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 .
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.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 7 May 2026 has been entered.
Claim Objections
Claim 22 is objected to because of the following informalities:
In Claim 22, line 11, “in closed state” should likely read “in the closed state”.
Appropriate correction is required.
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 34-36 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.
Claim 34 recites the limitation "the exterior shoulder" in line 2. There is insufficient antecedent basis for this limitation in the claim. For purposes of examination, “the exterior shoulder” will be interpreted as directed to “a shoulder” from Claim 10, line 14.
Claim 35 recites the limitation “a tube fitting” in line 3. This limitation is unclear because it is unclear if it is the same tube fitting from Claim 10 or a different tube fitting.
Claims not specifically referenced are rejected as being dependent on a rejected base claim.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 10, 15-17, 21-22, 31 and 34-35 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schultz et al (US 5,769,465) in view of Mueller (US 2,685,461).
Regarding Claim 10, Schultz et al disclose an adapter (Figures 1-3). The adapter comprising:
an adapter housing (10) defining an internal passageway (20 comprising both the horizontal and vertical portions from the service side opening to the tube side opening as seen in Annotated Figure A) permitting fluid communication through a tube side opening (see Annotated Figure A) on a tube side of the adapter housing (to the right at the tube side opening as shown in Annotated Figure A) and a service side opening (see Annotated Figure A) on a service side (at top at the service side opening as shown in Annotated Figure A) of the adapter housing (10), wherein the tube side opening (see Annotated Figure A) is adapted to receive a tube fitting (12);
a valve core (18) positioned within the internal passageway (20 comprising both the horizontal and vertical portions from the service side opening to the tube side opening as seen in Annotated Figure A) and between the tube side opening (see Annotated Figure A) and the service side opening (see Annotated Figure A), wherein the valve core (18) is movable between an open state (when the valve is moved downward in the orientation of Figure 1 and the valve seat shown in Annotated Figure A unseats) and a closed state (shown in Figure 1), wherein the tube side opening (see Annotated Figure A) is in fluid communication with the service side opening (see Annotated Figure A) when the valve core is in the open state (when the valve is moved downward in the orientation of Figure 1 and the valve seat shown in Annotated Figure A unseats), and wherein the valve core (18) prevents fluid communication between the tube side opening (see Annotated Figure A) and the service side opening (see Annotated Figure A) when the valve core is in the closed state (Figure 1);
wherein the adapter housing (10) further comprises:
a deformable flange (22) on the tube side (see Annotated Figure A) of the adapter housing (10), wherein the deformable flange (22) is configured to be deformed over a shoulder (16) of the tube fitting (12) to couple the tube fitting (12) to the housing (10);
a groove (26; forming a groove on the interior surface of the body 10) on the tube side (see Annotated Figure A) of the adapter housing (10) between the deformable flange (22) and the valve core (18); and
wherein the adapter housing carries a circumferential seal (o-ring 28) positioned and retained within the groove (Figure 2 with seal 28 within groove 26) on the tube side of the adapter housing (see Annotated Figure A) between the deformable flange and the valve core (see Annotated Figure A) wherein the circumferential seal (o-ring 28) is configured to provide a fluid seal between the tube fitting and the adapter housing (Figure 2 shows the o-ring seal 28 located between the housing 10 and tube fitting 12 to seal the area between them, thereby forming a fluid seal),
but fails to expressly disclose where the groove is formed in an inner surface of the adapter housing; and
an internal shoulder within the internal passageway on the tube side of the adapter housing, wherein a service-side surface of the internal shoulder forms a bottom wall of the groove and wherein a tube-side surface of the internal shoulder forms an axial stop for the shoulder of the tube fitting when the tube fitting is received in the tube side opening; and wherein the adapter housing carries a circumferential seal positioned and retained within the groove on the tube side of the adapter housing between the deformable flange and the valve core prior to and after receipt of the tube fitting in the tube side opening.
