 “A plate 314 holds fiber 312 in a fixed orientation relative to exit lens 310. In the illustrated embodiment, plate 314 is an otherwise conventional V-groove plate”). It would have been obvious to one of ordinary skill in the art before applicant’s effective filing date to have the first spatial separator comprise a V-groove assembly, in order to better hold the fibers in a fixed orientation . 07-21-aia AIA Claim s 25-27 are rejected under 35 U.S.C. 103 as being unpatentable over ZIG, and further in view of Yu et al (United States Patent Application Publication 20190302465) . As to claim 25, ZIG teaches everything claimed, as applied above in claim 20, with the exception of the modulation component comprises: a coupler comprising: a first port optically coupled to the light source; a second port; and a third port; a first phase modulator comprising: a first port optically coupled to the second port of the coupler; and a second port; a second phase modulator comprising: a first port optically coupled to the third port of the coupler; and a second port; and a beam combiner comprising: a first port optically coupled to the first phase modulator; a second port optically coupled to the second phase modulator; and a third port. However, Zhou teaches modulation components (Figures 1, 4, elements 230, 300, and the rejections for claims 1, 20-24 above) and the use of additional components (col 18:52-67) and the claimed modulation component it is known in the art as taught by Yu. Yu teaches an OCT system (Abstract “A system and method for performing Optical Coherence Tomography on a sample”) with a phase modulation component (Abstract “The system may incorporate … phase masks”) that comprises: a coupler comprising: a first port optically coupled to the light source; a second port; and a third port (Figure 4B, paragraph 0047 “non-polarization beam splitter 434”); a first phase modulator comprising: a first port optically coupled to the second port of the coupler; and a second port (Figure 4B, paragraph 0052 “The signal beam is then passed through a phase mask 444, placed close to the first focus of lens 446. This modulates the signal beam's phase to be proportional to Equation 1 at the first focal point of the lens.”); a second phase modulator comprising: a first port optically coupled to the third port of the coupler; and a second port (Figure 4B, paragraph 0058 “a second phase mask 458 may be incorporated along the reference beam's path to modulate the phase of the reference beam to equal the phase modulation of the reflected signal beam.”); and a beam combiner comprising: a first port optically coupled to the first phase modulator; a second port optically coupled to the second phase modulator; and a third port (Figure 4B paragraph 0058 “the two beams are combined in the second non-polarization beam splitter 438”) It would have been obvious to one of ordinary skill in the art before applicant’s effective filing date to have the modulation component comprises: a coupler comprising: a first port optically coupled to the light source; a second port; and a third port; a first phase modulator comprising: a first port optically coupled to the second port of the coupler; and a second port; a second phase modulator comprising: a first port optically coupled to the third port of the coupler; and a second port; and a beam combiner comprising: a first port optically coupled to the first phase modulator; a second port optically coupled to the second phase modulator; and a third port, in order to better modulate the waveform of the beam in a desired manner. As to claim 26, ZIG in view of Yu teaches everything claimed, as applied above in claim 25, in addition Yu teaches the modulation component further comprises: a polarization controller optically coupled to the second port of the coupler and the first port of the first phase modulator (Figure 4B, paragraph 0069 “the signal beam is linearly polarized using a first half-wave plate 440”). It would have been obvious to one of ordinary skill in the art before applicant’s effective filing date to have the modulation component further comprises: a polarization controller optically coupled to the second port of the coupler and the first port of the first phase modulator, in order to allow the information carried by the signal beam and reference beam to be multiplexed into the combined beam without surrendering resolvability into two distinct signals during later interference. As to claim 27, ZIG in view of Yu teaches everything claimed, as applied above in claim 25, in addition Yu teaches the modulation component further comprises: a polarization controller