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 .
Response to Arguments
Applicant's arguments filed 05/26/26 have been fully considered but they are not persuasive.
As to Applicant’s arguments against Klehr, on pages 8-11, the claim 1 recitation in question is “escape paths being provided in a space formed between the side surface and the inner surface, and configured to allow a fluid that may be present in a chamber downstream of the retaining ring to escape toward the outside when the ring, under the effect of a pressure that may be exerted by the fluid, is in the first position, the escape paths being configured so that the flow of the fluid in the escape paths generates an emission of a sound wave.” Structurally, the recitation requires escape paths being provided in a space formed between the side surface and the inner surface. The escape paths must be structurally capable of allowing a fluid that may be present in a chamber downstream of the retaining ring to escape toward the outside when the ring, under the effect of a pressure that may be exerted by the fluid, is in the first position; the escape paths being configured so that the flow of the fluid in the escape paths generates an emission of a sound wave. In column 7, lines 17-25, Klehr states that when the pipeline (2) is not fully inserted, pressure due to the pressure medium (fluid) escapes from the end of the pipeline through a gap between the kinked sealing lip (112) of the outer perimeter gasket (182) and the perimeter wall (171a) of the main connecting body (106). In order to travel from the end of the pipeline out through gaps between the sealing lip and main body wall, the fluid must proceed along the outside of the pipeline (2) through openings between the arms (176) of the ring (170), as shown in Fig. 4, and out through the kinked sealing lip, forming the escape paths, which result in an acoustic signal. The ring (170) is capable of taking the first axial position (or second position) even when the pipeline is not fully inserted; in other words, the pipeline need not be fully inserted for the ring to be axially displaced to expand the ring (5) radially outwardly. This is evident at least from the structural configuration of Klehr’s device as illustrated in Figs. 1 and 2. In this way, Klehr does reasonably read on the claim 1 recitation “escape paths being provided in a space formed between the side surface and the inner surface, and configured to allow a fluid that may be present in a chamber downstream of the retaining ring to escape toward the outside when the ring, under the effect of a pressure that may be exerted by the fluid, is in the first position, the escape paths being configured so that the flow of the fluid in the escape paths generates an emission of a sound wave.” As such, the 102 rejections of claims 1-13 by Klehr have been maintained.
As to claims 2 and 3, the spacings between the arms (176) comprise portions of the escape paths, as explained above.
In response to Applicant’s arguments against Harald, on pages 12-13, the actuated and non-actuated states of Harald’s ring (70) can certainly correspond to the claimed first and second positions. Like Klehr, Harald explains that when the pipe (2) is not fully inserted, a hissing sound is created from the pressurized medium traveling through the escape paths. Refer to paragraphs [0023] - [0024]. As the ring (70) can be in the actuated position or non-actuated position when the pipe (2) is not fully inserted, Harald does reasonably read on the claim 1 recitation “escape paths being provided in a space formed between the side surface and the inner surface, and configured to allow a fluid that may be present in a chamber downstream of the retaining ring to escape toward the outside when the ring, under the effect of a pressure that may be exerted by the fluid, is in the first position, the escape paths being configured so that the flow of the fluid in the escape paths generates an emission of a sound wave.” As such, the 102 rejections of claims 1, 4 and 6-13 by Harald have been maintained.
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) 1-13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Klehr et al (US 11,913,578).
As to claim 1, Klehr et al discloses a coupling device for a tube (2), comprising: a main body (106, 132) defining a rotationally symmetrical housing (Figs. 1 and 6) having an opening for inserting a tube in a direction of insertion (see Fig. 1), the housing being delimited by an inner surface and comprising a first shoulder (of 178) forming a widening of the housing in the direction of insertion (Fig. 1); and a retaining ring (170) at least partially inserted into the housing through the opening and comprising, in the direction of insertion, a base (171) and a rotationally symmetrical retaining portion (176) having a diameter smaller than an extent of the base (Fig. 4), the retaining portion having a snap-fit collar (174) on a side surface of the retaining portion, the snap-fit collar configured to enable the retaining ring to remain clipped in the housing by way of the snap-fit collar engaging with the first shoulder (Fig. 1), the retaining ring defining a channel by which the tube is intended to be inserted into the housing (Fig. 1); wherein the retaining ring is mounted in the housing with axial play that is not zero so as to adopt either a first position or a second position (see col. 5, l. 63 - col. 6, l. 3), the first position (Figs. 1 and 2) requiring the collar to bear against the first shoulder (178) in a direction opposite to the direction of insertion, and the second position (Figure 7b) requiring the base to bear, in the direction of insertion, against an abutment means (132a) formed on the main body, escape paths (171b, 182d) being provided in a space formed between the side surface and the inner surface, and configured to allow a fluid that may be present in a chamber downstream of the retaining ring to escape toward the outside when the ring, under the effect of a pressure that may be exerted by the fluid, is in the first position, the escape paths being configured so that the flow of the fluid in the escape paths generates an emission of a sound wave (see col. 7, ll. 17-25).
