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 .
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Drawings
The drawings filed on 02/02/2026 are accepted in view of applicant’s arguments and amendments to the claims.
Claim Objections
Claim 1 is objected to because of the recitation “the sealing geometry” and should be “the circumferential sealing geometry” to be consistent with the rest of the claim.
Claim Rejections - 35 USC § 112
Claims 1-3 and 5-12 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.
The term “slightly” in claim 1 is a relative term which renders the claim indefinite. The term “slightly” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. In this case, it is unclear how much distance is considered “slightly” with regard to the turning grooves. Additionally, it is unclear if the “slightly raised” turning grooves are slightly raised because of the inclined nature of the area at 119 shown in Fig. 1 or slightly raised relative to something else. For examination purposes, the limitation will be interpreted as “wherein the turning grooves are .
All dependent claims of these claims are rejected under 112th second paragraph by virtue of their dependency. Thus, claims 2-3 and 5-12 are rejected under 112th second paragraph.
Claim Rejections - 35 USC § 103
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 1-3, 5, 7-9, and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Masayoshi (JP H1068367 A) in view of Cave (US 1,235,876).
In regard to claim 1, Masayoshi discloses a metallic fluid tube for a fluid connection arrangement (Fig. 1, fluid tube 1 is a fluid connection arrangement as shown and in [0007] of the English translation discloses tube 1 can be made of metal) comprising:
a metallic tube wall (Fig. 1, tube 1 has a tube wall) comprising a tube wall inner side which delimits an interior space of the fluid tube (Fig. 1, longitudinal fluid bore of 1 defines a tube wall inner side delimiting an interior space) and a tube wall outer side which faces away from the interior space of the fluid tube (Fig. 1, tube 1 has a tube wall outer side which faces away from the interior space) and faces an exterior area of the fluid tube (Fig. 1, the outer side of 1 faces an exterior area of the tube 1);
wherein the tube wall comprises a tube end with a tube opening (Fig. 1, tube 1 has an axial end with a fluid tube opening) which connects the interior space of the fluid tube with an exterior area of the metallic fluid tube (Fig. 1, the tube opening of 1 connects the interior space with an exterior area of the fluid tube 1 which allows exit of the fluid through tube 1);
wherein the tube wall has an elevation which runs around the tube wall outer side (Fig. 1, outermost diameter of the tube head at 2 defines an elevation around the tube wall outer side) and is arranged such that the elevation is spaced apart from the tube end (Fig. 1, the elevation is axially spaced apart from the tube end),
wherein the tube wall outer side has a circumferential sealing geometry (Figs. 1 and 3, circumferential sealing geometry at 3) which is adapted to provide a fluid-tight connection between the metallic fluid tube and a further fluid-conducting component of the fluid connection arrangement (Fig. 1, at 3 is for providing a fluid-tight connection between 1 and a further fluid-conducting component at 5), and wherein the circumferential sealing geometry extends on the tube wall outer side from the elevation to the tube end (Figs. 1 and 3, the sealing geometry at 3 extends from the elevation to the tube end), and
wherein the circumferential sealing geometry has turning grooves which extend along a groove extension direction (Figs. 1 and 3, at 3 are grooves which extend along at least a groove extension direction and in [0007] and [0009] of the English translation discloses the grooves at 3 can be wave-shaped or saw-toothed), wherein the groove extension direction runs transversely to a longitudinal extension direction of the fluid tube (Figs. 1 and 3, since the surface at 3 is angled relative to a longitudinal axis of the tube 1, therefore, the groove extension direction of the grooves are at least running transversely to the longitudinal axis of the tube 1 that defines a longitudinal extension direction of tube 1); and
wherein the turning grooves which encircle the circumferential sealing geometry are arranged spaced apart from each other along the longitudinal extension direction of the fluid tube (Figs. 1 and 3, grooves at 3 encircle the circumferential sealing geometry and are arranged spaced apart from each other along the longitudinal and radial directions), and wherein the turning grooves are raised to achieve a high surface pressure (Figs. 1 and 3, the inclined nature of the circumferential sealing geometry results in the turning grooves being raised in the radial direction).
Masayoshi does not expressly disclose wherein the turning grooves run spirally around the circumferential sealing geometry in a direction of the elevation.
