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 .
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 03/10/2025 and 03/27/2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner. It is noted that the foreign document FR 1990015283 in the IDS filed on 03/10/2025 includes a strike-out because the document does not exist and appears to be a typo and should be WO 1990015283 which is acknowledged in the IDS filed on 03/27/2025.
Claim Objections
Claims 1 and 7-10 are objected to because of the following informalities:
Claim 1 recites “a close state” and should be “in a closed state”.
Claim 1 recites “a open state” and should be “in an open state”.
Claim 1 recites “a second pressing member being biased outward in the axial direction by the second spring…the second pressing member being caused to abut on the first pressing member” and should be “[[a]] the second outer peripheral member being biased outward in the axial direction by the second spring… a second pressing member being caused to abut on the first pressing member” because the second pressing member is not biased by the second spring and it is the second outer peripheral member that is biased by the second spring. See Fig. 2, the second outer peripheral member is 19 and the second pressing member is 13.
Claim 1 recites “the flow path is the close state” and should be “the flow path is in the closed state”.
Claim 1 recites “the flow path is the open state” and should be “the flow path is in the open state”.
Claim 1 recites “the first second taper” and should be “the
Claim 7 recites “the close state” and should be “the closed state”.
Claim 8 recites “the close state” and should be “the closed state”.
Claim 9 recites “the close state” and should be “the closed state”.
Claim 9 recites “, outer seal member” and should be “, the outer seal member”.
Claim 10 recites “, outer seal member” and should be “, the outer seal member”.
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.
Claims 1-7 and 9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ciccone et al. (US 2018/0256878 A1, hereinafter “Ciccone”).
In regard to claim 1, Ciccone discloses a tube coupling (Fig. 3H shows a tube coupling) configured to connect and couple two tubes that are configured to cause a fluid to flow inside the two tubes (Fig. 3H, the tube coupling is configured to connect and couple two tubes at 61 and 62 and the tubes are for transferring a fluid flow), the tube coupling comprising:
a male connector (Fig. 3H, male connector at 6 which inserts into female connector at 4) including a first pipe (Fig. 3H, first pipe at 62) configured to cause the fluid to flow inside the first pipe (Fig. 3H, 62 allows fluid flow), and an insertion part having a protruding shape (Fig. 3H, insertion part at 23 which has a protruding shape), the insertion part protruding in an axial direction that is an insertion direction (Fig. 3H, 23 protrudes in an axial direction that is in an insertion direction); and
a female connector (Fig. 3H, female connector at 4) including a second pipe (Fig. 3H, at 61) configured to cause the fluid to flow inside the second pipe (Fig. 3H, second pipe at 61 allows fluid to flow inside), and an insertion receiving part having a recessed shape (Fig. 3H, part at 10 and 66 defines an insertion receiving part having a recessed shape to receive the male connector), the insertion receiving part being recessed in the axial direction (Fig. 3H, the insertion receiving part is recessed in the axial direction), the insertion receiving part being coupled to the insertion part when the insertion part is inserted into the insertion receiving part in the insertion direction (Fig. 2H shows the insertion receiving part being coupled to the insertion part when the insertion part is inserted into the insertion receiving part in the insertion direction), wherein
the insertion part includes:
a first spring (Fig. 3H, first spring at 59),
a first pressing member being biased in the axial direction by the first spring when the male connector is not inserted into the female connector (Fig. 3H, first pressing member at 50/60 which is biased by 59 when the male connector is not inserted into the female connector as shown),
a first seal member being disposed around the first pressing member (Fig. 3H, gasket of 50/60 below 15/22 is disposed around 50/60), and
a first outer peripheral member supporting the first spring in the axial direction (Fig. 3H, portion at 15/22 defines a first outer peripheral member of the insertion part),
when the first pressing member is biased by the first spring, the first outer peripheral member is caused to abut on the first seal member (Fig. 3H, when 50/60 is biased by 59, 15/22 is caused to abut the gasket as shown), and a flow path between the first pipe and the second pipe is in a closed state (Fig. 3H shows when a flow path between the first pipe and the second pipe is in a closed state), and
when the first spring is compressed, the first outer peripheral member is separated from the first seal member, and the flow path is in an open state (Fig. 2H shows when 59 is compressed, the outer peripheral member is separated from the first seal member and the flow path is in an open state),
the insertion receiving part includes:
a second spring (Fig. 3H, spring 54),
a second outer peripheral member (Fig. 3H, at 49/55),