Mueller teaches a pipe coupling (Figure 1) with an adapter housing (16) with a groove (30) where the groove is formed in an inner surface (of 25; Figure 1) of the adapter housing (16); and
an internal shoulder (see Annotated Figure B) within the internal passageway (within 16 of Figure 1) on the tube side of the adapter housing (see Annotated Figure B), wherein a service-side surface (see Annotated Figure B) of the internal shoulder (see Annotated Figure B) forms a bottom wall of the groove (where the wall will be “bottom” when orientated on the right end from the orientation of Figure 1) and wherein a tube-side surface (see Annotated Figure B) of the internal shoulder (see Annotated Figure B) forms an axial stop for the shoulder (13) of the tube fitting (11) when the tube fitting is received in the tube side opening (Figure 1); and
wherein the adapter housing (16) carries a circumferential seal (32) positioned and retained within the groove (within 30) on the tube side of the adapter housing (see Annotated Figure B) prior to and after receipt of the tube fitting in the tube side opening (at least Figure 4 shows that the tube fitting does not carry or hold the circumferential seal, therefore the adapter housing holds the seal prior to and after receipt of the tube fitting for the circumferential seal to be present as shown in Figure 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the adapter of Schultz et al with the coupling as taught by Mueller for the advantage of combining prior art elements according to known methods (the circumferential seal and groove of Mueller with the adapter housing of Schultz et al) to yield predictable results (to secure and seal the tube fitting in the adapter housing).
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Annotated Figure A - Schultz et al
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Annotated Figure B - Mueller
Regarding Claim 15, Schultz et al disclose where the deformable flange (22) further comprises raised portions (24; Col 2, lines 42-47) configured to grip the tube fitting (Col 3, lines 17-22 disclose where the raised portions prevent rotation of the tube fitting, which would read on the limitation since the grip of the raised portions prevents the rotation of the tube fitting).
Regarding Claim 16, Schultz et al disclose where the raised portions (24) are knurls (Col 2, lines 42-47).
Regarding Claim 17, Schultz et al disclose where the deformable flange (22) further comprises an elongate portion (32) that extends past the shoulder (16) of the tube fitting (12) when the deformable flange (22) is deformed (Figure 3) and is configured to provide stability to the coupling of the tube fitting to the housing (Col 3, lines 14-17 disclose where the elongate portion 32 is provided to support the tube, thereby reading on the limitation because providing support provides stability to the coupling between the tube fitting and the housing).
Regarding Claim 21, Schultz et al disclose where a length of the deformable flange (22 in Figures 1-3) is sized to extend past the shoulder (16) of the tube fitting (12) when the deformable flange is undeformed (Figure 2).
Regarding Claim 22, Schultz et al disclose an adapter (Figures 1-3). The adapter comprising:
an adapter housing (10) defining an internal passageway (20 comprising both the horizontal and vertical portions from the service side opening to the tube side opening as seen in Annotated Figure A) permitting fluid communication through a tube side opening (see Annotated Figure A) on a tube side (to the right at the tube side opening as shown in Annotated Figure A) of the adapter housing (10) and a service side opening (see Annotated Figure A) on a service side (at top at the service side opening as shown in Annotated Figure A) of the adapter housing (10), wherein the tube side opening (see Annotated Figure A) is adapted to receive a tube fitting (12);
a valve core (18) positioned within the internal passageway (20 comprising both the horizontal and vertical portions from the service side opening to the tube side opening as seen in Annotated Figure A) and between the tube side opening (see Annotated Figure A) and the service side opening (see Annotated Figure A), wherein the valve core (18) is movable between an open state (when the valve is moved downward in the orientation of Figure 1 and the valve seat shown in Annotated Figure A unseats) and a closed state (shown in Figure 1), wherein the tube side opening (see Annotated Figure A) is in fluid communication with the service side opening (see Annotated Figure A) when the valve core is in the open state (when the valve is moved downward in the orientation of Figure 1 and the valve seat shown in Annotated Figure A unseats), and wherein the valve core (18) prevents fluid communication between the tube side opening (see Annotated Figure A) and the service side opening (see Annotated Figure A) when the valve core is in the closed state (Figure 1);
wherein the adapter housing (10) further comprises:
a deformable flange (22) on the tube side (see Annotated Figure A) of the housing (10) comprising an elongate portion (32) that extends past a shoulder (16) of the tube fitting (12) when the deformable flange (22) is deformed (Figure 3), wherein the deformable flange (22) is configured to be deformed over the shoulder (16) of the tube fitting (12) to couple the tube fitting (12) to the adapter housing (10); and the elongate portion (32) is configured to provide stability to a coupling of the tube fitting to the adapter housing (Col 3, lines 14-17 disclose where the elongate portion 32 is provided to support the tube, thereby reading on the limitation because providing support provides stability to the coupling between the tube fitting and the housing);
