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 .
Election/Restrictions
Applicant’s election without traverse of Species A in the reply filed on 4/10/26 is acknowledged.
Claims 18, 20, 29, 37, 39 and 45 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim.
Response to Arguments
Applicant's arguments filed 7/22/26 have been fully considered but they are not persuasive.
Regarding the argument that Panuska does not disclose the plurality of tensile strength members embedded in the sheath because the strength members of Panuska are in engagement with the tape: Panuska does teach the strength members being in contact with the tape, except for the embodiment of Fig. 8 in which the members are fully embedded in the sheath. Panuska also teaches the strength members “are enclosed substantially by the jacket 46” (C6 L35-39). The broadest reasonable interpretation of embedded in the sheath would encompass strength members substantially enclosed by the jacket (at least partially embedded) so the rejection has been maintained. The rejection has been further updated to discuss the embodiment of Fig. 8 of Panuska and how those teaching, in combination with the other embodiments, to obviate the embedded limitation if the limitation is interpreted as being only fully embedded instead of partially embedded being included in the scope as currently interpreted.
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.
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.
Claims 16, 17, 19, 23 and 32-34 are rejected under 35 U.S.C. 103 as being unpatentable over Panuska et al (US 5,109,457) and Sato et al (US 2015/0192748 A1).
Panuska teaches:
16. An optical fiber cable (20, Figs. 1-4) comprising:
a sheath (46);
a plurality of tensile strength members (62, 64) embedded in the sheath (46);
a core (21) that is housed in the sheath (46) and comprises an optical fiber ribbon (37) comprising:
optical fibers (part of 37); and
a wrapping tube (44) that wraps the optical fiber ribbon (37), wherein the wrapping tube (44) comprises:
a wrap portion where a first end portion of the wrapping tube overlaps with a second end portion of the wrapping tube (left end in Figs. 2, 4; C5 L66 – C6 L2); and
a non-wrap portion positioned between the first end portion and the second end portion (the rest of 44 that doesn’t overlap, see Figs. 2, 4),
wherein the plurality of tensile strength members (62, 64) includes greater than two (six) strength members partially embedded in the sheath (46) at intervals in the circumferential direction (see Figs. 2, 4; C6 L35-39).
17. The optical fiber cable of claim 16, wherein the intervals are equal (see Fig. 2, 4).
19. The optical fiber cable of claim 16, wherein the number of tensile strength members is an even number (six, Fig. 2, 4).
23. The optical fiber cable of claim 16, wherein the plurality of tensile strength members (62, 64) includes greater than four strength members (six) embedded in the sheath (46) at intervals in the circumferential direction (Figs. 2, 4).
32. The optical fiber cable of claim 16, wherein the sheath (46) is formed into a cylindrical shape (Fig. 2, 4).
33. The optical fiber cable of claim 16, wherein an outer diameter of the sheath (46) is greater than or equal to 6.1 mm (0.45 inch = 11.43 mm, C6 L9-13).
34. The optical fiber cable of claim 16, wherein an outer diameter of the sheath (46) is greater than or equal to 8 mm (0.45 inch = 11.43 mm, C6 L9-13).
Panuska does not teach expressly the ribbons being intermittently-adhered wherein adhesive portions that intermittently adhere the optical fibers together in a longitudinal direction.
Sato teaches an optical cable for air blown installation (title) wherein a core of the cable includes optical fiber ribbons intermittently-adhered wherein adhesive portions that intermittently adhere the optical fibers together in a longitudinal direction (P0042).
Panuska and Sato are analogous art because they are from the same field of endeavor, optical fiber cables.
At the time of the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to modify the ribbons of Panuska to use intermittently-adhered fibers as taught by Sato.
The motivation for doing so would have been to reduce stress on individual optical fibers.
Panuska teaches the tensile strength members (62, 64) being at least partially embedded in the sheath (46) (C6 L35-39). Panuska also teaches an embodiment (Fig. 8) wherein the strength members (102, 104, 106) are fully embedded in the sheath (Fig. 8). The embodiment of Figs. 1-4 and the embodiment of Fig. 8 of Panuska are analogous art because they are from the same field of endeavor, optical cables. At the time of the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to try fully embedding the strength members of Fig. 1-4 as taught by the embodiment of Fig. 8. The motivation for doing so would have been to minimize the tendency for the strength members to move (C11, L47-50).
