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 .
Double Patenting
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).
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Claims 22-23 and 25-32 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-10 of U.S. Patent No. 11,487,070US.
Although the claims at issue are not identical, they are not patentably distinct from each other because the claimed subject matter of the present application are anticipated by the claimed recitations of the ‘070 patent.
Regarding claim 22, claim 4 of the ‘070 patent claims: A fiber distribution hub comprising: an enclosure (Claim 1; Column 11, lines 45), a frame mounted within an interior of the enclosure such that the frame is configured to rotate about a longitudinal axis between a first position and a second position (Claim 1, Column 11, lines 40-55); wherein the longitudinal axis is offset from a lateral edge of the frame (Claim 1, frame is indicated as rotating about axis hence it must be offset at least from one of the edge of the frame); wherein the enclosure includes a first engagement feature, and the frame includes a second engagement feature, wherein the first engagement feature and the second engagement feature are configured to limit a range of rotation of the frame between the first position and the second position (Claim 1, Column 11, lines 45-65); and wherein a fiber management structure (Claim 4, Column 12, lines 5-12 “storage retaining structure) is configured to route fiber optic cables to and around the frame such that the fiber optic cables are configured to rotate in unison with frame (Claim 4, Column 12, lines 5-12 wherein fiber cables are mounted on splitters which are mounted a frame, since the frame rotates the cables on the cables will also rotate in unison).
Regarding claim 23, claim 4 of the ‘070 patent claims: The fiber distribution hub of claim 22, wherein the entire frame is configured to remain within the interior region as the frame rotates between the first position and the second position (Claim 1, Column 11, lines 40-55).
Regarding claim 25, claim 4 of the ‘070 patent claims: The fiber distribution hub of claim 22, wherein the optical component comprises a splitter that is configured to be coupled to the frame and includes a splitter input and a splitter output (Claim 4; Column 12, lines 5-12).
Regarding claim 26, claim 4 of the ‘070 patent claims: The fiber distribution hub of claim 25, further comprising: an adapter that is configured to be coupled to the frame and to optically couple the splitter output to a fiber optic cable (Claim 4, Column 12, lines 5-12; and a storage retaining structure configured to be coupled to the frame and to selectively secure a connectorized end of the splitter output (Claim 4; Column 12, lines 5-12).
Regarding claim 27, claim 4 of the ‘070 patent claims: The fiber distribution hub of claim 22, further comprising a cable management structure that is configured to route fiber optic cables to and around the frame such that the fiber optic cables are configured to rotate in unison with frame (Claim 1; discuss about frame rotating about an axis [Column 11, lines 45-55]; Claim 4 discuss wherein the optical element a splitter and cables are coupled to frame. Thus, if the frame rotates then the cables will rotate as well since it’s on the frame [Column 12, lines 5-12]).
Regarding claim 28, claim 2 of the ‘070 patent claims: The fiber distribution hub of claim 22, wherein an angle of rotation between the first position and the second position is about 360 degrees (Claim 2; Column 11 lines 65-67).
Regarding claim 29, claim 3 of the ‘070 patent claims: The fiber distribution hub of claim 22, wherein an angle of rotation between the first position and the second position is about 180 degrees or greater (Claim 3, Column 12, lines 1-5).
Regarding claim 30, claim 5 of the ‘070 patent claims: The fiber distribution hub of claim 22, wherein the enclosure is substantially rectangular (Claim 5, Column 12, lines 10-15).
Regarding claim 31, claim 6 of the ‘070 patent claims: The fiber distribution hub of claim 22, further comprising a pedestal base configured to be coupled with the enclosure (Column 12, lines 15-16).
Regarding claim 32, claim 10 of the ‘070 patent claims: The fiber distribution hub of claim 22, wherein the enclosure comprises first, second, third, and fourth panels configured to define the interior region (Claim 10; Column 12, lines 20-25); wherein the frame is configured to be rotatingly mounted to the fourth panel; and wherein the first, second, and third panels are configured to be selectively coupled to the fourth panel such that the first, second, and third panels can be selectively removed from the fiber distribution hub (Claim 10; Column 12, lines 25-31).
Claims 1-21 and 24 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim1-21 of U.S. Patent No. U.S. Patent No. 11,487,070US in view of in view of the US Patent Application Publication to Smith 2010/0183276US.
Regarding claim 1, claim 4 of the ‘070 patent claims: A fiber distribution hub comprising: an enclosure (Claim 1; Column 11, lines 40-55); a frame mounted within an interior of the enclosure that is configured to rotate relative to the enclosure about a longitudinal axis between a first position and a second position (Column 11; lines 45-55); wherein the enclosure includes a first engagement feature, and the frame includes a second engagement feature (Column 11; lines 55-65); wherein the first engagement feature and the second engagement feature are configured to limit a range of rotation of the frame between the first position and the second position (Column 11, lines 55-65); wherein the entire frame remains within the interior region as the frame rotates between the first position and the second position (Column 11 lines 55-60) and wherein the frame is configured to rotate relative to the enclosure (Column 11, lines 55-65); when an optical component (Claim 4; recited an adapter or splitter which qualifies as an optical component; Column 12, lines 5-10) mounted to the frame (Column 11, lines 45-50).
