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 .
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 2-8 are 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.
Claim 2 recites, “side convex members opposite to a push handle on the mounted fixing clip are provided on the groove walls to prevent the side convex members from being pushed unexpectedly”. However, it is not clear to the Examiner exactly what this means. How does the groove walls to prevent the side convex members from being pushed unexpectedly, and how are side convex members opposite to a push handle? Examiner is unable to determine the metes and bounds of the claim.
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.
Claim(s) 1 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 5704658, Tozaki.
In regards to claim 1, in Figures 7-14 and paragraphs detailing said figures, Tozaki discloses a pipeline joint for automobiles, comprising: a main body (60), a channel (65) for transporting a liquid being provided in the main body, a placement groove (65) being provided at a peripheral wall of the main body along a circumferential direction, and holes (67) being provided through a bottom wall of the placement groove; and a fixing clip (70) formed of an elastic material and nested and connected to the placement groove, an axial position of the fixing clip being limited on the main body by groove walls provided on axial sides of the mounting groove; and wherein protrusions (72) are inwardly convexly formed on inner walls of two legs of the fixing clip, and the protrusions extend into the holes and are convexly formed on an inner wall of the channel in the placement groove.
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(s) 2-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tozaki.
In regards to claim 2, in Figures 7-14 and paragraphs detailing said figures, Tozaki discloses the main body comprises a first joint portion (enlarged area near 67) and a second joint portion (61) connected with each other, and the placement groove is disposed on the peripheral wall close to the first joint portion, and side members opposite to a push handle (single 71) on the mounted fixing clip. Tozaki does not disclose convex side members. Applicant has failed to disclose criticality for convex side member, and the Tozaki invention is fully capable of being modified to have convex side members. It 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 to fabricate convex side members, since a change in the shape of a prior art device is a design consideration within the level of skill of one skilled in the art. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966).
In regards to claim 3, in Figures 7-14 and paragraphs detailing said figures, Tozaki discloses a sealing ring (14) is provided in the first joint portion.
In regards to claim 4, in Figures 7-14 and paragraphs detailing said figures, Tozaki discloses an inner diameter of the channel in the first joint portion is larger than an inner diameter of the channel in the second joint portion (not shown but implied), the channel in the first joint portion is provided with a limiting ring adjacent to the second joint portion, the limiting ring (next to the seal) is spaced apart from a side wall of the second joint portion to form a receiving groove therebetween, and the sealing ring is located in the receiving groove.
In regards to claim 4, in Figures 7-14 and paragraphs detailing said figures, Tozaki discloses the channel forms a channel opening at one end of the first joint portion away from the second joint portion, and the protrusions are formed with an inclined surface (72b) on a side facing the channel opening.
In regards to claim 6, in Figures 7-14 and paragraphs detailing said figures, Tozaki discloses the push handle is disposed on the fixing clip.
In regards to claim 7, in Figures 7-14 and paragraphs detailing said figures, Tozaki discloses the fixing clip is formed of an annular member having a notch (between double 71), and the push handle is disposed close to the notch.
In regards to claim 8, Tozaki discloses the claimed invention except for the two projections being disposed opposite to each other. Applicant has failed to disclose criticality for the two projections being disposed opposite to each other, and the Tozaki invention is fully capable of being modified to locate the two projections opposite each other. It 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 to locate the two projections opposite each other, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AARON M DUNWOODY whose telephone number is (571)272-7080. The examiner can normally be reached Monday - Friday 9:00 am - 6:00 pm.
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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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/AARON M DUNWOODY/Primary Examiner, Art Unit 3679
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