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
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.
Claim(s) 1, 3-4 and 7-8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by JP 2018035930, Ono.
In regards to claim 1, in Figure 5 and paragraphs detailing said figure, Ono discloses a crimp (230) comprising: a first crimp section (to the left of point) extending between a first end of the crimp and a point (see Figure 5 below) along the crimp between the first end and a second end, a first inner diameter of the first crimp section constant between the first end and the point; and a second crimp section (233) adjacent the first crimp section, the second crimp section extending between the point and the second end, a second inner diameter of the second crimp section to increase from the point to the second end, a first axial length of the first crimp section greater than a second axial length of the second crimp section, the crimp having an outer diameter that does not change, within manufacturing tolerances, between the first end and the second end.
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In regards to claim 3, in Figure 5 and paragraphs detailing said figure, Ono discloses a wall thickness of the second crimp section decreases from the point to the second end.
In regards to claim 4, in Figure 5 and paragraphs detailing said figure, Ono discloses the wall thickness at the point is at least twice the wall thickness at the second end.
In regards to claim 7, in Figure 5 and paragraphs detailing said figure, Ono discloses a first wall thickness of the first crimp section corresponds to a second wall thickness of the second crimp section.
In regards to claim 8, in Figure 5 and paragraphs detailing said figure, Ono discloses the first and second crimp sections are metal ([0034]).
Claim(s) 9, 11, 13, 23, 25 and 26 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 20180180213, Giovannini.
In regards to claim 9, in Figures 1-4 and paragraphs detailing said figure, Giovannini discloses a crimp comprising: a first crimp segment (see Figure 1 below) extending between first and second points along an elongate length of the crimp, the first crimp segment to have a first inner diameter at the first point; and a second crimp segment (24) extending between third and fourth points along the elongate length of the crimp, the second and third points between the first and fourth points, the second crimp segment to have a second inner diameter at the fourth point, the second inner diameter greater than the first inner diameter, the second point spaced apart from the third point to define a gap between the first crimp segment and the second crimp segment, the gap being less than a first axial length of the first crimp segment and less than a second axial length of the second crimp segment.
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In regards to claim 11, in Figures 1-4 and paragraphs detailing said figure, Giovannini discloses at least one tab (31) to bridge the gap to couple the first crimp segment to the second crimp segment.
In regards to claim 13, in Figures 1-4 and paragraphs detailing said figure, Giovannini discloses a first length of the first crimp segment is greater than a second length of the second crimp segment.
In regards to claim 23, in Figures 1-4 and paragraphs [0021]-[0037], Giovannini discloses a method to manufacture a crimp, the method comprising: forming a first crimp segment between first and second points along an elongate length of the crimp, the first crimp segment to have a first inner diameter between the first and second points; forming a second crimp segment between third and fourth points along the elongate length of the crimp, the second crimp segment to have a second inner diameter at the fourth point, the second inner diameter greater than the first inner diameter; and forming a gap between the second and third points, the gap being less than a first axial length of the first crimp segment and less than a second axial length of the second crimp segment.
In regards to claim 25, in Figures 1-4 and paragraphs [0021]-[0037], Giovannini discloses coupling the first crimp segment to the second crimp segment via a tab to bridge the gap.
In regards to claim 26, in Figures 1-4 and paragraphs detailing said figures, Giovannini discloses the tab being integrally formed in the crimp.
Claim(s) 18-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 20100259039, Bohl.
In regards to claim 18, in Figure 1 and paragraphs detailing said figure, Bohl discloses an apparatus comprising: a connector including a barbed portion (14); and a crimp (34) to couple a tube to the barbed portion, the crimp including: an outer surface extending between first and second ends of the crimp; and an inner surface extending between the first and second ends of the crimp, an inner diameter of the inner surface to be different at different points along an elongate length of the crimp having a first inner diameter that is constant along a first axial length of the crimp between the first end and a point (see Figure 1 below) between the first and second ends, the inner surface having a second inner diameter along a second axial length of the crimp between the point and the second end, the second inner diameter different from the first inner diameter, the point located beyond an axial end of the connector when the crimp is coupling the tube to the barbed portion.
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In regards to claim 19, in Figure 1 and paragraphs detailing said figure, Bohl discloses the second inner diameter is to gradually decrease from the second end to the point between the first and second ends.
In regards to claim 20, in Figure 1 and paragraphs detailing said figure, Bohl discloses an outer diameter of the outer surface is to gradually increase from the point to the second end.
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) 14-17 and 27-29 is/are rejected under 35 U.S.C. 103 as being unpatentable Giovannini.
