CTNF 18/680,599 CTNF 80914 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. 07-06 AIA 15-10-15 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. Claim Rejections - 35 USC § 102 07-07-aia AIA 07-07 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 – 07-08-aia AIA (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. 07-15 AIA Claim s 8, 11, 12, 14, 17, and 18 are rejected under 35 U.S.C. 102( a)(1 ) as being anticipated by US 6,181,857 (“EMETERIO”) . Regarding claim 8 , EMETERIO teaches a fiber optic cable (10), comprising: a sheath (14) having first and second ends and a body therebetween (FIGs. 2-6); one or more first optical fibers (16) passing through the body of the sheath; one or more second optical fibers (others of fibers 16) passing through the body of the sheath; and one or more third optical fibers (yet others of fibers 16) passing through the body of the sheath, wherein the sheath includes one or more first openings (32) and one or more second openings (38) along the body, wherein a first accessible portion (34) of the one or more first optical fibers extends through the one or more first openings to be accessible outside of the body of the sheath (FIG. 4), wherein a second accessible portion (36) of the one or more second optical fibers extends through the one or more second openings to be accessible outside of the body of the sheath (FIGs. 4-6), and wherein the one or more third optical fibers do not extend through the one or more first openings and do not extend through the one or more second openings (FIGs. 4, 5). Regarding claim 11 , EMETERIO teaches that the first accessible portion of the one or more first optical fibers includes a connector for connecting another optical fiber to the one or more first optical fibers (col. 1, lines 40-63). Regarding claim 12 , EMETERIO teaches that the one or more first optical fibers extending through the one or more first openings are a plurality of first optical fibers (FIGs. 2-6; as the first optical fibers could be any two of the four fibers 16). Regarding claim 14 , EMETERIO teaches that the one or more second optical fibers extending through the one or more second openings are a single second optical fiber (FIGs. 2-6; as the second optical fiber could be a third one of the four fibers 16). Regarding claim 17 , EMETERIO teaches a method comprising: passing one or more first optical fibers (16) through a body of a sheath (14); passing one or more second optical fibers (another of fibers 16) through the body of the sheath; passing one or more third optical fibers (yet another of fibers 16) through the body of the sheath; passing a first accessible portion (34) of the one or more first optical fibers through one or more first openings (32) along the body of the sheath to be accessible outside of the body of the sheath (FIG. 4); and passing a second accessible portion (36) of the one or more second optical fibers through one or more second openings (38) along the body of the sheath to be accessible outside of the body of the sheath (FIGs. 4-6). Regarding claim 18 , EMETERIO teaches that the one or more third optical fibers do not extend through the one or more first openings and do not extend through the one or more second openings (FIGs. 4, 5) . Claim Rejections - 35 USC § 103 07-20-aia AIA 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. 07-20-02-aia AIA 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. 07-21-aia AIA Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over EMETERIO in view of US 5,982,966 (“BONICEL”) . EMETERIO teaches the limitations of the base claim 12. EMETERIO does not teach that the plurality of first optical fibers is surrounded by a micro-sheath. BONICEL teaches a plurality of first optical fibers surrounded by a micro-sheath (col. 3, lines 40-42). It would have been obvious to one of ordinary skill in the art at the effective filing date to surround the plurality of first optical fibers of EMETERIO with a micro-sheath, as taught by BONICEL. The motivation would have been to dispose the optical fibers without play (col. 3, lines 40-42) . 07-21-aia AIA Claim s 9, 15, 16, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over EMETERIO . EMETERIO teaches the limitations of the base claims 8, 14 and 17. The additional limitation; a plurality of equally or non-equally distanced first and second openings, appears to involve mere duplication of parts. It has been held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced. In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960). As such, it would have been obvious to one of ordinary skill in the art at the effective filing date to equidistantly or non-equidistantly duplicate the first and second openings of EMETERIO, so as to obtain the claimed plurality of first and second openings . Allowable Subject Matter 12-151-07 AIA 07-97 12-51-07 Claim s 1-7 are allowed. 12-151-08 AIA 07-43 12-51-08 Claim s 10 and 20 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. 13-03-01 AIA The following is a statement of reasons for the indication of allowable subject matter: Regarding claims 1-7 , the prior art of record, included that prior art not relied upon but identified below, whether taken individually or in combination, when considered in light of the claimed subject matter as a whole and as interpreted in light of the Specification as originally filed, fails to disclose or render obvious that a loop portion of the one or more first optical fibers extends through the one or more first openings to be accessible outside of the body of the sheath. Regarding claim 10 , the prior art of record, included that prior art not relied upon but identified below, whether taken individually or in combination, when considered in light of the claimed subject matter as a whole and as interpreted in light of the Specification as originally filed, fails to disclose or render obvious that the first accessible portion is in a shape of a loop and is temporarily secured to an outer surface of the sheath. Regarding claim 20 , the prior art of record, included that prior art not relied upon but identified below, whether taken individually or in combination, when considered in light of the claimed subject matter as a whole and as interpreted in light of the Specification as originally filed, fails to disclose or render obvious that the first and second accessible portions are in a shape of a loop and further comprising temporarily securing the first and second accessible portions to an outer surface of the body of the sheath . Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure : US 2013/0251319; US 2011/0081121; US 2009/0297107; US 2009/0060445; US 2009/0041414; US 2007/0140642; US 2007/0140640; and US 5,083875. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JERRY M BLEVINS whose telephone number is (571)272-8581. The examiner can normally be reached Monday - Friday. 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. /JERRY M BLEVINS/Primary Examiner, Art Unit 2874 Application/Control Number: 18/680,599 Page 2 Art Unit: 2874 Application/Control Number: 18/680,599 Page 3 Art Unit: 2874 Application/Control Number: 18/680,599 Page 4 Art Unit: 2874 Application/Control Number: 18/680,599 Page 5 Art Unit: 2874 Application/Control Number: 18/680,599 Page 6 Art Unit: 2874 Application/Control Number: 18/680,599 Page 7 Art Unit: 2874
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