DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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.
Response to Arguments
Applicant’s arguments with respect to claims as amended have been considered but are moot because the new ground of rejection is based on a different invention embodiment of the previously cited prior art necessitated by claim amendments.
Claim Objections
Claim 1 is objected to because of the following informalities: “an optical fiber that is located in the cavity” should be the optical fiber, since an antecedent basis has been established by “an optical fiber” in the preamble of the claim.
Claim 50 is objected to because of the following informalities: “an optical fiber disposed in the cavity” should be the optical fiber, since an antecedent basis has been established by “an optical fiber” in the preamble of the claim.
Claim 58 is objected to because of the following informalities: it does not end with a period.
Claim 59 is objected to because of the following informalities: “an optical fiber disposed in the cavity” should be the optical fiber, since an antecedent basis has been established by “an optical fiber” in the preamble of the claim.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1, 5, 50-52, 55, 57-65, 69, 70 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by JP 2001228373 A patent publication (the ‘373 publication, previously cited in the Office action mailed on 12/19/2023).
PNG
media_image1.png
418
344
media_image1.png
Greyscale
Regarding claim 1, the ‘373 publication discloses an optical fiber cable (see Fig. 5 with additional annotations below), comprising: a hollow jacket that includes a cavity (elliptical cavity in which an optical fiber unit 3 is disposed) having an oblong shape (six rows and four columns of optical fiber wires 1 as illustrated in Fig. 5) in a cross section of the hollow jacket that extends along a length of the hollow jacket; an optical fiber (optical fiber wire 1) that is located in the cavity and extends the length of the hollow jacket; a strengthening member (tension member 5) embedded in the hollow jacket; wherein the cavity is configured to have a cavity length in a first direction (along A-axis) transverse to the length of the hollow jacket that is greater than a maximum cavity width in a second direction (along B-axis) that is perpendicular to the first direction and transverse to the length of the hollow jacket (since the elliptical cavity is shown elongated in the A-axis direction); wherein the cavity includes a first end and a second end (interior points that are tangential with top and bottom tubular members 7, respectively) in the first direction along a first axis (A-axis); wherein an outer surface of the hollow jacket is configured to include an indicator portion (raised portions 8 as illustrated, “When the mark 9 is provided on the surface of the sheath 4, the raised portion 8 can be omitted”, i.e., the jacket has the mark 9 instead of the raised portion and has a circular cross-section) aligned with the first end and the second end (the interior points that are tangential with the top and bottom tubular members 7, respectively) in the first direction along the first axis (A-axis); wherein the hollow jacket is configured to include first portions between the first end of the cavity and the outer surface of the hollow jacket (between the top tubular member 7 and the outer surface of the jacket 4, along the A-axis) and between the second end of the cavity and the outer surface of the hollow jacket (between the bottom tubular member 7 and the outer surface of the jacket 4) in the first direction along the first axis (A-axis); wherein a center of the cavity in the first direction has a largest width in the second direction extending from a first side of the cavity to a second side of the cavity along a second axis in the second direction (by virtue of the cavity’s elliptical shape in Fig. 5); wherein a width of the cavity in the second direction (horizontal width or a width measured parallel to the B-axis) tapers along a majority of a length in the first direction (A-axis) from the center of the cavity in the first direction to the first end and along a majority of a length from the center of the cavity in the first direction to the second end (by virtue the cavity’s elliptical shape, the cavity is the widest at B-axis and gradually narrows to the top and bottom ends along the A-axis); wherein the hollow jacket is configured to include second portions between the first side (left side) of the cavity and the outer surface of the hollow jacket and between the second side (right side) of the cavity and the outer surface of the hollow jacket in the second direction along the second axis; wherein the strengthening member (the tension members 5) is located in one of the second portions between the cavity and the outer surface of the hollow jacket in the second direction along the width axis (the tension members are placed along the B-axis); wherein each of the first portions is configured to include a first thickness (measured proximate the A-axis) and each of the second portions is configured to include a second thickness (measured proximate the B-axis), and the second thickness is greater than the first thickness (due to the cavity’s elliptical shape); wherein the hollow jacket is configured to include third portions (spans between the first and second portions, e.g., indicated as portion C in Fig. 5) between the first portions and the second portions; wherein each of the third portions is configured to include a third thickness measured from the cavity to the outer surface of the hollow jacket (within portion C in Fig. 5), and the third thickness greater than the first thickness and less than the second thickness (due to the cavity’s elliptical shape, the third thickness gradually decreases from the B-axis to the A-axis, and it is further noted here that thickness is at its smallest at the A-axis since the raised portion 8 is omitted in favor of the mark 9); wherein the thinner first portions are weaker (since it’s at its thinnest) than the thicker second portions such that the hollow jacket is configured to selectively tear along the length of the jacket at the first portions so as to provide enhanced access the optical fiber in the cavity; and wherein the thinner first portions created by the oblong cavity are configured to permit the outer surface of the jacket to include a continuously circular (since the raised portion 8 is omitted), curved, or arcuate outer surface portion that is configured to provide enhanced sealing during operation of the optical cable (since the cable does not have any opening and meets all the structural limitation of the claimed invention, it is presumed to be able to perform the same).
