DETAILED ACTION
The present application and its arguments have been reviewed and currently claims 1,4-5,7-32 and 34-39 are rejected and claims 2, 3, 6, and 33 are cancelled.
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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 9/1/2026 has been entered.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1,4-5,7-32 and 34-39 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Objections
Claim 24 is objected to because of the following informalities:
In claim 24, line 3, “a body” should be “the body”.
Appropriate correction is required.
Claim Rejections - 35 USC § 103
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) 26 is rejected under 35 U.S.C. 103 as being unpatentable over Bryson (U.S. Patent No. 4,082,326) in view of Cornwell (U.S. Patent No. 6,450,550).
In regards to claim 26, Bryson discloses:
A joint assembly (see fig. 1) comprising:
a piping element (see annotated fig. 2 below); and
a fastener configured to secure a pipe length to the piping element,
the fastener comprising:
a nut (see annotated fig. 2);
a gasket (see annotated fig. 2) positioned at least partially between the nut and the piping element; and
a grip band (see 44 in annotated fig. 2) positioned at least partially between the nut and the gasket,
the grip band comprising a body defining a first axial end and a plurality of teeth (50, fig. 1) defining a second axial end,
each of the plurality of teeth configured to rotate (4:26-32, where the teeth rotate inwardly) with respect to an axis of the grip band in transition from an uncompressed condition of the grip band (see annotated fig. 2) to a compressed condition of the grip band (see annotated fig. 2) to increase a corresponding angle of attack of an inner surface (44, fig. 3) of each of the plurality of teeth with respect to a portion of an outer surface (52, fig. 3) of the pipe length where each of the plurality of teeth is in contact with the outer surface (ex., see low contact angle B in fig. 3),
each of the teeth being in contact with each of the pipe length and the gasket at the second axial end (see annotated fig. 2) upon assembly and tightening of the piping element and the fastener about the pipe length (see annotated fig. 2),
but does not disclose:
each of the plurality of teeth defining a tapered edge at the second axial end of the grip band.
In regards to the tapered edge, Cornwell discloses a similar grip band (see fig. 9 hereinafter) comprising beveled teeth (112) and a cylindrical inner surface (see near teeth in fig. 9; 5:29-30, where the teeth are located “about” its internal diameter) such that the retaining ring is a known beveled toothed washer made of spring steel (5:38-40).
It would have been obvious to one of ordinary skill in the art before the effective filling date to modify the shape of the edge of the teeth of Bryson such that each of the plurality of teeth defining a tapered edge at the second axial end of the grip band because Cornwell discloses a grip ring which comprises a beveled edge such that the teeth are located about the internal diameter of the grip ring and comprise a beveled edge (5:29-40) and it has been held that a change in shape (ex., a tapered vs flat edge) is obvious absent persuasive evidence that the particular configuration of the claimed container was significant. In re Dailey 357 F.2d 669, 672-73 (CCPA 1966) (referred to in MPEP 2144.04(IV)(B)).
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Claim(s) 1, 21, 7, 38, 10-14, 16, 19, 20, and 25 are rejected under 35 U.S.C. 103 as being unpatentable over Bryson in view of Herold (U.S. Patent No. 2,529,552).
It is noted to the applicant that the claims are ordered as shown above.
