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 .
DETAILED ACTION
Information Disclosure Statement
The information disclosure statement filed on 08/13/2024 has been entered and considered by the examiner.
Drawings
The drawings filed on 05/15/2024, has been accepted for examination.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
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) 1-5, 11, 16-17 and 19-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Schell et al. (2017/0322111 A1).
Regarding claim 1, Schell discloses a Visual Fault Locator (VFL) is included in an optical test instrument(s) (100) (figs. 1A-1B, and 5A-6) [pars. 0007, 0016-20], comprising:
an output port (a test port 104) configured for connection is a test port 104 that provides an optical path into and out of the housing 102 with an optical fiber to be tested a fiber optic cable to be tested [par. 0017]; and
illumination device 116 emits light in the visible range, such as blue light having wavelengths between 450-495 nanometers is a variable light source configured to emit visible light at different power levels amount of power detected by optical power meter and/or optical power measurement circuitry 154 from the output port input/output interface 142/user interface 142 [pars. 0019, 0036-41].
For the purposes of clarity, power level is considered as amount of power detected by optical power meter considering the BRI.
As to claims 2-5, Schell also discloses a structure that is use in a Visual Fault Locator (VFL) system an optical test instrument(s) (100) (figs. 1A-1B, and 5A-6) that is implementing limitations such as, wherein the different power levels (the amount of power) detected by optical power meter [pars. 0003, 0020] implicitly correspond with different light intensity levels (claim 2); further comprising a gain control device optical power measurement circuitry 154 implicitly connected to the variable light source illumination device 116 through processor 140, wherein the gain control device the optical power measurement circuitry 154 includes suitable circuitry and programming logic to perform operations related to measuring an output parameter, such as power of an optical signal transmitted through the optical fiber coupled to the fiber optic connector 105 and comparing the output parameter to a threshold value is configured to control the power of the variable light source to enable the variable light source to emit the visible light at multiple power levels [par. 0040](claim 3); wherein the multiple power levels/ the amount of power detected by optical power meter include one or more lower levels below class 2M light in the visible range, such as blue light having wavelengths between 450-495 nanometers and one or more high levels from class 3R or more [pars. 0019-20] (claim 4); and wherein the gain control device the optical power measurement circuitry 154 circuitry and programming logic perform operations related to measuring an output parameter, such as power of an optical signal transmitted through the optical fiber coupled to the fiber optic connector 105 and comparing the output parameter to a threshold value [par. 0040] is configured to control the power of the variable light source based on user activity (claim 5).
As to claim 11, Schell also discloses a structure that is use in a Visual Fault Locator (VFL) system an optical test instrument(s) (100) (figs. 1A-1B, and 5A-6) that is implementing limitations such as, further comprising one or more input devices input/output interface 142/user interface 142 include a keyboard, knobs, and buttons [par. 0041] for receiving command signals from an external device, wherein the command signals are configured to control the power level of the variable light source.
As to claim 16, Schell also discloses a structure that is use in a Visual Fault Locator (VFL) system an optical test instrument(s) (100) (figs. 1A-1B, and 5A-6) that is implementing limitations such as, wherein the VFL is incorporated in one of a Live Fiber Detector [pars. 0029, 0040; (claim 25)],
As to claim 17, Schell discloses a control device comprising is included in an optical test instrument(s) (100) (figs. 1A-1B, and 5A-6) [pars. 0007, 0016-20], comprising:
a processor 140 and operably coupled to memory 144 configured to store computer logic having instructions that, when executed [pars. 0036-40], enable the processor to perform the steps of:
obtaining control input from a user an input/output interface 142/user interface 142 [par. 0041] and/or optical power measurement circuitry 154; and
communicating the control input (i.e. executable instructions) from input/output interface 142/user interface 142 [par. 0041] and/or optical power measurement circuitry 154 to a Visual Fault Locator (VFL) having a variable light source an illumination device 116 that emits light in the visible range, such as blue light having wavelengths between 450-495 nanometers and an output port is included in the input/output interface 142/user interface 142, wherein the control input (i.e. executable instructions) from input/output interface 142/user interface 142 [par. 0041] and/or optical power measurement circuitry 154 causes the VFL to change a power level/amount of power detected by optical power meter of the variable light source resulting in a change of light intensity emitted from the output port to a near end of an optical fiber under test included in fiber optic connector 105 under test[pars. 0036-41].
For the purposes of clarity, power level is considered as amount of power detected by optical power meter considering the BRI.
