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 .
Response to Amendment
Applicant’s Amendment filed December 1, 2025 has been fully considered and entered.
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 1-6, 9, 12, and 14-15 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.
Regarding claim 1; Claim 1 recites the limitation " the optical transmission member part" line 10. There is insufficient antecedent basis for this limitation in the claim. The examiner suggests changing “the optical transmission member part” in line 10 of claim 1 to – the optical transmission member alignment part—to cure this noted deficiency.
Additionally regarding claim 1, the limitation (emphasis added) “a portion closest to the optical transmission member alignment part in the contact portion is disposed on a bottom surface side of the ferrule relative to the optical transmission member alignment part” is recited in lines 26-27 of the claim.
The “a portion” is unclear because it’s not readily apparent what the portion is of. The examiner opines that Applicant is attempting to refer to a portion of the contact portion, which was previously recited in line 18 of the claim, which with references to Figure 6B and paragraph 93 of the present application appears to be the second contact portion (124b) closest to the optical transmission member alignment part (121). If this is the case, the examiner suggests changing “a portion closest to” to – a portion of the contact portion closest to—in line 26 of claim 1.
The limitation in question is also unclear because it states that “the optical transmission member alignment part in the contact portion”, however, with reference to Figure 6B, the optical transmission member alignment part (121) is not in the contact portion (124a is a first contact portion and 124b is a second contact portion). Clarification is required. The examiner has no suggestion at this time. For the purpose of examination the claim will be examined as if “in the contact portion” was deleted from line 27 of claim 1.
The limitation is further unclear because the portion, which is presumably a portion of the contact portion (the examiner presumes that the first contact portion 124a and the second contact portion 124b form the contact portion; see Figures 6B and paragraph 93 of the present application), is not disposed on a bottom side surface of the ferrule relative to the optical transmission member alignment part. Clarification is required. For the purpose of examination, claim 1 will be examined as if “is dispose don a bottom surface side of the ferrule relative to the optical transmission member alignment part in lines 27-28 has been deleted because neither a portion of the contact portion or the optical transmission member alignment part are disposed on a bottom side surface of the ferrule.
Finally, regarding claim 1, the limitation “such that the plurality of optical transmission members is separated from the optical transmission member alignment part” is confusing and indefinite. With reference to Figure 3B of the present application, the optical transmission members (110) include a first portion (111; presumably a core portion of optical fibers) that is contacting and not separated from the optical transmission member alignment part (121). The ferrule is being patented, as defined by the pre-amble. This claim limitations appears to be directed to a mid-assembly part of the ferrule device (see Figure 8A, which illustrates optical transmission members 110 angled upwards during an insertion step, which is followed by the optical transmission members 110 within the alignment part 121). Any ferrule capable of receiving optical fibers in this manner is sufficient to teach this limitation of claim 1. The examiner notes that optical fibers may be angled as desired during insertion and that this will not affect the resulting structure, and therefore is not given patentable weight with respect to the ferrule.
Regarding claims 2-6, 9, 12, and 14-15; dependent claims inherently contain the deficiencies of any base and/or intervening claims from which they depend.
Examiner’s Note: Product-By-Process Claims
The examiner notes that applicant is claiming the product (A ferrule or an optical connector module; see the preamble of claim 1 and the preamble of claim 12) including the process of making the product (“wherein the contact portion is configured to support the plurality of optical transmission members such that the plurality of optical transmission members approaches the top surface of the ferrule as distance of insertion ends of the plurality of optical transmission members from the optical transmission member insertion part increases, such that the plurality of optical transmission members is separated from the optical transmission member alignment part”; see Figure 8A, this is a mid-assembly step), and therefor claims 1-6, 12 and 15 are of "product-by-process" nature. The courts have been holding for quite some time that: the determination of the patentability of a product-by-process claim is based on the product itself rather than on the process by which the product is made. In re Thrope, 777 F. 2d 695, 227 USPQ 964, 966 (Fed. Cir. 1985); and that patentability of claim to a product does not rest merely on a difference in the method by which that product is made. Rather, it is the product itself which must be new and unobvious. Applicant has chosen to claim the invention in the product form. When the prior art discloses a product which reasonably appears to be either identical with or only slightly different than a product claimed in a product-by-process claim, a rejection based alternatively on either on 35 U.S.C. section 102 or alternatively on 35 U.S.C. section 103 of the statute is eminently fair and acceptable. In re Brown, 459 F.2d 531, 535, 173 USPQ 685 and 688 (CCPA 1972). See MPEP §2113.
Claim Rejections - 35 USC § 102
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 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 1-6, 12, and 15 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Yakabe et al. (US 2023/0251434 A1).
