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 .
Drawings
The drawings are objected to because Figures 1, 4, 5 and 7 shows the retaining ring in two pieces, which seems to be an illustrative error, as the retaining ring is a single piece. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: 26. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
Claim Objections
Claims 1-13 are objected to because of the following informalities:
Claim 1, line 15, “a first shoulder” should be replaced with --the first shoulder--
Appropriate correction is required.
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 a (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).
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]).
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
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Lechner discloses a similar pipe coupling device having a leakage path (S).
Salomon-Bahls discloses a similar pipe coupling device having leak notches (40) and a leak path (36).
Pedersen discloses a similar pipe coupling device that makes a whistling sound to indicate leakage (col. 6, ll. 51-63).
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.
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 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