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 Rejections - 35 USC § 102
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 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.
Claims 1, 3, 4, 5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by JP 2017-014078 (Fujikura).
JP 2017-014078 (Fujikura) teaches a multi-core optical fiber / preform (1 / 1P) with a plurality of cores (10 / 10P) surrounded by a cladding (20 / 20P) (¶23). The fiber / preform is manufactured by forming through holes (20H) with a large diameter end (22) and a smaller diameter end (21) (see Figures 1-6 and ¶23-44).
Fujikura anticipates claims 1, 3, 4, and 5.
Claims 6, 8, 9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2020/0369555 (Amma).
US 2020/0369555 (Amma) teaches an optical fiber preform with clad rod (11) having holes (12) with a glass rod (14) inserted therein. The holes have a change in diameter from one end to the other and are sealed on both ends (see Fig 7). The worded welded is a process limitation which does not structurally define the claim over Amma. Amma anticipates claims 6, 8, and 9.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
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.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over US 2020/0369555 (Amma) in view of JP 2017-014078 (Fujikura).
As to claim 7, Amma teaches the preform of claim 6 as discussed above. Amma teaches the rods can be inserted in either the 12b or 12a side of the body (¶137). Amma however fails to teach the diameter as increasing in a stepwise manner.
Fujikura teaches a multi-core optical fiber / preform (1 / 1P) with a plurality of cores (10 / 10P) surrounded by a cladding (20 / 20P) (¶23). The fiber / preform is manufactured by forming through holes (20H) with a large diameter end (22) and a smaller diameter end (21) (see Figures 1-6 and ¶23-44). Fujikura teaches the smaller diameter end allows for one to maintain the position of the rod (¶¶7,9,32).
It would have been obvious to a person having ordinary skill in the art prior to the effective filings date of the claimed invention to have formed the side of Amma furthest from the insertion point with a smaller diameter end in a stepwise manner as taught in Fujikura to prevent movement of the rod.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FRANK J VINEIS whose telephone number is (571)270-1547. The examiner can normally be reached Monday - Thursday: 8:00 a.m. - 4:00 p.m.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Srilakshmi Kumar can be reached at (571) 272-7769. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/FRANK J VINEIS/Supervisory Patent Examiner, Art Unit 1781
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