In the related field of tubular components with gripping structures, Cave teaches a tubular component having a sealing geometry and the sealing geometry has turning grooves formed by a single spiral (Figs. 1 and 3, tubular component at 17 which has a sealing geometry at 7 which includes turning grooves at 8 formed by a single spiral) in order to have at least the advantage of a known gripping structure providing a simple and effective seal against a high degree of internal pressure (In 1:1-17 discloses the gripping structure at least provides a simple and effective seal against a high degree of internal pressure).
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 grooves of Masayoshi for the spirally running grooves of Cave with a reasonable expectation of success in order to have the advantage of a known gripping structure providing a simple and effective seal against a high degree of internal pressure as taught by Cave. See MPEP 2143(I)(B) with regard to simple substitution of one known element for another to obtain predictable results.
Additionally, Masayoshi suggests various shapes for the sealing geometry such as the saw-toothed shape or a wavy sinusoidal shape. Therefore, one of ordinary skill in the art would reasonably consider other bearing surface shapes having grooves. Cave at least suggests a spirally threaded bearing surface which one of ordinary skill in the art would consider when determining an effective surface shape for sealing. Therefore, Masayoshi in view of Cave would reasonably suggest a sealing geometry of saw-teeth, wavy/sinusoidal profile, or spirally threaded grooves.
In regard to claim 2, Masayoshi and Cave disclose the metallic fluid tube according to claim 1, and Masayoshi further discloses wherein the turning grooves are arranged on an entirety of the circumferential sealing geometry (Figs. 2 and 3 show the turning grooves are arranged at least on an entirety of the sealing geometry in the circumferential direction).
Masayoshi and Cave do not expressly disclose wherein the turning grooves are arranged at least in sections on the elevation.
It is noted that applicant’s invention utilizes a known machine which is known as a lathe to form the turning grooves which in light of applicant’s specification is also used to form the elevation. However, the applicant’s elevation 117 at least shown in Fig. 3 is not a sealing surface and does not contact any other component.
It has been held that a change of shape is obvious absent persuasive evidence. In re Dailey 357 F.2d 669, 672-73 (CCPA 1966) (See MPEP 2144.04(IV)(B)). In this case, the applicant's specification does not provide criticality of the claimed turning grooves on the elevation. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Masayoshi in view of Cave such that the turning grooves are arranged at least in sections on the elevation, since this would allow for easier manufacturing by utilizing a lathe to form the spiral threads and the elevation. See https://crcwellhead.com/can-star/what-is-threading-in-a-lathe-machine-a-beginners-guide/ that discloses a lathe can be used to form spiral threads. Furthermore, having grooves on the elevation would also allow for a better gripping surface and less material which would result in a lighter weight part.
In regard to claim 3, Masayoshi and Cave disclose the metallic fluid tube according to claim 2, and Masayoshi further discloses wherein the turning grooves encircle the circumferential sealing geometry completely at least in sections (Figs. 1-3, the grooves at 3 encircle the sealing geometry at 3 completely at least in sections circumferentially).
In regard to claim 5, Masayoshi and Cave disclose the metallic fluid tube according to claim 1, and Masayoshi further discloses wherein the turning grooves form elevations and depressions in the circumferential sealing geometry (Figs. 1 and 3, the grooves at 3 form at least elevations and depressions in the circumferential sealing geometry).
In regard to claim 7, Masayoshi and Cave disclose the metallic fluid tube according to claim 1, and Masayoshi further discloses wherein a rear step is present on an elevation rear side of the elevation facing away from the tube end (Figs. 1 and 3, on an elevation rear side of the elevation facing away from the tube end of tube 1 has at least a rear sphere step that contacts the sphere part of the part 4), wherein the rear step connects the elevation rear side to a rear area of the tube wall outer side facing away from the tube end (Figs. 1 and 3, the rear sphere step connects the elevation rear side to a rear area of the tube wall outer side facing away from the tube end).
