DETAILED ACTION
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 2 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Recitation of a narrow numerical range that falls within a broader range in the same claim renders the claim indefinite since it is not clear whether the preferable, claimed narrower range is a limitation.
Claim Rejections - 35 USC § 102
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, 2, 5-10, 12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. PGPub 2016/0347645 A1 by Gonda et al.
Regarding claim 1, Gonda teaches a method for producing a multicore fiber, comprising a method step in which a component group (shown in Fig. 6) is reshaped to form the multicore fiber or to form a pre-form (27) for the multicore fiber, the component group comprising:
a glass cladding cylinder (23) having a cylinder longitudinal axis (vertical, Fig. 6) and an outer lateral surface (outer, cylindrical surface) and having a glass cladding region made of cladding glass (silica glass);
a plurality of core glass regions (21a-g, 22a-g) provided with a core glass and extending in the direction (vertical) of the cylinder longitudinal axis, which are surrounded by the cladding glass (23); and,
at least one marker element (M1, M2) extending in the direction (vertical) of the cylinder longitudinal axis,
wherein the marker element is arranged on the outer lateral surface of the glass cladding cylinder (within grooves 23h-25h), a longitudinal groove (23h-25h) being created in the outer lateral surface of the glass cladding region (23) and extending in the direction (vertical) of the cylinder longitudinal axis, and wherein the marker element is melted in the longitudinal groove before the reshaping process to form the pre-form or the multicore fiber (i.e., in an integrating step of heating and integrating, by fusion, a preform formed at an assembly step).
Regarding claim 2, Gonda further teaches the marker element has a length and wherein the melting takes place fully, in portions or at points along at least 80% of this length, preferably along at least 90% of this length (the marker M1, M2 is substantially the same length as the cladding preform 23 as shown in Fig. 6, and “the multi-core fiber preform and the multi-core fiber of which positional relationships relative to counterparts match very precisely”, ¶[0047]).
Regarding claim 5, Gonda further teaches the production of the component group comprises the following method steps (as illustrated in Fig. 6):
(a) providing the glass cladding cylinder (23) which contains the cladding glass;
(b) providing core rods (21, 22) containing the core glass;
(c) providing a marker element (M1, M2);
(d) producing at least one longitudinal groove (23h-25h) in the outer lateral surface of the glass cladding cylinder:
(e) producing core rod bores (23a-g, 24a-g, 25a-g) which extend along the cylinder longitudinal axis;
(f) arranging and melting the marker element in the longitudinal groove (heating and fusion by a heater 12a); and
(g) introducing the core rods (21, 22) into the core rod bores (23a-g, 24a-g, 25a-g) while forming the core glass regions (inserted in a vertical direction as in Fig. 6).
Regarding claim 6, Gonda further teaches the marker element is provided in the form of a cylindrical component, in particular as a solid rod or as a tube, or in the form of a layer or glass mass (Fig. 6, ¶[0041]).
Regarding 7, Gonda further teaches a hollow cylinder (23) having a central bore (center through hole for receiving a center bore preform 22d) is used as the glass cladding cylinder and comprises the glass cladding region made of cladding glass (material for 23) and a plurality of core glass regions (23a-g, 24a-g, 25a-g) provided with a core glass (21a-g, 22a-g).
Regarding claim 8. Gonda further teaches the marker glass differs from the cladding glass in color (¶[0041]) of refractive index (¶[0050]).
Regarding claim 9, Gonda teaches a semi-finished product (preform 27) for producing a multicore fiber, comprising a glass cladding cylinder (23) having a cylinder longitudinal axis (vertical) and an outer lateral surface (cylindrical outer surface of 23) and having a glass cladding region made of cladding glass (material of cladding preform 23) which contains a plurality of openings (23a-g, 24a-g, 25a-g) for receiving core rods (21a-g, 22a-g) made from a core glass, wherein the outer lateral surface of the glass cladding cylinder has at least one recess (groove 23h) extending in the direction of the cylinder longitudinal axis and designed as a longitudinal groove, into which a marker element (M1) is melted (the patentability of a product does not depend on its method of production, and the melting process has no bearing on the patentability of the product claim and is not given patentable weight or treated on merits. In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985)).
Regarding claim 10, Gonda further teaches the marker element has a length and wherein said marker element is melted fully, in portions or at points, along at least 80% of this length, preferably along at least 90% of this length (the marker M1, M2 is substantially the same length as the cladding preform 23 as shown in Fig. 6, and “the multi-core fiber preform and the multi-core fiber of which positional relationships relative to counterparts match very precisely”, ¶[0047]).
Regarding claim 12, Gonda further teaches the glass cladding cylinder is a hollow cylinder (23) having a central bore (center through hole for receiving a center bore preform 22d)
Allowable Subject Matter
Claims 3, 4, 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. Gonda is the closest identified prior art to the invention as claimed, no other analogous prior art is available the further suggests the claimed subject matter including melting of the marker element comprises a method step in which the glass cladding cylinder is mounted with a horizontally oriented cylinder longitudinal axis such that the longitudinal groove is located in an upper side of the glass cladding cylinder, the material of the marker element being heated and softened by means of a heat source, or cladding glass having a cladding glass volume VM is removed from the glass cladding cylinder to produce the longitudinal groove, and wherein a marker element having a volume VE is received in the longitudinal groove, where VE=VM+/−0.1×VM, or the marker element comprises a channel filled with a gas, when considered in view of the rest of the limitations of the claimed invention.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US20150055923 discloses a multicore fiber 10 with a marker 7 exposed on an outer surface thereof, Fig. 1b.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHARLIE PENG whose telephone number is (571)272-2177. The examiner can normally be reached 9AM - 6PM.
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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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/CHARLIE Y PENG/Primary Examiner, Art Unit 2874
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