DETAILED ACTION
Election/Restrictions
Applicant’s election without traverse of claims 1-13 in the reply filed on 5/6/2026 is acknowledged.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-6, 8-11, 13 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Summons et al (US 20020020718 A1).
Claim 1, Summons discloses a first connector end (50; FIG 9A-9B) having a first set of threads (FIG 9A-9B);
a tip (48; [0078]) that is configured to be received by the first connector end (49; FIG 9B);
a second connector end (49) having a cavity to receive the tip (48) and tighten the device by connecting a second set of threads with the first set of threads; and
a container of compound (39) that is attached to the first connector end.
Claim 2, Jackson discloses wherein the first connector end (50) comprises a base of the device.
Claim 3, Jackson discloses wherein the second connector end (49) comprises a top of the device.
Claim 4, Jackson discloses wherein the tip (48) comprises a middle layer (FIG 9B) held flush between the first connector end and the second connector end when the second connector end is tightened into the first connector end (FIG 9B).
Claim 5, Jackson discloses wherein the tip (48) comprises a top layer molded to the second connector end (49) which becomes the middle layer when the second connector end is tightened into the first connector end.
Clam 6, Jackson discloses a base (50);
a customizable tip (48; [0078]) that sits flush with the base; and
a tightener (49) having a cavity to receive the customizable tip and having a first set of threads that connects with a second set of threads on the base and holds the customizable tip in place.
Claim 8, Jackson discloses wherein the first set of threads sit outside of the second set of threads (FIG 9B).
Claim 9, Jackson discloses a container of compound (39) attached to the base.
Claims 10-11, Jackson discloses wherein the base, the customizable tip, and the tightener are plastic ([0078], [0108]) or metal ([0108]).
Claim 13, Jackson discloses wherein the customizable tip (48; [0078]) is configured to create a bead of compound having a particular size and shape.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim 12 are rejected under 35 U.S.C. 103 as being unpatentable over Jackson as applied to claim 5 above.
Claim 12, Jackson discloses the claimed invention except for plant base material. It would have been obvious to one having ordinary skill in the art at the time the invention was made to product it out of a plant based mater in order to reduce carbon footprint and assist in recycling, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious engineering choice. The selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination (MPEP 2144.07).
Claim(s) 7 is rejected under 35 U.S.C. 103 as being unpatentable over Jackson as applied to claim 5 above, and further in view of Chick (US 20070095865 A1).
Claim 7, Jackson substantially discloses the apparatus as claimed above but is silent on wherein the first set of threads sit inside of the second set of threads.
Chick teaches wherein the first set of threads sit inside of the second set of threads (8).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Jackson with threads as taught by Chick in order to provide simple substitution of one known element for another to achieve the predictable result of a connector.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JEREMY W CARROLL whose telephone number is (571)272-4988. The examiner can normally be reached M-F 8 AM - 5 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Paul Durand can be reached at (571) 272-4459. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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JEREMY W. CARROLL
Primary Examiner
Art Unit 3754
/Jeremy Carroll/Primary Examiner, Art Unit 3754
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