Claims 16, 21, 23, 24, 35, 36, 38, 41, 48 and 49 are rejected under 35 U.S.C. 103 as being unpatentable over Panuska et al (US 5,109,457), Sato et al (US 2015/0192748 A1) and Le Noane et al (US 4,408,828).
Panuska teaches:
16, 35 (which includes all the limitations of claim 16). An optical fiber cable (20, Figs. 1-4) comprising:
a sheath (46);
a plurality of tensile strength members (62, 64) embedded in the sheath (46);
a core (21) that is housed in the sheath (46) and comprises an optical fiber ribbon (37) comprising:
optical fibers (part of 37); and
a wrapping tube (44) that wraps the optical fiber ribbon (37), wherein the wrapping tube (44) comprises:
a wrap portion where a first end portion of the wrapping tube overlaps with a second end portion of the wrapping tube (left end in Figs. 2, 4; C5 L66 – C6 L2); and
a non-wrap portion positioned between the first end portion and the second end portion (the rest of 44 that doesn’t overlap, see Figs. 2, 4),
wherein the plurality of tensile strength members (62, 64) includes greater than two (six) strength members embedded in the sheath (46) at intervals in the circumferential direction (see Figs. 2, 4), wherein an outer diameter of the sheath (46) is greater than 6.1 mm (0.45 inch = 11.43 mm, C6 L9-13).
36. The optical fiber cable of claim 35, wherein the intervals are equal (see Fig. 2, 4).
38. The optical fiber cable of claim 35, wherein the number of tensile strength members is an even number (six, Fig. 2, 4).
23/41. The optical fiber cable of claim 35, wherein the plurality of tensile strength members (62, 64) includes greater than four strength members (six) embedded in the sheath (46) at intervals in the circumferential direction (Figs. 2, 4).
48. The optical fiber cable of claim 35, wherein the sheath (46) is formed into a cylindrical shape (Fig. 2, 4).
49. The optical fiber cable of claim 35, wherein an outer diameter of the sheath (46) is greater than or equal to 8 mm (0.45 inch = 11.43 mm, C6 L9-13).
Panuska does not teach expressly the ribbons being intermittently-adhered wherein adhesive portions that intermittently adhere the optical fibers together in a longitudinal direction.
Sato teaches an optical cable for air blown installation (title) wherein a core of the cable includes optical fiber ribbons intermittently-adhered wherein adhesive portions that intermittently adhere the optical fibers together in a longitudinal direction (P0042).
Panuska and Sato are analogous art because they are from the same field of endeavor, optical fiber cables.
At the time of the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to modify the ribbons of Panuska to use intermittently-adhered fibers as taught by Sato.
The motivation for doing so would have been to reduce stress on individual optical fibers.
Panuska and Sato do not state what the compressive strength of the cable is (claims 21, 24, 27 and 35).
Le Noane teaches an optical cable wherein the compressive strength is greater than 12.8 N/mm2 (C2 L38-56).
Panuska, Sato and Le Noane are analogous art because they are from the same field of endeavor, optical fiber cables.
At the time of the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to modify the cable of Panuska and Sato to have a compressive strength of larger than . Note, all of the structural limitations of the cable have been met and the compressive strength is a result of the claimed structure. While features of an apparatus may be recited either structurally or functionally, claims directed to an apparatus must be distinguished from the prior art in terms of structure rather than function. In re Schreiber, 128 F.3d 1473, 1477-78, 44 USPQ2d 1429, 1431-32 (Fed. Cir. 1997); In re Swinehart, 439 F.2d 210, 212-13, 169 USPQ 226, 228-29 (CCPA 1971); In re Danly, 263 F.2d 844, 847, 120 USPQ 528, 531 (CCPA 1959). "[A]pparatus claims cover what a device is, not what a device does." Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990) (emphasis in original).
The motivation for doing so would have been to increase crush resistance of the cable.
