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 .
Claim Objections
Claim 24 is objected to because of the following informalities: claim 24 lines 1 contains the limitations “the wedge”. The limitation “the wedge” lacks antecedent basis. 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.
Claims 21-31 are rejected under 35 U.S.C. 103 as being unpatentable over the US Patent Application Publication to Newbury 2022/0373744US in view of the Patent Application to Wittmeier 2021/0072481US.
In terms of Claim 21, Newbury teaches a multiport assembly (Figure 1) that can be function as butt closure (because it is acts as pluggable assembly at the plug end or butt end) for a fiber cable distribution structure ([0026]) comprising: a base (Figure 1: 12/16); a connector collar (Figure 3: 100 wherein the collar structure 106 is around connector structure 104) insertable into the cavity at the base (Figure 1: 100 is inserted into 16 which is part of the base structure 12/16), the connector collar (100) comprising a shaft (Figure 3: 104, 106, and 116 forms a channel shaft) extending along the longitudinal axis (Figure 3: from left to right running through the middle of portion of the 100), the shaft (Figure 3: 104 and 116) forming a passage (Figure 3: middle hollow area within 104/116) extending from a first end proximate to the first outer surface and a second end proximate to the second outer surface (See Figure 8 below: 1st and 2nd Outer surface, and 1st and 2nd end), the passage configured to receive a fiber optic cable therethrough (Figure 3: 20), the shaft (104/106/116) forming a plurality of flanges (Figure 2: 106 118/120) extending outward along a radial axis to inhibit movement of the collar within the base along the longitudinal axis ([0036]), the shaft forming a groove configured to position the connector collar relative to the base (Figure 8: 120/122a and 118 at 124).
Newbury does not teach wherein the butt closure comprising: a cover forming an interior and an opening providing access to the interior; a tray assembly insertable into the interior to be disposed within the cover, the tray assembly configured to facilitate fiber optic transmission component connections; a base at least partially insertable along a longitudinal axis into the interior formed by the cover, the base comprising a first outer surface separated along the longitudinal axis from a second outer surface, the second outer surface proximate to the interior of the cover and the first outer surface distal to the interior along the longitudinal axis, wherein a cavity is formed between the first outer surface and the second outer surface, and wherein the cavity is formed between a pair of sidewalls extending along the longitudinal axis.
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Wittmeier does teach wherein the butt closure (Figure 1) comprising: a cover (Figure 1: 20) forming an interior (Figure 1: 22) and an opening (Figure 1: 24; [0042]) providing access to the interior (22); a tray assembly (Figure 1: 30) insertable into the interior to be disposed within the cover (Figure 1: 30 and 20), the tray assembly configured to facilitate fiber optic transmission component connections (Figure 1: via 42); a base (Figure 1: 100) made of plurality of wedges ([0049]), at least partially insertable along a longitudinal axis into the interior formed by the cover (Figure 1: 20 and 100), the base (100) comprising a first outer surface (Figure 1: 102) separated along the longitudinal axis from a second outer surface (Figure 1: 104), the second outer (104) surface proximate to the interior of the cover (Figure 1: 104/20) and the first outer surface distal to the interior along the longitudinal axis (Figure 1: 102 and 20), wherein a cavity (Figure 1: within 300 or channel in which 42 is housed) is formed between the first outer surface and the second outer surface (Figure 3: cavity 106 that housed 42), and wherein the cavity is formed between a pair of sidewalls extending along the longitudinal axis (sidewall of 106).
It would have been obvious to one of ordinary skill in the art before the effective filing date to include the connector collar with the base structure of Wittmeier having a base, having a tray, a cover, an insertable channel for fibers oriented along the longitudinal axis in order to package the device in butt or domed like distribution assembly for outdoors cable housing ([0003]). The listed structures above and its orientation allows for fiber to aligned, connected, coupled within a domed like cover for environmental protection in outdoors environments. Lastly, the collar of Newbury is also compatible with outdoors environments (Newbury’s Claim 1), thus this combination will be compatible with each other.
As for Claim 22, Newbury teaches the device of Claim 21, wherein Newbury teaches the groove (Figure 9: groove 130 on 106) extends along the longitudinal axis (Figure 9 and 10: 130 extends parallel from left to right along the axis that runs through the middle of the collar which is similar to disclosed features of the applicant 316).
As for Claim 23, Newbury teaches the device of Claim 22, wherein Newbury teaches the groove extends through a mid-span flange (Figure 2: groove on 106) of the plurality of flanges (Figure 2: 118 and 120 positioned on front and back side of 106) positioned between the first end and the second end of the shaft (tip of 104 to ending structure as shown in Figure 2).
As for Claim 24, Newbury teaches the device of Claim 23, wherein Newbury teaches wherein the base assembly comprises a flange extending along the longitudinal axis corresponding to the groove (Figure 9: 130 of the components 18 which is part of the base 16), the flange receivable at the groove (Figure 10: 130 of 100) when the base assembly is positioned at the cavity at the base (See Figure 9: 130 and Figure 10: 130).
