DETAILED ACTION
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 .
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.
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) 1-6, 10-15, and 19-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Blosse et al. (U.S. Patent No. 11,662,047).
Regarding claim 1, Blosse et al. disclose a tube fastening structure (Figs. 1-12) comprising: a tube (40) configured to supply a fluid to a fluid supply target (19); a support portion (20 and 44, the clamp 20 and the component 44 are considered a supporting “portion” for the structure) through which the tube (40) passes, the support portion (20 and 44) being fixed to a case (11, given the broadest reasonable interpretation the term “case” reads on any enclosure); and a rotation prevention ring (41) coupled (integrally coupled) to the tube (40) and having one side configured to be bent and coupled to the support portion (Column 6 line 56-Column 7 line 7).
Regarding claim 2, Blosse et al. disclose the tube fastening structure (Figs. 1-12), wherein the tube (40) comprises a ring coupling portion (at 41) to which the rotation prevention ring (41) is coupled (integrally coupled), and wherein the ring coupling portion (41) comprises a stepped portion (Fig. 3) protruding in an axial direction (Fig. 3) of the tube (40).
Regarding claim 3, Blosse et al. disclose the tube fastening structure (Figs. 1-12), wherein the support portion (20 and 44) comprises at least one slot (in between 46, Fig. 4) extending in a radial direction (Fig. 4) of the tube (40).
Regarding claim 4, Blosse et al. disclose the tube fastening structure (Figs. 1-12), wherein the at least one slot (Fig. 4) comprises a plurality of slots (Fig. 4), and wherein each of the plurality of slots is arranged at equal intervals (Fig. 4) in a circumferential direction (Figs. 3-6) of the tube (40).
Regarding claim 5, Blosse et al. disclose the tube fastening structure (Figs. 1-12), wherein the case comprises: a first case (17) supporting the fluid supply target (19); and a second case (11) at an outer side (Fig. 1) compared to the first case (17) from the fluid supply target (19), the first case (17) being closer to the fluid supply target (19) than the second case (11), and wherein the support portion (20 and 44) further comprises a case fixing portion (25) coupled and fixed to an outer surface (Fig. 2) of the second case (11).
Regarding claim 6, Blosse et al. disclose the tube fastening structure (Figs. 1-12), further comprising a bushing (18) coupled to a first end (Fig. 1) of the tube (40), wherein the first case (17) is coupled and fixed to an outer surface of the first end (Fig. 1) of the tube (40).
Regarding claim 10, Blosse et al. disclose a tube fastening structure (Figs. 1-12) comprising: a tube (40) configured to supply a fluid to a fluid supply target (19); a support portion (20 and 44, the clamp 20 and the component 44 are considered a supporting “portion” for the structure) through which the tube (40) passes, the support portion (20 and 44) being fixed (Fig. 2) to a case (11); and at least one rotation prevention strip (43) coupled (integrally coupled) to the tube (40) and having one side configured to be bent and coupled to the support portion (Column 6 line 56-Column 7 line 7).
Regarding claim 11, Blosse et al. disclose the tube fastening structure (Figs. 1-12), wherein the tube (40) comprises at least one strip coupling portion (41) to which the at least one rotation prevention strip (43) is coupled.
Regarding claim 12, Blosse et al. disclose the tube fastening structure (Figs. 1-12), wherein the support portion (20 and 44) comprises at least one slot (in between 46, Fig. 4) extending in a radial direction (Fig. 4) of the tube (40).
Regarding claim 13, Blosse et al. disclose the tube fastening structure (Figs. 1-12), wherein the at least one slot (Fig. 4) comprises a plurality of slots (Fig. 4), and wherein the plurality of slots (Fig. 4) are arranged at equal intervals in a circumferential direction (Figs. 3-6) of the tube (40).
Regarding claim 14, Blosse et al. disclose the tube fastening structure (Figs. 1-12), wherein the case comprises: a first case (17) supporting the fluid supply target (19); and a second case (11) at an outer side (Fig. 1) compared to the first case (17) from the fluid supply target (19), the first case (17) being closer (Fig. 1) to the fluid supply target (19) than the second case (11), and wherein the support portion (20 and 44) further comprises a case fixing portion (25) coupled and fixed to an outer surface (Fig. 2) of the second case (11).
Regarding claim 15, Blosse et al. disclose the tube fastening structure (Figs. 1-12), further comprising a bushing (18) coupled to a first end (Fig. 1) of the tube (40), wherein the first case (17) is coupled and fixed to an outer surface (Fig. 1) of the first end of the tube (40).
Regarding claim 19, Blosse et al. disclose a tube fastening structure (Figs. 1-12) comprising: a tube (40) configured to supply a fluid to a fluid supply target (19); a support portion (20 and 44, the clamp 20 and the component 44 are considered a supporting “portion” for the structure) through which the tube (40) passes, the support portion (20 and 44) being fixed (Fig. 2) to a case (11) and comprising at least one slot (between 46, Fig. 4) extending in a radial direction (Figs. 3-6) of the tube (40); and a rotation prevention assembly (41) coupled (integrally coupled) to the tube (40) and comprising at least one protrusion (43) protruding from one side in an axial direction (Fig. 3) of the tube (40).
