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 .
Allowable Subject Matter
Claims 3, 4, 8 and 11 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. The following is a statement of reasons for the indication of allowable subject matter: The prior art of record, taken alone or in combination, fails to disclose or render obvious:
wherein the fastener extends through the cable pulling sleeve and the loop;
a rip cord extending inside the jacket in the first section, the rip cord extending outside of the jacket at the second section, and the rip cord being configured to cut the jacket and protective wrap.
The closest relevant prior art of record, Smith et al. (U.S. PG Pub. # 2013/0016948 A1), teaches that fasteners 114 or 116 extend around the pulling sleeve 104, and a rip cord within 114 or 116, not within the jacket 70 or protective wrap 97.
Thus, with no teaching from the prior art, and without the benefit of applicant's teachings, there is no motivation for one of ordinary skill in the art to combine/modify the prior art of record in a manner so as to create the claimed invention.
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.
Claims 1, 2, 5, 9, 10, 12 – 15, 18 and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Smith et al. (U.S. PG Pub. # 2013/0016948 A1).
In Re claims 1, 10 and 14, ‘948 teaches a fiber optic cable assembly, comprising: a fiber optic cable, including: a first section (within 70) having a jacket (70) surrounding at least one internal fiber optic cable (76), the jacket having an end (72); a second section (76 from 72 to where end of 98 or 104 enclose 76) where the at least one internal fiber optic cable extends past the end of the jacket, and the second section having an end (adjacent 76); a strength member (aramid, 82) having a first portion extending inside the jacket (as seen in fig. 16) in the first section, the strength member having a second portion (96) forming a loop outside of the second section, and the strength member having a third portion (wrapped back on 70 where 97 resides, fig. 18) extending outside of the jacket in the first section; and a protective wrap (97) surrounding the third portion of the strength member; and a cable pulling sleeve (98 or 104) coupled to the loop, the cable pulling sleeve defining a cavity for enclosing the end of the second section (figs. 20 or 21A).
In Re claims 2 and 5, ‘948 teaches wherein the cable pulling sleeve (104) is coupled to the loop using at least two fasteners (114 and 116).
In Re claims 9 and 15, ‘948 teaches wherein the fiber optic cable does not include a fan out arrangement (fig. 21).
In Re claim 12, ‘948 teaches wherein the protective wrap includes heat shrink wrap (98, par. 0066).
In Re claim 13, ‘948 teaches wherein the protective wrap has a first end that extends past the end of the jacket, the protective wrap has a second end on the jacket, and the third portion of the strength member terminates at the second end of the protective wrap (figs. 19 and 20).
In Re claims 18 and 19, ‘948 teaches a method of preparing a fiber optic cable, the method comprising: stripping a jacket (par. 0060, 70) to expose at least one internal fiber optic cable (78) and a strength member (82); looping the strength member to define an anchor point over the exposed at least one internal fiber optic cable (par. 0065), and to have a portion extending outside of the jacket (fig. 18); and applying a protective wrap (86) to surround the portion of the strength member extending outside of the jacket; applying heat to shrink (98, par. 0066) the protective wrap over the portion of the strength member extending outside of the jacket.
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.
Claims 6, 7, 16, 17 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Smith et al. (U.S. PG Pub. # 2013/0016948 A1).
‘948 teaches the cable of claims 1, 10 and 18, respectively, but is silent to fiber optic connectors as claimed. However, it is well known in the art to have fiber optic connectors on opposing ends of a fiber optic cable where a jacket has been stripped so as to allow for a cable assembly that is ready to connect to telecom equipment on either end thus creating a more versatile cable assembly.
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the assembly of ‘948 to have connectors on either end of the jacketed cable so as to have readily available telecom connections for expedient connections as a person with ordinary skill has good reason to pursue the known options within his or her technical grasp.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHAD SMITH whose telephone number is (571)270-1294. The examiner can normally be reached M-F 7:30 - 5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Uyen-Chau Le can be reached at 1-571-272-2397. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHAD H SMITH/Primary Examiner, Art Unit 2874