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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`18/233,941
`
`08/15/2023
`
`Bryan LOCHMAN
`
`TER-118C2/110853-01-5118
`
`9955
`
`Morgan, Lewis & Bockius LLP (BO)
`2222 MarketStreet
`Philadelphia, PA 19103
`
`NIU, XINNING
`
`PAPER NUMBER
`
`ART UNIT
`
`2828
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`03/13/2024
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time 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)
`
`

`

`
`
`Disposition of Claims*
`162-187 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) _ is/are withdrawn from consideration.
`CL] Claim(s)__is/are allowed.
`Claim(s) 162-187is/are rejected.
`(] Claim(s)__ is/are objectedto.
`C] Claim(s
`are subjectto 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://www.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
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`) ) ) )
`
`Application Papers
`10)( The specification is objected to by the Examiner.
`11) The drawing(s)filed on 15 August 2023 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)L) None ofthe:
`b)L) Some**
`a)Q) All
`1.1) Certified copies of the priority documents have been received.
`2.1.) Certified copies of the priority documents have been received in Application No. |
`3.2.) 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)
`
`4)
`
`(LJ Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`(Qj Other:
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20240303
`
`Application No.
`Applicant(s)
`18/233,941
`LOCHMAN et al.
`
`Office Action Summary Art Unit|AIA (FITF)StatusExaminer
`XINNING(TOM) NIU
`2828
`Yes
`
`
`
`-- The MAILING DATEof this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORYPERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensionsof 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 15 August 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) 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)(2) 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.
`
`

`

`Application/Control Number: 18/233,941
`Art Unit: 2828
`
`Page 2
`
`DETAILED ACTION
`
`Notice of Pre-AlA orAIA Status
`
`1.
`
`The presentapplication,filed on or after March 16, 2013, is being examined under the first
`
`inventorto file provisions of the AIA.
`
`Double Patenting
`
`2.
`
`The nonstatutory double patenting rejection is based on a judicially created doctrine grounded
`
`in public policy (a policy reflected in the statute) soas 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. Anonstatutory 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., Inre Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998): Inre
`
`Goodman,11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); Inre Longi, 759 F.2d 887, 225 USPQ 645 (Fed.
`
`Cir. 1985); Inre 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).
`
`Atimely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to
`
`overcome an actualorprovisional rejection based on nonstatutory double patenting provided the
`
`reference application or patent either is shown to be commonly owned withthe examined application,
`
`or claims an invention madeas a result of activities undertaken within the scope of a joint research
`
`agreement. See MPEP § 717.02 for applications subject to examination under thefirst inventor to file
`
`provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject
`
`to examination under thefirst inventor to file provisions of the AIA. A terminal disclaimer must be
`
`signedin compliance with 37 CFR 1.321(b).
`
`

`

`Application/Control Number: 18/233,941
`Art Unit: 2828
`
`Page 3
`
`Thefiling 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 !.B.1. Fora reply toa non-final Office action,
`
`see 37 CFR1.111(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 befiled 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 isfiled
`
`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 befilled out completely online using web-screens. An eTerminal
`
`Disclaimer that meetsall 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.
`
`3.
`
`Claims 162-169 and 174-181 rejected on the ground of nonstatutory double patenting as being
`
`unpatentable over the claims of U.S. Patent No. 11,769,986 (hereinafter Lochman et al.).
`
`4.
`
`Regarding claim 162, Lochman etal. disclose: a laser system comprising a plurality of enclosed
`
`components, at least one of the components comprising one or more beam emitters therewithin,
`
`wherein (i) eachcomponent comprisesa gas inlet configured to permit ingress of gas into the
`
`component and a gas outlet configured to permit egress of gas out of the component, and (ii) the
`
`components are fluidly connected to eachother in series; a pump, different from the plurality of
`
`enclosed components, for supplying gas tothe gas inlet of a first one of the components, whereby the
`
`supplied gas flows sequentially into and out of each of the series -connected components; and a
`
`

