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.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 02/27/2026 has been entered.
Specification
Changes to the specification filed on 02/27/2026 are accepted.
Claim Objections
Claims 15-17 are objected to because of the following informalities:
Claim 15 recites “the lower surface of the head portion of the body” and should be “the lower surface
Claim 16 recites “the lower surface of the head portion of the body” multiple times and should be “the lower surface
Claim 17 recites “the lower surface of the head portion of the body” multiple times and should be “the lower surface
Claim Interpretation
Claims 10 and 19 recite “chemical-inert, solvent-inert or adhesive-inert” and the term “inert” means unreactive or lacking the power to move as defined at https://www.merriam-webster.com/dictionary/inert#:~:text=%3A%20lacking%20the%20power%20to%20move,%3A%20deficient%20in%20active%20properties. Therefore, “chemical-inert” will be interpreted as unreactive or resistive to at least one chemical that would not change the property of the tubing. “Solvent-inert” will be interpreted as the tubing is at least unreactive or resistive to being dissolved. Lastly, “adhesive inert” will be interpreted as unreactive or resistive to material change of the tubing when exposed to at least one adhesive.
Claim Rejections - 35 USC § 102
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.
Claims 1-6, 9-11, 13-15, and 19-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lancaster (GB 771824 A).
In regard to claim 1, Lancaster discloses a tubing junction assembly (Fig. 1 shows a tubing junction assembly) comprising:
a body (Fig. 1, member 13 defines a body) including a body head portion (See image below, indicated head portion defines a body head portion) defining a body proximal end portion (See image below, the head portion of the body defines a proximal end portion), a body base portion (See image below, indicated base portion defines a body base portion) extending longitudinally from the body head portion (See image below, the body base portion extends from the body head portion similar to applicant’s invention), and defining a body distal end portion (See image below, the base portion defines a distal end portion opposite the body proximal end portion), a body outer surface (See image below, the body has at least one outer surface), and an intermediate portion (See image below) interposed between the body proximal end portion and the body distal end portion (See image below, the intermediate portion is interposed axially between the body proximal end portion and the body distal end portion), wherein the intermediate portion defines a lower surface of the body head portion (See image below, the intermediate portion defines a lower surface since it is a smaller section relative to the body head portion) and a first cross-sectional width of the body outer surface that tapers from the body head portion to the body base portion (See image below, the intermediate portion also defines a first cross-sectional width of the body outer surface that tapers from the body head portion to the body base portion); and
a collar couplable to the body (Fig. 1, part 21 defines a collar couplable to the body) and comprising a collar head portion (Fig. 1, flange 23 of 21 defines a collar head portion) with a collar head proximal end portion (Fig. 1, 23 has a proximal end portion in contact with the tubing 19) and a collar head distal end portion (Fig. 1, 23 has a distal end portion opposite the proximal end portion in contact with 29), a collar base portion extending longitudinally from the collar head portion (Fig. 1, the straight portion at 21 defines a collar base portion that extends longitudinally from 23), and a collar inner surface (Fig. 1, 21 has an inner surface defining a collar inner surface) that includes a second cross-sectional width that tapers from the collar head proximal end portion to the collar head distal end portion (Fig. 1, the collar inner surface from the collar head proximal end portion of 23 to the collar head distal end portion of 23 is tapered defining a second cross-sectional width),
wherein the body is configured to have a tubing sleeved over the body outer surface (Fig. 1, the body is configured to have a tubing 19 sleeved over the body outer surface as shown), the tubing having a tubing proximal end portion (Fig. 1, proximal end portion at 17), a tubing distal end portion (Fig. 1, 19 has at least an opposite end of the proximal end portion that defines a distal end portion), a tubing outer surface (Fig. 1, 19 is a tubing which has an outer surface), and a tubing inner surface (Fig. 1, 19 has an inner surface) defining a lumen extending from the tubing proximal end portion to the tubing distal end portion (Fig. 1, 19 is a tubing, therefore, the inner surface defines a lumen extending from the proximal end portion to the distal end portion),
wherein the tubing proximal end portion is stretched over at least the lower surface (Fig. 1, proximal end portion of 19 is stretched over at least the lower surface of the body head portion),
wherein the collar is couplable to the body by sleeving the collar inner surface over at least a portion of the tubing outer surface (See image below and Fig. 1, the collar inner surface of 21 is sleeved over at least a portion of the outer surface of 19) such that the tubing proximal end portion is axially compressed between the lower surface and the collar head proximal end portion (See image below and Fig. 1, the proximal end portion at 17 of the tubing 19 is axially compressed between the lower surface of the body head portion and the collar head proximal end portion as shown).
