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 .
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 status of the claims for this application is as follows.
Claims 1-15 are currently pending.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 10/14/2024 was considered by the examiner.
Drawings
The drawings were received on 10/14/2024.
Specification
The abstract of the disclosure is objected to because it contains a single “(“ in the first line and because it refer to purported merits or speculative applications of the invention.
A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: connection means in claims 2, 6, and 11 and housing fixing means in claim 12.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
Claims 4-6 and 8-15 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.
Regarding claims 4-6, the phrase "preferably" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d). The portion of the claim(s) after preferably has been remove in order to make the claim clearer.
Regarding claims 8, the phrase "for example" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d). The portion of the claim(s) after for example has been remove in order to make the claim clearer.
The claims have been rejected as best understood.
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)(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.
Claim(s) 1-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by FR 3017922, (hereinafter, FR-922).
At the outset the applicant is reminded that:
1. While features of an apparatus may be recited either structurally or functionally, claims directed to an apparatus must be distinguished from the prior art in terms of structure rather than function. In re Schreiber, 128 F.3d 1473, 1477-78, 44 USPQ2d 1429, 1431-32 (Fed. Cir. 1997).
2. 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).
Re Clm 1: FR-922 discloses a connector (see Figs. 1-22) for connecting a duct for circulating a fluid to a utility, said connector comprising:
a hollow body (the hollow body of 100) defining a channel (the bore of 100) for the passage of said fluid between a first opening (100’s first opening) and at least one second opening (100’s second opening), said hollow body being configured for being constrained to said duct at said at least one second opening; and
an interface member (20 or 30, see Figs. 2 and 6, respectively) associated with said hollow body substantially at said first opening (see Figs. 3 and 7), said interface member being configured for associating said connector to an anchorage structure, said interface member also being configured for connecting said connector to said utility and for allowing a fluid communication between said channel of the hollow body and said utility; wherein said hollow body and said interface member are, during use, freely rotating in a reciprocating manner around a rotation axis (FR-922 is made to or is capable of performing the intended use language of the claim).
Re Clm 2: FR-922 discloses wherein said hollow body comprises a first section (see the first leg) extended from said first opening along said rotation axis (the axis of the one leg) and at least one second section (see the second leg) extended from said at least one second opening (see the other leg), said at least one second section extended along a direction not parallel to said rotation axis (see the other leg);
and/or wherein said hollow body comprises a single second opening;
and/or wherein said connector (1) is an elbow connector and said at least one second section is extended in a direction substantially orthogonal to said rotation axis.
Re Clm 3: FR-922 discloses wherein said interface member comprises first connection means (see the threads) for the association with said anchorage structure ;
and/or wherein said first connection means comprise a thread at an external surface of said interface member adapted to contact said anchorage structure;
and/or wherein said first connection means are configured for associating said connector to said anchorage structure by means of at least one from among the following coupling types: shaping coupling, fitting coupling, coupling via parts interference.
Re Clm 4: FR-922 discloses wherein said interface member comprises:
a first seat (at the smaller diameter end) configured for housing at least one portion of said hollow body comprising said first opening (the opening at the smaller diameter end); a second seat (at the larger diameter end), configured for connecting said utility;
a passage (the bore) between said first seat and said second seat (see the bore), said passage being configured, during use, for placing in fluid communication said first opening and said utility;
and/or wherein said hollow body has, on an external surface thereof, an enlargement substantially at said first opening, said enlargement being housed in said first seat;
and/or wherein said interface member has, at said first seat, at least one riveted end portion towards the rotation axis and substantially perpendicular to said rotation axis, said riveted end portion being configured for narrowing an access to said first seat;
and/or wherein said interface member is associated with said hollow body via parts interference.
Re Clm 5: FR-922 discloses wherein said passage is extended in a direction (see the bore) substantially parallel.
Re Clm 6: FR-922 discloses wherein said second seat comprises second connection means (the internal surface) configured for connecting said utility to said connector;
and/or wherein said second connection means comprise a thread at a portion of said second seat adapted to at least partially contact said utility;
and/or wherein said second connection means are configured for associating said connector with said utility by means of at least one from among the following coupling types: shaping coupling, fitting coupling, coupling via parts interference.
Re Clm 7: FR-922 discloses a constraint member (102 and 70) associable with said hollow body substantially at said second opening, said constraint member being configured for constraining said connector and said duct together;
and/or wherein, when associated with said hollow body, said constraint member defines with said hollow body a space for housing said duct around said hollow body;
and/or wherein said constraint member is configured for constraining said connector and said duct by means of a pressing connection;
and/or wherein said constraint member is configured for constraining said connector and said duct by means of a tightening connection.
