DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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 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.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 01/26/2026 has been entered.
Election/Restrictions
The status of the claims for this application is as follows.
Claims 1, 2, and 4-21 are currently pending.
Claims 6-8, 18, and 19 are currently withdrawn.
Claim 3 is canceled.
Drawings
The drawings were received on 01/26/2026. These drawings are not acceptable and have not been entered. Figs. 10D and 10E, submitted on 01/26/2026, do not illustrate strips of materials folded over on themselves (as set forth in the specification filed on 01/26/2026) and held together with an adhesive. That which is illustrated, still does not, illustrate that which is claimed, see the objection below.
Since the drawings of 01/26/2026 have not been entered the previous drawing objections have been maintained and reproduced below.
However, applicant’s arguments with regards to Fig. 6 illustrating the one or more perforation line, has been found to be persuasive, and this specific drawing objection has been withdrawn.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, for the elected species, emphasis added, the “the heat shrunk plastic ring vary in thickness and is configured to break in a thin area”, (claim 11), “the heat shrunk plastic ring has a uniform thickness”, (claim 12), and “strips held together with an adhesive and is designed to break into the strips”, (claim 13, no strips are shown for the ring pre-breakage and no broken strips are shown post-breakage)“ must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
Applicant’s amendments to the specification filed on 01/26/2026 have not been entered. Since the drawings filed on 01/26/2026 are not being entered, entering the specification of 01/26/2026 would enter subject matter not found in the drawings and to prevent confusion the specification of 01/26/2026 is not being entered too.
As a note, the previous specification objections are maintained since the specification filed on 04/23/2025 have not been entered.
Claim Rejections - 35 USC § 112
Applicant’s amendment to the claim(s) have made moot the previous 112 rejections(s).
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1, 2, 4, 5, 9-12, 14-17, and 20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
The term “low light” in claims 1, 15, and 20 is a relative term which renders the claim indefinite. The term “low light” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
The claims have been rejected as best understood because “low light” is a relative term and applicant’s original disclosure does not provide any means of determining what constitutes as “low light”
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, 2, 4, 5, 9-12, 14-17, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over EP 1413814 (hereinafter, EP-814) in view of Arment at el. (US 2013/0167357), (hereinafter, Arment).
Re Clm 1: EP-814 discloses a female press fitting (see Figs. 1, 3, and 4 and [0003-0016]) designed to receive a male pipe or fitting and comprising:
a pipe section (the pipe section that include 4 and the other 4) comprising at least two ends (one end that contains 3 and another end which contains the other 3);
at least one raised bead (the one raised bead covered by 4) forming in the pipe section adjacent to one or more ends (see Figs. 1, 3, and 4);
a sealing element (see [0002-0008, 0012, 0013] and claim 1, note that there is a sealing element present ether after or because of the crimping process) disposed underneath the at least one raised bead; and
a heat shrunk plastic ring (4, [0007]) extending over and around the at least one raised bead and held on the pipe section (see Figs. 1, 3, and 4),
wherein the heat shrunk plastic ring comprises one or more colors ([0002-0008, 0012, 0013] and claims 1-7), based on characteristics of the sealing element ([0008] and [0012] permitting visual identification in low light environment, note that a given sealing element will be associated with its ability to seal water or gas where the ring is colored to reflect a water or gas seal), wherein the heat shrunk plastic ring is designed to break and separate from the pipe section in response to a crimping force being applied to the heat shrunk plastic ring ([0002-0014] and claims 1-7), and the at least one raised bead ([0010-0014 and 0016] and [0004-0005]), and wherein a presence of the heat shrunk plastic ring on the female press fitting that has received the male pipe or fitting indicates that the female press fitting has not been crimped or has been improperly crimped ([0002-0014] and claims 1-7).
EP-814 fails to disclose that the disclosed raised bead of EP-81 has formed an internal groove; and that the disclosed sealing element is disposed in the internal groove underneath the at least one raised bead (where the sealing element is an O-ring).