In regard to claim 8, Masayoshi and Cave disclose the metallic fluid tube according to claim 1, and Masayoshi further discloses wherein the fluid tube has a tube end outer diameter at the tube end (Fig. 1, the tube end has a tube end outer diameter), and wherein the fluid tube has an elevation outer diameter at the elevation (Fig. 1, diameter at the elevation), wherein the elevation outer diameter is greater than the tube end outer diameter (Fig. 1, the elevation outer diameter is greater than the tube end outer diameter since the sealing geometry at 3 tapers toward the tube end), wherein a tube outer diameter of the circumferential sealing geometry is reduced uniformly from the elevation outer diameter to the tube end outer diameter (Figs. 1 and 3, tube outer diameter at 3 is reduced uniformly from the elevation to the tube end outer diameter).
In regard to claim 9, Masayoshi and Cave disclose the metallic fluid tube according to claim 8, and Masayoshi further discloses wherein the fluid tube has a rear area outer diameter on a rear area of the tube wall outer side facing away from the tube end (Figs. 1 and 3, rear area outer diameter on a rear area of the tube wall outer side facing away from the tube end that fits within the part 4), wherein the rear outer diameter is smaller than the elevation outer diameter (Figs. 1 and 3, the rear outer diameter is smaller than the elevation outer diameter as shown).
In regard to claim 12, Masayoshi and Cave disclose a fluid connection arrangement (Fig. 1 of Masayoshi shows a fluid connection arrangement) comprising a metallic fluid tube according to claim 1 (Fig. 1 of Masayoshi, tube 1 and see claim 1 above), and Masayoshi further discloses further comprising:
a further fluid-conducting component which abuts on the circumferential sealing geometry of the metallic fluid tube (Fig. 1, the part at 5 defines a further fluid-conducting component which abuts the sealing geometry at 3), wherein the further fluid-conducting component has a thread (Fig. 1, 5 has external threads); and
a threaded connector comprising a counter thread complementary to the thread of the further fluid-conducting component (Fig. 1, threaded connector at 6 which has internal counter thread complementary to the threads of 5), wherein the threaded connector is connected to the further fluid-conducting component by a screw connection (Fig. 1, 5 and 6 are connected by a screw connection of the threads) and is adapted to press the further fluid-conducting component onto the sealing geometry of the metallic fluid tube such that a fluid-tight connection is formed between the metallic fluid tube and the further fluid-conducting component (Fig. 1, 6 is for pressing 5 onto the sealing geometry of tube 1 by the threads such that a fluid-tight connection is formed between tube 1 and 5).
Claims 1-3 and 5-12 are rejected under 35 U.S.C. 103 as being unpatentable over Pascuzzi (DE 102013110612 A1) in view of Masayoshi (JP H1068367 A) and further in view of Cave (US 1,235,876).
In regard to claim 1, Pascuzzi discloses a metallic fluid tube for a fluid connection arrangement (Fig. 2, fluid tube at 100 and in [0027] of the English translation discloses 100 can be made of metal and 100 is for a fluid connection arrangement) comprising:
a metallic tube wall (Fig. 2, tube wall of 100) comprising a tube wall inner side which delimits an interior space of the fluid tube (Fig. 2, fluid bore of 100 defines a tube wall inner side which delimits an interior space of 100) and a tube wall outer side which faces away from the interior space of the fluid tube (Fig. 2, 100 has a tube wall outer side which faces away from the interior space) and faces an exterior area of the fluid tube (Fig. 2, tube wall outer side faces an exterior area of 100);
wherein the tube wall comprises a tube end with a tube opening (Fig. 2, axial open end defines a tube end with a tube opening) which connects the interior space of the fluid tube with an exterior area of the metallic fluid tube (Fig. 2, the tube opening connects the interior space with an exterior area of 100 to allow fluid to exit the interior space);
wherein the tube wall has an elevation which runs around the tube wall outer side (Fig. 2, the outermost diameter as shown near 101-2 defines an elevation similar to the applicant’s invention which runs around the tube wall outer side) and is arranged such that the elevation is spaced apart from the tube end (Fig. 2, the elevation is axially spaced apart from the tube end),
wherein the tube wall outer side has a circumferential sealing geometry (Fig. 2, at 101 defines a circumferential sealing geometry) which is adapted to provide a fluid-tight connection between the metallic fluid tube and a further fluid-conducting component of the fluid connection arrangement (Fig. 2, 101 is a sealing geometry which is for a fluid-tight connection between 100 and a further fluid-conducting component), and wherein the circumferential sealing geometry extends on the tube wall outer side from the elevation to the tube end (Fig. 2, 101 extends on the tube wall outer side from the elevation to the tube end).
