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 .
DETAILED ACTION
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 – 20 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.
The term “low” in claims 1 and 13 is a relative term which renders the claim indefinite. The term “low” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. For examining purposes “a low Young’s modulus” shall be interpreted as any value.
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.
Claims 1 – 9, 12 – 17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tanaka et al. (U.S. PG Pub. # 2018/0273427 A1).
In Re claim 1, ‘427 teaches a partially bonded optical fiber ribbon, comprising: a plurality of optical fibers arranged adjacent to one another in a linear array (2); and a plurality of bonding matrix material portions (3) applied to at least a portion of the outer surface of at least two adjacent optical fibers, wherein the bonding matrix material portions have a low Young's modulus (par. 0048), and wherein the plurality of bonding matrix material portions are applied to at least a portion of the outer surface of at least two adjacent optical fibers in such a way that the linear array of optical fibers forms a partially bonded optical fiber ribbon (figs. 3, 8, and 11).
In Re claims 2 and 3, ‘427 teaches 40 MPa in par. 0048, which is approximately 30 MPa as claimed.
In Re claims 4 and 5, ‘427 teaches as oligomer as claimed (par. 0051) and being 50 to 70% of the volume (par. 0050, 0053, as polyol is 30%, thus oligomer is approximately 70%).
In Re claim 6, ‘427 teaches a monomer (pars. 0051 – 0052).
In Re claim 7, ‘427 teaches 5 to 20 mm as claimed (par. 0041).
In Re claims 8 and 9, ‘427 teaches approximately 20mm and 40mm as claimed (15mm, par. 0041, as approximately has no metes or bounds).
In Re claim 12, ‘427 teaches a resin as claimed (par. 0043).
In Re claim 13, ‘427 teaches an optical fiber cable, comprising: a plurality of multi-fiber unit tubes (5), wherein the multi-fiber unit tubes are substantially circular and dimensioned to receive a plurality of optical fibers; and a plurality of partially bonded optical fiber ribbons positioned within at least one of the multi-fiber tubes (2, 21), wherein the partially bonded optical fiber ribbons are partially bonded using a plurality of bonding matrix material portions (3) applied to at least a portion of the outer surface of at least two adjacent optical fibers, wherein the bonding matrix material portions have a low Young's modulus; and a jacket (46) surrounding the plurality of multi-fiber unit tubes.
In Re claim 14, ‘427 teaches wherein the Young's modulus of the plurality of bonding matrix material portions is approximately 0.2 Megapascals (MPa) to approximately 30 MPa (40Mpa is approximately 30Mpa, par. 0048).
In Re claim 15, ‘427 teaches wherein the bonding matrix material includes an oligomer to control the Young's modulus of the bonding matrix material (par. 0051).
In Re claim 16, ‘427 teaches wherein the oligomer is within the range of approximately 50 percent to approximately 70 percent of the total volume of the bonding matrix material (par. 0050, 0053, as polyol is 30%, thus oligomer is approximately 70%).
In Re claim 17, ‘427 teaches wherein the bonding matrix material includes a monomer to control the Young's modulus of the bonding matrix material (par. 0051).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 19 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Tanaka et al. (U.S. PG Pub. # 2018/0273427 A1).
In Re claim 19, ‘427 teaches twelve tubes as claimed (fig. 15), and twelve fiber units (par. 0100), but is silent to the twelve fiber units in the tubes as claimed. However, 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 tubes to be able to house the twelve fiber units as claimed so as to allow for greater bandwidth within the cable of fig. 15 as a person with ordinary skill has good reason to pursue the known options within his or her technical grasp.
In Re claim 20, ‘427 teaches the fiber ribbons bunched up (fig. 13 – 15) but is silent to wherein at least one of the partially bonded optical fiber ribbons is bonded in such a way that the optical fiber ribbon is rolled into a substantially circular shape.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to roll the ribbons in a circular shape as claimed for ease in placement into tube 5 as a person with ordinary skill has good reason to pursue the known options within his or her technical grasp.
Claims 10, 11 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Tanaka et al. (U.S. PG Pub. # 2018/0273427 A1) in view of Meijer et al. (U.S. PG Pub. # 2020/0400881 A1).
‘427 teaches the ribbon of claim 1, but is silent to wherein the optical fiber ribbon has between approximately 0.010 and approximately 0.030 kilograms (kg), of bonding matrix material per kilometer (km) of optical fiber ribbon or approximately 0.024 kg/km as claimed.
‘881 teaches a matrix of 3 to 10 g/km applied to optical fibers to from a ribbon of fibers (par. 0049).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify ‘427 to make the bonding matrix material to be coated at 10g/km, to achieve a desired flexibility in the ribbon as a person with ordinary skill has good reason to pursue the known options within his or her technical grasp. Examiner asserts the that term approximately has no metes or bounds, thus the cited secondary prior art meets the claimed limitations.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHAD SMITH whose telephone number is (571)270-1294. The examiner can normally be reached M-F 7:30 - 5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Uyen-Chau Le can be reached at 1-571-272-2397. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHAD H SMITH/ Primary Examiner, Art Unit 2874
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