In regards to claim 1, Bryson discloses:
A joint assembly (see fig. 1) comprising:
a piping element (see annotated fig. 2 above hereinafter) defining:
a first conical portion (see annotated fig. 2) proximate to a first end of the piping element; and
the slope angle of the first conical portion measured with respect to an axis of the piping element (see annotated fig. 2); and
a fastener configured to secure a pipe length to the piping element, the fastener comprising:
a nut (see annotated fig. 2);
a gasket (see annotated fig. 2) positioned at least partially between the nut and the piping element,
an outer surface of the gasket in contact with the first conical portion; and
a grip band (see annotated fig. 2) positioned at least partially between the nut and the gasket,
the grip band comprising a body defining a first axial end and a plurality of teeth defining a second axial end (see annotated fig. 2),
each of the plurality of teeth configured to rotate (4:26-32, where the teeth rotate inwardly) with respect to an axis of the grip band in transition from an uncompressed condition of the grip band (see annotated fig. 2) to a compressed condition of the grip band (see annotated fig. 2) to increase a corresponding angle of attack of each of the plurality of teeth with respect to the pipe length (see annotated fig. 2),
each of the teeth being in contact with each of the pipe length and the gasket at the second axial end upon assembly and tightening of the piping element and the fastener about the pipe length (see annotated fig. 2),
an inner surface of each of the plurality of teeth defining, at a point on an outer surface of the pipe length where the second axial end of the teeth contacts the outer surface of the pipe length, an angle of attack with respect to an outer surface of the pipe length that is both a non-zero-degree angle of attack and a non-90-degree angle of attack in the compressed condition (see annotated fig. 2),
but does not disclose:
a second conical portion extending from and abutting the first conical portion and distal from the first end of the piping element,
a slope angle of the second conical portion being less than a slope angle of the first conical portion,
the slope angle of the second conical portion measured with respect to an axis of the piping element.
In regards to the second conical portion, Herold discloses that similar couplings (see figs. 3 and 5) with a grip ring (“S”) can comprise:
a first and a second conical surface (39 and 41, fig. 5) abutting against a gasket (R’),
wherein the second conical portion is extending from and abutting the first conical portion and distal from the first end of the piping element (see fig. 5),
a slope angle of the second conical portion being less than a slope angle of the first conical portion (see fig. 5),
each of the slope angle of the first conical portion and the slope angle of the second conical portion measured with respect to an axis of the piping element (see fig. 5), and
an outer surface of the gasket (33, fig. 4) in contact with each of the first conical portion and the second conical portion (see fig. 5),
wherein the shallow conical surfaces (ex., 41 in fig. 5 and 24 in fig. 2) are used to urge gripping ring when no gasket is present (2:47-54; ex., see 3:64-66, where the second conical surface is shallow).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the shape of conical portion of Bryson such that conical portion of Bryson comprises a first and second conical portion to meet the limitation of the claim and to provide the benefit of urging a grip ring when no gasket is present because Herold teaches it is known to provide first and second conical portions abutting one another (see fig. 5), Herold discloses shallow surfaces (ex., conical surface) are used to urge gripping ring when no gasket is present (2:47-54; ex., see 3:64-66, where the second conical surface is shallow), and it has been held that a change in shape has been found obvious absent persuasive evidence that the particular configuration of the claimed container was significant. See In re Dailey 357 F.2d 669, 672-73 (CCPA 1966) (referred to in MPEP 2144.04(IV)(B)). In this case, a person of ordinary skill could have pursued the known potential solutions with a reasonable expectation of success and the results would have been predictable because modifying the shape of conical surface to comprise a plurality of conical portions to meet the limitation of the claim (ex., Herold shows this configuration is known and achievable) would produce no new or unexpected results (ex., the result of providing the benefit of being able to urge a grip ring).
In addition, applicant's specification does not explain the criticality of having a dual conical surface which lacks a cylindrical step therebetween. Thus, one of ordinary skill in the art could have modified the conical surface of Bryson to be a dual conical surface as claimed as desired for the intended use.
In regards to claim 21, Bryson in view of Herold further discloses:
The joint assembly of claim 1, wherein the outer surface of the gasket comprises a first outer portion and a second outer portion (it is inherent that a gasket can be broken up into portions as “portion” is a broad term),
the first outer portion of the gasket configured to contact the second conical portion of the piping element and the second outer portion of the gasket configured to contact the first conical portion of the piping element (ex., see annotated fig. 2 of Bryson, where the gasket is in full contact with the conical surface, therefore, a single conical surface shaped into two conical surfaces would meet the limitation of the claim).
In regards to claim 7, Bryson further discloses:
The joint assembly of claim 21, wherein the nut defines a shoulder in an inner surface of the nut, the shoulder sized to receive and position the grip band with respect to an axis of the nut (see annotated fig. 2 above).