Pascuzzi does not expressly disclose wherein the circumferential sealing geometry has turning grooves which extend along a groove extension direction, wherein the groove extension direction runs transversely to a longitudinal extension direction of the fluid tube; and
wherein the turning grooves run spirally around the circumferential sealing geometry from the tube end in a direction of the elevation, wherein the turning grooves which encircle the circumferential sealing geometry are arranged spaced apart from each other along the longitudinal extension direction of the fluid tube, and wherein the turning grooves are raised to achieve a high surface pressure.
In the related field of fuel injector tubes, Masayoshi teaches a circumferential sealing geometry has turning grooves which extend along a groove extension direction and raised in a direction of an elevation (Figs. 1 and 3, at 3 are spaced apart grooves which extend along at least a groove extension direction and raised in a direction of an elevation due to the inclined nature of the grooves in the radial direction and in [0007] and [0009] of the English translation discloses the grooves at 3 can be wave-shaped or saw-toothed), wherein the groove extension direction runs transversely to a longitudinal extension direction of a fluid tube (Figs. 1 and 3, since the surface at 3 is angled relative to a longitudinal axis of the tube 1, therefore, the groove extension direction of the grooves are at least running transversely to the longitudinal axis of the tube 1 that defines a longitudinal extension direction of tube 1) in order to have the advantage of at least obtaining a high surface pressure and improved leakage prevention (In [0007] and [0009] of the English translation discloses the advantages of having sealing grooves contact surface).
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 sealing geometry of Pascuzzi to include turning grooves which extend along a groove extension direction, wherein the groove extension direction runs transversely to a longitudinal extension direction of the fluid tube and wherein the turning grooves run around the circumferential sealing geometry from the tube end in a direction of the elevation, wherein the turning grooves which encircle the circumferential sealing geometry are arranged spaced apart from each other along the longitudinal extension direction of the fluid tube, and wherein the turning grooves are raised with a reasonable expectation of success in order to have the advantage of at least obtaining a high surface pressure and improved leakage prevention as taught by Masayoshi.
In the related field of tubular components with gripping structures, Cave teaches a tubular component having a sealing geometry and the sealing geometry has turning grooves formed by a single spiral (Figs. 1 and 3, tubular component at 17 which has a sealing geometry at 7 which includes turning grooves at 8 formed by a single spiral) in order to have at least the advantage of a known gripping structure providing a simple and effective seal against a high degree of internal pressure (In 1:1-17 discloses the gripping structure at least provides a simple and effective seal against a high degree of internal pressure).
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 grooves of Pascuzzi in view of Masayoshi for the spirally running grooves of Cave with a reasonable expectation of success in order to have the advantage of a known gripping structure providing a simple and effective seal against a high degree of internal pressure as taught by Cave. See MPEP 2143(I)(B) with regard to simple substitution of one known element for another to obtain predictable results.
Additionally, Masayoshi suggests various shapes for the sealing geometry such as the saw-toothed shape or a wavy sinusoidal shape. Therefore, one of ordinary skill in the art would reasonably consider other bearing surface shapes having grooves. Cave at least suggests a spirally threaded bearing surface which one of ordinary skill in the art would consider when determining an effective surface shape for sealing. Therefore, Pascuzzi in view of Masayoshi and Cave would reasonably suggest a sealing geometry of saw-teeth, wavy/sinusoidal profile, or spirally threaded grooves.
In regard to claim 2, Pascuzzi, Masayoshi, and Cave disclose the metallic fluid tube according to claim 1, and Masayoshi further discloses wherein the turning grooves are arranged on an entirety of the circumferential sealing geometry (Figs. 2 and 3 show the turning grooves are arranged at least on an entirety of the sealing geometry in the circumferential direction. See claim 1 above for the same reasons to combine Pascuzzi and Masayoshi.),
Pascuzzi, Masayoshi, and Cave do not expressly disclose wherein the turning grooves are arranged at least in sections on the elevation.