Regarding claim 5, the ‘373 publication further discloses the indicator portion comprises a color portion of the outer surface of the jacket that contrasts with a remainder of the outer surface of the jacket (by way of the mark 9 including characters printed on the cable jacket 4).
Regarding claim 50, the ‘373 publication discloses an optical fiber cable (see Fig. 5 above with additional annotations), comprising: a jacket (sheath 4) including a cavity having an oblong shape (substantially elliptical) in a cross section of the jacket and extending along a length of the jacket; an optical fiber (optical fiber wire 1) that is located in the cavity and extends the length of the jacket; wherein the cavity is configured to have a length in a first direction (indicated by dashed line A in Fig. 5) that is greater than a width in a second direction (indicated by a dashed line B in Fig. 5) that is perpendicular to the first direction; wherein the cavity includes a first end and a second end in the first direction along a first axis (the interior points that are tangential with the top and bottom tubular members 7, respectively); wherein an outer surface of the jacket includes an indicator portion aligned with the first end and the second end in the first direction along the first axis (raised portions 8 as illustrated, “When the mark 9 is provided on the surface of the sheath 4, the raised portion 8 can be omitted”, i.e., the jacket has the mark 9 instead of the raised portion and has a circular cross-section); wherein the jacket comprises first portions between the first end of the cavity and the outer surface of the jacket (between the top tubular member 7 and upper portion 8/mark 9) and between the second end of the cavity and the outer surface of the jacket (between the lower tubular member 7 and the lower portion 8/mark 9) in the first direction along the first axis (axis A); wherein the jacket comprises second portions between a first side of the cavity and the outer surface of the jacket (between the left side of the cavity and the jacket, enclosing a left tension member 5, Fig. 5) and between a second side of the cavity and the outer surface of the jacket (between the right side of the cavity and the jacket, enclosing a right tension member 5, Fig. 5) in a second direction along a second axis that is perpendicular to the first axis (B and A axes, respectively, Fig. 5); wherein a center of the cavity in the first direction has a largest width in the second direction extending from a first side of the cavity to a second side of the cavity along the second axis (the cavity’s elliptical shape means it has the largest width at the B-axis from left to right sides of the cavity); wherein a width of the cavity in the second direction (horizontal width of the cavity) tapers along a length from the center of the cavity in the first direction to the first end and a long a length from the center of the cavity in the first direction to the second end (the horizontal width of the elliptical cavity decreases toward the top and bottom ends of the cavity, Fig. 5); wherein the first portions are structurally configured to be weaker (thickness is at its smallest at the A-axis since the raised portion 8 is omitted in favor of the mark 9) than the second portions such that the jacket is configured to tear along the length of the jacket at the first portions (the mark 9 indicates a position at which the sheath 4 is torn as discussed in Embodiment 2), thereby exposing the optical fiber in the cavity; and wherein the first portions created by the oblong shape of the cavity are structurally configured to permit the outer surface of the jacket to include a curved or arcuate outer surface portion (the sheath is circular or arcuate in its entirety) adjacent the first portions (as illustrated in Fig. 5) that is structurally configured to provide enhanced sealing of the optical fiber cable during operation (since the cable does not have any opening and meets all the structural limitation of the claimed invention, it is presumed to be able to perform the same).