However, Arment discloses a pipe connection, similar to that of EP-814. Arment also teaches an internal groove with a sealing member in the groove (where the sealing element is an O-ring). Where such would allow for a leak free joint to be made. Accordingly, Arment teaches an internal groove (24) with a sealing member (32, where the sealing element is an O-ring) in the groove (see Figs. 1(b)-2(d)), for the purpose of providing a means or an alternative means for forming a leak free joint.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to have modified the device of EP-814, to have had an internal groove in the pipe section; and a sealing element (where the sealing element is an O-ring) disposed in the groove underneath said raised bead, as taught by Arment, for the purpose of providing a means to form a leak free joint. Note that such a combination would have been a reasonable combination since EP-814 already appears to disclose such, but, is silent as to the specifics of the arrangements in the illustrated figures.
EP-814 merely fails to specifically, expressly, disclose that the disclosed one or more colors is photoluminescence in nature.
Note that EP-814 discloses in paragraph [0008] “Advantageously, the sleeve provides a means of visualizing the nature of the connection. Indeed, the sleeve may, for example, have a particular color… Similarly, the technical characteristics of the fitting can be immediately perceptible depending on the color…” and in paragraph [0012] “Sleeve 4 has a specific color and thus constitutes a means of visualization…” Accordingly, EP-814 clearly demonstrates that color is used for permitting visual identification.
A photoluminescence color or colors is merely an alternative color or colors to what EP-814 indicates in paragraph [0008 and 0012] (see above). EP-814 does not limit the scope of what constitutes as a color that can be employed with the invention, and having or using a photoluminescence color or colors would fall into the concept of what EP-814 sets forth as a color or colors that could possibly be employed.
A photoluminescence color or colors can enhance a component/structure by making it more visually discernable with its particular color, can enhance security by providing an ability to be better visible in comparison with other colors, and alternatively, the use of a photoluminescence color or colors would yield the same predictable result(s) of providing a means of visualizing the nature of the connection and for allowing the technical characteristics of the fitting to be immediately perceptible.
Accordingly, the examiner is taking Official notice that a photoluminescence color or colors is old and well-known, for the purpose of enhancing a component/structure by making it more visually discernable with its particular color, can enhance security by providing an ability to be better visible in comparison with other colors, and alternatively, the use of a photoluminescence color or colors would yield the same predictable result(s) of providing a means of visualizing the nature of the connection and for allowing the technical characteristics of the fitting to be immediately perceptible.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to have modified the device of EP-814, to have had/used one or more photoluminescence colors, for the purpose of enhancing a component/structure by making it more visually discernable with its particular color, can enhance security by providing an ability to be better visible in comparison with other colors, and alternatively, the use of a photoluminescence color or colors would yield the same predictable result(s) of providing a means of visualizing the nature of the connection and for allowing the technical characteristics of the fitting to be immediately perceptible.
Note that such a combination would have been a reasonable combination since EP-814 already discloses one form of color code and the one or more photoluminescence colors is merely an alternative form of color code(s).
Re Clm 2: EP-814 as modified by Arment above, discloses wherein the heat shrunk plastic ring comprises a reflective material ([0002-0014], since a specific color is viewed, the reflection of that wavelength(s) of light is seen).
Re Clm 4: EP-814 as modified by Arment above, discloses wherein the characteristics of the sealing element comprises at least one of a type of sealing element, pressure suitability, or temperature suitability (at least at atmospheric pressures or at room temperature).
Re Clm 5: EP-814 as modified by Arment above, discloses wherein the characteristics of the sealing element comprises a type of sealing element, wherein the type of sealing element comprises at least one of a material.
EP-814 as modified by Arment fails to disclose that the disclosed material is at least one of ethylene-propylene-diene monomer (EPDM), hydrogenated nitrile butadiene rubber (HNBR), fluoroelastomer (FKM), polytetrafluoroethylene (PTFE), or polychloroprene.