Regarding claim 20, Blosse et al. disclose the tube fastening structure (Figs. 1-12), wherein the at least one protrusion (43) is configured to be bent outward (Column 6 line 56-Column 7 line 7) in the radial direction of the tube (40) and inserted into the at least one slot (Fig. 4).
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.
Claim(s) 7, 9, and 17-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Blosse et al. (U.S. Patent No. 11,662,047).
Regarding claim 7, Blosse et al. disclose the tube fastening structure (Figs. 1-12), wherein the rotation prevention ring (41) comprises: a ring body (Fig. 3); and at least one protrusion (43) protruding from a first side of the ring body (Fig. 3) in an axial direction (Fig. 3) of the tube (40), but lack disclosure of the ring body contacting an outer circumferential surface of the tube and extending in a circumferential direction of the tube.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the tube and ring body to be separable and have the ring body contacting an outer circumferential surface of the tube, since it has been held that constructing a formerly integral structure in various elements involves only routine skill in the art. Nerwin v. Erlichman, 168 USPQ 177, 179.
Regarding claim 9, Blosse et al. disclose the tube fastening structure (Figs. 1-12), wherein the at least one protrusion (43) is configured to be bent outward (Column 6 line 56-Column 7 line 7) in a radial direction of the tube (40).
Regarding claim 17, Blosse et al. disclose the tube fastening structure (Figs. 1-12), wherein the at least one rotation prevention strip (43) comprises: a strip body (Fig. 3); and a protrusion (Fig. 3) protruding from a first side of the strip body (Fig. 3) in the axial direction of the tube (40), but lacks disclose of the strip body contacting an outer circumferential surface of the tube and extending in a direction perpendicular to an axial direction of the tube.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the tube and strip body to be separable and have the strip body contacting an outer circumferential surface of the tube, since it has been held that constructing a formerly integral structure in various elements involves only routine skill in the art. Nerwin v. Erlichman, 168 USPQ 177, 179.
Regarding claim 18, Blosse et al. disclose the tube fastening structure (Figs. 1-12), wherein the protrusion (Fig. 3) is configured to be bent outward (Column 6 line 56-Column 7 line 7) in a radial direction of the tube (40).
Claim(s) 8, and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Blosse et al. (U.S. Patent No. 11,662,047) in view of Fond et al. (U.S. Patent No. 5,096,232).
Regarding claim 8, Blosse et al. disclose the tube fastening structure (Figs. 1-12), wherein the at least one protrusion (43) comprises a plurality of protrusions (Fig. 3), wherein the plurality of protrusions (Fig. 3) are spaced apart from each other in the circumferential direction (Fig. 3) of the tube (40), but lacks disclosure wherein an interval between two adjacent protrusions from among the plurality of protrusions is different from another interval between two other adjacent protrusions from among the plurality of protrusions.
Fond et al. teach a tube fastening structure (Figs. 1-4) comprising a tube (A) configured to supply a fluid, a coupling portion (1) having a plurality of protrusions (10), wherein an interval (Column 2 lines 37-48) between two adjacent protrusions (10) from the plurality of protrusions (10) is different from another interval (Fig. 4).
It would have been an obvious matter of design choice to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the protrusions of Blosse et al. with a different interval distance between the protrusions as taught by Fond et al. since applicant has not disclosed that the different interval distance solves any stated problem or is for any particular purpose and it appears that the invention would perform equally well with equal intervals.
Regarding claim 16, Blosse et al. disclose the tube fastening structure (Figs. 1-12), wherein the at least one rotation prevention strip (43) comprises a plurality of rotation prevention strips (Fig. 3), wherein the plurality of rotation prevention strips (43) are spaced apart from each other in a circumferential direction (Fig. 3) of the tube (40), but lacks disclosure wherein an interval between two adjacent rotation prevention strips from among the plurality of rotation prevention strips is different from another interval between two other adjacent rotation prevention strips from among the plurality of rotation prevention strips.
Fond et al. teach a tube fastening structure (Figs. 1-4) comprising a tube (A) configured to supply a fluid, a coupling portion (1) having a plurality of strips (10), wherein an interval (Column 2 lines 37-48) between two adjacent strips (10) from the plurality of strips (10) is different from another interval (Fig. 4).
It would have been an obvious matter of design choice to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the strips of Blosse et al. with a different interval distance between the strips as taught by Fond et al. since applicant has not disclosed that the different interval distance solves any stated problem or is for any particular purpose and it appears that the invention would perform equally well with equal intervals.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Bontus et al. (U.S. Patent No. 11,774,025) disclose a tube fastening structure having a plurality of similar strips.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Reinaldo Sanchez-Medina, telephone number 571-270-5168, fax number 571-270-6168. The examiner can normally be reached on Monday-Friday (7:30AM-4:00PM EST).
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/REINALDO SANCHEZ-MEDINA/Primary Examiner, Art Unit 3753
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