Regarding claim 51, the ‘373 publication further discloses each of the first portions is configured to include a first thickness and each of the second portions is configured to include a second thickness, and the second thickness is greater than the first thickness (thickness of the sheath 4 tapers from B-axis toward A-axis as shown in Fig. 5).
Regarding claim 52, the ‘373 publication further discloses a strengthening member (tension member 5) that is embedded in one of the second portions between the cavity and the outer surface of the hollow jacket in the second direction along the width axis (B-axis).
Regarding claim 55, the ‘373 publication further discloses the indicator portion comprises a color portion of the outer surface of the jacket that contrasts with a remainder of the outer surface of the jacket (by way of the mark 9 including characters printed on the cable jacket 4).
Regarding claim 57, the ‘373 publication further discloses the curved outer surface portion comprises a continuously curved or arcuate outer surface portion (the jacket 4 has a circular cross-section as the mark 9 is provided and the raised portions 8 are omitted).
Regarding claim 58, the ‘373 publication further discloses the hollow jacket is configured to include third portions (spans between the first and second portions, e.g., indicated as portion C in Fig. 5) between the first portions and the second portions; wherein each of the third portions is configured to include a third thickness measured from the cavity to the outer surface of the hollow jacket, and the third thickness greater than the first thickness and less than the second thickness (the third thickness gradually decreases from the B-axis to the A-axis, and it is further noted here that thickness is at its smallest at the A-axis since the raised portion 8 is omitted in favor of the mark 9).
Regarding claim 59, the ‘373 publication discloses an optical fiber cable (Fig. 5) comprising: a jacket (4) comprising a cavity (elliptical cavity) that extends along a length of the jacket; an optical fiber (1) disposed in the cavity and extending along the length of the jacket; wherein the cavity has a length extending in a first direction (A-axis) from a first end (top tubular member 7) of the cavity to a second end (bottom tubular member 7) of the cavity along a first axis (A-axis) that is greater (elliptical) than a width in a second direction (B-axis) that is perpendicular to the first direction; wherein the jacket comprises a tearing portion (indicated by mark 9 at omitted raised portion 8) that is located between an end (the first end or the top tubular member 7) of the cavity and an outer surface of the jacket in the first direction (A-axis) such that the jacket is structurally configured to tear along the length of the jacket at the tearing portion so as to allow for enhanced access to the optical fiber in the cavity (the mark 9 indicates a position at which the sheath 4 is torn as discussed in Embodiment 2); wherein the jacket includes a strengthened portion (tension member 5) between a side of the cavity and the outer surface of the jacket in the second direction (b-axis) along a second axis that is perpendicular to the first axis; wherein a center of the cavity in the first direction has a largest width in the second direction extending from a first side of the cavity to a second side of the cavity along the second axis (the cavity’s elliptical shape means it has the largest width at the B-axis from left to right sides of the cavity); wherein a width of the cavity in the second direction (horizontal width of the cavity) tapers along a length from the center of the cavity in the first direction to the first end and a long a length from the center of the cavity in the first direction to the second end (the horizontal width of the elliptical cavity decreases toward the top and bottom ends of the cavity, Fig. 5); and wherein the tearing portion created by a shape of the cavity is structurally configured to permit the outer surface of the jacket to include a surface portion adjacent the tearing portion that is structurally configured to provide enhanced sealing during operation of the optical fiber cable (the outer surface has a circular cross-section and since the cable does not have any opening and meets all the structural limitation of the claimed invention, it is presumed to be able to perform the same).