a second outer peripheral member being biased outward in the axial direction by the second spring when the male connector is not inserted into the female connector (Fig. 3H, 54 biases 49/55 in the outward axial direction when the male connector is not inserted), a second pressing member being caused to abut on the first pressing member when the male connector is inserted into the female connector (See image below and Fig. 2H, indicated second pressing member is caused to abut the first pressing member when the male connector is inserted), and
a second seal member being disposed around the second pressing member (See image below, indicated second seal member disposed around the second pressing member), wherein
when the second outer peripheral member is biased by the second spring, the second outer peripheral member is caused to abut on the second seal member, and the flow path is in the closed state (See image below, when 49/55 is biased by 54, the second outer peripheral member abuts the second seal member and the flow path is in the closed state),
when the second outer peripheral member is not biased by the second spring, the second outer peripheral member is separated from the second seal member, and the flow path is in the open state (See image below and Fig. 2H, when the second outer peripheral member is not biased by the 54 and is biased by the first outer peripheral member, the second outer peripheral member is separated from the second seal member and the flow path is in the open state),
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the first outer peripheral member has a first taper in which an inner diameter of the first outer peripheral member tapers in the insertion direction (See image below, indicate first taper has an inner diameter of the first outer peripheral member that tapers in the insertion direction towards the female connector),
the first outer peripheral member has a second taper in which an inner diameter of the first outer peripheral member tapers in the insertion direction (See image below, indicated second taper has an inner diameter of the first outer peripheral member that tapers in the insertion direction towards the female connector),
the second taper being inward of the first taper with respect to the insertion direction (See image below, the second taper is inward relative to the first taper with respect to the insertion direction), and
the second taper abuts on the first seal member in the closed state (See image below, at least a corner of the second taper abuts the first seal member in the closed state shown. See https://www.dictionary.com/browse/abut that defines abut to including “to be adjacent” and/or “touch or join at the edge or border”, which in this case, the edge of the second taper is at least adjacent and/or borders the first seal member.), and
the second taper is tapered at a greater angle relative to the insertion direction than the first taper (See image below and Fig. 2H, the second taper is inclined at a greater angle relative to the insertion direction than the first taper as shown).
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In regard to claim 2, Ciccone discloses the tube coupling according to Claim 1, wherein the first pressing member and the second pressing member have respective outer diameters that taper from the first seal member to the second seal member (See image below, the first and second pressing members have respective outer diameters that taper from the first seal member to the second seal member).
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In regard to claim 3, Ciccone discloses the tube coupling according to Claim 1, wherein the female connector further includes:
an annular member surrounding both of the first outer peripheral member and the second outer peripheral member (See image below, indicated annular member is at least an annular part of the female connector which both the first and second peripheral members are at least inserted into the annular member, therefore, the annular member is reasonably considered as surrounding both the first and second outer peripheral members), and
an outer seal member configured to perform sealing between the second outer peripheral member and the annular member (See image below, indicated outer seal member seals at least between the second outer peripheral member and the annular member such that it prevents at least one path for fluid to leak and contact the annular member).
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In regard to claim 4, Ciccone discloses the tube coupling according to Claim 1, wherein in the closed state,
a first portion of the first taper abuts on the first seal member (See image above for claim 1, the first taper can be divided into first and second portions such that the first portion abuts the first seal member),
a second portion of the first taper is spaced apart from the first pressing member (See image above for claim 1, a second portion of the first taper can be interpreted as spaced apart from the first pressing member since they are separate parts),
the second portion of the first taper being immediately behind the first seal member relative to the insertion direction (See image above for claim 1, the second portion of the first taper can be reasonably interpreted as immediately behind the first seal member relative to the insertion direction), and
the first outer peripheral member and the first pressing member are both in direct contact with the first seal member (See images above for claim 1, the first outer peripheral member and the first pressing member are both in direct contact with the first seal member).
