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 .
Election/Restrictions
Applicant’s election without traverse of species A (figs. 1-9C and 24-27) in the reply filed on 09 June 2026 is acknowledged.
Claim 10 is withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected species, there being no allowable generic or linking claim.
Specification
The disclosure is objected to as failing to comply with 37 CFR 1.77(c) for failing to include section headings.
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.
Claim 9 is 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 claim 9, the phrase "optionally" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 9 recites the broad recitation at least 70%, and the claim also recites at least 90% which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
Claim Rejections - 35 USC § 102
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 2, 4-8, 11, 13, 18, 19, 22, and 24 are rejected under 35 U.S.C. 102(a)(1)(a)(2) as being anticipated by Hawkins (US 2014/0131995A1).
In regards to claim 1, Hawkins discloses a tube connector to receive and secure a tube, the connector comprising:
a body (2) with a throughway (central bore) with an open proximal end to receive a tube;
a retaining ring (38, 42, see paragraphs [0037] - [0038]) within the throughway to grip, in use, the tube inserted into the connector;
a main O-ring seal (46, see paragraphs [0037] - [0038]) to seal, in use, on the tube inserted into the connector;
the body having at least one window (window, see abstract and fig. 1) at an axial position that the fully inserted tube will reach, in use;
a see-through insert (20, see paragraph [0032] and [0016] which discloses it may be formed separately) retained within the body to receive, in use, the tube inserted into the body, the see-through insert spanning the at least one window and being sealed (see seals 24, 32) to an inner face of the body to seal a path from the throughway to the window;
wherein the at least one window and insert are positioned such that the fully inserted tube is visible, in use, from outside the connector through the at least one window and insert (shown in figs. 1-3).
In regards to claims 2 and 19, Hawkins further discloses the at least one window is a through hole (shown in figs. 1-3)
In regards to claim 4, Hawkins further discloses the insert is sealed to an inner face of the body on both sides of the at least one window (see fig. 3).
In regards to claims 5 and 22, Hawkins further discloses the insert is sealed to an inner face of the body on one side of the at least one window by an insert O-ring seal (24, 32).
In regards to claim 6, Hawkins further discloses the O-ring seal is housed in a groove 23, 30) in the insert.
In regards to claim 7, Hawkins further discloses the insert is sealed to an inner face of the body on one both sides of the at least one window by a respective insert O-ring seal (24, 30) on each side of the window.
In regards to claim 8, Hawkins further discloses the respective O-ring seals are each housed in respective grooves (24, 30) in the insert.
In regards to claim 11, Hawkins further discloses the retaining ring is a grab ring (see paragraph [0037]).
In regards to claim 13, Hawkins further discloses the main O-ring seal is positioned to seal on an outer diameter of the tube inserted, in use, into the connector (see paragraphs [0037] - [0038]).
In regards to claim 18, Hawkins discloses a tube connector to receive and secure a tube, the connector comprising:
an opaque outer body (2, see paragraph [0015]) with a throughway with an open proximal end to receive a tube;
a retaining ring (38, 42, see paragraphs [0037] - [0038]) within the throughway to grip, in use, the tube inserted into the connector;
a main O-ring seal (46) within the throughway to seal, in use, on the tube inserted into the connector;
the body having at least one window (see abstract and figs. 1-3) in a sidewall at an axial position that the fully inserted tube will reach, in use;
an insert (20) to receive the tube, in use, and being sealed (see seals 24, 32) to an inner face of the body to seal a path from the throughway to the window;
wherein the at least one window is positioned such that the fully inserted tube is visible, in use, from outside the connector through sidewall of the body through the at least one window (shown in figs. 1-3).
In regards to claim 24, Hawkins further discloses a method of adapting an existing connector body to form a tube connector according to claim 1 (see above) any preceding claim, the method comprising forming at least one hole in an existing connector body to create the window and inserting the insert into the connector body such that the insert seals off a potential flow path between the throughway and the hole (shown in fig. 1).
Claims 1-4, 11, 14-22, and 24 are rejected under 35 U.S.C. 102(a)(1)(a)(2) as being anticipated by Hayashi et al. (US 2013/0062877 hereinafter “Hayashi”).
In regards to claim 1, Hayashi discloses a tube connector to receive and secure a tube, the connector comprising:
a body (16) with a throughway (central bore) with an open proximal end to receive a tube;
a retaining ring (27) within the throughway to grip, in use, the tube inserted into the connector;
a main O-ring seal (18) to seal, in use, on the tube inserted into the connector;
the body having at least one window (35) at an axial position that the fully inserted tube will reach, in use;
a see-through insert (23, 15; see paragraph [0051]) retained within the body to receive, in use, the tube inserted into the body, the see-through insert spanning the at least one window and being sealed to an inner face of the body to seal a path from the throughway to the window;
wherein the at least one window and insert are positioned such that the fully inserted tube is visible, in use, from outside the connector through the at least one window and insert (shown in fig. 2).
In regards to claims 2 and 19, Hayashi further discloses the at least one window is a through hole (shown in fig. 2).
In regards to claims 3 and 20, Hayashi further discloses there is a pair of windows diametrically opposite one another (shown in fig. 1).
In regards to claim 4, Hayashi further discloses the insert is sealed to an inner face of the body on both sides of the at least one window (see fig. 2).
