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 .
Applicant’s amendment and accompanying remarks filed January 29, 2026 are acknowledged.
Examiner acknowledges amended claims 1 and 6.
Examiner acknowledges cancelled claims 2-4.
Examiner acknowledges withdrawn claims 8-12.
The rejection of claims 1 and 5-7 under 35 U.S.C. 102(a)(1) as being anticipated by Murata et al., U.S. Pre Grant Publication 2020/0026013 is overcome by Applicant’s amendment.
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 and 5-7 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.
Claim 1 is rendered indefinite because it is unclear if the claim is directed to a product [a colored optical fiber] OR a method [wherein the colored optical fiber is additionally irradiated with ultraviolet light of 1000 mW/cm2 and 500 mJ/cm2 is smaller than 70% with respect to the saturated Young’s modulus of the primary layer. For purposes of examination, Examiner is interpreting claim 1 to refer to the colored optical fiber prior to the “additionally irradiating”. Claims 5-7 are rendered indefinite as the claims depend upon indefinite claim 1.
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.
Claims 1 and 5-7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Murata et al., U.S. Pre Grant Publication 2020/0026013
Regarding claim 1, Murata teaches a colored optical fiber [numeral 1, Figure 1 and [0014] comprising a bare optical fiber 2; a primary layer 3 formed of a first ultraviolet curing resin covering the bare optical fiber.; a secondary layer 4 formed of a second ultraviolet curing resin covering the primary layer [Figure 1 and 0015]. Paragraph 0033, Table 1, Comparative Example 2 discloses a primary Young's modulus before coloring at 0.70 MPa and saturated primary Young's modulus at 1.10 MPa providing for the primary Young's modulus being 64% smaller than the saturated primary modulus. Comparative Example 2 reads on claim 1 when the Young's modulus of the primary layer is 0.70 MPa [smaller than or equal to 1.12 MPa]; the saturated Young's modulus of the primary layer is 1.10 MPa [larger than or equal to 0.84 MPa] and the Young's modulus of the primary layer is smaller than 70% with respect to a saturated Young's modulus of the primary layer. Paragraph 0026 discloses that the primary layer is irradiated with UV light.
Comparative
Comparative
Comparative
Comparative
Comparative
Example 1
Example 2
Example 3
Example 4
Example 5
Primary Young's modulus
0.62/78%
0.70/64%
0.57/69%
0.27/45%
0.12/50%
before coloring [MPa]
Primary Young's modulus
0.67/84%
0.88/80%
0.59/71%
0.37/62%
0.15/62%
after coloring [MPa]
Primary Young's modulus
0.73/91%
1.01/92%
0.61/73%
0.42/70%
0.17/71%
after ribbonization [MPa]
Saturated primary
0.80
1.10
0.83
0.60
0.24
Young's modulus [MPa]
Microbending characteristic
0.16
0.21
0.17
0.04
0.02
before coloring [dB/km]
Microbending characteristic
0.19
0.32
0.18
0.07
0.02
in colored state [dB/km]
Microbending characteristic
0.26
0.40
0.18
0.11
0.04
in ribbon state [dB/km]
Cable characteristic
NG
NG
OK
OK
NG
Warm water immersion
OK
OK
NG
NG
NG
test (60° C.) of ribbon
Applicant’s claim 1 has been amended to include a colored optical fiber that has a Young’s modulus of the primary layer is smaller than 70% with respect to a saturated Young’s modulus of the primary layer after irradiation with UV light. Applicant’s claim recites a post-process limitation on a product claim. Applicant’s claim 1 recites “additionally irradiated”. Applicant’s claim 1 is directed to the product [a colored optical fiber]. Murata discloses the same product [Comparative example 2] as Applicant’s claimed colored optical fiber. A process directed onto a product is a method. Applicant’s claim 1 is directed to the product and not the method.
Regarding claim 5, the abstract discloses an optical fiber ribbon formed by connecting a plurality of optical fiber colored core wires to each other with a connector formed of a UV curable resin [adhesive]. Applicant's claim 5 is not specific to the adhesive resin.
Regarding claims 6-7, paragraph 0030 discloses that the optical fiber ribbon is housed in a sheath to obtain the optical fiber cable.
Response to Arguments
Applicant's arguments filed January 29, 2026 have been fully considered but they are not persuasive. Applicant has amended claim 1 to recite the limitation “wherein a Young’s modulus of the primary layer after the colored optical fiber is additionally irradiated with ultraviolet light of 1000 mW/cm2 and 500 mJ/cm2 is smaller than 70% with respect to the saturated Young’s modulus of the primary layer”. Applicant’s amended claim includes a process placed onto the product [colored optical fiber]. Applicant’s claim 1 is directed to a colored optical fiber. Murata discloses the same product [Comparative 2] as claimed. Applicant’s amended claim 1 recites a process directed onto a product is a method. Applicant’s claim 1 is directed to the product [a colored optical fiber] and not the method. Applicant’s arguments are not persuasive.
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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CAMIE S THOMPSON whose telephone number is (571)272-1530. The examiner can normally be reached 8:30 am - 5:30 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jennifer Boyd, can be reached at 571-272-7783. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CAMIE S THOMPSON/Primary Examiner, Art Unit 1786
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