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 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 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 1-15 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 1, line 4, the phrase "ramp-like" renders the claim(s) indefinite because it is unclear as what constitutes “ramp-like”, thereby rendering the scope of the claim(s) unascertainable. See MPEP § 2173.05(d).
Claim 8, line 1, the phrase "ramp-like" renders the claim(s) indefinite because it is unclear as what constitutes “ramp-like”, thereby rendering the scope of the claim(s) unascertainable. See MPEP § 2173.05(d).
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.
Claim(s) 1-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sorbi (US 2014/0015247) in view of DE 1288383.
As to claim 1, Sorbi discloses a connector (100) for flexible hoses (101), comprising: - a hollow main body (15), extending in a first axial direction (X) and defining an element for coupling with a flexible hose, the hollow main body comprising an outer lateral surface having at least one annular ramp-like element (5a), adjacent to at least one circumferential annular cavity and defining a housing for a sealing element (12a); - at least one clamping element (47) extending in the first axial direction and configured for applying, radially, a locking force on an outer surface of said flexible hose when said flexible hose is coupled to the hollow main body; said clamping element having at least one portion, in use, in contact with said flexible hose (Fig. 6);- a connecting body (as at 108) extending around the hollow main body and to which at least said clamping element is fixed ([102]).
Sorbi fails to teach that the connector being characterised in that the at least one portion of the clamping element comprises a curved surface, in a radial direction.
However, DE 1288383 teaches a similar hose connector fitting, wherein the clamping element comprises a curved surface, in a radial direction ([0015]; Figs. 7, and 9-11).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Sorbi such that the at least one portion of the clamping element comprises a curved surface, in a radial direction, as taught by DE1288383, with a reasonable expectation of success, in order to more reliably secure flexible hoses at higher pressures ([0002] - [0004]).
As to claim 2, Sorbi in view of DE 1288383 discloses the connector according to claim 1, wherein each clamping element is characterised in that it has a profile having at least one recess (Sorbi: Fig. 6).
As to claim 3, Sorbi in view of DE 1288383 discloses the connector according to claim 1, wherein the hollow main body comprises a cylindrical portion (Fig. 5), having a first diameter Dext (a given diameter along the length of the nipple).
Sorbi/DE 1288383 is not explicit as to whether the curved surface of the clamping element has a diameter between the value of Dext/(π³) and Dext(π⁵).
It is noted that the prescribed range is very large, from about 0.033 to about 305 times Dext.
Nevertheless, it would have been obvious to one having ordinary skill in the art at the time the invention was made to modify Sorbi/DE 1288383 such that the curved surface of the clamping element has a diameter between the value of Dext/(π³) and Dext(π⁵), 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; 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.
As to claim 4, Sorbi in view of DE 1288383 discloses the connector according to claim 1, wherein said at least one clamping element has in a proximal end, relative to the connecting body, connecting means (Sorbi: 109), and in a distal end to the connecting body it has a protruding tab (Sorbi: 45).
As to claim 5, Sorbi in view of DE 1288383 discloses the connector according to claim 1, wherein each clamping element has at least one curved portion, in use, at least partly in contact with the flexible hose (refer to DE 1288383).
As to claim 6, Sorbi in view of DE 1288383 discloses the connector according to claim 1, wherein the sealing element housed in said annular cavity allows, in use, a sealed coupling between the flexible hose and the hollow main body (refer to DE 1288383).
As to claim 7, Sorbi in view of DE1288383 discloses the connector according to claim 1, wherein the annular cavity is delimited by a pair of side walls having a curved profile and a bottom wall (Sorbi: Fig. 2).
As to claim 8, Sorbi in view of DE1288383 discloses the connector according to claim 1, wherein there are two ramp-like annular elements (Sorbi: 5a, 5b) separated by a distance equal to the length of the annular cavity (Sorbi: Fig. 2).
As to claim 9, Sorbi in view of DE1288383 discloses the connector according to claim 1, wherein the hollow main body has a distal portion having a tapered shape (Sorbi: as at 104).
As to claim 10, Sorbi in view of DE1288383 discloses the connector according to claim 9, wherein the hollow main body has a proximal portion (Sorbi: 111), opposite the distal portion, and integral with the connecting body.
As to claim 11, Sorbi in view of DE1288383 discloses the connector according to claim 1, comprising a clip (46) intended to wrap, in the above- mentioned portion of the clamping element and at the sealing element, said flexible hose.
As to claim 12, Sorbi in view of DE1288383 discloses a method for making a connection with at least one flexible hose, comprising the steps of: - preparing a connector according to claim 1 (refer to claim 1 above); - preparing at least one flexible hose (101); - inserting the hollow main body into the flexible hose (Fig. 6); - putting said at least one clamping element in contact with an outer surface of said flexible hose to apply a force in a radial direction on the outer surface of said flexible hose in such a way as to define a sealed connection between the clamping element and the flexible hose (Fig. 6).
As to claim 13, Sorbi in view of DE1288383 discloses the method according to claim 12, comprising, before the step of inserting the hollow main body inside the flexible hose, the steps of: - preparing a connector wherein the hollow main body (15) comprises an outer lateral surface having at least one ramp-like annular element (5a), adjacent to at least one circumferential annular cavity (6a); - preparing at least one sealing element (12a); - inserting the sealing element in the annular cavity of the hollow main body (Figs. 1-3).
As to claim 14, Sorbi in view of DE1288383 discloses the method according to claim 12, comprising the step of preparing a clip (46a; Figs. 10-11); and wherein the step of placing said at least one clamping element in contact with the outer surface of said flexible hose is performed by wrapping said clamping element and said flexible hose using the clip (Figs. 5-7, 10-11).
As to claim 15, Sorbi in view of DE1288383 discloses the method according to claim 12, wherein the step of placing said at least one clamping element in contact with the outer surface of said flexible hose is performed by positioning the clip in a portion of the clamping element at the sealing element (Figs. 5-6).
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.
Each of St. James, Grau, and Bobenhausen discloses a connector for a flexible hose including a clamping element similar to that of Applicant’s.
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.
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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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James M. Hewitt II
Primary Examiner
Art Unit 3679
/JAMES M HEWITT II/Primary Examiner, Art Unit 3679