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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`17/873,361
`
`MO
`
`07/26/2022
`
`Wang-Long ZHOU
`
`TER-110C1/110853-01-5116
`
`8450
`
`ee
`
`USLLP
`
`MORGAN, LEWIS & BOCKIUS LLP (BO)
`1701 MarketStreet
`Philadelphia, PA 19103
`
`CONNELLY, MICHELLE R
`
`ART UNIT
`
`2874
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`10/19/2023
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`Thetime period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
`following e-mail address(es):
`
`judith.troilo @ morganlewis.com
`phpatentcorrespondence@ morganlewis.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`Application No.
`Applicant(s)
`17/873,361
`ZHOU etal.
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`MICHELLE R CONNELLY
`2874
`Yes
`
`
`
`-- The MAILING DATEof this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available underthe provisions of 37 CFR 1.136(a). In no event, however, may a reply betimely filed after SIX (6) MONTHSfrom the mailing
`date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHSfrom the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, evenif timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
`
`1) Responsive to communication(s)filed on 17 July 2023.
`C) A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`
`2a)() This action is FINAL. 2b)¥)This action is non-final.
`3)02 An election was madeby the applicant in responseto a restriction requirement set forth during the interview
`on
`; the restriction requirement and election have been incorporated into this action.
`4)\0) Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Exparte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`6)
`
`
`
`Disposition of Claims*
`49,59-77,126-128 and 138-139 is/are pending in the application.
`5)
`Claim(s)
`5a) Of the above claim(s) 49,59-60,62-63 66-68 ,70-71,73 and 75-76is/are withdrawn from consideration.
`1) Claim(s)__ is/are allowed.
`Claim(s) 65,69,72,74,77,126-128 and 138-139 is/are rejected.
`Claim(s) 61 and 64 is/are objected to.
`Claim(s) 49,59-77,126-128 and 138-139 are subject to restriction and/or election requirement
`* If any claims have been determined allowable, you maybeeligible to benefit from the Patent Prosecution Highway program at a
`participating intellectual property office for the corresponding application. For more information, please see
`http:/Awww.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
`
`) ) )
`
`Application Papers
`10)C) The specification is objected to by the Examiner.
`11) The drawing(s) filed on 26 July 2022 is/are: a)(¥) accepted or b)() objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`Priority under 35 U.S.C. § 119
`12). Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`c)C) None ofthe:
`b)( Some**
`a) All
`1.12 Certified copies of the priority documents have been received.
`2..) Certified copies of the priority documents have beenreceived in Application No.
`3.0] Copies of the certified copies of the priority documents have been receivedin this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`* See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`1)
`
`Notice of References Cited (PTO-892)
`
`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mail Date
`U.S. Patent and Trademark Office
`
`3)
`
`(LJ Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) (J Other:
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20231013
`
`

`

`Application/Control Number: 17/873,361
`Art Unit: 2874
`
`Page 2
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`DETAILED ACTION
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`Notice of Pre-AlA or AIA Status
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`The present application, filed on or after March 16, 2013, is being examined
`
`under the first inventor to file provisions of the AIA.
`
`Election/Restrictions
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`Applicant’s election without traverse of Invention III, Species A, Sub-Species a-3,
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`b-3, c-1, d-2, e-2, and f-3, including claims 61, 64, 65, 69, 72, 74, 77, 126-128, 138 and
`
`139 in the reply filed on July 17, 2023 is acknowledged.
`
`Claims 49, 59, 60, 62, 63, 66-68, 70, 71, 73, 75, and 76 have been withdrawn
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`from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a
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`nonelected invention and/or species, there being no allowable generic or linking
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`claim. Election was made without traversein the reply filed on July 17, 2023.
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`Response to Amendment
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`Applicant's Amendmentfiled July 17, 2023 has been fully considered and
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`entered.
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`Information Disclosure Statement
`
`The prior art documents submitted by applicant in the Information Disclosure
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`Statementsfiled on March 16, 2023; August 2, 2022; and July 26, 2022 have all been
`
`considered and madeof record (note the attached copies of form PTO-1449).
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`