a groove (26; forming a groove on the interior surface of the body 10) on the tube side (see Annotated Figure A) of the adapter housing (10) between the deformable flange (22) and the valve core (18); and
wherein the adapter housing carries a circumferential seal (o-ring 28) positioned and retained within the groove (Figure 2 with seal 28 within groove 26) on the tube side of the adapter housing (see Annotated Figure A) between the deformable flange and the valve core (see Annotated Figure A) wherein the circumferential seal (o-ring 28) is configured to provide a fluid seal between the tube fitting and the adapter housing (Figure 2 shows the o-ring seal 28 located between the housing 10 and tube fitting 12 to seal the area between them, thereby forming a fluid seal),
but fails to expressly disclose where the groove is formed in an inner surface of the adapter housing; and
an internal shoulder within the internal passageway on the tube side of the adapter housing, wherein a service-side surface of the internal shoulder forms a bottom wall of the groove and wherein a tube-side surface of the internal shoulder forms an axial stop for the shoulder of the tube fitting when the tube fitting is received in the tube side opening; and wherein the adapter housing carries a circumferential seal positioned and retained within the groove on the tube side of the adapter housing between the deformable flange and the valve core prior to and after receipt of the tube fitting in the tube side opening.
Mueller teaches a pipe coupling (Figure 1) with an adapter housing (16) with a groove (30) where the groove is formed in an inner surface (of 25; Figure 1) of the adapter housing (16); and
an internal shoulder (see Annotated Figure B) within the internal passageway (within 16 of Figure 1) on the tube side of the adapter housing (see Annotated Figure B), wherein a service-side surface (see Annotated Figure B) of the internal shoulder (see Annotated Figure B) forms a bottom wall of the groove (where the wall will be “bottom” when orientated on the right end from the orientation of Figure 1) and wherein a tube-side surface (see Annotated Figure B) of the internal shoulder (see Annotated Figure B) forms an axial stop for the shoulder (13) of the tube fitting (11) when the tube fitting is received in the tube side opening (Figure 1); and
wherein the adapter housing (16) carries a circumferential seal (32) positioned and retained within the groove (within 30) on the tube side of the adapter housing (see Annotated Figure B) prior to and after receipt of the tube fitting in the tube side opening (at least Figure 4 shows that the tube fitting does not carry or hold the circumferential seal, therefore the adapter housing holds the seal prior to and after receipt of the tube fitting for the circumferential seal to be present as shown in Figure 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the adapter of Schultz et al with the coupling as taught by Mueller for the advantage of combining prior art elements according to known methods (the circumferential seal and groove of Mueller with the adapter housing of Schultz et al) to yield predictable results (to secure and seal the tube fitting in the adapter housing).
Regarding Claim 31, Mueller teaches where a height of the groove is generally equal to a height of the circumferential seal (of seal 32 seen in Figure 1).
Regarding Claim 34, Schultz et al disclose where the deformable flange, when deformed over the exterior shoulder of the tube fitting, prevents rotation of the adapter housing relative to the tube fitting (Col 3, lines 17-20).
Regarding Claim 35, Schultz et al disclose where the adapter (Figures 1-3) is configured to convert from a first valve configuration (the deformed connection) to a second valve configuration (a threaded connection), wherein the tube side opening is configured to receive a tube fitting of the first valve configuration (Figure 3) and the service side opening provides a connection interface of the second valve configuration (Figure 1).
Claim(s) 11-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schultz et al (US 5,769,465) in view of Mueller (US 2,685,461) in further view of Bechu (US 4,993,756).
Regarding Claim 11, Schultz et al, as modified by Mueller teach all essential elements of the current invention as discussed above but fails to expressly disclose where the circumferential seal is made of an elastomeric material.
Bechu teaches an adapter (5 generally), a tube fitting (2 generally), a deformable flange (10) and a circumferential seal (9), where the circumferential seal (9) is made of an elastomeric material (Col 5, line 10).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the application to modify the circumferential seal of Schultz et al, as modified by Mueller to be made from an elastomeric material as taught by Bechu since selection of a known material on the basis of its suitability for an intended use involves only routine skill in the art. The motivation for doing so would be to provide a commonly used material that is inexpensive and durable.