In regards to claim 38, Bryson further discloses:
The joint assembly of claim 7, wherein the shoulder defines a notch (see annotated fig. 2) sized to receive and position the grip band with respect to an axis of the nut, the notch restraining a position of the first axial end of the grip band in a direction parallel to the axis of the nut.
In regards to claim 10, Bryson further discloses:
The joint assembly of claim 21, wherein adjacent teeth of each of the plurality of teeth define a notch (26, fig. 1) therebetween.
In regards to claim 11, Bryson further discloses:
The joint assembly of claim 21, further comprising the pipe length (see annotated fig. 2),
the pipe length received within each of the fastener and the piping element,
each of the fastener and the piping element configured to secure a position of the pipe length with respect to each of the fastener and the piping element.
In regards to claim 12, Bryson further discloses:
The joint assembly of claim 11, wherein a minimum inner diameter of the piping element is less than an outer diameter of the pipe length (see annotated fig. 2 near “piping element”).
In regards to claim 13, Bryson further discloses:
The joint assembly of claim 11, wherein an axis of the pipe length is aligned with an axis of the piping element when the joint assembly is tightened (see annotated fig. 2).
In regards to claim 14, Bryson discloses:
A method of using a joint assembly, the method comprising:
engaging a fastener with a piping element (see annotated fig. 2 above hereinafter), wherein:
the fastener comprises:
a nut (see annotated fig. 2);
a gasket (see annotated fig. 2) positioned at least partially between the nut and the piping element; and
a grip band (see 44 in annotated fig. 2) positioned at least partially between the nut and the gasket,
the grip band comprising a body defining a first axial end and a plurality of teeth defining a second axial end (see annotated fig. 2); and
the piping element defines:
a first conical portion (see annotated fig. 2) proximate to a first end of the piping element; and
a slope angle of the first conical portion measured with respect to an axis of the piping element (see annotated fig. 2);
inserting a pipe length (see 32 in annotated fig. 2) through the fastener and into the piping element; and
tightening the fastener against the piping element (see annotated fig. 2), which comprises:
reducing an inner diameter of the grip band while maintaining an outer diameter of the grip band (see annotated fig. 2); and
engaging the grip band with the pipe length to fix a position of the pipe length with respect to a position of each of the fastener and the piping element (see annotated fig. 2),
engaging the grip band with the pipe length comprising:
contacting each of the pipe length and the gasket with the teeth at the second axial end (see annotated fig. 2); and
increasing a corresponding angle of attack (4:26-32, where the teeth rotate inwardly) of each of the plurality of teeth with respect to the pipe length relative to an angle of attack of each of the plurality of teeth before tightening the fastener against the piping element (see annotated fig. 2, where there is a compressed condition and a uncompressed condition); and
maintaining, at a point on an outer surface of the pipe length where the second axial end of the teeth contacts the outer surface of the pipe length, an inner surface of each of the plurality of teeth at an angle of attack with respect to an outer surface of the pipe length that is both a non-zero-degree angle of attack and a non-90-degree angle of attack (see annotated fig. 2 in the compressed condition),
but does not disclose:
a second conical portion extending from and abutting the first conical portion and distal from the first end of the piping element,
a slope angle of the second conical portion being less than a slope angle of the first conical portion,
the slope angle of the second conical portion measured with respect to an axis of the piping element.