In regard to claim 5, Ciccone discloses the tube coupling according to Claim 1, wherein the first spring is connected to the first pressing member (Fig. 3H, 59 is connected to 50/60 as shown such that 50/60 is at least connected within 59).
In regard to claim 6, Ciccone discloses the tube coupling according to Claim 1, wherein the second spring is connected to the second pressing member (Fig. 3H, the second spring 54 is at least indirectly connected to the second pressing member similar to the applicant’s invention).
In regard to claim 7, Ciccone discloses the tube coupling according to Claim 1, wherein in the closed state, the first seal member is in contact with the first taper (Fig. 3H and see image above for claim 1, the first seal member is in contact with the first taper).
In regard to claim 9, Ciccone discloses the tube coupling according to Claim 3, wherein in the closed state, the outer seal member is in contact with the second outer peripheral member (See image above for claim 3, in the closed state, the outer seal member is in contact with the second outer peripheral member).
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.
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.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Ciccone et (US 2018/0256878 A1).
Ciccone discloses the tube coupling according to Claim 1, but does not expressly disclose wherein in the closed state, the first seal member is in contact with the second taper (See image above for claim 1, it appears the corner of the second taper may be in contact with the first seal member, however, the drawings do not definitively show direct contact with the edge of the second taper with the first seal member).
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 first seal member and the second taper of Ciccone to try contacting the first seal member with the edge of the second taper with a reasonable expectation of success because there are a finite number of solutions which is either with contact or without contact. See MPEP 2143(I)(E). In this case, a person of ordinary skill in the art would reasonably consider having the first seal member contact the second taper since O-rings are known to be elastic and deform in contact to surrounding surfaces and conform to the shape of the surrounding surfaces in order to provide a seal and prevent leakages. Since the first seal member of Ciccone is very close to the second taper and the drawings do not show the deformation of the O-ring, in reality, the first seal member would at least deform to conform around the surrounding surfaces it is in contact with in order to provide an effective seal. Additionally, a person of ordinary skill in the art would reasonably consider having an O-ring that conforms and contacts both the first taper and the second taper since this would allow for a larger surface area for sealing instead of just the first taper and provide enhanced sealing effect.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-10 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-4 of U.S. Patent No. 12,270,498. Although the claims at issue are not identical, they are not patentably distinct from each other because of the following.
In regard to claim 1, U.S. Patent No. 12,270,498 discloses a tube coupling configured to connect and couple two tubes that are configured to cause a fluid to flow inside the two tubes, the tube coupling comprising:
a male connector including a first pipe configured to cause the fluid to flow inside the first pipe, and an insertion part having a protruding shape, the insertion part protruding in an axial direction that is an insertion direction; and
a female connector including a second pipe configured to cause the fluid to flow inside the second pipe, and an insertion receiving part having a recessed shape, the insertion receiving part being recessed in the axial direction, the insertion receiving part being coupled to the insertion part when the insertion part is inserted into the insertion receiving part in the insertion direction, wherein
the insertion part includes:
a first spring,
a first pressing member being biased in the axial direction by the first spring when the male connector is not inserted into the female connector,
a first seal member being disposed around the first pressing member, and
a first outer peripheral member supporting the first spring in the axial direction,
when the first pressing member is biased by the first spring, the first outer peripheral member is caused to abut on the first seal member, and a flow path between the first pipe and the second pipe is in a closed state, and
when the first spring is compressed, the first outer peripheral member is separated from the first seal member, and the flow path is in an open state,
the insertion receiving part includes:
a second spring,
a second outer peripheral member,
the second outer peripheral member being biased outward in the axial direction by the second spring when the male connector is not inserted into the female connector, a second pressing member being caused to abut on the first pressing member when the male connector is inserted into the female connector, and
a second seal member being disposed around the second pressing member, wherein
when the second outer peripheral member is biased by the second spring, the second outer peripheral member is caused to abut on the second seal member, and the flow path is in the closed state,
when the second outer peripheral member is not biased by the second spring, the second outer peripheral member is separated from the second seal member, and the flow path is in the open state,
the first outer peripheral member has a first taper in which an inner diameter of the first outer peripheral member tapers in the insertion direction,
the first outer peripheral member has a second taper in which an inner diameter of the first outer peripheral member tapers in the insertion direction,
the second taper being inward of the first taper with respect to the insertion direction, and
the second taper abuts on the first seal member in the closed state, and
the second taper is tapered at a greater angle relative to the insertion direction than the first taper (Claim 1 recites the same features of “A tube coupling…the first taper.”).
