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 .
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 1-17 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-8 of U.S. Patent No. 12,398,835. Although the claims at issue are not identical, they are not patentably distinct from each other because the patent encompasses the subject matter of the instant application.
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.
Claim 3 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 3 recites the limitation "a first seat". There is insufficient antecedent basis for this limitation in 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, 2, 6-12 and 14-17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 20050167980, Bauer.
In regards to claim 1, in Figures 1-4 and paragraphs detailing said figures, Bauer discloses a fluid coupling comprising: a male coupling (4) defining a first longitudinal axis and an open flow path extending along the first longitudinal axis between both ends of the male coupling, the male coupling comprising:(i) a cylindrical body portion having a first outer diameter (to the left of 17) and (ii) a ridge portion (17) attached to the cylindrical body portion and having a second outer diameter that is larger than the first outer diameter; and a female coupling (1) defining a second longitudinal axis and an open flow path extending along the second longitudinal axis between both ends of the female coupling, the female coupling comprising: (i) a first end portion comprising a termination structure (1a) configured for attaching a fluid conduit to the female coupling and (ii) a second end portion comprising an inner sleeve (1b) and an ovular outer collar (2) radially surrounding the inner sleeve, wherein the ovular outer collar comprises: (i) a pair of first wall portions (12) that face each other and are spaced apart at a first distance and (ii) a pair of second wall portions (19) that face each other and are spaced apart at a second distance that is greater than the first distance, wherein each first wall portion of the pair of first wall portions defines an opening, wherein, while the male and female couplings are connected together: the inner sleeve is radially within the cylindrical body portion of the male coupling; the ovular outer collar is radially outside of the cylindrical body portion of the male coupling; and the ridge portion extends into each of the openings defined by the pair of first wall portions, and wherein the pair of second wall portions are configured to be compressed to disconnect the male and female couplings when the male and female couplings are connected together.
In regards to claim 2, in Figures 1-4 and paragraphs detailing said figures, Bauer discloses the second end portion of the female coupling includes a first seal (3) member, and wherein, while the male and female couplings are connected together, the first seal member fluidly seals against a first cylindrical inner wall portion of the male coupling.
In regards to claim 6, in Figures 1-4 and paragraphs detailing said figures, Bauer discloses the second end portion of the female coupling includes a second seal member (3), and wherein, while the male and female couplings are connected together, the second seal member fluidly seals against a second cylindrical inner wall portion of the male coupling.
In regards to claim 7, in Figures 1-4 and paragraphs detailing said figures, Bauer discloses the ovular outer collar is bisymmetrical.
In regards to claim 8, in Figures 1-4 and paragraphs detailing said figures, Bauer discloses a junction between the first and second end portions of the female coupling comprises an area of reduced strength.
In regards to claim 9, in Figures 1-4 and paragraphs detailing said figures, Bauer discloses each of the second wall portions of the ovular outer collar defines an opening.
In regards to claim 10, in Figures 1-4 and paragraphs detailing said figures, Bauer discloses an end of the ovular outer collar defines a scallop along each of the second wall portions.
In regards to claim 11, in Figures 1-4 and paragraphs detailing said figures, Bauer discloses a female fluid coupling comprising: a main body defining a longitudinal axis and an open flow path extending along the longitudinal axis between both ends of the main body, the main body comprising: (i) a first end portion comprising a termination structure configured for attaching a fluid conduit to the female fluid coupling and (ii) a second end portion comprising an inner sleeve and an ovular outer collar radially surrounding the inner sleeve, wherein the ovular outer collar comprises: (i) a pair of first wall portions that face each other and are spaced apart at a first distance and (ii) a pair of second wall portions that face each other and are spaced apart at a second distance that is greater than the first distance, wherein each first wall portion of the pair of first wall portions defines an opening.
In regards to claim 12, in Figures 1-4 and paragraphs detailing said figures, Bauer discloses a first seal member and a second seal member, wherein the first and second seal members are positioned on the inner sleeve.
In regards to claim 14, in Figures 1-4 and paragraphs detailing said figures, Bauer discloses the ovular outer collar is bisymmetrical.
In regards to claim 15, in Figures 1-4 and paragraphs detailing said figures, Bauer discloses a junction between the first and second end portions of the main body comprises an area of reduced strength.
In regards to claim 16, in Figures 1-4 and paragraphs detailing said figures, Bauer discloses each of the second wall portions of the ovular outer collar defines an opening.
In regards to claim 17, in Figures 1-4 and paragraphs detailing said figures, Bauer discloses an end of the ovular outer collar defines a scallop along each of the second wall portions.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure because it illustrates the claimed invention.
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.
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 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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