In regards to claim 11, Hayashi further discloses the retaining ring is a grab ring (see fig. 1),
In regards to claim 14, Hayashi further discloses the insert has an outer wall (23) which is sealed to the inner face of the body and an inner wall (15) spaced from the outer wall to define an annular gap to receive the tube, in use.
In regards to claim 15, Hayashi further discloses the inner wall has an inner diameter O-ring seal (18) on its outer face to seal, in use, with the inner diameter of the tube.
In regards to claim 16, Hayashi further discloses the inner diameter O-ring seal is the main O-ring seal.
In regards to claim 17, Hayashi further discloses the inner diameter O-ring seal is provided in addition to the main O-ring seal (see other seal “18”).
In regards to claim 18, Hayashi discloses a tube connector to receive and secure a tube, the connector comprising:
an opaque outer body (16) with a throughway (central bore) with an open proximal end to receive a tube;
a retaining ring (27) within the throughway to grip, in use, the tube inserted into the connector;
a main O-ring seal (18) within the throughway to seal, in use, on the tube inserted into the connector;
the body having at least one window (35) in a sidewall at an axial position that the fully inserted tube will reach, in use;
an insert (23, 15) to receive the tube, in use, and being sealed to an inner face of the body to seal a path from the throughway to the window;
wherein the at least one window is positioned such that the fully inserted tube is visible, in use, from outside the connector through sidewall of the body through the at least one window (shown in fig. 2).
In regards to claim 21, Hayashi further discloses the insert (at 15) is insertable with the tube.
In regards to claim 22, Hayashi further discloses the insert has an O-ring (18) to seal with the inner diameter of the tube.
In regards to claim 24, Hayashi further discloses a method of adapting an existing connector body to form a tube connector according to claim 1 (see above) any preceding claim, the method comprising forming at least one hole in an existing connector body to create the window and inserting the insert into the connector body such that the insert seals off a potential flow path between the throughway and the hole (shown in fig. 1).
Claims 18 and 23 are rejected under 35 U.S.C. 102(a)(1)(a)(2) as being anticipated by Guest (US 2013/0257036).
In regards to claim 18, Guest discloses a tube connector to receive and secure a tube, the connector comprising:
an opaque outer body (10) with a throughway (central bore) with an open proximal end to receive a tube;
a retaining ring (17) within the throughway to grip, in use, the tube inserted into the connector;
a main O-ring seal (33) within the throughway to seal, in use, on the tube inserted into the connector;
the body having at least one window (41) in a sidewall at an axial position that the fully inserted tube will reach, in use;
an insert (30) to receive the tube, in use, and being sealed to an inner face of the body to seal a path from the throughway to the window;
wherein the at least one window is positioned such that the fully inserted tube is visible, in use, from outside the connector through sidewall of the body through the at least one window (shown in fig. 1C).
In regards to claim 23, Guest further discloses any part of the insert which is not within the tube is distal of the at least one window when the tube is fully inserted into the connector (shown in fig. 1C).
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.
Claims 9 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Hawkins as applied to claim 1 above.
In regards to claim 9, while Hawkins does not expressly disclose the maximum thickness of the wall of the insert is at least 70% of the diameter of the cross section of the main O-ring seal in an uncompressed state; the wall thickness may be determined through the use of routine experimentation during the engineering design process to optimize the functionality of the device, suited to the intended use and desired parameters.
It would have been obvious before the effective filing date to one having ordinary skill in the art to modify Hawkins to have the maximum thickness of the wall of the insert be at least 70% of the diameter of the cross section of the main O-ring seal in an uncompressed state, as the wall thickness may be optimized to the desired operational parameters through the use of routine experimentation. A person of ordinary skill in the art undertaking such experimentation would have had a reasonable expectation of success and the results would have been predictable.
It is further noted that In Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984), the Federal Circuit held that, where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device.
In regards to claim 12, Hawkins discloses the connector of claim 1 but does not disclose a release mechanism to release the tube from the retaining ring to allow withdrawal of the tube from the connector.
The examiner is taking Official Notice that release pushers are well-known in the art of quick-connect couplings in order to release the grab ring teeth from the inserted tube.
It would have been obvious before the effective filing date to one of ordinary skill in the art to provide the connector of Hawkins with a release pusher, in order to allow the grab ring to be disengaged from the tube, allowing easy withdrawal of the tube, achieving no unexpected results.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Hayashi as applied to claim 1 above.
In regards to claim 12, Hayashi discloses the connector of claim 1 but does not disclose a release mechanism to release the tube from the retaining ring to allow withdrawal of the tube from the connector.
The examiner is taking Official Notice that release pushers are well-known in the art of quick-connect couplings in order to release the grab ring teeth from the inserted tube.
It would have been obvious before the effective filing date to one of ordinary skill in the art to provide the connector of Hayashi with a release pusher, in order to allow the grab ring to be disengaged from the tube, allowing easy withdrawal of the tube, achieving no unexpected results.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Each of the remaining cited prior art shows a similar tube connector.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZACHARY T DRAGICEVICH whose telephone number is (571)270-0505. The examiner can normally be reached Monday-Friday 8:00 - 4:30 EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Matthew D. 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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/ZACHARY T DRAGICEVICH/ Primary Examiner, Art Unit 3679
06/23/2026