Patent No. 11,487,070US does not teach wherein the frame is coupled with a distribution cable and a feeder cable.
Smith 2010/0183276US does teach wherein the frame is coupled with distribution cable and feeder cable (Smith’s [0031-0034]) in order to accept bulk cable types such distribution and feeder cables in order manage large scale optical connections routing. 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 Fiber Distribution Hub (FDH) storage device wherein the frame can accept distribution / feeder cable in order to manage and split large scale optical connections coming via the bulk the cables.
Regarding claim 2, claim 4 of the ‘070 patent claims: The fiber distribution hub of claim 1, further comprising a cable management structure (Claim 4; Column 12, lines 5-12: storage retaining structure) that is configured to route fiber optic cables to and around the frame such that the fiber optic cables are configured to rotate in unison with the frame (Claim 4; Column 12, lines 5-12: storage retaining structures holds connectorized end of the splitter and cables that are connected via the adapter to splitter).
Regarding claim 3, claim 4 of the ‘070 patent claims: The fiber distribution hub of claim 1, wherein the optical component comprises a splitter that is configured to be coupled with the frame and includes a splitter input and a splitter output (Claim 4, Column 12, lines 5-12).
Regarding claim 4, claim 4 of the ‘070 patent claims: The fiber distribution hub of claim 3, further comprising: an adapter that is configured to be coupled to the frame and to optically couple the splitter output to a fiber optic cable; and a storage retaining structure configured to be coupled to the frame and to selectively secure a connectorized end of the splitter output (Claim 4; Column 12, lines 5-12).
Regarding claim 5, claim 4 of the ‘070 patent claims: The fiber distribution hub of claim 1, wherein the first engagement feature comprises a first tab and the second engagement feature comprises a second tab (Claim 1; Column 11, lines 55-65); and wherein the first tab and the second tab are configured such that the first tab contacts the second tab at the first position and at the second position, and the contact between the first tab and the second tab is configured to substantially prevent rotation beyond the first position and the second position (Claim 1; Column lines 55-65).
Regarding claim 6, claim 2 of the ‘070 patent claims: The fiber distribution hub of claim 1, wherein an angle of rotation between the first position and the second position is about 360 degrees (Claim 2; Column 11 lines 65-67).
Regarding claim 7, claim 3 of the ‘070 patent claims: The fiber distribution hub of claim 1, wherein an angle of rotation between the first position and the second position is about 180 degrees or greater (Claim 3, Column 12, lines 1-5).
Regarding claim 8, claim 5 of the ‘070 patent claims: The fiber distribution hub of claim 1, wherein the enclosure is substantially rectangular (Claim 5, Column 12, lines 10-15).
Regarding claim 9, claim 6 of the ‘070 patent claims: The fiber distribution hub of claim 1, further comprising a pedestal base configured to be coupled with the enclosure (Column 12, lines 15-16).
Regarding claim 10, claim 10 of the ‘070 patent claims: The fiber distribution hub of claim 1, wherein the enclosure comprises first, second, third, and fourth panels configured to define the interior region (Claim 10; Column 12, lines 20-25); wherein the frame is configured to be rotatingly mounted to the fourth panel; and wherein the first, second, and third panels are configured to be selectively coupled to the fourth panel such that the first, second, and third panels can be selectively removed from the fiber distribution hub (Claim 10; Column 12, lines 25-31).
Regarding claim 11, claim 4 of the ‘070 patent claims: A fiber distribution hub comprising: an enclosure (Claim 1; Column 11, line 45); a frame mounted within an interior of the enclosure such that the frame is configured to rotate about a longitudinal axis between a first position and a second position (Claim 1; Column 11 lines 40-55); wherein the longitudinal axis is offset from a lateral edge of the frame (Claim 1; Column 11, lines 45-60 talks about a frame rotation about an axis hence the axis must be offset by at least one of the external edge of the in order to rotated about the axis); wherein the enclosure includes a first engagement feature, and the frame includes a second engagement feature (Claim 1; Column 11 lines 55-65); wherein the first engagement feature and the second engagement feature are configured to limit a range of rotation of the frame between the first position and the second position; and wherein the frame is configured to rotate relative to the enclosure (Claim 1; Column 11 lines 40-55) when an optical component mounted to the frame is coupled with a distribution cable and a feeder cable (Claim 4, Column 12, lines 5-12: teaches adapters or splitters on a frame which are coupled to cables.
Patent No. 11,487,070US does not teach wherein the frame is coupled with a distribution cable and a feeder cable.