In regards to the second conical portion, Herold discloses that similar couplings (see figs. 3 and 5) with a grip ring (“S”) can comprise:
a first and a second conical surface (39 and 41, fig. 5) abutting against a gasket (R’),
wherein the second conical portion is extending from and abutting the first conical portion and distal from the first end of the piping element (see fig. 5),
a slope angle of the second conical portion being less than a slope angle of the first conical portion (see fig. 5),
each of the slope angle of the first conical portion and the slope angle of the second conical portion measured with respect to an axis of the piping element (see fig. 5), and
an outer surface of the gasket (33, fig. 4) in contact with each of the first conical portion and the second conical portion (see fig. 5),
wherein the shallow conical surfaces (ex., 41 in fig. 5 and 24 in fig. 2) are used to urge gripping ring when no gasket is present (2:47-54; ex., see 3:64-66, where the second conical surface is shallow).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the shape of conical portion of Bryson such that conical portion of Bryson comprises a first and second conical portion to meet the limitation of the claim and to provide the benefit of urging a grip ring when no gasket is present because Herold teaches it is known to provide first and second conical portions abutting one another (see fig. 5), Herold discloses shallow surfaces (ex., conical surface) are used to urge gripping ring when no gasket is present (2:47-54; ex., see 3:64-66, where the second conical surface is shallow), and it has been held that a change in shape has been found obvious absent persuasive evidence that the particular configuration of the claimed container was significant. See In re Dailey 357 F.2d 669, 672-73 (CCPA 1966) (referred to in MPEP 2144.04(IV)(B)). In this case, a person of ordinary skill could have pursued the known potential solutions with a reasonable expectation of success and the results would have been predictable because modifying the shape of conical surface to comprise a plurality of conical portions to meet the limitation of the claim (ex., Herold shows this configuration is known and achievable) would produce no new or unexpected results (ex., the result of providing the benefit of being able to urge a grip ring).
In addition, applicant's specification does not explain the criticality of having a dual conical surface which lacks a cylindrical step therebetween. Thus, one of ordinary skill in the art could have modified the conical surface of Bryson to be a dual conical surface as claimed as desired for the intended use.
In regards to claim 16, Bryson in view of Herold further discloses:
The method of claim 14, wherein pairs of adjacent teeth of the plurality of teeth of the grip band define notches (see fig. 1 of Bryson) therebetween,
the method further comprising closing the notches by movement of the adjacent teeth towards each other to block extrusion of the gasket through the notches (it is inherent that moving the teeth radially inward would cause closing of the notches).
In regards to claim 19, Bryson in view of Herold further discloses:
The method of claim 14, wherein tightening the fastener against the piping element comprises contacting at least one of the first conical portion and the second conical portion with the gasket.
In regards to claim 20, Bryson in view of Herold further discloses:
The method of claim 14, wherein tightening the fastener against the piping element comprises aligning an axis of the pipe length with an axis of the piping element (see annotated fig. 2).
In regards to claim 25, Bryson in view of Herold further discloses:
The method of claim 14, wherein a tensile strength of the resulting joint assembly is greater than or equal to a tensile strength of the pipe length (see annotated fig. 2).
Claim(s) 4, 5, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Bryson in view of Herold as applied to claims 14 and 21 above and in further view of Larson (U.S. Patent No. 11,015,748).
In regards to claim 4, Bryson in view of Herold discloses:
The joint assembly of claim 21,
but does not disclose:
further comprising a washer positioned at least partially between the nut and the gasket.
In regards to the washer, Larson discloses a similar device (see fig. 13 hereinafter) comprising a gasket (34) comprising a washer (66) to further assist in driving the grip ring for even more pipe engagement and closure (8:34-44).
It would have been obvious to one of ordinary skill in the art before the effective filling date to modify the gasket of Bryson in view of Herold with the provision of a tapered washer to further assist in driving the grip ring for even more pipe engagement and closure, as disclosed by Larson (8:34-44).
In regards to claim 5, Bryson in view of Herold and Larson further discloses:
The joint assembly of claim 4, wherein an inner surface of the washer defines a conical shape.
In regards to claim 18, Bryson in view of Herold discloses:
The method of claim 14,
but does not disclose:
wherein the fastener further comprises a washer positioned at least partially between the nut and the gasket, and
wherein engaging the grip band with the pipe length comprises:
contacting the washer with the plurality of teeth of the grip band; and
rotating, with a force applied by the washer, the plurality of teeth of the grip band with respect to an axis of the grip band in transition from an uncompressed condition of the grip band to a compressed condition of the grip band.
In regards to the washer, Larson discloses a similar device (see fig. 13 hereinafter) comprising a gasket (34) comprising a washer (66) to further assist in driving the grip ring for even more pipe engagement and closure (8:34-44).
It would have been obvious to one of ordinary skill in the art before the effective filling date to modify the gasket of Bryson in view of Herold with the provision of a tapered washer to further assist in driving the grip ring for even more pipe engagement and closure, as disclosed by Larson (8:34-44).