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In regard to claim 2, Lancaster discloses the tubing junction assembly of Claim 1, wherein the lumen of the tubing has a diameter approximately equal to a third cross-sectional width of the body outer surface at the body base portion in an unstretched state of the tubing such that an interference fit is formed between the tubing inner surface and the body (See image above for claim 1, a diameter of 19 is approximately equal to a third cross-sectional width of the body outer surface at the body base portion in an unstretched state of 19 such that an interference fit as shown is formed between the inner surface of 19 and the body 13 to cause a slight deformation to 19 in order to create a tight joint. On page 1, lines 74-94 discloses the interference fit causes a slight deformation of 19 against the threads of 21 in order to form a tight connection.).
In regard to claim 3, Lancaster discloses the tubing junction assembly of Claim 2, wherein the collar inner surface at the collar base portion has a fourth cross-sectional width approximately equal to a sum of the third cross-sectional width and a thickness of the tubing sleeved over the body outer surface at the body base portion such that the tubing is radially compressed by the collar (Fig. 1, the inner surface at the base portion of 21 has a fourth cross-sectional width approximately equal to a sum of the third cross-sectional width and a thickness of the tubing sleeved over the outer surface of the body at the body base portion because the collar base portion of 21 fits over both 19 and the base portion of the body to radially compress 19 similar to applicant’s invention).
In regard to claim 4, Lancaster discloses the tubing junction assembly of Claim 1, wherein the second cross-sectional width is approximately equal to the first cross-sectional width such that the tubing proximal end portion is compressed by the collar (See image above for claim 1 and Fig. 1, the second cross-sectional width is approximately equal to the first cross-sectional width such that the tubing proximal end portion is compressed by the collar 21. The first and second cross-sectional widths are approximately equal enough to fit and compress the tubing 19 similar to applicant’s invention.).
In regard to claim 5, Lancaster discloses the tubing junction assembly of Claim 1, wherein the tubing proximal end portion forms at least a flared shape (Fig. 1, at 17 of 19 forms at least a flared shape) corresponding to a shape of the body outer surface at the intermediate portion (Fig. 1 and see image above for claim 1, the flared shape of 19 at 17 corresponds to a shape of the intermediate portion as shown).
In regard to claim 6, Lancaster discloses the tubing junction assembly of Claim 5, wherein the tubing proximal end portion forms a fifth cross-sectional width that tapers from the body head portion to the body base portion (See image above for claim 1 and Fig. 1, the tubing proximal end portion at 17 of 19 forms a fifth cross-sectional width that tapers from the head portion of the body to the base portion of the body).
In regard to claim 9, Lancaster discloses the tubing junction assembly of Claim 1, wherein the collar head proximal end portion is configured to be ultrasonically welded to the lower surface (Fig. 1, the collar head proximal end portion of 23 is configured to be ultrasonically welded to the lower surface of the head portion of 13 similar to the applicant’s invention. See note below.).
It is noted that 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 USPQ 2d 1647. See MPEP § 2114. In this case, the recitation “configured to be ultrasonically welded” is a functional recitation that does not structurally differentiate the claimed proximal end portion of the head portion of the collar and the lower surface of the head portion of the body to Lancaster’s proximal end portion of the head portion of the collar and the lower surface of the head portion of the body. Therefore, the proximal end portion of the head portion of the collar of Lancaster is configured to be ultrasonically welded to the lower surface of the head portion of the body in the same manner as applicant’s claimed invention.
In regard to claim 10, Lancaster discloses the tubing junction assembly of Claim 1, wherein the tubing comprises a chemical-inert, solvent-inert or adhesive-inert tubing (Fig. 1 and on page 1, lines 58-67 discloses 19 can be made of polyethylene which is at least a chemical-inert, solvent-inert or adhesive-inert material since it is a durable plastic that has chemical resistance).
In regard to claim 11, Lancaster discloses the tubing junction assembly of Claim 1, wherein the tubing comprises a non-polyvinyl chloride tubing (See claim 10 above, the tubing is non-polyvinyl chloride tubing such as polyethylene).
