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 .
Election/Restrictions
Claims 8, 10, 12-15, 19 and 20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 7/17/25.
Response to Arguments
Applicant’s arguments, filed 2/9/26, with respect to the prior art rejections have been fully considered and are persuasive. The prior art does not disclose a cable described with a compressive strength of 12.8-32.4 N/mm2. The double patenting rejections are still valid as described below.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1, 7 and 23-25 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 3 of U.S. Patent No. 11,287,591 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the difference amount to different ways of claiming the same invention to a person of ordinary skill in the art.
Current claims
US 11287591
1. (Original) An optical fiber cable comprising: a sheath; and a core that is housed in the sheath and comprises optical fibers, wherein recesses and protrusions are disposed alternately in a circumferential direction on an outer circumferential surface of the sheath, and the optical fiber cable has a compressive strength of 12.8 N/mm2 or greater and 32.4 N/mm2 or less.
7. (Original) The optical fiber cable according to claim 1, wherein in a transverse cross- sectional view, a cross-sectional area of the recesses that is enclosed by closed curves tangent to radial outer ends of the protrusions and all the recesses is 1.3 mm2 or greater and 4.8 mm2.
23. (New) The optical fiber cable of claim 1, wherein in a transverse cross-sectional view, a cross-sectional area of the recesses that is enclosed by closed curves tangent to radial outer ends of the protrusions and all the recesses is 2.8 mm2 or greater and 4.8 mm2 or less.
24. (New) The optical fiber cable of claim 1, wherein in a transverse cross-sectional view, a cross-sectional area of the recesses that is enclosed by closed curves tangent to radial outer ends of the protrusions and all the recesses is 3.4 mm2 or greater and 4.8 mm2 or less.or less.
1. An optical fiber cable comprising: a sheath; and a core that is housed in the sheath and comprises an intermittently-adhered optical fiber ribbon comprising: optical fibers; and adhesive portions that intermittently adhere the optical fibers together in a longitudinal direction, wherein recesses and protrusions are disposed alternately in a circumferential direction on an outer circumferential surface of the sheath, the recesses each comprise: two connecting portions respectively connected to radial inner ends of two adjacent protrusions; and a bottom surface positioned between the two connecting portions, and in a transverse cross-sectional view, a cross-sectional area of the recesses that is enclosed by closed curves tangent to radial outer ends of the protrusions and all the recesses is 1.3 mm.sup.2 or greater and 4.8 mm.sup.2 or less.
3. The optical fiber cable according to claim 1, wherein the optical fiber cable has a compressive strength of 12.8 N/mm.sup.2 or greater and 32.4 N/mm.sup.2 or less.
25. An optical fiber cable comprising: a sheath; at least one tensile member embedded in the sheath; and a core that is housed in the sheath and comprises optical fibers, wherein: recesses and protrusions are disposed alternately in a circumferential direction on an outer circumferential surface of the sheath, and the optical fiber cable has a compressive strength of 12.8 N/mm2 or greater and 32.4 N/mm2 or less.
1. An optical fiber cable comprising: a sheath; and a core that is housed in the sheath and comprises an intermittently-adhered optical fiber ribbon comprising: optical fibers; and adhesive portions that intermittently adhere the optical fibers together in a longitudinal direction, wherein recesses and protrusions are disposed alternately in a circumferential direction on an outer circumferential surface of the sheath, the recesses each comprise: two connecting portions respectively connected to radial inner ends of two adjacent protrusions; and a bottom surface positioned between the two connecting portions, and in a transverse cross-sectional view, a cross-sectional area of the recesses that is enclosed by closed curves tangent to radial outer ends of the protrusions and all the recesses is 1.3 mm.sup.2 or greater and 4.8 mm.sup.2 or less.
3. The optical fiber cable according to claim 1, wherein the optical fiber cable has a compressive strength of 12.8 N/mm.sup.2 or greater and 32.4 N/mm.sup.2 or less.