Regarding Claim 12, Schultz et al disclose where the circumferential seal (28) is one of an O- ring, butterfly ring, or rectangular ring (an o-ring is disclosed in Col 2, line 56).
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schultz et al (US 5,769,465) in view of Mueller (US 2,685,461) in further view of Mullins (US 3,815,624).
Regarding Claim 13, Schultz et al, as modified by Mueller teach all essential elements of the current invention as discussed above but fails to expressly disclose where the adapter housing further comprises a pair of opposing flat surfaces positioned on an exterior surface of the adapter housing.
Mullins teaches an adapter housing (12) where the adapter housing (12) further comprises a pair of opposing flat surfaces (Figure 1 at 28) positioned on an exterior surface of the adapter housing (Figure 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the adapter housing of Schultz et al, as modified by Mueller, with the pair of opposing flat surfaces as taught by Mullins for the advantage of providing wrench flats (Col 3, lines 11-14) to assist in connecting the housing adapter to the system, as taught by Mullins (Col 3, lines 65-67).
Claim(s) 14, 23, 26-27, 33 and 37 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schultz et al (US 5,769,465) in view of Mueller (US 2,685,461) in further view of Wöhner et al (US 10,328,767).
Regarding Claim 14, Schultz et al disclose where the adapter housing (10) further comprises a retainable shoulder (see Annotated Figure A) on an exterior surface (the outside surface as seen in Figure 1) of the service side (see Annotated Figure A at the service side opening) of the adapter housing (10), wherein the retainable shoulder comprises a retainable surface (at the service side opening of Annotated Figure A), but fails to expressly disclose where the retainable surface is connectable to an automobile servicing equipment.
Wöhner et al teach an adapter system (Figures 1-2) with a first adapter (one of the adapters 22; Col 2, lines 27-36) with a retainable surface (exterior of 28) where the retainable surface is connectable to an automobile servicing equipment (Col 2, lines 27-36).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the application to provide the adapter of Schultz et al, as modified by Mueller to be used in the automobile air conditioning system of Wöhner et al for the purpose of utilizing the adapter of Schultz et al in an automobile air conditioning system in which adapters are known and desired.
Regarding Claim 23, Schultz et al disclose where the adapter housing (10) further comprises a retainable shoulder (see Annotated Figure A) on an exterior surface (the outside surface as seen in Figure 1) of the service side (see Annotated Figure A at the service side opening) of the adapter housing (10), wherein the retainable shoulder comprises a retainable surface (at the service side opening of Annotated Figure A), but fails to expressly disclose where the retainable surface is connectable to an automobile servicing equipment.
Wöhner et al teach an adapter system (Figures 1-2) with a first adapter (one of the adapters 22; Col 2, lines 27-36) with a retainable surface (exterior of 28) where the retainable surface is connectable to an automobile servicing equipment (Col 2, lines 27-36).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the application to provide the adapter of Schultz et al, as modified by Mueller to be used in the automobile air conditioning system of Wöhner et al for the purpose of utilizing the adapter of Schultz et al in an automobile air conditioning system in which adapters are known and desired.
