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 does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 28 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 37 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.
Claims 39, 40 are objected to because of the following informalities: each of the claims recites “the selectively tearing portion”, which lacks antecedent basis. They are presumed to be “the tearing portion” for the purpose of this Office action.
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, 28-31, 34, 36-44, 47, 49 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).
Regarding claim 1, the ‘373 publication discloses an optical fiber cable (see Fig. 9 with additional annotations below), comprising: a hollow jacket that includes a cavity (in which an optical fiber unit 3 is
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disposed) having an oblong shape (six rows and four columns of optical fibers 1 as illustrated in Fig. 9) in a cross section of the hollow jacket that extends along a length of the hollow jacket; an optical fiber (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; wherein the cavity includes a first end and a second end (tips of upper and lower V-shaped grooves 14, 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, which is omitted when a mark 9 is provided on the surface of the jacket 4, 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 tips of the V-shaped grooves 14) 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 tip of the upper V-shaped groove 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 tip of the lower V-shaped groove 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 (the cavity is largest in the middle in the vertical direction and tapers toward upper and lower ends by way of the V-shaped grooves 14, as illustrated in Fig. 9); 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 along the A-axis) and each of the second portions is configured to include a second thickness (measured along the B-axis), and the second thickness is greater than the first thickness (due to the cavity being elongated in the first direction/A-axis and the presence of the V-shaped grooves disposed along the A-axis); wherein the hollow jacket is configured to include third portions (above the top side of the cavity and adjacent the groove 14, located at/near C axis in Fig. 9) 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 (e.g., measured along C-axis as illustrated in Fig. 9), and the third thickness greater than the first thickness (since it is without the V-shaped groove 14) and less than the second thickness (since it is located along longer side of the cavity); wherein the thinner first portions are weaker 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 (see at least Abstract); 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, 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 28, the ‘373 publication discloses an optical fiber cable (see Fig. 9 with additional annotations below), comprising: a jacket (sheath 4) including a cavity having an oblong shape
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(substantially rectangular for housing an optical fiber unit 3) in a cross section of the jacket (as illustrated in Fig. 9) and extending along a length of the jacket; an optical fiber (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. 9) that is greater than a width (cavity accommodating six rows vs. four columns of optical fibers 1) in a second direction (indicated by a dashed line B in Fig. 9) 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 (top and bottom ends on axis A in Fig. 9); 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, which is omitted when a mark 9 is provided on the surface of the jacket 4, i.e., the jacket has the mark 9 instead of the raised portion and has a circular cross-section); wherein the jacket is configured to include first portions between the first end of the cavity and the outer surface of the jacket (between the tip of an upper V-shaped groove 14 and upper portion 8/mark 9) and between the second end of the cavity and the outer surface of the jacket (between the tip of a lower V-shaped groove 14 and the lower portion 8/mark 9) in the first direction along the first axis (axis A); wherein the jacket is configured to include 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. 9) 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. 9) in a second direction along a second axis that is perpendicular to the first axis (B and A axes, respectively, Fig. 9); wherein the hollow jacket is configured to include third portions (above the top side of the cavity and adjacent the groove 14, located at/near C axis in Fig. 9) between the first portions (portion of the jacket above the upper V-shaped groove 14 and below the lower V-shaped groove 14, Fig. 9) and the second portions (to the left/right of the cavity, Fig. 9); 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 (e.g., along C axis), and the third thickness greater than the first thickness (the first thickness is less than the third thickness due to the presence of the groove 14, and the portion 8 may be omitted in favor of the mark 9) and less than the second thickness (the second thickness is more than the third thickness due to the substantially rectangular shape of the cavity); wherein the first portions are configured to be weaker (by way of the V-shaped grooves 14 in the first portions) than the second portions such that the jacket is configured to tear along the length of the jacket at the first portions (see Abstract), thereby exposing the optical fiber in the cavity; and wherein the first portions created by the oblong shape of the cavity are configured to permit the outer surface of the jacket to include a curved or arcuate outer surface portion adjacent the first portions (as illustrated in Fig. 9) that is 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 29, the ‘373 publication further discloses 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 (the cavity is largest in the middle in the vertical direction and tapers toward upper and lower ends by way of the V-shaped grooves 14, as illustrated in Fig. 9).
