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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 07/22/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Status
The claims appear to have the incorrect claim status “(NEW)”. The claims filed on 07/30/2024 appear to be the original claims. Future filings of claims must have proper status or else the claims may be held as non-compliant.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “positive stops on the adaptor nipple” that prevents the pipe from extending into a tub spout opening of claim 8 must be shown or the feature canceled from the claim. Figs. 10A-10C do not show the pipe inserted and if the pipe inserts like how it is shown in Figs. 1 and 2, then the adapter nipple only appears to have a singular stop. No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The abstract of the disclosure is objected to because the phrase "Disclosed are" is implied language. Correction is required. See MPEP § 608.01(b)(I)(C). A suggestion is to the delete the phrase. Additionally, applicant is reminded that the abstract’s length should be generally around 50 to 150 words.
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 Objections
Claim 14 is objected to because of the following informalities:
Claim 14 recites “busing” and should be “bushing”.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 8 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 8 recites “positive stops on the adaptor nipple” which the drawings only appear to show a single stop of the adaptor that prevents the pipe from extending any further. Applicant’s specification also lacks any description of “positive stops”. Therefore, the claimed “positive stops” lacks a proper description to allow one of ordinary skill in the art to reasonably practice and understand the invention.
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 2-4, 8-9, and 15 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 2 recites “a first end…a second end” which is unclear if the second end is the same or different from “an end” of claim 1. For examination purposes, the limitation will be interpreted as “a first end…a second end defined at the end of the adaptor nipple” to be consistent with claim 1.
Claim 8 recites “extending into tub spout opening” lacks antecedent basis and unclear if claims 1 or 8 intended to initially introduce a tub spout opening. For examination purposes, the limitation will be interpreted as “extending into a tub spout opening” as initially introduced in claim 8.
Claim 9 recites “comprises a first end and a second end” which is unclear if the second end is the same or different from “an end” of claim 1. For examination purposes, the limitation will be interpreted as “comprises a first end and the end defines a second end” since the end in claim 1 appears to be the second end which has a larger diameter than the opposite end.
Claim 15 recites “the bushing comprises a plurality of inner threads and a plurality of outer threads” which is unclear if this intended the bushing to have plural sets of threads or a single set of threads. For examination purposes, the limitation will be interpreted as “the bushing comprises
All dependent claims of these claims are rejected under 112th second paragraph by virtue of their dependency. Thus, claims 3-4 are rejected under 112th second paragraph.
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.
Claims 1, 6-11, and 13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Huang (US 2012/0266991 A1).
In regard to claim 1, Huang discloses a system (Fig. 2 shows a system) comprising:
an adaptor nipple (Fig. 2, the parts at 30, 20, and 22 define an adaptor nipple) configured to be coupled to a tub spout (Fig. 2, the adaptor nipple is configured to couple to a tub spout in a similar manner as it is coupled to faucet 10. Also, see note below.);
a spin weld retaining ring (Figs. 2 and 4, 51 defines at least a spin weld retaining ring. Also, see note below.);
an O-ring positioned between the adaptor nipple and the spin weld retaining ring (Figs. 2 and 4, O-ring at 53);
a threaded screw (Fig. 4, threaded screw 52) configured to screw into the adaptor nipple (Fig. 4, through hole radially above bore 502 allows 52 to screw into and out of the adaptor nipple similar to applicant’s invention) and contact a pipe (Fig. 4, 52 is for contacting pipe 70); and
a bushing coupled to an end of the adaptor nipple (Figs. 2 and 4, the part 50 defines at least a bushing coupled to an end of the adaptor nipple).
It is noted that 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 USPQ 2d 1647. See MPEP § 2114. In this case, the following are recitations of intended use or nominal recitations:
“tub” in “tub spout” is a nominal recitation which does not structurally differentiate from other spouts; and
“spin weld” in “spin weld retaining ring” is a nominal recitation which does not structurally differentiate from other retaining rings.
