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 .
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.
Response to Arguments
Applicant’s arguments filed November 7, 2025, 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.
Claim Rejections - 35 USC § 103
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.
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 1-6 are rejected under 35 U.S.C. 103 as being unpatentable over
US 2015/0023641 (“BLAZER”) in view of US 2013/0121654 (“”LICHTENWALNER”).
Regarding claim 1, BLAZER teaches an optical fiber cable (10) comprising: a cable core (20) having a plurality of optical fiber core wires (22) therein; an outer cover (12) which covers the cable core and has a notch (space between elements 24, 26) for an outer edge of a cross section perpendicular to a long axis direction of the outer cover (FIGs. 1-4); and an impression (14) which is marked on the notch of a side surface of the outer cover (FIGs. 1, 2).
BLAZER does not teach that the notch is an L-shaped notch. LICHTENWALNER teaches an optical fiber cable (11), wherein an outer cover (23) thereof has an L-shaped notch (25, 27). It would have been obvious to one of ordinary skill in the art at the effective filing date to modify the notch of BLAZER so as to have an L-shape, as taught by LICHTENWALNER. The motivation would have been to assist in opening the cable so as to access the optical fibers therein, as necessary (par. [0035]).
Regarding claim 2, BLAZER teaches that both ends of the notch are in contact with the inside of a curve of a predetermined radius of curvature (FIGs. 1-4).
Regarding claim 3, BLAZER teaches that the predetermined radius of curvature is a radius of curvature of an inner diameter of a cross section perpendicular to a long axis direction of a conduit in which the optical fiber cable is laid (FIGs. 1-4).
Regarding claim 4, BLAZER teaches an optical fiber cable manufacturing apparatus (150) comprising: an outer cover forming unit (158) which covers a cable core (20), having a plurality of optical fiber core wires (22) therein, with an outer cover (12), and forms a notch (space between elements 24, 26) for an outer edge of a cross section perpendicular to a long axis direction of the outer cover, for at least a part of the outer cover; and an impression marking unit (156) which marks an impression (14) on the notch of a side surface of the outer cover (FIGs.
1-4, 29).
BLAZER does not teach that the notch is an L-shaped notch. LICHTENWALNER teaches an optical fiber cable (11), wherein an outer cover (23) thereof has an L-shaped notch (25, 27). It would have been obvious to one of ordinary skill in the art at the effective filing date to modify the notch of BLAZER so as to have an L-shape, as taught by LICHTENWALNER. The motivation would have been to assist in opening the cable so as to access the optical fibers therein, as necessary (par. [0035]).
Regarding claim 5, BLAZER teaches a method for manufacturing an optical fiber cable (10), the method comprising: covering a cable core (20), having a plurality of optical fiber core wires (22) therein, with an outer cover (12); forming a notch (space between elements 24, 26) for an outer edge of a cross section perpendicular to a long axis direction of the outer cover, for at least a part of the outer cover; and marking an impression (14) on the notch of a side surface of the outer cover (FIGs. 1-4, 29).
BLAZER does not teach that the notch is an L-shaped notch. LICHTENWALNER teaches an optical fiber cable (11), wherein an outer cover (23) thereof has an L-shaped notch (25, 27). It would have been obvious to one of ordinary skill in the art at the effective filing date to modify the notch of BLAZER so as to have an L-shape, as taught by LICHTENWALNER. The motivation would have been to assist in opening the cable so as to access the optical fibers therein, as necessary (par. [0035]).
Regarding claim 6, BLAZER teaches a method for laying an optical fiber cable (10), the method comprising: selecting an optical fiber cable from a plurality of optical fiber cables, having a notch (space between elements 24, 26), for an outer edge of a cross section perpendicular to a long axis direction of at least a part of an outer cover, in accordance with a radius of curvature of an inner diameter of a cross section perpendicular to a long axis direction of a conduit for laying the optical fiber cable (FIGs. 1-4); and laying the selected optical fiber cable on an inner wall of the conduit (FIG. 29).
BLAZER does not teach that the notch is an L-shaped notch. LICHTENWALNER teaches an optical fiber cable (11), wherein an outer cover (23) thereof has an L-shaped notch (25, 27). It would have been obvious to one of ordinary skill in the art at the effective filing date to modify the notch of BLAZER so as to have an L-shape, as taught by LICHTENWALNER. The motivation would have been to assist in opening the cable so as to access the optical fibers therein, as necessary (par. [0035]).
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 JERRY M BLEVINS whose telephone number is (571)272-8581. The examiner can normally be reached Monday - Friday.
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, Thomas Hollweg can be reached at 571-270-1739. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JERRY M BLEVINS/Primary Examiner, Art Unit 2874
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