DETAILED ACTION
The present application and its arguments have been reviewed and currently claims 1-4 and 7-11 are rejected and claims 5-6 and 12-14 are cancelled.
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 .
Response to Arguments
Applicant's arguments filed 12/11/2025 have been fully considered but they are not persuasive.
In response to applicants arguments on page 7 that the position base portion does not have a smaller thickness than the holder main body, the examiner respectfully disagrees as it can be explicitly shown in fig. 4E that the thickness of positioning base portion 9 is less than the thickness of the main body (ex., see near 7). In other words, see annotated fig. 4F below where the positioning base portion 9 is behind element 16 which means the main body 7 is thicker than the positioning base portion 9.
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In response to applicants arguments on page 7 that the second positioning portion is not disposed on a surface of the positioning base portion which is flush with the first surface, the examiner respectfully disagrees because in annotated fig. 1 below, the positioning base portion 12 extends axially from a surface 9. In other words, it can be shown in the magnified portion of the annotated figure 1 that the surface 9 has an incline disposed directly on the surface and the surface is also flush with the first surface.
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Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
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.
Claim 1-4 and 7-11 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.
In regards to claim 1, the limitation “a thickness smaller than the holder main body in a manner so that the positioning base portion is away from the holder main body” is unclear to the examiner as to how “the thickness is smaller … in such a manner so that the positioning base portion is away from the holder main body” when changing the thickness of the positioning base portion to be thinner would not change the position of the positioning base portion to be away from the holder main body when the positioning base portion has a portion that is flush with the holder main body.
It appears applicant is attempting the claim that the positioning base portion is away from the second surface of the holder main body (ex., how the opposite surface 70 in fig. 2 is axially offset from surface 76 in fig. 2).
Therefore, to proceed with prosecution, the limitation “a thickness smaller than the holder main body in a manner so that the positioning base portion is away from the holder main body” will be interpreted to mean “a thickness smaller than the holder main body in a manner so that the entire positioning base portion is axially offset from the second surface of the holder main body”.
It is noted to applicant that the examiner is only interpreting the claims to proceed with prosecution and that applicant is still required to amend the claims.
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) 1-4 and 10-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Barthel et al. (U.S. Patent No. 9,677,699).
Claim 1, as best understood, Barthel discloses:
A holder (see fig. 1 hereinafter unless otherwise noted) configured to hold connection between a female connector (2) and a male connector (5, fig. 2a),
wherein the female connector is provided with:
a slit (15) in which the holder is mounted;
a fitting hole (3) including an opening portion that opens to an outer surface of the female connector,
the fitting hole passing through the slit (see fig. 1): and
a fluid flow path communicating with the fitting hole (see fig. 1), and
the male connector includes a projecting section (see 26 in fig. 4f) configured to be fitted into the fitting hole,
the holder comprising:
a holder main body having a U shape (see fig. 1) and including a pair of arm portions (8) elastically deformable in a direction in which the arm portions are separated from each other; and
a locking protrusion (17) provided on at least one of the pair of arm portions and configured to, in a state where the projecting section is fitted into the fitting hole, enter a locking groove formed on an outer periphery of the projecting section, thereby preventing the projecting section from coming out of the fitting hole (structurally, there is nothing preventing the inclined slits from engaging a groove),
wherein the locking protrusion includes a surface (see slightly above arrow 17 where there is an inclined surface) that is oriented toward the opening portion in a state where the holder is mounted in the slit (ex., see fig. 1), and
the surface is provided with an inclined surface (see near 17) inclined in a manner so that a thickness of the locking protrusion decreases inward in a width direction of the holder main body (see fig. 1),
the holder main body includes a coupling portion (7) configured to couple the pair of arm portions to each other,
a positioning base (9) portion protrudes from the coupling portion toward a space between the pair of arm portions,
the female connector includes a first positioning portion (see near 16; ex., see fig. 3a where element 16 has a recess), and
the positioning base portion includes a second positioning portion (12) at a position between the pair of arm portions,
the second positioning portion being engageable with the first positioning portion (ex., compare fig. 3b with fig. 3c),
one of the first positioning portion and the second positioning portion is a protrusion and the other of the first positioning portion and the second positioning portion is a recess (ex., see fig. 3c), and
said recess and said protrusion are configured to maintain an engagement of the second positioning portion with the first positioning portion (ex., see fig. 3c),
the holder main body includes a first surface (see annotated fig. 1 below) and a second surface opposite to the first surface in a thickness direction of the holder main body (see annotated fig. 1, where there is an opposite surface of the first surface),
the positioning base portion includes a surface (see annotated fig. 1) flush with the first surface (see annotated fig. 1) and has a plate shape having a thickness smaller than the holder main body (ex., see fig. 4E, where element 9 is not hatched compared to element 7, thus the main body is thicker) in a manner so that the entire positioning base portion is axially offset from the second surface of the holder main body (ex., see fig. 4E, where element 9 is not flush with element 7), and
the second positioning portion is disposed on the surface of the positioning base portion (see annotated fig. 1).
