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 Objections
Claims are objected to because of the following informalities:
Claim 3, line 2, “bite” should be --bight--.
Claim 17, line 2, “bite” should be --bight--.
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) 1-3, 7, 9, 15 and 17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Oi et al (US 2023/0366497 A1).
As to claim 1, Oi et al discloses a connector for coupling to a tube comprising: a receptacle (3) having an interior cavity arranged to receive the tube (Fig. 2); and a retainer (5) embracing the receptacle, having at least a first leg (55) positioned in a cavity located in the interior of the receptacle that engages the tube when the tube is inserted into the cavity, wherein the first leg has a cross-section that has a first minor axis that is smaller than a second major axis (elliptical cross-section, see [0054]).
As to claim 2, Oi et al discloses the connector of claim 1, wherein the retainer has a second leg (57) positioned in the cavity on an opposite side and in a spaced relationship from the first leg (Figs. 2 and 3), the second leg engages the tube when the tube is inserted into the interior cavity, the second leg having a cross section that has a first minor axis that is smaller than a second major axis (elliptical cross-section, see [0054]).
As to claim 3, Oi et al discloses the connector of claim 2, wherein each first and second leg extends from opposite ends of a bite (59) to form a U-shaped assembly (Fig. 2), wherein the bite has a cross-section having a first minor axis that is smaller than a second major axis conforming to the cross- section of the first and second legs (elliptical cross-section, see [0054]).
As to claim 7, Oi et al discloses the connector of claim 3, wherein the tube includes an annular groove extending circumferentially about a peripheral surface of the tube, the groove having parallel spaced walls that accept the major axis of each first and second leg.
The claim is drawn to a connector for coupling the tube (refer to preamble of claim 1). The tube is only functionally claimed. Therefore, claim 7 has been considered to only further limit a component that is not positively claimed.
As to claim 9, Oi et al discloses an assembly of a connector (Fig. 1) and a tube (7), the assembly comprising: a receptacle (Fig. 2); an endform formed on the end of the tube including a groove extending about the periphery of the endform (the groove is that structure of the tube defined between the bulge portion 11 and the outer surface of the tube, the groove receiving the retainer (5), as shown in Fig. 2), the endform inserted into a cavity within the receptacle in a mounting position and slidable into a latched position (Fig. 2); a retainer (5) embracing the receptacle having first and second legs (55, 57) extending into the cavity, each leg having a cross section that has a first minor axis and a second major axis (the retainer having an elliptical cross-section, see [0054]); and the endform engaging the first and second legs first minor axis urging the first and second legs into a spread condition while the endform is sliding from the mounting position into the latched position, wherein in the latched position the first and second legs of the retainer are captured in the groove when the first and second legs retract to a relaxed condition (refer to Figs. 2 and 12-15, and paragraphs [0061]-[0071]).
As to claim 15, Oi et al discloses the assembly of claim 9, wherein the first minor axis is smaller than the second major axis.
As to claim 17, Oi et al discloses the assembly of claim 9, wherein each first and second leg extends from opposite ends a bite (59) to form a U-shaped assembly, wherein the bite has a cross-section having a first minor axis smaller than the second major axis conforming to the cross-section of the first and second legs (see [0054]).
Claim Rejections - 35 USC § 103
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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 5, 8, 16 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Oi et al.
As to claim 5, Oi et al discloses the connector of claim 3, except that the minor axis is 20 percent to 30 percent smaller than the major axis.
However, it is known in the art that altering/varying the relative sizes of a structure can affect the weight, sealing ability, strength, flexibility, etc. of the structure.
Accordingly, it would have been obvious to one having ordinary skill in the art at the time the invention was made to modify Oi et al such that the minor axis is 20 percent to 30 percent smaller than the major axis, with a reasonable expectation of success, for the purpose of one or more of: controlling the weight of the structure; ensuring sufficient strength and/or flexibility; providing a structure which would have allowed sufficient sealing and engagement to occur when the joint is properly mated; to aid in the machining of the structure; and to have a structural arrangement which would have been obvious to try, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Alternatively, it would have been obvious matter of design choice to modify Oi et al such that the minor axis is 20 percent to 30 percent smaller than the major axis, with a reasonable expectation of success, for the purpose of one or more of: controlling the weight of the structure; ensuring sufficient strength and/or flexibility; providing a structure which would have allowed sufficient sealing and engagement to occur when the joint is properly mated; to aid in the machining of the structure; and to have a structural arrangement which would have been obvious to try, since such a modification would have involved a mere change in the size and/or proportion of a component. A change is size and/or proportion is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237, (CCPA 1955) and/or Gardener v. TEC Systems, Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984).
As to claim 8, Oi et al discloses the connector of claim 3, except that the U-shaped assembly is a wire retainer composed of a steel material.