`

`Application/Control Number: 18/233,941
`Art Unit: 2828
`
`Page 4
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`siloxane-mitigation system, different from the plurality of enclosed components, configured to remove
`
`siloxanes from gas supplied by the pump (claim 3).
`
`5.
`
`Regarding claim 163, Lochman etal. disclose: further comprising an inlet manifold, different
`
`from the plurality of enclosed components,fluidly coupled to the gas inlet of the first one of the
`
`components, wherein the pump supplies gas tothe inlet manifold for supply to the gas inlet of the first
`
`one of the enclosed components(claim 3).
`
`6.
`
`Regarding claim 164, Lochman etal. disclose: wherein at least one of the enclosed components
`
`of the laser system (i) comprises therewithin one or more optical elements configured to focus and/or
`
`direct laser beams, and (ii) does not comprise a beam emitter therewithin (claim 9).
`
`7.
`
`Regarding claim 165, Lochman etal. disclose: further comprising an outlet manifold, different
`
`from the plurality of enclosed components,fluidly coupled to the gas outlet of a last one of the enclosed
`
`components (claim 4).
`
`8.
`
`Regarding claim 166, Lochman etal. disclose: wherein the pump is fluidly connected to the
`
`outlet manifold (claim 6).
`
`9.
`
`Regarding claim 167, Lochman etal. disclose: wherein the outlet manifold is configured to
`
`release gas intoa surrounding ambient(claim 7).
`
`10.
`
`Regarding claim 168, Lochman etal. disclose: wherein a gas outlet of a last one of the enclosed
`
`components is fluidly connected to the pump (claim 6).
`
`

`

`Application/Control Number: 18/233,941
`Art Unit: 2828
`
`Page5S
`
`11.
`
`Regarding claim 169, Lochman etal. disclose: wherein a gas outlet of a last one of the enclosed
`
`components is configured to release gas intoa surrounding ambient (claim 8).
`
`12.
`
`Regarding claim 174, Lochman etal. disclose: further comprising one or more sensors
`
`configured to detect siloxanes within at least one enclosed component and/or within one or more
`
`conduits fluidly connected to at least one of the pump, at least one enclosed component, or the
`
`siloxane-mitigation system (claim 10).
`
`13.
`
`Regarding claim 175, Lochman etal. disclose: wherein one of the components comprises a laser
`
`resonatorhaving an enclosed laser cavity, the laser cavity comprising therewithin: a plurality of beam
`
`emitters each emitting a beam having a different wavelength; a dispersive element configured to
`
`receive beams emitted by the plurality of emitters and combine the beams into a multi-wavelength
`
`beam; and disposed optically downstream of the dispersive element,a partially reflective out put
`
`coupler configured to (i) receive the multi-wavelength beam,(ii) transmita first portion of the multi-
`
`wavelength beam as an output beam,and (iii) reflect a second portion of the multi-wavelength beam
`
`back toward the dispersive element (claim 17).
`
`14.
`
`Regarding claim 176, Lochman etal. disclose: the laser cavity comprises a platform having top
`
`and bottom opposedsides and defining an opening therethrough; the plurality of beam emittersis
`
`disposed over the topside of the platform, the beams emitted thereby being directed through the
`
`opening in the platform to the bottom side of the platform; and the dispersive elementis disposed over
`
`the bottom side of the platform and positioned to receive the beams directed through the opening
`
`(claim 18).
`
`

`

`Application/Control Number: 18/233,941
`Art Unit: 2828
`
`Page 6
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`15.
`
`Regarding claim 177, Lochman etal. disclose: wherein the partially reflective output coupler is
`
`disposed over the bottom side of the platform (claim 19).
`
`16.
`
`Regarding claim 178, Lochman etal. disclose: wherein the laser cavity comprises therewithin: a
`
`plurality of slow-axis collimation lenses disposed optically downstream of the plurality of beam emitters,
`
`each slow-axis collimation lens configured to receive one or more beams from one of the beam
`
`emitters; anda plurality of folding mirrors disposed optically downstream of the slow-axis collimation
`
`lenses and optically upstream of the dispersive element (claim 20).
`
`17.
`
`Regarding claim 179, Lochman etal. disclose: wherein: the laser cavity comprises a platform
`
`having top and bottom opposedsides; the plurality of beam emitters is disposed over the top side of the
`
`platform; the plurality of slow-axis collimation lenses and the plurality of folding mirrors are disposed
`
`over the top side of the platform; the dispersive elementis disposed over the bottom side of the
`
`platform; the platform defines an opening therethrough, andthe beams emitted by the plurality of
`
`beam emitters are directed, from the top side of the platform to the bottom side of the platform, to the
`
`dispersive element through the opening; and the partially reflective output coupler is disposed over the
`
`bottom side of the platform (claim 21).
`
`18.
`
`Regarding claim 180, Lochman etal. disclose: wherein the plurality of enclosed components of
`
`the laser system comprisesa plurality of laser resonators, each laser resonator(i) being enclosed within
`
`a separate enclosurefluidly coupled to a different one of the gas inlets and (ii) comprising a plurality of
`
`beam emitters therewithin and being configured to combine beams emitted by the beam emitters into a
`
`combined beam (claim 22).
`
`

