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
Receipt is acknowledged of papers submitted by the International Bureau under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file.
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) 1-3, 11-14 and 16-21 is/are rejected under 35 U.S.C. 103 as being unpatentable over JP2003-337238 to Katsuaki et al.
In regards to claims 1-3, 11-14 and 16-21, Katsuaki recites a polarization maintaining fiber comprising: a core (1); paired stress applying parts (2) disposed on both sides of the core; and a clad (3) encompassing the core and the paired stress applying parts are each spaced from the core. Although Katsuaki does not expressly recite when the polarization maintaining fiber has a fiber length of 2m and a bend radius of 140mm, the polarization maintaining fiber has a cut-off wavelength equal to or greater than 1.41
µ
m and less than 1.55
µ
m, and when the polarization maintaining fiber has a bend radius of 5mm and twists at a rate of one rotation per 31.4mm of fiber length, the polarization maintaining fiber has a bending loss equal to or less than 7dB at a wavelength of 1.55
µ
m and the claimed properties of claims 2, 3, 11-14 and 16-21. However, similar to Applicant’s invention, Katsuaki teaches a polarization maintaining fiber formed from the same materials. For example, the core formed from germanium, each stress applying part formed from quartz and the cladding formed from pure quartz. Since both fiber are formed from substantially the same materials, the fiber of Katsuaki must also exhibit the same properties and functions as claimed. Therefore, it would have been obvious before the effective filing date to a person having ordinary skill in the art for the Katsuaki polarization maintaining fiber having has a fiber length of 2m and a bend radius of 140mm, the polarization maintaining fiber has a cut-off wavelength equal to or greater than 1.41
µ
m and less than 1.55
µ
m, and when the polarization maintaining fiber has a bend radius of 5mm and twists at a rate of one rotation per 31.4mm of fiber length, the polarization maintaining fiber has a bending loss equal to or less than 7dB at a wavelength of 1.55
µ
m and the claimed properties of claims 2, 3, 11-14 and 16-21.
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over JP2003-337238 to Katsuaki et al as applied to claim 1 above in further view of U.S. Patent Application Publication 2019/0243061 to Ahmad et al.
In regards to claim 15, although Katsuaki does not expressly disclose one of cross-sections of each of the paired stress applying parts: is orthogonal to a center axis of the polarization maintaining fiber, and has an elliptical shape having a short-axis direction in which the paired stress applying parts are arranged, the paired stress applying parts each have a noncircular rate between 4.2% and 4.5%,inclusive, and the noncircular rate being is obtained by dividing a difference between a length of a long axis of the elliptical shape and a length of a short axis of the elliptical shape by a stress applying part diameter of each of the paired stress applying parts, the use of elliptical shaped stress applying parts is a common modification of a rounded shaped stress applying part as evidenced by Ahmad’s Figures 1 and 3. Furthermore, since the modified polarization maintaining fiber are formed from substantially the same materials, the modified fiber must also exhibit the same properties and functions as claimed. Therefore, it would have been obvious before the effective filing date to a person having ordinary skill in the art one of cross-sections of each of the paired stress applying parts: is orthogonal to a center axis of the polarization maintaining fiber, and has an elliptical shape having a short-axis direction in which the paired stress applying parts are arranged, the paired stress applying parts each have a noncircular rate between 4.2% and 4.5%,inclusive, and the noncircular rate being is obtained by dividing a difference between a length of a long axis of the elliptical shape and a length of a short axis of the elliptical shape by a stress applying part diameter of each of the paired stress applying parts.
Inventorship
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.
References Cited
The references cited made of record and not relied upon is considered pertinent to applicant’s disclosure.
The documents submitted by applicant in the Information Disclosure Statement have been considered and made of record. Note attached copy of form PTO-1449.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TINA M WONG whose telephone number is (571)272-2352. The examiner can normally be reached M-F 8:30-5:30.
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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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/TINA WONG/ Primary Examiner, Art Unit 2874
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