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 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, 3, 4, 8-10, 12 and 15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 4721331, Lemelshtrich.
In regards to claim 1, in Figures 2-4B and paragraphs detailing said figures, Lemelshtrich discloses a female fitting (4) for use with a male fitting and a clip (8) to form a waterway connection assembly, the clip having first and second legs (30), the first leg having a first tab (32) extending therefrom and the second leg having a second tab (32) extending therefrom, the female fitting comprising: a body defining a cylindrical cavity (14) extending in an axial direction and adapted to receive the male fitting; a pair of raised curbs (see Figure 2 below) extending outwardly and defining a recess therebetween to thereby form a saddled adapted to receive the clip; a first aperture (22) and a second aperture (22) within opposing sidewalls of the female fitting, the first aperture being adapted to receive the first leg of the clip (via the tab) and the second aperture being adapted to receive the second leg of the clip (via the tab) whereby the clip may engage and secure the male fitting within the female fitting, wherein the first aperture is partially defined by a first base surface, the first base surface (22b) being a tapered surface whereby the first aperture widens outwardly and the second aperture is partially defined by a second base surface (22b), the second base surface being a tapered surface whereby the second aperture widens outwardly in a radial direction and wherein the first and second base surfaces are adapted to respectively engage the first and second legs of the clip and bias the first and second legs radially outwardly to disengage the clip from the male fitting; and a first locking recess (see Figure 2 below) extending axially from the first aperture and adapted to receive the first tab of the clip and a second locking recess extending axially from the second aperture and adapted to receive the second tab of the clip to thereby secure the clip on the female fitting.
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In regards to claim 3, in Figures 2-4B and paragraphs detailing said figures, Lemelshtrich discloses the first base surface is continuous with a base surface of the first locking recess whereby the first aperture and the first locking recess form a first L-shaped opening and wherein the second base surface is continuous with a base surface of the second locking recess whereby the second aperture and the second locking recess form a second L-shaped opening.
In regards to claim 4, in Figures 2-4B and paragraphs detailing said figures, Lemelshtrich discloses the base surface of the first locking recess and the base surface of the second locking recess are both tapered surfaces whereby both the first locking recess and the second locking recess widen outwardly in a radial direction and are adapted to respectively engage the first and second tabs of the clip and bias the first and second tabs radially outwardly to disengage the clip from the male fitting.
In regards to claim 8, in Figures 2-4B and paragraphs detailing said figures, Lemelshtrich discloses the female fitting is formed integrally with a component (6).
In regards to claim 9, in Figures 2-4B and paragraphs detailing said figures, Lemelshtrich discloses the component is one of a valve, a diverter, a manifold, a fixture, a Y-connector, or a T-connector.
In regards to claim 10, in Figures 2-4B and paragraphs detailing said figures, Lemelshtrich discloses a sub-assembly for use with a male fitting to form a waterway connection assembly, the sub-assembly comprising: a clip having first and second legs, the first leg having a first tab extending therefrom and the second leg having a second tab extending therefrom; and a female fitting including: a body defining a cylindrical cavity extending in an axial direction and adapted to receive the male fitting; a pair of raised curbs extending outwardly and defining a recess therebetween to thereby form a saddled adapted to receive the clip; a first aperture and a second aperture within opposing sidewalls of the female fitting, the first aperture being adapted to receive the first leg of the clip and the second aperture being adapted to receive the second leg of the clip whereby the clip may engage and secure the male fitting within the female fitting, wherein the first aperture is partially defined by a first base surface, the first base surface being a tapered surface whereby the first aperture widens outwardly and the second aperture is partially defined by a second base surface, the second base surface being a tapered surface whereby the second aperture widens outwardly in a radial direction and wherein the first and second base surfaces are adapted to respectively engage the first and second legs of the clip and bias the first and second legs radially outwardly to disengage the clip from the male fitting; and a first locking recess extending axially from the first aperture and adapted to receive the first tab of the clip and a second locking recess extending axially from the second aperture and adapted to receive the second tab of the clip to thereby secure the clip on the female fitting.
In regards to claim 12, in Figures 2-4B and paragraphs detailing said figures, Lemelshtrich discloses the first base surface is continuous with a base surface of the first locking recess whereby the first aperture and the first locking recess form a first L-shaped opening and wherein the second base surface is continuous with a base surface of the second locking recess whereby the second aperture and the second locking recess form a second L-shaped opening.
In regards to claim 15, in Figures 2-4B and paragraphs detailing said figures, Lemelshtrich discloses the female fitting is formed integrally with one of a valve, a diverter, a manifold, a fixture, a Y-connector, or a T-connector.
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 1-15 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 6, 7, 14, 18-20 and 24 of U.S. Patent No. 11,898,676. Although the claims at issue are not identical, they are not patentably distinct from each other because they claim the same subject matter.
Conclusion
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.
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/AARON M DUNWOODY/ Primary Examiner, Art Unit 3679
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