Regarding claim 60, the ‘373 publication further discloses that the tearing portion comprises first portions between the first end of the cavity and the outer surface of the jacket and between the second end of the cavity and the outer surface of the jacket in the first direction along the first axis (the positions at which the sheath 4 is torn are indicated by marks 9 corresponding to omitted raised portion 8 on top and bottom of the sheath 4).
Regarding claim 61, the ‘373 publication further discloses that the jacket is configured to include second portions (proximate the tension members 5) between the first side of the cavity and the outer surface of the jacket and between the second side of the cavity and the outer surface of the jacket in the second direction along the second axis, and wherein the tearing portion is configured to be weaker (by virtue of lack of tension members and thinner than the second portions) than the second portions.
Regarding claim 62, the ‘373 publication further discloses an outer surface of the jacket includes an indicator portion (marks 9 corresponding to omitted raised portion 8 on top and bottom of the sheath 4) that is aligned with the first end and the second end in the first direction along the first axis (A-axis).
Regarding claim 63, the ‘373 publication further discloses the indicator portion comprises a color portion of the outer surface of the jacket that contrasts with a remainder of the outer surface of the jacket (by way of the mark 9 including characters printed on the cable jacket 4).
Regarding claim 64, the ‘373 publication further discloses each of the first portions is configured to include a first thickness and each of the second portions is configured to include a second thickness,and the second thickness is greater than the first thickness (thickness of the sheath 4 tapers from B-axis toward A-axis as shown in Fig. 5).
Regarding claim 65, the ‘373 publication further discloses a strengthening member portion (tension member 5) that is embedded in the jacket between the cavity and the outer surface of the hollow jacket along the second direction.
Regarding claim 69, the ‘373 publication further discloses the curved outer surface portion comprises a continuously curved or arcuate outer surface portion (the jacket 4 has a circular cross-section as the mark 9 is provided and the raised portions 8 are omitted).
Regarding claim 70, the ‘373 publication further discloses the hollow jacket is configured to include an intermediate portion (spans between the first and second portions, e.g., indicated as portion C in Fig. 5) between the first portions and the second portions; wherein the intermediate portion is configured to include a thickness measured from the cavity to the outer surface of the hollow jacket that is greater than a thickness of the tearing portion and less than the thickness of the strengthened portion (the intermediate thickness gradually decreases from the B-axis to the A-axis, and it is further noted here that thickness is at its smallest at the A-axis since the raised portion 8 is omitted in favor of the mark 9).
Claim Rejections - 35 USC § 103
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.
Claims 2-4, 53, 54, 56, 66, 67, 68 are rejected under 35 U.S.C. 103 as being unpatentable over the ‘373 publication as applied to claims 1, 50, 59, 65 above, respectively, and further in view of EP 3451036 A1 by Kumar et al. (previously cited in the Office action mailed on 12/19/2023). The ‘373 publication discloses the optical fiber cable comprising a pair of the steel wires 5 used as tension elements but does not further disclose additional features including using a rip cord, water swellable material, or twisted strands of brass plated steel tensile strength members. Kumar also teaches an optical waveguide cable comprising a jacket 173 having a central cavity in which a plurality of optical waveguide 133 are disposed, a plurality of fluid absorbing elements 163 (water swellable yarns), a plurality of ripcords 193a-b, a plurality of robust components 183 each made of three brass coated steel wires twisted together. Each of these features is commonly known and used in manufacturing optical cables and serves a unique purpose, i.e., to absorb fluid and prevent water damaged to the optical fibers, to tear open the cable in order to access the optical fibers therein, or to provide mechanical protection to the cable against tensile forces with reduced corrosion, and it would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to modify the invention discloses in the ‘373 publication by further incorporate these features for the same known reasons.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US6314224 disclose an optical cable with elongated cavity designs.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHARLIE PENG whose telephone number is (571)272-2177. The examiner can normally be reached 9AM - 6PM.
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, Thomas Hollweg can be reached on (571)270-1739. 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.
/CHARLIE Y PENG/ Primary Examiner, Art Unit 2874
Prosecution Insights