In regard to claim 6, Huang discloses the system of claim 1, wherein the spin weld retaining ring is configured to contact an internal portion of the adaptor nipple (Fig. 4, 51 contacts an internal portion of the adaptor nipple as shown).
In regard to claim 7, Huang discloses the system of claim 1, wherein the O-ring is configured to form a seal between the adaptor nipple, the spin weld retaining ring, and pipe (Fig. 4, 53 seals at least axially between the adaptor nipple and 51 and radially between pipe 70 and the adaptor nipple).
In regard to claim 8, Huang disclose the system of claim 1, but does not expressly disclose wherein positive stops on the adaptor nipple prevent the pipe from extending into a tub spout opening (See image below, adaptor nipple has at least two positive stops which prevent the pipe from extending into a tub spout opening at 14).
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In regard to claim 9, Huang discloses the system of claim 1, wherein the adaptor nipple comprises a first end and the end defines a second end (See image below, the adaptor nipple has at least two opposite ends), the adaptor nipple having a tapered shape (See image below, the adaptor nipple has at least one tapered shape), an outer diameter of the adaptor nipple reduces in size from the second end to the first end (See image below, arrow at the second end defines an outer diameter which has a larger outer diameter than an outer diameter at the first end).
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In regard to claim 10, Huang discloses the system of claim 1, wherein the adaptor nipple comprises an aperture on an outer surface of the adaptor nipple at the end (See image below, outer surface of the adaptor nipple has an aperture at the end), the aperture being configured to receive the threaded screw (See image below, the aperture is configured to receive the threaded screw which allows a user to remove pipe 70 without needing to remove the entire bushing).
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In regard to claim 11, Huang discloses the system of claim 1, wherein the adaptor nipple comprises a plurality of tabs that extend from an outer surface of the adaptor nipple at the end (See image below, indicated tabs extend from an outer surface of the adaptor nipple at the end).
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In regard to claim 13, Huang discloses the system of claim 1, wherein the spin weld retaining ring comprises a clocking mechanism structure along a perimeter of the spin weld retaining ring (Fig. 2, along a perimeter of 51 at an axial end comprises at least a surface structure defining a clocking mechanism structure. See note below.).
It is noted that 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). See MPEP § 2114. The recitation “clocking mechanism” is a nominal recitation of the intended manner of operation of the system, and does not add any further structure than the “structure". Therefore, little patentable weight is given to "clocking mechanism structure" and the surface structure of 51 of Huang meets the limitation of a clocking mechanism structure.
Additionally, applicant’s specification in [0094] recites “one or more locking mechanisms 1109 that can generate outward pressure” which only refers to the structure as 1109 in the drawings which can be reasonably interpreted as simply a surface or a notch. If applicant intended clocking mechanism structure to include a notch or plural notches, then it must be claimed instead of ambiguously implied.
Claims 1, 6-7, and 9-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chen (US 8,997,272 B2).
In regard to claim 1, Chen discloses a system (Figs. 3 and 4 show a system) comprising:
an adaptor nipple configured to be coupled to a tub spout (Fig. 3, adaptor nipple at 30 which is configured to be coupled to a tub spout at 20. Also, see note below.);
a spin weld retaining ring (Figs. 3 and 4, ring 61 defines at least a spin weld retaining ring. Also, see note below.);
an O-ring positioned between the adaptor nipple and the spin weld retaining ring (Fig. 4, O-ring 62);
a threaded screw configured to screw into the adaptor nipple (Figs. 3 and 4, bolt 83 defines a threaded screw that screws into the adaptor nipple as shown) and contact a pipe (Fig. 4, 83 contacts a pipe 10); and
a bushing coupled to an end of the adaptor nipple (Fig. 3, ring 50 defines a bushing coupled to an end of 30).
It is noted that 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 USPQ 2d 1647. See MPEP § 2114. In this case, the following are recitations of intended use or nominal recitations:
“tub” in “tub spout” is a nominal recitation which does not structurally differentiate from other spouts; and
“spin weld” in “spin weld retaining ring” is a nominal recitation which does not structurally differentiate from other retaining rings.