In regard to claim 13, Lancaster discloses a method of forming a tubing junction assembly (Fig. 1 shows a tubing junction assembly), the method comprising:
providing a body including body a head portion defining a body proximal end portion, a body base portion extending longitudinally from the body head portion and defining a body distal end portion, a body outer surface and an intermediate portion interposed between the body proximal end portion and the body distal end portion, wherein the intermediate portion defines a lower surface of the body head portion and a first cross-sectional width of the body outer surface that tapers from the body head portion to the body base portion (See claim 1 above that requires the same limitation of “providing a body…to the body base portion”);
sleeving a tubing over the body outer surface and stretching a tubing proximal end portion over the lower surface (See claim 1 above that requires the same limitation of “sleeving a tubing…the lower surface”);
sleeving a collar over the tubing and body such that the tubing is interposed between the collar and the body, and the tubing proximal end portion is axially compressed between the lower surface and a proximal end portion of a head portion of the collar (See claim 1 above that requires the same limitation of “sleeving a collar…of the collar”).
In regard to claim 14, Lancaster discloses the method of Claim 13, wherein sleeving the tubing over the body outer surface comprises sleeving the tubing over the body outer surface with an interference fit (See claim 2 above for the same reasons with regard to forming an interference fit), and sleeving the collar over the tubing comprises press-fitting the collar over at least a portion of the tubing (Fig. 1, 21 is sleeved over 19 and at least press-fitted over a portion of 19 by the internal surface of 21 in order to form a tight connection over a portion of the outer surface of 19 and also press-fitted over the proximal end portion at 17 by the nut 25).
In regard to claim 15, Lancaster discloses the method of Claim 13, comprising connecting the lower surface to the proximal end portion of the head portion of the collar (Fig. 1, the proximal end portion of 23 is connected to the lower surface of the head portion of the body).
In regard to claim 19, Lancaster discloses the method of Claim 13, wherein sleeving the tubing over the body outer surface comprises sleeving at least one of a chemical-inert, solvent-inert or adhesive-inert tubing over the body outer surface (See claim 10 above for the same reasons).
In regard to claim 20, Lancaster discloses the method of Claim 13, wherein sleeving the collar over the tubing comprising radially compressing the tubing (Fig. 1, 21 is sleeved over 19 and bites into the outer surface of 19 which radially compresses 19. This allows a tight and compressed fit of 19 between 21 and the base portion of 13.).
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 7 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Lancaster (GB 771824 A) in view of Patzer (US 5,578,059).
In regard to claim 7, Lancaster discloses the tubing junction assembly of Claim 6, but does not expressly disclose wherein the collar head proximal end portion is solvent bonded to the lower surface.
In the related field of pipe couplings, Patzer teaches pipe components that are frictionally fitted (Fig. 1, pipe components 17, 18, and 20 are coupled together and in 2:55-67 discloses the pipe components 17, 18, and 20 can be frictionally fitted) can be mechanically equivalently bonded together by solvent bonding (In 2:55-67 discloses 17, 18, and 20 can also mechanically equivalently bonded together by solvent bonding, UV adhesive, ultrasonic welding, or snap-fitted together) in order to have at least the advantage of a known reliable coupling connection that is mechanically equivalent to other known types of coupling connections between pipe components.
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 connection between the collar head proximal end portion and the lower surface of the head portion of the body of Lancaster to be solvent bonded with a reasonable expectation of success in order to have the advantage of a known reliable coupling connection as taught by Patzer. Additionally, solvent bonding is a known method of joining that provides advantages of at least a good process to employ to seal edges as disclosed at https://radiofrequencywelding.com/benefits-of-solvent-bonding/.
In regard to claim 16, Lancaster discloses the tubing junction assembly of Claim 15, and Lancaster in view of Patzer disclose wherein connecting the lower surface of the head portion of the body to the proximal end portion of the of the head portion of the collar comprises any of solvent bonding and ultraviolet adhesive bonding the lower surface of the head portion of the body to the proximal end portion of the head portion of the collar (See claim 7 above for the same reasons to combine Lancaster and Patzer to disclose solvent bonding).
Claims 8 and 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Lancaster (GB 771824 A) in view of Davidson et al. (US 2021/0138214 A1, hereinafter “Davidson”).
