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
The prior art documents submitted by applicant in the Information Disclosure Statements filed on December 13, 2024; March 11, 2025; September 18, 2025; May 26, 2026; and August 7, 2026 have all been considered and made of record (note the attached copies of form PTO-1449).
Drawings
Six (6) sheets of formal drawings were filed on October 29, 2024 and have been accepted by the examiner.
Specification
Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
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.
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, 2, and 8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Marvin et al. (US 2022/0113486 A1), hereafter Marvin.
Regarding claims 1, 2, and 8; Marvin discloses an optical fiber subunit (see Figures 2 and 5; each subunit includes a buffer tube jacket 113 surrounding the sub-unit), comprising:
a buffer tube (buffer tube 112) comprising an interior surface and an exterior surface, the interior surface defining a channel;
a first lumen (114) disposed within the channel, the first lumen comprising a first membrane (122) having a thickness of 0.15 mm or less (see paragraphs 30 and 47; a thickness of 122 may be 0.01 mm to 0.2 mm, thus encompassing values of 0.15 mm or less) and surrounding a first plurality of optical fibers (127-132);
a second plurality of optical fibers (127-132) disposed within the channel and outside the first lumen (see annotated Figure 5 below);
wherein the second plurality of optical fibers (see annotated Figure 5 below) is surrounded by a second membrane having a thickness of 0.15 mm or less (see paragraphs 30 and 47) to form a second lumen;
wherein the first membrane (122) comprises a thickness in a range of 0.01 mm to 0.1 mm (see paragraphs 30 and 47; a thickness of 122 may be 0.01 mm to 0.2 mm, thus encompassing values of 0.1 mm to 0.1 mm).
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Claims 1-3, 6, and 7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Keller et al. (US 2013/0129290 A1), hereafter Keller.
Regarding claims 1-3, 6, and 7; Keller discloses an optical fiber subunit (10; see Figures 3 and 25; the examiner notes that like elements in Figure 25 are referred to by reference number in Figure 3), comprising:
a buffer tube (12) comprising an interior surface and an exterior surface, the interior surface defining a channel;
a first lumen (Figures 3 and 25 each illustrates a plurality of lumens) disposed within the channel, the first lumen comprising a first membrane (16) having a thickness of 0.15 mm or less (0.15 mm; see paragraphs 63 and 64) and surrounding a first plurality of optical fibers (14);
a second plurality of optical fibers (14) disposed within the channel and outside the first lumen (see Figures 3 and 25);
wherein the second plurality of optical fibers (14) is surrounded by a second membrane having a thickness of 0.15 mm or less (16) to form a second lumen;
wherein the first lumen is distinguished from the second lumen by at least one of color, markings, or level of transparency (see paragraph 9);
wherein the second plurality of optical fibers (14) are loose within the channel of the buffer tube (the fibers are loose within the membrane 16 within the channel of the buffer tube 12);
wherein the first membrane defines a cross-sectional area and wherein the first plurality of optical fibers occupies at least 50% of the cross-sectional area (see claims 9 and 10 of Keller);
Claims 1-6 and 8-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by McAlpine et al. (US 2018/0203198 A1), hereafter McAlpine.