Smith 2010/0183276US does teach wherein the frame is coupled with distribution cable and feeder cable (Smith’s [0031-0034]) in order to accept bulk cable types such distribution and feeder cables in order manage large scale optical connections routing. 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 Fiber Distribution Hub (FDH) storage device wherein the frame can accept distribution / feeder cable in order to manage and split large scale optical connections coming via the bulk the cables.
Regarding claim 12, claim 4 of the ‘070 patent claims: The fiber distribution hub of claim 11, wherein the entire frame remains within the interior region as the frame rotates between the first position and the second position (claim 1; column 11 lines 45-55).
Regarding claim 13, claim 4 of the ‘070 patent claims: The fiber distribution hub of claim 11, further comprising a cable management structure that is configured to route fiber optic cables to and around the frame such that the fiber optic cables are configured to rotate in unison with frame (Claim 1; discuss about frame rotating about an axis [Column 11, lines 45-55]; Claim 4 discuss wherein the optical element a splitter and cables are coupled to frame. Thus, if the frame rotates then the cables will rotate as well since it’s on the frame [Column 12, lines 5-12]).
Regarding claim 14, claim 4 of the ‘070 patent claims: The fiber distribution hub of claim 11, wherein the optical component comprises a splitter that is configured to be coupled with the frame and includes a splitter input and a splitter output (Claim 4, Column 12, lines 5-12).
Regarding claim 15, claim 4 of the ‘070 patent claims: The fiber distribution hub of claim 14, further comprising: an adapter that is configured to be coupled to the frame and to optically couple the splitter output to a fiber optic cable (Claim 4, Column 12, lines 5-12); and a storage retaining structure configured to be coupled to the frame and to selectively secure a connectorized end of the splitter output (Claim 4, Column 12, lines 5-12).
Regarding claim 16, claim 4 of the ‘070 patent claims: The fiber distribution hub of claim 11, wherein the first engagement feature comprises a first tab and the second engagement feature comprises a second tab (Claim 1; Column 11, lines 55-67); and wherein the first tab and the second tab are configured such that the first tab contacts the second tab at the first position and at the second position, and the contact between the first tab and the second tab is configured to substantially prevent rotation beyond the first position and the second position (Claim 1; Column 11, lines 55-67).
Regarding claim 17, claim 2 of the ‘070 patent claims: The fiber distribution hub of claim 11, wherein an angle of rotation between the first position and the second position is about 360 degrees (Claim 2, Column 11, lines 65-67).
Regarding claim 18, claim 3 of the ‘070 patent claims: The fiber distribution hub of claim 11, wherein an angle of rotation between the first position and the second position is about 180 degrees or greater (Claim 3, Column 12, lines 1-5).
Regarding claim 19, claim 5 of the ‘070 patent claims: The fiber distribution hub of claim 11, wherein the enclosure is substantially rectangular (Claim 5; Column 12 10-15).
Regarding claim 20, claim 6 of the ‘070 patent claims: The fiber distribution hub of claim 11. further comprising a pedestal base configured to be coupled with the enclosure (Claim 6, Column 12, lines 15-16).
Regarding claim 21, claim 10 of the ‘070 patent claims: The fiber distribution hub of claim 11, wherein the enclosure comprises first. second, third. and fourth panels configured to define the interior region (Claim 10; Column 12, lines 20-25); wherein the frame is configured to be rotatingly mounted to the fourth panel: and wherein the first, second, and third panels are configured to be selectively coupled to the fourth panel such that the first, second, and third panels can be selectively removed from the fiber distribution hub (Claim 10; Column 12, lines 25-31).
Regarding claim 24, claim 4 of the ‘070 patent claims: The fiber distribution hub of claim 22, wherein the frame is configured to rotate relative to the enclosure (Claim 1, Column 11 lines 40-55) when an optical component mounted to the frame (Claim 4 discussed the use of adapters and splitters which are optical components, Column 12, lines 5-12).
Patent No. 11,487,070US does not teach wherein the frame is coupled with a distribution cable and a feeder cable.
Smith 2010/0183276US does teach wherein the frame is coupled with distribution cable and feeder cable (Smith’s [0031-0034]) in order to accept bulk cable types such distribution and feeder cables in order manage large scale optical connections routing. 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 Fiber Distribution Hub (FDH) storage device wherein the frame can accept distribution / feeder cable in order to manage and split large scale optical connections coming via the bulk the cables.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US Patent Application Publication to Solheid 2009/0263096US teaches a fiber distribution hub enclosure having a frame, optical components, splitters, use to manage feeder and distribution cables.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HOANG Q TRAN whose telephone number is (571)272-5049. The examiner can normally be reached 9:30 am - 5:30pm Monday - Friday.
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/HOANG Q TRAN/ Examiner, Art Unit 2874
/UYEN CHAU N LE/ Supervisory Patent Examiner, Art Unit 2874