Claims 26, 27 and 43 are rejected under 35 U.S.C. 103 as being unpatentable over Panuska, Sato and Le Noane as applied to claims 16 and 35 above, and further in view of Moon (US 6,963,686 B2). Le Noane teaches an optical cable wherein the compressive strength is greater than 12.8 N/mm2 (C2 L38-56). Panuska, Sato and Le Noane do not teach greater than 8 strength members embedded in the sheath at intervals in the circumferential direction.
Moon teaches an optical cable (Fig. 3) comprising a plurality of tensile strength members (320) includes greater than eight strength members (eleven) embedded in a sheath (350) at intervals in the circumferential direction (Fig. 3).
Panuska, Sato, Le Noane and Moon are analogous art because they are from the same field of endeavor, optical fiber cables.
At the time of the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to modify the cable of Panuska, Sato and Le Noane to include more than 8 strength members as taught by Moon.
The motivation for doing so would have been to improve tensile force and at the same time improve flexibility (Moon, C3 L32-40).
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 16, 21, 22, 35 and 40 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 3-5 of U.S. Patent No. 11,287,591 B2 in view of Summers et al (US 6,160,940).
The ‘591 claims include recesses and protrusions disposed alternating in a circumferential direction on an outer surface of the sheath with two connecting portions and a bottom surface. These shape is taught by Summers (Figs. 4, 6), therefore it would have been obvious to modify the claims to include the recesses and protrusions as taught by Summers to reduce cable interface with a passageway (Summers, C5 L55-61).
Current claims
US 11287591
16. (Previously Presented) An optical fiber cable comprising:a sheath;a plurality of tensile strength members embedded in the sheath;a core that is housed in the sheath and comprises an intermittently-adhered optical fiber ribbon comprising:optical fibers; andadhesive portions that intermittently adhere the optical fibers together in a longitudinal direction; anda wrapping tube that wraps the intermittently-adhered optical fiber ribbon, wherein the wrapping tube comprises:a wrap portion where a first end portion of the wrapping tube overlaps with a second end portion of the wrapping tube; anda non-wrap portion positioned between the first end portion and the second end portion,wherein the plurality of tensile strength members includes greater than two strength members embedded in the sheath at intervals in the circumferential direction. And it would have been obvious to POSITA to try a cross-section of the protrusions as claimed given the shape shown in Summers.
1. An optical fiber cable comprising: a sheath; and a core that is housed in the sheath and comprises an intermittently-adhered optical fiber ribbon comprising: optical fibers; and adhesive portions that intermittently adhere the optical fibers together in a longitudinal direction, wherein recesses and protrusions are disposed alternately in a circumferential direction on an outer circumferential surface of the sheath, the recesses each comprise: two connecting portions respectively connected to radial inner ends of two adjacent protrusions; and a bottom surface positioned between the two connecting portions, and in a transverse cross-sectional view, a cross-sectional area of the recesses that is enclosed by closed curves tangent to radial outer ends of the protrusions and all the recesses is 1.3 mm.sup.2 or greater and 4.8 mm.sup.2 or less.
4. The optical fiber cable according to claim 1, wherein the core further comprises a wrapping tube that wraps the intermittently-adhered optical fiber ribbon.
5. The optical fiber cable according to claim 4, wherein the wrapping tube comprises: a wrap portion where a first end portion of the wrapping tube overlaps with a second end portion of the wrapping tube; and a non-wrap portion positioned between the first end portion and the second end portion.
21. (Previously Presented) The optical fiber cable of claim 16, wherein the optical fiber cable has a compressive strength of 12.8 N/mm2 or greater.
22. (Previously Presented) The optical fiber cable of claim 21, wherein the optical fiber cable has a compressive strength of 32.4 N/mm2 or less.
3. The optical fiber cable according to claim 1, wherein the optical fiber cable has a compressive strength of 12.8 N/mm.sup.2 or greater and 32.4 N/mm.sup.2 or less.