Regarding claims 1-6 and 8-9; McAlpine discloses an optical fiber subunit (110; 910; see Figures 1 and 16), comprising:
a buffer tube (134; 924) comprising an interior surface and an exterior surface, the interior surface defining a channel;
a first lumen disposed within the channel, the first lumen comprising a first membrane (binder film 126, 918) having a thickness of 0.15 mm or less (see paragraph 37 regarding binder film thickness; 0.05 mm to 0.15 mm) and surrounding a first plurality of optical fibers (118; illustrated but not labelled in Figure 16);
a second plurality of optical fibers (118) disposed within the channel and outside the first lumen (see Figures 1 and 16);
wherein the second plurality of optical fibers (118) is surrounded by a second membrane (126, 918) having a thickness of 0.15 mm or less (see paragraph 37) to form a second lumen;
wherein the first lumen is distinguished from the second lumen by at least one of color, markings, or level of transparency (see paragraphs 53, 54, 73);
wherein the first lumen is transparent or translucent (see paragraphs 53, 54) and the first membrane (binder film 126, 918) surrounds a colored water-swellable yarn or a colored superabsorbent polymer (water-absorbing power particles that inherently have a color; see paragraphs 8 and 103);
wherein the first membrane of the first lumen is marked with at least one of a stripe, a ring marking, a barcode, text, or symbols that distinguish the first lumen from the second lumen (indicia; see paragraph 54);
wherein the second plurality of optical fibers (118) are loose within the channel of the buffer tube (the fibers are loose within the lumens within the channel of the buffer tube);
wherein the first membrane (binder film 126, 918) comprises a thickness in a range of 0.01 mm to 0.1 mm (see paragraph 37);
wherein the first membrane comprises an open cell foam material (see paragraph 58; binder film 126 includes pin holes and other openings and are extruded in a criss-crossing net mech pattern of film strips, thereby forming an open cell foam material).
Claims 1-2, 6-7, 11-13, 15-17, 19, and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hurley et al. (US 2012/0243841 A1), hereafter Hurley.
Regarding claims 1-2 and 6-7; Hurley discloses an optical fiber subunit (20; see Figures 1 and 2), comprising:
a buffer tube (70) comprising an interior surface and an exterior surface, the interior surface defining a channel (106);
a first lumen (100) disposed within the channel, the first lumen comprising a first membrane (114) having a thickness of 0.15 mm or less (0.12 mm; see paragraph 18) and surrounding a first plurality of optical fibers (60);
a second plurality of optical fibers (60) disposed within the channel (106) and outside the first lumen (fibers within a second lumen are outside of the first lumen);
wherein the second plurality of optical fibers (60) is surrounded by a second membrane (114) having a thickness of 0.15 mm or less to form a second lumen;
wherein the second plurality of optical fibers (60) are loose within the channel (106) of the buffer tube (70; the fibers are loose within the membrane 114 within the channel 106);
wherein the first membrane defines a cross-sectional area and wherein the first plurality of optical fibers occupies at least 50% of the cross-sectional area (see Figure 2).
Regarding claims 11-13 and 15; Hurley discloses an optical fiber cable (cable 10; see Figure 1), comprising:
a cable jacket (jacket 50) comprising an inner surface and an outer surface, the inner surface defining a central bore (interior 30) along a longitudinal axis of the optical fiber cable (10) and the outer surface defining an outermost surface of the optical fiber cable (10; see Figure 1);
a first lumen (subunits 100) disposed within the central bore (30), the first lumen (100) comprising a first membrane (114; see Figures 1 and 2) having a thickness of 0.15 mm or less (see paragraph 0.12 mm; see paragraph 18) and surrounding a first plurality of optical fibers (optical fibers 60);
a second plurality of optical fibers (60) disposed within the central bore (30) and outside the first lumen (within a second lumen 10);
further comprising a first subunit (subunit cables 20) comprising a first buffer tube (70), wherein the first lumen (100) and the second plurality of optical fibers (60) are disposed within the first buffer tube (20; see Figures 1 and 2);
wherein the second plurality of optical fibers (60) are surrounded by a second membrane (114) having a thickness of 0.15 mm or less (see paragraph 18) to form a second lumen (100) and wherein the second lumen (100) is disposed within the first buffer tube (70; see Figure 2);
further comprising a central strength member (strength element 56) and a plurality of subunits (20) disposed within the central bore (30; see Figure 1), the plurality of subunits (20) being stranded around the central strength member (56), and wherein the first lumen (100) and the second plurality of optical fibers (60) are disposed within a subunit (20) of the plurality of subunits (20).