Regarding claims 1-4; Yakabe et al. discloses a ferrule (ferrule 30; see Figures 1-4) configured to hold a plurality of optical transmission members (plurality of optical fibers 20; see paragraph 41) each extending in a first direction (x-direction), the ferrule (30) comprising:
an optical transmission member alignment part (grooves 40) configured to align the plurality of optical transmission members (20) in one line in a second direction (y-direction) orthogonal to the first direction (x-direction);
an opening (window 34a) disposed on a top surface (24) of the ferrule (30) to face the optical transmission member alignment part (grooves 40);
a first surface (rear end surface 31b) disposed to face end surfaces of the plurality of optical transmission members (20) aligned by the optical transmission member part, the first surface (31b) being configured to allow incidence of light emitted from the plurality of optical transmission members (20) or emit, to outside, light advanced inside the ferrule (30; surface 31b is a surface of lens portion 31);
a second surface (front end surface 31a) configured to emit, to the outside, light entered from the first surface or allow incidence of light from the outside (surface 31a is a surface of lens portion 31); and
an optical transmission member insertion part (opening 33a) disposed on a side opposite to the first surface (31b) with respect to the optical transmission member alignment part (40), and including a contact portion (the contact portion includes a first contact surface and a second contact surface as labeled in annotated Figure 2 below) where the plurality of optical transmission members (20) is touchable,
wherein a portion of the contact portion (first contact surface; see Figure 2 annotated below) is closest to the optical transmission member alignment part (40);
and the contact portion (first contact surface and second contact surface; see Figure 2 annotated below) is arranged such that the contact portion approaches the bottom surface of the ferrule (30; i.e. the thickness of the ferrule between the bottom surface 35 and the first and second contact surfaces decreases) as distance from the optical transmission member alignment part (40) increases;
wherein the contact portion (first contact surface and second contact surface; see annotated Figure 2 below) is configured to support the plurality of optical transmission members (20; the first and second contact surfaces are configured such that the transmission members are supported within the accommodation hole 39 during insertion there-through by the first and second contact surfaces) such that the plurality of optical transmission members (20) approaches the top surface (34) of the ferrule (30) as distance of insertion ends of the plurality of optical transmission members (20) from the optical transmission member insertion part (opening 33a to accommodation hole 39) increases (i.e. the fibers 20 are inserted into opening 33a and slide along the second and first contact surfaces as the insertion end of the fiber moves closer to the top surface of the ferrule), such that the plurality of optical transmission members (20) is separated from the optical transmission member alignment part (40; the optical transmission members 20 are separated from 40 when initially inserted into the accommodation hole and additionally if inserted in a manner to be angled upwards during insertion; see the Examiner’s note regarding product-by-process limitations above);
PNG
media_image1.png
449
658
media_image1.png
Greyscale
further comprising a supporting part (supporting part; see Figure 2 annotated above) disposed to face the contact portion and configured to support, from a side opposite to the contact portion, the plurality of optical transmission members (20) inserted to the optical transmission member insertion part (opening 33a of accommodation hole 39);
wherein the contact portion includes an inclined surface (second contact surface; see Figure 2 labeled above) arranged such that the inclined surface (second contact surface, which is curved downward as illustrated in Figure 2) slopes downwards to the bottom surface (35) of the ferrule (30) with increasing distance from the optical transmission member alignment part (40), or corner portions (second contact surface) of a plurality of step surfaces arranged such that the corner portions step downwards to the bottom surface (35) of the ferrule (30) with increasing distance from the optical transmission member alignment part (40); and
wherein the first surface or the second surface (second surface 31a) includes a plurality of optical control surfaces (lenses 31c; see paragraphs 43 and 44), the number of the plurality of optical control surfaces being the same as the number of the plurality of optical transmission members (optical fibers 20; the lenses are respectively disposed on the optical axes of the optical fibers and optically coupled to each of the optical fibers; see paragraph 44).
Regarding claims 5, 6, 12, and 15; Yakabe et al. discloses an optical connector (optical connector 10; see Figures 1-3) comprising:
a plurality of optical transmission members (optical fibers 20);
the ferrule (30) according to claim 1 (see the rejection of claim 1 above) configured to hold the plurality of optical transmission members (20); and
a lid (B; see paragraph 50) configured to adjust positions of the end surfaces of the plurality of optical transmission members (20) with respect to the first surface (31b) by pressing (see paragraph 50) the plurality of optical transmission members (20) aligned by the optical transmission member alignment part (40) and being in contact with the optical transmission member insertion part with a pressing surface configured to make contact with the plurality of optical transmission members (20; see Figure 2);
wherein the plurality of optical transmission members (20) includes:
a first portion (portion of fibers 20 within first v-groove portion 41; see Figure 4) where the plurality of optical transmission members (20) is coupled and aligned in one line; and
a second portion (portion of fibers 20 within second v-groove portion 42; see Figure 4) located on a tip end side than the first portion, the second portion being a portion where the plurality of optical transmission members is separated from each other;
an optical connector module (see Figure 10) comprising the optical connector (10).
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.
