DETAILED ACTION
Non-Final Rejection
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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 3 September 2026 has been entered.
Response to Amendment
The amendment filed 4 August 2026 has been entered. Claims 1-15 remain pending in the application.
Claim Rejections - 35 USC § 103
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 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.
Claims 1-4 and 8-15 are rejected under 35 U.S.C. 103 as being unpatentable over Hughett (U.S. Patent Publication 2009/0293684) in view of Grether (U.S. Patent 7,661,608).
Regarding claim 1, Hughett discloses a tool 10 for assembling and/or for disassembling a sanitary insert part 12, wherein the tool is specified to input a rotating movement and/or a torque into the sanitary insert part, the tool comprising:
a drive portion 50; and
at least one of latching means 70/72 or mating latching means 38/40 on the drive portion for a releasable and/or captive connection to the sanitary insert part (FIG. 1, 2, 4, 6, 7; Paragraph 18-22).
Hughett is silent regarding the connection between the at least one latching means or mating latching means of the drive portion and the sanitary insert being snap-fit.
Grether teaches utilizing a snap-fit connection (Col. 7 ln 31-33) to connect two ring shaped components (housing parts 7, 8) in a releasable manner (FIG. 1; Col. 7 ln 31-33).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing to modify Hughett by making the connection between the at least one latching means or mating latching means of the drive portion and the sanitary insert by way of snap-fit, as taught by Grether, for the purpose of utilizing a reliable, releasable means of connecting two ring shaped components while maintaining the ability to move the two components as a single unit.
Regarding claim 2, Hughett, as modified above, discloses the claimed invention substantially as claimed, as set forth above for claim 1.
Hughett further discloses the drive portion comprises a wall 62, having a consistent cross-sectional contour with at least one of a cylindrical or polygonal shape (FIG. 1).
Regarding claim 3, Hughett, as modified above, discloses the claimed invention substantially as claimed, as set forth above for claim 1.
Hughett further discloses at least one of the latching means or the mating latching means are disposed on one side of the drive portion (FIG. 1).
Regarding claim 4, Hughett, as modified above, discloses the claimed invention substantially as claimed, as set forth above for claim 1.
Hughett further discloses the tool includes at least two of the latching means (multiple of 70/72) or two of the mating latching means (multiple of 38/40) (FIG. 1).
Regarding claim 8, Hughett, as modified above, discloses the claimed invention substantially as claimed, as set forth above for claim 1.
Hughett further discloses a sanitary insert part 12, comprising a body 28 including at least one of latching means or mating latching means 38/40 that are adapted to be releasably and/or captively connected to at least one of the latching means 70/72 or the mating latching means of the tool 10 according to claim 1 (FIG. 1, 2, 4, 6, 7; Paragraph 18-22).
Regarding claim 9, Hughett discloses a set comprising:
a tool 10,
a sanitary insert part 12,
wherein the tool is specified for at least one of assembling or for disassembling the sanitary insert part, and
the tool for the at least one of assembling or for disassembling is configured for a captive connection to the sanitary insert part (FIG. 1, 2, 4, 6, 7; Paragraph 18-22).
Hughett is silent regarding the connection between the at least one latching means or mating latching means of the drive portion and the sanitary insert being snap-fit.
Grether teaches utilizing a snap-fit connection (Col. 7 ln 31-33) to connect two ring shaped components (housing parts 7, 8) in a releasable manner (FIG. 1; Col. 7 ln 31-33).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing to modify Hughett by making the connection between the at least one latching means or mating latching means of the drive portion and the sanitary insert by way of snap-fit, as taught by Grether, for the purpose of utilizing a reliable, releasable means of connecting two ring shaped components while maintaining the ability to move the two components as a single unit.
Regarding claim 10, Hughett, as modified above, discloses the claimed invention substantially as claimed, as set forth above for claim 9.
Hughett/Grether further teaches the snap-fit connection between the tool and the sanitary insert part include a snap-fit (Grether Col. 7 ln 31-33).
Regarding claim 11, Hughett discloses a method for assembling and/or disassembling a sanitary insert part 12 using a tool 10, the method comprising:
providing the tool specified for at least one of assembling or for disassembling the sanitary insert part, and
captively connecting the tool to the sanitary insert part for the at least one of assembling or disassembling (Paragraph 18-22, 24).
Hughett is silent regarding the captive connection is by way of a snap-fit connection.
Grether teaches utilizing a snap-fit connection (Col. 7 ln 31-33) to connect two ring shaped components (housing parts 7, 8) in a releasable manner (FIG. 1; Col. 7 ln 31-33).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing to modify Hughett by making the captive connection by way of a snap-fit connection, as taught by Grether, for the purpose of utilizing a reliable, releasable means of connecting two ring shaped components while maintaining the ability to move the two components as a single unit.
