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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 7 May 2026 has been entered.
Response to Amendment
New Claim objections have been provided in the present Office action
A new 35 USC 112(b) rejection has been provided in the present Office action.
The Applicant’s arguments with respect to the rejection of claims under 35 USC § 103 have been fully considered and are persuasive. However, after conducting an updated search, additional references were identified, which teach the amended portions of the claims. Therefore, the claims remain rejected as obvious in view of the prior art.
Status of the Claims
In the amendment dated 7 May 2026, the status of the claims is as follows: Claims 1, 6, 9, and 15 have been amended. Claims 2, 7, 10-11, and 16-17 have been cancelled. Claims 21-22 are new.
Claims 1, 3-6, 8-9, 12-15, and 18-22 are pending.
Claim Objections
Claims 1 and 15 are objected to because of the following informalities:
In claim 1, recommend amending line 10 of claim 1 to recite: “a first.”
In claim 15, recommend amending line 3 to recite: “socket end
Appropriate correction is required.
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, 3-6, 8, and 21-22 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.
Claims 1 and 6 recite: “wherein the [first] resistive element is a strip or sleeve, and wherein a diameter of the resistive sleeve element is matched to a diameter of the first pipe, the second pipe, and the coupler.” The antecedent for “the resistive sleeve element” is unclear. Specifically, is the “resistive sleeve element” referring to “first resistive element” of claim 1 / “resistive element” of claim 6 or does it instead refer to the “sleeve?” Furthermore, does the limitation that follows: “matched to a diameter of the first pipe, the second pipe, and the coupler” apply only if the “sleeve” is selected or does it also apply if the “strip” is selected? The Specification discloses that: “if made in the form of a sleeve, then the resistive element 802 would need to be selected such that the dimensions, i.e., inner diameter (ID), outer diameter (OD), and taper angle, properly match the dimensions of the ends of the first RTR pipe 806 and the second RTR pipe 808.” For the purpose of the examination, the limitation will be interpreted as: the “resistive element is a strip or sleeve, and wherein a diameter of the
Claims 3-5, 8, and 21-22 are rejected based on their dependency to claims 1 and 6.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1, 3-6, 8-9, 13-15, and 19-22 are rejected under 35 U.S.C. 103 as being unpatentable over Fahrer et al. (US-10760719-B2) in view of Batten et al. (US-20180297292-A1) and McMills et al. (US-5286952-A).
Regarding claim 1, Fahrer teaches a system (although the Applicant claims a “system,” which might be understood to be an apparatus claim, the examiner is interpreting the claimed “system” as a product claim instead because the structural elements of the claim are elements of a final product instead of structural elements that are used on a product or that are used to produce a product) for coupling pipes (fig. 4C; pipe ends 102A) comprising:
a first pipe (annotated in fig. 4C) having a tapered, spigot end (end 102A, fig. 4C);
a second pipe (annotated in fig. 4C) having a tapered, spigot end (end 102A, fig. 4C);
a coupler (coupler 122, fig. 4C) having two tapered socket ends (the ends of the coupler 122 are tapered, annotated in fig. 4C below) adapted to internally receive the respective tapered, spigot ends of the first pipe and the second pipe (as shown in fig. 4C),
wherein the first pipe, the second pipe, are made from a reinforced thermosetting resin (“RTR pipe,” column 11, line 54), and
a first resistive element (bottom-left resistance wire W, annotated in fig. 4C);
wherein the first resistive element is disposed between an interior of the coupler and at least one of: an exterior of the first pipe and an exterior of the second pipe (the resistance wire W is between the interior of the coupler 122 and the exterior of the ends 102A, fig. 4C).
Fahrer, fig. 4C (annotated)
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Fahrer does not explicitly disclose the coupler is made from a reinforced thermosetting resin; a first resistive element comprising: a first layer and a second layer of thermoplastic material; and an first electrically conducting resistive heating element with positive and negative terminals for connecting electrical power, wherein the first electrically conducting resistive heating element is sandwiched by the first layer and the second layer of thermoplastic material, wherein, upon application of electrical power to the positive and negative terminals of the first resistive element, the first electrically conducting resistive heating element generates heat sufficient to melt the thermoplastic material such that, when the heat is removed, the hardened thermoplastic material seals the first pipe and/or the second pipe to the coupler, wherein the first resistive element is a strip or sleeve, and wherein a diameter of the sleeve is matched to a diameter of the first pipe, the second pipe, and the coupler.