`

`Application/Control Number: 17/873,361
`Art Unit: 2874
`
`Page 3
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`Twelve (12) sheets of drawings werefiled on July 26, 2022 and have been
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`Drawings
`
`accepted by the examiner.
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`Specification
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`Applicant's cooperation is requested in correcting any errors of which applicant
`
`may become awarein the specification.
`
`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
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`correction of the statutory basis (i.e., changing from AIA to pre-AlA) for the rejection will
`
`not be considered a new ground ofrejection 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 madein 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 effectivefiling date of the claimed
`invention.
`
`Claim(s) 65, 69, 72, 74, 77, 126-128, 138, and 139 are rejected under 35
`
`U.S.C. 102(a)(1) as being anticipated by Grosset al. (US 2018/0188544 A1).
`
`Regarding claim 126; Grosset al. discloses method of processing a workpiece
`
`with a laser beam (delivering a shaped beam to a workpiece; see Figures 22A and
`
`paragraph 140), the method comprising:
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`

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`Application/Control Number: 17/873,361
`Art Unit: 2874
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`Page 4
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`e
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`providing an opticalfiber (fiber 2000 in Figure 20 or 2100 in Figure 21,
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`which correspond to secondlength of fiber 108 of VBC fiber assembly
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`2202 in Figure 22A) having an input end and an output end opposite the
`
`input end, wherein the optical fiber (108; 2000 or 2100) comprises
`
`oO
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`(i) a center core (center confinement region 2008, 2108) having a
`
`first refractive index (n1, see refractive index profile, RIP 2002 or
`
`2102, see annotated Figures 20 and 21 below, wherein the label
`
`“Radial Distance” has been removedfor clarity),
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`(ii) Surrounding the center core (2008, 2108), a first cladding (2012,
`
`2112) having a second refractive index (n2; see annotated Figures
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`20 and 21 below) smaller than the first refractive index (n1, n2<n1),
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`(iii) Surrounding the first cladding (2012, 2112), an annular core
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`(2006, 2106), and
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`(iv) Surrounding the annular core (2006, 2106), a second cladding
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`(2010, 2110) having a third refractive index (n3; see annotated
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`Figures 20 and 21 below) smaller than the first refractive index (n1,
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`n3<n1), wherein the annular core (2006, 2106) comprises
`
`*
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`(a) a first region (first region; see annotated Figures 20 and
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`21 below) having a fourth refractive index (n4) greater than
`
`the second refractive index (n2, n4>n2),
`
`»
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`(b) a second region (second region; see annotated Figures
`
`20 and 21 below) havingafifth refractive index (n5) greater
`
`than the second refractive index (n2, n5>n2), and
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`

`

`Application/Control Number: 17/873,361
`Art Unit: 2874
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`Page 5
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`
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`" (c)athird region (divergence structure 2014, 2114),
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`disposed between the first and second regions (see Figures
`
`20 and 21), having a sixth refractive index (n6) smaller than
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`the fourth (n4) and fifth (n5) refractive indices (n6<n4 and
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`n6<n5);
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`‘secand region 2S
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`FIG. 21
`
`disposing a workpiece (workpiece; see paragraphs 3, 93, 116, 134, 135,
`
`and 140) proximate the output end of the opticalfiber (see Figure 22A);
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`determining (see Figure 35, septs 3505-3530; see paragraphs 116, 140
`
`and 169) at least one of a beam parameter product or a numerical
`
`aperture (spot size, divergence, spatial profile, divergenceprofile, etc.) for
`
`processing of the workpiece basedat least in part on at least one of(i) a
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`type of processing to be performed on the workpiece (type of cutting
`
`taking place; see paragraphs 167 and 178), (ii) a property of the
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`