It is noted that applicant’s invention utilizes a known machine which is known as a lathe to form the turning grooves which in light of applicant’s specification is also used to form the elevation. However, the applicant’s elevation 117 at least shown in Fig. 3 is not a sealing surface and does not contact any other component.
It has been held that a change of shape is obvious absent persuasive evidence. In re Dailey 357 F.2d 669, 672-73 (CCPA 1966) (See MPEP 2144.04(IV)(B)). In this case, the applicant's specification does not provide criticality of the claimed turning grooves on the elevation. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Pascuzzi in view of Masayoshi and Cave such that the turning grooves are arranged at least in sections on the elevation, since this would allow for easier manufacturing by utilizing a lathe to form the spiral threads and the elevation. See https://crcwellhead.com/can-star/what-is-threading-in-a-lathe-machine-a-beginners-guide/ that discloses a lathe can be used to form spiral threads. Furthermore, having grooves on the elevation would also allow for a better gripping surface and less material which would result in a lighter weight part.
In regard to claim 3, Pascuzzi, Masayoshi, and Cave disclose disclose the metallic fluid tube according to claim 2, and Masayoshi further discloses wherein the turning grooves encircle the circumferential sealing geometry completely at least in sections (Figs. 1-3, the grooves at 3 encircle the sealing geometry at 3 completely at least in sections circumferentially. See claim 1 above for the same reasons to combine Pascuzzi and Masayoshi.).
In regard to claim 5, Pascuzzi, Masayoshi, and Cave disclose disclose the metallic fluid tube according to claim 1, and Masayoshi further discloses wherein the turning grooves form elevations and depressions in the circumferential sealing geometry (Figs. 1 and 3, the grooves at 3 form at least elevations and depressions in the circumferential sealing geometry. See claim 1 above for the same reasons to combine Pascuzzi and Masayoshi.).
In regard to claim 6, Pascuzzi, Masayoshi, and Cave disclose disclose the metallic fluid tube according to claim 1, and Pascuzzi further discloses wherein an elevation front side of the elevation facing the tube end merges into the circumferential sealing geometry (See image below, the elevation has an elevation front side facing the tube end and merges into the sealing geometry).
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In regard to claim 7, Pascuzzi, Masayoshi, and Cave disclose disclose the metallic fluid tube according to claim 1, and Pascuzzi further discloses wherein a rear step is present on an elevation rear side of the elevation facing away from the tube end (See image below, elevation has at least a rear step or sphere on an elevation rear side of the elevation facing away from the tube end), wherein the rear step connects the elevation rear side to a rear area of the tube wall outer side facing away from the tube end (See image below, the rear step or sphere connects the elevation rear side to a rear area of the tube wall outer side facing away from the tube end).
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In regard to claim 8, Pascuzzi, Masayoshi, and Cave disclose the metallic fluid tube according to claim 1, and Pascuzzi further discloses wherein the fluid tube has a tube end outer diameter at the tube end (Fig. 2, tube end has a tube end outer diameter), and wherein the fluid tube has an elevation outer diameter at the elevation (Fig. 2, at the elevation has an elevation outer diameter), wherein the elevation outer diameter is greater than the tube end outer diameter (Fig. 2, the elevation outer diameter is greater than the tube end outer diameter), wherein a tube outer diameter of the circumferential sealing geometry is reduced uniformly from the elevation outer diameter to the tube end outer diameter (Fig. 2, a tube outer diameter of the sealing geometry at 101 is reduced uniformly from the elevation to the tube end outer diameter).
In regard to claim 9, Pascuzzi, Masayoshi, and Cave disclose the metallic fluid tube according to claim 8, and Pascuzzi further discloses wherein the fluid tube has a rear area outer diameter on a rear area of the tube wall outer side facing away from the tube end (See image above for claim 7, the tube has a rear area with a rear area outer diameter on the tube wall outer side facing away from the tube end), wherein the rear outer diameter is smaller than the elevation outer diameter (Fig. 2, the rear outer diameter is smaller than the elevation outer diameter).
In regard to claim 10, Pascuzzi, Masayoshi, and Cave disclose the metallic fluid tube according to claim 1, and Pascuzzi further discloses wherein the tube wall inner side at the tube end has a tapering which runs around the tube wall inner side (See image below, the tube end has a tapering which runs around the tube wall inner side) and extends from the tube end to an area of the tube wall inner side spaced apart from the tube end (See image below, the tapering extends from the tube end to an area of the tube wall inner side spaced apart from the tube end similar to the applicant’s invention).