In regard to claim 2, U.S. Patent No. 12,270,498 discloses the tube coupling according to Claim 1, wherein the first pressing member and the second pressing member have respective outer diameters that taper from the first seal member to the second seal member (Claim 2 recites the same features of “wherein the first pressing member…to the second seal member”).
In regard to claim 3, U.S. Patent No. 12,270,498 discloses the tube coupling according to Claim 1, wherein the female connector further includes:
an annular member surrounding both of the first outer peripheral member and the second outer peripheral member, and
an outer seal member configured to perform sealing between the second outer peripheral member and the annular member (Claim 3 recites the same features of “an annular member…and the annular member.”).
In regard to claim 4, U.S. Patent No. 12,270,498 discloses the tube coupling according to Claim 1, wherein in the closed state,
a first portion of the first taper abuts on the first seal member,
a second portion of the first taper is spaced apart from the first pressing member,
the second portion of the first taper being immediately behind the first seal member relative to the insertion direction, and
the first outer peripheral member and the first pressing member are both in direct contact with the first seal member (Claim 4 recites the same features of “a first portion…the first seal member.”).
In regard to claim 5, U.S. Patent No. 12,270,498 discloses the tube coupling according to Claim 1, wherein the first spring is connected to the first pressing member (Claim 1 requires the first spring to bias the first pressing member, therefore, the first spring is at least indirectly connected to the first pressing member).
In regard to claim 6, U.S. Patent No. 12,270,498 discloses the tube coupling according to Claim 1, wherein the second spring is connected to the second pressing member (Claim 1 requires the second spring and the second pressing member to be part of the insertion receiving part, therefore, the second spring is at least indirectly connected to the second pressing member).
In regard to claim 7, U.S. Patent No. 12,270,498 discloses the tube coupling according to Claim 1, wherein in the closed state, the first seal member is in contact with the first taper (Claim 4 requires a first portion of the taper to abut the first seal member. A person of ordinary skill in the art would reasonably have direct abutment by contact with the first taper in order to have a proper seal.).
In regard to claim 8, U.S. Patent No. 12,270,498 discloses the tube coupling according to Claim 1, wherein in the closed state, the first seal member is in contact with the second taper (Claim 1 requires the second taper to abut the first seal member. A person of ordinary skill in the art would reasonably have direct abutment by contact with the second taper in order to have a proper seal in the closed state.).
In regard to claim 9, U.S. Patent No. 12,270,498 discloses the tube coupling according to Claim 3, wherein in the closed state, the outer seal member is in contact with the second outer peripheral member (Claim 3 recites “an outer seal member configured to perform sealing between the second outer peripheral member and the annular member”. A person of ordinary skill in the art would reasonably have the outer seal member in contact with the second outer peripheral member in order to have a proper and reliable seal and a well-known structure of direct contact to form a seal.).
In regard to claim 10, U.S. Patent No. 12,270,498 discloses the tube coupling according to Claim 3, wherein in the open state, the outer seal member is in contact with the first outer peripheral member (Claim 3 recites “an annular member surrounding…the first outer peripheral member…an outer seal member configured to perform sealing…the annular member”. A person of ordinary skill in the art would reasonably have the outer seal member in contact with the first outer peripheral member in order to have a proper and reliable seal and a well-known structure of direct contact to form a seal.).
Conclusion
The following prior arts made of record and not relied upon are considered pertinent to applicant's disclosure:
Belle (US 3,074,430), Truong (US 2023/0243447 A1), Main, Jr. (US 2,457,251), Cheon et al. (US 2010/0253070 A1), and Brown et al. (US 4,327,770)
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