optically coupled to the third port of the coupler and the <first port>[[sport]] of the second phase modulator (Figure 4B, paragraph 0057 “a second half-wave plate 450 may be incorporated to apply a linear polarization to the reference beam”). It would have been obvious to one of ordinary skill in the art before applicant’s effective filing date to have the modulation component further comprises: a polarization controller optically coupled to the third port of the coupler and the <first port>[[sport]] of the second phase modulator, in order to allow the information carried by the signal beam and reference beam to be multiplexed into the combined beam without surrendering resolvability into two distinct signals during later interference . Allowable Subject Matter 07-43-02 AIA Claim s 10, 12 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims. As to claim 10, the prior art of record, taken alone or in combination, fails to disclose or render obvious a system for multiple beam optical coherence tomography comprising a third lens having a first side optically coupled to the first plurality of optical fibers and a second side, wherein the third lens is configured to focus the plurality of beams at a first focal distance corresponding to a focal length of the third lens; a polarizing beam splitter comprising a first port, a second port, and a third port and a first interface that passes light having a first polarization and redirects light having a second polarization and a quarter wave plate optically coupled to the second side of the fourth lens and a first side of the first lens, wherein the first side of the first lens is optically coupled to the quarter wave plate; and the fifth lens having a first side optically coupled to the third port of the polarizing beam splitter and a second side optically coupled to a third plurality of optical fibers, wherein the first plurality of optical fibers and the third plurality of optical fibers are oriented such that light emitted from the first plurality of optical fibers is transmitted to respective optical fibers of the third plurality of optical fibers , in combination with the rest of the limitations of the claim. Claim 12 depends on claim 10 and would be allowable for the same reason. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to JARREAS UNDERWOOD whose telephone number is (571)272-1536. The examiner can normally be reached M-F 0600-1400 EST. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michelle Iacoletti can be reached at (571) 2705789. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent- center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /J.C.U/Examiner, Art Unit 2877 /MICHELLE M IACOLETTI/Supervisory Patent Examiner, Art Unit 2877 Application/Control Number: 18/943,466 Page 2 Art Unit: 2877 Application/Control Number: 18/943,466 Page 3 Art Unit: 2877 Application/Control Number: 18/943,466 Page 4 Art Unit: 2877 Application/Control Number: 18/943,466 Page 5 Art Unit: 2877 Application/Control Number: 18/943,466 Page 6 Art Unit: 2877 Application/Control Number: 18/943,466 Page 7 Art Unit: 2877 Application/Control Number: 18/943,466 Page 8 Art Unit: 2877 Application/Control Number: 18/943,466 Page 9 Art Unit: 2877 Application/Control Number: 18/943,466 Page 10 Art Unit: 2877 Application/Control Number: 18/943,466 Page 11 Art Unit: 2877 Application/Control Number: 18/943,466 Page 12 Art Unit: 2877 Application/Control Number: 18/943,466 Page 13 Art Unit: 2877 Application/Control Number: 18/943,466 Page 14 Art Unit: 2877 Application/Control Number: 18/943,466 Page 15 Art Unit: 2877 Application/Control Number: 18/943,466 Page 16 Art Unit: 2877 Application/Control Number: 18/943,466 Page 17 Art Unit: 2877 Application/Control Number: 18/943,466 Page 18 Art Unit: 2877 Application/Control Number: 18/943,466 Page 19 Art Unit: 2877 Application/Control Number: 18/943,466 Page 20 Art Unit: 2877 Application/Control Number: 18/943,466 Page 21 Art Unit: 2877 Application/Control Number: 18/943,466 Page 22 Art Unit: 2877 Application/Control Number: 18/943,466 Page 23 Art Unit: 2877 Application/Control Number: 18/943,466 Page 24 Art Unit: 2877 Application/Control Number: 18/943,466 Page 25 Art Unit: 2877 Application/Control Number: 18/943,466 Page 26 Art Unit: 2877 Application/Control Number: 18/943,466 Page 27 Art Unit: 2877 Application/Control Number: 18/943,466 Page 28 Art Unit: 2877 Application/Control Number: 18/943,466 Page 29 Art Unit: 2877 Application/Control Number: 18/943,466 Page 30 Art Unit: 2877 Application/Control Number: 18/943,466 Page 31 Art Unit: 2877
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