Oi et al discloses that the retainer is metal and elastically deformable (see [0053]).
It would have been obvious to one having ordinary skill in the art at the time the invention was made to modify Oi et al such that the U-shaped assembly is a wire retainer composed of a steel material, with a reasonable expectation of success, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
As to claim 16, Oi et al discloses the assembly of claim 15, except that the minor axis is 20 to 30 percent smaller than the major axis.
However, it is known in the art that altering/varying the relative sizes of a structure can affect the weight, sealing ability, strength, flexibility, etc. of the structure.
Accordingly, it would have been obvious to one having ordinary skill in the art at the time the invention was made to modify Oi et al such that the minor axis is 20 percent to 30 percent smaller than the major axis, with a reasonable expectation of success, for the purpose of one or more of: controlling the weight of the structure; ensuring sufficient strength and/or flexibility; providing a structure which would have allowed sufficient sealing and engagement to occur when the joint is properly mated; to aid in the machining of the structure; and to have a structural arrangement which would have been obvious to try, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Alternatively, it would have been obvious matter of design choice to modify Oi et al such that the minor axis is 20 percent to 30 percent smaller than the major axis, with a reasonable expectation of success, for the purpose of one or more of: controlling the weight of the structure; ensuring sufficient strength and/or flexibility; providing a structure which would have allowed sufficient sealing and engagement to occur when the joint is properly mated; to aid in the machining of the structure; and to have a structural arrangement which would have been obvious to try, since such a modification would have involved a mere change in the size and/or proportion of a component. A change is size and/or proportion is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237, (CCPA 1955) and/or Gardener v. TEC Systems, Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984).
As to claim 18, Oi et al discloses the assembly of claim 17, except that the U-shaped assembly is a wire retainer composed of a steel material.
Oi et al discloses that the retainer is metal and elastically deformable (see [0053]).
It would have been obvious to one having ordinary skill in the art at the time the invention was made to modify Oi et al such that the U-shaped assembly is a wire retainer composed of a steel material, with a reasonable expectation of success, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Claim(s) 4, 6, 10-12 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Oi et al in view of Snow (US 4,186,946).
As to claim 4, Oi et al discloses the connector of claim 3, wherein the receptacle includes first and second slots formed on opposing walls of the receptacle (see Figs. 2, 5 and 10), the first leg extending into the cavity through the first slot and the second leg extending into the cavity through the second slot, yet fails to teach that the minor axis of each first and second leg oriented towards the interior cavity of the receptacle.
However, Snow teaches a similar pipe connector wherein the cross-section of the retainer can be elliptical and the minor axis of each of the first leg and second leg is oriented toward the cavity of the receptacle (Fig. 8A). Snow’s configuration is reliably secure even during relative rotation of the coupled parts.
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Oi et al such that the minor axis of each first and second leg oriented towards the interior cavity of the receptacle, as taught by Snow, with a reasonable expectation of success, in order to maintain reliable interlocked rotatable engagement between the coupled parts.
As to claim 6, Oi et al discloses the connector of claim 3, except that the major axis of each first and second leg is parallel with the longitudinal axis of the receptacle interior cavity.
However, Snow teaches a similar pipe connector wherein the cross-section of the retainer can be elliptical and the minor axis of each of the first leg and second leg is oriented toward the cavity of the receptacle (Fig. 8A). Snow’s configuration is reliably secure even during relative rotation of the coupled parts.
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Oi et al such that the major axis of each first and second leg is parallel with the longitudinal axis of the receptacle interior cavity, as taught by Snow, with a reasonable expectation of success, in order to maintain reliable interlocked rotatable engagement between the coupled parts.
As to claim 10, Oi et al discloses the assembly of claim 9, wherein the receptacle includes first and second slots formed on opposing walls of the receptacle, the first leg extending into the cavity through the first slot and the second leg extending into the cavity through the second slot, yet fails to teach that the minor axis of each first and second leg oriented towards the cavity of the receptacle.
However, Snow teaches a similar pipe connector wherein the cross-section of the retainer can be elliptical and the minor axis of each of the first leg and second leg is oriented toward the cavity of the receptacle (Fig. 8A). Snow’s configuration is reliably secure even during relative rotation of the coupled parts.
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Oi et al such that the minor axis of each first and second leg oriented towards the interior cavity of the receptacle, as taught by Snow, with a reasonable expectation of success, in order to maintain reliable interlocked rotatable engagement between the coupled parts.
As to claim 11, Oi et al in view of Snow discloses the assembly of claim 10, wherein each first and second leg is urged outward of their associated first and second slot when the endform slides from the mounting position into the latched position. Refer to Oi et al: Figs. 2 and 12-15, and paragraphs [0061]-[0071]).
