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 .
Priority
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in Japan on 07/25/2023. It is noted, however, that applicant has not filed a certified copy of the JP2023-110419 application as required by 37 CFR 1.55. Retrieval of certified copies of papers as required by 37 CFR 1.55 via the Electronic Priority Document Exchange (PDX) Program failed.
Information Disclosure Statement
The prior art document(s) submitted by applicant in the Information Disclosure Statement filed on 06/26/2024 have all been considered and made of record.
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 4-5, 11 and 13 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.
The term “substantially” in claims 4 and 11 is a relative term which renders the claim indefinite. The term “substantially” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. It is unclear what shapes are “substantially U-shaped” or “substantially V-shaped” and what shapes are not. At what point is a shape no longer considered to be “substantially U-shaped” or “substantially V-shaped”? The examiner is interpreting any cavity with two (2) or more angles or at least one (1) curve as being “substantially U-shaped” and any intersecting sides (i.e., a cavity with only one (1) angle) as being “substantially V-shaped”.
Claims 5 and 13 are rejected for inheriting the indefinite of claims 4 and 11, respectively.
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.
Claim(s)1-6 and 8-12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Daems et al. in US Patent 5048918 A (hereinafter "Daems").
Regarding claim 1, Daems discloses a fiber wire fixation structure comprising:
a rod-shaped cushion having a plurality of slits each extending in a length direction on an outer circumference of the rod-shaped cushion (organizer 5 is interpreted as a rod-shaped cushion since it protects the fibers from bending and as having a plurality of slots 12 interpreted as slits each extending in a length direction on an outer circumference of the rod-shaped 5; see Fig. 1, note that the shape of 12 is interpreted as a rod the shape is roughly an elongated cylinder with some smooth tapering), the plurality of slits being configured so that a fiber wire is allowed to be inserted into each of the plurality of slits (the plurality of 12 is capable of allowing a fiber wire to be inserted into each of the plurality of 12; see Fig. 1; see Col. 2 lines 47-51); and
a cushion fixing part having a hollow tube-shaped structure (bridging means 9 is interpreted as a cushion fixing part having a hollow tube-shaped structure; see Fig. 1), the cushion fixing part being configured so that the cushion is pressed and fixed from the outer circumference of the cushion when the cushion is pressed into a hollow space of the cushion fixing part to a predetermined position in the cushion fixing part (10 is capable of being configured so that the cushion is pressed and fixed from the outer circumference of the cushion when the cushion is pressed into a hollow space of the cushion fixing part to a predetermined position in the cushion fixing part since 5 is held by and within 9; see Fig. 1).
Regarding claim 2, Daems discloses the fiber wire fixation structure according to claim 1 as discussed above,
wherein the cushion has a cylindrical shape (5 is interpreted as having a cylindrical shape in at least one section; see Fig. 1), and
the cushion fixing part has a hollow cylindrical shape (10 is interpreted as having a cylindrical shape in at least one section; see Fig. 1).
Regarding claim 3, Daems discloses the fiber wire fixation structure according to claim 2 as discussed above, wherein a tapered part is provided at one end in an axial direction of the cushion fixing part (see Fig. 1 where an axial taper of 9 is visible), the tapered part gradually narrowing toward the other end in the axial direction (the direction of the taper of 9 gradually narrows from one end to another end in the axial direction of the optical fibers 4; see Fig. 1).
Regarding claim 4, Daems discloses the fiber wire fixation structure according to claim 1 as discussed above, wherein a cross section of each of the plurality of slits in a longitudinal direction thereof is a substantially U shape (12 is interpreted as being substantially U-shaped in the cross section shown in Fig. 1).
Regarding claim 5, Daems discloses the fiber wire fixation structure according to claim 4 as discussed above, wherein in a state where the outer circumference of the cushion is pressed and the cushion is fixed within the cushion fixing part (9 surrounds 5 in Fig. 1 such that the outer circumference of 5 is pressed into the hole of 9 and 5 is fixed within 9), the fiber wire inserted into each of the plurality of slits is fixed in the corresponding slit by being pressed from the cross section of the slit without touching the cushion fixing part (4 is inserted into 12 with such depth that 4 does not touch 9; see Fig. 1 where 4 does not touch 9; additionally, fiber 4 is protected by tube 8 and cannot directly touch 12 anyhow).
