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 .
Information Disclosure Statement
Information disclosure statements filed 2/03/2025 and 10/10/2024 have been considered.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-32 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-29 of U.S. Patent No. 12,092,878 B2 (hereinafter “the ‘878 patent”). Although the claims at issue are not identical, they are not patentably distinct from each other because the claimed limitations of the present application are obvious variations of the patented claim limitations of the ‘878 patent.
Specifically, regarding claim 1 the ‘878 patent claims a fiber optic connector (col. 31, ll. 2), comprising: a housing comprising a rear end and a front end with a longitudinal passageway extending from the rear end to the front end (col. 31, ll. 3-5), the housing comprising a front portion, a rear portion and transition region disposed between the front portion and the rear portion of the housing (col. 31, ll. 5-7), wherein the rear portion of the housing comprises a female key configured for rotational orientation of the fiber optic connector for optical mating (col. 31, ll. 8-12), and at least one locking feature integrally formed in the rear portion of the housing and configured for securing the optical mating of the fiber optic connector (col. 31, ll. 12-14) with a predetermined retention force of 50 pounds or more (col. 31, ll. 44-46), and the at least one locking feature is disposed about 180 degrees from the female key (col. 31, ll. 15-16); and a ferrule comprising at least one fiber bore (col. 31, ll. 17).
Regarding claim 2, the ‘878 patent claims a ferrule holder, and wherein the ferrule is disposed within a portion of the ferrule holder to form a ferrule subassembly (col. 31, ll. 18-20).
Regarding claim 3, the ‘878 patent claims wherein an opening at the front end of the housing is sized for receiving a portion of the ferrule subassembly (col. 31, ll. 21-23).
Regarding claim 4, the’878 patent claims wherein the ferrule subassembly is configured to cooperate with the housing for inhibiting the rotation of the ferrule subassembly with respect to the housing (col. 31, ll. 24-27).
Regarding claim 5, the ‘878 patent claims wherein the longitudinal passageway comprises an angular stop geometry for inhibiting the rotation of the ferrule holder with respect to the housing (col. 31, ll. 28-31).
Regarding claim 6, the ‘878 patent claims wherein the housing further comprises one or more latch arms for securing the ferrule holder (col. 31, ll. 32-34).
Regarding claim 7, the ‘878 patent claims a resilient member for biasing the ferrule holder to a forward position (col. 31, ll. 35-37).
Regarding claim 8, the ‘878 patent claims wherein the at least one locking feature is a notch comprising a retention surface formed in the housing (col. 31, ll. 38-40).
Regarding claim 9, the ‘878 patent claims wherein the at least one locking feature is a notch, a groove, a shoulder or a scallop formed in the housing (col. 31, ll. 41-43).
Regarding claim 10, the ‘878 patent claims wherein a part of the rear portion of the housing comprises a round cross-section and a part of the front portion of the housing comprises a non-round cross-section (col. 31, ll. 47-50).
Regarding claim 11, the ‘878 patent claims wherein a part of the rear portion of the housing comprises a round cross-section and a part of the front portion of the housing comprises a non-round cross-section, and wherein the threaded portion extends from the non-round cross-section to the round cross-section (col. 31, ll. 51-56).
Regarding claim 12, the ‘878 patent claims wherein the ferrule comprises a multifiber ferrule (col. 31, ll. 57-58).
Regarding claim 13, the ‘878 patent claims wherein the front portion of housing comprises another cross-section portion (col. 31, ll. 59-60).
Regarding claim 14, the ‘878 patent claims wherein the another cross-section portion comprises a SC footprint or a SC compatible footprint (col. 31, ll. 61-63).
Regarding claim 15, the ‘878 patent claims a boot overmolded on a cable adapter (col. 31, ll. 61-65).
Regarding claim 16, the ‘878 patent claims a sealing element disposed about a portion of the boot and a part of the rear portion (col. 32, ll. 1-3).
Regarding claim 17, the ‘878 patent claims an O-ring (col. 32, ll. 4-5).