Claims 1, 4, 5 and 25 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,105,335 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the difference amount to different ways of claiming the same invention to a person of ordinary skill in the art.
Current claims
US 12,105,335
1. (Original) An optical fiber cable comprising: a sheath; and a core that is housed in the sheath and comprises optical fibers, wherein recesses and protrusions are disposed alternately in a circumferential direction on an outer circumferential surface of the sheath, and the optical fiber cable has a compressive strength of 12.8 N/mm2 or greater and 32.4 N/mm2 or less.
4. (Original) The optical fiber cable according to claim 1, wherein the core further comprises a wrapping tube that wraps the optical fibers.
5. (Original) The optical fiber cable according to claim 4, wherein the wrapping tube comprises: a wrap portion where a first end portion of the wrapping tube overlaps with a second end portion of the wrapping tube; and a non-wrap portion positioned between the first end portion and the second end portion.
Intermittently adhered fibers are well known to POSITA so it would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to try intermittent ribbons, since it has been held that “it is obvious to try - choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success” is a rationale for arriving at a conclusion of obviousness. In re KSR International Co. v. Teleflex Inc.
1. An optical fiber cable comprising: a sheath; a plurality of tensile strength members embedded in the sheath; a core that is housed in the sheath and comprises an intermittently-adhered optical fiber ribbon comprising: optical fibers; and adhesive portions that intermittently adhere the optical fibers together in a longitudinal direction; and a wrapping tube that wraps the intermittently-adhered optical fiber ribbon, wherein the wrapping tube comprises: a wrap portion where a first end portion of the wrapping tube overlaps with a second end portion of the wrapping tube; and a non-wrap portion positioned between the first end portion and the second end portion, wherein the optical fiber cable has a compressive strength of 12.8 N/mm.sup.2 or greater and 32.4 N/mm.sup.2 or less.
25. An optical fiber cable comprising: a sheath; at least one tensile member embedded in the sheath; and a core that is housed in the sheath and comprises optical fibers, wherein: recesses and protrusions are disposed alternately in a circumferential direction on an outer circumferential surface of the sheath, and the optical fiber cable has a compressive strength of 12.8 N/mm2 or greater and 32.4 N/mm2 or less.
1. An optical fiber cable comprising: a sheath; a plurality of tensile strength members embedded in the sheath; a core that is housed in the sheath and comprises an intermittently-adhered optical fiber ribbon comprising: optical fibers; and adhesive portions that intermittently adhere the optical fibers together in a longitudinal direction; and a wrapping tube that wraps the intermittently-adhered optical fiber ribbon, wherein the wrapping tube comprises: a wrap portion where a first end portion of the wrapping tube overlaps with a second end portion of the wrapping tube; and a non-wrap portion positioned between the first end portion and the second end portion, wherein the optical fiber cable has a compressive strength of 12.8 N/mm.sup.2 or greater and 32.4 N/mm.sup.2 or less.
Claims 1-3 and 25 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 16 and 25 of copending Application No. 18/350,446. Although the claims at issue are not identical, they are not patentably distinct from each other because the difference amount to different ways of claiming the same invention to a person of ordinary skill in the art.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Current claims
US 18/350,446
1. (Original) An optical fiber cable comprising: a sheath; and a core that is housed in the sheath and comprises optical fibers, wherein recesses and protrusions are disposed alternately in a circumferential direction on an outer circumferential surface of the sheath, and the optical fiber cable has a compressive strength of 12.8 N/mm2 or greater and 32.4 N/mm2 or less.
2. (Original) The optical fiber cable according to claim 1, wherein the recesses each comprise: two connecting portions respectively connected to radial inner ends of two adjacent protrusions; and a bottom surface positioned between the two connecting portions.
3. (Original) The optical fiber cable according to claim 2, wherein the two connecting portions have a convex surface shape that is radially inward.
Intermittently adhered fibers are well known to POSITA so it would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to try intermittent ribbons, since it has been held that “it is obvious to try - choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success” is a rationale for arriving at a conclusion of obviousness. In re KSR International Co. v. Teleflex Inc.
