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
Applicant’s election without traverse of Species I in the reply filed on 06/16/2026 is acknowledged.
Election was made without traverse in the reply filed on 06/16/2026.
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 12/13/2024 was considered by the examiner.
Drawings
The drawings were received on 12/13/2024.
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 1-15 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 1 and 10, the phrase "possibility" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention.
Regarding claim 1, the phrase "intended to be" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention.
The claims have been rejected as best understood.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of pre-AIA 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) the invention was known or used by others in this country, or patented or described in a printed publication in this or a foreign country, before the invention thereof by the applicant for a patent.
(b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of application for patent in the United States.
Claim(s) 1, 2, 12, 14, and 15 is/are rejected under pre-AIA 35 U.S.C. 102(a)(1) as being anticipated by DE 1232416, (hereinafter, DE-416).
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: DE-416 discloses a fluidic connection device (see Figs. 1-3), comprising:
a flange (6), forming an external front axial surface (right on 6) and an external rear axial surface (left on 6), opposite the external front axial surface, the external front axial surface and the external rear axial surface being annular, perpendicular to a central longitudinal axis of the flange, and oriented to be faced respectively in a frontward direction parallel to the longitudinal axis of the flange, and in a rearward direction opposite the frontward direction (see Figs. 1-3); and
at least one nozzle (2’ and 1’) centered around a longitudinal axis, through which passes a distal internal channel (see Figs. 1-3), and which is configured so as to be fluidically coupled to a complementary connection device, the nozzle comprising: a rear end (the right end), mounted in an internal housing of the flange (see Figs. 1-3, the right end is at least partially mounted in the flange); and a front end, disposed beyond the external front axial surface of the flange in the frontward direction (see Figs. 1-3); the nozzle being mounted in the flange (see Figs. 1-3): with the possibility of tilting relative to the flange (such being a possibility); and with the possibility of limited movement relative to the flange in the frontward and rearward directions (such being a possibility) and in all the directions radial to the longitudinal axis of the flange (such being a possibility); the rear end of the nozzle being integrally secured in movement with the flange radially to the longitudinal axis (see Figs. 1-3), allowing for radial clearances between an external collar (2) of the nozzle and the flange (see Figs. 1-3), the external collar being cylindrical and arranged at the rear end of the nozzle (see Figs. 1-3);
a cover (the member above 6), which forms a rear axial surface capable of cooperating with the external front axial surface of the flange in order to guide a movement of the flange relative to the cover radially to the longitudinal axis of the flange (at least when being assembled, note that this s also considered to be a product by process means),
wherein the fluidic connection device includes
a rod (see Figs. 1-3, the element between 2 and 2’ in Fig. 3 and then element 4) comprising: an intermediate internal channel (see Figs. 1-3); a front end, mounted in sealed cooperation with the rear end of the nozzle (see Figs. 1-3) with the possibility of tilting of the rod relative to the nozzle and relative to the flange (such being a possibility, such as, during assembly), the front end of the rod being integrally secured to the rear end of the nozzle along the longitudinal axis of the nozzle (see Figs. 1-3), allowing for operating clearances (see Figs. 1-3), and the front end of the rod being integrally secured to the rear end of the nozzle radially to the longitudinal axis of the nozzle (see Figs. 1-3), allowing for operating clearances (see Figs. 1-3), for fluidic communication between the distal internal channel of the nozzle and the intermediate internal channel of the rod (see Figs. 1-3); and
a rear end (1 and the member above 5) disposed beyond the flange (see Figs. 1-3), along the rearward direction for fluidic communication between the intermediate internal channel of the rod and a proximal internal conduit (of 1), relative to which the cover is intended to be immovable (see Figs. 1-3, the longitudinal movement is immovable);
with the intermediate internal channel passing through the rod from the front end of the rod to the rear end of the rod (see Figs. 1-3).
Re Clm 2: DE-416 discloses wherein the front end of the rod is received in a sealed manner in an internal housing of the rear end of the nozzle (see Fig. 3).
Re Clm 12: DE-416 discloses wherein a length of the rod, as measured between the front end and the rear end of the rod along a longitudinal axis of the rod, is strictly less than a length of the nozzle, as measured between the front end and the rear end of the nozzle along the longitudinal axis of the nozzle (see Fig. 1).
As for claim 14: the recitation of “the fluidic connection device according to claim 1 and the complementary connection device, configured so as to be coupled with the nozzle of the fluidic connection device” is merely setting forth the rejected complementary connection device of claim 1 and further defining the non-positively recited element of complementary connection device.
As for claim 15: claim 15 is merely further defining the non-positively recited element of complementary connection device.
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) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over DE 1232416, (hereinafter, DE-416) as applied to claims 1, 2, 12, 14, and 15 above.
Re Clm 13: DE-416 discloses the nozzle, the distal internal channel of the nozzle, and the longitudinal axis of the nozzle.
DE-416 fails to disclose a valve disposed in the disclosed distal internal channel of the nozzle, which is movable relative to the disclosed nozzle along the disclosed longitudinal axis of the disclosed nozzle between an advanced position for closing the disclosed distal internal channel and a retracted position for opening the disclosed distal internal channel.
Internal valves allow for fluid to be retained or captured in a joint or a portion of a system during separation of said joint or system, for the purpose of preventing a leak during a separation of said joint or said portion of the system and/or for the prevention of unwanted fluid loss during a joint separation.
The examiner is taking Official notice that it is old and well-known to have a valve disposed in a channel of a tubular member, which is movable relative to the tubular member along the longitudinal axis of the tubular member between an advanced position for closing the channel and a retracted position for opening the channel, for the purpose of preventing a leak during a separation of said joint or said portion of the system and/or for the prevention of unwanted fluid loss during a joint separation.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to have modified the device of DE-416, to have included a valve disposed in the disclosed distal internal channel of the nozzle, which is movable relative to the disclosed nozzle along the disclosed longitudinal axis of the disclosed nozzle between an advanced position for closing the disclosed distal internal channel and a retracted position for opening the disclosed distal internal channel, with a reasonable expectation of success because such a structural configuration is old and well-know, for the purpose of preventing a leak during a separation of a joint or a portion of the system and/or for the prevention of unwanted fluid loss during said joint separation.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The following documents have structural features (movable means of a pipe joint) which are similar to the applicant’s claimed invention; FR-608847-A, US-0685876-A, US-0872121-A, US-1271179-A, US-2424897-A, and US-2974501-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.
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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
08/26/2026
/Matthew Troutman/ Supervisory Patent Examiner, Art Unit 3679
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