As for Claim 25, Newbury teaches the device of Claim 21, wherein Newbury teaches the connector collar (Figure 1: 100) comprising a first end flange and a second end flange of the plurality of flanges, the second end flange configured to abut the second outer surface of the base, and the first end flange configured to abut the first outer surface of the base (See Figure 8 below: 1st and 2nd end flanges / 1st and 2nd outer surfaces).
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As for Claim 26, Newbury teaches the device of Claim 21, wherein Newbury teaches the connector collar (100) comprising a seal (Figure 8: 134) positioned at the second end (Figure 8: 134), and a fastener threadable (Figure 2: 128) onto the second end of the shaft to position at least a portion of the seal (134) between the fastener and the shaft (See Figure 8: left side has an outer cylindrical housing thread or screw onto 106 at or near surface of 16. or Figure 12, illustrate wherein seal 234 is between the fastener 207 and the shaft structure 204).
As for Claim 27, Newbury teaches the device of Claim 26, wherein Newbury teaches the seal (Figure 3: 131 or Figure 12: 234) comprising a rubber grommet, a collar, a cylinder, or a block having an opening corresponding to the passage Figure 3: 131 or Figure 12: 234 are collars structures).
As for Claim 28, Newbury teaches the device of Claim 26, wherein Newbury teaches the seal (Figure 3: 131 or Figure 12: 234) configured to extend around a cable extending through the passage through the connector collar (Figure 3: 20).
As for Claim 29, Newbury teaches the device of Claim 21, wherein Newbury teaches, wherein a fastener (Figure 12: 207) is extendable along the radial axis through an outer surface of the shaft (Figure 12: 207 and 204) to extend into the seal (Figure 12: 234), the seal configured to surround the cable positioned through the passage at the shaft (Figure 12: cable with 204).
Newbury does teach a first seal; however, the seal is not positioned at the first end.
It has been held that a mere rearrangement of element without modification of the operation of the device involves only routine skill in the art. In re Japiske, 86 USPQ 70 (CCPA 1950). It would have been obvious to one of ordinary skill in art before the effective filing date of the claimed invention to modify the location of the seal in order to prevent debris from entering the cavity. The rearrangement in this case does not modify the operation of the device because seal still functions as a seal. The benefits of this modification wherein the seal is positioned at the first end will allow it to better seal the device by blocking at the point of entry.
As for Claim 30, Newbury teaches the device of Claim 21, wherein Newbury teaches the plurality of flanges (Figure 2: 118/120 and Figure 10: 130) at the connector collar (106) comprising a mid-span flange (Figure 2: 118 or 120 or Figure 10 130) positioned between the first end and the second end (Figure 2: 118 or 120 or Figure 10 130), the mid-span flange comprising a flat surface extending along the longitudinal axis (Figure 2: 118 or 120 contains flag surfaces that runs horizontally or along the longitudinal axis or Figure 10 130 contains flag surfaces that runs horizontally or along the longitudinal axis).
As for Claim 31, Newbury teaches the device of Claim 30, wherein Newbury teaches the flanges having flat surface along longitudinal axis (Figure 2: 118 or 120 contains flag surfaces that runs horizontally or along the longitudinal axis or Figure 10 130 contains flag surfaces that runs horizontally or along the longitudinal axis).
Claims 33-39 are rejected under 35 U.S.C. 103 as being unpatentable over the US Patent Application Publication to Newbury 2022/0373744US in view of the Patent Application to Briskey 2021/0071737US.
In terms of Claim 33, Newbury teaches a connector collar (Figure 1: 100) for a fiber optic closure (Figure 1: 12 and 16), the connector collar insertable into a cavity (Figure 1: within 16) at a base of the fiber optic closure (Figure 1: 12 and 16), the connector collar (Figure 1: 100) comprising: a shaft (Figure 3: 104/106 and 116) extending along a longitudinal axis (Figure 3: 104/106/116, extending through the shaft), the shaft forming a passage extending from a first end and a second end (Figure 3: 104/106/116 has a passage from left to right), the passage configured to receive an optical cable therethrough (Figure 3: 20), the shaft forming a plurality of flanges extending outward along a radial axis to inhibit movement of the collar within the base along the longitudinal axis (Figure 3: on 106; Figure 2: 120/118 and middle groove has frontal and side flanges as sidewalls), the shaft forming a groove (Figure 2: at the top middle or Figure 10: 130) configured to position the connector collar relative to the base of the fiber optic closure (Figure 9: 130 on 16 and Figure 10: 130 on 100).
Newbury does not teach wherein the fiber optic cable is an optical ground wire cable.
Briskey teaches a fiber enclosure having a domed structure (Figure 1), having a base (Figure 1: 104) attached to a cover (Figure 1: 102), wherein the cable that runs into the structure an “optical ground wire cables”. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the cables of Newbury to be an optical ground wire cable in order to properly ground electronics components and the enclosure for outdoor deployment. This allows the device to function properly when electrical elements are present.
As for Claim 34, Newbury / Briskey teaches the device of Claim 33, wherein Newbury teaches the groove (Figure 9: groove 130 on 106) extends along the longitudinal axis (Figure 9 and 10: 130 extends parallel from left to right along the axis that runs through the middle of the collar which is similar to disclosed features of the applicant 316).
