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 Arguments
Applicant's arguments filed 12/31/25 have been fully considered but they are not persuasive.
Regarding the argument that Song does not disclose wherein the second connecting portion is a link mechanism including two or more link arms. Song teaches wherein the second connecting portion (31, 33, 37(33), 41, 45, 47) is a link mechanism including two or more link arms (33, 35 and 47). Note Song states the lever is number 37, but also 33 at one point so the rejection was updated to reflect this. The claim requires the second connection portion connects the lid body and the moving portion. The claim further requires the second connecting portion is a link mechanism including two or more link arms. This does not require the second connection portion to be ONLY two or more link arms, only that the second connection portion have two or more link arms and other components can be included. This is the case with Song, the second connection portion is considered (31, 33, 35, 37(33), 41, 45, 47) that connects the lid body (9) and the moving portion (7) (Fig. 3; C5 L55-59). The two or more link arms that make up a portion of the second connection portions are considered link arms (33, 35 and 47). Again, the link arms do not need to be the sole components that connect the lid body and the moving portions as the claim is currently written.
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 and 3 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Song (US 7,070,078 B2). Song teaches:
Claim 1: An optical fiber cutting device (Figs. 1-6) that cuts an optical fiber (1), the device comprising:
a main body (3);
a lid body (9);
a first connecting portion (hinge of 9, 17, 19) that rotatably connects the lid body (9) to the main body (3);
a moving portion (7) including a blade portion (27) for scratching the optical fiber (1) and attached to the main body (3) to be movable between a first position (lid open, no cutting) and a second position (lid closed, fiber cutting); and
a second connecting portion (31, 33, 35, 37(33), 41, 45, 47) that connects the lid body (9) and the moving portion (7) (Fig. 3), wherein
the blade portion (27) is configured to scratch the optical fiber (1) while the moving portion (7) moves from the first position (lid open, no cutting) to the second position (lid closed, fiber cutting) (C5 L40-51), and
as the lid body (9) rotates in a direction away from the main body (3), the moving portion (7) moves from the second position (lid closed, fiber cutting) to the first position (lid open, no cutting) via the second connecting portion (31, 33, 35, 37(33), 41, 45, 47) (C5 L52-59);
wherein the second connecting portion (31, 33, 37(33), 41, 45, 47) is a link mechanism including two or more link arms (33, 35 and 47).
Claim 3: The optical fiber cutting device according to claim 1, wherein the first connecting portion (hinge of 9, 17, 19) includes a first spring (that shapes of 17 with 19 will provide spring action when 9 is no longer biases closed) that biases the lid body to rotate (9) in a direction away from the main body (3) (C4 L31-36, C5 L52-59).
Allowable Subject Matter
Claims 4 and 5 are allowed.
The following is a statement of reasons for the indication of allowable subject matter:
These claims are allowable over the prior art of record because the latter, either alone or in combination, does not disclose nor render obvious an optical fiber cutting device with the claimed main body, lid body, first connecting portion, moving portion, second connecting portion and blade portion wherein a second spring biasing the moving portion to move from the first position to the second position; and a lock mechanism that locks the second spring in a compressed state, wherein the lid body includes a releasing portion that acts on the lock mechanism to release the lock when the lid body is closed, and when the moving portion moves from the second position to the first position via the second connecting portion, the moving portion compresses the second spring, and the lock mechanism locks the second spring in a compressed state,
in combination with the rest of the claimed limitations.
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.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RYAN A LEPISTO whose telephone number is (571)272-1946. The examiner can normally be reached on 9AM-6PM EST M-F.
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/RYAN A LEPISTO/Primary Examiner, Art Unit 2874