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 on 12/18/2025 have been fully considered but they are not persuasive.
Regarding the 35 USC 102 rejection of claim 1, applicant alleges that Daoud fails to teach “a storage portion adjacent the organizer configured to retain unused optical fibers”. The examiner respectfully disagrees with this interpretation of Daoud’s invention. A passage (115) of a pedestal (110) is identified as the matching element for the claimed “storage portion”. Daoud teaches that “(c)ables containing the optical fibers can be routed through the conduit, into the passage 115 of the pedestal 110”. (Daoud, col. 4, ll. 25-27.) That is, all the optical fibers contained in all the optical cables are 1) routed into the passage 115, 2) passed through one of a plurality of holes 112, before the optical fibers (e.g., 125, 126) are spliced together on a fiber tray (180). (Daoud, col. 5, ll. 46-55.) Until the optical fibers are used, i.e., spliced to form an optical connection, the optical fibers and/or the optical cables containing the optical fibers, are retained in the passage 115. Daoud’s method of using the pedestal therefore is a reasonably interpretation of “configured to retaining unused optical fibers” within the passage.
Regarding the 35 USC 103 rejection of claim 1, applicant alleges that Fremgen fails to teach an organizer tray “as moveable between the plurality of discrete levels”. The examiner respectfully disagrees with this interpretation of Fremgen’s invention. The exact claim language in dispute is in fact “wherein the organizer tray can be moved between the plurality of discrete levels”. In Fremgen’s invention, the organizer tray (27) is shown at its raised position supported by the spring (31) or a releasable detent, as illustrated in Figs. 2A, 2B. However, the organizer tray (27) also has a lowered position inside the enclosure (11), i.e., when the unit (30) is fully retracted into the enclosure (11) and/or the lid (13) is closed wherein a plurality of discrete levels may be seen as respective locations/heights of the partitioning walls (25). Fremgen states: “The detent may also be engageable with the partition walls 25 so that the cassette unit may be held in various partially raised positions. When in a raised position a tray 24 may be exposed for access to its fibres or removed from the unit by, for example, pivoting that tray 24 at a corner. Each tray is preferably able to pivot in a plane normal to the direction in which the stack is raised.” (Fremgen, col. 3, ll. 3-10) For each of the “various partially raised positions” that allows a tray (24) to clear a sidewall of the enclosure body (12) and the tray to be removed, the organizer tray (27) is also raised to a different partially raised position or level. Since the claimed language only requires that the organizer tray can be moved between the discrete levels and does not require the organizer tray to be locked or secured at the discrete levels, Fremgen’s invention fully meets this claimed limitation.
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.
Claim(s) 1-12, 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent 6,226,436 to Daoud et al.
Regarding claim 1, Daoud teaches a fiber-optic apparatus (100) comprising: a housing (enclosure 102) defining an interior; an access means (removable cover 122) for accessing the interior of the housing; at least one opening (opening to a passage 115) for a fiber optic cable; an organizer (tray organizer 130) for managing one or more optical fibers in a closure, the organizer comprising: an organizer tray (pedestal 110 with a base plate 120) configured to receive one or more fiber-optic storage trays (trays 180a-h); and one or more support rails (horizontal sockets 140a-h for receiving and supporting the trays) configured to retain the organizer tray at one of a plurality of discrete levels (a plurality of vertical heights as illustrated in Fig. 4) with respect to a base (120) of the closure, wherein the organizer tray can be moved between the plurality of discrete levels (the trays 180a-h, at its pivot pins 162a-h, can be inserted into and removed from the sockets 140a-h); the fiber-optic apparatus further comprising: a storage portion (hollow portion within the passage 115; fibers 125, 126 are shown entering/exiting the hollow portion in Fig. 1A, in which fiber segment not used for splicing are retained) adjacent the organizer configured to retain unused optical fibers.
Regarding claim 2, Daoud further teaches the one or more support rails comprise one or more supports (vertical surfaces 148a-h) at each of the plurality of levels, each support projecting from its corresponding support rail to support the organizer tray (by limiting counter-clockwise rotation of the trays 180).
Regarding claim 4, Daoud further teaches the supports are removable or frangible since the tray carrier (131) are made of PVC, ABS or other type of flexible polymers (col. 9, ll. 29-32) and is thus frangible, whether it is intended for the purpose of the invention; alternately, the entire carrier (131) may be removed .
Regarding claim 5, Daoud further teaches the organizer comprises a plurality of retaining members (hook-shaped body 146a-h) for retaining the organizer tray (at its pivot pin 162) with respect to the one or more support rails.
Regarding claim 6, Daoud further teaches the plurality of retaining members are clips, clasps, fasteners, latching mechanisms or any other suitable retention mechanism (the flexible polymer body 146 provides a smaller diameter than that of the pivot pin 162, so as to provide snug fit and retention of the tray).