35. (Previously Presented) An optical fiber cable comprising:a sheath;a plurality of tensile strength members embedded in the sheath;a core that is housed in the sheath and comprises an intermittently-adhered optical fiber ribbon comprising:optical fibers; andadhesive portions that intermittently adhere the optical fibers together in a longitudinal direction; anda wrapping tube that wraps the intermittently-adhered optical fiber ribbon, wherein the wrapping tube comprises:a wrap portion where a first end portion of the wrapping tube overlaps with a second end portion of the wrapping tube; anda non-wrap portion positioned between the first end portion and the second end portion,wherein the plurality of tensile strength members includes greater than two strength members embedded in the sheath at intervals in the circumferential direction, wherein the optical fiber cable has a compressive strength of 12.8 N/mm2 or greater, and wherein an outer diameter of the sheath is greater than or equal to 6.1 mm. And it would have been obvious to POSITA to try a cross-section of the protrusions as claimed given the shape shown in Summers and a diameter greater than 6.1mm since this is common in the blown cable art.
40. (Previously Presented) The optical fiber cable of claim 35, wherein the optical fiber cable has a compressive strength of 32.4 N/mm2 or less.
1. An optical fiber cable comprising: a sheath; and a core that is housed in the sheath and comprises an intermittently-adhered optical fiber ribbon comprising: optical fibers; and adhesive portions that intermittently adhere the optical fibers together in a longitudinal direction, wherein recesses and protrusions are disposed alternately in a circumferential direction on an outer circumferential surface of the sheath, the recesses each comprise: two connecting portions respectively connected to radial inner ends of two adjacent protrusions; and a bottom surface positioned between the two connecting portions, and in a transverse cross-sectional view, a cross-sectional area of the recesses that is enclosed by closed curves tangent to radial outer ends of the protrusions and all the recesses is 1.3 mm.sup.2 or greater and 4.8 mm.sup.2 or less.
3. The optical fiber cable according to claim 1, wherein the optical fiber cable has a compressive strength of 12.8 N/mm.sup.2 or greater and 32.4 N/mm.sup.2 or less.
4. The optical fiber cable according to claim 1, wherein the core further comprises a wrapping tube that wraps the intermittently-adhered optical fiber ribbon.
5. The optical fiber cable according to claim 4, wherein the wrapping tube comprises: a wrap portion where a first end portion of the wrapping tube overlaps with a second end portion of the wrapping tube; and a non-wrap portion positioned between the first end portion and the second end portion.
Claims 16, 21, 22, 29, 35 and 40 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 3-5 of U.S. Patent No. 11,709,329 B2 in view of Summers et al (US 6,160,940).
The ‘329 claims include recesses and protrusions disposed alternating in a circumferential direction on an outer surface of the sheath with two connecting portions and a bottom surface. These shape is taught by Summers (Figs. 4, 6), therefore it would have been obvious to modify the claims to include the recesses and protrusions as taught by Summers to reduce cable interface with a passageway (Summers, C5 L55-61).
Current claims
US 11709329
16. (Previously Presented) An optical fiber cable comprising:a sheath;a plurality of tensile strength members embedded in the sheath;a core that is housed in the sheath and comprises an intermittently-adhered optical fiber ribbon comprising:optical fibers; andadhesive portions that intermittently adhere the optical fibers together in a longitudinal direction; anda wrapping tube that wraps the intermittently-adhered optical fiber ribbon, wherein the wrapping tube comprises:a wrap portion where a first end portion of the wrapping tube overlaps with a second end portion of the wrapping tube; anda non-wrap portion positioned between the first end portion and the second end portion,wherein the plurality of tensile strength members includes greater than two strength members embedded in the sheath at intervals in the circumferential direction. And it would have been obvious to POSITA to try a cross-section of the protrusions as claimed given the shape shown in Summers.
29. (Withdrawn) The optical fiber cable of claim 16, further comprising a ripcord.
1. An optical fiber cable comprising: a sheath; a core that is housed in the sheath and comprises optical fibers; tensile strength members embedded in the sheath; and ripcords embedded in the sheath, wherein recesses and protrusions are disposed alternately in a circumferential direction on an outer circumferential surface of the sheath, the recesses each comprise: two connecting portions respectively connected to radial inner ends of two adjacent protrusions; and a bottom surface positioned between the two connecting portions, and in a transverse cross-sectional view, the ripcords are positioned inside some of the protrusions, and the tensile strength members are positioned inside the remaining protrusions.
4. The optical fiber cable according to claim 1, wherein the core further comprises a wrapping tube that wraps the optical fibers.
