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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 9/16/2026 has been entered.
Response to Arguments
Applicant’s arguments with respect to claim(s) rejected in the prior office action 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.
Applicant has amended independent claim 1 to increase the minimum optical attenuation length to be at least 600 cm. Arguments relate to this change and how this is not a nominal difference from the prior art. While Examiner believes such a modification would be possible, a rejection is made considering newly discovered prior art (Applicant’s IDS Written Opinion).
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.
Claim(s) 1, 3-10 and 13-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2021/0033783 to Buzniak.
Buzniak discloses in the abstract, figure 1 and paragraphs 22 and 26, a wavelength shifting fiber comprising:
A plastic core (abstract), wherein the plastic core comprises a photofluorescent material (doped with fluorescent dopant; paragraph 22); and
A coating (paragraph 24) surrounding the plastic core, wherein the wavelength shifting fiber has an optical attenuation length of at least 600cm (paragraph 26 discloses many values greater than 600cm/6m such as 7m, 8m, 9, and 10m).
As to claims 3-4, the values in paragraph 26 meet the claimed minimums.
As to claim 5, a thickness of at least 3um is disclosed in paragraph 37.
As to claim 6, polystyrene is used (paragraph 40).
As to claim 7, the coating may comprise a glycerol ether acrylate (paragraph 44).
As to claim 8, the coating may be organic (prior art claim 10).
As to claim 9, the core comprises a fluorescent dopant (paragraph 22).
As to claim 10, the diameter is as claimed (prior art claim 11).
Claims 13-20 are method claims that recite general drawing and manufacturing steps for the above structure. Since the structure is disclosed, such manufacturing steps would also be anticipated. Examiner notes that should this not be the case, a future restriction requirement may be proper.
Claim Rejections - 35 USC § 103
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 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.
Claim(s) 11-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Buzniak in view of Chien (cited in prior office action).
Buzniak discloses the invention as claimed except for and anti-oxidant like butylated hydroxytoluene in the core. As noted previously, it appears this material is used in the manufacturing of the fiber.
Chien discloses the use of such materials as a polymerization inhibitor to stabilize a fiber material (column 9, line 53).
It would have been obvious to one having ordinary skill in the art to use an antioxidant as taught by Chien in Buzniak to stabilize the core during manufacturing.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Eric K Wong whose telephone number is (571)272-2363. The examiner can normally be reached M-Tu, Th-F 8A-6P.
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, Thomas Hollweg can be reached at 571-270-1739. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
ERIC K. WONG
Primary Examiner
Art Unit 2874
/Eric Wong/Primary Examiner, Art Unit 2874