Claims 9 and 14 are rejected under 35 U.S.C. 102((a)(2)) as anticipated by Yakabe et al. (US 2023/0251434 A1) or, in the alternative, under 35 U.S.C. 103 as obvious over Yakabe et al. (US 2023/0251434 A1) in view of Shigenaga Takashi et al. (JP 2002-303761 A).
Regarding claims 9 and 14; Yakabe et al. discloses a manufacturing method for an optical connector including the ferrule according to claim 4 (see the rejection of claims 1 and 4 above), and a lid (B) configured to adjust positions of the end surfaces of the plurality of optical transmission members (20) with respect to the first surface (31b) by pressing the plurality of optical transmission members (20) aligned by the optical transmission member alignment part (40) and being in contact with the optical transmission member (20) insertion part with a pressing surface configured to make contact with the plurality of optical transmission members (20), the method comprising:
supporting the plurality of optical transmission members (20) in a state where the plurality of optical transmission members (20) is in contact with the contact portion (i.e. guided by the contact portion formed by the first and second contact surfaces; see Figure 2 annotated above; see paragraph 31 of Yakabe et al.; the optical fibers 20 are inherently supported by the first and second contact surfaces during insertion into the ferrule, as understood by a person of ordinary skill in the art) and separated from the optical transmission member alignment part (V-grooves 41, 42 in alignment part 40; the optical fibers 20 are separated from the contact when initially inserted and contacting the first and second contact surfaces) such that the plurality of optical transmission members (20) approaches the top surface (34) of the ferrule (30) as distance of insertion ends of the plurality of optical transmission members from the optical transmission member insertion part (33a) increases by inserting the plurality of optical transmission members (20) from a back side opening (33a) of the optical transmission member insertion part (the optical transmission member insertion part includes opening 33a and accommodate hole 39; opening 33a is on the back side);
aligning the end surfaces of the plurality of optical transmission members (20) by pressing the lid (B) toward the plurality of optical transmission members (20) or moving the lid toward the first surface such that a center of the end surfaces of the plurality of optical transmission members (20) and a center of the optical control surface (31c) coincide with each other;
supplying adhesive (A) to the optical transmission member alignment part (40, 41, 42); and
fixing the positions of the end surfaces of the plurality of optical transmission members (20) aligned, by curing the adhesive (A);
wherein the plurality of optical transmission members (20) includes:
a first portion (portion of fibers 20 within first v-groove portion 41; see Figure 4) where the plurality of optical transmission members (20) is coupled and aligned in one line; and
a second portion (portion of fibers 20 within second v-groove portion 42; see Figure 4) located on a tip end side than the first portion, the second portion being a portion where the plurality of optical transmission members is separated from each other;
wherein in the supporting, the second portion (portion within V-grooves 42) is disposed at the optical transmission member alignment part (40), and the first portion (portion disposed within first v-groove portion 41) is brought into contact with the contact portion (contact portion includes V-groove alignment portion 40, and first and second contact surfaces).
Should Applicant disagree that the optical transmission members (20) inherently contact and be guided by the first and second contact surfaces (see annotated Figure 2 of Yakabe et al. above) during insertion, then the examiner notes that there’s a limited number of possibilities that exist when a fiber is inserted into a ferrule from a back side. The fiber may be angled upwards (see for example Figure 9(b) of Shigenaga Takashi et al., the fiber may be angled downwards (see Figures 9(a) and (c) of Shigenaga Takashi et al., or the axis of the fiber may be aligned with the insertion hole axis for a straight insertion. Each of these possibilities are understood and within the grasp of a person of ordinary skill in the art.
A person of ordinary skill in the art, before the effective filing date of the claimed invention, would have found it obvious to angle the optical fiber in a manner that the fiber made contact with the first and second contact surfaces of Yakabe et al. for the purpose of guiding the fiber into the guide grooves of the alignment part of Yakabe et al. when choosing from the limitation insertion angle options, for the purpose of easily guiding the fiber into the hole to yield predictable results, since these were known insertion methods in the prior art and one of ordinary skill could have inserted the fiber in this manner with no change in the respective function thereof to yield predictable results. KSR International Co. v. Teleflex Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007).
Response to Arguments
Applicant's arguments filed December 1, 2025 have been fully considered but they are not persuasive.
Applicant argues that the transmission members of the present application are temporarily supported by the contact portion during insertion into the ferrule and as a results approach the top surface of the ferrule as a distance from the insertion member increases.
The applied prior art allows for optical fibers to be inserted in the claimed manner. The examiner notes, however, that it is the ferrule and connector module being patented, and that the mid-assembly step bears no patentably weight on the final device which is being patented. Please see the Examiner’s note above regarding product-by-process limitations in claims.
Conclusion
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 MICHELLE R CONNELLY whose telephone number is (571)272-2345. The examiner can normally be reached Monday-Friday, 9 AM to 5 PM.
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, Uyen-Chau Le can be reached at 571-272-2397. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MICHELLE R CONNELLY/Primary Examiner, Art Unit 2874