5. The optical fiber cable according to claim 4, wherein the wrapping tube comprises: a wrap portion where a first end portion of the wrapping tube overlaps with a second end portion of the wrapping tube; and a non-wrap portion positioned between the first end portion and the second end portion.
21. (Previously Presented) The optical fiber cable of claim 16, wherein the optical fiber cable has a compressive strength of 12.8 N/mm2 or greater.
22. (Previously Presented) The optical fiber cable of claim 21, wherein the optical fiber cable has a compressive strength of 32.4 N/mm2 or less.
3. The optical fiber cable according to claim 1, wherein the optical fiber cable has a compressive strength of 12.8 N/mm.sup.2 or greater and 32.4 N/mm.sup.2 or less.
35. (Previously Presented) An optical fiber cable comprising:a sheath;a plurality of tensile strength members embedded in the sheath;a core that is housed in the sheath and comprises an intermittently-adhered optical fiber ribbon comprising:optical fibers; andadhesive portions that intermittently adhere the optical fibers together in a longitudinal direction; anda wrapping tube that wraps the intermittently-adhered optical fiber ribbon, wherein the wrapping tube comprises:a wrap portion where a first end portion of the wrapping tube overlaps with a second end portion of the wrapping tube; anda non-wrap portion positioned between the first end portion and the second end portion,wherein the plurality of tensile strength members includes greater than two strength members embedded in the sheath at intervals in the circumferential direction, wherein the optical fiber cable has a compressive strength of 12.8 N/mm2 or greater, and wherein an outer diameter of the sheath is greater than or equal to 6.1 mm. And it would have been obvious to POSITA to try a cross-section of the protrusions as claimed given the shape shown in Summers and a diameter greater than 6.1mm since this is common in the blown cable art.
40. (Previously Presented) The optical fiber cable of claim 35, wherein the optical fiber cable has a compressive strength of 32.4 N/mm2 or less.
1. An optical fiber cable comprising: a sheath; and a core that is housed in the sheath and comprises an intermittently-adhered optical fiber ribbon comprising: optical fibers; and adhesive portions that intermittently adhere the optical fibers together in a longitudinal direction, wherein recesses and protrusions are disposed alternately in a circumferential direction on an outer circumferential surface of the sheath, the recesses each comprise: two connecting portions respectively connected to radial inner ends of two adjacent protrusions; and a bottom surface positioned between the two connecting portions, and in a transverse cross-sectional view, a cross-sectional area of the recesses that is enclosed by closed curves tangent to radial outer ends of the protrusions and all the recesses is 1.3 mm.sup.2 or greater and 4.8 mm.sup.2 or less.
3. The optical fiber cable according to claim 1, wherein the optical fiber cable has a compressive strength of 12.8 N/mm.sup.2 or greater and 32.4 N/mm.sup.2 or less.
4. The optical fiber cable according to claim 1, wherein the core further comprises a wrapping tube that wraps the intermittently-adhered optical fiber ribbon.
5. The optical fiber cable according to claim 4, wherein the wrapping tube comprises: a wrap portion where a first end portion of the wrapping tube overlaps with a second end portion of the wrapping tube; and a non-wrap portion positioned between the first end portion and the second end portion.
Claims 16, 19, 21, 22, 23, 26, 29, 35, 40, 41, 43 and 45 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 2, 3, 6, 10-12 and 17 of U.S. Patent No. 12,105,335 B2.
Current claims
US 12105335
16. (Previously Presented) An optical fiber cable comprising:a sheath;a plurality of tensile strength members embedded in the sheath;a core that is housed in the sheath and comprises an intermittently-adhered optical fiber ribbon comprising:optical fibers; andadhesive portions that intermittently adhere the optical fibers together in a longitudinal direction; anda wrapping tube that wraps the intermittently-adhered optical fiber ribbon, wherein the wrapping tube comprises:a wrap portion where a first end portion of the wrapping tube overlaps with a second end portion of the wrapping tube; anda non-wrap portion positioned between the first end portion and the second end portion,wherein the plurality of tensile strength members includes greater than two strength members embedded in the sheath at intervals in the circumferential direction
21. (Previously Presented) The optical fiber cable of claim 16, wherein the optical fiber cable has a compressive strength of 12.8 N/mm2 or greater.