Claim(s) 22 is rejected under 35 U.S.C. 103 as being unpatentable over Bryson in view of Herold and Larson as applied to claim 4 above and in further view of Behrens et al. (U.S. Patent No. 5,351,998).
In regards to claim 22, Bryson in view of Herold and Larson discloses:
The joint assembly of claim 4,
but does not disclose:
the washer and the gasket are adhesively joined to each other.
In regards to the adhesive, Behrens discloses a similar device where a gasket is adhesively joined to a sealing element to provide the benefit of a reduction of parts (4:42-47).
It would have been obvious to one of ordinary skill in the art before the effective filling date to adhesively join the washer and gasket of Bryson in view of Herold and Larson to each other to provide the benefit of a reduction of parts, as taught by Behrens (4:42-47).
Claim(s) 8, 9 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Bryson in view of Herold as applied to claims 14 and 21 above and in further view of Cornwell.
In regards to claim 8, Bryson in view of Herold discloses:
The joint assembly of claim 21,
but does not disclose:
wherein each of the plurality of teeth defines a tapered edge at the second axial end of the grip band.
In regards to the tapered edge, Cornwell discloses a similar grip band (see fig. 9 hereinafter) comprising beveled teeth (112) and a cylindrical inner surface (see near teeth in fig. 9; 5:29-30, where the teeth are located “about” its internal diameter) such that the retaining ring is a known beveled toothed washer made of spring steel (5:38-40).
It would have been obvious to one of ordinary skill in the art before the effective filling date to modify the shape of the edge of the teeth of Bryson in view of Herold such that each of the plurality of teeth defining a tapered edge at the second axial end of the grip band because Cornwell discloses a grip ring which comprises a beveled edge such that the teeth are located about the internal diameter of the grip ring and comprise a beveled edge (5:29-40) and it has been held that a change in shape (ex., a tapered vs flat edge) is obvious absent persuasive evidence that the particular configuration of the claimed container was significant. In re Dailey 357 F.2d 669, 672-73 (CCPA 1966) (referred to in MPEP 2144.04(IV)(B)).
In regards to claim 9, Bryson in view of Herold and Cornwell further discloses:
The joint assembly of claim 8, wherein the tapered edge of each of the plurality of teeth defines a chamfer, the chamfer facing radially outward when the grip band is in the uncompressed condition (ex., see fig. 9 of Cornwell).
In regards to claim 17, Bryson in view of Herold discloses:
The method of claim 14,
but does not disclose:
wherein engaging the grip band with the pipe length comprises engaging with the pipe length a sharp edge of a tapered edge of each of the plurality of teeth of the grip band.
In regards to the tapered edge, Cornwell discloses a similar grip band (see fig. 9 hereinafter) comprising beveled teeth (112) and a cylindrical inner surface (see near teeth in fig. 9; 5:29-30, where the teeth are located “about” its internal diameter) such that the retaining ring is a known beveled toothed washer made of spring steel (5:38-40).
It would have been obvious to one of ordinary skill in the art before the effective filling date to modify the shape of the edge of the teeth of Bryson in view of Herold such that each of the plurality of teeth defining a tapered edge at the second axial end of the grip band because Cornwell discloses a grip ring which comprises a beveled edge such that the teeth are located about the internal diameter of the grip ring and comprise a beveled edge (5:29-40) and it has been held that a change in shape (ex., a tapered vs flat edge) is obvious absent persuasive evidence that the particular configuration of the claimed container was significant. In re Dailey 357 F.2d 669, 672-73 (CCPA 1966) (referred to in MPEP 2144.04(IV)(B)).
Claim(s) 15 and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Bryson in view of Herold as applied to claims 14 and 21 above and in further view of Baumgartner (U.S. Patent No. 7,455,330).
In regards to claim 15, Bryson in view of Herold discloses:
The method of claim 14, wherein the gasket being formed from a resilient material (ex., every material has some resiliency),
but does not disclose:
wherein tightening the fastener against the piping element comprises compressing ribs of the gasket of the fastener, the gasket being formed from a resilient material.
