DETAILED ACTION
Response to Amendment
The Amendment filed 4/06/2026 has been entered. Claims 1-3 remain pending in the application. Claim 4 was cancelled.
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 1-3 are rejected under 35 U.S.C. 103 as being unpatentable over Nakamura (US 20190049667 A1) in view of Sasaki (US 20180272552 A1).
Regarding claims 1-3, Nakamura teaches an optical fiber cleaving apparatus for cleaving an optical fiber, the optical fiber cleaving apparatus comprising:
a blade member (23) configured to damage the optical fiber;
a base (3) movably supports the blade member in a predetermined direction;
a slider (7) supported on the base, the slider being movable in the predetermined direction (see Figure 1); and
a rotation mechanism (see Figure 4) configured to rotate the blade member by a predetermined angle each time the blade member damages the optical fiber (paragraph 0067),
wherein the rotation mechanism includes
a first gear having a plurality of first teeth (teeth on 25, see Figure 4),
an abutting member (32) configured to abut against the first teeth of the first gear and rotating the first gear (see Figure 4),
wherein the blade member or the abutting member is configured to move parallel to each other so that the abutting member abuts against the first teeth of the first gear and rotate the first gear by one tooth (see Figure 12ABCD),
wherein the blade member is rotatably attached to the slider, wherein the abutting member is fixed to the base, and wherein the first gear is configured to abut against the abutting member during movement of the blade member together with the slider (paragraph 0067).
Nakamura fails to teach wherein the predetermined angle is a numerical value that is not capable of dividing 360, wherein a quotient, which is a calculation result of dividing 360 by the value of the predetermined angle, is not an integer, a second gear that has a plurality of second teeth and that is rotatable integrally with the first gear, and a third gear that has a plurality of third teeth meshing with the second teeth of the second gear and that is rotatable integrally with the blade member, wherein the number of the first teeth is different from the number of the second teeth, and wherein the number of the first teeth and the number of the second teeth are smaller than the number of the third teeth (as required by claim 1), the predetermined angle is a prime number or a multiple of a prime number (as required by claim 2), the predetermined angle is a prime number (as required by claim 3).
Sasaki teaches an optical fiber cleaving apparatus for cleaving an optical fiber, the optical fiber cleaving apparatus comprising: a blade member (13) configured to damage the optical fiber; and a rotation mechanism (assembly of 41 and 64) configured to rotate the blade member by a predetermined angle each time the blade member damages the optical fiber (unknown value of angle, see Figure 6 and paragraph 0126 and 0138-0139), the rotation mechanism includes a first gear (84B) having a plurality of first teeth, an abutting member (83) configured to abut against the first teeth of the first gear and rotating the first gear (see Figure 6), a second gear (84A) that has a plurality of second teeth and that is rotatable integrally with the first gear, and a third gear (81) that has a plurality of third teeth meshing with the second teeth of the second gear and that is rotatable integrally with the blade member (see Figure 6), the number of teeth for each gear is optionally selected (paragraphs 0124-0126).
It would have been obvious to one of ordinary skill in the art to modify the device of Nakamura to added the additional gear system into the device, taught by Sasaki, in order to achieve the desired rotation ratio wanted by the end user (paragraphs 0123-0126 of Sasaki). The resulting device of modified Nakamura teaches the original first gear 25 of Nakamura would become the third gear in the new system like 81 of Sakai and the abutting member 32 of Nakamura would engage with first gear of Sasaki like in Figure 4 of Nakamura.
Examiner notes that the predetermined angle is determined by the number of teeth for the first gear, the second gear and the third gear (paragraph 0138-0139 of Sasaki) and the number of teeth of each the first gear, the second gear and the third gear is based on the desired ratio wanted by the end user. Furthermore, with respect to the specific teeth ratio for the first, second and third gear, to have the prime number for the predetermined angle is a numerical value that is not capable of dividing 360, wherein a quotient, which is a calculation result of dividing 360 by the value of the predetermined angle, is not an integer, the courts have held that where the general conditions of the invention are met, a change in size is generally recognized as being within the level of ordinary skill in the art., In re Rose, 105 USPQ 237 (CCPA 1955). MPEP 2144.04 IV. A. Therefore, it would have been obvious to further modify the number of teeth on each of the first gear, the second gear and the third gear to have the specific teeth ratio for the first, second and third gear, to have the prime number for the predetermined angle is a numerical value that is not capable of dividing 360 set forth in the claim based on the end user’s desired speed of cut. The resulting device of modified Nakamura teaches the predetermined angle is a numerical value that is not capable of dividing 360, wherein a quotient (as modified, an angle number for the desired ratio of teeth), which is a calculation result of dividing 360 by the value of the predetermined angle, is not an integer (as modified, an angle number for the desired ratio of teeth), the number of the first teeth is different from the number of the second teeth (as modified, with the desired ratio of teeth), and wherein the number of the first teeth and the number of the second teeth are smaller than the number of the third teeth (as modified, with the desired ratio of teeth).
Response to Arguments
Applicant's arguments filed 4/06/2026 have been fully considered but they are not persuasive.
Applicant’s arguments with respect to claim(s) 1-3 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 LIANG DONG whose telephone number is (571)270-0479. The examiner can normally be reached Monday - Thursday 8 AM-6 PM.
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/LIANG DONG/Examiner, Art Unit 3724 5/01/2026
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