Regarding claim 7, Daoud further teaches each of the plurality of retaining members is on one of the one or more support rails (see Fig. 6 for illustration).
Regarding claim 8, Daoud further teaches each of the plurality of retaining members has a corresponding engagement feature (pivot pin 162) on the organizer tray.
Regarding claim 9, Daoud further teaches the organizer tray is removable from the fiber-optic apparatus (e.g., Fig. 1B).
Regarding claim 10, Daoud further teaches the one or more support rails are resilient (made of flexible polymer as stated above).
Regarding claim 11, Daoud further teaches the organizer comprises a centering mechanism (a width of the rails 140a-h substantially matches that of the pivot pins 162a-h) for centering the organizer tray on the one or more support rails (in a lateral or horizontal direction).
Regarding claim 12, Daoud further the centering mechanism comprises a centering feature on the organizer tray (the rails 140a-h are mounted on the organizer tray/pedestal 110).
Regarding claim 20, Daoud further teaches the organizer further comprises a fixing means for fixing the one or more support rails in the fiber-optic apparatus (by fasteners 135).
Claim Rejections - 35 USC § 103
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, 2, 11, 18, 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent 5,754,723 by Fremgen in view of U.S. Patent 7,910,249 to Solheid et al.
Regarding claim 1, Fremgen teaches a fiber-optic apparatus comprising: a housing (enclosure 11) defining an interior; an access means (opening lid 11) for accessing the interior of the housing; at least one opening (cable ports 21, 22) for a fiber optic cable; an organizer (carrier 30) for managing one or more optical fibers in a closure, the organizer comprising: an organizer tray (bottom, lower end plate 27 that engages a spring 31) configured to receive one or more fiber-optic storage trays (organizer trays 24); and one or more support rails (horizontal partitioning walls 25, which are held along one edgy by spacers 29) configured to retain the organizer tray at one of a plurality of discrete levels (as determined by height of the multiple partitioning walls 25) with respect to a base of the closure (bottom of enclosure body 12, Fig. 2), wherein the organizer tray can be moved between the plurality of discrete levels (trays are removable at various partially raised positions corresponding to the discrete levels).
Fremgen does not specify a portion of the fiber-optic apparatus configured to retain unused optical fibers. Solheid also teaches a fiber optic splice enclosure (20) comprising a housing (21) having a base (22) and a cover (24) defining an interior (26), an organizer (pivotable splice tray stack 46, Fig. 2) having a plurality of splice trays (170), and a storage portion (fiber management tray 48) adjacent the organizer configured to retain unused optical fibers and mounted to the base (22) at a location beneath the splice tray stack (46). It would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to modify Fremgen’s invention, by utilizing any empty space within the enclosure (11) or form a space inside the enclosure (11) under the for a storage portion as suggested by Solheid, for managing optical fibers of cables that are to be spliced together, e.g., using cable cradles (90), a spool (92), etc.
Regarding claim 2, Fremgen further teaches the one or more support rails comprise one or more supports (spacers 29) at each of the plurality of levels, each support projecting from its corresponding support rail to support the organizer tray (by maintaining appropriate vertical spacings between the walls 25 for the trays 24).
Regarding claim 11, Fremgen further teaches the organizer comprises a centering mechanism (a plurality of guide members 28 located on at each corner of the unit 30) for centering the organizer tray on the one or more support rails.
Regarding claim 18, Fremgen further teaches the organizer further comprises a divider corresponding to each of the one or more fiber-optic storage trays (each wall 25 acts as a divider between adjacent trays 24).
Regarding claim 19, Fremgen further teaches the height of a discrete level (i.e., a gap between adjacent walls 25/26/27) is substantially the same as the height of a fiber-optic storage tray (thickness of the tray as illustrated in Fig. 2).
Regarding claims 1, 21, Fremgen teaches a fiber-optic apparatus comprising: a housing (enclosure 11) defining an interior; an access means (opening lid 11) for accessing the interior of the housing; at least one opening (cable ports 21, 22) for a fiber optic cable; an organizer (carrier 30) for managing one or more optical fibers in a closure, the organizer comprising: an organizer tray (bottom, lower end plate 27 that engages a spring 31) configured to receive one or more fiber-optic storage trays (organizer trays 24); and one or more support rails (a plurality of guide members 28) configured to retain the organizer tray at one of a plurality of discrete levels (as determined by height of the multiple partitioning walls 25) with respect to a base of the closure (bottom of enclosure body 12, Fig. 2), wherein the organizer tray can be moved between the plurality of discrete levels (corresponding to the “various partially raised positions” described in col. 3, ll. 3-10), wherein the one or more support rails (28) comprises: a first support rail coupled to a base of the closure; and a second support rail coupled the base of the closure (four guide members 28 as illustrated in Fig. 1 are coupled to the bottom of the closure 11 or the body 12 as illustrated in Figs. 2A, 2B), and wherein the organizer (carrier 30) is at least bounded by the first support rail on a first side and the second support rail on a second side opposite the first side (the entire carrier 30 is bounded, at its four corners, by the four guide members 28).