Regarding claim 6, Daems discloses the fiber wire fixation structure according to claim 1 as discussed above. The Examiner notes that the limitation “wherein the fiber wire fixation structure is installed in an optical submarine repeater” is an intended use type limitation. A recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. See In re Casey, 152 USPQ 235 (CCPA 1967) and In re Otto, 136 USPQ 458, 459 (CCPA 1963). It has been held that “apparatus claims cover what a device is, not what a device does” (Hewlett-Packard Co. v. Bausch & Lomb Inc. 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990)); that a claim containing a “recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus" if the prior art apparatus teaches all of the structural limitations of the claim (Ex parte Masham, 2 USPQ 2d 1647 (Bd. Pat. App. & Inter. 1987)); and that if a prior art structure is capable of performing the intended use as recited in the preamble, then it meets the claim (In re Schreiber, 128 F.3d 1473, 1477, 44 USPQ2d 1429, 1431 (Fed. Cir. 1997)). See MPEP § 2111.02, II and MPEP § 2114, II.
Regarding claim 8, Daems discloses a method of assembling a fiber wire fixation structure, the method comprising:
respectively inserting fiber wires into a plurality of slits each extending in a length direction of a rod-shaped cushion, the plurality of slits being provided on an outer circumference of the rod-shaped cushion (fiber insertion, see Col. 3 line 67-Col. 4, line 1; organizer 5 is interpreted as a rod-shaped cushion since it protects the fibers from bending and as having a plurality of slots 12 interpreted as slits each extending in a length direction on an outer circumference of the rod-shaped 5; see Fig. 1, note that the shape of 12 is interpreted as a rod the shape is roughly an elongated cylinder with some smooth tapering); and
pressing the cushion into a cushion fixing part having a hollow tube-shaped structure to a predetermined position in the cushion fixing part in a state where the plurality of fiber wires is respectively inserted into the plurality of slits (bridging means 9 is interpreted as a cushion fixing part having a hollow tube-shaped structure; see Fig. 1; 5 is pressed into 9; 4 is inserted into 12 of 5 which is inserted into 9).
Regarding claim 9, Daems discloses the method according to claim 8 as discussed above, wherein the cushion has a cylindrical shape (5 is interpreted as having a cylindrical shape in at least one section; see Fig. 1), and the cushion fixing part has a hollow cylindrical shape (10 is interpreted as having a cylindrical shape in at least one section; see Fig. 1).
Regarding claim 10, Daems discloses the method according to claim 9 as discussed above, wherein a tapered part is provided at one end in an axial direction of the cushion fixing part (see Fig. 1 where an axial taper of 9 is visible), the tapered part gradually narrowing toward the other end in the axial direction (the direction of the taper of 9 gradually narrows from one end to another end in the axial direction of the optical fibers 4; see Fig. 1), and the pressing includes pressing the cushion in a state where the plurality of fiber wires is respectively inserted into the plurality of slits into the cushion fixing part from a side of the cushion fixing part at which the tapered part is provided (fiber insertion from the side, see Col. 3 line 67-Col. 4, line 1; see Fig. 1; the cross-section shown in Fig. 1 indicates that 12 is open to the periphery in at least the beginning of the taper region of 5; 5 must necessarily be pressed into 9 from the tapered side in order to achieve the assembled state shown in Fig. 1).
Regarding claim 11, Daems discloses the method according to claim 8 as discussed above, wherein a cross section of each of the plurality of slits in a longitudinal direction thereof is a substantially U shape (12 is interpreted as being substantially U-shaped in the cross section shown in Fig. 1).
Regarding claim 12, Daems discloses the method according to claim 11 as discussed above, wherein in a state where the outer circumference of the cushion is pressed and the cushion is fixed within the cushion fixing part (9 surrounds 5 in Fig. 1 such that the outer circumference of 5 is pressed into the hole of 9 and 5 is fixed within 9), the fiber wire inserted into each of the plurality of slits is fixed in the corresponding slit by being pressed from the cross section of the slit without touching the cushion fixing part (4 is inserted into 12 with such depth that 4 does not touch 9; see Fig. 1 where 4 does not touch 9; additionally, fiber 4 is protected by tube 8 and cannot directly touch 12 anyhow).
Claim(s) 1-2, 4-6, 8, and 13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chu et al. in US Patent 5222177 A (hereinafter "Chu").
Regarding claim 1, Chu discloses a fiber wire fixation structure (see Fig. 1 and 3) comprising:
a rod-shaped cushion having a plurality of slits each extending in a length direction on an outer circumference of the rod-shaped cushion (core member 34 is interpreted as a rod-shaped cushion since 34 is a longitudinally extending member and protects optical fibers 28; see Fig. 3 which shows grooves 36 interpreted as a plurality of slits each extending in a length direction on an outer circumference of 34; see Col. 4, line 56 to Col. 5, line 18), the plurality of slits being configured so that a fiber wire is allowed to be inserted into each of the plurality of slits (see Fig. 3 where 28 is inserted into 36); and
a cushion fixing part having a hollow tube-shaped structure (copper shield 110 is interpreted as a cushion fixing part having a hollow tube-shaped structure; see Fig. 1), the cushion fixing part being configured so that the cushion is pressed and fixed from the outer circumference of the cushion when the cushion is pressed into a hollow space of the cushion fixing part to a predetermined position in the cushion fixing part (110 is interpreted as being capable of being configured so that the 34 is pressed and fixed from the outer circumference of 34 when 34 is pressed into a hollow space of 110 to a predetermined position in 110; the predetermined position is the center as shown in Fig. 1 and 34 is held there by a combination of 110 and strength members).