`

`Application/Control Number: 18/233,941
`Art Unit: 2828
`
`Page 7
`
`19.
`
`Regarding claim 181, Lochman etal. disclose: a beam-combining module, separate from the
`
`laser resonators, configured to receive the combined beams from the laser resonators and combine the
`
`combined beams into an output beam; andafiber optic module, separate from the laser resonators,
`
`configured to receive the output beam from the beam-combining module and supply the output beam
`
`to an optical fiber (claim 23).
`
`20.
`
`Claims 170-173, 182-184, 186 and 187 rejected on the ground of nonstatutory double patenting
`
`as being unpatentable over the claims of U.S. Patent No. 11,769,986 (hereinafter Lochman etal.) in view
`
`of U.SPatent No. 11,424,592 (hereinafter Lochman ‘592).
`
`21.
`
`Regarding claim 170, Lochman etal. do not disclose: further comprising a desiccant positioned
`
`to remove moisture from gas supplied by the pump.
`
`22.
`
`Lochman ‘592 discloses: further comprising a desiccant positioned to remove moisture from gas
`
`supplied by the pump (claim 4). It would have been obvious to one of ordinary skill in the art before the
`
`effective filing date of the claimed invention to modify the device of Lochman by adding a desiccant to
`
`the device in order to remove moisture from the device.
`
`23.
`
`Regarding claim171, Lochman et al. do not disclose: wherein the siloxane-mitigation system
`
`comprises a siloxane-adsorbing material and/or a siloxane-absorbing material.
`
`24,
`
`Lochman ‘592 discloses: wherein the siloxane-mitigation system comprises a siloxane-adsorbing
`
`material and/or a siloxane-absorbing material (claim 5). It would have been obvious to one of ordinary
`
`skill in the art before the effectivefiling date of the claimed invention to modify the device of Lochman
`
`

`

`Application/Control Number: 18/233,941
`Art Unit: 2828
`
`Page 8
`
`by adding a siloxane adsorbing material and/or a siloxane-absorbing material in order to remove
`
`siloxane from the device.
`
`25.
`
`Regarding claim 172, Lochman et al. do not disclose: wherein the siloxane -mitigation system
`
`comprises a remediation system configured to remove siloxanes from thegas via at least one of
`
`condensation or reaction.
`
`26.
`
`Lochman ‘592 discloses: wherein the siloxane-mitigation system comprises a remediation
`
`system configured to remove siloxanes from the gas via at least one of condensation or reaction (claim
`
`8). It would have been obvious to one of ordinary skill in the art before the effective filing date of the
`
`claimed invention to modify the device of Lochman by adding a remediation system in order to remove
`
`siloxane from the device.
`
`27.
`
`Regarding claim 173, Lochman et al. do not disclose: wherein the siloxane -mitigation system
`
`comprises a liquid over and/or through which gas supplied by the pump is flowed.
`
`28.
`
`Lochman ‘592 discloses: wherein the siloxane-mitigation system comprisesa liquid over and/or
`
`through which gas supplied by the pump is flowed (claim 9). It would have been obvious to one of
`
`ordinary skill in the art before the effective filing date of the claimed invention to modify the device of
`
`Lochman by flowing a liquid over or through the gas supplied by the pump in order to removesiloxane
`
`from the device.
`
`29.
`
`Regarding claim 182, Lochman etal. do not disclose: further comprising a computer-based
`
`controller configured to operate the pump.
`
`30.
`
`Lochman ‘592 discloses: further comprising a computer-based controller configured to operate
`
`the pump (claim 11). It would have been obvious to one of ordinary skill in the art before the effective
`
`

`

`Application/Control Number: 18/233,941
`Art Unit: 2828
`
`Page 9
`
`filing date of the claimed invention to modify the device of Lochman by using a computer-based
`
`controller to operate the pump in order to more accurately control the amount of gas in the device.
`
`31.
`
`Regarding claim 183, Lochman et al. do not disclose: further comprising one or more sensors
`
`configured to detect siloxanes within at least one enclosed component and/or within one or more
`
`conduits fluidly connected to at least one of the pump, at least one enclosed component, or the
`
`siloxane-mitigation system, wherein the controller is responsive to signals received from the one or
`
`more sensors.
`
`32.
`
`Lochman ‘592 discloses: further comprising one or more sensors configured to detect siloxanes
`
`within at least one enclosed component and/or within one or more conduits fluidly connected to at
`
`least one of the pump, at least one enclosed component, or the siloxane-mitigation system, wherein the
`
`controller is responsive to signals received from the one or more sensors(claim 12). It would have been
`
`obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to
`
`modify the device of Lochman as modified by adding one or more sensors tothe device and coupled to
`
`the controller in order to adjust the amountof gas in the device based onthe signals from the sensors.
`
`33.
`
`Regarding claim 184, Lochman et al. do not disclose: wherein the controller is configured to
`
`operate the pump only whenasiloxane concentration detected by at least one of the sensors exceeds a
`
`threshold.
`
`34.
`
`Lochman ‘592 discloses: wherein the controller is configured to operate the pump only whena
`
`siloxane concentration detected by at least one of the sensors exceeds a threshold (claim 13). It would
`
`have been obvious to one of ordinaryskill in the art before the effective filing date of the claimed
`
`invention to modify the device of Lochman as modified by adding one or more sensors to the device and
`
`

