DETAILED ACTION
This Office action is responsive to Applicant’s response submitted 26 November 2025.
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 .
Specification
The disclosure is objected to because of the following informalities:
The “Brief Description of Drawings” section of the Specification is objected to. This section is objected to for failure to provide a brief description of each of the Figures 1 and 2, more specifically Figures 1a, 1b, 1c, 2a and 2b. See MPEP § 608.01(f). A reference to and brief description of the drawing(s) as set forth in 37 CFR 1.74.
Appropriate correction is required.
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) 1 and 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application Publication 2019/0227248 to Isaji et al in view of U.S. Patent Application Publication 2017/0343752 to Ji et al and U.S. Patent 5,999,676 to Hwang.
In regards to claim 1, Isaji recites an optical fiber cable (Figure 1) comprising: a cable core (2) having a plurality of optical fiber core wires (21); a sheath (3) covering the cable core; and at least two or more tension members (7), disposed inside the sheath along the cable core, wherein any one of the tension members is disposed at a position laying along a position of another of the tension members with the axial center of the cable core sandwiched between the positions. Although Isaji does not expressly recite the at least two or more tension members having warping ability outward from an axial center of a cable core, Isaji recites the tension members to be formed from steel wire, aramid fiber or RFP. [0074] Applicant recites the tension member to be formed from the same materials. (Applicant’s Specification, [0016]) Since both Isaji and Applicant recite the tension member to be formed from the same materials, the tension members would have the same characteristics, such as the warping ability. Therefore, it would have been obvious before the effective filing date to a person having ordinary skill in the art for the at least two or more tension members having warping ability outward from an axial center of a cable core.
Furthermore, Isaji fails to expressly recite the tension members having a triangular cross-section and are arranged such that a vertex of the triangle points to center of the cable core. However, both Ji (Figures 1 & 2) and Hwang (Figure 2) teach an optical fiber cable having a cable core having a plurality of optical fiber core wires, a sheath covering the cable core and at least two tension members (Ji 36; Hwang 24) opposite of each other and further teaches the tension members to be triangular in shape (Ji [0061]; Hwang Column 3) to prevent the cable from twisting and protecting the cable core. Both Ji and Hwang teach the triangular shaped tension members to be alternative shapes to the circular shape as taught by Isaji. Furthermore, Applicant’s Specification teaches the tension member to be a number of different shapes and not limited to the discussed shapes, each of the shapes capable of allowing for the tension member to warp outward. [0018-0019] Since Ji and Hwang teach the triangular shape to be alternative shapes to the circular shape taught by Isaji and Applicant and protection of the cable core is desired, it would have been obvious before the effective filing date to a person having ordinary skill in the art to have provided the tension members having a triangular cross-section. Lastly, although the arrangement of a vertex of the triangle points to center of the cable core is not expressly disclosed, the arrangement of the vertex would be advantageous in order to further increase the protection of the cable core since a modification of the placement/orientation of the tension members is an obvious matter of design choice. Therefore, it would have been obvious before the effective filing date to a person having ordinary skill in the art to arrange such that a vertex of the triangle points to center of the cable core.
In regards to claim 2, Isaji recites the tension member warps outward from the axial center of the cable core when the sheath is torn, and the cable core is exposed. (Figure 2)
Claim(s) 1 and 3-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent 5,619,606 to Bonicel in view of U.S. Patent Application Publication 2017/0343752 to Ji et al and U.S. Patent 5,999,676 to Hwang.
In regards to claim 1, Bonicel recites an optical fiber cable (Figure 1) comprising: a cable core (13) having a plurality of optical fiber core wires (12); a sheath (11) covering the cable core; and at least two or more tension members 16), disposed inside the sheath along the cable core, wherein any one of the tension members is disposed at a position laying along a position of another of the tension members with the axial center of the cable core sandwiched between the positions. Although Bonicel does not expressly recite the at least two or more tension members having warping ability outward from an axial center of a cable core, Bonicel recites the tension members to be formed from RFP or aramid fibers. (Column 4, Lines 40-50) Applicant recites the tension member to be formed from the same materials. (Applicant’s Specification, [0016]) Since both Bonicel and Applicant recite the tension member to be formed from the same materials, the tension members would have the same characteristics, such as the warping ability. Therefore, it would have been obvious before the effective filing date to a person having ordinary skill in the art for the at least two or more tension members having warping ability outward from an axial center of a cable core.