Regarding claim 2, Chu discloses the fiber wire fixation structure according to claim 1 as discussed above,
wherein the cushion has a cylindrical shape (the cross-section shown in Fig. 3 is indicative of 34 necessarily having a cylindrical shape), and
the cushion fixing part has a hollow cylindrical shape (the cross-section shown in Fig. 1 is indicative of 110 necessarily having a hollow cylindrical shape).
Regarding claim 4, Chu discloses the fiber wire fixation structure according to claim 1 as discussed above, wherein a cross section of each of the plurality of slits in a longitudinal direction thereof is a substantially U shape (see Fig. 3, where each groove 48 is interpreted as a substantially U-shape made of two right angles).
Regarding claim 5, Chu discloses the fiber wire fixation structure according to claim 4 as discussed above, wherein in a state where the outer circumference of the cushion is pressed and the cushion is fixed within the cushion fixing part (see Fig. 1), the fiber wire inserted into each of the plurality of slits is fixed in the corresponding slit by being pressed from the cross section of the slit without touching the cushion fixing part (see Fig. 1 and 3 where the fibers are fixed within 34 without touching 110).
Regarding claim 6, Chu discloses the fiber wire fixation structure according to claim 1 as discussed above, wherein the fiber wire fixation structure is installed in an optical submarine repeater (see Col. 4 lines 43-45 which discusses using Chu’s device installed in an optical submarine repeater).
Regarding claim 8, Chu discloses a method of assembling a fiber wire fixation structure, the method comprising:
respectively inserting fiber wires into a plurality of slits each extending in a length direction of a rod-shaped cushion, the plurality of slits being provided on an outer circumference of the rod-shaped cushion (necessarily present fiber insertion; see Col. 5 lines 6-38 ); and
pressing the cushion into a cushion fixing part having a hollow tube-shaped structure to a predetermined position in the cushion fixing part in a state where the plurality of fiber wires is respectively inserted into the plurality of slits (34 is interpreted as being pressed into 110 since 110 may be formed first and the core including 34 is “pressed” into 110 or the core including 34 is “pressed” against 110 forming the final state shown in Fig. 1 where the plurality of 28 is respectively inserted into the plurality of 36).
Regarding claim 13, Chu discloses the method according to claim 8 as discussed above, wherein the assembled fiber wire fixation structure is installed in an optical submarine repeater (see Col. 4 lines 43-45 which discusses using Chu’s device installed in an optical submarine repeater).
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.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Oguro in US 20240353648 A1 (hereinafter "Oguro") in view of Chu et al. in US Patent 5222177 A (hereinafter "Chu").
Regarding claim 7, Oguro discloses an optical submarine repeater (see Para. 17) comprising:
a housing having a shape of a rectangular prism (see Fig. 1 where lid 14 and substrate portion 12 form a shape of a rectangular prism and are interpreted as the housing), one side of the housing serving as a lid (lid 14 is on one side of the housing formed by 14 and 12); and
two cushions (first and second cushioning materials, respectively 13A and 13B, are interpreted as the two cushions) having a main surface that is a same main surface of the lid of the housing (see Fig. 1).
Oguro fails to teach the fiber wire fixation structure according to claim 1.
However, Chu teaches the fiber wire fixation structure according to claim 1 (as rejected above with Chu).
Accordingly, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have the fiber wire fixation structure of Chu in the optical submarine repeater of Oguro for the purpose of providing a slotted core which facilitates access to optical fibers and isolates optical fiber in the grooves from laterally applied compressive forces thereby achieving additional strength and/or protection from harsh underwater environments.
The structure resulting from Oguro/Chu suggests:
wherein the fiber wire fixation structure is fixed within the housing in a state where the fiber wire fixation structure is pressed by the two cushions from two directions with respect to a direction perpendicular to the main surface of the lid (Oguro teaches pressing an optical component between 13A and 13B from two directions with respect to a direction perpendicular to the main surface of the lid 14; see Fig. 1).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DARBY M THOMASON whose telephone number is (703)756-5817. The examiner can normally be reached Mon.-Fri. 8am-5pm.
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.
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.
/DARBY M. THOMASON/Examiner, Art Unit 2874
/UYEN CHAU N LE/Supervisory Patent Examiner, Art Unit 2874
Prosecution Insights