DETAILED ACTION
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 § 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-12 and 16-18 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Tiberghien et al. (US 2015/0001844 hereinafter “Tiberghien”).
In regards to claim 1, Tiberghien discloses a female fluid coupling (10), comprising:
a coupling body (150) defining a longitudinal axis and an internal space (central bore);
a valve stem (112) disposed within the internal space;
a valve stem head (110) attached at an end of the valve stem;
a seal member (122) coupled to the valve stem head; and
a valve sleeve (118) that is movable, along the valve stem, relative to the coupling body and the valve stem head between: (i) a closed position (shown in fig. 3) in which the valve sleeve is in contact with the seal member and (ii) an open position (shown in fig. 5) in which the valve sleeve is longitudinally spaced apart from the seal member to open a fluid flow path through the female fluid coupling,
wherein the coupling body defines a first slot (158) that is nonlinear and configured to slidingly receive a protrusion of a male fluid coupling while inserting the male fluid coupling into the coupling body of the female fluid coupling (shown in fig. 7).
In regards to claim 2, Tiberghien further discloses the first slot comprises:
a first portion (see at 160 in fig. 8) extending linearly parallel to the longitudinal axis; and
a second portion (see at 158 at fig. 8) extending around the longitudinal axis.
In regards to claim 3, Tiberghien further discloses the first slot further comprises a third portion (see at 162 in fig. 8) extending linearly parallel to the longitudinal axis, and wherein the second portion is disposed between the first portion and the third portion (shown in fig. 8).
In regards to claim 4, Tiberghien further discloses the second portion of the first slot is arcuate (shown in fig. 8).
In regards to claim 5, Tiberghien further discloses the coupling body further defines a second slot (see paragraph [0066] which discloses 3 slots) that is nonlinear and configured to slidingly receive a protrusion of the male fluid coupling while inserting the mate fluid coupling into the coupling body of the female fluid coupling.
In regards to claim 6, Tiberghien further discloses the second slot has the same shape as the first slot (see paragraph [0066]).
In regards to claims 7 and 12, Tiberghien further discloses the valve stem head comprises a protuberance (at 111) extending from a front face (see frontward facing face of groove that receives “154”) of the valve stem head along the longitudinal axis.
In regards to claim 8, Tiberghien further discloses the protuberance extends through an opening defined by the seal member (shown in fig. 1).
In regards to claim 9, Tiberghien discloses a fluid coupling system, comprising:
a male coupling (20) comprising:
a male coupling body (202) defining a male longitudinal axis and a male coupling internal space (central bore); and
a male valve member (212) disposed within the male coupling internal space, wherein the male valve member is movable, along the male longitudinal axis, relative to the male coupling body to open and close a flow path through the male coupling (shown between figs. 3 and 5); and
a female coupling (10) comprising:
a female coupling body (150) defining a female longitudinal axis and a female coupling internal space (central bore);
a valve assembly disposed within the female coupling internal space and comprising a valve stem head (110) and a valve sleeve (118), wherein the valve sleeve is movable, along the female longitudinal axis, relative to the female coupling body and the valve stem head to open and close a flow path through the female coupling (shown between figs. 3 and 5),
wherein the male and female couplings are configured to require a two-step rotation process, relative to each other, to connect the male and female couplings (see fig. 8), and
wherein the two-step rotation process comprises an initial partial rotation that longitudinally latches the valve stem head to the male valve member (see paragraphs [0084] - [0092]).
In regards to claim 10, Tiberghien further discloses the two-step rotation process further comprises a final rotation that rotates the male valve member relative to the male coupling body (see from “158” to “162”).
In regards to claim 11, Tiberghien further discloses the male valve member is prevented from being moved along the male longitudinal axis until after the final rotation (see at least paragraph [0086]).
In regards to claim 16, Tiberghien discloses a male fluid coupling (20), comprising:
a male coupling body (202) defining a male longitudinal axis and a male coupling internal space (central bore); and
a male valve member (212) disposed within the male coupling internal space, wherein the male valve member is movable, along the male longitudinal axis, relative to the male coupling body to open and close a flow path through the male coupling (shown between figs. 3 and 5),
wherein the male coupling is spring-less (it is noted that no springs are being relied upon in the rejection of claim 16 and therefore the claimed coupling is springless. If applicant wishes to include additional elements, the preamble should be amended to recite "consisting of").
In regards to claim 17, Tiberghien further discloses the male valve member is positionable in:
a first closed position (fig. 3) in which the flow path through the male coupling is closed; and
a second closed position (fig. 1 shows the valve is free to rotate while in the closed position) in which the flow path through the male coupling is closed and in which the male valve member is rotated about the male longitudinal axis in comparison to the first closed position.
In regards to claim 18, Tiberghien further discloses the male valve member is further positionable in an open position (fig. 5) in which the flow path through the male coupling is open and in which the male valve member is moved longitudinally along the male longitudinal axis in comparison to the first and second closed positions.
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.
Claims 16-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 10-19 of U.S. Patent No. 12,359,757 (reference patent). Although the claims at issue are not identical, they are not patentably distinct from each other because claims 16-20 are generic to all that is recited in claims 10-19 of the reference patent. In other words, claims 10-19 of the reference patent fully encompasses the subject matter of claims 16-20. Thus, the invention of claims 10-19 of the reference patent is in effect a “species” of the “generic” invention of claims 16-20. 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 16-20 are anticipated by claims 10-19 of the reference patent, claims 16-20 are not patentably distinct from claims 10-19, regardless of any additional subject matter presented in claims 10-19.
Allowable Subject Matter
Claims 13-15 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claims 19 and 20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims, and if the double patenting rejection is overcome.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZACHARY T DRAGICEVICH whose telephone number is (571)270-0505. The examiner can normally be reached Monday-Friday 8:00 - 4:30 EST.
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 D. 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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ZACHARY T DRAGICEVICH/Primary Examiner, Art Unit 3679 03/11/2026