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 .
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim Rejections - 35 USC § 102
Claims 1, 17, and 18 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Bowman et al. (US 2015/0021911 hereinafter “Bowman”). For portions of the rejection, please refer to the annotated fig. 12 below:
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In regards to claim 1, Bowman discloses a tubing retention device for retaining a T-shaped tubing assembly (see figs. 7-14), the tubing retention device comprising:
a base member (152, 154) having external surfaces defining a first tubing recess (see annotated fig.), a second tubing recess (see annotated fig.) oriented at least substantially perpendicular to the first tubing recess, a first relief shelf (see annotated fig.) disposed at a first end of the first tubing recess and recessed away from a longitudinal axis of the first tubing recess, and a second relief shelf (see annotated fig.) disposed at a second end of the first tubing recess and recessed away from the longitudinal axis of the first tubing recess; and
a movable locking element (140, 142) configured to move between an unlocked first position (shown in fig. 7) and a locked second position (tightened), the movable locking element configured to lock a T-shaped tubing assembly in the tubing retention device when the T-shaped tubing assembly is positioned within the first tubing recess and the second tubing recess and the movable locking element is moved to the locked second position.
In regards to claim 17, Bowman discloses a method of securing a T-shaped tubing assembly within a retention device, the method comprising:
positioning a T-shaped tubing assembly (182, 184, 186) within a first tubing recess (see annotated fig.) and a second tubing recess (see annotated fig.) in a base member (152, 154), the second tubing recess oriented at least substantially perpendicular to the first tubing recess, the base member having external surfaces defining a first relief shelf (see annotated fig.) disposed at a first end of the first tubing recess and recessed below a bottom surface of the first tubing recess, and a second relief shelf (see annotated fig.) disposed at a second end of the first tubing recess and recessed below the bottom surface of the first tubing recess, wherein the first relief shelf, the second relief shelf, and the bottom surface of the first tubing recess are substantially planar and parallel with one another (shown in fig. 12);and
moving a movable locking element (140, 142) carried by the base member from an unlocked first position (fig. 7) to a locked second position (tightened), the movable locking element locking the T-shaped tubing assembly in the retention device while the movable locking element is in the locked second position.
In regards to claim 18, Bowman further discloses the base member further comprises at least one first tubing retention protrusion (see annotated fig.) protruding over at least a portion of the first tubing recess, and at least one second tubing retention protrusion (see annotated fig.) protruding over at least a portion of the second tubing recess, and wherein positioning the T-shaped tubing assembly within the first tubing recess and the second tubing recess comprises positioning the T-shaped tubing assembly under the at least one first tubing retention protrusion and the at least one second tubing retention protrusion before moving the movable locking element from the unlocked first position to the locked second position (see fig. 13).
Claim Rejections - 35 USC § 103
Claims 2 and 3 are rejected under 35 U.S.C. 103 as being unpatentable over Bowman as applied to claim 1 above.
In regards to claims 2 and 3, Bowman further discloses surfaces of the base member defining the first relief shelf and the second relief shelf are recessed relative to a surface of the base member defining a bottom surface within the first tubing recess (shown in annotated fig.)
While Bowman does not expressly disclose the distance being about 9.5mm; the distance may be determined through the use of routine experimentation during the engineering design process to optimize the functionality of the device, suited to the intended use and desired parameters.
It would have been obvious before the effective filing date to one having ordinary skill in the art to modify Bowman to have the distance be about 9.5mm, as the distance may be optimized to the desired operational parameters through the use of routine experimentation. A person of ordinary skill in the art undertaking such experimentation would have had a reasonable expectation of success and the results would have been predictable.
It is noted that In Gardner V. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984), the Federal Circuit 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 patentably distinct from the prior art device.
Allowable Subject Matter
Claims 4-16 are allowed.
Claims 19 and 20 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 claims 1 and 17 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.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection 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 ZACHARY T DRAGICEVICH whose telephone number is (571)270-0505. The examiner can normally be reached Monday-Friday 8:00 - 4:30 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Matthew D. 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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/ZACHARY T DRAGICEVICH/ Primary Examiner, Art Unit 3679
03/23/2026