Fremgen does not specify the carrier has a storage portion of the fiber-optic apparatus configured to retain unused optical fibers. Solheid also teaches a fiber optic splice enclosure (20) comprising a housing (21) having a base (22) and a cover (24) defining an interior (26), an organizer (pivotable splice tray stack 46, Fig. 2) having a plurality of splice trays (170), and a storage portion (fiber management tray 48) adjacent the organizer configured to retain unused optical fibers and mounted to the base (22) at a location beneath the splice tray stack (46). It would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to modify Fremgen’s invention, by utilizing any empty space within the enclosure (11) or form a space inside the enclosure (11) under the for a storage portion as suggested by Solheid, for managing optical fibers of cables that are to be spliced together, e.g., using cable cradles (90), a spool (92), etc.
Claim(s) 13-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Daoud et al. as applied to claim 1 above, and further in view of U.S. PGPub 2006/0193587 by Wittmeier et al.
Regarding claims 13-15, Daoud teaches the fiber-optic apparatus according to claim 1 but not a tape configured to retain the storage trays. Wittmeier also teaches a fiber optic splice enclosure (10) having a pedestal configuration, comprising a base (12), a cover (14), a plurality of splice trays (32), and a first tape (strap 34), wherein the first tape is configured to retain the one or more fiber-optic storage trays on the organizer tray (the strap 34 wraps around the trays 32 and helps secure them in position in a spliced storage basket 40), wherein the first tape is configured to retain the one or more fiber-optic storage trays as a bundle (multiple splice trays may be strapped together, e.g., 232 in Fig. 8), wherein the organizer tray comprises cutouts to receive the first tape at different positions on the organizer tray (the strap is shown threaded through cutouts on sidewalls 44 as illustrated in Fig. 4). It would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to modify Daoud’s invention, by using a strap to wrap around the splice trays (180), e.g., to keep all the stacked trays in fastened in an upright position on the pedestal (110) so that the cover (122) may be placed over the trays and onto the pedestal (110).
Claim(s) 16, 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fremgen and Solheid as applied to claim 1 above, and further in view of U.S. PGPub 2006/0193587 by Wittmeier et al.
Regarding claims 16, 17, Fremgen teaches the fiber-optic apparatus but not a tape configured to retain the storage trays. Wittmeier also teaches a fiber optic splice enclosure (10) having a pedestal configuration, comprising a base (12), a cover (14), a plurality of splice trays (32), and a first tape (strap 34), wherein the first tape is configured to retain the one or more fiber-optic storage trays on the organizer tray (the strap 34 wraps around the trays 32 and helps secure them in position in a spliced storage basket 40), wherein the first tape is configured to retain the one or more fiber-optic storage trays as a bundle (multiple splice trays may be strapped together, e.g., 232 in Fig. 8), wherein the organizer tray comprises cutouts to receive the first tape at different positions on the organizer tray (the strap is shown passed through cutouts on sidewalls 44 as illustrated in Fig. 4). It would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to modify Fremgen’s invention, by using a second tape/strap (it is noted that “second tape” is the only claimed tape in claim 16) to wrap around the splice trays (24) and pass through an opening in the end walls (26, 27), in the same manner suggested by Wittmeier, to secure all the splice trays to the end walls and within the unit (30), so that the trays do not slide out of or otherwise move out of the unit (30) unexpectedly.
Allowable Subject Matter
Claims 3, 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.
Regarding claim 3, relevant prior art fails to further teach or suggest that each support can transition between a support position, in which the support can engage with the organizer tray to support the organizer tray, into a disengaged position, in which the support does not support the organizer tray, when considered in view of the rest of the limitations of the claimed invention.
Regarding claim 22, relevant prior art fails to further teach or suggest the each of a plurality of support rails includes a plurality of supports at each of the plurality of levels, each support projecting from its corresponding support rail to support the organizer tray between the first support rail and the second support rail, when considered in view of the rest of the limitations of the claimed invention.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. USP5189723 discloses a fiber cable system that can be raised and lowered on latches and a roller.
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 CHARLIE PENG whose telephone number is (571)272-2177. The examiner can normally be reached 9AM - 6PM.
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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/CHARLIE Y PENG/Primary Examiner, Art Unit 2874