Ethylene-propylene-diene monomer (EPDM), hydrogenated nitrile butadiene rubber (HNBR), fluoroelastomer (FKM), polytetrafluoroethylene (PTFE), or polychloroprene are a readily available material that can withstand relatively high pressure, is easy to form, alternatively, such materials can yield the same predictable result of being used in a structure to form a leak free joint.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to have modified the device of EP-814 as modified by Arment, to have been made of at least one of ethylene-propylene-diene monomer (EPDM), hydrogenated nitrile butadiene rubber (HNBR), fluoroelastomer (FKM), polytetrafluoroethylene (PTFE), or polychloroprene, for the purpose of providing a means to withstand relatively high pressure, is easy to form, alternatively, copper is a material which can yield the same predictable result of being used in a structure that is leak free and sufficiently strong to prevent rupture.
Note that it has been held to be within the general skill of a worker in the art to select known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Re Clm 9: EP-814 as modified by Arment above, discloses wherein the sealing element is configured to be driven inwardly into a sealing contact and engages with the male pipe or fitting in response to the crimping force being applied to the heat shrunk plastic ring (the sealing element is made to or is capable of being driven inwardly into a sealing contact with the male pipe or fitting in response to the crimping force being applied to the heat shrunk plastic ring).
Re Clm 10: EP-814 as modified by Arment above, discloses wherein the heat shrunk plastic ring comprises one or more perforated lines designed to break at the one or more perforated lines and separate from the pipe section in response to the crimping force ([0002-0014]).
Re Clm 11: EP-814 as modified by Arment above, discloses the heat shrunk plastic ring comprises a varying thickness (the thickness varies from 3 to the apex of 4, such as in Fig. 1) and is configured to break at a thin area thereof ([0002-0014]).
Re Clm 12: EP-814 as modified by Arment above, discloses wherein the heat shrunk plastic ring has a uniform thickness at a yield strength and is designed to break in response to the crimping force ([0002-0014] and see Fig. 1 where the thickness is uniform on 3).
Re Clm 14: EP-814 as modified by Arment above, discloses wherein the heat shrunk plastic ring is designed to break with the crimping force.
EP-814 as modified by Arment fails to disclose that the disclosed breakage occurs at 20% of the disclosed crimping force.
EP-814’s ring fails at a given force but the specific force(s) is not expressly disclosed. Having a specific force for failure illustrates proper force was applied, for the purpose of forming a leak free joint.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to have modified the device of EP-814 as modified by Arment, to have had the disclosed breakage occurs at 20% of the disclosed crimping force, for the purpose of providing a means to form a leak free joint and indicate assembly of components
Note that it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233. Alternatively, it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 167 F.2d 272, 205 USPQ 215 (CCPA 1980).
Re Clm 15: EP-814 discloses a female press fitting (see Figs. 1, 3, and 4 and [0003-0016]) designed to receive a male pipe or fitting and comprising: a pipe section (the pipe section that include 4 and the other 4) comprising at least two ends (one end that contains 3 and another end which contains the other 3); one or more raised beads (the one raised bead covered by 4) forming in the pipe section adjacent to the at least two ends (see Figs. 1, 3, and 4); a sealing element (see [0002-0008, 0012, 0013] and claim 1, note that there is a sealing element present ether after or because of the crimping process); and a ring (4, [0007]) extending over and around the one or more raised beads and held on the pipe section (see Figs. 1, 3, and 4), wherein the ring is designed to break ([0002-0008, 0012, 0013] and claims 1-7) in response to a crimping force being applied to the ring ([0002-0008, 0012, 0013] and claims 1-7), wherein the ring comprises a material permitting visual identification in low light environment
EP-814 fails to disclose that the disclosed raised bead of EP-81 has formed an internal groove; and that the disclosed sealing element is disposed in the one or more internal grooves underneath the one or more raised beads (where the sealing element is an O-ring), wherein the disclosed ring comprises paper.
