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 .
Information Disclosure Statement
The prior art documents submitted by applicant in the Information Disclosure Statement filed on February 23, 2026 have all been considered and made of record (note the attached copy of form PTO-1449).
Response to Amendment
Applicant’s Amendment filed May 7, 2026 has been fully considered and entered.
Response to Arguments
Applicant's arguments filed May 7, 2026 have been fully considered but they are not persuasive.
Applicant has amended the claims. The rejection below have been altered to addressed the limitations of the amended claims.
Applicant argues that an important distinction of the invention of Cooke and the present invention is what is being separated from what.
The rejection below has been edited to address the amended limitations. The examiner notes that each optical fiber 34/38 is considered a separated optical fiber cable sub-unit.
Additionally, what is being separated from what is an intended use of the junction shell portion.
In response to applicant's argument that the junction shell separates one subunit cables from the plurality of subunit cables carried by the fiber optic cable assembly, the prior art meets this limitation as applied. However, the junction shell itself may be used to separate any cable having any subunit structure that is desired in the disclosed manner, i.e. a subunit of multiple fibers or subunits of individual fibers, and a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
Applicant argues that the molded channel 46 of Cooke does not receive a plurality of buffer tubes.
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., buffer tubes) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Applicant has amended claim 1 to recite “a junction shell at at least one of the tap points disposed about the plurality of subunit cables.”
Cooke discloses the junction shell (36) disposed about a plurality of subunit cables (optical fiber cables 34/38).
Applicant argues that Cobb is not the same as the present disclosure because Cobb’s cable assembly uses tether cables that are spliced to fibers of distribution cables to form the cable assembly.
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., Applicant appears to be arguing a structure of the cable, however there are no limitations directed to tethering and/or splicing of cables, or of a detailed cable structure) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
The translation term “comprising”, which is synonymous with “including”, “containing”, or “characterized by,” is inclusive or open-ended and does not exclude additional, unrecited elements or method steps. Moleculon Research Corp. v. CBS, Inc., 793 F.2d 1261, 229 USPQ 805 (Fed. Cir. 1986) In re Baxter, 656 F.2d 679, 210 USPQ 795, 803 (CCPA 1981); Ex parte Davis, 80 USPQ 448, 450 (Bd. App. 1948) (“comprising” leaves “the claim open for the inclusion of unspecified ingredients even in major amounts”). Thus, the claim language does not prevent the cable structure discussed with respect to the Cobb reference.
Applicant argues that Cobb fails to teach that the subunit cable exits the second channel between opposing end of the body.
The claims have been amended to require that the second channel is open to the sidewall at a location between the opposing ends of the tubular body. This is suggested by the disclosure of Cooke, which is relied upon the 35 U.S.C. 103 rejection over Cobb in view of Cooke as set forth below.
Inventorship
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.
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)(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.
Claims 1, 2, 5-9, 11-12, and 15-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cooke et al. (US 2005/0111799 A1), hereafter Cooke.
Regarding claim 1-2, 5-9, 11-12, and 15-19; Cooke discloses a fiber optic cable assembly (100; see Figures 1, 2 and 7) and junction shell (36) for use therewith, comprising:
a main cable portion (fiber optic distribution cable 20 includes main cable portion 22) including a plurality of subunit cables (optical fiber cables 34/38);
one or more tap points (access point 30) along a length of the main cable portion (22) at which at least one subunit cable (38) of the plurality of subunit cables (34/38) is separated from a remainder of the plurality of subunit cables (34; see Figures 2 and 6a); and
a junction shell (buffer tube transition piece 36) at at least one of the tap points (access point 30) disposed about the plurality of subunit cables (fiber cables 34/38), wherein the junction shell (36) comprises:
a tubular body including a side wall (see Figure 3a),
a main passage (46) that opens at opposing ends of the tubular body, and
an auxiliary passage (opening 38; see Figure 3a) that extends through the side wall and opens to the main passage (46) between the opposing ends at one end of the auxiliary passage and opens to an outer surface of the side wall at another end of the auxiliary passage (see Figure 3a),
the auxiliary passage (opening 38; see Figure 3a) including
a first channel (42) that extends in a direction of the main passage and
a second channel (40) that extends in an outwardly direction from the main passage and is open to the outer surface of the side wall (side wall of the tubular body; see Figure 3a) at a location between the opposing ends of the tubular body,
wherein
the main passage (46; see Figure 3a) receives the plurality of subunit cables (fiber cables 34/38; see Figures 2 and 6a) at one of the opposing ends,
the remainder of the plurality of subunit cables (fiber cables 34) extend through the other of the opposing ends (see Figures 2 and 6a), and
the auxiliary passage (opening 38; see Figure 3a) receives the at least one subunit cable (fiber cable 38; see Figures 2 and 6a) of the plurality of subunit cables (fiber cables 38) in one of the first channel or the second channel;
wherein the auxiliary passage (opening 38; see Figure 3a) includes a gap that separates the first channel (42) from the second channel (40; see annotated Figure 3a below), the at least one subunit cable of the plurality of subunit cables (fiber cables 38) being movable out of the first channel into the gap (the cables are inherently movable between the channels and gap);
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wherein the first channel (42) and the second channel (40) intersect in the auxiliary passage;
wherein the junction shell (36) is movable along the main cable portion (22; the junction 36 may be moved and positioned along the main cable portion 22);
wherein at least a portion of the second channel (40) is oriented perpendicularly to the main passage (46) to position the at least one subunit cable (fiber cables 34/38) of the plurality of subunit cables (fiber cables) in a perpendicular orientation relative to the main cable portion in the main passage (46; see Figures 3a);
wherein the tubular body (body of 36) includes a shoulder adjacent the auxiliary passage (46) for shielding the at least one subunit cable (fiber cables 38) of the plurality of subunit cables (fiber cables 34/38) at the tap point (see Figure 3a, shoulders are provided around auxiliary passage 38);
wherein the tubular body (body of 36) includes a seam in the side wall at which the tubular body that is configured to be opened to receive the main cable portion (22; see Figure 3a, the seam is visible on the portion of the sidewall opposing passage 38; see Figure 7).
