DETAILED ACTION
Claim(s) 1-20 are pending for consideration following applicant’s amendment filed 9/02/2026.
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 .
Terminal Disclaimer
The terminal disclaimer filed on 9/02/2026 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of US Patent 12,012,732 has been reviewed and is accepted. The terminal disclaimer has been recorded.
The terminal disclaimer filed on 9/02/2026 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of US Patent 11,248,367 has been reviewed and is accepted. The terminal disclaimer has been recorded.
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 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) 17-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chang (US Patent 7,240,927).
Regarding Claim 17, Chang discloses a nozzle cap assembly for use with a hydrant assembly (the assembly of Chang is capable of use as a nozzle cap assembly for use with a hydrant assembly) having a barrel and a nozzle (the assembly of Chang is capable of use with a hydrant assembly having a barrel and a nozzle; it is noted that the claim does not recite a barrel and a nozzle as part of the claimed assembly), the nozzle cap assembly comprising: a nozzle cap 3 comprising a cap body 3 (body 3 is readable as a “nozzle cap” at least because it is fitted over connector 1), the cap body 3 comprising a bore sidewall (sidewall facing radially inward as shown in the annotated Figure 4 below) and an inner wall (annular lip 34 forms an inner wall), and defining a cap axis (axis extending through the center of 3); and a nozzle cap spacer 4 comprising: a spacer body (ring shaped body of 4 defined at the lower end of 4 as shown in the annotated Figures 3A below) defining an outer body edge (outer body edge at the base of hook 43 as shown in the annotated Figure 3A below); and a resilient first spacer spring arm 43 extending from the outer body edge and biased radially outward relative to the cap axis away from the spacer body in an extended orientation (the distal end of arm 43 is biased radially outward as shown in Figures 3A and 3B; this orientation defines an “extended orientation” as claimed); wherein the nozzle cap assembly is secured to the nozzle 1 (the assembly is secured to connector 1 which is seen to define a nozzle in the same manner as achieved by applicant’s nozzle connector) such that the nozzle cap spacer 4 is disposed between the inner wall 34 of the nozzle cap 3 and a distal end 13 of the nozzle 1 (as shown in Figure 4, spacer 4 is disposed between the inner wall 34 and the distal end of the nozzle 1, especially in the radial direction).
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Regarding Claim 18, Chang further discloses the cap body 3 further comprises an annular groove (annular groove directly below wall 34 as shown in the annotated Figure 4 above) defined in the bore sidewall, and a distal end of the first spacer spring arm (upper end of 43 as shown in Figure 4) is received in the annular groove (as shown in Figure 4).
Regarding Claim 19, Chang further discloses the first spacer spring arm 43 extends from the outer body edge at an acute angle (i.e. 43 extends from the outer body edge at an incline relative to the edge, the incline being provided at less than 90 degrees relative to the outer body edge as best shown in Figure 3B).
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.
Claim 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chang (US Patent 7,240,927) in view of Badon et al. (US Patent 7,298,279).
Regarding Claim 20, Chang does not disclose the nozzle cap further comprises an antenna.
Badon teaches a fluid connector such that a cap 102 includes an antenna (antenna coupled to monitoring device 110; col. 4, lines 3-11).
It would have been obvious to one of ordinary skill in the art before the application was effectively filed to modify the device of Chang to include a monitoring device having an antenna coupled to the nozzle cap as taught by Badon for the purpose of providing a user with information regarding the operation of the connector.
Allowable Subject Matter
Claims 1-16 are allowed.
Response to Arguments
Applicant’s arguments with respect to claim(s) 17 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Specifically, applicant argues that the previously applied art fails to teach the new limitations of claim 17 requiring a resilient first spacer spring arm extending from the outer body edge and biased radially outward relative to the cap axis. However, newly applied Chang teaches a resilient first spacer spring arm 43 extending from the outer body edge and biased radially outward relative to the cap axis. As described above, the distal end of arm 43 is biased radially outward relative to the cap axis as shown in Figures 3A and 3B.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN MURPHY whose telephone number is (571)270-5243. The examiner can normally be reached Monday - Friday 8am-4pm.
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/KEVIN F MURPHY/Primary Examiner, Art Unit 3753
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