22. (Previously Presented) The optical fiber cable of claim 21, wherein the optical fiber cable has a compressive strength of 32.4 N/mm2 or less.
1. An optical fiber cable comprising: a sheath; a plurality of tensile strength members embedded in the sheath; a core that is housed in the sheath and comprises an intermittently-adhered optical fiber ribbon comprising: optical fibers; and adhesive portions that intermittently adhere the optical fibers together in a longitudinal direction; and a wrapping tube that wraps the intermittently-adhered optical fiber ribbon, wherein the wrapping tube comprises: a wrap portion where a first end portion of the wrapping tube overlaps with a second end portion of the wrapping tube; and a non-wrap portion positioned between the first end portion and the second end portion, wherein the optical fiber cable has a compressive strength of 12.8 N/mm.sup.2 or greater and 32.4 N/mm.sup.2 or less.
And it would have been obvious to POSITA to try a cross-section of the protrusions as claimed given the shape shown in Summers.
2. The optical fiber cable of claim 1, wherein recesses and protrusions are disposed alternately in a circumferential direction on an outer circumferential surface of the sheath.
3. The optical fiber cable of claim 2, wherein inner surfaces of the recesses are curved surfaces that are radially inwardly convex.
29. (Withdrawn) The optical fiber cable of claim 16, further comprising a ripcord.
6. The optical fiber cable of claim 1, further comprising a ripcord.
19. (Previously Presented) The optical fiber cable of claim 16, wherein the number of tensile strength members is an even number.
23. (Previously Presented) The optical fiber cable of claim 16, wherein the plurality of tensile strength members includes greater than four strength members embedded in the sheath at intervals in the circumferential direction.
26. (Previously Presented) The optical fiber cable of claim 16, wherein the plurality of tensile strength members includes greater than eight strength members embedded in the sheath at intervals in the circumferential direction.
10. The optical fiber cable of claim 1, wherein the number of tensile strength members is between 8 and 12.
35. (Previously Presented) An optical fiber cable comprising:a sheath;a plurality of tensile strength members embedded in the sheath;a core that is housed in the sheath and comprises an intermittently-adhered optical fiber ribbon comprising:optical fibers; andadhesive portions that intermittently adhere the optical fibers together in a longitudinal direction; anda wrapping tube that wraps the intermittently-adhered optical fiber ribbon, wherein the wrapping tube comprises:a wrap portion where a first end portion of the wrapping tube overlaps with a second end portion of the wrapping tube; anda non-wrap portion positioned between the first end portion and the second end portion,wherein the plurality of tensile strength members includes greater than two strength members embedded in the sheath at intervals in the circumferential direction, wherein the optical fiber cable has a compressive strength of 12.8 N/mm2 or greater, and wherein an outer diameter of the sheath is greater than or equal to 6.1 mm. And it would have been obvious to POSITA to try a cross-section of the protrusions as claimed given the shape shown in Summers and a diameter greater than 6.1mm since this is common in the blown cable art.
40. (Previously Presented) The optical fiber cable of claim 35, wherein the optical fiber cable has a compressive strength of 32.4 N/mm2 or less.
1. An optical fiber cable comprising: a sheath; a plurality of tensile strength members embedded in the sheath; a core that is housed in the sheath and comprises an intermittently-adhered optical fiber ribbon comprising: optical fibers; and adhesive portions that intermittently adhere the optical fibers together in a longitudinal direction; and a wrapping tube that wraps the intermittently-adhered optical fiber ribbon, wherein the wrapping tube comprises: a wrap portion where a first end portion of the wrapping tube overlaps with a second end portion of the wrapping tube; and a non-wrap portion positioned between the first end portion and the second end portion, wherein the optical fiber cable has a compressive strength of 12.8 N/mm.sup.2 or greater and 32.4 N/mm.sup.2 or less.
11. The optical fiber cable of claim 1, wherein an outer diameter of the sheath is greater than or equal to 6.1 mm.
38. (Previously Presented) The optical fiber cable of claim 35, wherein the number of tensile strength members is an even number.
41. (Previously Presented) The optical fiber cable of claim 35, wherein the plurality of tensile strength members includes greater than four strength members embedded in the sheath at intervals in the circumferential direction.