In regard to claim 6, Chen discloses the system of claim 1, wherein the spin weld retaining ring is configured to contact an internal portion of the adaptor nipple (Fig. 4, 61 contacts an internal portion of 30 as shown).
In regard to claim 7, Chen discloses the system of claim 1, wherein the O-ring is configured to form a seal between the adaptor nipple, the spin weld retaining ring, and pipe (Fig. 4, 62 forms at least a seal between 30, 61, and 10).
In regard to claim 9, Chen discloses the system of claim 1, wherein the adaptor nipple comprises a first end and the end defines a second end (Fig. 4, end at 33 defines a second end and end at 41 defines a first end), the adaptor nipple having a tapered shape (Fig. 4, 30 has a tapered shape as shown), an outer diameter of the adaptor nipple reduces in size from the second end to the first end (Fig. 4, an outer diameter at 33 reduces in size from the second end to a smaller outer diameter at 41 as shown).
In regard to claim 10, Chen discloses the system of claim 1, wherein the adaptor nipple comprises an aperture on an outer surface of the adaptor nipple at the end (Fig. 4, aperture at 82 on an outer surface of 30 at the end), the aperture being configured to receive the threaded screw (Fig. 4, 82 receives 83).
In regard to claim 11, Chen discloses the system of claim 1, wherein the adaptor nipple comprises a plurality of tabs that extend from an outer surface of the adaptor nipple at the end (Fig. 3, the adaptor nipple has at least two tabs at 33 separated by chutes 71 and the two tabs extend from an outer surface of the adaptor nipple at the end at 33).
In regard to claim 12, Chen discloses the system of claim 1, wherein the spin weld retaining ring comprises a recessed annular edge (Fig. 3, 61 is stepped-shape, therefore, 61 has a recessed annular edge defining the stepped-shape).
In regard to claim 13, Chen discloses the system of claim 1, wherein the spin weld retaining ring comprises a clocking mechanism structure along a perimeter of the spin weld retaining ring (Fig. 3, along a perimeter of 61 at an axial end comprises at least a surface structure defining a clocking mechanism structure. See note below.).
It is noted that 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). See MPEP § 2114. The recitation “clocking mechanism” is a nominal recitation of the intended manner of operation of the system, and does not add any further structure than the “structure". Therefore, little patentable weight is given to "clocking mechanism structure" and the surface structure of 61 of Chen meets the limitation of a clocking mechanism structure.
Additionally, applicant’s specification in [0094] recites “one or more locking mechanisms 1109 that can generate outward pressure” which only refers to the structure as 1109 in the drawings which can be reasonably interpreted as simply a surface or a notch. If applicant intended clocking mechanism structure to include a notch or plural notches, then it must be claimed instead of ambiguously implied.
In regard to claim 14, Chen discloses the system of claim 1, wherein the bushing comprises a first notch and a second notch along a perimeter of the bushing (Fig. 3, 50 has two locking portions 72 which each has at least L-shaped notches defining a first notch and a second notch along a perimeter of the bushing).
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.
Claims 2-4 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Huang (US 2012/0266991 A1) in view of Chen (US 8,997,272 B2).
In regard to claim 2, Huang discloses the system of claim 1, wherein the adaptor nipple comprises bushing threads on a second end defined at the end of the adaptor nipple opposite the first end (Fig. 2, bushing threads at 231).
Huang does not expressly disclose threads on a first end opposite the second end (Fig. 4, the opposite end of the second end appears to show an interference fit with the spout).