In column 7, lines 17-25, Klehr states that when the pipeline (2) is not fully inserted, pressure due to the pressure medium (fluid) escapes from the end of the pipeline through a gap between the kinked sealing lip (112) of the outer perimeter gasket (182) and the perimeter wall (171a) of the main connecting body (106). In order to travel from the end of the pipeline out through gaps between the sealing lip and main body wall, the fluid must proceed along the outside of the pipeline (2) through openings between the arms (176) of the ring (170), as shown in Fig. 4, and out through the kinked sealing lip, forming the escape paths, which result in an acoustic signal. The ring (170) is capable of taking the first axial position (or second position) even when the pipeline is not fully inserted; in other words, the pipeline need not be fully inserted for the ring to be axially displaced to expand the ring (5) radially outwardly. This is evident at least from the structural configuration of Klehr’s device as illustrated in Figs. 1 and 2.
As to claim 2, Klehr et al discloses the coupling device of claim 1, wherein the escape paths comprise one or more holes (elongated holes between arms 176) formed in the snap-fit collar.
As to claim 3, Klehr et al discloses the coupling device of claim 1, wherein the escape paths comprise one or more notches (between arms 176) formed on an outer contour of the snap-fit collar.
As to claim 4, Klehr et al discloses the coupling device of claim 1, wherein the escape paths comprise longitudinal grooves (92) formed on the inner surface.
As to claim 5, Klehr et al discloses the coupling device of claim 1, wherein the coupling device further comprises a guide (20) provided with a sleeve (Fig. 1) that extends from a free end in the direction of insertion, the guide configured to guide the tube during the insertion of the tube into the housing.
As to claim 6, Klehr et al discloses the coupling device of claim 1, further comprising locking means (5) arranged downstream of the retaining ring in the housing and configured to engage with a tube that is inserted in the housing.
As to claim 7, Klehr et al discloses the coupling device of claim 1, wherein the locking means comprises a locking ring.
As to claim 8, Klehr et al discloses the coupling device of claim 6, wherein a seal (10) is arranged in the housing downstream of the locking means, the seal configured to provide a seal between the inner surface and a side surface of the tube when the tube is inserted into the housing.
As to claim 9, Klehr et al discloses the coupling device of claim 1, wherein a cleanliness seal (124, Fig. 2) is arranged in the channel, the cleanliness seal configured to remove dirt and/or dust that may be present on a side surface of the tube when the tube is inserted into the housing.
As to claim 10, Klehr et al discloses the coupling device of claim 9, wherein the cleanliness seal is further configured to provide a seal between an inner surface of the retaining portion and the side surface of the tube when the tube is inserted into the housing so as to prevent escape of fluid that may be present in the chamber downstream of the retaining ring when the ring, under the effect of a pressure that may be exerted by the fluid, is in the first position.
As to claim 11, Klehr et al discloses the coupling device of claim 1, wherein the base is configured to limit dust from entering the housing when the base bears against the abutment means.
As to claim 12, Klehr et al discloses the coupling device of claim 1, wherein the abutment means are formed by an edge of the main body delimiting the opening of the housing.
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As to claim 13, Klehr et al discloses the coupling device of claim 1, wherein the abutment means are formed by a second shoulder formed on the inner surface.
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Claim(s) 1, 4, and 6-13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by EP 3497358 B1.