In regards to claim 14, Giovannini further discloses a third crimp segment (24) extending between fifth and sixth points along the elongate length of the crimp, the fourth and fifth points between the third and sixth points, the third crimp segment to have a third inner diameter at the sixth point. Giovannini does not disclose the third inner diameter being greater than the first inner diameter and greater than the second inner diameter. Applicant has failed to illustrate criticality for the third inner diameter greater than the first inner diameter and greater than the second inner diameter. It 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 to fabricate the third inner diameter greater than the first inner diameter and greater than the second inner diameter, since a change in the size of a prior art device is a design consideration within the skill of the art. In re Rose, 220 F.2d 459, 105 USPQ 237 (CCPA 1955).
In regards to claim 15, Giovannini discloses the claimed invention except for the second crimp segment having a third inner diameter, the third inner diameter at the third point corresponding to the first inner diameter, the third inner diameter to gradually increase from the third point to the fourth point. Applicant has failed to illustrate criticality for the second crimp segment having a third inner diameter, the third inner diameter at the third point corresponding to the first inner diameter, the third inner diameter to gradually increase from the third point to the fourth point. It 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 to fabricate the second crimp segment with a third inner diameter, the third inner diameter at the third point corresponding to the first inner diameter, the third inner diameter to gradually increase from the third point to the fourth point, since a change in the size of a prior art device is a design consideration within the skill of the art. In re Rose, 220 F.2d 459, 105 USPQ 237 (CCPA 1955).
In regards to claim 16, Giovannini discloses the claimed invention except for first crimp segment having a first outer diameter between the first and second points, the second crimp segment to have a second outer diameter gradually increasing from the third point to the fourth point. Applicant has failed to illustrate criticality for first crimp segment having a first outer diameter between the first and second points, the second crimp segment to have a second outer diameter gradually increasing from the third point to the fourth point. It 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 to fabricate first crimp segment with a first outer diameter between the first and second points, the second crimp segment to have a second outer diameter gradually increasing from the third point to the fourth point, since a change in the size of a prior art device is a design consideration within the skill of the art. In re Rose, 220 F.2d 459, 105 USPQ 237 (CCPA 1955).
In regards to claim 17, Giovannini discloses the claimed invention except for the second crimp segment having a first wall thickness at the third point and a second wall thickness at the fourth point, the first wall thickness at least twice the second wall thickness. Applicant has failed to illustrate criticality for the second crimp segment having a first wall thickness at the third point and a second wall thickness at the fourth point, the first wall thickness at least twice the second wall thickness. It 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 to fabricate the second crimp segment with a first wall thickness at the third point and a second wall thickness at the fourth point, the first wall thickness at least twice the second wall thickness, since a change in the size of a prior art device is a design consideration within the skill of the art. In re Rose, 220 F.2d 459, 105 USPQ 237 (CCPA 1955).
In regards to claim 27, in Figures 1-4 and paragraphs detailing said figure, Giovannini discloses the gap is a first gap, and wherein the fifth point is spaced apart from the fourth point to define a second gap between the second crimp segment and the third crimp segment.
In regards to claim 28, in Figures 1-4 and paragraphs detailing said figure, Giovannini discloses a first tab to bridge the first gap to couple the first crimp segment to the second crimp segment, and a second tab to bridge the second gap to couple the second crimp segment to the third crimp segment.
In regards to claim 29, in Figures 1-4 and paragraphs detailing said figure, Giovannini discloses the second tab being axially offset relative to the first tab.
Claim(s) 21-22 is/are rejected under 35 U.S.C. 103 as being unpatentable Bohl.
In regards to claims 21-22, Bohl discloses the claimed invention except for an outer diameter of the outer surface being constant along the elongate length of the crimp between the first and second ends, and a first wall thickness between the inner and outer surfaces at the first end being at least twice a second wall thickness between the inner and outer surfaces at the second end. Applicant has failed to illustrate criticality for the outer diameter of the outer surface being constant along the elongate length of the crimp between the first and second ends, and the first wall thickness between the inner and outer surfaces at the first end being at least twice a second wall thickness between the inner and outer surfaces at the second end. It 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 to fabricate the outer diameter of the outer surface being constant along the elongate length of the crimp between the first and second ends, and the first wall thickness between the inner and outer surfaces at the first end being at least twice a second wall thickness between the inner and outer surfaces at the second end, since a change in the size of a prior art device is a design consideration within the skill of the art. In re Rose, 220 F.2d 459, 105 USPQ 237 (CCPA 1955).
Allowable Subject Matter
Claim 30 is 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.
Response to Arguments
Applicant’s arguments with respect to claim(s) above have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 AARON M DUNWOODY whose telephone number is (571)272-7080. The examiner can normally be reached Monday - Friday 9:00 am - 6:00 pm.
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/AARON M DUNWOODY/ Primary Examiner, Art Unit 3679