Furthermore, Isaji fails to expressly recite the tension members having a triangular cross-section and are arranged such that a vertex of the triangle points to center of the cable core. However, both Ji (Figures 1 & 2) and Hwang (Figure 2) teach an optical fiber cable having a cable core having a plurality of optical fiber core wires, a sheath covering the cable core and at least two tension members (Ji 36; Hwang 24) opposite of each other and further teaches the tension members to be triangular in shape (Ji [0061]; Hwang Column 3) to prevent the cable from twisting and protecting the cable core. Both Ji and Hwang teach the triangular shaped tension members to be alternative shapes to the circular shape as taught by Isaji. Furthermore, Applicant’s Specification teaches the tension member to be a number of different shapes and not limited to the discussed shapes, each of the shapes capable of allowing for the tension member to warp outward. [0018-0019] Since Ji and Hwang teach the triangular shape to be alternative shapes to the circular shape taught by Isaji and Applicant and protection of the cable core is desired, it would have been obvious before the effective filing date to a person having ordinary skill in the art to have provided the tension members having a triangular cross-section. Lastly, although the arrangement of a vertex of the triangle points to center of the cable core is not expressly disclosed, the arrangement of the vertex would be advantageous in order to further increase the protection of the cable core since a modification of the placement/orientation of the tension members is an obvious matter of design choice. Therefore, it would have been obvious before the effective filing date to a person having ordinary skill in the art to arrange such that a vertex of the triangle points to center of the cable core.
In regards to claim 3, Bonicel recites an optical fiber cable manufacturing apparatus (Figure 4) comprising: a tension member delivery portion (103) that delivers a plurality of tension members (15), each of which warps outward from an axial center of a cable core, to a periphery of the cable core; and a sheath forming portion (107; resin or 108/111; jacket) that covers the cable core and the plurality of tension members around the cable core. Although Bonicel does not expressly recite a sheath with warps of the plurality of delivered tension members suppressed, Bonicel recites the tension members to be formed from RFP or aramid fibers. (Column 4, Lines 40-50) Applicant recites the tension member to be formed from the same materials. (Applicant’s Specification, [0016]) Since both Bonicel and Applicant recite the tension member to be formed from the same materials, the tension members would have the same characteristics, such as the warping ability. Therefore, it would have been obvious before the effective filing date to a person having ordinary skill in the art for the sheath with warps of the plurality of delivered tension members suppressed.
In regards to claim 4, Bonicel recites the tension member delivery portion includes a plurality of bobbins (see Figure 4) that are disposed around the cable core, and that deliver the tension members wound around the tension member delivery portion from the cable core side of the tension member delivery portion to the sheath forming portion.
In regards to claim 5, Bonicel recites a tension member deforming portion (not labeled; round circles bending element 15, similar to the round circles of element 43 of Applicant’s Figure 5) that reinforces warp of the tension members outward from the axial center of the cable core, wherein the tension member delivery portion delivers the tension members to the sheath forming portion via the tension member deforming portion.
In regards to claim 6, Bonicel shows in Figure 4 the tension member deforming portion is a capstan whose rotation axis is perpendicular to the axis of the cable core.
In regards to claim 7, although Bonicel does not expressly recite a plastic change promoting portion that retains the warp of the tension member outward from the axial center of the cable core, Bonicel does teach several heating elements in order to form parts of the optical fiber cable during manufacturing. Furthermore, the addition of a plastic change promoting portion, such as applying heat, to retain the warp of the tension member outward from the axial center of the cable core would be advantageous in order to provide a final product with the strength to ensure the cable is protected when the core is exposed. Therefore, it would have been obvious before the effective filing date to a person having ordinary skill in the art to have provided a plastic change promoting portion that retains the warp of the tension member outward from the axial center of the cable core.
Response to Arguments
Applicant’s arguments have been considered but are moot because the new ground of rejection does not rely on the reference applied in the prior rejection of record for any teaching or matter specifically challenged and/or currently amended.
References Cited
The references cited made of record and not relied upon is considered pertinent to applicant’s disclosure.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 TINA M WONG whose telephone number is (571)272-2352. The examiner can normally be reached M-F 8:30-5:30.
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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 (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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/TINA WONG/Primary Examiner, Art Unit 2874
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