CTNF 18/769,234 CTNF 77881 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. 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 AIA Claim(s) 1, 2, 8-10, and 16-17 is/are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Bocanegra et al. (US 6459836 B1) . Re claims 1 and 17, Bocanegra et al. discloses a communication cable (10) and a method of making thereof comprising: a cable core (24) including one or more buffer tubes, each containing one or more optical fibers (col. 5, lines 23-27); an armoring layer (12) surrounding said cable core, wherein said armoring layer is formed as an elongated strip of a metal or alloy material (col. 5, lines 6-10) having a first side and an opposite, second side, and a width defined between a first side edge and a second side edge, wherein said width is sufficient to wrap around a cable core (fig. 2) and contact said first side edge to said second side edge to form an approximate abutment when said armoring layer surrounds said cable core (fig. 4A; col. 5, lines 35-50), wherein said armoring layer is corrugated to have annular ridges and valleys extending between said first and second side edges (fig. 2; col. 4, lines 20-23); at least one weld formed between said first side edge and said second side edge of said armoring layer at said abutment (col. 5, lines 42-46); and a jacket (26) over the corrugated armoring layer (12). Re claim 9, Bocanegra et al. discloses a communication cable (10) comprising: a cable core (24) including one or more buffer tubes, each containing one or more optical fibers (col. 5, lines 23-27); an armoring layer (12) surrounding said cable core, wherein said armoring layer is formed as an elongated strip of a metal or alloy material (col. 5, lines 6-10) having a first side and an opposite, second side, and a width defined between a first side edge and a second side edge, wherein said width is sufficient to wrap around a cable core (fig. 2) and overlap back onto itself when said armoring layer surrounds said cable core so as to form an overlapped portion (fig. 4; col. 5, lines 35-50), wherein said armoring layer is corrugated to have annular ridges and valleys extending between said first and second side edges (fig. 2; col. 4, lines 20-23); and at least one weld formed between said first side edge and said second side of said armoring layer proximate said second side edge (col. 5, lines 42-46). Re claims 2 and 10, Bocanegra et al. discloses communication cable according to claims 1 and 9, wherein said at least one weld is a continuous weld formed along said abutment of said first side edge to said second side edge of said armoring layer (fig. 2; col. 5, lines 42-46). Re claims 8 and 16, Bocanegra et al. discloses the communication cable according to claims 1 and 9. Blazer further discloses said metal or alloy material is steel [0029], aluminum or copper . 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 (s) 3 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bocanegra et al. (US 6459836 B1) in view of Bahder et al. (US 3943271 A – cited by Applicant) . Re claims 3 and 11, Bocanegra et al. discloses the communication cable according to claims 1 and 9, but fails to teach a tape adhered to said second side of said armoring layer proximate said first side edge, across said first side edge or said abutment of said first side edge to said second side edge, and adhered to said second side of said armoring layer proximate said second side edge. Bahder et al. discloses a bridging tape (36) adhered to said second side of said armoring layer (30) proximate said first side edge, across said first side edge said first side edge in approximate abutment with said second side edge, and adhered to said second side of said armoring layer proximate said second side edge (fig. 1; col. 4, lines 8-16). It would have been an obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add a tape to Bocanegra et al.’s armor layer covering the seam where the two edges abut/overlap as taught by Bahder et al. to prevent the outer edge of the overlapped seam from indenting into the overlying protective jacket (col. 4, lines 8-16); thereby providing a better protection for the cable . 07-21-aia AIA Claim (s) 1, 4-6, 9, 12-14, and 17-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Blazer et al. (US 9594226 B2 – herein after Blazer) in view of Towery (WO 2022177866 A1 – cited by Applicant) . Re claims 1 and 17-18, Blazer discloses a communication cable (10) comprising: a cable core (26) including one or more buffer tubes (20), each containing one or more optical fibers (18); an armoring layer (220) surrounding said cable core, wherein said armoring layer is formed as an elongated strip of a metal or alloy material (col. 3, lines 32-33) having a first side and an opposite, second side, and a width defined between a first side edge (226) and a second side edge (230), wherein said width is sufficient to wrap around a cable core and contact said first side edge to said second side edge to form an approximate abutment when said armoring layer surrounds said cable core (fig. 15), wherein said armoring layer is corrugated (col. 3, lines 32-33) to have annular ridges and valleys extending between said first and second side edges (fig. 15); and a jacket (12) extruded over the corrugated armoring layer (col. 7, lines 54-55). Blazer ‘226 fails to teach at least one weld formed between said first side edge and said second side edge of said armoring layer at said abutment. Towery discloses weld (46) formed between the edges of the two portions (42 and 44) of armor layer (40; figs. 3 and 4; [0028]). It would have been an obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to connect the two edges of Blazer’s armor layer by weld as taught by Towery to improve coupling strength and resiliency [0021]. Re claim 9, Blazer discloses a communication cable (210) comprising: a cable core (26) including one or more buffer tubes (20), each containing one or more optical fibers (18); an armoring layer 212) surrounding said cable core, wherein said armoring layer is formed as an elongated strip of a metal or alloy material (col. 6, lines 6-9) having a first side and an opposite, second side, and a width defined between a first side edge and a second side edge, wherein said width is sufficient to wrap around a cable core and overlap back onto itself when said armoring layer surrounds said cable core so as to form an overlapped portion (figs. 11, 12, and 14), wherein said armoring layer is corrugated (col. 3, lines 32-33) to have annular ridges and valleys extending between said first and second side edges. Blazer fails to teach at least one weld formed between said first side edge and said second side edge of said armoring layer at said abutment. Towery discloses weld (46) formed between the edges of the two portions (42 and 44) of armor layer (40; figs. 3 and 4; [0028]). It would have been an obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to connect the two edges of Blazer’s armor layer by weld as taught by Towery to improve coupling strength and resiliency [0021]. Re claims 4 and 12, Blazer/Towery discloses communication cable according to claims 1 and 9, but does not teach at least one weld is a series of welds which occur only at ridges of corrugation of said first side edge which are in approximate abutment with ridges of corrugation of said second side edge of said armoring layer. Towery discloses weld (46) formed at a plurality of welding/coupling locations (e.g., recess 56) between the edges of the two portions (42 and 44) of armor layer (40; figs. 3 and 4; [0028]-[0035]). It would have been an obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to connect the two edges of Blazer’s armor layer by weld as taught by Towery to improve flexibility and reduce stress-induced cracking and breaking ([0021] and [0032]). Re claims 5-6, 13-14, and 19, Blazer/Towery discloses the communication cable according to claims 4, 12, and the method thereof according to claim 18, and further discloses intermittent coupling [0032] but fails to teach said series of welds occur at all ridges or alternating ridges of corrugation. It would have been an obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to form the weld at all ridges or alternating ridges of corrugation since such modification would have been an obvious design variation, well within the ordinary skill in the art, since it has been held that the selection of a known material based on its suitability for its intended use, i.e., the desired level of flexibility. In re Leshin, 125 USPQ 146. Blazer et al. (US 9594226 B2 – herein after Blazer ‘226) in view of Towery (WO 2022177866 A1) as applied to claims 1, 9, and 17 above, and further in view of Bahder et al. (US 3943271 A – cited by Applicant). Re claims 7, 15 and 20, Blazer/Towery the communication cable according to claims 4, 12 and the method thereof according to claim 19. Blazer further discloses a tape (binder film 28 serves as a tape) adhered to said second side of said armoring layer proximate said first side edge (226; col. 7, lines 65-67), across said first side edge in approximate abutment with said second side edge (230), and adhered to said second side of said armoring layer proximate said second side edge (fig. 15; col. 13, lines 13-27). Bahder et al. discloses a bridging tape (36) adhered to said second side of said armoring layer (30) proximate said first side edge, across said first side edge said first side edge in approximate abutment with said second side edge, and adhered to said second side of said armoring layer proximate said second side edge (fig. 1; col. 4, lines 8-16). It would have been an obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add a tape to Blazer/Towery’s armor layer covering the seam where the two edges abut/overlap as taught by Bahder et al. to prevent the outer edge of the overlapped seam from indenting into the overlying protective jacket (col. 4, lines 8-16); thereby providing a better protection for the cable . Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Blazer et al. (US 20090317039 A1) discloses the ends of armor layer are overlapped or abutted and can be fixed together by welding. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Uyen-Chau N. Le whose telephone number is (571)272-2397. The examiner can normally be reached Monday-Friday, 9:00am-5:30pm. 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, Kiesha R. Bryant can be reached at (571) 272-3606. 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. /UYEN CHAU N LE/Supervisory Patent Examiner, Art Unit 2874 Application/Control Number: 18/769,234 Page 2 Art Unit: 2874 Application/Control Number: 18/769,234 Page 3 Art Unit: 2874 Application/Control Number: 18/769,234 Page 4 Art Unit: 2874 Application/Control Number: 18/769,234 Page 5 Art Unit: 2874 Application/Control Number: 18/769,234 Page 6 Art Unit: 2874 Application/Control Number: 18/769,234 Page 7 Art Unit: 2874 Application/Control Number: 18/769,234 Page 8 Art Unit: 2874 Application/Control Number: 18/769,234 Page 9 Art Unit: 2874
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