In regards to the ribs, Baumgartner discloses a similar gasket comprising sealing beads on the inner and outer further of the gasket to increase the elasticity of the ring to enable the sealing effect of the seal to be assured even in the case of quite large variations in tolerance and dimensions of the coupling body (4:48-54).
It would have been obvious to one of ordinary skill in the art before the effective filling date to modify the gasket of Bryson in view of Herold with the provision of ribs on the inner and outer surface of the gasket to increase the elasticity of the ring to enable the sealing effect of the seal to be assured even in the case of quite large variations in tolerance and dimensions of the coupling body, as taught by Baumgartner (4:48-54).
In regards to claim 23, Bryson in view of Herold discloses:
The joint assembly of claim 21,
but does not disclose:
wherein the gasket defines a rib on the outer surface, the rib extending in a radial direction from a surrounding portion of the outer surface.
In regards to the ribs, Baumgartner discloses a similar gasket comprising sealing beads on the inner and outer further of the gasket to increase the elasticity of the ring to enable the sealing effect of the seal to be assured even in the case of quite large variations in tolerance and dimensions of the coupling body (4:48-54).
It would have been obvious to one of ordinary skill in the art before the effective filling date to modify the gasket of Bryson in view of Herold with the provision of ribs on the inner and outer surface of the gasket to increase the elasticity of the ring to enable the sealing effect of the seal to be assured even in the case of quite large variations in tolerance and dimensions of the coupling body, as taught by Baumgartner (4:48-54).
Claim(s) 24 is rejected under 35 U.S.C. 103 as being unpatentable over Bryson in view of Herold as applied to claim 21 above and in further view of DeWitt et al. (US-5217261).
In regards to claim 24, Bryson in view of Herold discloses:
The joint assembly of claim 21,
but does not disclose:
wherein the grip band defines a groove in the outer surface,
the groove defined in an axial direction with respect to the axis of the grip band between a body and the teeth of the grip band.
In regards to the groove, Dewitt discloses a similar grip band (see fig. 6) comprising a groove (64) so that the assembler may be able to quickly determine which end of the ferrule should be first inserted over the tube end (6:25-34).
It would have been obvious to one of ordinary skill in the art before the effective filling date to modify the grip band of Bryson in view of Herold with the provision of a groove so that the assembler may be able to further quickly determine which end should be first inserted over the tube end, as taught by Dewitt (6:25-34).
Claim(s) 39 is rejected under 35 U.S.C. 103 as being unpatentable over Bryson in view of Herold as applied to claim 1 above and in further view of Komolrochanaporn (U.S. Patent No. 5,466,019).
In regards to claim 39, Bryson in view of Herold discloses:
The joint assembly of claim 1,
but does not disclose:
further comprising a pipe insert stiffener, the pipe insert stiffener defining a length measured between a first end and a second end.
In regards to the stiffener, Komolrochanaporn discloses a similar device comprising a pipe stiffener at the end of the pipe to support the end of the pipe (3:47-50).
It would have been obvious to one of ordinary skill in the art before the effective filling date to modify the device of Bryson in view of Herold such that the pipe end comprises a pipe stiffener to support the end of the pipe, as taught by Komolrochanaporn (3:47-50).
Claim(s) 26, 37, 27-29, 32, and 34-36 are rejected under 35 U.S.C. 103 as being unpatentable over Herold in view of Wolfram (U.S. Patent No. 2,466,526) and in further view of Martelli (FR-2335783).
It is noted to the applicant that the claims are ordered as shown above.