Regarding Claim 26, Schultz et al disclose an adapter system (Col 1, lines 5-12). The adapter system comprising:
an adapter (Figures 1-3) comprising:
an adapter housing (10) defining an internal passageway (20 comprising both the horizontal and vertical portions from the service side opening to the tube side opening as seen in Annotated Figure A) permitting fluid communication through a tube side opening (see Annotated Figure A) on a tube side of the adapter housing (see Annotated Figure A at the tube side opening) and a service side opening (see Annotated Figure A) on a service side (see Annotated Figure A) of the adapter housing (10), wherein the tube side opening (see Annotated Figure A) is adapted to receive a tube fitting (12) of the automobile air conditioning system (Col 1, lines 5-12);
a valve core (18) positioned within the internal passageway (20 comprising both the horizontal and vertical portions from the service side opening to the tube side opening as seen in Annotated Figure A) and between the tube side opening (see Annotated Figure A) and the service side opening (see Annotated Figure A), wherein the valve core (18) is movable between an open state (when the valve is moved downward in the orientation of Figure 1 and the valve seat shown in Annotated Figure A unseats) and a closed state (shown in Figure 1), wherein the tube side opening (see Annotated Figure A) is in fluid communication with the service side opening (see Annotated Figure A) when the valve core is in the open state (when the valve is moved downward in the orientation of Figure 1 and the valve seat shown in Annotated Figure A unseats), and wherein the valve core (18) prevents fluid communication between the tube side opening (see Annotated Figure A) and the service side opening (see Annotated Figure A) when the valve core is in the closed state (Figure 1);
wherein the housing (10) further comprises:
a deformable flange (22) on the tube side (see Annotated Figure A) of the adapter housing (10), wherein the deformable flange (22) is configured to be deformed over a shoulder (16) of the tube fitting (12) to couple the tube fitting (12) to the adapter housing (10);
a groove (26; forming a groove on the interior surface of the body 10) on the tube side (see Annotated Figure A) of the adapter housing (10) between the deformable flange (22) and the valve core (18); and
wherein the adapter housing carries a circumferential seal (o-ring 28) positioned and retained within the groove (Figure 2 with seal 28 within groove 26) on the tube side of the adapter housing (see Annotated Figure A) between the deformable flange and the valve core (see Annotated Figure A) wherein the circumferential seal (o-ring 28) is configured to provide a fluid seal between the tube fitting and the adapter housing (Figure 2 shows the o-ring seal 28 located between the housing 10 and tube fitting 12 to seal the area between them, thereby forming a fluid seal),
but fails to expressly disclose a first adapter connectable to a high-pressure side of an automobile air conditioning system; and a second adapter connectable to a low-pressure side of the automobile air conditioning system; and
where the groove is formed in an inner surface of the adapter housing; and
an internal shoulder within the internal passageway on the tube side of the adapter housing, wherein a service-side surface of the internal shoulder forms a bottom wall of the groove and wherein a tube-side surface of the internal shoulder forms an axial stop for the shoulder of the tube fitting when the tube fitting is received in the tube side opening; and wherein the adapter housing carries a circumferential seal positioned and retained within the groove on the tube side of the adapter housing between the deformable flange and the valve core prior to and after receipt of the tube fitting in the tube side opening.
Mueller teaches a pipe coupling (Figure 1) with an adapter housing (16) with a groove (30) where the groove is formed in an inner surface (of 25; Figure 1) of the adapter housing (16); and
an internal shoulder (see Annotated Figure B) within the internal passageway (within 16 of Figure 1) on the tube side of the adapter housing (see Annotated Figure B), wherein a service-side surface (see Annotated Figure B) of the internal shoulder (see Annotated Figure B) forms a bottom wall of the groove (where the wall will be “bottom” when orientated on the right end from the orientation of Figure 1) and wherein a tube-side surface (see Annotated Figure B) of the internal shoulder (see Annotated Figure B) forms an axial stop for the shoulder (13) of the tube fitting (11) when the tube fitting is received in the tube side opening (Figure 1); and
wherein the adapter housing (16) carries a circumferential seal (32) positioned and retained within the groove (within 30) on the tube side of the adapter housing (see Annotated Figure B) prior to and after receipt of the tube fitting in the tube side opening (at least Figure 4 shows that the tube fitting does not carry or hold the circumferential seal, therefore the adapter housing holds the seal prior to and after receipt of the tube fitting for the circumferential seal to be present as shown in Figure 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the adapter of Schultz et al with the coupling as taught by Mueller for the advantage of combining prior art elements according to known methods (the circumferential seal and groove of Mueller with the adapter housing of Schultz et al) to yield predictable results (to secure and seal the tube fitting in the adapter housing).
Wöhner et al teach an adapter system (Figures 1-2) with a first adapter (one of the adapters 22; Col 2, lines 27-36) connected to a high-pressure side of an automobile air conditioning system (Col 2, lines 27-36) and a second adapter (the other of adapters 22; Col 2, lines 27-36) connected to a low-pressure side of the automobile air conditioning system (Col 2, lines 27-36).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the application to provide the adapter of Schultz et al to be used in the automobile air conditioning system of Wöhner et al for the purpose of utilizing the adapter of Schultz et al in an automobile air conditioning system in which adapters are known and desired.
Regarding Claim 27, Schultz et al disclose where the deformable flange (22) further comprises an elongate portion (32) that extends past the shoulder (16) of the tube fitting (12) when the deformable flange (22) is deformed (Figure 3) and is configured to provide stability to a coupling of the tube fitting to the adapter housing (Col 3, lines 14-17 disclose where the elongate portion 32 is provided to support the tube, thereby reading on the limitation because providing support provides stability to the coupling between the tube fitting and the housing).
