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 .
Claim Objections
Claims 3-7, 9, 12-13, and 15-18 are objected to because of the following informalities:
Re claims 3-7 and 9, line 1: replace “A fiber” with -- the fiber --.
Re claims 12-13 and 15-18, line 1: replace “A method” with -- the method --.
Appropriate correction is required.
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) 1, 3-7, 9-10, 12-13, and 15-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al. (US 20200209479 A1 – cited by Applicant, IDS filed 02/17/2026) in view of VAN BAELEN (WO 2022008546 A1– cited by Applicant, IDS filed 02/17/2026).
Re claims 1, 10, and 17: Zhang et al. discloses a fiber optic distribution element and a method of changing the split ratio of a fiber optic thereof comprising: a first splitter module (3rd box, bottom row) including a fiber optic splitter (2) defining a 1:n (n=8) split ratio; and an upgradable splitter module (2nd box, bottom row) that includes a fiber optic splitter (2) providing a 1:n (n=8) split ratio and a fiber optic splitter (3) providing a 1:2 split ratio within a housing of the upgradable splitter module, wherein a first patch is used between an output of the 1:2 fiber optic splitter (3) within the upgradable splitter module and an input of the 1:n fiber optic splitter (2) that is within the first splitter module (3rd box, bottom row), wherein a second patch is used between a second output of the 1:2 fiber optic splitter (3) and an input of the 1:n fiber optic splitter (2) that is within the upgradable splitter module (2nd box, bottom row) and wherein the input of the 1:2 fiber optic splitter is used as a main input, and the outputs of the 1:n fiber optic splitter in the first splitter module and the 1:n fiber optic splitter in the upgradable splitter module are used as main outputs (fig. 2; [0038]).
Zhang et al. further teaches the optical connector is removable from adapter [0046] but is silent with respect to both the first splitter module and the upgradable splitter module are removably mountable within the fiber optic distribution element such that either the first splitter module or the upgradable splitter module can be removably added to the fiber optic distribution element to increase the split ratio of the 1:n fiber optic splitter that is either within the first splitter module or within the upgradable splitter module, wherein the fiber optic distribution element is configured such that the 1:n fiber optic splitter in either the first splitter module or in the upgradable splitter module can also be used as a stand-alone 1:n splitter prior to the first patch being used between the output of the 1:2 fiber optic splitter within the upgradable splitter module and the input of the 1:n fiber optic splitter that is within the first splitter module and the second patch being used between the second output of the 1:2 fiber optic splitter and the input of the 1:n fiber optic splitter that is within the upgradable splitter module; and further comprising removing the first patch between an output of the 1:2 fiber optic splitter and the input of the 1:n fiber optic splitter that is within the first module.
VAN BAELEN et al. discloses the removal of the 1:2 splitter (1084; figs. 34-35; page 21, lines 24-27).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have Zhang et al.’s splitter modules removable and being used independently/stand-alone prior to being added to the fiber optic distribution element since such modification would have been an obvious design variation, well within the ordinary skill in the art, for intended use to improve installation efficiency due to its eased implementation in assembling/disassembling. Further, it would have been obvious to utilize the external patching for splitters in Zhang et al.’s device since such modification would have been an obvious design variation, well within the ordinary skill in the art, for an operational advantage (page 21, lines 17-23).
Re claims 3 and 13, Zhang et al./ VAN BAELEN et al. discloses the fiber optic distribution element according to claim 1 and the method according to claim 10, wherein the second patch between the second output of the 1:2 fiber optic splitter module and the input of the 1:n fiber optic splitter within the upgradable splitter module is defined by a splice that is within the housing of the upgradable splitter module (fig. 2; [0048]).
Re claims 4 and 12, Zhang et al./ VAN BAELEN et al. discloses the fiber optic distribution element according to claim 1 and the method according to claim 10, but fails to teach the second patch between the second output of the 1:2 fiber optic splitter and the input of the 1:n fiber optic splitter within the upgradable splitter module is an external patch that is provided outside of housings of the first splitter module and the upgradable splitter module.
VAN BAELEN discloses the use of external patching for splitters (fig. 34).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the external patching for splitters in Zhang et al.’s device since such modification would have been an obvious design variation, well within the ordinary skill in the art, for an operational advantage (page 21, lines 17-23).
Re claims 5-7 and 15-16, Zhang et al./ VAN BAELEN et al. discloses the fiber optic distribution element according to claim 1 and the method according to claim 10, wherein the first splitter module is provided within a first tray in the fiber optic distribution element and the upgradable splitter module is provided within a second tray in the fiber optic distribution element, wherein both of the first splitter module and the upgradable splitter module are removably mounted to the first and second trays, wherein the first and second trays are pivotally movable within the fiber optic distribution element.
VAN BAELEN et al. discloses the use of pivotally movable trays for removably mounting splitter modules (1002; figs. 25-30; page 18, lines 26-28).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the pivotally movable trays in Zhang et al.’s device since such modification would have been an obvious design variation, well within the ordinary skill in the art, for an access advantage, e.g., cleaning access (page 18, lines 26-28).
Re claims 9 and 18, Zhang et al./ VAN BAELEN et al. discloses the fiber optic distribution element according to claim 1 and the method according to claim 10. Zhang et al. further discloses 1:8 and 1:16 splitters [0045], but is silent with respect to n equals 32.
VAN BAELEN et al. discloses the use of a 1:32 splitter (page 21, lines 21-27).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize a 1:32 splitter in Zhang et al.’s device since such modification would have been an obvious design variation, well within the ordinary skill in the art, for an operational advantage (page 21, lines 21-27).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Erreygers et al. (US 20230071759 A1) discloses a 1:2 splitter and 1:8 splitters.
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.
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/UYEN CHAU N LE/ Supervisory Patent Examiner, Art Unit 2874
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