Re Clm 8: FR-922 discloses a fixing system (see Figs. 1-22) for connecting a duct for circulating a fluid to a utility comprising:
at least one connector (100) according to claim 1 (see the rejection of claim 1 above); and
an anchorage structure (10, 12, and at least one of 40, 50, and 60, respectively) configured for being associated with a wall, at least one hole in the wall itself,
said anchorage structure being configured for being connected to said at least one connector (see Figs. 3-5, 8, and 9); said at least one connector and said anchorage structure being, during use, connected at said interface member (see Figs. 3-5, 8, and 9), said interface member at least partially traversing said wall at said at least one hole.
Re Clm 9: FR-922 discloses wherein said interface member comprises:
a penetration portion (the portion that is made to or is capable of extending through a wall) and configured, during use, for at least partially traversing said wall (W) at said at least one hole (see Figs. 3-5, 8, and 9); and
an abutment portion (the portion that would be in axial continuity with said penetration portion outside of a wall and outside at least one hole and in contact with said anchorage structure) in axial continuity with said penetration portion and configured, during use, for being arranged outside said at least one hole and in contact with said anchorage structure or said wall;
and/or wherein said penetration portion is extended substantially along said rotation axis;
and/or wherein said penetration portion has a substantially cylindrical form;
and/or wherein said penetration portion has a substantially frustoconical form and/or wherein said abutment portion has a substantially flat extension.
Re Clm 10: FR-922 discloses wherein said anchorage structure comprises a connection portion (12 or 40 or 50) for each connector,
said connection portion being configured, during use, for being arranged in said at least one hole and for being connected to said interface member in order to associate said anchorage structure and said connector with each other;
and/or wherein said connection portion has substantially cylindrical form (see Figs. 3- 9);
and/or wherein said anchorage structure is a modular structure comprising at least two modules provided with association means for a mutual association;
and/or wherein said connection portion comprises at least one notch, extended along at least part of a longitudinal extension of said connection portion.
Re Clm 11: FR-922 discloses wherein said interface member comprises first connection means (see the threads) for the association with said anchorage structure;
and/or wherein said first connection means comprise a thread at an external surface of said interface member adapted to contact said anchorage structure;
and/or wherein said first connection means are configured for associating said connector to said anchorage structure by means of at least one from among the following coupling types: shaping coupling, fitting coupling, coupling via parts interference; and wherein said connection portion comprises third connection means configured for cooperating with said first connection means of the interface member in order to associate said anchorage structure and said connector;
and/or wherein said third connection means comprise at least one thread at an internal surface of said connection portion adapted to contact said interface member;
and/or wherein said third connection means are configured for cooperating with said first connection means of the interface member in order to make at least one from among the following coupling types: shaping coupling, fitting coupling, coupling via parts interference.
Re Clm 12: FR-922 discloses wherein said anchorage structure comprises a flat portion (the portion on the side facing 100) configured for adhering to said wall, said connection portion (12) being protruding from said flat portion;
and/or wherein said flat portion comprises a plurality of seats for housing fixing means adapted to constrain the anchorage structure to the wall.
Re Clm 13: FR-922 discloses wherein said anchorage structure (10, 12, and at least one of 40, 50, and 60, respectively) comprises at least one stabilization element (the flange 12) adapted, during use, to contact said wall and configured for preventing the detachment of said anchorage structure from said wall;
and/or wherein said at least one stabilization element comprises at least one elastically pliable tab;
and/or wherein said at least one stabilization element comprises at least one rib emerging from said connection portion.
Re Clm 14: FR-922 discloses a method for installing a fixing system (see Figs. 1-22) for connecting at least one duct for circulating a fluid to a utility comprising at least the following steps:
arranging the fixing system in accordance with claim 8 (see the rejection of claim 8 and any claim 8 depends from);
extracting said at least one duct (101) from at least one hole made in the wall (see Figs. 14-22, the hole 101 penetrates);
positioning said anchorage structure at said at least one hole (see Figs. 20-22);
constraining said at least one duct with the corresponding connector at said second opening of the hollow body (see Figs. 14-22);
associating each connector with said anchorage structure by inserting each connector frontally with respect to said anchorage structure (see Figs. 14-22).
Re Clm 15: FR-922 discloses an installation method according to claim 14 comprising a step of connecting said connector to said utility;
and/or wherein said step of associating said connector with said anchorage structure provides for screwing said interface member;
and/or wherein said step of associating said connector with said anchorage structure does not provide for a use of further means for fixing the connector to the anchorage structure (see Figs. 14-22).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The following documents have structural features which are similar to the applicant’s claimed invention; DE-102017126801-A1, DE-19916432-C2, AT-15972-U1, DE-2209474-A1, EP-0085329-A2, KR-20040043630-A, and JP-08144335-A.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES A LINFORD whose telephone number is (571)270-3066. The examiner can normally be reached Monday thru Friday: 8:00 am to 5:00 pm Eastern Time.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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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JAMES ALBERT LINFORD
Examiner
Art Unit 3679
09/04/2025
/Matthew Troutman/Supervisory Patent Examiner, Art Unit 3679