`

`Application/Control Number: 18/233,941
`Art Unit: 2828
`
`Page 10
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`coupled to the controller in order to adjust the amount of gas in the device based on thesignals from
`
`the sensors.
`
`35.
`
`Regarding claim 186, Lochman etal. do not disclose: wherein the controller is configured to
`
`operate the pump continuously, at least during operation of the one or more beam emitters.
`
`36.
`
`Lochman ‘592 discloses: wherein the controller is configured to operate the pump continuously,
`
`at least during operation of the one or more beam emitters (claim 14). It would have been obvious to
`
`one of ordinary skill in the art before the effective filing date of the claimed invention to modify the
`
`device of Lochman as modified by using a computer-based controller to operate the pump and to
`
`operate the pump continuously in order to supply more gas into the device.
`
`37.
`
`Regarding claim 187, Lochman et al. do not disclose: wherein the controller is configured to
`
`operate the pump at regular, predeterminedintervals, irrespective of a siloxane concentration within
`
`one or more of the components.
`
`38.
`
`Lochman ‘592 discloses: wherein the controller is configured to operate the pump at regular,
`
`predetermined intervals, irrespective of a siloxane concentration within one or more of the components
`
`(claim 15). It would have been obvious to one of ordinary skill in the art before the effective filing date
`
`of the claimed invention to modify the device of Lochman as modified by using a computer-based
`
`controller to operate the pump and to operate the pump at regular, predetermined intervals in order to
`
`simplify the pump control process in the device.
`
`39.
`
`Claim 185 is rejected on the ground of nonstatutory double patenting as being unpatentable
`
`over the claims of U.S. Patent No. 11,769,986 (hereinafter Lochman etal.) in view of U.S Patent No.
`
`11,424,592 (hereinafter Lochman ‘592) and Das et al. (5,646,954).
`
`

`

`Application/Control Number: 18/233,941
`Art Unit: 2828
`
`Page 11
`
`AO.
`
`Regarding claim185, Lochman as modified do not disclose: wherein the controller is configured
`
`to power down or power off the one or more beam emitters whena siloxane concentration detected by
`
`at least one of the sensors exceeds a threshold.
`
`41.
`
`Das et al. disclose: controller is configured to power down or power off the laser when laser
`
`energy deviates too far from a user-specified range(col. 1, lines 23-45). It would have been obvious to
`
`one of ordinary skill in the art before the effective filing date of the claimed invention to modify the
`
`device of Lochman as modified by powering off the one or more beam emitters when a siloxane
`
`concentration exceeds a threshold in order to protect the one or more emitters.
`
`Conclusion
`
`42.
`
`The prior art made of recordand notrelied upon is considered pertinent to applicant's
`
`disclosure. Weida etal. (US PG Pub 2015/0042820) disclose: A sensor system for sensing the presence of
`
`methane and sulfur hexafluoride in an area includes(i) a laser assembly including a quantum cascade
`
`gain medium that generates a MIR output beam that is directed at the area (Abstract). Ikdea et al. (US
`
`PG Pub 2010/0086459) disclose: An impurity removing apparatusis simple in structure for removing
`
`impurities from a rare gas and enable to make the rare gas reusable. The impurity removing apparatus
`
`includes a first treatment device 21 for removing fluorine and fluorine compound which are mixed with
`
`a rare gas discharged from an excimer laser oscillation apparatus 10, asecond treatment device 23 for
`
`removing oxygen generated bythe first treatment device, and a circulation device 25 for circulating the
`
`rare gas discharged from the excimer laser oscillation apparatus 10 and returning the rare gas tothe
`
`excimer laser oscillation apparatus 10 (Abstract).
`
`

`

`Application/Control Number: 18/233,941
`Art Unit: 2828
`
`Page 12
`
`A3.
`
`Anyinquiry concerning this communication or earlier communications from the examiner
`
`should be directed to XINNING(TOM) NIU whose telephone number is (571)270-1437. The examiner can
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`normally be reached M-F: 9:30am-6:00pm.
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`/XINNING(Tom) NIU/
`Primary Examiner, Art Unit 2828
`
`