DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Arment et al. 2016/0061536.
In regard to claim 1, Arment et al. discloses a fitting 26 (“for fluidically joining two sections of tubing, an end of one section of tubing having a straight end and an end of the other section of tubing having an expanded end” is considered an intended use limitation that carries little patentable weight in an apparatus claim. The fitting 26 is capable of accepting a tube with an expanded end at first section opening (right portion 26, with the larger diameter) and receiving a straight section of tubing at second section (left portion 26 with the smaller diameter) and is thus deemed to anticipate the intended use limitations of the claim), the fitting, comprising:
a generally cylindrical body having an inner wall and an outer wall, a first section (right 26 with the larger diameter) terminating at a first end, a transition region (tapered portion between ends 26) and a second section (smaller tapered portion 26) terminating at a second end, the first section having a diameter and the second section having a diameter smaller than the diameter of the first section;
an inwardly oriented stop wall (inner tapered wall of the tapered section) between the first section and the second section;
a first protuberance (bulge in right 26) in the body defining a first annular recess in the inner wall formed in the first section between the first end and the transition region; and
a second protuberance (bulge in left 26) in the body defining a second annular recess in the inner wall formed in the second section between the second end and the transition region,
wherein the first section (larger diameter portion 26) of the fitting is configured to receive a first section of tubing having an expanded end with the expanded end positioned against the stop wall, and wherein second section of the fitting (smaller portion 26) is configured to receive a second section of tubing having a straight end such that, when received by the fitting, the straight end of the second section of tubing is also received by the expanded end of the first section of tubing in the transition region of the fitting, and
wherein the fitting is configured to both secure the first section of tubing and the second section of tubing in the fitting and secure the straight end of the second section of tubing within the expanded end of the first section of tubing via crimps in the fitting (the fitting 26 of Arment et al. is capable of receiving a tube with an expanded end in the larger diameter portion side that would be inserted until it abuts the tapered transition portion, and a smaller tube could be inserted into the smaller fitting end and inserted past the tapered portion of 26 and into the larger tube inserted in the large side of 26).
In regard to claim 2, wherein the stop wall (conical surface) is at the transition region 19.
In regard to claim 3, further including a first seal 36 in the first recess and a second seal 36 in the second recess.
In regard to claim 4, wherein a wall thickness of the first section is substantially the same as a wall thickness of the second section (see fig. 11).
In regard to claim 5, wherein one or both of the first and second ends is flared 34.
In regard to claim 6, wherein the first protuberance has a greater outer diameter than an outer diameter of the second protuberance (see fig. 3).
In regard to claim 7, (the phrase “wherein a portion of the outer wall at the transition region is removed such that” is considered an product by process limitation that carries little patentable weight in an apparatus claim. Arment discloses the same structure, that being a wall of substantially the same thickness and is therefore deemed to anticipate the positively recited structural limitations of the claim) the wall thickness of the transition surface is substantially the same as a wall thickness of the fist section of the fitting and a wall thickness of the second section of the fitting (see figs. 11, 14 and 15 where the fitting maintains substantially the same wall thickness along the entire length of the fitting).
Allowable Subject Matter
Claims 8-16 are allowed.
Response to Arguments
Applicant's arguments filed 10/23/25 have been fully considered but they are not persuasive.
In regard to claim Arment, Applicant argues that Arment does not disclose a fitting that is “configured” to secure a tube with an expanded end to a smaller tube. The Examiner disagrees, as the fitting 26 of Arment et al. is capable of receiving a tube with an expanded end in the larger diameter portion side that would be inserted until it abuts the tapered transition portion, and a smaller tube could be inserted into the smaller fitting end and inserted past the tapered portion of 26 and into the larger tube inserted in the large side of 26. Therefore the rejection has been maintained.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection to claim 7 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 DAVID E. BOCHNA whose telephone number is (571)272-7078. The examiner can normally be reached Monday-Friday 8:00-5:30.
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/DAVID BOCHNA/Primary Examiner, Art Unit 3679