DETAILED ACTION
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 .
Election/Restrictions
Applicant’s election without traverse of Group I (claims 1-12) in the reply filed on 03/03/2026 is acknowledged.
Claims 13-16 have been considered withdrawn.
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.
Claim(s) 1-4 and 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Konishi (9,897,239, cited in the IDS) in view of Thomas et al. (EP2514454A1, cited in the IDS).
Regarding claim 1, Konishi discloses a service tool (101 and 102; see figures 1-4) for connecting to a fluid access port (430) that is operable with a core (400) which is configured to control fluid flow through the fluid access port (230; see figures 3-4), the service tool comprising:
a generally hollow cylindrical body (101 and 102) having a first end (the left end which associated with the fluid access port 230), a second end (the right end 220) and a longitudinal axis (X; see figure 3);
a latching connecter (130A-130B and 275A-275B) at the first end of the generally hollow cylindrical body (101 and 102), the latching connector (130A-130B and 275A-275B) is configured to releasably connect the generally hollow cylindrical body (101 and 102) to the fluid access port (230; see figure 4);
a torque assembly (235, 240, 645 and 215) disposed within the generally hollow cylindrical body (101 and 102; see figures 3-4);
the torque assembly (235, 240, 645 and 215) includes a fluid flow passageway through which fluid can flow (see figure 4), a poppet valve (235) in the fluid flow passageway that controls fluid flow through the fluid flow passageway (see figure 4), the poppet valve (235) is movable with the torque assembly (235, 240, 645 and 215) relative to the generally hollow cylindrical body (101 and 102), and a seat (645) defined on the torque assembly (235, 240, 645 and 215) that is configured to hold the core (400) so that the core (400) is movable with the torque assembly (235, 240, 645 and 215; see figure 4).
However, Konishi fails to disclose the torque assembly is rotatable relative to the generally hollow cylindrical body about the longitudinal axis, the poppet valve is rotatable with the torque assembly relative to the generally hollow cylindrical body, and the core is rotatable with the torque assembly.
Thomas teaches a torque assembly (851) is rotatable relative to the generally hollow cylindrical body (855) about the longitudinal axis by using thread to screw the two parts together (see figure 30); a poppet valve (853) is rotatable with the torque assembly (851) relative to the generally hollow cylindrical body (855; see figure 30).
It would have been obvious to one having ordinary skill in the art at the time before the effective filing date of the claim invention to modify the service tool of Konishi to incorporate a thread connection between the torque assembly and the generally hollow cylindrical body and the thread connection between the poppet valve and the torque assembly as taught by Thomas in order to provide easier and securer assembling for parts. Also, upon the modification, the thread connection provides the rotation relation between the torque assembly and the hollow cylindrical assembly. Thus, the poppet valve (235, Konishi) is rotatable with the torque assembly (235, 240, 645 and 215, Konishi) relative to the generally hollow cylindrical body (101 and 102, Konishi), and the removable core (400) is also rotatable with the torque assembly (235, 240, 645 and 215, Konishi; the rotation relation is provided from the thread connection as taught by Thomas as shown in figure 30).
Regarding claim 2, Konishi discloses the torque assembly (235, 240, 645 and 215) comprises a torque cartridge (240) and a torque shaft (215), the fluid passageway extends through the torque cartridge (240) and the torque shaft (215; see figure 3); the poppet valve (235) is mounted in the fluid passageway of the torque cartridge (240; see figure 3); and the seat (645) is defined on the torque shaft (215; see figures 3-4).
Regarding claim 3, Konishi as modified discloses the torque cartridge (240) and the torque shaft (215) are rotatable together relative to the generally hollow cylindrical body (101 and 102; see figures 3-4), and the torque shaft (215) is mounted so as to be movable relative to the torque cartridge (240) in a direction parallel to the longitudinal axis (X axis; see figures 3-4).
Regarding claim 4, Konishi discloses the seat (645) is disposed completely within the generally hollow cylindrical body (101 and 102) and when the core (400) is held by the torque assembly (235, 240, 645 and 215) the core (400) is at least partially disposed within the generally hollow cylindrical body (101 and 102; see figures 3-4).
Regarding claim 6, Konishi discloses the seat (645) comprises a retainment ring (655a and 655b), and the generally hollow cylindrical body (101 and 102; see figures 3-4) comprises an interior surface with a seal (640) disposed thereon that is radially aligned with the retainment ring (655a and 655b; see figures 2-4).