In regards to claim 26, Herold discloses:
A joint assembly (see fig. 1 and annotated fig. 2 below) comprising:
a piping element (B); and
a fastener (see fig. 1) configured to secure a pipe length (T) to the piping element,
the fastener comprising:
a nut (N);
a gasket (R) positioned at least partially between the nut and the piping element; and
a grip band (S) positioned at least partially between the nut and the gasket,
the grip band comprising a body (see near S) defining a first axial end (ex., entirety of body portion shown in annotated fig. 3) and a single tooth (ex., entirety of portion of flanged body end) defining a second axial end (see annotated fig. 3),
the tooth defining an edge (ex., near 12) at the second axial end of the grip band and configured to rotate (ex., compare fig. 1 with fig. 3) with respect to an axis of the grip band in transition from the an uncompressed condition of the grip band (ex., fig. 1) to a compressed condition of the grip band (ex., fig. 3) to increase a corresponding angle of attack of an inner surface (ex., see annotated fig. 3 below) of the tooth with respect to a portion (ex., the end portion of the pipe) of an outer surface of the pipe length
where the tooth is in contact with the outer surface (ex., the end portion of the pipe is in contact with the teeth),
wherein the tooth being in contact with each of the pipe length and the gasket at the second axial end upon assembly and tightening of the piping element and the fastener about the pipe length (see annotated fig. 3),
but does not disclose:
a plurality of teeth where each tooth comprises a tapered edge.
In regards to the plurality of teeth, Wolfram discloses a similar device comprising a plurality of slits (16, fig. 2; ex., see fig. 2 where there is an angle between the tooth and outer surface) such that:
“It Is noted that the slots 16 are of a width so that the inner end of the slot is substantially closed when the sleeve is contracted into gripping engagement with the tube. This will provide a substantially continuous gripping line contact between the sleeve and the tube all the way around the tube” (3:40-47).
It would have been obvious to one of ordinary skill in the art before the effective filling date to modify the grip band of Herold with a plurality of slots such that the slots close when the plurality of teeth are contracted to provide continuous gripping line contact between the sleeve and tube, as taught by Wolfram (3:40-47).
In regards to the shape of the edge, Martelli discloses a similar device (see fig. 4) comprising a tapered edge (10) that penetrates the pipe (ex., see fig. 3) where the inner surface of the edge is at an angle with respect to outer surface of tube (ex., see fig. 3), such that
“The material composing the fitting body 4 and the lip 9 is rigid but radially flexible around the rear end so that when a wedge 12 is pushed into the annular space 11, the front edge 10 flexes inwards and enters the external surface of the tube 2” (see page 5 of the translated document provided herein).
It would have been obvious to one of ordinary skill in the art before the effective filling date to modify the shape of the most distal end of the grip ring of Herold in view of Wolfram to be comprised of a tapered edge to meet the limitation of the claim because Martelli explicitly discloses it is known to have an end comprised of a tapered edge (see fig. 3) to allow the edge to flex inward and enter an external surface of the tube (see page 5 of translation) and it has been held that a change in shape has been found obvious absent persuasive evidence that the particular configuration of the claimed container was significant. See In re Dailey 357 F.2d 669, 672-73 (CCPA 1966) (referred to in MPEP 2144.04(IV)(B)).
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In regards to claim 37, Herold in view of Wolfram and Martelli further discloses:
The joint assembly of claim 26, wherein the grip band further defines an inner surface extending from the first axial end to the second axial end,
the inner surface defining a constant inner diameter in the uncompressed condition of the grip band (ex., see fig. 2 of Wolfram where there is an inner surface from each end; ex., see fig. 4 of Martelli where there is an inner surface from each distal end; ex., see fig. 1 of Wolfram where the inner surface is constant).
In regards to claim 27, Herold in view of Wolfram and Martelli further discloses:
The joint assembly of claim 37, wherein the body defines a constant inner diameter (see annotated fig. 2 above, where the body has a constant inner diameter),
the inner surface defining a cylindrical portion in each of an uncompressed condition and a compressed condition of the grip band (ex., see the compressed condition in annotated fig. 2 where the inner surface has a cylindrical portion).
In regards to claim 28, Herold further discloses:
The joint assembly of claim 27, wherein the piping element defines a first conical portion (18, fig. 1) proximate to a first end of the piping element.
In regards to claim 29, Herold in view of Wolfram and Martelli discloses:
The joint assembly of claim 28,
but does not disclose:
wherein the piping element further defines a second conical portion extending from the first conical portion and distal from the first end of the piping element,
a slope angle of the second conical portion being less than a slope angle of the first conical portion,
each of the slope angle of the first conical portion and the slope angle of the second conical portion measured with respect to an axis of the piping element.