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`Application/Control Number: 17/873,361
`Art Unit: 2874
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`Page 6
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`workpiece (type of material of the work piece; see paragraphs 21 and 167;
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`thickness of material; see paragraph 178), or (iii) a processing path along
`
`which the workpieceis to be processed;
`
`e
`
`directing a laser beam (2210; see Figure 22A) onto one or morein-
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`coupling locations on the input end of the optical fiber (the in-coupling end
`
`of the optical fiber of VBC fiber assembly 2202) to select the at least one
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`of the beam parameter product or the numerical aperture of the laser
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`beam (shaped beam; see paragraph 140) emitted from the output end of
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`the optical fiber; and
`
`e
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`processing the workpiece (workpiece; see paragraph 140) with the laser
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`beam emitted from the output end of the optical fiber.
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`Regarding claim 65; the fifth refractive index (n5) is equal to the first refractive
`
`index (n1; see annotated Figures 20 and 21 above).
`
`Regarding claim 69; the sixth refractive index (n6) is larger than the second
`
`refractive index (n2; see annotated Figures 20 and 21 above).
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`Regarding claim 72; a thicknessofthe first region is less than a thicknessof the
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`second region (see annotated Figure 21 above).
`
`Regarding claim 74; a thicknessof the third region is less than a thickness of the
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`first region and/or a thickness of the second region (see Figures 20 and 21 annotated
`
`above).
`
`Regarding claim 77; a thicknessof the third region is greater than a thickness of
`
`the first cladding (see Figure 20, annotated above).
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`

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`Application/Control Number: 17/873,361
`Art Unit: 2874
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`Page 7
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`Regarding claim 127; processing the workpiece comprises physically altering at
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`least a portion of a surface of the workpiece (cutting or welding; see at least paragraphs
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`3, 4 and 23; see Figure 35).
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`Regarding claim 128; processing the workpiece comprises at least one of cutting,
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`welding, etching, annealing, drilling, soldering, or brazing (cutting or welding; see at
`
`least paragraphs 3, 4, and 23; see Figure 35).
`
`Regarding claim 138; Gross et al. discloses the method of claim 126, wherein (i)
`
`the at least one of the beam parameter product or the numerical aperture is determined
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`basedat least in part on a property of the workpiece (type of material of workpiece
`
`and/or thickness of material of workpiece; see paragraphs 4, 21, 164, 167, and 178),
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`and (ii) the property of the workpiece comprises at least one of a thickness of the
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`workpiece, a composition of the workpiece, a reflectivity of the workpiece, or a
`
`topography of the workpiece (type of material of workpiece and/or thickness of material
`
`of workpiece; see paragraphs 4, 21, 164, 167, and 178).
`
`Regarding claim 139; the at least one of the beam parameter product or the
`
`numerical aperture is determined basedat least in part on one or moredirectional
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`changes in the processing path (cut direction; see paragraph 15, 18, 23, 27, 30, 171,
`
`and 180).
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`Allowable Subject Matter
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`Claims 61 and 64 are objected to as being dependent upona 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.
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`

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`Application/Control Number: 17/873,361
`Art Unit: 2874
`
`Page 8
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`The following is a statement of reasons for the indication of allowable subject
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`matter: The prior art of record, which is the most relevant prior art known, does not
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`disclose or render obvious:
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`e The method of claim defined by claim 61, wherein the fourth refractive
`
`index is smaller thanthe fifth refractive index in combination with all of
`
`the limitations of base claim 126; or
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`e The method defined by claim 64, wherein the fourth refractive index is
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`smaller than thefirst refractive index in combination with all of the
`
`limitations of base claim 126.
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`Conclusion
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`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to MICHELLE R CONNELLY whosetelephone number is
`
`(571)272-2345. The examiner can normally be reached Monday-Friday, 9 AM to 5 PM.
`
`Examiner interviews are available via telephone, in-person, and video
`
`conferencing using a USPTO supplied web-basedcollaboration tool. To schedule an
`
`interview, applicant is encouraged to use the USPTO Automated Interview Request
`
`(AIR) at http:/Awww.uspto.gov/interviewpractice.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner's
`
`supervisor, Uyen-Chau Le can be reached on 571-272-2397. The fax phone number for
`
`the organization wherethis 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
`
`

`

`Application/Control Number: 17/873,361
`Art Unit: 2874
`
`Page 9
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`available to registered users. To file and manage patent submissions in Patent Center,
`
`visit: https://patentcenter.uspto.gov. Visit https:/Awww.uspto.gov/patents/apply/patent-
`
`center for more information about Patent Center and
`
`https:/Awww.uspto.gov/patents/docx for information aboutfiling in DOCX format. For
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`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.
`
`/MICHELLE R CONNELLY/
`Primary Examiner, Art Unit 2874
`
`