As to claim 19, Schell also discloses a structure that is use in a Visual Fault Locator (VFL) system an optical test instrument(s) (100) (figs. 1A-1B, and 5A-6) that is implementing limitations such as, wherein the step of obtaining control input input/output interface 142/user interface 142 [par. 0041] and/or optical power measurement circuitry 154 from the user includes receiving the control input from a remote device located near a far end of the optical fiber under test included in the fiber optic connector 105 under test (claim 19); and wherein the step of obtaining control input from the user input/output interface 142/user interface 142 [par. 0041] further includes receiving additional control input (i.e. memory 144 also contains executable instructions that cause the processor 140 and the optical power measurement circuitry 154 to carry out a power test of the fiber optic connector 105 under test)[par. 0040] (i.e. a power source 146 and/or electromechanical mechanism 148) from another user associated with the control device and using the control input and additional control input to control (i.e. a power source 146) the power level amount of power detected by optical power meter of the variable light source of the VFL [pars. 0036-41] (claim 20).
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 12-15 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schell et al. (2017/0322111 A1) in view of Leclerc (2022/0268665 A1) and/or Wellbrock et al. (10,491,296 B1).
As to claims 12-15 and 18, Schell teaches of the features of claims 12-15, as applied to claim 11 comprising, one or more input devices input/output interface 142/user interface 142 include a keyboard, knobs, and buttons [par. 0041] for receiving command signals from an external device, wherein the command signals are configured to control the power level of the variable light source.
Schell fails to explicitly specify the constructional changes in the device of claim 1 and 17, as applied to claims 11 and 17, such as the type of input devices/input/output interface/user interface as being a wireless radio/radio wireless interface, and the selection step of receiving signal and wherein input related to user activity associated with the external device, as that claimed by Applicants claims 12-15 and 18, wherein the one or more input devices include at least a radio configured to wirelessly receive the command signals from the external device (claim 12); wherein, before receiving the command signals, the VFL is configured to perform a pairing procedure to pair the external device with the VFL (claim 13); wherein the command signals received from the external device include at least a continuation input for instructing the variable light source to maintain the power level at an elevated level, the continuation input related to user activity associated with the external device (claim 14); wherein the command signals are related to remote signals transmitted from a remote device in communication with the external device (claim 15); and wherein the step of communicating the control input to the VFL includes communicating wireless to a radio of the VFL (claim 18).
However, even though, Schell fail to teach the constructional changes in the device of claim 1, as that claimed by Applicants claims 12-15 and 18, the constructional changes are considered obvious, in view of Leclerc ([par. 0102] teaches that radio, if included (visual fiber finder light and power measurement test system) (Leclerc see abstract, claim 1)), may enable wireless communication to an external access device or network. Any number of suitable wireless data communication protocols, techniques, or methodologies can be supported by the radio, including, without limitation and/or Wellbrock (col. 12, line 24; col. 13, lines 20-31; col. 14, lines 41-54) (fig. 9; 980) teaches of optical network integrated tool includes wireless radio may provide wireless communication between PON integrated tool 100 and UE 720, PON service provider 740, and/or other devices. Further, since connections/interface of devices can only be in the form of either hardwire, wireless or the combination knowledge available to a person having ordinary skill in the art before the effective filing date of the claimed invention.
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify Schell system in view of the teachings of Leclerc and/or Wellbrock and the knowledge available to a person having ordinary skill in the art before the effective filing date of the claimed invention in the manner set forth in applicant's claims 12-15 and 18, in order to enable wireless communication to an external access device or network and also be used to remotely configure and/or control in performing different tests.
Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify Schell system in view of the teachings of Leclerc and/or Wellbrock and the knowledge available to a person having ordinary skill in the art before the effective filing date of the claimed invention in the manner set forth in applicant's claims 12-15 and 18, in order to enable wireless communication to an external access device or network, since it has been held that the provision of adjustability, where needed, involves only routine skill in the art, In re Stevens, 101 USPQ 284 (CC1954); and since selection of any order of performing process steps is prima facie obvious in the absence of new or unexpected results, In re Burhans, 154 F.2d 690, 69 USPQ 330 (CCPA 1946).
Allowable Subject Matter
Claims 6-10 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
As to claim 6, the prior art of record, taken alone or in combination, fails to disclose or render obvious wherein the gain control device is configured to increase the power of the variable light source from a low level to a high level when the user presses and holds down a boost button, in combination with the rest of the limitations of the claim. Claims 7-10 are allowable by virtue of their dependency.
Additional Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The references listed in the attached form PTO-892 teach of other prior art Visual Fault Locator (VFL) device/system.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Isiaka Akanbi whose telephone number is (571) 272-8658. The examiner can normally be reached on 8:00 a.m. - 4:30 p.m.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tarifur R. Chowdhury can be reached on (571) 272-2287. The fax phone number for the organization where this application or proceeding is assigned is 703-872-9306.
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/ISIAKA O AKANBI/Primary Examiner, Art Unit 2877