As to claim 1, EP 3497358 B1 discloses a coupling device for a tube, comprising: a main body (42, 44) defining a rotationally symmetrical housing having an opening for inserting a tube (2) in a direction of insertion (Fig. 1), the housing being delimited by an inner surface and comprising a first shoulder (78) forming a widening of the housing in the direction of insertion (Fig. 1); and a retaining ring (70) at least partially inserted into the housing through the opening and comprising, in the direction of insertion, a base (71) and a rotationally symmetrical retaining portion (76) having a diameter smaller than an extent of the base, the retaining portion having a snap-fit collar (74) on a side surface of the retaining portion, the snap-fit collar configured to enable the retaining ring to remain clipped in the housing by way of the snap-fit collar engaging with the first shoulder (Fig. 1), the retaining ring defining a channel (Fig. 1) by which the tube is intended to be inserted into the housing; wherein the retaining ring is mounted in the housing with axial play that is not zero (see [0018]) so as to adopt either a first position or a second position, the first position requiring the collar to bear against a (the) first shoulder in a direction opposite to the direction of insertion, and the second position requiring the base to bear, in the direction of insertion, against an abutment means (face of first shoulder opposite collar 74) formed on the main body, escape paths (92, Figs. 3-5) being provided in a space formed between the side surface and the inner surface (Figs. 1a and 3), and configured to allow a fluid that may be present in a chamber downstream of the retaining ring to escape toward the outside when the ring, under the effect of a pressure that may be exerted by the fluid, is in the first position, the escape paths being configured so that the flow of the fluid in the escape paths generates an emission of a sound wave ([0024]).
Harald explains that when the pipe (2) is not fully inserted, a hissing sound is created from the pressurized medium traveling through the escape paths. Refer to paragraphs [0023] - [0024]. As the ring (70) can be in the actuated position or non-actuated position when the pipe (2) is not fully inserted, Harald does reasonably read on the claim 1 recitation “escape paths being provided in a space formed between the side surface and the inner surface, and configured to allow a fluid that may be present in a chamber downstream of the retaining ring to escape toward the outside when the ring, under the effect of a pressure that may be exerted by the fluid, is in the first position, the escape paths being configured so that the flow of the fluid in the escape paths generates an emission of a sound wave.”
As to claim 4, EP 3497358 B1 discloses the coupling device of claim 1, wherein the escape paths comprise longitudinal grooves formed on the inner surface.
As to claim 6, EP 3497358 B1 discloses the coupling device of claim 1, further comprising locking means (gripping ring) arranged downstream of the retaining ring in the housing and configured to engage with a tube that is inserted in the housing.
As to claim 7, EP 3497358 B1 discloses the coupling device of claim 1, wherein the locking means comprises a locking ring.
As to claim 8, EP 3497358 B1 discloses the coupling device of claim 6, wherein a seal (10) is arranged in the housing downstream of the locking means, the seal configured to provide a seal between the inner surface and a side surface of the tube when the tube is inserted into the housing.
As to claim 9, EP 3497358 B1 discloses the coupling device of claim 1, wherein a cleanliness seal (84) is arranged in the channel, the cleanliness seal configured to remove dirt and/or dust that may be present on a side surface of the tube when the tube is inserted into the housing.
As to claim 10, EP 3497358 B1 discloses the coupling device of claim 9, wherein the cleanliness seal is further configured to provide a seal between an inner surface of the retaining portion and the side surface of the tube when the tube is inserted into the housing so as to prevent escape of fluid that may be present in the chamber downstream of the retaining ring when the ring, under the effect of a pressure that may be exerted by the fluid, is in the first position.
As to claim 11, EP 3497358 B1 discloses the coupling device of claim 1, wherein the base is configured to limit dust from entering the housing when the base bears against the abutment means.
As to claim 12, EP 3497358 B1 discloses the coupling device of claim 1, wherein the abutment means are formed by an edge of the main body delimiting the opening of the housing.
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As to claim 13, EP 3497358 B1 discloses the coupling device of claim 1, wherein the abutment means are formed by a second shoulder formed on the inner surface.
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Examiner’s Note:
The italicized portions in the foregoing claims are functional recitations. These clauses, as well as other statements of intended use do not serve to patently distinguish the claimed structure over that of the reference(s), as long as the structure of the cited reference(s) is capable of performing the intended use. See MPEP 2111-2115.
See also MPEP 2114, which states:
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;
Claims directed to apparatus must be distinguished from the prior art in terms of structure rather than function. In re Danly, 263 F.2d 844, 847, 120 USPQ 528, 531; and
[A]pparatus claims cover what a device is, not what a device does." Hewlett Packard Co. v. Bausch & Lomb Inc., 15 USPQ2d 1525,1528.
Any one of the systems in the cited reference(s) is capable of being used in the same manner and for the intended or desired use as the claimed invention. Note that it is sufficient to show that said capability exists, which is the case for the cited reference(s).
Conclusion
THIS ACTION IS MADE FINAL. 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to James M Hewitt II whose telephone number is (571)272-7084. The examiner can normally be reached M-F 9-930pm, mid-day flex 2-4pm.
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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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James M. Hewitt II
Primary Examiner
Art Unit 3679
/JAMES M HEWITT II/Primary Examiner, Art Unit 3679
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