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 .
Election/Restrictions
Applicant’s election without traverse of Invention I (claims 1-18) in the reply filed on 12/22/2025 is acknowledged.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, “a reel” in claim 13 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claim 13 is objected to because of the following informalities: “the feeder” in line 3 should be corrected as --the cable feeder-. Appropriate correction is required.
Claim 18 is objected to because of the following informalities: “the feeder” in line 2 should be corrected as --the cable feeder-. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-18 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1:
Claim 1 recites “as it moves along the surface” in lines 3-4. However, the term, “it” renders the scope of the claim indefinite. For examination purposes, “as it moves along the surface” is interpreted as --as [[it]] the crawler moves along the surface--.
Claim 1 recites “as it is being fed onto the surface” in line 8. However, the term, “it” renders the scope of the claim indefinite. For examination purposes, “as it is being fed onto the surface” is interpreted as --as [[it]]cable assembly is being fed onto the surface--.
Claim 8:
Claim 8 recites “before it is fed onto the surface” in line 3. However, the term, “it” renders the scope of the claim indefinite. For examination purposes, “before it is fed onto the surface” is interpreted as --before [[it]]the cable assembly is fed onto the surface--.
Claim 9:
Claim 9 recites “an orientation means” in line 1. However, the scope of the claim is indefinite. Claim 8 (which upon claim 9 depends) recites “an orientation means” in line 2. It is not clear whether “an orientation means” in claim 9 refers to one in claim 8, or if they are distinct and separate from each other. For examination purposes, “an orientation means” in line 1 is interpreted as --[[an]]the orientation means--.
Claim 11:
Claim 11 recites “wherein the cable feeder is configured to feed a cable assembly comprising a fastener” in line 2. However, the scope of the claim is indefinite. Claim 1 (which upon claim 11 depends) recites a cable feeder configured to feed a cable assembly” in line 5 and “a fastener applicator configured to position a fastener” in line 7. It is not clear whether “a cable assembly” of claim 11 refers to one in claim 1 or if they are separate and distinct from each other. As far as for “a fastener”, claim 1 recites that a cable assembly and a fastener are separate from each other. However, claim 11 recites that a cable assembly “comprises” a fastener. It is hard to interpret that a fastener of the cable assembly is same one as a fastener which the fastener applicator positions with respect to the cable assembly. Para[0150] of the instant application discloses that “In FIG. 2b, a layer of solid glue 222b is attached to the cable 204b in advance (e.g. possibly protected by a protective layer). As the cable is laid, the protective layer may be removed, and the solid glue is pushed onto the surface 292b by the crawler. This affixes the cable to the surface.” However, the originally filed specification does not clearly describe a use of two separate fasteners together (one from the cable assembly and the other one from the fastener applicator). For examination purposes, claim 11 has been interpreted as best understood and is interpreted as below:
11. (Currently Amended) The crawler of claim 1, wherein the cable feeder is configured to feed [[a]]the cable assembly comprising a fastener of the cable assembly and a fastener protective layer, and wherein the fastener applicator is configured to remove the protective layer to expose the fastener of the cable assembly as the cable assembly is fed onto the surface.
Claim 14:
Claim 14 recites wherein the cable assembly is a fiber optic cable. However, the scope of the claim is indefinite. It is noted that claim 1 (which upon claim 14 depends) recites a cable assembly as an intended use (“a cable feeder configured to feed a cable assembly onto the surface as the crawler moves along the surface”). Claim 14 further defines the cable assembly, which is interpreted as an intended use. Therefore, for examination purposes, the prior art will be assumed to read on claim if the prior art is capable of being used with a fiber optic cable.
Claim 15:
Claim 15 recites “the apparatus” in line 2. However, there is insufficient antecedent basis for this limitation in the claim. Also, it is not clear how the apparatus is being defined. For examination purposes, both “the apparatus” in lines 2 and 3 is interpreted as --the [[apparatus]] crawler--.
Claim 16:
Claim 16 recites wherein the fiber optic cable comprises one or more fiber Bragg gratins. However, there is insufficient antecedent basis for the limitation, “the fiber optic cable” in the claim. Also, claim 1 (which upon claim 16 depends) recites a cable as an intended use (“A crawler for laying cable”). It is noted that claim 14 recites “a fiber optic cable”. Therefore, for examination purposes, claim 16 is interpreted to be dependent upon claim 14 and the prior art will be assumed to read on claim if the prior art is capable of being used with a fiber optic cable comprising one or more fiber Bragg gratings.
Claims 2-7, 10, 12-13, 17-18 are rejected as being dependent upon a rejected base claim.
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 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.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-3, 5-10, 12-18 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Turner (US 9,588,315 B1).