43. (Previously Presented) The optical fiber cable of claim 35, wherein the plurality of tensile strength members includes greater than eight strength members embedded in the sheath at intervals in the circumferential direction.
12. An optical fiber cable comprising: a sheath; a plurality of tensile strength members embedded in the sheath; a core that is housed in the sheath and comprises an intermittently-adhered optical fiber ribbon comprising: optical fibers; and adhesive portions that intermittently adhere the optical fibers together in a longitudinal direction; and a wrapping tube that wraps the intermittently-adhered optical fiber ribbon, wherein the wrapping tube comprises: a wrap portion where a first end portion of the wrapping tube overlaps with a second end portion of the wrapping tube; and a non-wrap portion positioned between the first end portion and the second end portion, wherein the number of tensile strength members is between 8 and 12.
45. (Withdrawn) The optical fiber cable of claim 35, further comprising a ripcord.
17. The optical fiber cable of claim 12, further comprising a ripcord.
Claims 16, 21-23 and 26-28 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 4, 5, 16, 17, and 25 of copending Application No. 18331602 in view of Summers et al (US 6,160,940). Although the claims at issue are not identical, they are not patentably distinct from each other because the ‘602 claims include recesses and protrusions disposed alternating in a circumferential direction on an outer surface of the sheath with two connecting portions and a bottom surface. These shape is taught by Summers (Figs. 4, 6), therefore it would have been obvious to modify the claims to include the recesses and protrusions as taught by Summers to reduce cable interface with a passageway (Summers, C5 L55-61).
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Current claims
US 18331602
16. (Previously Presented) An optical fiber cable comprising:a sheath;a plurality of tensile strength members embedded in the sheath;a core that is housed in the sheath and comprises an intermittently-adhered optical fiber ribbon comprising:optical fibers; andadhesive portions that intermittently adhere the optical fibers together in a longitudinal direction; anda wrapping tube that wraps the intermittently-adhered optical fiber ribbon, wherein the wrapping tube comprises:a wrap portion where a first end portion of the wrapping tube overlaps with a second end portion of the wrapping tube; anda non-wrap portion positioned between the first end portion and the second end portion,wherein the plurality of tensile strength members includes greater than two strength members embedded in the sheath at intervals in the circumferential direction. And it would have been obvious to POSITA to try a cross-section of the protrusions as claimed given the shape shown in Summers.
21. (Previously Presented) The optical fiber cable of claim 16, wherein the optical fiber cable has a compressive strength of 12.8 N/mm2 or greater.
22. (Previously Presented) The optical fiber cable of claim 21, wherein the optical fiber cable has a compressive strength of 32.4 N/mm2 or less.
1. (Original) An optical fiber cable comprising:a sheath; anda core that is housed in the sheath and comprises optical fibers,wherein recesses and protrusions are disposed alternately in a circumferential direction on an outer circumferential surface of the sheath, and the optical fiber cable has a compressive strength of 12.8 N/mm2 or greater and 32.4 N/mm2 or less.
4. (Original) The optical fiber cable according to claim 1, wherein the core further comprises a wrapping tube that wraps the optical fibers.
5. (Original) The optical fiber cable according to claim 4, wherein the wrapping tube comprises:a wrap portion where a first end portion of the wrapping tube overlaps with a second end portion of the wrapping tube; anda non-wrap portion positioned between the first end portion and the second end portion.
16. (Original) The optical fiber cable according to claim 1, wherein the optical fibers are included in an intermittently-adhered optical fiber ribbon such that adhesive portions of the intermittently-adhered optical fiber ribbon intermittently adhere the optical fibers together in a longitudinal direction.
25. (New) An optical fiber cable comprising:a sheath;at least one tensile member embedded in the sheath; anda core that is housed in the sheath and comprises optical fibers, wherein:recesses and protrusions are disposed alternately in a circumferential direction on an outer circumferential surface of the sheath, and the optical fiber cable has a compressive strength of 12.8 N/mm2 or greater and 32.4 N/mm2 or less.
23. (Previously Presented) The optical fiber cable of claim 16, wherein the plurality of tensile strength members includes greater than four strength members embedded in the sheath at intervals in the circumferential direction.