16. (Previously Presented) An optical fiber cable comprising: a sheath; a plurality of tensile strength members embedded in the sheath; and a core that is housed in the sheath and comprises an intermittently-adhered optical fiber ribbon comprising: optical fibers; and adhesive portions that intermittently adhere the optical fibers together in a longitudinal direction, wherein recesses and protrusions are disposed alternately in a circumferential direction on an outer circumferential surface of the sheath and extend an entire length of the sheath along the longitudinal direction, wherein inner surfaces of the recesses are curved surfaces that are radially inwardly convex.
25. (Previously Presented) The optical fiber cable of claim 16, wherein the optical fiber cable has a compressive strength of 12.8 N/mm2 or greater and 32.4 N/mm2 or less.
25. An optical fiber cable comprising: a sheath; at least one tensile member embedded in the sheath; and a core that is housed in the sheath and comprises optical fibers, wherein: recesses and protrusions are disposed alternately in a circumferential direction on an outer circumferential surface of the sheath, and the optical fiber cable has a compressive strength of 12.8 N/mm2 or greater and 32.4 N/mm2 or less.
16. (Previously Presented) An optical fiber cable comprising: a sheath; a plurality of tensile strength members embedded in the sheath; and a core that is housed in the sheath and comprises an intermittently-adhered optical fiber ribbon comprising: optical fibers; and adhesive portions that intermittently adhere the optical fibers together in a longitudinal direction, wherein recesses and protrusions are disposed alternately in a circumferential direction on an outer circumferential surface of the sheath and extend an entire length of the sheath along the longitudinal direction, wherein inner surfaces of the recesses are curved surfaces that are radially inwardly convex.
25. (Previously Presented) The optical fiber cable of claim 16, wherein the optical fiber cable has a compressive strength of 12.8 N/mm2 or greater and 32.4 N/mm2 or less.
Allowable Subject Matter
Claims 1-18 and 20-25 could be allowed if the double patenting rejections are overcome and the withdrawn claims can be rejoined.
The following is a statement of reasons for the indication of allowable subject matter:
These claims could be allowable over the prior art of record because the latter, either alone or in combination, does not disclose nor render obvious an optical cable with the claimed structure wherein the compressive strength is 12.8-32.4 N/mm2.
in combination with the rest of the claimed limitations.
Claims 6, 9, 11, 16-18, 21 and 22 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
These claims would be allowable over the prior art of record if rewritten in independent form including all of the limitations of the base claim and any intervening claims because the latter, either alone or in combination, does not disclose nor render obvious an optical cable with the claimed structure wherein the compressive strength is 12.8-32.4 N/mm2 in combination with either:
wherein a wrap rate R of the optical fiber cable is calculated as R = WI+ (Wi + W2) x 100,where Wi is a circumferential length of the wrap portion and W2 is a circumferential length of the non-wrap portion, and the wrap rate R is 5% or greater and 20% or less, or
wherein a radius of curvature of each outer circumferential surface of the protrusions is smaller than a radius of the sheath, or
tensile strength members embedded inside the protrusions on the sheath,-wherein the tensile strength members are made of poly-paraphenylene benzobisoxazole fiber reinforced plastics (PBO-FRP), or
wherein the optical fibers are included in an intermittently-adhered optical fiber ribbon such that adhesive portions of the intermittently-adhered optical fiber ribbon intermittently adhere the optical fibers together in a longitudinal direction, or
further comprising: members embedded in the sheath, wherein a number of the members is 8 or more and 12 or less, or
wherein the members include tensile strength members, or
wherein the number of protrusions does not match the number of members, or
wherein the number of protrusions is greater than the number of members,
in combination with the rest of the claimed limitations.
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.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RYAN A LEPISTO whose telephone number is (571)272-1946. The examiner can normally be reached on 9AM-6PM EST M-F.
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 on 571-270-1739. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/RYAN A LEPISTO/Primary Examiner, Art Unit 2874