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Claim 2, Barthel discloses:
The holder according to claim 1, wherein the locking protrusion is provided on each of the pair of arm portions (see fig. 1).
Claim 3, Barthel discloses:
The holder according to claim 1, wherein the locking protrusion extends in a direction in which the pair of arm portions extend (see fig. 1).
Claim 4, Barthel discloses:
The holder according to claim 1, wherein the locking protrusion is located at a distal end portion of at least one of the pair of arm portions (ex., see fig. 1).
Claim 10, Barthel discloses:
A fluid pressure device (see fig. 1 hereinafter unless otherwise noted), comprising:
a female connector (2): and
a holder (6) configured to hold connection between the female connector and a male connector,
wherein the female connector is provided with:
a slit (15) in which the holder is mounted:
a fitting hole (3) including an opening portion that opens to an outer surface of the female connector (see fig. 1),
the fitting hole passing through the slit (see fig. 1); and
a fluid flow path communicating with the fitting hole (see fig. 1),
the male connector includes a projecting section configured to be fitted into the fitting hole, and
a holder main body having a U shape (see fig. 1) and including a pair of arm portions (8) elastically deformable in a direction in which the arm portions are separated from each other; and
a locking protrusion (17) provided on at least one of the pair of arm portions and configured to, in a state where the projecting section is fitted into the fitting hole, enter a locking groove formed on an outer periphery of the projecting section, thereby preventing the projecting section from coming out of the fitting hole (structurally, there is nothing preventing there inclined slits from engaging a groove),
wherein the locking protrusion includes a surface (see slightly above arrow 17 where there is an inclined surface) that is oriented toward the opening portion in a state where the holder is mounted in the slit (ex., see fig. 1), and
the surface is provided with an inclined surface (see near 17) inclined in a manner so that a thickness of the locking protrusion decreases inward in a width direction of the holder main body (see fig. 1),
the holder main body includes a coupling portion (7) configured to couple the pair of arm portions to each other,
a positioning base (9) portion protrudes from the coupling portion toward a space between the pair of arm portions,
the female connector includes a first positioning portion (see near 16; ex., see fig. 3a where element 16 has a recess), and
the positioning base portion includes a second positioning portion (12) at a position between the pair of arm portions,
the second positioning portion being engageable with the first positioning portion (ex., compare fig. 3b with fig. 3c),
one of the first positioning portion and the second positioning portion is a protrusion and the other of the first positioning portion and the second positioning portion is a recess (ex., see fig. 3c), and
said recess and said protrusion are configured to maintain an engagement of the second positioning portion with the first positioning portion (ex., see fig. 3c),
the holder main body includes a first surface (see annotated fig. 1 above hereinafter) and a second surface opposite to the first surface in a thickness direction of the holder main body (see annotated fig. 1, where there is an opposite surface of the first surface),
the positioning base portion includes a surface (see annotated fig. 1) flush with the first surface (see annotated fig. 1) and has a plate shape having a thickness smaller than the holder main body (ex., see fig. 4E, where element 9 is not hatched compared to element 7, thus the main body is thicker) in a manner so that the entire positioning base portion is axially offset from the second surface of the holder main body (ex., see fig. 4E, where element 9 is not flush with element 7), and
the second positioning portion is disposed on the surface of the positioning base portion (see annotated fig. 1).