Regarding claim 30, the ‘373 publication further teaches 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 (first thickness is smaller since the cavity is oblong in the vertical direction and has top and bottom V-shaped grooves 14).
Regarding claim 31, the ‘373 publication further discloses a strengthening member (embedded 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.
Regarding claim 34, 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 36, 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 37, the ‘373 publication discloses an optical fiber cable (Fig. 9 with annotations above) comprising: a jacket (4) that include a cavity (substantially rectangular for housing an optical fiber unit 3) that extends along a (vertical direction, Fig. 9) length of the jacket; an optical fiber (1) that is located in the cavity and extends along the length of the jacket; wherein the cavity is configured to have a length in a first direction (A-axis) that is greater than a width in a second direction (B-axis) that is perpendicular to the first direction; wherein the jacket is configured to include a tearing portion (at the V-shaped grooves 14) that is located between an (upper or lower) end 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; wherein the jacket includes a strengthened portion (left and right sides of the jacket 4 including embedded tension members 5) between a side of the cavity and the outer surface of the jacket in a second direction along a second axis (B-axis) that is perpendicular to the first axis wherein the jacket is configured to include an intermediate portion (above the top side of the cavity and adjacent the groove 14, located at/near C axis in Fig. 9) between the tearing portion and the strengthened portion; 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 (due to the presence of the groove 14, and the portion 8 may be omitted in favor of the mark 9) and less than the thickness of the strengthened portion (due to the substantially rectangular shape of the cavity); and wherein the tearing portion created by a shape of the cavity is configured to permit the outer surface of the jacket to include a surface portion adjacent the tearing portion that is 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 38, the ‘373 publication further discloses the cavity includes a first end and a second end in the first direction along a first axis (top and bottom grooves 14 along A-axis) and a first side and a second side in the second direction along a second axis (left and right sides along B-axis).
Regarding claim 39, the ‘373 publication further discloses the selectively teared 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 (i.e., portions of the jacket between the tips of the upper/lower V-shaped grooves 14 and the outer surface of the jacket 4).
Regarding claim 40, the ‘373 publication further discloses the jacket is configured to include second portions 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 (i.e., the portions of the jacket 4 between left/right sides of the cavity and the outer surface of the jacket 4), and wherein the selectively teared portion is configured to be weaker (due to the V-shaped grooves) than the second portions.
Regarding claim 41, the ‘373 publication further discloses an outer surface of the jacket includes an indicator portion (mark 9 where the raised portions 8 are omitted) that is aligned with the first end and the second end in the first direction along the first axis (A-axis).
Regarding claim 42, the ‘373 publication further discloses 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 (the cavity is largest in the middle in the vertical direction and tapers toward upper and lower ends by way of the V-shaped grooves 14, as illustrated in Fig. 9).
Regarding claim 43, the ‘373 publication further discloses each of the first portions is configured to include a first thickness (between the tips of the V-shaped grooves 14 and the outer surface of the jacket 4 along A-axis), each of the second portions is configured to include a second thickness (between left/right sides of the cavity and the outer surface of the jacket along the B-axis), and the second thickness is greater than the first thickness (due to the cavity’s elongation in the A-axis and the V-shaped grooves).
Regarding claim 44, 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 (B-axis).
Regarding claim 47, 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 49, 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).
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, 32, 33, 35, 45, 46, 48 are rejected under 35 U.S.C. 103 as being unpatentable over the ‘373 publication as applied to claims 1, 28, 37 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. EP3115816 disclose an optical cable with an elongated cavity, strength members and rip cords.
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.
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/CHARLIE Y PENG/ Primary Examiner, Art Unit 2874