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 .
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.
Claims 1-20 are 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.
Regarding independent claims 1 and 11, the claims recite “wherein a relative refractive index at an interface (212, 218) of the at least two low relative refractive index regions (208, 210) is in a range between 0 and -0.1 %.” However, it is not recited or clear what the refractive index is relative to, or whether it is relative to each other.
Regarding independent claim 14, the claim recites “An optical fiber (100) comprising: a core region (102); and a cladding (104), wherein the optical fiber (100) is defined by a relative refractive index profile (202) that varies from a center of the core region (102) to a periphery of the cladding (104) such that the relative refractive index profile; wherein trench volume of a first low relative refractive index region (208) is at least 10 times less than trench volume of a second low relative refractive index region (210).” Before “wherein trench” seems to be missing claim language limitations and it is indefinite what the relative refractive index profile is being limited or compared to.
Additionally, regarding paragraph 42 of the instant specification, the specification recites “Term “relative refractive index” as used herein is defined as ,” where there is a blank, so an explanation of this can be helpful.
Dependent claims are rejected based on their dependency to independent claims. Art will be applied as best understood to the claims.
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)(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.
Claim(s) 1-2, 5, 11, and 13-16 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Button et al. (USPGPUB No. 2012/0275180, from hereinafter “Button”).
Regarding claims 1, 5, 11, and 13-15, as best understood, Button teaches an optical fiber (100) comprising: a core region (102); and a cladding (108), wherein the optical fiber (100) is defined by a relative refractive index profile (see Figure 5) that varies from a center of the core region (102) to a periphery of the cladding (108) such that the relative refractive index profile has at least two low relative refractive index regions; and wherein a relative refractive index at an interface of the at least two low relative refractive index regions is in a range between 0 and -0.1 % (relative refractive index is less than about -0.5%, which is on same order of magnitude as -0.1%) (see Figures 1-5, paragraphs 40-45).
Regarding claims 2 and 16, as best understood, Button teaches the optical fiber (100) of claim 1, wherein at least one of (i) a macro bend loss of the optical fiber (100) is less than 0.5 decibel/turn (dB/turn) at 7.5 milli- meter (mm) bend radius and 1550 nanometer (nm) wavelength, and (ii) a macro bend loss of the optical fiber (100) is less than 1 dB/turn at 7.5 mm bend radius and 1625 nm wavelength (see paragraphs 52, 71-72).
Claims 3-4, 6-10, 12, and 17-20 are rejected under 35 USC 112 but based on best understanding, do not have an art rejection at this time. The lack of a prior art rejection should not be interpreted as an indication of allowable subject matter. The examiner will need to reconsider the claim after the scope of the claim can be determined.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: USPGPUB No. 2010/0021116 to Mishra.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LISA M CAPUTO whose telephone number is (571)272-2388. The examiner can normally be reached Monday-Friday 9-5 EST.
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, Uyen-Chau Le can be reached at 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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/LISA M CAPUTO/Primary Patent Examiner, Art Unit 2874
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