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-12 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-12 of U.S. Patent No. US 12,066,226 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because
Regarding claim 1, US 12,066,226 B2 discloses a service tool for connecting to a fluid access port that is operable with a core which is configured to control fluid flow through the fluid access port, the service tool comprising: a generally hollow cylindrical body having a first end, a second end and a longitudinal axis; a latching connecter at the first end of the generally hollow cylindrical body, the latching connector is configured to releasably connect the generally hollow cylindrical body to the fluid access port; a torque assembly disposed within the generally hollow cylindrical body, the torque assembly is rotatable relative to the generally hollow cylindrical body about the longitudinal axis; the torque assembly includes a fluid flow passageway through which fluid can flow, a poppet valve in the fluid flow passageway that controls fluid flow through the fluid flow passageway, the poppet valve is rotatable with the torque assembly relative to the generally hollow cylindrical body, and a seat defined on the torque assembly that is configured to hold the core so that the core is rotatable with the torque assembly (see claim 1 of US 12,066,226 B2).
Regarding claim 2, US 12,066,226 B2 discloses the torque assembly comprises a torque cartridge and a torque shaft, the fluid passageway extends through the torque cartridge and the torque shaft; the poppet valve is mounted in the fluid passageway of the torque cartridge; and the seat is defined on the torque shaft (see claim 2 of US 12,066,226 B2).
Regarding claim 3, US 12,066,226 B2 discloses the torque cartridge and the torque shaft are rotatable together relative to the generally hollow cylindrical body, and the torque shaft is mounted so as to be movable relative to the torque cartridge in a direction parallel to the longitudinal axis (see claim 3 of US 12,066,226 B2).
Regarding claim 4, US 12,066,226 B2 discloses the seat is disposed completely within the generally hollow cylindrical body and when the core is held by the torque assembly the core is at least partially disposed within the generally hollow cylindrical body (see claim 4 of US 12,066,226 B2).
Regarding claim 5, US 12,066,226 B2 discloses the torque assembly projects beyond the second end of the generally hollow cylindrical body, and the poppet valve projects beyond the second end of the generally hollow cylindrical body (see claim 5 of US 12,066,226 B2).
Regarding claim 6, US 12,066,226 B2 discloses the seat comprises a retainment ring, and the generally hollow cylindrical body comprises an interior surface with a seal disposed thereon that is radially aligned with the retainment ring (see claim 6 of US 12,066,226 B2).
Regarding claim 7, US 12,066,226 B2 discloses the generally hollow cylindrical body includes an exterior surface, and a circumferential detent groove is formed in the exterior surface between the first end and the second end and between an end of the latching connector and the second end (see claim 7 of US 12,066,226 B2).
Regarding claim 8, US 12,066,226 B2 discloses the service tool further comprising a seal disposed on the exterior surface between the circumferential detent groove and the second end (see claim 8 of US 12,066,226 B2).
Regarding claim 9, US 12,066,226 B2 discloses a system comprising the service tool of claim 1, and a first additional service tool that is configured to removably attach to the service tool (see claim 9 of US 12,066,226 B2).
Regarding claim 10, US 12,066,226 B2 discloses the system further comprising a second additional service tool that is configured to removably attach to the service tool (see claim 10 of US 12,066,226 B2).
Regarding claim 11, US 12,066,226 B2 discloses the first additional service tool and/or the second additional service tool is configured to prevent disconnection of the service tool from the fluid access port when the first additional service tool and/or the second additional service tool is attached to the service tool (see claim 11 of US 12,066,226 B2).
Regarding claim 12, US 12,066,226 B2 discloses each of the first additional service tool and the second additional service tool are configured to prevent disconnection of the service tool from the fluid access port when the first additional service tool and the second additional service tool are attached to the service tool (see claim 12 of US 12,066,226 B2).
Allowable Subject Matter
Claims 5 and 7-12 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.
The following is a statement of reasons for the indication of allowable subject matter:
The primary reference Konishi fails to disclose the claim structure detail of the service tool as required in claims 5 and 7-12. Also, the prior art of record fails to provide further teachings or motivation to modify the service tool of Konishi in order to arrive the claim invention. Therefore, claims 5 and 7-12 are allowable.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KUN KAI MA whose telephone number is (571)-270-3530. The examiner can normally be reached on Monday-Friday 9am-6pm.
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/KUN KAI MA/Primary Examiner, Art Unit 3763