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 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.
DETAILED ACTION
Claim Objections
Claim 6 is objected to because of the following informalities:
Claim 6 recites the limitation “the groove” whereas claim 1 does not define a groove. For the purposes of this Action, claim 6 is regarded as being dependent on claim 2 which define a groove. Appropriate corrections are required.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1 and 7 – 9 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Leon et al (US 2012/0087628 A1).
Regarding claim 1, Leon discloses (Figs. 2 – 5 and 13; Abstract; para. 0029 – 0040 and 0056 – 0064) a fastener assembly 10 for a fiber optic cable 12, the fastener assembly 10 comprising:
a collar 30 comprising a threaded shank 36,38,72 (comprises external threads 72, as detailed in Figs. 4 and 5; para. 0039 and 0040) extending along an axial (longitudinal) direction (axis 44 in Fig. 5) from a collar platform 68, the threaded shank 36,38,72 comprising a passage 46 (thru-bore; para. 0035) formed therethrough from a first end (e.g., the top end in Fig. 5) to a second (bottom) end along the axial direction 44, the collar 30 comprising a slot 54 extending along the axial direction 44 from the first (top) end toward the collar platform 68; and
a fastener 34 comprising an internally threaded passage 92 (with threads 94, as seen in Fig. 4; para. 0044) configured to engage the threaded shank 36,38,72 at the collar 30 (as seen in Fig. 4),
wherein the slot 54 is positioned between the (inner) passage 46 at the collar 30 and the internally threaded passage 92,94 at the fastener 34 when engaged to the threaded shank 36,38,72 at the collar 30 (as seen in Figs. 4 and 5).
Regarding claim 7, Leon teaches (Fig. 4) that the fastener 34 forms a nut comprising the internally threaded passage 92,94 (para. 0044).
Regarding claim 8, Leon teaches (Figs. 4 and 5) that the threaded shank 36,38,72 extends along the axial direction 44 toward the first (top) end (receiving the fastener 34) and the second (bottom) end (to receive a cap 32) from the collar platform 68.
Regarding claim 9, Leon teaches (Figs. 4 and 5) that the collar platform 68 forms a polygonal head (“In one aspect of the present disclosure, the collar 68 is hexagonal in shape” at para. 0068).
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 of this title, 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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 2 – 6 and 10 – 20 are rejected under 35 U.S.C. 103 as being unpatentable over Leon in view of Sedor et al (US 2009/0032282 A1).
Regarding claims 10 and 16, Leon uses a spatially separate retainer 28 for a strength member 20 of the fiber optical cable and shows (Fig. 13) that the strength member 20 is separated from an outer jacket of the fiber optical cable (at its end 160) and routed through the grooves 140 of the retainer 28 (para. 0057). However, Sedor discloses (Figs. 1, 3, 4, 9, and 14; Abstract; para. 0025 – 0038 and 0041) a method for retaining a fiber optic cable 150 by:
passing it through an inner passage of a threaded shank 404 with an outer threaded surface 420 (Fig. 4; para. 0048) and a slot 190 (para. 0041);
separating a strength member 154 (para. 0036) from an outer jacket 152 (para. 0036) of the fiber optical cable 105;
passing the optical fiber 156 through an inner passage of a fastener/nut 104 with an inner threaded surface 126 (Fig. 1; para. 0032); and
threading the fastener 104 onto the threaded shank 420 to position the strength member 154 through the slot 190 (to prevent rotation of the strength member 154; para. 0041) and between the passage and internal threads 126 at the fastener 104.
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention that the threaded shank in Leon can be modified, in accordance with the teachings of Sedor, to function as a retainer for the strength member. The motivation for such arrangement is that no additional retainer is needed and rotation of the strength member during the threading of the fastener is prevented (“Portions of the strength members 154 may fall or be pushed into the recesses 190. Consequently, these portions may become trapped in the recesses, which may limit the strength members from spinning around the male threaded portion 112” at para. 0041 of Sedor).
The Leon – Sedor combination teaches expressly or renders obvious all of the recited step limitations, as evident from the structure of the contemplated fastener assembly and the steps of its assembly.
Regarding claim 2, the Leon – Sedor combination renders obvious that, in fully analogy with the grooves 190 formed on the threaded shank (Fig. 14 of Sedor), a groove can be formed at the platform extending radially outward from the passage, for the same purpose/benefit of retaining the strength member as is exits the inner threaded passage of the fastener.
Regarding claims 3 – 6, 11 – 15 and 17 – 20, the Leon – Sedor combination teaches expressly or renders obvious all of the recited limitations, as evident from a straightforward mapping of the structural features of the fastener assembly and the steps of its assembly onto the corresponding recited limitations, and as detailed above for claims 1, 2, 10, and 16.
Further for claim 3, the fastener 34 comprising a (hexagonal) fastener platform (Fig. 4 of Sedor), wherein the fastener platform and the collar platform 68 form a radially extending interface between the fastener platform and the collar platform 68.
Further for claim 4, the groove would extend at a flat interface at which the fastener platform and the collar platform abut one another.
Further for claim 5, an axially extending groove (for the strength member) is formed between a pair of the fastener platforms separated along the axial direction.
Further for claim 6, the collar platform can comprise a curved edge along the groove (according to Figs. 9 and 14 of Sedor).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 2015/0030303 A1
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/ROBERT TAVLYKAEV/Primary Examiner, Art Unit 2896