Regarding claim 1¸ Turner (‘315) discloses a crawler (fig1) for laying cable (abstract) comprising:
propulsion means 128 (col.5 lines27-28) configured to move the crawler along a surface (col.5 lines27-30);
a controller (col.9 lines33-38, 42-60) configured to store a route followed by the crawler as the crawler moves along the surface (col.9 lines33-38, col.10 lines15-19);
a cable feeder 114 (col.5 lines21-22) configured to feed a cable assembly 112 (col.5 line33) onto the surface as the crawler moves along the surface (col.5 lines36-38); and
a fastener applicator 120 (col.5 line21) configured to position a fastener (“a protectant”) with respect to the cable assembly 112 as the cable assembly 112 is being fed onto the surface to affix the cable assembly 112 to the surface (col.5 lines42-57).
Regarding claim 2, Turner discloses the crawler of claim 1, the controller is configured to control the propulsion means along a predetermined stored route (col.9 lines42-60, “desired predetermined communication line route”).
Regarding claim 3, Turner discloses the crawler of claim 1, the controller is configured to record the route as the crawler moves along (col.9 lines33-38, 42-60, “… continuously monitor the installed communication line …”).
Regarding claim 5, Turner discloses the crawler of claim 1, wherein the propulsion means 128 comprises wheels (col.5 line27).
Regarding claim 6, Turner discloses the crawler of claim 1, wherein the crawler comprises a reader (col.9 lines34-35, “Optical Time Domain Reflextometer”) configured to read indicia from the cable assembly as the cable assembly is being fed onto the surface.
Regarding claim 7, Turner discloses the crawler of claim 6, wherein the reader is configured to read each indicium, and wherein the controller is configured to associate thread indicium with a position along the route (col.9 lines34-38).
Regarding claim 8, Turner discloses the crawler of claim 1, wherein the crawler comprises an orientation means 116 (col.5 line32) configured to orient the cable assembly 112 before the cable assembly 112 is fed onto the surface.
Regarding claim 9, Turner discloses the crawler of claim 8, wherein the crawler comprises the orientation means 116 (col.5 line32) is configured to orient a flat side of the cable assembly 112 such that the flat side is facing the surface when the cable assembly 112 is fed onto the surface.
Regarding claim 10, Turner discloses the crawler of claim 1, wherein the fastener applicator 120 is configured to apply liquid glue 108 (col.5 lines60-62) to the surface and the cable assembly 112 to fasten the cable assembly 112 to the surface (fig1, col.5 lines46-59).
Regarding claim 12, Turner discloses the crawler of claim 1, wherein the crawler comprises a cleaner 124 (col.5 line19) configured to clean a portion of the surface prior to application of the cable assembly 112 (abstract, “blows away debris”).
Regarding claim 13, Turner discloses the crawler of claim 1, wherein the crawler comprises a reel 116 (col.5 line32) configured to hold the cable assembly 112 and direct the cable assembly 112 into the cable feeder 114.
Regarding claim 14, Turner discloses the crawler of claim 1, wherein the cable assembly 112 is a fiber optic cable (col.5 line34).
Regarding claim 15, Turner discloses the crawler of claim 1, wherein the crawler comprises a wired or wireless transceiver (col.10 lines15-16) for transmitting data from the crawler to a remote computer (col.10 lines15-19).
Regarding claim 16, Turner discloses the crawler of claim 14, wherein the fiber optic cable comprises one or more fiber Bragg gratings (col.8 lines29-31, as aforementioned, the fiber optic cable and its further limitations are interpreted as intended use, therefore it is only required for the crawler to be capable of being used with the fiber optic cable comprising one or more fiber Bragg gratings. In this case, the crawler is used for the fiber optic cable and a plurality of fiber optic cables can be used).
Regarding claim 17, Turner discloses the crawler of claim 1, wherein the crawler comprises a curing means 122 (col.5 line24) configured to interact with liquid glue (protectant) to speed curing (“curing lamp”).
Regarding claim 18, Turner discloses the crawler of claim 1, wherein the cable feeder 114 is mounted on an axis (a horizontal center axis along the crawler) between two wheels (the propulsion means 128) which have a fixed steering angle with respect to the axis (fig1).
Claim Rejections - 35 USC § 103
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.
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.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Turner (US 9,588,315 B1) in view of Finzel et al (5,879,109).
Regarding claim 4, Turner discloses the crawler of claim 1, however, does not explicitly disclose that the propulsion means is magnetic. Finzel et al (‘109) teaches a use of propulsion means (“the rollers”, col.4 lines14-15) which is magnetic (col.4 line15, “case hardened steel” is magnetic). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Turner et al to use propulsion means made of steel, as taught by Finzel et al, for the purpose of providing sturdy propulsion means.
Allowable Subject Matter
Claim 11 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Seahee Hong whose telephone number is (571)270-5778. The examiner can normally be reached M-Th 8am-4pm ET.
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, Brian Keller can be reached at (571) 272-8548. 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.
/SEAHEE HONG/Primary Examiner, Art Unit 3723