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 (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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 06/10/2026 has been entered.
The status of the claims for this application is as follows.
Claims 1-8 and 10-20 are currently pending.
Claim Objections
The claims are objected to because they include reference characters which are not enclosed within parentheses.
Reference characters corresponding to elements recited in the detailed description of the drawings and used in conjunction with the recitation of the same element or group of elements in the claims should be enclosed within parentheses so as to avoid confusion with other numbers or characters which may appear in the claims. See MPEP § 608.01(m). The “W sub SF” in claim 7 should be enclosed within parentheses.
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 and 8 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 1 recites “a second flange”. However, the claim is unclear as to how there can be a “second flange” when there is no “first flange”. What happened to or where is the first flange.
Claim 8 recites the limitation "the first flange". There is insufficient antecedent basis for this limitation in the claim.
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) 1-4, 6-8, 12, and 14-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by WO 2014109367, (hereinafter, WO-367).
At the outset the applicant is reminded that:
1. While features of an apparatus may be recited either structurally or functionally, claims directed to an apparatus must be distinguished from the prior art in terms of structure rather than function. In re Schreiber, 128 F.3d 1473, 1477-78, 44 USPQ2d 1429, 1431-32 (Fed. Cir. 1997).
2. A claim containing a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987).
Re Clm 1: WO-367 discloses a nut (see Figs. 1-10) for a connector assembly for a tube comprising:
an annular nut body (the body of 11) comprising a polymer ([0031]) and oriented down a central axis (see Figs. 1-10), the annular nut body comprising:
a circumferential split defining a first circumferential portion (the portion containing 160) and
a second circumferential portion (the portion containing 161),
wherein the first circumferential portion comprises a first circumferential end (see its end) and the second circumferential portion comprises a second circumferential end (see its end),
wherein the first circumferential end and the second circumferential end each comprise a coupling component (170) adapted to fix the first circumferential end and the second circumferential end together (see Fig. 7A),
wherein the annular nut body comprises a radially projecting portion (the portion that 51a extends from) comprising a second flange (51a) projecting radially outward (see Figs. 7A and 7B),
wherein the annular nut body comprises a pliable bridge portion (162) flexibly and integrally connecting the first circumferential portion and the second circumferential portion allowing for bending of the first circumferential portion relative to the second circumferential portion (as illustrated in Fig. 7B),
wherein the pliable bridge portion only spans a part of a circumference of the nut body circumferentially between the first circumferential portion and the second circumferential portion (as illustrated in Fig. 7B).
Re Clm 2: WO-367 discloses a nut (see Figs. 1-10) for a connector assembly for a tube comprising:
an annular nut body (the body of 10) comprising a polymer ([0031]) and oriented down a central axis (see Figs. 1-10), the annular nut body having a cross-section taken along the central axis comprising:
an axially projecting portion (the portion containing 10A) comprising exterior threadings (10A) and an end portion (see the end portion); and
a radially projecting portion (the portion that radially extends and is disposed axially adjacent to the axially projecting portion, such as 20) disposed axially adjacent to the axially projecting portion, wherein the radially projecting portion comprises a first flange (40) projecting radially inward (see Fig. 3), wherein at least one of the first flange or the end portion is adapted to seal against a neighboring component (see Fig. 3), and
wherein the annular nut body further comprises a circumferential split (23),
wherein the radially projecting portion comprises a second flange (30a) projecting radially outward (see Figs. 2A and 2B),
wherein the annular nut body comprises a pliable bridge portion (the portion containing 22) flexibly and integrally connecting a first circumferential portion (see Figs. 2A and 2B) and a second circumferential portion allowing for bending of the first circumferential portion relative to the second circumferential portion (see Figs. 2A and 2B),
wherein the pliable bridge portion only spans a part of a circumference of the nut body circumferentially between the first circumferential portion and the second circumferential portion (see Figs. 2A and 2B).