Claim 11, Barthel discloses:
A fluid pressure device set comprising:
a fluid pressure device (see fig. 1 hereinafter unless otherwise noted), comprising:
a female connector (2): and
a holder (6) configured to hold connection between the female connector and a male connector,
wherein the female connector is provided with:
a slit (15) in which the holder is mounted:
a fitting hole (3) including an opening portion that opens to an outer surface of the female connector (see fig. 1),
the fitting hole passing through the slit (see fig. 1); and
a fluid flow path communicating with the fitting hole (see fig. 1),
the male connector includes a projecting section configured to be fitted into the fitting hole, and
a holder main body having a U shape (see fig. 1) and including a pair of arm portions (8) elastically deformable in a direction in which the arm portions are separated from each other; and
a locking protrusion (17) provided on at least one of the pair of arm portions and configured to, in a state where the projecting section is fitted into the fitting hole, enter a locking groove formed on an outer periphery of the projecting section, thereby preventing the projecting section from coming out of the fitting hole (structurally, there is nothing preventing there inclined slits from engaging a groove),
wherein the locking protrusion includes a surface (see slightly above arrow 17 where there is an inclined surface) that is oriented toward the opening portion in a state where the holder is mounted in the slit (ex., see fig. 1), and
the surface is provided with an inclined surface (see near 17) inclined in a manner so that a thickness of the locking protrusion decreases inward in a width direction of the holder main body (see fig. 1),
the holder main body includes a coupling portion (7) configured to couple the pair of arm portions to each other,
a positioning base (9) portion protrudes from the coupling portion toward a space between the pair of arm portions,
the female connector includes a first positioning portion (see near 16; ex., see fig. 3a where element 16 has a recess), and
the positioning base portion includes a second positioning portion (12) at a position between the pair of arm portions,
the second positioning portion being engageable with the first positioning portion (ex., compare fig. 3b with fig. 3c),
one of the first positioning portion and the second positioning portion is a protrusion and the other of the first positioning portion and the second positioning portion is a recess (ex., see fig. 3c), and
said recess and said protrusion are configured to maintain an engagement of the second positioning portion with the first positioning portion (ex., see fig. 3c),
the holder main body includes a first surface (see annotated fig. 1 above hereinafter) and a second surface opposite to the first surface in a thickness direction of the holder main body (see annotated fig. 1, where there is an opposite surface of the first surface),
the positioning base portion includes a surface (see annotated fig. 1) flush with the first surface (see annotated fig. 1) and has a plate shape having a thickness smaller than the holder main body (ex., see fig. 4E, where element 9 is not hatched compared to element 7, thus the main body is thicker) in a manner so that the entire positioning base portion is axially offset from the second surface of the holder main body (ex., see fig. 4E, where element 9 is not flush with element 7), and
the second positioning portion is disposed on the surface of the positioning base portion (see annotated fig. 1), and
a connection member (ex., the remaining portion of male member in fig. 2a) including the male connector to be connected to the female connector.
Claim(s) 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Barthel as applied to claim 1 above and in view of Saunus et al. (EP-3734135).
In regards to claim 7, Barthel discloses:
The holder according to claim 1,
but does not disclose:
wherein the holder main body is provided with an operation portion configured to be held by fingers of a user.
In regards to the operation portion, Saunus discloses a similar holder device (ex., see fig. 5b) comprising an operation portion (35; ex., a handle) to allow easy handling of the holder during engagement of the holder into a slot (0099:22-26).
It would have been obvious to one of ordinary skill in the art before the effective filling date to modify the coupling portion of Barthel with the provision of the handle to provide the benefit of easy handling of a holder, as taught by Saunus (0099:22-26).
In regards to claim 8, Barthel in view of Saunus further discloses:
The holder according to claim 7, wherein operation portion is located on an opposite side of the coupling portion from the pair of arm portions, and
extends in the width direction of the holder main body (ex., see fig. 5b of Saunus).
Claim(s) 9 is rejected under 35 U.S.C. 103 as being unpatentable over Barthel in view of Saunus as applied to claim 8 above and in further view of Lee et al. (U.S. Patent No. 11,168,822).
In regards to claim 9, Barthel discloses:
The holder according to claim 8,
but does not disclose:
wherein the holder main body is provided in plurality,
the plurality of holder main bodies being provided to be spaced apart from each other in a direction in which the operation portion extends, and
the locking protrusion is provided on each of the plurality of holder main bodies.
In regards to a plurality holders, Lee discloses a similar device (see fig. 7) comprising a holder (170) comprising a plurality of holder main bodies (173) to couple a plurality of hoses (see fig. 15).
It would have been obvious to one of ordinary skill in the art before the effective filling date to modify the holder of Barthel in view of Saunus to comprise a plurality of holder bodies such that the holder bodies are spaced apart from each other in a direction in which the operation portion extends to allow multiple hoses to be connected by one holder because Lee discloses that holders are known to comprising holder bodies spaced apart from each other in a direction in which the operation portion extends (see fig. 15) and it has been held that a mere duplication of parts has no patentable significance unless a new and unexpected result is produced (see In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960) in MPEP2144.04(VI)(B)). In this case, modifying the holder of Barthel in view of Saunus to comprise a plurality of holder bodies spaced apart from each other in a direction in which the operation portion extends, which is a known configuration as disclosed by Lee, would not produce a new and unexpected result.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Dörnhöfer et al. (U.S. Patent No. 10,247,343) discloses a similar holder comprising a similar radially inward protrusion (82, fig. 3).
Ishida et al. (U.S. Patent No. 9,016,729) discloses a similar holder (see fig. 19) comprising a radially inward protrusion (68) further comprising an axially extending protrusion (102) that engages a recess of a connector (104, fig. 23).
Heinrichs (DE-102016009168) discloses a similar holder comprising a similar radially inward protrusion (see near 52 in fig. 14D).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEXANDER TYLER RUFRANO whose telephone number is (571)272-6223. The examiner can normally be reached Mon - Fri 8:30AM to 4:30PM.
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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/A.T.R./Examiner, Art Unit 3679
/Matthew Troutman/Supervisory Patent Examiner, Art Unit 3679