Regarding Claim 33, Schultz et al, as modified by Mueller, teach all essential elements of the current invention as discussed above but fails to expressly teach where the service side opening and the adapter side opening are axially aligned.
Wöhner et al teach an adapter system (Figures 1-2) with a service side opening (upwards in the orientation of Figure 2) and an adapter side opening (being interpreted as the tube side opening as discussed above; downward in the orientation of Figures 1-2) where the openings are axially aligned (see Figures 1-2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the location of the openings to be axially aligned since rearranging parts of an invention involves only routine skill in the art. The motivation for doing so would be to provide an optimal arrangement of the ports based on user defined criteria.
Regarding Claim 37, Schultz et al, as modified by Mueller and Wöhner et al teach where the first adapter is configured to convert a high-pressure side service fitting (as taught by Wöhner et al as discussed above) having a first valve configuration (Schultz et al at 22 with a deformed fitting) to a second valve configuration (the threaded fitting of the service side opening as seen in Annotated Figure A), wherein the second valve configuration is different from the first valve configuration (Figure 1).
Claim(s) 32 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schultz et al (US 5,769,465) in view of Mueller (US 2,685,461) in further view of Woodling (US 2477676).
Regarding Claim 32, Schultz et al, as modified by Mueller teach all essential elements of the current invention as discussed above but fails to expressly teach a diameter of the tube side opening between the valve core and the groove is the same as a diameter of the tube side opening between the groove and the deformable flange.
Woodling teaches a diameter of the tube side opening between the valve core and the groove (at 23 to the left of groove 35 as seen in the orientation of Figure 3 where the valve core disclosed by Schultz et al, and located approximate 21 as the coupling of Woodling is incorporated into the valve of Schultz et al) is the same as a diameter of the tube side opening between the groove and the deformable flange (at 23 to the right of groove 35 as seen in the orientation of Figure 3 and Schultz et al disclose the deformable flange).
It would have been an obvious matter of design choice to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the diameter of the tube side opening of Schultz et al, as modified by Mueller with the diameters as taught by Woodling since such a modification would have involved a mere change in the size of a component, since it has been held that “where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentable distinct from the prior art device” Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 SPQ 232 (1984). A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955). MPEP § 2144.05(II)(A): Smith v. Nichols, 88 U.S. 112, 118-19 (1874) (a change in form, proportions, or degree "will not sustain a patent"); In re Williams, 36 F.2d 436, 438 (CCPA 1929) ("It is a settled principle of law that a mere carrying forward of an original patented conception involving only change of form, proportions, or degree, or the substitution of equivalents doing the same thing as the original invention, by substantially the same means, is not such an invention as will sustain a patent, even though the changes of the kind may produce better results than prior inventions."). In the instant case, the diameters of the tube side opening of Schultz et al, as modified by Mueller and Woodling would not operate differently with the claimed housing dimensions since the diameters function in the same manner as the inventor’s disclosed diameters.
Claim(s) 36 is/are rejected under 35 U.S.C. 103 as being unpatentable as obvious over Schultz et al (US 5,769,465) in view of Mueller (US 2,685,461).
Regarding Claim 36, Schultz et al disclose where the valve is used as a refrigerant filling valve (Col 2, lines 36-38) but fails to expressly disclose where the first valve configuration is an SAE R- 134a fitting configuration and the second valve configuration is an SAE R-1234yf fitting configuration.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the fittings to be where the first valve configuration is an SAE R- 134a fitting configuration and the second valve configuration is an SAE R-1234yf fitting configuration since a change in shape of an element involves only routine skill in the art. The motivation for doing so would be to provide attachment to various refrigerant systems.
Response to Arguments
Applicant’s amendment has overcome the rejection of record. However, a new ground of rejection is applied to the amended claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NICOLE GARDNER whose telephone number is (571)270-0144. The examiner can normally be reached Monday - Friday 8AM-4PM EST.
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 supervisors, KENNETH RINEHART (571-272-4881) or CRAIG SCHNEIDER (571-272-3607) can be reached by telephone. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/NICOLE GARDNER/
Examiner, Art Unit 3753
Prosecution Insights