However, Arment discloses a pipe connection, similar to that of EP-814. Arment also teaches an internal groove with a sealing member in the groove (where the sealing element is an O-ring). Where such would allow for a leak free joint to be made. Accordingly, Arment teaches an internal groove (24) with a sealing member (32, where the sealing element is an O-ring) in the groove (see Figs. 1(b)-2(d)), for the purpose of providing a means or an alternative means for forming a leak free joint.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to have modified the device of EP-814, to have had the disclosed raised bead of EP-81 to have had formed an internal groove; and that the disclosed sealing element is disposed in the one or more internal grooves underneath the one or more raised beads (where the sealing element is an O-ring)d, as taught by Arment, for the purpose of providing a means to form a leak free joint. Note that such a combination would have been a reasonable combination since EP-814 already appears to disclose such, but, is silent as to the specifics of the arrangements in the illustrated figures.
Paper being an inexpensive product, readily available product, and a biodegradable product, for the purpose of reducing cost and environmental harm, alternatively, paper would have yielded the same predictable result of allowing an indication means for a joint assembly means to be formed and used in the indication of correct assembly of said joint.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to have modified the device of EP-814, to have employed the disclosed ring comprises paper, for the purpose of reducing cost and environmental harm, alternatively, paper would have yielded the same predictable result of allowing an indication means for a joint assembly means to be formed and used in the indication of correct assembly of said joint. Note that the use of such a material would be merely an exchange of one material for another.
Note that it has been held to be within the general skill of a worker in the art to select known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
EP-814 also fails to specifically disclose that the disclosed material is a photoluminescence material.
Note that EP-814 discloses in paragraph [0008] “Advantageously, the sleeve provides a means of visualizing the nature of the connection. Indeed, the sleeve may, for example, have a particular color… Similarly, the technical characteristics of the fitting can be immediately perceptible depending on the color…” and in paragraph [0012] “Sleeve 4 has a specific color and thus constitutes a means of visualization…” Accordingly, EP-814 clearly demonstrates that the material is a material with color that is used for permitting visual identification.
A photoluminescence material is merely an alternative material/color to what EP-814 indicates in paragraph [0008 and 0012] (see above). EP-814 does not limit the scope of what constitutes as a material/color that can be employed with the invention, and having or using a photoluminescence material/color would fall into the concept of what EP-814 sets forth as a material/color that could possibly be employed.
A photoluminescence material/color can enhance a component/structure by making it more visually discernable with its particular material/color, can enhance security by providing an ability to be better visible in comparison with other materials/colors, and alternatively, the use of a photoluminescence material/color would yield the same predictable result(s) of providing a means of visualizing the nature of the connection and for allowing the technical characteristics of the fitting to be immediately perceptible.
Accordingly, the examiner is taking Official notice that a photoluminescence material/color is old and well-known, for the purpose of enhancing a component/structure by making it more visually discernable with its particular material/color, can enhance security by providing an ability to be better visible in comparison with other material/color, and alternatively, the use of a photoluminescence material/color would yield the same predictable result(s) of providing a means of visualizing the nature of the connection and for allowing the technical characteristics of the fitting to be immediately perceptible.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to have modified the device of EP-814, to have had/used a photoluminescence material/color, for the purpose of enhancing a component/structure by making it more visually discernable with its particular material/color, can enhance security by providing an ability to be better visible in comparison with other material/color, and alternatively, the use of a photoluminescence material/color would yield the same predictable result(s) of providing a means of visualizing the nature of the connection and for allowing the technical characteristics of the fitting to be immediately perceptible.
Note that such a combination would have been a reasonable combination since EP-814 already discloses a material/color and the photoluminescence material/color is merely an alternative material/color.
Re Clm 16: EP-814 as modified by Arment above, discloses wherein a presence of the ring on the female press fitting that has received the male pipe or fitting indicates that the female press fitting has not been crimped or has been improperly crimped ([0002-0014] and claims 1-7).
Re Clm 17: EP-814 as modified by Arment above, discloses wherein the ring is at least partly reflective ([0002-0014], since a specific color is viewed, the reflection of that wavelength(s) of light is seen).