26. (Previously Presented) The optical fiber cable of claim 16, wherein the plurality of tensile strength members includes greater than eight strength members embedded in the sheath at intervals in the circumferential direction.
27. (Previously Presented) The optical fiber cable of claim 26, wherein the optical fiber cable has a compressive strength of 12.8 N/mm2 or greater.
28. (Previously Presented) The optical fiber cable of claim 27, wherein the optical fiber cable has a compressive strength of 32.4 N/mm2 or less.
17. (Original) The optical fiber cable according to claim 1, further comprising: members embedded in the sheath, wherein a number of the members is 8 or more and 12 or less.
Claims 16, 24 and 25 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 16, 20, 21 and 25 of copending Application No. 18350446 in view of Summers et al (US 6,160,940). Although the claims at issue are not identical, they are not patentably distinct from each other because the ‘446 claims include recesses and protrusions disposed alternating in a circumferential direction on an outer surface of the sheath with two connecting portions and a bottom surface. These shape is taught by Summers (Figs. 4, 6), therefore it would have been obvious to modify the claims to include the recesses and protrusions as taught by Summers to reduce cable interface with a passageway (Summers, C5 L55-61).
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Current claims
US 18350446
16. (Previously Presented) An optical fiber cable comprising:a sheath;a plurality of tensile strength members embedded in the sheath;a core that is housed in the sheath and comprises an intermittently-adhered optical fiber ribbon comprising:optical fibers; andadhesive portions that intermittently adhere the optical fibers together in a longitudinal direction; anda wrapping tube that wraps the intermittently-adhered optical fiber ribbon, wherein the wrapping tube comprises:a wrap portion where a first end portion of the wrapping tube overlaps with a second end portion of the wrapping tube; anda non-wrap portion positioned between the first end portion and the second end portion,wherein the plurality of tensile strength members includes greater than two strength members embedded in the sheath at intervals in the circumferential direction. And it would have been obvious to POSITA to try a cross-section of the protrusions as claimed given the shape shown in Summers.
16. (Previously Presented) An optical fiber cable comprising:a sheath; a plurality of tensile strength members embedded in the sheath; and a core that is housed in the sheath and comprises an intermittently-adhered optical fiber ribbon comprising:optical fibers; and adhesive portions that intermittently adhere the optical fibers together in a longitudinal direction, wherein recesses and protrusions are disposed alternately in a circumferential direction on an outer circumferential surface of the sheath and extend an entire length of the sheath along the longitudinal direction, wherein inner surfaces of the recesses are curved surfaces that are radially inwardly convex.
20. (Previously Presented) The optical fiber cable of claim 16, wherein the core further comprises a wrapping tube that wraps the intermittently-adhered optical fiber ribbon.
21. (Previously Presented) The optical fiber cable of claim 20, wherein the wrapping tube comprises:a wrap portion where a first end portion of the wrapping tube overlaps with a second end portion of the wrapping tube; and a non-wrap portion positioned between the first end portion and the second end portion.
24. (Previously Presented) The optical fiber cable of claim 23, wherein the optical fiber cable has a compressive strength of 12.8 N/mm2 or greater.
25. (Previously Presented) The optical fiber cable of claim 24, wherein the optical fiber cable has a compressive strength of 32.4 N/mm2 or less.
25. (Previously Presented) The optical fiber cable of claim 16, wherein the optical fiber cable has a compressive strength of 12.8 N/mm2 or greater and 32.4 N/mm2 or less.
Allowable Subject Matter
Claims 22, 25, 28, 40, 42 and 44 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
These claims would be allowable over the prior art of record if rewritten in independent form including all of the limitations of the base claim and any intervening claims because the latter, either alone or in combination, does not disclose nor render obvious the claimed optical cable with the claimed sheath, tensile strength members, fibers and wrapping tube wherein the compressive strength is 12.8 to 32.4 N/mm2,
in combination with the rest of the claimed limitations.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RYAN A LEPISTO whose telephone number is (571)272-1946. The examiner can normally be reached 9AM-6PM EST M-F.
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/RYAN A LEPISTO/Primary Examiner, Art Unit 2874
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