DETAILED ACTION
The present application and its arguments have been reviewed and currently claims 1, 3, and 5-20 are rejected and claims 2, 4, and 21 are cancelled.
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 .
Response to Arguments
Applicant's arguments filed 4/21/2026 have been fully considered but they are not persuasive.
In response to applicants arguments that Gibellina’s device is a “floating” hose coupling, the examiner respectfully disagrees as the floating hose coupling was only mentioned in another embodiment (ex., figs. 6-7) which the examiner is not relying upon (ex., 6:58-60 which explicitly states figs. 8-14 is an alternative embodiment; see 7:48-61, which described how there are three seals produced). In addition, it appears the “floating” aspect of the first embodiment only relates to fig. 5 which is before the hose is in a fully connected state in fig. 6 as Gibellina explicitly states “Since the diameter of the central portion of convex tubular surface 15 is greater than the diameter of the end portions of surface 15, pulling hose 32 and sleeve 13 in the direction of arrow D after leading edge 34 has initially been pushed into sealing engagement between surface 15 and 23 tends to further compress hose end 33 between surfaces 15 and 23 and to improve the seal therebetween” (5:63-68 and 6:1-2) and also states that the “floating” aspect is when the leading edge 34 is only pressed by inner surface 23 as shown in fig. 5 (6:42-51) and then further states that in a final position the hose is fully engaged by being pressed by the retainer as shown in fig. 6 (6:52-57).
Therefore, applicants arguments are not persuasive because the floating aspect as described by applicant appears to be before the hose is in the fully engaged position (ex., when the leading edge of the hose is pressed by the inner surface of the sleeve and not when the hose is pressed by inner surface and the outer surface of the joint).
In response to applicants arguments that Gibellina’s device is not “fixed”, the examiner respectfully disagrees as “fixed” or “fixed position” is a broad limitation that only requires a force to hold an object within that position (ex., even in the “floating” embodiment of Gibellina, there is some degree of force that would be required to “move” the hose/sleeve as the bulge is still pressing against the inner surface of the hose hose). In addition, Gibellina disclose that after the hose end is compressed by the sleeve which causes both of the sleeve and hose end to move unison (7:23-33) there are three seals produced for the embodiment shown in figure 14 such that the hose is sealing compressed (7:41-61). In other words, the hose end is pressed into the sleeve to cause a compression between the hose end and sleeve, then the hose end and sleeve move in unison towards the barb to fix the hose end and sleeve against the joint which three seals are produced.
Therefore, applicants arguments are not persuasive as Gibellina hose/sleeve would be in a “fixed” position as depicted in figure 14.
Drawings
The drawings received on 4/22/2025 are no longer objected to under 37 CFR 1.83(a) because the features of claim 21 have been cancelled by Applicant on 4/21/2026.
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.
Claim(s) 1, 3, 5-11, and 13-18 are rejected under 35 U.S.C. 103 as being unpatentable over Gibellina (U.S. Patent No. 4,750,764) in view of Buerli (EP-1215433).
In regards to claim 1, Gibellina discloses:
A connecting assembly (see fig. 12 hereinafter unless otherwise noted) for fluidly connecting a first hose segment (32) and a second hose segment (see fig. 8),
the connecting assembly comprising:
a main body (ex., entire circular main body near 62 in fig. 9)
an insert portion (65, fig. 9) extending from the main body and being removably insertable into an inner diameter of a first extremity of the first hose segment (ex., compare figs. 12 and 14),
the insert portion having a given length span (ex., see fig. 12, where the insert portion is longer than the ring 73), and having a first end (ex., near 72) insertable into said first extremity of the first hose segment, and an opposite second end (ex., near 64);
a bulge (72) provided about the first end of the insert portion,
the bulge comprising a frontward portion (see annotated fig. 12 below) proximate the first end of the insert portion, a rearward portion (see annotated fig. 12) between the first and second ends of the insert portion along the length span of the insert portion, and a tapered insertion portion (see annotated fig. 12) extending between the frontward and rearward portions,
the bulge comprising a substantially flat portion extending between the tapered insertion portion and the rearward portion,
said bulge being positioned, shaped and sized for abutting against an inner wall of the inner diameter of the first extremity of the first hose segment (ex., see fig. 13), and for allowing an outward overlapping of said first extremity of the first hose segment over the bulge (ex., see fig. 13);
a securing device (73) being positioned, shaped and sized for removably mounting onto a portion of the given length span of the insert portion and defining a through-hole (81, fig. 10) shaped and sized for allowing passage of the bulge therethrough,