In regards to the second conical portion, Herold discloses another embodiment (see fig. 5) where a second conical portion (41) can be directly connected to a first conical portion (39) such that shallow surfaces (ex., conical surface) are used to urge gripping ring when no gasket is present (2:47-54; ex., see 3:64-66, where the second conical surface is shallow).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the shape of the conical surface of Herold in view of Wolfram and Martelli to comprise of a first and second conical surface to meet the limitation of the claim because Herold teaches it is known to provide first and second conical portions abutting one another (see fig. 5), Herold discloses shallow surfaces (ex., conical surface) are used to urge gripping ring when no gasket is present (2:47-54; ex., see 3:64-66, where the second conical surface is shallow), and it has been held that a change in shape has been found obvious absent persuasive evidence that the particular configuration of the claimed container was significant. See In re Dailey 357 F.2d 669, 672-73 (CCPA 1966) (referred to in MPEP 2144.04(IV)(B)). In this case, a person of ordinary skill could have pursued the known potential solutions with a reasonable expectation of success and the results would have been predictable because modifying the shape of first conical surface to comprise a second conical surface (ex., Herold shows this configuration is known and achievable) would produce no new or unexpected results (ex., the result of providing the benefit of being able to urge a grip ring).
In addition, applicant's specification does not explain the criticality of having a dual conical surface which lacks a cylindrical step therebetween. Thus, one of ordinary skill in the art could have modified the shape of the conical surface to be a dual conical surface as claimed as desired for the intended use.
In regards to claim 32, Herold further discloses:
The joint assembly of claim 27, wherein the nut defines a shoulder (4, fig. 3) in an inner surface,
the shoulder sized to receive and position the grip band with respect to an axis of the nut (see fig. 3).
In regards to claim 34, Herold in view of Wolfram and Martelli further discloses:
The joint assembly of claim 27, wherein adjacent teeth of each of the plurality of teeth define a notch therebetween (ex., see fig. 2 of Wolfram).
In regards to claim 35, Herold further discloses:
The joint assembly of claim 27, wherein a minimum inner diameter of the piping element is less than an outer diameter of the pipe length (see fig. 3).
In regards to claim 36, Herold further discloses:
The joint assembly of claim 27, wherein an axis of the pipe length is aligned with an axis of the piping element when the joint assembly is tightened (see fig. 3).
Claim(s) 30-31 are rejected under 35 U.S.C. 103 as being unpatentable over Herold in view of Wolfram and Martelli as applied to claim 27 above and in further view of Larson.
In regards to claim 30, Herold in view of Wolfram and discloses:
The joint assembly of claim 27,
but does not disclose:
further comprising a washer positioned at least partially between the nut and the gasket.
In regards to the washer, Larson discloses a similar device (see fig. 13 hereinafter) comprising a gasket (34) comprising a washer (66) to further assist in driving the grip ring for even more pipe engagement and closure (8:34-44).
It would have been obvious to one of ordinary skill in the art before the effective filling date to modify the gasket of Herold in view of Wolfram and Martelli with the provision of a tapered washer to further assist in driving the grip ring for even more pipe engagement and closure, as disclosed by Larson (8:34-44).
In regards to claim 31, Herold in view of Wolfram, Martelli, and Larson further discloses:
The joint assembly of claim 30, wherein an inner surface of the washer defines a conical shape.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Trickle et al. (U.S. Patent No. 5,954,375) discloses a very similar grip ring to the present invention that has teeth axially extending (see figs 6-7; ex., “cylindrical” teeth portion).
Leadbetter et al. (U.S. Patent No. 3,312,483) discloses a similar device to the present invention where teeth that dig into a plastic pipe do not bulge the pipe (see fig. 1) compared to teeth that dig into a metal thin pipe (see fig. 6).
Marshall (U.S. Patent No. 3,429,596) discloses a similar device to the present invention.
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/A.T.R./Examiner, Art Unit 3679
/Matthew Troutman/Supervisory Patent Examiner, Art Unit 3679
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