As for Claim 35, Newbury / Briskey teaches the device of Claim 34, wherein Newbury teaches the groove extends through a mid-span flange (Figure 2: groove on 106 or Figure 10: 130) of the plurality of flanges (Figure 2: 118 and 120 positioned on front and back side of 106) positioned between the first end and the second end of the shaft (tip of 104 to ending structure as shown in Figure 2).
As for Claim 36 and 37, Newbury / Briskey teaches the device of Claim 33, wherein Newbury teaches the connector collar (Figure 1: 100) comprising a first end flange and a second end flange of the plurality of flanges, the second end flange configured to abut the second outer surface of the base, and the first end flange configured to abut the first outer surface of the base (See Figure 8 below: 1st and 2nd end flanges / 1st and 2nd outer surfaces).
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As for Claim 38, Newbury / Briskey teaches the device of Claim 33, wherein Newbury teaches the connector collar (100) comprising a seal (Figure 8: 134) positioned at the second end (Figure 8: 134), and a fastener threadable (Figure 2: 128) onto the second end of the shaft to position at least a portion of the seal (134) between the fastener and the shaft (See Figure 8: left side has an outer cylindrical housing thread or screw onto 106 at or near surface of 16. or Figure 12, illustrate wherein seal 234 is between the fastener 207 and the shaft structure 204).
As for Claim 39, Newbury / Briskey teaches the device of Claim 33, wherein Newbury teaches wherein a fastener (Figure 12: 207) is extendable along the radial axis through an outer surface of the shaft (Figure 12: 207 and 204) to extend into the seal (Figure 12: 234), the seal configured to surround the cable positioned through the passage at the shaft (Figure 12: cable with 204).
Newbury does teach a first seal; however, the seal is not positioned at the first end.
It has been held that a mere rearrangement of element without modification of the operation of the device involves only routine skill in the art. In re Japiske, 86 USPQ 70 (CCPA 1950). It would have been obvious to one of ordinary skill in art before the effective filing date of the claimed invention to modify the location of the seal in order to prevent debris from entering the cavity. The rearrangement in this case does not modify the operation of the device because seal still functions as a seal. The benefits of this modification wherein the seal is positioned at the first end will allow it to better seal the device by blocking at the point of entry.
Claim 32 and 40 are rejected under 35 U.S.C. 103 as being unpatentable over Newbury 2022/0373744US / Wittmeier 2021/0072481US as applied to claims 21 and 33 above, and further in view of US Patent Application Publication to Briskey 2021/0071737US.
In regards to claim 32, Newbury / Wittmeier teaches the device of Claim 21.
Newbury and Wittmeier do not teach wherein the fiber optic cable is an optical ground wire cable.
Briskey teaches a fiber enclosure having a domed structure (Figure 1), having a base (Figure 1: 104) attached to a cover (Figure 1: 102), wherein the cable that runs into the structure an “optical ground wire cables”.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the cables of Newbury / Wittmeier to be an optical ground wire cable in order to properly ground electronics components and the enclosure for outdoor deployment. This allows the device to function properly when electrical elements are present.
In regards to Claim 40, Newbury and Briskey teaches the device of claim 33, wherein Newbury teaches a mid-span structure (Figure 2: 206) having a plurality of flanges having flat surface along longitudinal axis (Figure 2: 118 or 120 contains flag surfaces that runs horizontally or along the longitudinal axis or Figure 10 130 contains flag surfaces that runs horizontally or along the longitudinal axis) between the first end and 2nd of the connector collar (Figure 3: 104/106/116).
Newbury does not teach wherein the fiber optic cable is an optical ground wire cable.
Briskey teaches a fiber enclosure having a domed structure (Figure 1), having a base (Figure 1: 104) attached to a cover (Figure 1: 102), wherein the cable that runs into the structure an “optical ground wire cables”.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the cables of Newbury / Wittmeier to be an optical ground wire cable in order to properly ground electronics components and the enclosure for outdoor deployment. This allows the device to function properly when electrical elements are present.
Newbury and Briskey do not teach a chord is placed around a rounded outer surface of the mid span; wherein the flat surface forming a chord around a rounded outer surface of the mid span.
Wittmeier does teach a chord having a flat surface is placed around a rounded outer surface of the mid span (Wittmeir’s Figure 3: see band over 42).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the cavity within 16 to band chorded structure to hold the mid-span portion in the cavity. This will prevent the device of accidentally become misaligned or to jarred loose from the base housing cavity within 16.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US Patent Application Publication to Allenworth 2007/0079969US teaches an optical wedge base assembly used in optical enclosure to provide routing paths or channels for optical fiber cables.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HOANG Q TRAN whose telephone number is (571)272-5049. The examiner can normally be reached 9:30 am - 5:30pm Monday - Friday.
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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 5712722397. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HOANG Q TRAN/ Examiner, Art Unit 2874
/UYEN CHAU N LE/ Supervisory Patent Examiner, Art Unit 2874