the securing device being shaped and sized for displacement along said given length span of the insert portion and for operation between:
a release mode (ex., fig. 13), where the securing device is drawn away from the bulge with the rearward portion of the bulge being positioned along the length span of the insert portion beyond the through-hole of the securing ring and thus the first extremity of the first hose segment being allowed to be removed from the bulge (ex., see fig. 13, where the entire bulge is beyond the entire securing device), and
a connecting mode (ex., see fig. 14), where the securing device is removably displaced over the outward overlapping of the first extremity of the first hose segment extending over the bulge, so as to securely maintain said first extremity of the first hose segment in place in a fixed position along the given length span of the insert portion (see fig. 14, where the hose is fixed; 7:41-61) against the bulge and thus, prevent the first extremity of the first hose segment from being removed from said bulge (ex., see fig. 14, where the inclined surface presses against the hose which presses against the bulge); and
a fluid passage (69, fig. 11) extending through the insert portion for fluidly connecting the inner diameter of the first extremity of the first hose segment to a corresponding inner diameter of a second extremity of the second hose segment when the securing device is operated in the connecting mode,
but does not disclose:
the bulge comprising a substantially rounded portion extending between the tapered insertion portion and the rearward portion, and/or between the tapered insertion portion and the frontward portion.
In regards to the rounded portion, Buerli discloses a similar device comprising a t-shaped coupling (see fig. 3c) comprising a main body (2), multiple insert portions (21) each comprising a bulge comprising a a substantially rounded portion (260, fig. 4D) extending between a tapered insertion portion (26, fig. 4D) and a rearward portion (ex., flat surface adjacent to 260 in fig. 4D).
It would have been obvious to one of ordinary skill in the art before the effective filling date to modify the shape of flat portion of the bulge of Gibellina such that the flat portion is a rounded portion because Buerli discloses a similar device where it is known to have a rounded portion between a tapered surface and a rearward surface, both a rounded portion and a flat portion appear would work equally as well, and it has been held that a change in shape has been found obvious absent persuasive evidence that the particular configuration of the claimed container was significant. See In re Dailey 357 F.2d 669, 672-73 (CCPA 1966) (referred to in MPEP 2144.04(IV)(B)). In this case, modify the known flat portion of the bulge of Gibellina to be a known rounded portion as shown by Buerli would not have produced any new or unexpected results.
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In regards to claim 3, Gibellina further discloses:
The connecting assembly according to claim 1, wherein the frontward portion of the bulge includes a front face being part of a front annulus (71, fig. 11) of the frontward portion of the bulge, and
the rearward portion of the bulge includes a rear face being part of a rear annulus (ex., see near 72 in fig. 8, which explicitly shows a rear annulus) of the rearward portion of the bulge .
In regards to claim 5, Gibellina further discloses:
The connecting assembly according to claim 1, wherein the bulge has a maximal outer span being substantially equal or greater than the inner diameter of the first extremity of the first hose segment to be mounted onto said bulge (ex., see fig. 9).
In regards to claim 6, Gibellina further discloses:
The connecting assembly according to claim 5, wherein the first hose segment is made of a substantially elastic material (ex., see fig. 9, where the hose is deformable),
wherein the first extremity of said first hose segment is deformable when inserted over the bulge (ex., see fig. 9).
In regards to claim 7, Gibellina further discloses:
The connecting assembly according to claim 6, wherein the insert portion has a substantially cylindrical outer body and a substantially cylindrical inner diameter (ex., see fig. 11, where the insert portion is cylindrical) and
wherein the inner diameter of the at least one insert portion is smaller than the inner diameter of the first extremity of the first hose segment to be mounted onto the at least one bulge (ex., see fig. 9, where the bulge pushes the hose radially outward).
In regards to claim 8, Gibellina further discloses:
The connecting assembly according to claim 7, wherein the securing device includes a retaining component (see annotated fig. 12 above hereinafter) for retaining the securing device about the insert portion when the securing device is mounted over the bulge and onto the given length span of the insert portion.
In regards to claim 9, Gibellina further discloses:
The connecting assembly according claim 7, wherein the securing device includes a securing ring having an inner surface being shaped and sized so as to securely maintain the first extremity of the first hose segment in place (ex., see fig. 9), against the bulge, when the securing ring is displaced along the insert portion towards the connecting mode of the securing device (ex., compare fig. 11 and fig. 12).
