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 .
Information Disclosure Statement
Information disclosure statements filed 2/03/2025 and 5/29/2024 have been considered.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claim 1-27 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1-28 of U.S. Patent No. 12,013,578 B2 (hereinafter “the ‘578 patent”). Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the present application recite obvious variations of the claimed limitations of the ‘578 patent.
Specifically, the ‘578 patent recites a multifiber connector comprising: a housing comprising a nosepiece (col. 30, ll. 18), and the housing comprising a rear end and a front end, and a longitudinal passageway extending from the rear end to the front end (col. 30, ll. 5-7), wherein a part of the rear portion of the housing comprises a round cross-section and a part of the front portion of the housing comprises a non-round cross-section with a transition region disposed between the rear portion and the front portion (col. 30, ll. 7-11), and the housing comprises a locking feature integrally formed in the housing that alters the round cross-section of the rear portion for securing optical mating of the multifiber optic connector (col. 30, ll. 11-15) and a multifiber ferrule comprising a plurality of fiber bores (col. 30, ll. 16).
However, the ‘578 patent does not explicitly claim that the housing is a multi-piece housing as claimed in the present application. On the other hand, the use of a multi-piece housing is well known and common in the optical connector art. Multi-piece housings are advantageously used in the art to allow for modular structures capable of supporting higher fiber counts and emerging standards, making them a scalable choice for networks that need to adapt to evolving bandwidth demands. Therefore, it would have been obvious to a person of ordinary skill in the art before the filing date of the present application to modify the claims of the ‘578 patent to claim the optical connector having a multi-piece housing, in the manner claimed in the present application.
Regarding claim 2, the ‘578 patent claims a keying portion configured as a female key (col. 30, ll. 19-20).
Regarding claim 3, the ‘578 patent claims wherein the keying portion is disposed about 180 degrees from the locking feature of the housing (col. 30, ll. 21-23).
Regarding claim 4, the ‘578 patent claims wherein the locking feature is a subtractive portion from the round cross-section of the rear portion of the housing (col. 30, ll. 24-26).
Regarding claim 5, the ‘578 patent claims wherein the locking feature comprises a ramp with a ledge (col. 30, ll. 27-28).
Regarding claim 6, the ‘578 patent claims an O-ring being disposed on a portion of the housing (col. 30, ll. 29-31).
Regarding claim 7, the ‘578 patent claims wherein the transition region comprises a threaded portion (col. 30, ll. 32-33).
Regarding claim 8, the ‘578 patent claims a cable adapter (col. 30, ll. 34-35).
Regarding claim 9, the ‘578 patent claims wherein the cable adapter receives a portion of a resilient member and a portion of a ferrule holder, and a ferrule holder retainer is attached to the cable adapter (col. 30, ll. 36-39).
Regarding claim 10, the ‘578 patent claims the multifiber optic connector being a portion of a cable assembly (col. 30, ll. 40-41).
Regarding claim 11, the ‘578 patent claims a multifiber optic connector, comprising: a housing comprising a rear end and a front end, and a longitudinal passageway extending from the rear end to the front end (col. 30, ll. 42-45), wherein a part of the rear portion of the housing comprises a round cross-section and a part of the front portion of the housing comprises a non-round cross-section with a transition region comprising a threaded portion disposed between the rear portion and the front portion (col. 30, ll. 45-50), and the housing comprises a locking feature integrally formed in the housing that alters the round cross-section of the rear portion for securing optical mating of the multifiber optic connector (col. 30, ll. 50-53) and the housing comprising a keying portion disposed about 180 degrees from the locking feature (col. 30, ll. 55-59); and a multifiber ferrule comprising a plurality of fiber bores (col. 30, ll. 54).
Regarding claim 12, the ‘578 patent claims wherein the keying portion is configured as a female key (col. 30, ll. 55-56).
Regarding claim 13, the ‘578 patent claims wherein the locking feature is a subtractive portion from the round cross-section of the rear portion of the housing (col. 30, ll. 60-62).
Regarding claim 14, the ‘578 patent claims wherein the locking feature comprises a ramp with a ledge (col. 30, ll. 63-64).
Regarding claim 15, the ‘578 patent claims an O-ring being disposed on a portion of the housing (col. 30, ll. 65-67).
Regarding claim 16, the ‘578 patent claims a cable adapter (col. 31, ll. 1-2).
Regarding claim 17, the ‘578 patent claims a resilient member for biasing the multifiber ferrule to a forward position (col. 31, ll. 3-5).
Regarding claim 18, the ‘578 patent claims a nosepiece configured for attachment to the housing (col. 31, ll. 6-8).
Regarding claim 19, the ‘578 patent claims the multifiber optic connector being a portion of a cable assembly (col. 31, ll. 9-10).
Regarding claim 20, the ‘578 patent claims a multifiber optic connector, comprising: a housing comprising a nosepiece (col. 32, ll. 2), and the housing comprising a rear end and a front end, and longitudinal passageway extending from the rear end to the front end (col. 31, ll. 11-14), wherein a part of the rear portion of the housing comprises a round cross-section and a part of the front portion of the housing comprises a non-round cross-section with a transition region disposed between the rear portion and the front portion (col. 31, ll. 14-18), and the housing comprises a locking feature integrally formed in the housing, wherein the locking feature is a subtractive portion from the round cross-section of the rear portion of the housing that alters the round cross-section of the rear portion for securing the optical mating of the multifiber optic connector (col. 31, ll. 18-24); a multifiber ferrule comprising a plurality of fiber bores (col. 32, ll. 1); and an O-ring being disposed on the rear portion of the housing (col. 32, ll. 3-4).
However, the ‘578 patent does not explicitly claim that the housing is a multi-piece housing as claimed in the present application. On the other hand, the use of a multi-piece housing is well known and common in the optical connector art. Multi-piece housings are advantageously used in the art to allow for modular structures capable of supporting higher fiber counts and emerging standards, making them a scalable choice for networks that need to adapt to evolving bandwidth demands. Therefore, it would have been obvious to a person of ordinary skill in the art before the filing date of the present application to modify the claims of the ‘578 patent to claim the optical connector having a multi-piece housing, in the manner claimed in the present application.
Regarding claim 21, the ‘578 patent claims a keying portion configured as a female key (col. 32, ll. 5-6).
Regarding claim 22, the ‘578 patent claims wherein the keying portion is disposed about 180 degrees from the locking feature of the housing (col. 32, ll. 8-10).
Regarding claim 23, the ‘578 patent claims wherein the locking feature comprises a ramp with a ledge (col. 32, ll. 11-12).
Regarding claim 24, the ‘578 patent claims wherein the transition region comprises a threaded portion (col. 32, ll. 13-14).
Regarding claim 25, the ‘578 patent claims a cable adapter (col. 32, ll. 15-16).
Regarding claim 26, the ‘578 patent claims a resilient member for biasing the multifiber ferrule to a forward position (col. 32, ll. 17-20).
Regarding claim 27, the ‘578 patent claims the multifiber optic connector being a portion of a cable assembly (col. 32, ll. 21-23).
Conclusion
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/SUNG H PAK/ Primary Examiner, Art Unit 2874
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