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 1-19 are rejected under 35 U.S.C. 103 as being unpatentable over Cobb, III et al. (US 2008/0080818 A1), hereafter Cobb, in view of Cooke et al. (US 2005/0111799 A1), hereafter Cooke.
Regarding claim 1-19; Cobb discloses a fiber optic cable assembly (see Figures 36-45) and junction shell (704) configured for use therewith, comprising:
a main cable portion (distribution cable 220) including a plurality of subunit cables (ribbon containing fibers 224dc);
one or more tap points (breakout assembly 700 is located at a tap point) along a length of the main cable portion (220) at which at least one (224t) subunit cable (ribbons of fibers 224dc) of the plurality of subunit cables is separated from a remainder of the plurality of subunit cables; and
a junction shell (704) at at least one of the tap points (see Figure 36) disposed about the plurality of subunit cables (224dc), wherein the junction shell (704) comprises:
a tubular body including a side wall (704; see Figure 37),
a main passage (705) that opens at opposing ends of the tubular body (704), and
an auxiliary passage (710) that extends through the side wall and opens to the main passage (705) between the opposing ends at one end of the auxiliary passage and opens to an outer surface of the side wall at another end of the auxiliary passage (see Figures 36, 37, 43, and 44),
the auxiliary passage (710) including
a first channel (first channel 712 adjacent the main passage) that extends in a direction of the main passage and
a second channel (second channel 712 farthest from the main passage) that extends in an outwardly direction from the main passage,
wherein
the main passage (705) receives the plurality of subunit cables (ribbons of fibers) at one of the opposing ends,
the remainder of the plurality of subunit cables (ribbons of fibers) extend through the other of the opposing ends, and
the auxiliary passage (710) receives the at least one subunit cable (224t) of the plurality of subunit cables in one of the first channel (712) or the second channel (712; see Figure 36);
wherein the auxiliary passage (710) includes a gap (see Figure 44) that separates the first channel (712) from the second channel (712), the at least one subunit cable of the plurality of subunit cables being movable out of the first channel into the gap (see Figure 36);
wherein the gap is tapered with a narrowest portion adjacent the first channel (see Figures 36 and 44);
wherein dimensions of the gap and dimensions of the at least one subunit cable of the plurality of subunit cables produces an interference fit between the gap and the at least one subunit cable of the plurality of subunit cables (see Figure 36 which illustrates an interference fit wherein the gap includes a tapered region that is sized to contact the buffer tubes 242 surrounding the fibers 224t within the channels (710/712);
wherein the first channel (712) and the second channel (712) intersect in the auxiliary passage (710);
wherein the junction shell (704) is movable along the main cable portion (the junction 704 may be moved and positioned along the main cable portion 220);
wherein at least a portion of the second channel (712 farthest from 705) is oriented perpendicularly to the main passage (705) to position the at least one subunit cable (224t) of the plurality of subunit cables in a perpendicular orientation relative to the main cable portion in the main passage (see Figure 44);
wherein the tubular body (704) includes a shoulder adjacent the auxiliary passage (see Figures 46 and 44) for shielding the at least one subunit cable of the plurality of subunit cables at the tap point (see Figures 36 and 44);
wherein the tubular body (704) includes a seam (seam between parts 704a and 704b; see Figures 44-59) in the side wall at which the tubular body is configured to be opened to receive the main cable portion;
wherein the seam receives a pin to lock the seam (flexible cantilever latches 726 which are functionally pins received within the holes of 728; see Figures 44 and 52 and paragraph 74).
Cobb does not disclose that the second channel is open to the outer surface of the side wall at a location between the opposing ends of the tubular body.
Cooke discloses a junction shell (36; see Figure 3a) comprising a tubular body (body of 36) including a side wall having a channel (40) is open to the outer surface of the side wall at a location between the opposing ends of the tubular body (see Figure 3a). Thus, one of ordinary skill in the art, before the effective filing date of the claimed invention, would have found it obvious to providing an opening to the outer surface of the sidewall between the opposing ends of the tubular body in the second channel of the invention of Cobb for the purpose of providing an access point to the cables therein, since this was a known alternative channel configuration for junction shells in the prior art, and one of ordinary skill could have combined the elements by known coupling methods with no change in their respective functions to yield predictable results. KSR International Co. v. Teleflex Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007).
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.
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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 571-272-2397. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHELLE R CONNELLY/ Primary Examiner, Art Unit 2874
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