Re Clm 20: EP-814 discloses a female press fitting (see Figs. 1, 3, and 4 and [0003-0016]) comprising: a pipe section (the pipe section that include 4 and the other 4); one or more raised beads (the one raised bead covered by 4) forming in the pipe section; one or more rings (4, [0007]) extending over and around the one or more raised beads and held on the pipe section (see Figs. 1, 3, and 4); and a sealing element, wherein the sealing element forming a sealing contact with a male pipe in response to a crimping force applied to the one more raised bead ([0002-0008, 0012, 0013] and claims 1-7), and wherein the one or more rings are designed to break in response to a crimping force being applied to the one or more rings ([0002-0008, 0012, 0013] and claims 1-7) to indicate that the female press fitting has been properly crimped ([0002-0008, 0012, 0013] and claims 1-7), wherein the one or more rings is at least partly reflective ([0002-0014], since a specific color is viewed, the reflection of that wavelength(s) of light is seen) and from a material permitting visual identification in low light environment.
EP-814 fails to disclose that the disclosed raised bead of EP-81 has formed an internal groove; and that the disclosed sealing element is disposed in the one or more internal grooves (where the sealing element is an O-ring), wherein the disclosed ring comprises metallic foil.
However, Arment discloses a pipe connection, similar to that of EP-814. Arment also teaches an internal groove with a sealing member in the groove (where the sealing element is an O-ring). Where such would allow for a leak free joint to be made. Accordingly, Arment teaches an internal groove (24) with a sealing member (32, where the sealing element is an O-ring) in the groove (see Figs. 1(b)-2(d)), for the purpose of providing a means or an alternative means for forming a leak free joint.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to have modified the device of EP-814, to have had the disclosed raised bead of EP-81 to have had formed an internal groove; and that the disclosed sealing element is disposed in the one or more internal grooves (where the sealing element is an O-ring)d, as taught by Arment, for the purpose of providing a means to form a leak free joint. Note that such a combination would have been a reasonable combination since EP-814 already appears to disclose such, but, is silent as to the specifics of the arrangements in the illustrated figures.
Metallic foil being an inexpensive product, readily available product, and an ecological product, for the purpose of reducing cost and environmental harm, alternatively, metallic foil would have yielded the same predictable result of allowing an indication means for a joint assembly means to be formed and used in the indication of correct assembly of said joint.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to have modified the device of EP-814, to have employed the disclosed ring comprising metallic foil, for the purpose of reducing cost and environmental harm, alternatively, metallic foil would have yielded the same predictable result of allowing an indication means for a joint assembly means to be formed and used in the indication of correct assembly of said joint. Note that the use of such a material would be merely an exchange of one material for another.
Note that it has been held to be within the general skill of a worker in the art to select known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
EP-814 also fails to specifically disclose that the disclosed material is a photoluminescence material.
Note that EP-814 discloses in paragraph [0008] “Advantageously, the sleeve provides a means of visualizing the nature of the connection. Indeed, the sleeve may, for example, have a particular color… Similarly, the technical characteristics of the fitting can be immediately perceptible depending on the color…” and in paragraph [0012] “Sleeve 4 has a specific color and thus constitutes a means of visualization…” Accordingly, EP-814 clearly demonstrates that the material is a material with color that is used for permitting visual identification.
A photoluminescence material is merely an alternative material/color to what EP-814 indicates in paragraph [0008 and 0012] (see above). EP-814 does not limit the scope of what constitutes as a material/color that can be employed with the invention, and having or using a photoluminescence material/color would fall into the concept of what EP-814 sets forth as a material/color that could possibly be employed.
A photoluminescence material/color can enhance a component/structure by making it more visually discernable with its particular material/color, can enhance security by providing an ability to be better visible in comparison with other materials/colors, and alternatively, the use of a photoluminescence material/color would yield the same predictable result(s) of providing a means of visualizing the nature of the connection and for allowing the technical characteristics of the fitting to be immediately perceptible.
