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 .
This Office Action is in response to the amendments and arguments filed May 13, 2026 wherein claims 1-11 are currently pending.
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 1, 3-4, and 7-11 are rejected under 35 U.S.C. 103 as being unpatentable over Sugimoto et al (US 2007/0203258).
With regards to claim 1, 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 further teaches the polyol to be polypropylene glycol (0029). Sugimoto teaches the addition of a photoinitiator (0043).
Sugimoto does not teach the polyisocyanate to be an isocyanate group containing (meth)acrylate.
Homma teaches a curable resin composition for optical fiber coating containing urethane (meth)acrylates and photoinitiators (0005) wherein the urethane is formed from propylene glycol (0020) and an isocyanate group containing (meth)acrylate (0018). Homma teaches the motivation for using an isocyanate group containing (meth)acrylate to be because it improves the dynamic fatigue characteristics of optical fibers (0023). Homma and Sugimoto are analogous in the art of curable compositions for the coating of 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 use the isocyanate of Homma as the isocyanate of Sugimoto, thereby obtaining the present invention.
With regards to claim 3 and 4, Sugimoto 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).
With regards to claim 7, Sugimoto teaches the fabrication of an optical fiber that contains glass fibers, a primary coating, and a secondary coating (0002) wherein the primary coating is the coating referenced above (0014).
With regards to claim 8, Sugimoto teaches the resin composition to be coated onto an optical fiber and cured (0003) using light (0043), in particular ultraviolet light (0044).
With regards to claim 9, Sugimoto teaches the optical fibers to be arranged with a resin for an optical fiber ribbon (0001-0002).
With regards to claims 10 and 11, Sugimoto teaches the optical fiber to be processed into cables (0003).
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Sugimoto et al (US 2007/0203258) as applied to claim 1 above, and further in view of Yamaguchi et al (CN 101027259).
The disclosure of Sugimoto is adequately set forth in paragraph 4 above and is herein incorporated by reference.
With regards to claim 2, Sugimoto does not teach the addition of an isocyanate group-containing silane compound.
Yamaguchi teaches a radiation-curable liquid resin composition (title) for coating an optical fiber (title) that includes a urethane (meth)acrylate that is formed from a polyol, polyisocyanate, and a hydroxyl group-containing (meth)acrylate (0014) and a photoinitiator (0018). Yamaguchi further teaches a compound having a funcationl a group capable of addition with the isocyanate to replace part of a hydroxyl group containing (meth)acrylate to be a silane isocyanate compound (0046) and teaches the motivation for doing to so to be because it improves adhesion to the base glass (0046). Yamaguchi and Sugimoto are analogous in the art of curable resin compositions for coating 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 silane compound of Yamaguchi to the composition of Sugimoto, thereby obtaining the present invention.
Claims 6-7 are rejected under 35 U.S.C. 103 as being unpatentable over Sugimoto et al (US 2007/0203258) as applied to claim 1 above, and further in view of Homma (WO 2022/138119).
The disclosure of Sugimoto is adequately set forth in paragraph 4 above and is herein incorporated by reference.
With regards to claims 5 and 6, Sugimoto does not teach the addition of a urethane (meth)acrylate formed from a polyoxyalkylene monoalkyl ether.
Homma teaches a resin composition for an optical fiber (title) that contains a urethane (meth)acrylate that is formed from a polyoxyalkylene monoalkyl ether and a (meth)acrylate containing an isocyanate group (0004) wherein the polyoxyalkylene monoalkyl ether has a number average molecular weight of 2000 to 10000 (0014). Homma teaches the motivation for using the polyoxyalkylene monoalkyl ether to be because it has an increased compatibility with other components (0015) and because it obtains a suitable Young’s modulus (0043). Homma and Sugimoto 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 would know to add the urethane formed from the polyoxyalkylene monoalkyl ether of Homma to the composition of Sugimoto, thereby obtaining the present invention.
Response to Arguments
Applicant's arguments filed May 13, 2026 have been fully considered but they are not persuasive.
Argument - Applicants argue that Sugimoto teaches the number average molecular weight of the urethane to be from 6,000 to 12,000 and not the polyol.
Response - As stated in the original rejection and above, the number average molecular weight of Sugimoto is from 6,000 to 12,000 but is applied to the Urethane (meth)acrylate and not the polyol. It is noted that Sugimoto teaches the preferred number average molecular weight of the polyol is 12,000 in preparation example 5 (0057) and 8,000 in preparation example 6 and 7 (0058 and 0059 respectively). Therefore, the rejection still stands as written above.
Conclusion
THIS ACTION IS MADE FINAL. 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 JESSICA WHITELEY whose telephone number is (571)272-5203. The examiner can normally be reached 8 - 5:00.
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, 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.
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.
/JESSICA WHITELEY/Primary Examiner, Art Unit 1763
Prosecution Insights