Re Clm 3: WO-367 discloses a connector assembly (see Figs. 1-10) for a tube comprising:
a body (the body of 11) provided with a cavity (see Fig. 6) extending in an axial direction (see Fig. 6),
a ring (140) adapted to be mounted at the periphery of a portion of the tube (see Fig. 6), the ring having at one end a support surface adapted to receive a curved end portion of the tube (see Fig. 6), and
a nut (10) adapted to be screwed onto the body so as to engage (interact with) the ring to press the curved end portion of the tube against a receiving surface (a surface of 121) in the axial direction (see Fig. 6), and
an annular receiving part (121) forming the receiving surface and removably mounted on the body,
wherein the nut comprises:
an annular nut body (the body of 10) comprising a polymer ([0031]) and oriented down a central axis (see Figs. 1-10), the annular nut body having a cross-section taken along the central axis comprising:
an axially projecting portion (the portion containing 10A) comprising exterior threadings (10A) and an end portion (see the end portion); and
a radially projecting portion (the portion that radially extends and is disposed axially adjacent to the axially projecting portion, such as 20) disposed axially adjacent to the axially projecting portion,
wherein at least one of 1) the radially projecting portion (the portion that radially extends and is disposed axially adjacent to the axially projecting portion, such as 20) comprises a first flange (40) projecting radially inward (see Fig. 3), wherein at least one of the first flange or the end portion is adapted to seal against receiving part (see Fig. 3),
or 2) wherein the annular nut body further comprises a circumferential split (23) between a first circumferential portion and a second circumferential portion (see Fig. 2A),
wherein the radially projecting portion comprises a second flange (30a) projecting radially outward (see Fig. 2A),
wherein the pliable bridge portion (the portion containing 22) flexibly and integrally connecting the first circumferential portion (see Figs. 2A and 2B) and the second circumferential portion allowing for bending of the first circumferential portion allowing for bending of the first circumferential portion relative to the second circumferential portion (see Figs. 2A and 2B),
wherein the pliable bridge portion only spans a part of a circumference of the nut body circumferentially between the first circumferential portion and the second circumferential portion (see Figs. 2A and 2B).
Re Clm 4: WO-367 discloses wherein the second flange comprises a discrete axially oriented tab (another 30a) disposed radially and adapted to lock the nut against a neighboring component (via, being a means to apply a securing force and/or tool).
Re Clm 6: WO-367 discloses wherein the axially oriented tab comprises a bridge portion (a middle portion) and a head portion (the radially outer most portion).
Re Clm 7: WO-367 discloses wherein the second flange has a width, WSF, that varies around a circumference of the annular nut body (see Fig 1).
Re Clm 8: WO-367 discloses wherein the first flange has an arcuate cross-section (see Fig. 1 where the first flange has an arcuate section, thus that a cross-section of that section would be arcuate).
Re Clm 12: WO-367 discloses wherein the cavity of the body (the bore of 11) comprises a main section (the section opposite of 80) and an enlarged end section (the threaded section) opening outwards (opens to the outside), wherein the body comprises a shoulder (the step that abuts 121) at the junction between the main section and the end section (see Fig. 6), and wherein the receiving part is mounted inside the body against the shoulder (see Fig. 6).
Re Clm 14: WO-367 discloses wherein the body (11) and the receiving part (121) lock the receiving part relative to the body in the radial direction (see Fig. 6).
Re Clm 15: WO-367 discloses wherein the nut is mounted at the periphery of the ring (see Fig. 6).
Re Clm 16: WO-367 discloses wherein the ring comprises a rib (140a or 140b).
Re Clm 17: WO-367 discloses wherein the nut is configured to be screwed into the cavity of the body (see Fig. 6).
Re Clm 18: WO-367 discloses wherein the receiving part has an annular groove (122).
Re Clm 19: WO-367 discloses wherein the tube comprises an end portion which is curved against the support surface of the ring (see Fig. 6).
Re Clm 20: WO-367 discloses wherein the support surface of the ring contacts only a portion of the end portion of the tube (see Fig. 6).
Allowable Subject Matter
Claims 5, 10, 11, and 13 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant’s arguments with respect to the claim(s) 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.
Any claim not specifically argued will stand or fall with the claim(s) from which it/they depend.
Conclusion
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.
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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
06/24/2026
/Matthew Troutman/Supervisory Patent Examiner, Art Unit 3679
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