Regarding claims 16, 17, 19, and 20; Hurley discloses a method of manufacturing an optical fiber cable (10; see Figures 1 and 2), comprising:
extruding (extruding; see paragraph 26) a first membrane (114) around a first plurality of optical fibers (60) to form a first lumen (100), wherein the first membrane (114) has a thickness of 0.15 mm or less (see paragraph 18; 0.12 mm);
extruding a jacket (70; see paragraph 26 and Figures 1 and 2) around the first lumen (100) and around a second plurality of optical fibers (60) such that the second plurality of optical fibers (60) is outside of the first lumen (100; fibers 60 within second lumen 100 are outside of fiber lumen);
further comprising extruding a second membrane (114) around the second plurality of optical fibers (60), the second membrane (114) having a thickness of 0.15 mm or less (see paragraph 18), wherein extruding the second membrane is performed before (this is inherent) extruding the jacket (70);
wherein the jacket (50 and/or 70) is a buffer tube (see Figures 1 and 2);
wherein the jacket (50) is a cable jacket comprising an inner surface and an outer surface, the outer surface being an outermost surface of the optical fiber cable.
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.
Claims 3, 5, 10, 14, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Hurley et al. (US 2012/0243841 A1), hereafter Hurley.
Regarding claims 3, 5, and 14; Hurly discloses the optical fiber subunit of claim 2 and the optical fiber cable of claim 13 as applied above, but fails to disclose that the first lumen is distinguished from the second lumen by at least one of color, markings, or level of transparency, and wherein the first membrane of the first lumen is marked with at least one of a stripe, a ring marking, a barcode, text, or symbols that distinguish the first lumen from the second lumen. The examiner takes Official notice that it’s known in the art to provide transparent coatings of color and markings including stripes, rings, barcodes, text, and/or symbols to allow for easy identification of bundles of fibers (i.e. lumens) and individual fibers therein. The examiner also notes that teaching that a color and/or indicia are not necessary is not the same as teaching away. Before the effective filing date of the present invention, a person of ordinary skill in the art would have found it obvious to provide transparent lumens of different selected colors and any desired indicia, including stripes, rings, barcodes, texts, and/or symbols to designate particular lumens, fibers, locations, lengths, sizes, etc. for easy of identification to save time during use and/or installation, since the use of any of these features would not provide novel or unexpected results and is standard practice known to a person of ordinary skill within the optical fiber cable art. KSR International Co. v. Teleflex Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007).
Regarding claim 10; The examiner takes Official notice that water-swellable yarns are known to be disposed within cable and subunit channels for the purpose of preventing water ingression and preventing damage to the optical fibers therein. Before the effective filing date of the present invention, a person of ordinary skill in the art would have found it obvious to further provide the subunit of Hurley with at least one of a water-swellable yarn disposed within the channel or a water-swellable polymer coating on the interior surface of the buffer tube and wherein the first lumen does not include a water-swellable component for the purpose of preventing water ingression into the channel in a known manner that is routinely employed in the optical cable arts and would produce no novel or unexpected results. KSR International Co. v. Teleflex Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007).
Regarding claim 18; Hurley discloses the optical fiber cable of claim 17 as applied above, wherein extruding the second membrane (114) is performed simultaneously (extruding the buffer tubes 114; see paragraph 26) with extruding the first membrane (114), but fails to disclose that the first membrane and the second membrane are extruded through a same extrusion die. Before the effective filing date of the present invention, a person of ordinary skill in the art would have found it obvious to use the same extrusion die to extrude the first and second membranes (114) around the optical fibers simultaneously for the purpose of streamlining the process in a time efficient manner with reduced formation space required, since no novel or unexpected results would appear to occur and there are a limited number of choices, i.e. either the same or different extrusion dies must be used, and it’s within the level of ordinary skill in the art to choose from the limited number of options with reasonable expectations for success regardless of the choice. KSR International Co. v. Teleflex Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: The following references each disclose optical fiber cables and should be considered in entirety:
Puzan et al. (US 7,936,957 B1);
Choi et al. (US 2012/0281953 A1);
Ryne et al. (US 2014/0093216 A1); and
Nothofer (US 6,424,770 B1).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHELLE R CONNELLY whose telephone number is (571)272-2345. The examiner can normally be reached Monday-Friday, 9 AM to 5 PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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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/MICHELLE R CONNELLY/Primary Examiner, Art Unit 2874
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