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.
Election/Restrictions
Claims 1, 3-10, and 13-116 are currently pending.
Claims 15 and 16 are newly added.
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: coupling mechanism in claim 1, retaining element in claim 5, and compressing element in claim 5.
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
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 1, 3-6, 8-10, 13 and 14 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 1 recites “the first part and the second part comprise complementary parts of a coupling mechanism configured to mechanically connect the first part to the second part and to move the first part and the second part apart.
The claim language is unclear as to how the complementary parts of the first part and the second part, themselves, are configured to move the first part and the second part apart. How are the complementary parts of the first part and the second part, themselves, configured to move? What is making the complementary parts of the first part and the second part move so that the first part and the second part separate. The claim and the specification is unclear as to how these parts generate any type of momentum, on their own, that allows them to then self-separate and to separate the first part and the second part.
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, 3-6, 8-10, and 13-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by FR 2664672, (hereinafter, FR-672).
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 parted Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987).
Re Calm 1: FR-672 discloses a coupling assembly (see Figs. 1-8; note that Fig. 5 is being used to illustrates the thread forms not shown in Fig. 8) for connecting fluid lines, comprising:
a first part (22 and 14) comprising a sleeve (of 22 and 14);
a second part (13) comprising an insert (the insertable portion of 13); and
at least one seal (32),
wherein:
the first part and the second part comprise complementary parts (the threads of 14 and the threads of 13) of a coupling mechanism (the threads of 14 and 13) configured to mechanically connect the first part to the second part (when 14 and 13 are threaded together) and to move the first part and the second part apart (when 14 and 13 are unthreaded, 14 and 13 move apart from each other):
the sleeve (of 22 and 14) comprises an opening configured to accommodate the insert (see Fig. 8),
the at least one seal being arranged between the first part and the second part to provide a fluid-tight connection between the first part and the second part in response to the insert being arranged in an end position within the sleeve (see Fig. 8, the end position contains the structure that holds 32); and the sleeve (10 and/or the gap between 13 and 22 or 14) and/or the insert (the gap between 13 and 22 or 14 and/or the spacing between the 11s, that is the 9A, 9B, and 9C, as illustrated in Fig. 5) comprise at least one vent opening (see Figs. 5 and 8) configured to provide a fluid path from an inner volume of the coupling assembly to a surrounding in response to the insert being arranged within the sleeve in a position between the opening of the sleeve and the end position (see Fig. 8).
Re Clm 3: FR-672 discloses wherein the coupling mechanism comprises a threaded connection (see Figs. 5 and 8), the sleeve including a female thread (12) and the insert including a male thread (11) configured to mechanically engage with the female thread of the sleeve.
Re Clm 4: FR-672 discloses wherein the insert comprises a non-threaded section (9A) arranged between a first threaded section (one of the 11s) and a second threaded section (another of the 11s), outer diameters (at the peaks of the threads of the 11s) of the first threaded section and the second threaded section exceeding an outer diameter of the non-threaded section (as illustrated in Fig. 5).
Re Clm 5: FR-672 discloses a retaining element (the element that retains 32 and 29 and contains element 23) and a compressing element (the structure that contains element 24), the sleeve including an end wall (the end of the wall structure that retains 32 opposite element 23), the retaining element being configured to circumferentially encompass a fluid line along a section of a longitudinal axis of the fluid line, and the compressing element being configured to compress the retaining element between the end wall (see Fig. 8) and the compressing element in response to the insert being arranged in the end position within the sleeve (see Fig. 8).
Re Clm 6: FR-672 discloses wherein a section of the compressing element is shaped as a cone, a frustrum, a hemisphere, a cylinder, or a prism (see the section containing 24).
Re Clm 8: FR-672 discloses wherein: the at least one vent opening is arranged in a lateral surface of the sleeve (10); and/or the sleeve comprises an end wall and the at least one vent opening is arranged in the end wall (the flanged end wall of 22 penetrated by 24, the opening in the flanged end wall).
Re Clm 9: FR-672 discloses wherein the at least one vent opening is formed as a groove (the groove of the threads) or channel (9A, 9B, or 9C) in an outer surface of the insert.
Re Clm 10: FR-672 discloses a passage (see Fig. 8, one of the 28s) configured to: accommodate a vacuum insulated fluid line, and allow for the vacuum insulated fluid line to extend through the coupling assembly along a longitudinal axis of the coupling assembly.
Re Clm 13: FR-672 discloses a fluid line connection (see Figs. 5 and 8), comprising: a coupling assembly according to claim 1 (see the rejection of claim 1), the first part being attached to a first fluid line (see Fig. 8 and page 5/6, lines 8-12) and the second part being attached to a second fluid line (see Fig. 8 and page 5/6, lines 8-12), wherein: the insert of the second part is arranged in the end position within the sleeve of the first part (see Fig. 8); and the at least one seal is arranged between the first part and the second part (see Fig. 8) to provide a fluid-tight connection between the first part and the second part.