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In regard to claim 11, Pascuzzi, Masayoshi, and Cave disclose the metallic fluid tube according to claim 1, and Pascuzzi further discloses wherein a trough running around the tube wall inner side is arranged in an area of the tube wall inner side spaced apart from the tube end (See image below, indicated trough runs around the tube wall inner side and is spaced apart from the tube end).
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In regard to claim 12, Pascuzzi, Masayoshi, and Cave disclose a fluid connection arrangement comprising a metallic fluid tube according to claim 1 (See claim 1 above for the same reasons), and Pascuzzi further discloses further comprising:
a further fluid-conducting component which abuts on the circumferential sealing geometry of the metallic fluid tube (Fig. 2, 101 is sealing surface for connecting to a further fluid-conducting component), wherein the further fluid-conducting component has a thread (In [0027] of the English translation discloses 100 is connected by a screw connection, therefore, the further fluid-conducting component has at least a thread); and
a threaded connector comprising a counter thread complementary to the thread of the further fluid-conducting component (Fig. 2, the elevation and rear step is for a contact with a threaded connector that threads onto the further fluid-conducting component in order for the threaded connector to compress the fluid tube with the further fluid-conducting component. See Masayoshi and Zawisza (FR 2860058 A1) as examples of how these types of fluid injector tubes are used with threaded connectors and further fluid-conducting component), wherein the threaded connector is connected to the further fluid-conducting component by a screw connection (Fig. 2 and as previously mentioned, the threaded connector is connected to the further fluid-conducting component by a screw connection by the threads) and is adapted to press the further fluid-conducting component onto the sealing geometry of the metallic fluid tube such that a fluid-tight connection is formed between the metallic fluid tube and the further fluid-conducting component (Fig. 2 and as previously mentioned, the threaded connector and the further fluid-conducting component are joined by a threaded connection in order to compress the fluid tube against the further fluid-conducting component to form a fluid-tight connection).
Response to Arguments
Applicant's arguments filed 02/02/2026 have been fully considered but they are not persuasive.
In response to applicant’s arguments that Masayoshi does not disclose claim 1, however, the arguments are moot because the updated rejection above includes the prior art Cave that discloses a spirally running sealing surface. Therefore, see the updated rejection above such that Masayoshi in view of Cave disclose all the features of claim 1.
In response to applicant's argument that one of ordinary skill in the art would not be motivated to combine Cave and Masayoshi, however, the Examiner respectfully disagree because the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981). In this case, applicant’s arguments rely upon at least the plastic tubes of Cave’s is different from Masayoshi, however, such details were not relied upon and it is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference. Masayoshi teaches at least a saw-tooth shaped sealing geometry but also suggests a wavy/sinusoidal shape which one of ordinary skill in the art would reasonably consider the sealing geometry to have alternative forms. Cave would reasonably suggest a spiral shaped groove that form a plurality of turning grooves. Therefore, Masayoshi in view of Cave would reasonably suggest a sealing geometry of saw-tooth, wavy/sinusoidal, or spiral. Accordingly, applicant’s arguments appear to bodily incorporate the features of Cave into Masayoshi rather reasonably consider what Masayoshi in view of Cave would reasonably suggest to one of ordinary skill in the art.
In response to applicant’s arguments that Pascuzzi highlights a smooth and stepless sealing geometry and therefore would not be obvious to combine with Masayoshi and Cave, however, the Examiner respectfully disagree because Pascuzzi does not limit itself to only having a stepless and smooth sealing geometry. While Pascuzzi focuses on a smooth geometry, Pascuzzi also suggests the invention is not limited by the features illustrated. Therefore, one of ordinary skill in the art would reasonably consider similar types of connections such as Masayoshi and Cave. Therefore, applicant’s arguments are unpersuasive.
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 William S. Choi whose telephone number is (571)272-8223. The examiner can normally be reached Mon - Fri 9:30-5:30.
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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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/WILLIAM S. CHOI/Primary Examiner, Art Unit 3679