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 .
Election/Restrictions
Applicant’s election without traverse of Group I, claims 1-8, in the reply filed on 05-01-2026 is acknowledged.
Claims 9-10 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 05-01-2026.
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 3-4 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.
Claim 3 recites “the preliminary chamber” in lines 2-3. Claim 1 previously recites “at least one preliminary chamber” in line 5. It is unclear if claim 3 is limiting the scope to a single preliminary chamber, or referencing a specific preliminary chamber. Examiner recommends claim 3 recite --the at least one preliminary chamber--.
Claim 5 recites “the preliminary chamber” in line 2. Claim 1 previously recites “at least one preliminary chamber” in line 5. It is unclear if claim 5 is limiting the scope to a single preliminary chamber, or referencing a specific preliminary chamber. Examiner recommends claim 5 recite --the at least one preliminary chamber--.
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) 1-3 and 5-8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lu ‘773 (US 2003/0101773 A1).
Regarding claim 1, Lu ‘733 teaches:
a drawing furnace configured to heat and fuse an optical fiber preform and draw the optical fiber preform to obtain a glass fiber (“The fiber is drawn from a preform softened in a furnace, not shown in this illustration, positioned above the cap assembly 1”, ¶ [0020])
a cooling device configured to cool the glass fiber (heat exchanger 2 having fiber cooling chamber 13, cooling glass fiber 3; ¶ [0001], [0020])
at least one preliminary chamber provided at an upper end of the cooling device (cap assembly 1 with chambers 40/41, Fig. 3; cap assembly 44 with chambers 62-67, Fig. 4; ¶ [0032], [0035])
a hydrogen gas supply device configured to supply hydrogen gas into the cooling device (coolant gas supply line 15, flow controller 38, line 16, Fig. 2; ¶ [0020]; “Suitable coolant gases include…hydrogen”, ¶ [0025])
an inert gas supply device configured to supply inert gas into the at least one preliminary chamber (“port means 35 in Fig. 3 could service as the supply port means for the sealing gas”, ¶ [0032]; ¶ [0035]-[0036]; “a sealing gas such as…helium…argon”, ¶ [0009]).
Regarding claim 2, Lu ‘773 further teaches the at least one preliminary chamber comprises a plurality of the preliminary chambers stacked on the upper end of the cooling device (cap assembly 44 with chambers 62-67, Fig. 4), and the inert gas supply is configured to supply the inert gas to each of the plurality of chambers (¶ [0035]-[0036]).
Regarding claim 3, Lu ‘773 further teaches an oximeter configured to measure an oxygen concentration in the preliminary chamber (¶ [0023]).
Regarding claim 5, Lu ‘773 further teaches the preliminary chamber is configured to cover the cooling device entirely (Figs. 1-4, cap assembly 1/44 covers heat exchanger 2 entirely, in plan view).
Regarding claim 6, Lu ‘773 teaches:
a drawing furnace configured to heat and fuse an optical fiber preform and draw the optical fiber preform to obtain a glass fiber (“The fiber is drawn from a preform softened in a furnace, not shown in this illustration, positioned above the cap assembly 1”, ¶ [0020])
a cooling device configured to cool the glass fiber (heat exchanger 2 having fiber cooling chamber 13, and cap assembly 1’, cooling glass fiber 3; ¶ [0001], [0020])
a hydrogen gas supply device configured to supply hydrogen gas into the cooling device (coolant gas supply line 15, flow controller 38, line 16, Fig. 2; ¶ [0020]; “Suitable coolant gases include…hydrogen”, ¶ [0025])
a hydrogen gas recovery device configured to recover the hydrogen gas supplied into the cooling device (¶ [0021], [0024])
a hydrogen gas recovery port for recovering the hydrogen gas in the cooling device is provided in a lower portion of the cooling device (port at coolant gas withdrawal line 18, Fig. 2; ¶ [0021]).
Regarding claim 7, Lu ‘773 further teaches a preliminary chamber provided at an upper end of the cooling device (cap assembly 1 with chamber 41, Fig. 3; ¶ [0032]) and an inert gas supply device configured to supply inert gas into the preliminary chamber (“port means 35 in Fig. 3 could service as the supply port means for the sealing gas”, ¶ [0032]; “a sealing gas such as…helium…argon”, ¶ [0009])
Regarding claim 8, Lu ‘773 further teaches the preliminary chamber is configured to cover the cooling device entirely (Figs. 1-3, cap assembly 1 covers heat exchanger 2 entirely, in plan view).
Claim Rejections - 35 USC § 103
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) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lu ‘773 (US 2003/0101773 A1) in view of Giacobbe ‘513 (US 2004/0194513 A1).
Regarding claim 4, Lu ‘773 further teaches the hydrogen gas supply device is configured to control the supply of the hydrogen gas to the cooling device (¶ [0020], [0023]). Lu ‘773 does not explicitly state that the hydrogen gas supply device is configured to stop a supply of the hydrogen gas to the cooling device. In analogous art of cooling optical fibers, Giacobbe ‘513 suggests a hydrogen gas supply device that is configured to stop a supply of hydrogen gas to a cooling device for the benefit of controlling an amount of hydrogen gas supplied to the cooling device down to zero (¶ [0029], [0042]). 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 apparatus of Lu ‘773 by making the hydrogen gas supply configured to stop a supply of hydrogen gas to the cooling device for the benefit of controlling the amount of hydrogen gas supplied to the cooling device down to zero, as suggested by Giacobbe ‘513. In such a combination, the hydrogen gas supply device would be configured to stop a supply of the hydrogen gas to the cooling device in response a value of the oxygen concentration measured by the oximeter exceeding a predetermined value, such as by an operator controlling the hydrogen gas supply device.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 6,125,638 - multiple heat exchanger chambers in series and oximeter
US 5,974,837 - cooling device with a preliminary chamber at an upper end
US 5,897,682 - cooling chamber with cooling jacket, flow controllers, and oximeter
US 2015/0315062 A1 - multiple cooling chamber in series
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Erin Snelting whose telephone number is (571)272-7169. The examiner can normally be reached Monday to Friday, 8:00 to 5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alison Hindenlang can be reached at (571) 270-7001. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ERIN SNELTING/Primary Examiner, Art Unit 1741
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