Regarding claim 18, the ‘878 patent claims wherein the O-ring is disposed rearward of the at least one locking feature (col. 32, ll. 6-8).
Regarding claim 19, the ‘878 patent claims the fiber optic connector of claim 1 being a portion of a cable assembly (col. 32, ll. 9-10).
Regarding claim 20, the ‘878 patent claims a fiber optic connector (col. 32, ll. 11), comprising: a housing comprising a rear end and a front end with a longitudinal passageway extending from the rear end to the front end, the housing comprising a front portion (col. 32, ll. 12-14), a rear portion and transition region disposed between the front portion and the rear portion of the housing, and a part of the rear portion of the housing comprises a round cross-section and a part of the front portion of the housing comprises a non-round cross-section (col. 23, ll. 15-19) wherein the rear portion of the housing comprises a female key configured for rotational orientation of the fiber optic connector for optical mating (col. 32, ll. 20-22), and at least one locking feature integrally formed in the rear portion of the housing for securing the optical mating of the fiber optic connector (col. 32, ll. 24-26); a ferrule comprising at least one fiber bore (col. 32, ll. 29); and an O-ring configured for being disposed on the housing rearward of the at least one locking feature (col. 32, ll. 30-34).
Regarding claim 21, the ‘878 patent claims wherein the at least one locking feature is configured for securing the optical mating of the fiber optic connector with a predetermined retention force of 50 pounds or more (col 31, ll. 44-46).
Regarding claim 22, the ‘878 patent claims wherein the at least one locking feature disposed about 180 degrees from the female key (col. 32, ll. 26-28).
Regarding claim 23, the ‘878 patent claims wherein the at least one locking feature is a notch, a groove, a shoulder or a scallop formed in the housing (col. 31, ll. 41-43).
Regarding claim 24, the ‘878 patent claims wherein the ferrule is a multifiber ferrule (col. 31, ll. 57-58).
Regarding claim 25, the ‘878 patent claims the fiber optic connector of claim 20 being a portion of a cable assembly (col. 32, ll. 35-36).
Regarding claim 26, the ‘878 patent claims a fiber optic connector (col. 32, ll. 37), comprising: a housing comprising a rear end and a front end with a longitudinal passageway extending from the rear end to the front end, and the rear end comprising a rear opening, wherein the rear portion of the housing comprises a keying portion configured for rotational orientation of the fiber optic connector for optical mating, and at least one locking feature integrally formed in the rear portion of the housing for securing the optical mating of the fiber optic connector (col. 32, ll. 38-47), wherein the at least one locking feature is configured for securing the optical mating of the fiber optic connector with a predetermined retention force of 50 pounds or more (col. 31, ll. 44-46); a ferrule comprising at least one fiber bore; a cable adapter sized for fitting into the rear opening of the housing; a boot attached to the cable adapter; and a sealing element configured for being disposed about a portion of the boot and a part of a rear portion of the housing (col. 32, ll. 48-53).
Regarding claim 27, the ‘878 patent claims wherein the at least one locking feature is disposed about 180 degrees from the female key (col. 32, ll. 54-56).
Regarding claim 28, the ‘878 patent claims wherein the at least one locking feature is disposed less than 180 degrees from the female key (col. 32, ll. 57-59).
Regarding claim 29, the ‘878 patent claims a transition region disposed between the front portion and the rear portion of the housing (col. 32, ll. 60-63).
Regarding claim 30, the ‘878 patent claims wherein the female key extends into the transition region (col. 32, ll. 64-65).
Regarding claim 31, the ‘878 patent claims 31wherein the ferrule comprises a multifiber ferrule (col. 31, ll. 57-58).
Regarding claim 32, the ‘878 patent claims the fiber optic connector of claim 26 being a portion of a cable assembly (col. 32, ll. 35-36).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SUNG H PAK whose telephone number is (571)272-2353. The examiner can normally be reached M-F: 7AM- 5PM.
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/SUNG H PAK/Primary Examiner, Art Unit 2874
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