Re Clm 14: FR-672 discloses wherein the coupling assembly further comprises: a retaining element (the element that retains 32 and contains element 23) and a compressing element (the structure that contains element 24), the sleeve including an end wall (the end of the wall structure that retains 32 opposite element 23), the retaining element being configured to circumferentially encompass a fluid line along a section of a longitudinal axis of the fluid line, and the compressing element being configured to compress the retaining element between the end wall (see Fig. 8) and the compressing element in response to the insert being arranged in the end position within the sleeve (see Fig. 8), wherein the retaining element is compressed between the end wall of the sleeve and the compressing element (see Fig. 8), the first fluid line being mechanically attached to the first part via the retaining element (see Fig. 8 and page 5/6, lines 8-12).
Re Clm 15: FR-672 a coupling assembly (see Figs. 1-8; note that Fig. 5 is being used to illustrates the thread forms not shown in Fig. 8) for connecting fluid lines, comprising:
a first part (22 and 14) comprising a sleeve (of 22 and 14);
a second part (13) comprising an insert (the insertable portion of 13); and
at least one seal (32), and
a coupling mechanism (the threads of 14 and 13) configured to mechanically connect the first part to the second part (via the threads), the coupling mechanism including a threaded connection (the threads of 14 and 13), the sleeve including a female threaded section (10) and the insert including a male threaded section (11) configured to mechanically engage with the female threaded section of the sleeve (10 and 11 are made to or capable of mechanically engaging),
wherein: the insert comprises a non-threaded section (such as 9A) arranged between a first threaded section (to the left of 9A) and a second threaded section (to the right of 9A), outer diameters of the first threaded section (at the crest of the threads) and the second threaded section (at the crest of the threads) exceeding an outer diameter of the non-threaded section (at the flat location or 9A), and an axial length of the non- threaded section (the entire length) of the insert exceeds an axial length of the female threaded section of the sleeve (the length of one of the threads of 12A); the sleeve comprises an opening configured to accommodate the insert (see Fig. 5),
the at least one seal being arranged between the first part and the second part to provide a fluid-tight connection between the first part and the second part in response to the insert being arranged in an end position within the sleeve (see Fig. 8, the end position contains the structure that holds 32); and the sleeve (10 and/or the gap between 13 and 22 or 14) and/or the insert (the gap between 13 and 22 or 14 and/or the spacing between the 11s, that is the 9A, 9B, and 9C, as illustrated in Fig. 5) comprise at least one vent opening (see Figs. 5 and 8) configured to provide a fluid path from an inner volume of the coupling assembly to a surrounding in response to the insert being arranged within the sleeve in a position between the opening of the sleeve and the end position (see Fig. 8).
Response to Arguments
Applicant's arguments filed 12/24/2025 have been fully considered but they are not persuasive.
Applicant argues, on page 7 in line 10 through page 9 line 11, that FR-672 fails to disclose the first part and the second part comprise complementary parts of a coupling mechanism configured to mechanically connect the first part to the second part and to move the first part and the second part apart and that there is no fluid seal between the parts.
FR-672 does not prevent whipping, blowing apart connections, injuries, and/or flying part when disconnected under pressure.
This is not persuasive.
FR-672 discloses that the threads of the first part and the second part comprise complementary coupling parts/mechanisms, that is the threads of 14 and the threads of 13. The threads of 14 and 13 are configured to mechanically connect the first part to the second part when 14 and 13 are threaded together and to move the first part and the second part apart when 14 and 13 are unthreaded, because 14 and 13 move apart from each other when unthreading occurs.
As for applicant’s remarks pertaining to FR-672 not prevent whipping, blowing apart connections, injuries, and/or flying part when disconnected under pressure, the examiner notes that these remarks are not commensurate with the scope of the claims.
Allowable Subject Matter
Claim 7 is 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.
Claim 16 is allowed.
Reasons for Allowance
The prior art of record does not anticipate all the limitations as recited in independent claim 16.
The prior art does not provide any teaching, suggestion or motivation (TSM) to modify the prior art as such.
There is no cogent reasoning that is unequivocally independent of hindsight that would have led one of ordinary skill in the art at the time the invention was made to modify the prior art to obtain the applicant’s invention.
Even though, the individual parts are known per se, there is nothing to teach the specific structures and structural combinations as claimed. More specifically it is the totality of that which is claimed that is not found in the art of record.
Also refer to page 9 line 11 in Applicant’s Remarks filed 12/24/2025.
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 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.
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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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JAMES ALBERT LINFORD
Examiner
Art Unit 3679
04/01/2026
/Matthew Troutman/Supervisory Patent Examiner, Art Unit 3679