DETAILED ACTION
Response to Arguments
Applicant's arguments filed 4/21/2026 have been fully considered but they are not fully persuasive. Applicant has amended the independent claims to recite a “photofluorescent material” to be included in the core. This amendment overcomes the prior 35USC112 rejection. However, the arguments relating to the prior 35USC103 rejection are not persuasive. It is further noted that aside from the general statement that a photofluorescent material is present, no specific materials or properties are claimed as to result in the attenuation length of 500cm or greater.
Applicant argues that the Examiner has erred in stating the prior art is “about 500cm” rather than greater than 500cm. Examiner purposely used this language because the prior art’s recited attenuation length is close to the claimed minimum of 500cm (416cm is about 500cm). The rejection continues further in line 8 of page 4 stating that Akari fails to disclose the length of “at least 500cm”. From here, the analysis moves to whether a change in roughly 74cm would be nominal and within setting ranges of result effective variables. Certainly, Akari discloses a wide range of attenuation lengths (170cm to 416cm) from small changes in the materials used (Table 3). Akari further describes these changes and properties in paragraph 61.
“[0061] As described above, the concentration of the fluorescent agent is adjusted so that 70 to 99% of blue light can be absorbed at the outer diameter of the fiber. In the case of a single-cladding structure having an outer diameter of 1 mm, as an optical property of the fiber, the attenuation length AL is preferably longer than 300 cm (Attenuation Length AL>300 cm). The attenuation length AL can be adjusted by changing the structure of the cladding, the type of the fluorescent agent, the concentration of the fluorescent agent, and/or the outer diameter of the fiber.”
Therefore, absent any claimed concentrations of fluorescent agents, materials or combinations of concentrations thereof, simple reformulation of Akari’s variables likely would result in the claimed attenuation length of greater than 500cm.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-10 and 13-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2024/0118485 to Akari et al.
Akari discloses a wavelength shifting fiber comprising:
A plastic core (11), wherein the plastic core comprises a photofluorescent material (abstract); and
A coating (12) surrounding the plastic core, wherein the wavelength shifting fiber has an optical attenuation of about 500cm (paragraph 82 discloses an example of 416cm).
As to claims 5 and 10, the cladding has an outer diameter of 1mm and is therefore larger than the claimed 3um.
As to claim 6, the core material claimed is disclosed in paragraph 48.
As to claim 7, the cladding material claimed is disclosed in paragraph 50.
As to claim 8, organic materials may be used for the cladding (paragraph 51).
As to claim 9, fluorescent dopants are disclosed in paragraph 52.
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.
Akari fails to disclose the optical attenuation length of at least 500cm. It is noted that the claims recite no specific structure, nor the degree of importance of this length. The prior art’s disclose of 416cm is “close” to the claimed 500cm and adjusting for the additional length would appear to be within the level of ordinary skill in the art. Similarly, claims 2-4 recite additional lengths. This value is a result effective variable and Akari discloses the need for the length to be greater than 300cm without setting any upper level boundaries. Certainly Akari allows for this possibility and selection of a length for the intended use would be within the level of ordinary skill in the art.
Claim(s) 11-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Akari as applied to claims above, and further in view of US 6,577,802 to Chien.
Akari discloses the invention as claimed except for the use of antioxidants in the fiber core. It is noted that this material appears to be used in Applicant’s invention to aid in the manufacturing of the fiber.
Chien discloses the use of hydroxytoluene as a polymerization inhibitor to stabilize the fiber material (column 9, line 53).
It would have been obvious to one having ordinary skill in the art to use an antioxidant such as taught by Chien in Akari to stabilize the core during manufacturing.
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 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.
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ERIC K. WONG
Primary Examiner
Art Unit 2874
/Eric Wong/Primary Examiner, Art Unit 2874
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