In the related field of adaptor nipples for spouts, Chen teaches threads on a first end of a nipple adaptor for connecting to a spout (Figs. 3 and 4, threads 41 on a nipple adaptor at 30 for connecting to a spout at 20) in order to have at least the advantage of a known and reliable connection for securing an adaptor nipple to a spout (Figs. 3 and 4 show the threaded connection at 41 as a known and reliable way of connecting an adaptor nipple to a spout).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have substituted the interference fit of Huang for the threaded connection of Chen with a reasonable expectation of success in order to have the advantage of a known and reliable type of connection such as threads as taught by Chen. See MPEP 2143(I)(B) with regard to simple substitution of one known element for another to obtain predictable results.
Additionally, see MPEP 2143(I)(G) with regard to a motivation to combine references may be implicit and when the ‘improvement’ is technology-independent and the combination of references results in a product or process that is more desirable, for example because it is stronger, cheaper, cleaner, faster, lighter, smaller, more durable, or more efficient. In this case, Chen would reasonably suggest to one of ordinary skill in the art to utilize threads for connecting the adaptor nipple to a spout since it would be at least more efficient, stronger, and cheaper to use a known type of connection such as threads than to create a new and novel connection type.
In regard to claim 3, Huang and Chen disclose the system of claim 2, and Huang further discloses wherein the bushing comprises threads (Fig. 2, threads 503), and the bushing is configured to screw into the bushing threads of the adaptor nipple (Fig. 2, 503 screws into the bushing threads at 231).
In regard to claim 4, Huang and Chen disclose the system of claim 2, wherein the adaptor nipple is configured to couple to the tub spout by screwing the threads on the first end into a threaded hole of the tub spout (Fig. 4 of Huang shows the interference fit at 13 with a hole of the spout and Fig. 4 of Chen shows the threaded connection at 41 to a hole of the spout 20. See claim 2 above for the same reasons to combine Huang and Chen that meets the limitation of the adaptor nipple at the first end threads into a threaded hole of the spout.).
In regard to claim 12, Huang discloses the system of claim 1, but does not expressly disclose wherein the spin weld retaining ring comprises a recessed annular edge.
In the related field of adaptor nipples for spouts, Chen teaches wherein a spin weld retaining ring comprises a recessed annular edge (Fig. 4, spin weld retaining ring at 61 which has at least a recessed annular edge as shown from the stepped-shape of 61) in order to have at least a known leakproof gasket.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have substituted the spin weld retaining ring of Huang for the spin weld retaining ring of Chen that has a recessed annular edge with a reasonable expectation of success in order to have the advantage of a known and reliable type of seal that provides a leakproof connection as taught by Chen. See MPEP 2143(I)(B) with regard to simple substitution of one known element for another to obtain predictable results.
Claims 5 and 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Huang (US 2012/0266991 A1).
In regard to claim 5, Huang discloses the system of claim 1, but does not expressly disclose wherein the bushing comprises one of: a half inch female NPT to one inch male NPT bushing or a three quarter inch female to one inch NPT male bushing.
However, NPT is a well-known standard as also acknowledge by applicant’s specification in paragraph [0099]. Also, NPT bushings with male and female NPT threads are widely commercially available. See https://bulkindustries.com/products/brass-bushing-1-x-1-2-npt-threaded-hex-fitting?variant=43122934349898&country=US¤cy=USD&utm_medium=product_sync&utm_source=google&utm_content=sag_organic&utm_campaign=sag_organic&gad_source=1&gad_campaignid=23164588019&gclid=EAIaIQobChMI-o-2zNqOlQMVOnJHAR2KXxhMEAQYAiABEgKUjvD_BwE and https://www.mscdirect.com/product/details/62353354?cid=ppc-google-&mkwid=|dc&pcrid=&rd=k&product_id=62353354&gclsrc=aw.ds&gad_source=1&gad_campaignid=22774932187&gclid=EAIaIQobChMIh4K51v-OlQMV8khHAR2NhReTEAQYAiABEgLhRPD_BwE as examples of availability of NPT threads having at least NPT threads of half inch, one inch, and three quarter inch.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified the bushing of Huang to include one of: a half inch female NPT to one inch male NPT bushing or a three quarter inch female to one inch NPT male bushing with a reasonable expectation of success in order to have the advantage of a known and reliable standard connection such as NPT which allows ease of connection to commercially available products.