In regards to claim 10, Gibellina further discloses:
The connecting assembly according to claim 9, wherein the securing ring is made of a substantially elastic material so that the through-hole is resiliently deformable when passed over the bulge (ex., see fig. 9, where the inner surface of the securing ring appears to be deformed and both cross-hatching of the hose and the securing device appear to be the same and thus are deformable).
In regards to claim 11, Gibellina further discloses:
The connecting assembly according to claim 10, wherein the securing ring includes an outwardly-projecting flange (82, fig. 10, where the flange is going axially outward) for facilitating manual handling and operating of the securing device between the release and connecting modes (there is nothing structurally preventing the axially outward flange from meeting the functional limitation of the claim).
In regards to claim 13, Gibellina further discloses:
The connecting assembly according to claim 12, wherein the main body of the connecting assembly includes a shouldering portion (see annotated fig. 12) for abutting against the securing device when mounted onto the given length span of the insert portion the shouldering portion of the main body including an abutment surface (64, fig. 8).
In regards to claim 14, Gibellina further discloses:
The connecting assembly according to claim 13, wherein the insert portion is a first insert portion,
the connecting assembly comprising n insert portions, with n being an integer greater than 1 (see fig. 9),
each of the insert portions comprising an inner fluid passage with a corresponding longitudinal axis extending at a separation angle with respect to a neighboring one of the insert portions (see fig. 11).
In regards to claim 15, Gibellina further discloses:
The connecting assembly according to claim 14, wherein each longitudinal axis of each inner fluid passage lies within a same and common imaginary plane of the connecting assembly (see fig. 11).
In regards to claim 16, Gibellina further discloses:
The connecting assembly according to claim 1, wherein the connecting assembly further includes a second insert portion (ex., see opposite insert portion in fig. 9),
the first and second insert portions sharing a common inner fluid passage extending along a longitudinal axis of the connecting assembly (ex., see 69 in fig. 11).
In regards to claim 17, Gibellina in view of Buerli discloses:
The connecting assembly according to claim 1, wherein the connecting assembly further includes a second insert portion (ex., see opposite insert portion in fig. 9),
the first and second insert portions sharing a common inner fluid passage extending along a longitudinal axis of the connecting assembly (ex., see 69 in fig. 11),
each of the first and insert portions having an inner fluid passage with a corresponding longitudinal axis
but does not disclose:
wherein the connecting assembly further includes a third insert portion,
each of the first, second and third insert portions having an inner fluid passage with a corresponding longitudinal axis, and
wherein at least one corresponding insertion portion of the at least first, second and third insert portions extends beyond a plane defined by each longitudinal axis of each inner fluid passage of other remaining insert portions.
It would have been obvious to one of ordinary skill in the art before the effective filling date to modify the connecting assembly of Gibellina in view of Buerli such that the connection assembly of Gibellina in view of Buerli is a T-shaped connector comprising three identical and orthogonal connector ends because Buerli discloses that there a finite number of identified solutions of using either a T-fitting shown in fig. 3a for connection three hoses or a straight fitting as shown in fig. 2 for connecting two hoses. A person of ordinary skill could have pursued the known potential solutions with a reasonable expectation of success because modifying the straight fitting of Gibellina in view of Buerli with an additional orthogonal insert portion to allow the addition of another hose segment is within their technical grasp and would produce no new results.
In regards to claim 18, Gibellina in view of Buerli further discloses:
The connecting assembly according to claim 17, wherein said at least first, second and third insert portions are mutually orthogonal.
Claim(s) 12 is rejected under 35 U.S.C. 103 as being unpatentable over Gibellina in view of Buerli as applied to claim 11 above and in further view of Foote (U.S. Patent No. 4,299,053).
In regards to claim 12, Gibellina in view of Buerli discloses:
The connecting assembly according to claim 11,
but does not disclose:
wherein the main body of the connecting assembly has an outer cross-sectional profile which is polygonal with a corresponding number of sides.
In regards to the shape of the main body, Foote discloses a similar connector assembly comprising a main body that is square (see near 12, fig. 1).
It would have been obvious to one of ordinary skill in the art before the effective filling date to modify the shape of the circular main body of Gibellina in view of Buerli such that the main body is polygonal because Foote discloses that it is known for similar devices to comprise a polygonal main body (ex., see fig. 1) and it has been held that a change in shape has been found obvious absent persuasive evidence that the particular configuration of the claimed container was significant. See In re Dailey 357 F.2d 669, 672-73 (CCPA 1966) (referred to in MPEP 2144.04(IV)(B)). In this case, simply changing the shape of the circular main body of Gibellina in view of Buerli to be a polygonal main body would not produce any new or unexpected results.