Accordingly, the examiner is taking Official notice that a photoluminescence material/color is old and well-known, for the purpose of enhancing a component/structure by making it more visually discernable with its particular material/color, can enhance security by providing an ability to be better visible in comparison with other material/color, and alternatively, the use of a photoluminescence material/color would yield the same predictable result(s) of providing a means of visualizing the nature of the connection and for allowing the technical characteristics of the fitting to be immediately perceptible.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to have modified the device of EP-814, to have had/used a photoluminescence material/color, for the purpose of enhancing a component/structure by making it more visually discernable with its particular material/color, can enhance security by providing an ability to be better visible in comparison with other material/color, and alternatively, the use of a photoluminescence material/color would yield the same predictable result(s) of providing a means of visualizing the nature of the connection and for allowing the technical characteristics of the fitting to be immediately perceptible.
Note that such a combination would have been a reasonable combination since EP-814 already discloses a material/color and the photoluminescence material/color is merely an alternative material/color.
Allowable Subject Matter
Claim 13 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.
Claim 21 is allowed as it has incorporated the material from claim 13 which was indicated as allowable subject matter in the previous Office action.
As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
Response to Arguments
Applicant's arguments filed 01/26/2026 have been fully considered but they are not persuasive.
Applicant argues, on page 12 in line 9 through page 15 line 2, that EP-814 fails to disclose that a heat shrunk plastic ring comprises one or more photoluminescence colors based on characteristics of the sealing element permitting visual identification in a low light environment is not taught or disclosed. The concept of the use of the photoluminescence color is not found in either reference.
This is not persuasive.
Element 4 of EP-814 is a heat shrunk plastic ring and paragraph [0012] of EP-814 sets forth so. EP-814 also discloses in paragraph [0008] “Advantageously, the sleeve provides a means of visualizing the nature of the connection. Indeed, the sleeve may, for example, have a particular color… Similarly, the technical characteristics of the fitting can be immediately perceptible depending on the color…” and in paragraph [0012] “Sleeve 4 has a specific color and thus constitutes a means of visualization…” Accordingly, EP-814 clearly demonstrates that the material is a material with color that is used for permitting visual identification.
EP-814 merely fails to specifically, expressly, disclose that the disclosed one or more colors is photoluminescence in nature.
A photoluminescence color or colors is merely an alternative color or colors to what EP-814 indicates in paragraph [0008 and 0012] (see above). EP-814 does not limit the scope of what constitutes as a color that can be employed with the invention, and having or using a photoluminescence color or colors would fall into the concept of what EP-814 sets forth as a color or colors that could possibly be employed.
The examiner took Official notice that a photoluminescence color or colors is old and well-known, for the purpose of enhancing a component/structure by making it more visually discernable with its particular color, can enhance security by providing an ability to be better visible in comparison with other colors, and alternatively, the use of a photoluminescence color or colors would yield the same predictable result(s) of providing a means of visualizing the nature of the connection and for allowing the technical characteristics of the fitting to be immediately perceptible.
Note a brief history of photoluminescence color(s), where in the 1600 Vincenzo Casciarolo discovered a material that glows in the dark, in the 1800 Sir George Stokes defined fluorescence, explaining how materials absorb UV light and re-emit visible light, in the 1930s-1950s day-visible glowing colors were made/produced, in 1993 a safe material revolutionized watch luminescence with various colors, replacing the once used tritium, and so on.
Note that any argument(s) directed towards criticality and/or unexpected results and/or design choice is/are moot as the position has not been maintained at this time in the above rejections.
All claims specifically not argued will stand or fall with the claim from which it/they depend.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The following documents have structural features (features for visibility) which are similar to the applicant' s claimed invention; EP-3431570-A1, CN-1234417-A, and WO-2018182437-A1.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES A LINFORD whose telephone number is (571)270-3066. The examiner can normally be reached Monday thru Friday: 8:00 am to 5:00 pm Eastern Time.
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, Matthew Troutman can be reached at (571) 270-3654. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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JAMES ALBERT LINFORD
Examiner
Art Unit 3679
03/04/2026
/Matthew Troutman/Supervisory Patent Examiner, Art Unit 3679