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 .
Status of the application
Receipt of Applicant’s request for continued examination filed on September 11, 2026 is acknowledged.
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on September 11, 2026 has been entered.
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.
(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.
Claims 1, 8, and 12-15 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Bookbinder et al (US 2021/0103092).
With regards to claim 1, Bookbinder teaches a curable composition (abstract) that is used for an optical fiber (abstract) that is glass and has a core and a cladding (0003) that includes a primary coating and a secondary coating (0003) wherein the primary coating contains an oligomer that contains urethane linkages formed from reacting a polyol and diisocyanate compound (abstract) and further reacting with a capping compound (0069). Bookbinder further teaches the molecular weight to be a number average molecular weight (0066) and for the molecular weight of the polyol to be in the range of 1000 to 20000 g/mol (0115) and specifies a preferred weight to include 18000 (0115) as applicants cite in the examples of the specification as being preferred. Bookbinder teaches the polyol to include polypropylene polyols (0006 and 0115). Bookbinder teaches the capping compound to include a compound with a functional group that includes ethylenically unsaturated groups such as (meth)acrylates and a non-functional group that includes isocyanate group (0069) (reading on an isocyanate group-containing (meth)acrylate). Bookbinder further teaches the composition to include a photoinitiator (0025).
With regards to claim 8, Bookbinder teaches the process of using the composition on an optical fiber to include applying the composition to a glass fiber including the core and cladding (0003) and curing the composition as the primary layer on the fiber (0005) wherein the curing is performed using radiation (0061), such as ultraviolet radiation (0087).
With regards to claim 12, Bookbinder teaches the addition of silane compounds (0089) such as 3-mercaptopropyltrimethoxysilane (as applicants cite in the sped as reading on the claimed coupling agent).
With regards to claim 13, Bookbinder teaches the young’s modulus of the coating to be 1 MPa or less (0018), preferably 0.6 MPa or less (0020).
With regards to claim 14, Bookbinder teaches the coating to have a thickness of 20 to 35 microns (0100).
With regards to claim 15, Bookbinder teaches the secondary coating to have a thickness of 20 to 35 microns (0100).
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 2-6 and 9-11 are rejected under 35 U.S.C. 103 as being unpatentable over Bookbinder et al (US 2021/0103092) as applied to claim 1 above, and further in view of Sugimoto et al (US 2007/0203258).
The disclosure of Bookbinder is adequately set forth in paragraph 4 above and is herein incorporated by reference.
With regards to claims 2-6, Bookbinder does not teach the addition of an additional urethane oligomer that is a reactant of the claimed components.
Sugimoto teaches a curable resin composition (abstract) that is used to coat optical fibers for protection (0002) that contains a urethane (meth)acrylate having a structure originating from a polyol having a number average molecular weight of 6,000 to 20,000 g/mol (abstract) with a preferred number average molecular weight of 12,000 or 8,000 (0057-0059 examples 5-7) and a polyisocyanate (0015). Sugimoto teaches the polyol to be polypropylene glycol (0029). Sugimoto teaches the addition of a photoinitiator (0043). Sugimoto further teaches the composition to contain a urethane (meth)acrylate that is formed from a polyol having a number average molecular weight of 6,000 to 20,000 g/mol (abstract) that is a polypropylene (0029), a polyisocyanate, and a (meth)acrylate containing a hydroxyl group (0015). Sugimoto teaches the motivation for adding the additional urethane to be because when only one urethane is used the composition has significantly higher stickiness (0077 table 1). Sugimoto and Bookbinder are analogous in the art of curable compositions used on optical fibers. In light of the benefit above, it would be obvious to one skilled in the art prior to the effective filing date of the present invention to add the additional urethane of Sugimoto to the composition of Bookbinder, thereby obtaining the present invention.
With regards to claims 9-11, Bookbinder does not teach the optical fibers to be arranged in an optical fiber ribbon.
Sugimoto teaches the optical fibers to be arranged with a resin for an optical fiber ribbon (0001-0002) and to further be processed into cables (0003). Sugimoto teaches the motivation for using the fibers as described above in a ribbon to be because it allows for the ribbons to be wound around a bobbin and smoothly wound off, thereby, not inhibiting the manufacturing process (0003). Sugimoto and Bookbinder are analogous in the art of curable compositions for optical fibers. In light of the benefit above, it would have been obvious to one skilled in the art prior to the effective filing date of the present invention to align the cables into a ribbon as done in Sugimoto to the fibers of Bookbinder, thereby obtaining the present invention.
Response to Arguments
Applicant’s arguments, see pages 5-8, filed September 11, 2026, with respect to claims 1, 3-4, and 7-11 under 35 USC 103 with respect to Sugimoto, with respect to claim 2 under 35 USC 103 with respect to Sugimoto in view of Yamaguchi, and claims 6-7 under 35 USC 103 with respect to Sugimoto in view of Homma have been fully considered and are persuasive. The rejection of the above claims with respect to the listed reference(s) has been withdrawn.
Applicant’s arguments with respect to claims 1-6 and 8-15 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JESSICA WHITELEY whose telephone number is (571)272-5203. The examiner can normally be reached 8 - 5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joseph Del Sole can be reached at 5712721130. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JESSICA WHITELEY/Primary Examiner, Art Unit 1763
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