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Morin (U.S. Patent No. 4,366,648) in view of Gibellina in view of Buerli.
In regards to claim 19, Morin discloses:
A harvesting system for harvesting sap from a plurality of maple trees, the harvesting system comprising:
a network of hose segments (see fig. 1) being fluidly connected to one another, and being fluidly connected between corresponding taps (considered as 12 in Fig. 1) of the maple trees to be harvested for sap, and a centralized collecting center (considered as 26 in Fig. 1); 34
a vacuum device (considered as 22 in Fig. 1) operatively connectable to the network of hose segments for drawing sap harvested from the corresponding taps of the maple trees towards the centralized collecting center; and
at least one connecting assembly (considered as a “tee connection” and shown as 16 in Fig. 5; see Col. 2, Lines 14-15 where it explicitly describes it as a “tee connection”), and provided about 5the network of hose segments (see element 16 in Fig. 1) for operatively and fluidly connecting at least first and second hose segments (considered as 14 in Figs. 1 and 5) together,
for allowing sap to flow from the corresponding taps of the maple trees to be harvested to the centralized collecting center (see Col. 3, Lines 1-2),
but does not disclose
a securing device of the connection assembly according to claim 1. In regards to the connection assembly, Gibellina discloses:
A connecting assembly (see fig. 12 hereinafter unless otherwise noted) for fluidly connecting a first hose segment (32) and a second hose segment (see fig. 8),
the connecting assembly comprising:
a main body (ex., entire circular main body near 62 in fig. 9)
an insert portion (65, fig. 9) extending from the main body and being removably insertable into an inner diameter of a first extremity of the first hose segment (ex., compare figs. 12 and 14),
the insert portion having a given length span (ex., see fig. 12, where the insert portion is longer than the ring 73), and having a first end (ex., near 72) insertable into said first extremity of the first hose segment, and an opposite second end (ex., near 64);
a bulge (72) provided about the first end of the insert portion,
the bulge comprising a frontward portion (see annotated fig. 12 below) proximate the first end of the insert portion, a rearward portion (see annotated fig. 12) between the first and second ends of the insert portion along the length span of the insert portion, and a tapered insertion portion (see annotated fig. 12) extending between the frontward and rearward portions,
the bulge comprising a substantially flat portion extending between the tapered insertion portion and the rearward portion,
said bulge being positioned, shaped and sized for abutting against an inner wall of the inner diameter of the first extremity of the first hose segment (ex., see fig. 13), and for allowing an outward overlapping of said first extremity of the first hose segment over the bulge (ex., see fig. 13);
a securing device (73) being positioned, shaped and sized for removably mounting onto a portion of the given length span of the insert portion and defining a through-hole (81, fig. 10) shaped and sized for allowing passage of the bulge therethrough,
the securing device being shaped and sized for displacement along said given length span of the insert portion and for operation between:
a release mode (ex., fig. 13), where the securing device is drawn away from the bulge with the rearward portion of the bulge being positioned along the length span of the insert portion beyond the through-hole of the securing ring and thus the first extremity of the first hose segment being allowed to be removed from the bulge (ex., see fig. 13, where the entire bulge is beyond the entire securing device), and
a connecting mode (ex., see fig. 14), where the securing device is removably displaced over the outward overlapping of the first extremity of the first hose segment extending over the bulge, so as to securely maintain said first extremity of the first hose segment in place in a fixed position along the given length span of the insert portion (ex., see fig. 14) against the bulge and thus, prevent the first extremity of the first hose segment from being removed from said bulge (ex., see fig. 14, where the inclined surface presses against the hose which presses against the bulge); and
a fluid passage (69, fig. 11) extending through the insert portion for fluidly connecting the inner diameter of the first extremity of the first hose segment to a corresponding inner diameter of a second extremity of the second hose segment when the securing device is operated in the connecting mode,
but does not disclose:
the bulge comprising a substantially rounded portion extending between the tapered insertion portion and the rearward portion, and/or between the tapered insertion portion and the frontward portion.