In regard to claims 8 and 16-17, Lancaster discloses the tubing junction assembly of Claim 1 and the method of Claims 13 and 15, but does not expressly disclose wherein the collar head proximal end portion is ultraviolet adhesive bonded or ultrasonically welded to the lower surface of the head portion of the body.
In the related field of pipe couplings, Davidson teaches pipe components can be suitably coupled together by ultraviolet adhesive bonding, ultrasonically welding, snap-fitting, or threading (Fig. 4, coupling between 20 and 50 and in [0081] and [0106] discloses suitable coupling arrangements can include adhesive, welding, ultrasonic welding, UV glue, interference fit, mechanical interlock, threaded engagement, snap fit engagement, or fasteners).
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 connection between the proximal end portion of the head portion of the collar and the lower surface of the head portion of the body of Lancaster to be ultraviolet adhesive bonded or ultrasonically welded with a reasonable expectation of success in order to have the advantage of a known reliable and suitable coupling connection as taught by Davidson.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Lancaster (GB 771824 A) in view of Blake et al. (US 2017/0138518 A1, hereinafter “Blake”).
Lancaster discloses the tubing junction assembly of Claim 10, but does not expressly disclose wherein the tubing comprises a thermoplastic elastomer tubing.
In the related field of pipe couplings, Blake teaches a tubing (Fig. 2, tubing 2 which similarly to Lancaster and the applicant’s invention is interference fitted) can be made of silicone or thermoplastic elastomer in order to have at least the advantage of suitable flexibility and a suitable material for interference fitting (In [0004] discloses tubing 2 can be made of silicone or thermoplastic elastomer which provides at least suitable flexibility and suitability for engaging an interference fit)
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 material of the tubing of Lancaster to be made of thermoplastic elastomer with a reasonable expectation of success in order to have the advantage of suitable flexibility and a suitable material for interference fitting as taught by Blake.
Additionally, it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. 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 material of the tubing of Lancaster to be made of a known material such as thermoplastic elastomer to have at least the advantage of ease of manufacturing and good elasticity as disclosed at https://www.xometry.com/resources/materials/tpe-vs-silicone/.
Response to Arguments
Applicant's arguments filed 02/27/2026 have been fully considered but they are not persuasive.
In response to applicant’s arguments that the sleeve 21 of Lancaster is not couplable to the union member 13 by sleeving an inner surface of the sleeve 21 over at least a portion of an outer surface of pipe 19 and not couplable to the union member 13 by sleeving an inner surface of the internally screw threaded sleeve 21 over a portion of the an outer surface of the pipe 13, however, the Examiner respectfully disagree because claim 1 recites “wherein the collar is couplable to the body by sleeving the collar inner surface over at least a portion of the tubing outer surface such that the tubing proximal end portion is axially compressed between the lower surface and the collar head proximal end portion” and the collar 21 of Lancaster is couplable or coupled to the body 13 by sleeving the collar inner surface near 27 in Fig. 1 over at least a portion of the tubing outer surface near 27 such that the tubing proximal end portion is axially compressed between the lower surface and the collar head proximal end portion. The collar 21 of Lancaster is at least rotationally sleeved by the threads and/or axially sleeved over tubing 19 in order to be in the coupled and sleeved position shown in Fig. 1. With regard to “sleeving”, if applicant intended “sleeving” to exclude rotational sleeving by threading or without any rotation, then it must be claimed. With regard to “couplable”, one of ordinary skill in the art would reasonably interpret the collar 21 of Lancaster as shown in Fig. 1 to be couplable to the body 13 because 21 is at least coupled to 13 by a nut at 25. Even without the nut 25, when 21 is sleeved over 19 and 15, it is as much structurally coupled to 13 as much as applicant’s invention. If applicant intended “couplable” to require particular structure that is distinct from the coupling shown in Lancaster, then such structure must be claimed. Therefore, applicant’s arguments are unpersuasive.
Additionally, it is noted that claims 1 and 13 are product claims and even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself and does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process. In re Thorpe, 227 USPQ 964. In this case, the collar, tubing, and body base portion of Lancaster are in a sleeved coupled position in Fig. 1 which would require at least a type of sleeving to occur in order to produce the product shown.
In response to applicant’s arguments to claims 13, 7, and 16, the applicant relied upon the same arguments for claim 1. Therefore, applicant’s arguments are unpersuasive for the same reasons above for claim 1.
Conclusion
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
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