Additionally, the crux of applicant’s invention is not to the specific type of NPT thread size of the bushing but rather that the bushing has external threads for connecting to the adaptor nipple. Applicant’s specification lacks any description of nonobvious or unexpected results of the specific NPT sizes and lacks any nonobvious or unexpected results of even having internal threads. Paragraph [0099] recites “inner threads 1209 such that another structure can be screwed into the mechanism 1000” which threads is a well-known type of connection for allow other structures to connect to which is within one of ordinary skill in the art. The specification and drawings do not adequately disclose how this other structure would connect or perform when the pipe is inserted into the adaptor nipple. Therefore, the NPT sizes and internal threads of the bushing are arbitrary features that do not provide any nonobvious or unexpected results and one of ordinary skill in the art would reasonably consider known standards such as NPT and known connection type such as inner threads.
In regard to claim 14, Huang discloses the system of claim 1, but does not expressly disclose wherein the bushing comprises a first notch and a second notch along a perimeter of the bushing.
However, in another embodiment of the bushing shown in Fig. 2 at 60 includes tool slots at 63 which define at least a first notch and a second notch along a perimeter of the bushing in order to have the at least the advantage of utilizing a tool for tightening or releasing the bushing.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified the bushing 50 of Huang to include at least a first notch and a second notch along a perimeter of the bushing with a reasonable expectation of success in order to have the advantage of utilizing a tool for tightening or releasing the bushing as taught by Huang in a second embodiment of the bushing.
In regard to claim 15, Huang discloses the system of claim 1, wherein the bushing comprises inner threads and outer threads (Fig. 2, outer threads 503 and see claim 5 above for the same reasons with regard to the inner threads).
Claims 2-5 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Chen (US 8,997,272 B2) in view of Huang (US 2012/0266991 A1).
In regard to claim 2, Chen discloses the system of claim 1, wherein the adaptor nipple comprises threads on a first end (Fig. 3, threads at 41 on a first end) but does not expressly disclose bushing threads on a second end defined at the end of the adaptor nipple opposite the first end.
In the related field of adaptor nipples for connecting to a spout, Huang teaches bushing threads on a second end of an adaptor nipple in order to have at least the advantage of a known and reliable connection such as threads.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have substituted the locking mechanism 70 between the bushing and the adaptor nipple of Chen for a threaded connection of Huang with a reasonable expectation of success in order to have the advantage of a known and reliable type of connection such as threads as taught by Huang. See MPEP 2143(I)(B) with regard to simple substitution of one known element for another to obtain predictable results.
Additionally, see MPEP 2143(I)(G) with regard to a motivation to combine references may be implicit and when the ‘improvement’ is technology-independent and the combination of references results in a product or process that is more desirable, for example because it is stronger, cheaper, cleaner, faster, lighter, smaller, more durable, or more efficient. In this case, Huang would reasonably suggest to one of ordinary skill in the art to utilize threads for connecting the adaptor nipple to the bushing since it would be at least more efficient and cheaper to use a known type of connection such as threads than to utilize a particular locking mechanism such as the one taught by Chen. However, Huang in view of Chen would also suggest to one of ordinary skill in the art to use either type of connection depending on a user’s desire and parameter constraints.
In regard to claim 3, Chen and Huang disclose the system of claim 2, wherein the bushing comprises threads, and the bushing is configured to screw into the bushing threads of the adaptor nipple (See claim 2 above for the same reasons).
In regard to claim 4, Chen and Huang disclose the system of claim 2, and Chen further discloses wherein the adaptor nipple is configured to couple to the tub spout by screwing the threads on the first end into a threaded hole of the tub spout (Figs. 3 and 4, threads at 41 of the adaptor nipple threads into a threaded hole of 20 as shown).