It would have been obvious to one of ordinary skill in the art before the effective filling date to replace the connection assembly of Morin with the connection assembly comprising a securing device of Gibelin because Morin discloses a device which differs from the claim device by a replacement of the connection assembly of Gibelin and a change in shape of the flat portion of the bulge of Gibelin, Gibelin discloses a similar connection assembly that at least provides the benefit of sealing attach a hose to the connection assembly by simply pushing an end of the hose into engagement with the connection assembly (2:12-44), and one of ordinary skill could have substituted the known connection assembly of Morin for the know connection assembly of Gibelin because replacing one known connection assembly for another known connection assembly would have not produced any new or unexpected results.
In regards to the change in shape of the flat portion of the bulge, Buerli discloses a similar device comprising a t-shaped coupling (see fig. 3c) comprising a main body (2), multiple insert portions (21) each comprising a bulge comprising a substantially rounded portion (260, fig. 4D) extending between a tapered insertion portion (26, fig. 4D) and a rearward portion (ex., flat surface adjacent to 260 in fig. 4D).
It would have been obvious to one of ordinary skill in the art before the effective filling date to modify the shape of flat portion of the bulge of Morin in view of Gibellina such that the flat portion is a rounded portion because Buerli discloses a similar device where it is known to have a rounded portion between a tapered surface and a rearward surface, both a rounded portion and a flat portion appear would work equally as well, and it has been held that a change in shape has been found obvious absent persuasive evidence that the particular configuration of the claimed container was significant. See In re Dailey 357 F.2d 669, 672-73 (CCPA 1966) (referred to in MPEP 2144.04(IV)(B)). In this case, modify the known flat portion of the bulge of Morin in view of Gibellina to be a known rounded portion as shown by Buerli would not have produced any new or unexpected results.
Claim(s) 20 is rejected under 35 U.S.C. 103 as being unpatentable over Gibellina in view of Buerli as applied to claim 9 above and in further view of Offutt (U.S. Patent No. 4,321,911).
In regards to claim 20, Gibellina in view of Buerli discloses:
The connecting assembly according to claim 9, wherein the inner surface of the securing ring is an angled inner surface (ex., see 81 in fig. 12),
said angled inner surface extending at a deviation angle with respect to a longitudinal axis of the insert portion (it is inherent that the surface is at an angle as shown in fig. 12), and being shaped and sized so as to progressively and increasingly constrict the first extremity of the first hose segment in place against the bulge by progressively reducing a spacing between said angled inner surface of the securing ring and an apex portion of the bulge (ex., compare fig. 13 and fig. 14, where the securing device increases pressure against the hose as its moved to the right),
but does not disclose:
the deviation angle being between about 12 degrees and about 18 degrees.
In regards to the angle, Offutt discloses a similar device comprising a securing device comprising an inner surface with an angle of 15 degrees.
However, while Gibellina in view of Buerli does not expressly disclose “the deviation angle being between about 12 degrees and about 18 degrees”, the “deviation angle” 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 because Offutt discloses that it is known for similar devices comprising a securing device to comprise an inner surface with an angle of 15 degrees.
It would have been obvious to one having ordinary skill in the art at the time of invention to modify the deviation angle of the inner surface of Gibellina in view of Buerli to have a deviation angle of 15 degrees, as the “ deviation angle” 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 because Offutt discloses that it is known for similar devices to comprise an inner surface with an angle of 15 degrees (2:55-58). See MPEP 2144.05(II)(A).
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.
Claim 1, 3, and 5-21 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 6-7, 12-20, and 23-28 of U.S. Patent No. 12,359,756. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1, 3, and 5-21 are generic to all that is recited in claims 1, 6-7, 12-20, and 23-28 of the reference patent. In other words, claims 1, 6-7, 12-20, and 23-28 of the reference patent fully encompasses the subject matter of claims 1, 3, and 5-21. Thus, the invention of claims 1-3 and 5 of the reference patent is in effect a “species” of the “generic invention of claims 1, 3, and 5-21. It has been held that the generic invention is anticipated by the species, see In re Goodman, 29 USPQ2d 2010 (Fed. Cir. 1993). Since claims 1, 3, and 5-21 are anticipated by claims 1, 6-7, 12-20, and 23-28 of the reference patent, claims 1, 3, and 5-21 are not patentably distinct from claims 1, 6-7, 12-20, and 23-28, regardless of any additional subject matter presented in claims 1, 6-7, 12-20, and 23-28.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/A.T.R./Examiner, Art Unit 3679
/Matthew Troutman/Supervisory Patent Examiner, Art Unit 3679
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