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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the second sealing member being formed in a shape of a ring having a recess formed in an outer surface thereof must be shown or the features canceled from claim 6. No new matter should be entered.
The drawings are objected to because:
Figure 1 - there is extraneous written matter. The extraneous written matter should be designated by reference element numbers on the drawings whereas the description of those elements should be in the specification.
Figures 3, 4, 7 and 8 – drawing element “120” needs to be replaced by --210-- to designate the cylindrical casing of the female connector “200”.
Figure 1 should be designated by a legend such as --Prior Art-- because only that which is old is illustrated. See MPEP § 608.02(g).
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities:
Page 24, line 4 – add --(as shown in FIG. 5)-- after “X”.
Page 24, lines 5-6 – the ring having a recess formed in an outer surface thereof is not shown in FIGs. 6 and 7.
Page 24, line 11 – replace “FIG. 7” with --FIG. 5--.
Page 24, line 20 – replace “FIG. 6” with --FIG. 5--.
Page 26, line 19 – replace “110 or 120” with --110 or 210--.
Page 26, line 22 – replace “110 or 120” with --110 or 210--.
Page 29, line 10 – replace “means 500” with --means 600--.
Page 29, line 15 – replace “means 500” with --means 600--.
Correction is required.
Claim Objections
Claim 3 is objected to because of the following informalities: Line 3 – replace “the other” before “end” with --one--.
Correction is required.
Claim 4 is objected to because of the following informalities: Line 7 – replace “the” between “of” and “connection” with --a respective--.
Correction is required.
Claim 10 is objected to because of the following informalities: Line 7 – delete “the” before “upper and lower sides”.
Correction is required.
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.
This application includes one or more claim limitations that use the word “means” or “step” but are nonetheless not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph because the claim limitation(s) recite(s) sufficient structure, materials, or acts to entirely perform the recited function. Such claim limitation(s) is/are: “pipe coupling means configured to” and “heat conduction path formation means” in claim 1.
Because this/these claim limitation(s) is/are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are not being interpreted to cover only the corresponding structure, material, or acts described in the specification as performing the claimed function, and equivalents thereof.
If applicant intends to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to remove the structure, materials, or acts that performs the claimed function; or (2) present a sufficient showing that the claim limitation(s) does/do not recite sufficient structure, materials, or acts to perform the claimed function.
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.
Claims 4, 9 and 10 are rejected under 35 U.S.C. 112(b) 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 4 recites “the first coupling member…each of the first coupling member and the second coupling member…” However, claim 1 from which claim 4 depends does not recite first or second coupling members. However, claim 3 sets forth first and second coupling members. Does Applicant mean for claim 4 to depend from claim 3? Examiner’s understanding is that claim 4 is meant to depend from claim 1. If this understanding is correct, Applicant needs to amend claim 4 to reflect this understanding.
Claim 9 recites “one of the first heat conduction path member and the second heat conduction path member…” However, claim 1 from which claim 9 depends does not recite first or second heat conduction path members. However, claim 8 sets forth first and second heat conduction path members. Does Applicant mean for claim 9 to depend from claim 8? Examiner’s understanding is that claim 9 is meant to depend from claim 8. If this understanding is correct, Applicant needs to amend claim 9 to reflect this understanding.
Claim 10 is rejected herein due to its dependency on claim 9.
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 and 4 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim et al Korean Patent No. KR20220150565A.
With regard to claim 1, and as shown in Figure 3, Kim et al disclose a quick connector for ultra-low temperature vacuum pipes, the quick connector comprising:
a male connector (at 100) having a connection pipe (at 101) provided along a center line thereof;
a female connector (at 200) having a connection pipe (at 201) provided along a center line thereof, the female connector being connected to the male connector (as shown in Fig 3);
a pipe coupling means (at 300 and shown in Fig 6) configured to couple the connection pipe of the male connector and the connection pipe of the female connector to each other; and
a heat conduction path formation means (at 410, 410) provided in each of the male connector and the female connector, the heat conduction path formation means being configured to form a multilayer heat conduction path in a direction perpendicular to the connection pipe (similar to that as shown in the instant application, the multilayer heat conduction path is formed in radial layers), a part of the heat conduction path formation means provided in the male connector and a part of the heat conduction path formation means provided in the female connector being in contact with each other (as shown in Fig 3 and 4).
With regard to claim 3, and as shown in Figures 3 and 6, Kim et al disclose wherein the pipe coupling means comprises:
a first coupling member (at 312, 340 and as shown in Fig 6) provided at the other end of the connection pipe of the male connector (as shown in Fig 3);
a second coupling member (at 311 and as shown in Fig 6) provided at one end of the connection pipe of the female connector (as shown in Fig 3);
a third coupling member (at 320) coupled to an outside of an overlapping portion of the first coupling member and the second coupling member in a state in which an end of the first coupling member and an end of the second coupling member overlap each other in a radial direction (where 340 at 312 overlaps 311); and
one or more sealing members (at 330) provided on coupling surfaces of at least two of the first coupling member, the second coupling member, and the third coupling member.
With regard to claim 4, and as shown in Figures 3 and 6, Kim et al disclose wherein
the first coupling member (at 312, 340 as shown in Fig 6) is provided with a fitting projecting portion (as shown below) fitted into a space defined between the heat conduction path formation means and the connection pipe of the male connector, and
each of the first coupling member and the second coupling member is step-coupled to an end of the connection pipe (as shown in Fig 3).
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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) 8 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al.
With regard to claim 8, Kim et al disclose wherein the heat conduction path formation means comprises a first heat conduction path member (at 410 of 100 as shown in Fig 4) provided in the male connector and a second heat conduction path member (at 410 of 200 as shown in Fig 4) provided in the female connector but do not disclose the first and second heat conduction path members being configured to form a zigzag heat conduction path and each of the first heat conduction path member and the second heat conduction path member being formed as a tubular body with a specific cross-section shape.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the first and second heat conduction path members be configured to form a zigzag heat conduction path and each of the first heat conduction path member and the second heat conduction path member be formed as a tubular body with a specific cross-section shape with a reasonable expectation of success to allow for an easier connection and because 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).
With regard to claim 9, Kim et al disclose wherein
one of the first heat conduction path member and the second heat conduction path member extends toward the other of the first heat conduction path member and the second heat conduction path member so as to be in partial contact with the other of the first heat conduction path member and the second heat conduction path member (as shown in Fig 4 where the first heat conduction path member of male connector 200 extends toward the second heat conduction path member and is in partial contact as shown in Fig 3 when connected).
Allowable Subject Matter
Claims 2, 5-7 and 10 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.
Conclusion
The prior art made of record and not relied upon are examples of the general mechanical state of the art.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FANNIE KEE whose telephone number is (571)272-1820. The examiner can normally be reached 8am-5pm.
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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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/F.K./Examiner, Art Unit 3679
/Matthew Troutman/Supervisory Patent Examiner, Art Unit 3679
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