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 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 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.
Claim(s) 16-26 and 28-32 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Flanders (Publication No.: US 2013/0305513 A1).
Regarding claim 16, 29, Flanders teaches An optical fiber connector for positioning and aligning an optical fiber in an analytical or bioanalytical device, the optical fiber connector comprising: an adaptor body (reference numeral 200 in Figure 3) comprising an opening to receive the optical fiber (reference numeral 52 in Figure 3) and a connector part (reference numeral 264, 266 in Figure 3; reference numeral 238, 240 in Figure 4) configured to align and physically connect the optical fiber connector (e.g. at least optically) with the analytical or bioanalytical device (e.g. “computer” as in paragraph [0002] and/or “detector system” as in paragraph [0004]); and an optical fiber alignment body comprising a base component (reference numeral 230 in Figure 3) and a mountable component (reference numeral 210 in Figure 3) , the base component comprising an optical fiber alignment groove (reference numeral 232 and/or 234 in Figure 3) in an inner side of the base component, wherein: the adaptor body and the base component are single-pieced (e.g. as illustrated in Figure 3 and Figure 4); and the mountable component and the base component are configured to cooperate in positioning, alignment, and fixation of the optical fiber (reference numeral 52 in 3) such that the inner side of the base component and an inner side of the mountable component are oriented toward each other (e.g. as illustrated in Figure 4).
Regarding claim 17, Flanders teaches The optical fiber connector of claim 16, wherein the mountable component comprises one or more clamps (reference numeral 215 in Figure 3) configured to cooperate with one or more recesses (reference numeral 234, 236 in Figure 3) in the base component for fixation of the optical fiber in the optical fiber connector.
Regarding claim 18, Flanders teaches The optical fiber connector of claim 17, wherein the mountable component comprises two clamps (reference numeral 215 in Figure 3) located on longitudinal sides of the mountable component.
Regarding claim 19, Flanders teaches The optical fiber connector of claim 16, wherein the base component comprises one or more guides (reference numeral 232, 234, 236 in Figure 3) adapted to guide mounting of the mountable component on the base component, the one or more guides being located on each side of the optical fiber alignment groove (e.g. as illustrated in Figure 3).
Regarding claim 20, Flanders teaches The optical fiber connector of claim 16, wherein the inner side of the mountable component comprises one or more protrusions (reference numeral 215 in Figure 3) configured to position, align, and fix the optical fiber in the alignment groove of the base component and in the opening of the adaptor body.
Regarding claim 21, Flanders teaches The optical fiber connector of claim 20, wherein the protrusions are located in a center part of the inner side of the mountable component (e.g. as illustrated in Figure 3).
Regarding claim 22, Flanders teaches The optical fiber connector of claim 20, wherein the one or more protrusions are located in a first end part of the inner side of the mountable component and in a second end part of the inner side of the mountable component (e.g. as illustrated in Figure 3).
Regarding claim 23, Flanders teaches The optical fiber connector of claim 20, wherein the one or more protrusions are hemispherical and have a beveled surface (e.g. as illustrated in Figure 3).
Regarding claim 24, Flanders teaches The optical fiber connector of claim 16, wherein the inner side of the mountable component comprises a longitudinal recess (reference numeral 214 in Figure 3) to receive the optical fiber when the mountable component is placed on the base component comprising the optical fiber.
Regarding claim 25, Flanders teaches The optical fiber connector according to claim 24, wherein the longitudinal recess comprises one or more protrusions (reference numeral 215 in Figure 3) configured to position, align, and fix the optical fiber in the alignment groove of the base component and in the opening of the adaptor body.
Regarding claim 26, Flanders teaches The optical fiber connector of claim 16, wherein the adaptor body comprises a fiber receiving part, the fiber receiver part comprising an opening to receive the optical fiber (e.g. the opening created by reference numerals 220, 242 surrounding fiber 52 as illustrated in Figure 4) , a flange part (e.g. the element created between reference numerals 212, 215, 230, 232 as illustrated in Figure 3) , and a connector part (reference numeral 260 in Figure 3) to connect the fiber connector with a probe of the analytical or bioanalytical device.
Regarding claim 28, Flanders teaches A combination comprising an optical fiber connector according to claim 16 and an optical fiber (Figure 4).
Regarding claim 30, Flanders teaches the optical fiber connector according to claim 16, wherein the mountable component and the base component cooperate in fixation of the optical fiber without glue, epoxy, or other bonding material (e.g. via “engaging surfaces” as in paragraph [0052]) .
Regarding claim 31, Flanders teaches the optical fiber connector according to claim 16, wherein the connector part comprises three connectors (reference numeral 312, 314, 316 in Figure 6) positioned in a circular position in relation to each other and configured to receive a probe of the analytical or bioanalytical device in the middle of the circular positioning.
Regarding claim 32, Flanders teaches the optical fiber connector according to claim 26, wherein the flange part has a larger diameter than the fiber receiving part (e.g. as illustrated in Figure 3 where the flange surrounds the fiber receiving part).
Response to Arguments
Applicant's arguments filed 06/18/26 have been fully considered but they are not persuasive. Applicant argues that Flanders fails to teach a connector part configured to align and physically connect the optical fiber connector with the analytical or bioanalytical device. However, applicant is reminded that transmission of optical light is a physical phenomenon utilized by the connector part taught by Flanders (reference numeral 264, 266 in Figure 3; reference numeral 238, 240 in Figure 4) to align and physically connect the optical fiber connector with the analytical or bioanalytical device. Given the above, Applicant’s arguments to the contrary are moot.
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., adaptor body and base component being physically integral as a single piece) 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). Examiner maintains Figs 3 and 4 show a single piece structure.
In response to applicant's argument that Flanders’ V-groves fail to “act as guides“, 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.
Examiner further disagrees with Applicant’s argument that Flanders’ V-grooves are not “hemispherical and have a beveled surface.” Examiner contends that the beveled edges of Flanders’ V-grooves undeniable form, when assembled as in Figure 4, a hemispherical shape in that they tightly encapsulate a perfectly round fiber (reference numeral 52 in Figure 3) with beveled walls as illustrated in Figure 3.
Examiner also maintains Flanders as teaching Applicant’s claimed a flange part via disclosure of the element created between reference numerals 212, 215, 230, 232 as illustrated in Figure 3.
Regarding Applicant’s argument against the rejection of claim 30, examiner notes that the engaging surfaces cited by examiner and disclosed in paragraph [0052] that surround and hold the bare fiber in place do not require any kind of bonding material, while the “remaining matched surfaces” are those to which bonding material is applied. As such, Flanders meets the limitations of the claimed invention.
Examiner further disagrees with Applicant’s assessment of Flanders’ Figure 6 and Applicant’s opinion that Flanders fails to teach a connector part that comprises three connectors positioned in a circular position in relation to each other and configured to receive a probe of the analytical or bioanalytical device in the middle of the circular positioning. Examiner maintains Flanders meets this limitation via reference numeral 312, 314, 316 in Figure 6 which are circumferentially positioned around the probe to surround and encapsulate the probe. As a cylindrical structure, parts 312, 314, 316 share a common center axis and are therefore positioned in a circular position in relation to each other.
Conclusion
THIS ACTION IS MADE FINAL. 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 AGUSTIN BELLO whose telephone number is (571)272-3026. The examiner can normally be reached Monday through Friday, 9 AM - 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, David Payne can be reached at (571)272-3024. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/AGUSTIN BELLO/Primary Examiner, Art Unit 2635
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