Regarding claim 12, Hughett, as modified above, discloses the claimed invention substantially as claimed, as set forth above for claim 11.
Hughett/Grether further teaches the snap-fit connection between the tool (1) and the sanitary insert part is performed by a snap-fit (Grether Col. 7 ln 31-33).
Regarding claim 13, Hughett, as modified above, discloses the claimed invention substantially as claimed, as set forth above for claim 11.
Hughett further discloses releasing the tool from the sanitary insert part by applying a force greater than a weight force of the tool (Paragraph 24-25).
Regarding claim 14, Hughett, as modified above, discloses the claimed invention substantially as claimed, as set forth above for claim 11.
Hughett further discloses the captively connecting including a first latching means 70/72 of the tool interacting with a first mating latching means 38/40 of the sanitary insert part (FIG. 1, 2, 4, 6, 7; Paragraph 24).
Regarding claim 15, Hughett, as modified above, discloses the claimed invention substantially as claimed, as set forth above for claim 14.
Hughett further discloses a second latching means (multiple of 70/72) of the tool interacting with a second mating latching means (multiple of 38/40) of the sanitary insert part (different projections 70 engage with different recesses 40 and different projections 38 engage with different recesses 72) (FIG. 1, 2, 4, 6, 7; Paragraph 24).
Claims 5-7 are rejected under 35 U.S.C. 103 as being unpatentable over Hughett in view of Grether in further view of Kolvereid (U.S. Patent 5,216,941).
Regarding claim 5, Hughett discloses the claimed invention substantially as claimed, as set forth above for claim 4.
Hughett is silent regarding the two latching means or the two mating latching means are differently spaced apart from an axial axis of the tool.
However, Kolvereid teaches a tool 36 comprising two latching means 38/40 or the two mating latching means are differently spaced apart from an axial axis of the tool (FIG. 18-19; Col. 6 ln 62-Col. 7 ln 16).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing to modify Hughett by adding a second ring of teeth on the tool and an associated second ring of mating latching means, as taught by Kolvereid, for the purpose of achieving powerful tightening of the components in a simple manner (Col. 7 ln 6-9).
Regarding claim 6, Hughett discloses the claimed invention substantially as claimed, as set forth above for claim 4.
Hughett is silent regarding the two latching means and/or the two mating latching means are disposed on two mutually spaced apart circular paths about an axial axis of the tool.
However, Kolvereid teaches a tool 36 comprising two latching means 38/40 and/or the two mating latching means are disposed on two mutually spaced apart circular paths about an axial axis of the tool (FIG. 18-19; Col. 6 ln 62-Col. 7 ln 16).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing to modify Hughett by adding a second ring of teeth on the tool and an associated second ring of mating latching means, as taught by Kolvereid, for the purpose of achieving powerful tightening of the components in a simple manner (Col. 7 ln 6-9).
Regarding claim 7, Hughett discloses the claimed invention substantially as claimed, as set forth above for claim 4.
Hughett is silent regarding the two latching means and/or mating latching means have different longitudinal extents in an axial direction of the tool.
However, Kolvereid teaches a tool 36 comprising two latching means 38/40 and/or mating latching means have different longitudinal extents in an axial direction of the tool (FIG. 18-19; Col. 6 ln 62-Col. 7 ln 16).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing to modify Hughett by adding a second ring of teeth on the tool and an associated second ring of mating latching means, as taught by Kolvereid, for the purpose of achieving powerful tightening of the components in a simple manner (Col. 7 ln 6-9).
Response to Arguments
Applicant's arguments filed 4 August 2026 have been fully considered but they are not persuasive.
Applicant argues that the aim of Grether is to secure retention. The snap-fit connection is utilized to achieve such a connection. However, Applicant is incorrect in equating the ability to remain secure with the inability to remove. The snap-fit connection between the two ring shaped elements of Grether was chosen to have available all of the benefits of such a connection. One of ordinary skill in the art understands that a snap-fit connection provides a secure connection that also possesses the ability to disconnect the components. Had Grether intended for a permanent connection incapable of removal, a snap-fit connection would not have been the chosen means of connection. Taking the teachings of Grether in their totality, one of ordinary skill in the art would know that such a connection means could be applied to Hughett to achieve a reliable connection capable of remaining connected or disconnected with expedience should the operator desire. The snap-fit connection as taught by Grether is robust enough to allow the modified aerator tool of Hughett to perform in the intended manner, while allowing for a release of connection in line with the intent of Hughett. Accordingly, applicant’s arguments are not persuasive.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER D BALLMAN whose telephone number is (571)272-9984. The examiner can normally be reached Mon-Fri 6:00-3:00.
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/CHRISTOPHER D BALLMAN/ Examiner, Art Unit 3753
/MICHAEL R REID/ Primary Examiner, Art Unit 3753
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