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 .
DETAILED ACTION
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on April 3, 2026 has been entered.
Response to Amendment
Applicant’s Amendment filed April 3, 2026 has been fully considered and entered.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made.
Claims 1, 3 and 4 are rejected under 35 U.S.C. 103(a) as being unpatentable over Zhao et al. (US 2015/0323740 A1) in view of Sasaki et al. (US 6,801,705 B2).
Regarding claim 1, Zhao discloses an optical fiber cutting device for cutting an optical fiber, the optical fiber cutting device comprising: a main body (Figs. 1-2) having a positioning portion (3) configured to position the optical fiber and a first magnet (7 in Fig. 3; paragraphs 0035-0036); and a moving part (4) having a blade portion (5) configured to put a scratch on the optical fiber (paragraph 0034) and a second magnet (6), and attached to the main body to be movable between a first position (Fig. 3; position where magnet 6 faces magnet 8) and a second position (Fig. 3; position where magnet 6 faces magnet 7), wherein the blade portion is capable of putting a scratch on the optical fiber while the moving part is moved from the first position to the second position (paragraphs 0041-0042, 0048-0049), wherein the main body further has a magnetic metal (8), wherein when the moving part is located at the first position, the magnetic metal is located at a position facing the second magnet, and an attractive force between the second magnet and the magnetic metal causes the moving part to stop at the first position (paragraphs 0035, 0042, 0049), and wherein when the moving part is located at the second position, the second magnet is located at a position at which the respective same polarity sides of the second magnet and the first magnet face each other (paragraphs 0035-0036) and which is closer to the first magnet than the magnetic metal (see Fig. 3).
Still regarding claim 1, Zhao teaches the claimed invention except for the first magnet and the second magnet are partially, but not completely, overlapped with each other. Sasaki discloses an optical fiber cutting device comprising a first magnet (36 in Fig. 13) and a second magnet (33), wherein when a moving part (25) is at a second position (position circle 6 at the top of Fig. 13), the second magnet is located at a position at which the respective same polarity sides of the second magnet and the first magnet are partially, but not completely, overlapped with each other, and at which a distance between the overlapped second magnet (33) and a magnetic metal (37) is shorter than a distance between the overlapped first metal (36) and the magnetic metal (see column 14, lines 29-57 describing the positions along the path; at position 6 second magnet 33 will be partially but not completely overlapped with first magnet 36 and be at a shorter distance from magnetic metal 37 than first magnet 36). Since both of the inventions relate to optical devices, one of ordinary skill in the art at the time of the invention would have found it obvious to have the first magnet and the second magnet partially overlapped with each other as disclosed by Sasaki in the optical fiber cutting device of Zhao for the purpose of enhancing the attracting or repelling force.
Regarding claim 3, Zhao discloses the main body includes a top plate portion (plate on which groove 3 is disposed in Fig. 1), and the positioning portion (3) is provided on an upper surface of the top plate portion.
Regarding claim 4, Zhao discloses the positioning portion (3) includes a recess (fiber placing groove 3 is a recess) provided on the upper surface of the top plate portion.
Response to Arguments
Applicant's arguments, see pages 5-6, with respect to claims have been considered but are moot in view of the new grounds of rejection. However, in order to expedite the prosecution of the application, the relevant portions of Applicant’s remarks will be addressed.
On page 6, Applicant states that Sasaki shows that the magnets are completely overlapped with each other. However, the rejection is now made under Fig. 13 of Sasaki. Fig. 13 (see also column 14, lines 29-57) describes the positions along the path. Specifically, when the second magnet 33 is located at position 6, the second magnet 33 will be partially but not completely overlapped with first magnet 36 and be at a shorter distance from magnetic metal 37 than first magnet 36. Thus, by virtue of Sasaki showing discrete positions along the path, the second magnet located at position 6 still results in a prima facie rejection of the claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRIS H CHU whose telephone number is (571)272-8655. The examiner can normally be reached on Mon-Fri 9AM-5PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Uyen-Chau Le can be reached on 571-272-239797. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Any inquiry of a general or clerical nature should be directed to the Technology Center 2800 receptionist at telephone number (571) 272-1562.
Chris H. Chu
/CHRIS H CHU/Primary Examiner, Art Unit 2874 April 13, 2026
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