In regard to claim 5, Chen discloses the system of claim 1, but does not expressly disclose wherein the bushing comprises one of: a half inch female NPT to one inch male NPT bushing or a three quarter inch female to one inch NPT male bushing.
See claim 2 above for the same reasons to combine Chen and Huang to disclose having threads on the bushing.
However, NPT is a well-known standard as also acknowledge by applicant’s specification in paragraph [0099]. Also, NPT bushings with male and female NPT threads are widely commercially available. See https://bulkindustries.com/products/brass-bushing-1-x-1-2-npt-threaded-hex-fitting?variant=43122934349898&country=US¤cy=USD&utm_medium=product_sync&utm_source=google&utm_content=sag_organic&utm_campaign=sag_organic&gad_source=1&gad_campaignid=23164588019&gclid=EAIaIQobChMI-o-2zNqOlQMVOnJHAR2KXxhMEAQYAiABEgKUjvD_BwE and https://www.mscdirect.com/product/details/62353354?cid=ppc-google-&mkwid=|dc&pcrid=&rd=k&product_id=62353354&gclsrc=aw.ds&gad_source=1&gad_campaignid=22774932187&gclid=EAIaIQobChMIh4K51v-OlQMV8khHAR2NhReTEAQYAiABEgLhRPD_BwE as examples of availability of NPT threads having at least NPT threads of half inch, one inch, and three quarter inch.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified the bushing of Chen in view of Huang to include one of: a half inch female NPT to one inch male NPT bushing or a three quarter inch female to one inch NPT male bushing with a reasonable expectation of success in order to have the advantage of a known and reliable standard connection such as NPT which allows ease of connection to commercially available products.
Additionally, the crux of applicant’s invention is not to the specific type of NPT thread size of the bushing but rather that the bushing has external threads for connecting to the adaptor nipple. Applicant’s specification lacks any description of nonobvious or unexpected results of the specific NPT sizes and lacks any nonobvious or unexpected results of even having internal threads. Paragraph [0099] recites “inner threads 1209 such that another structure can be screwed into the mechanism 1000” which threads is a well-known type of connection for allow other structures to connect to which is within one of ordinary skill in the art. The specification and drawings do not adequately disclose how this other structure would connect or perform when the pipe is inserted into the adaptor nipple. Therefore, the NPT sizes and internal threads of the bushing are arbitrary features that do not provide any nonobvious or unexpected results and one of ordinary skill in the art would reasonably consider known standards such as NPT and known connection type such as inner threads.
In regard to claim 15, Chen discloses the system of claim 1, Chen in view of Huang disclose wherein the bushing comprises inner threads and outer threads (See claims 2 and 15 above for the same reasons to combine Chen and Huang to disclose the bushing has inner and outer threads).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Chen (US 8,997,272 B2).
Chen discloses the system of claim 1, wherein a positive stop on the adaptor nipple prevent the pipe from extending into a tub spout opening (See image below, indicated stop defines a positive stop on the adaptor nipple which at least prevents the pipe 10 from extending into a tub spout opening at 21).
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Greyscale
Chen does not expressly disclose plural positive stops.
It has been held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced. In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960). See MPEP § 2144.04(VI)(B). In this case, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified the adaptor nipple to have duplicate plural positive stops in order to have at least the advantage of reliability of plural stops in case one fails and second or more stops would prevent the pipe from any further unwanted extension.
Conclusion
The following prior arts made of record and not relied upon are considered pertinent to applicant's disclosure:
Yeh (US 2012/0204987 A1), Yang (US 10,018,283 B2), Mascari et al. (US 6,668,393 B1), DiDea et al. (US 10,584,468 B2), Huang (US 2012/0280068 A1), Weaver (US 6,820,291 B1), and McBee et al. (US 7,591,484 B2) disclose a system for a spout having an adaptor nipple, a bushing, a retaining ring, and a sealing ring similar to critical claimed components of applicant’s invention.
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/WILLIAM S. CHOI/Primary Examiner, Art Unit 3679
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