As to claim 12, Oi et al discloses the assembly of claim 9, except that the major axis of each first and second leg is parallel with the longitudinal axis of the receptacle interior cavity.
However, Snow teaches a similar pipe connector wherein the cross-section of the retainer can be elliptical and the minor axis of each of the first leg and second leg is oriented toward the cavity of the receptacle (Fig. 8A). Snow’s configuration is reliably secure even during relative rotation of the coupled parts.
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Oi et al such that the major axis of each first and second leg is parallel with the longitudinal axis of the receptacle interior cavity, as taught by Snow, with a reasonable expectation of success, in order to maintain reliable interlocked rotatable engagement between the coupled parts.
As to claim 14, Oi et al discloses the assembly of claim 10, wherein the endform includes a ramped surface (11) that engages each first and second leg and that urges each leg into the spread condition when the endform traverses from the mounting position into the latched position. Refer to Oi et al: Figs. 2 and 12-15, and paragraphs [0061]-[0071]).
Claim(s) 13 and 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Oi et al in view of Nezu (US 2015/0176738).
As to claim 13, Oi et al discloses the assembly of claim 9, except that the groove has spaced parallel walls that accept the major axis of each first and second leg between the walls when in the relaxed condition in the latched position.
However, Nezu teaches a similar pipe coupling that uses a wire retainer to connect a tube to a receptacle. The tube includes and endform (11) having a groove (14) defined by two parallel walls (Fig. 6). The groove receives the retainer to secure the tube to the receptacle.
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Oi et al such that the groove has spaced parallel walls that accept the major axis of each first and second leg between the walls when in the relaxed condition in the latched position, as taught by Nezu, with a reasonable expectation of success, in order to reliably couple an tube having an endform with a groove having spaced parallel walls.
As to claim 19, Oi et al discloses a process for coupling a tube (7) to a receptacle (Fig. 2) comprising: forming an endform on an end of the tube, the endform having a groove about the periphery of the endform (the groove is that structure of the tube defined between the bulge portion 11 and the outer surface of the tube, the groove receiving the retainer (5), as shown in Fig. 2) and locating the endform in a cavity within the receptacle in a mounting position (Fig. 2), the endform slidable into a latched position; installing a retainer (5) having a first and a second legs (55, 57) in the cavity, each leg having a cross section that has a first minor axis and a second major axis; sliding the endform from the mounting position to the latched position causing the endform to engage the first and second legs minor axis that urge the first and second legsinto a spread condition while the endform is traversing from the mounting position to the latched position (refer to Figs. 2 and 12-15, and paragraphs [0061]-[0071]).
Oi et al fails to teach that type of endform on the tube, and that in the latched position the major axis of each of the first and second legs are captured by parallel walls forming the groove when the first and second legs retract to a relaxed condition.
However, Nezu teaches a similar pipe coupling that uses a wire retainer to connect a tube to a receptacle. The tube includes and endform (11) having a groove (14) defined by two parallel walls (Fig. 6). The groove receives the retainer to secure the tube to the receptacle.
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Oi et al such that the groove has spaced parallel walls that accept the major axis of each first and second leg between the walls when in the relaxed condition in the latched position, as taught by Nezu, with a reasonable expectation of success, in order to reliably couple an tube having an endform with a groove having spaced parallel walls.
As to claim 20, Oi et al in view of Nezu discloses the process of claim 19, except that the first minor axis is smaller by 20-30 percent than the second major axis.
However, it is known in the art that altering/varying the relative sizes of a structure can affect the weight, sealing ability, strength, flexibility, etc. of the structure.
Accordingly, it would have been obvious to one having ordinary skill in the art at the time the invention was made to modify Oi et al such that the minor axis is 20 percent to 30 percent smaller than the major axis, with a reasonable expectation of success, for the purpose of one or more of: controlling the weight of the structure; ensuring sufficient strength and/or flexibility; providing a structure which would have allowed sufficient sealing and engagement to occur when the joint is properly mated; to aid in the machining of the structure; and to have a structural arrangement which would have been obvious to try, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Alternatively, it would have been obvious matter of design choice to modify Oi et al such that the minor axis is 20 percent to 30 percent smaller than the major axis, with a reasonable expectation of success, for the purpose of one or more of: controlling the weight of the structure; ensuring sufficient strength and/or flexibility; providing a structure which would have allowed sufficient sealing and engagement to occur when the joint is properly mated; to aid in the machining of the structure; and to have a structural arrangement which would have been obvious to try, since such a modification would have involved a mere change in the size and/or proportion of a component. A change is size and/or proportion is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237, (CCPA 1955) and/or Gardener v. TEC Systems, Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984).
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
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 730am-930pm (MST), mid-day flex.
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James M. Hewitt II
Primary Examiner
Art Unit 3679
/JAMES M HEWITT II/Primary Examiner, Art Unit 3679