However, reasonably pertinent to the same problem of sealing pipe joints, Batten teaches a first resistive element (heating element 36, fig. 5a) comprising: a first layer (first layer 36a, fig. 4a) and a second layer (second layer 36c, fig. 4a) of thermoplastic material (“PEEK matrix material,” para 0332); and an first electrically conducting resistive heating element (composite layer 36b, fig. 4a; “plurality of electrically conductive carbon fibre reinforcing elements,” para 0332; connect with the conductors 52, fig. 5a; para 0337; “resistive heating,” para 0338), wherein the first electrically conducting resistive heating element is sandwiched by the first layer and the second layer of thermoplastic material (layer 36b is sandwiched between layers 36a and 36c, fig. 4a), wherein, upon application of electrical power to the positive and negative terminals of the first resistive element (“the electrical source 50 drives an electrical current through the carbon fibres of the composite tape 45 causing resistive heating,” para 0338), the first electrically conducting resistive heating element generates heat sufficient to melt the thermoplastic material (“the PEEK matrix material of the wedge 20 adjacent to the heating element 36 melts,” para 0338) such that, when the heat is removed, the hardened thermoplastic material seals the first pipe and/or the second pipe to the coupler (outer layer 18 of the pipe is sealed to wedge 20, which is construed as a coupler, fig. 5a; when the PEEK material “cools” and “fuses/bonds,” it is construed as hardening, para 0338), wherein the first resistive element is a strip (the heating element 36 of fig. 4b is construed as being a strip because it uses composite tape 45, fig. 4b, that “wraps” around the pipes, para 0333) or sleeve, and wherein a diameter of the sleeve is matched to a diameter of the first pipe, the second pipe, and the coupler (a sleeve is not explicitly disclosed).
Batten, figs. 4a and 5a-b
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Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to modify the invention of Fahrer, in view of the teachings of Batten, by using a heating element 36 in the form of a matrix tape, as taught by Batten, instead of the wire W and joining compound 150, as taught by Fahrer, in order to use a heating element that wraps around the pipes, forming a better fit that facilitates a better bond between the heating element and the pipes (Batten, para 0086).
Fahrer/Batten do not explicitly disclose the coupler is made from a reinforced thermosetting resin (RTR); an electrically conducting resistive heating element with positive and negative terminals.
However, reasonably pertinent to the same problem of sealing pipe joints, McMills teaches the coupler (conductive polymer element 31, fig. 1) is made from a reinforced thermosetting resin (RTR) (“partially cured thermosetting resin,” column 5, lines 19-20); an electrically conducting resistive heating element (electrodes 33 and 34 provide power to polymer member 31 which melts and fuses, fig. 2) with positive (lead 38, fig. 2) and negative terminals (lead 39, fig. 2; column 23, lines 43-49).
McMills, figs. 1-2
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Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to modify the invention of Fahrer/Batten, in view of the teachings of McMills by using a layer of thermosetting resin, as taught by McMills, under the coupler 122, as taught by Fahrer, and by using leads 38 and 39, as taught by McMills, to connect with the electrical conductors 52, as taught by McMills, in order to use a thermosetting resin material that is compatible with the thermoset pipes taught by Fahrer, for the advantage of ensuring that there is sufficient compatibility such that fusion can take place between the outer coupling and the pipes, and in order to use positive and negative leads that are connected to a power supply so that power can be provided to generate electrical heating (McMills, column 5, lines 8-24 and column 23, lines 37-58).
Regarding claim 3, the combination of Fahrer in view of Batten and McMills as set forth above regarding claim 1 teaches the invention of claim 3. Specifically, Fahrer teaches further comprising a plurality of resistive elements (two wires “W,” fig. 4C),wherein the plurality of resistive elements comprises the first resistive element (bottom left wire “W,” fig. 4C), wherein at least one of the plurality of resistive elements is disposed between the exterior of the first pipe and the interior of the coupler (the top right wire “W” is disposed between the end 102A of the construed “first pipe” and the coupler 122), wherein at least one other of the resistive elements is disposed between the exterior of the second pipe and the interior of the coupler (the bottom left wire “W” is disposed between the end 102A of the construed “second pipe” and the coupler 122). Additionally, Batten teaches the resistive elements (heating element 36, fig. 5a) each comprising a first layer (first layer 36a, fig. 4a) and a second layer (second layer 36c, fig. 4a) of thermoplastic material (“PEEK matrix material,” para 0332), and an electrically conducting resistive heating element sandwiched between the first layer and the second layer of thermoplastic material (composite layer 36b, fig. 4a; “plurality of electrically conductive carbon fibre reinforcing elements,” para 0332; connect with the conductors 52, fig. 5a; para 0337; “resistive heating,” para 0338) and the respective electrically conducting resistive heating elements generate heat sufficient to melt the thermoplastic material (para 0338) such that, when the heat is removed, the hardened thermoplastic material seals the first pipe and the second pipe to the coupler (para 0338). Moreover, McMills teaches the resistive elements having positive and negative terminals for connecting electrical power and wherein, upon application of electrical power to the respective positive and negative terminals (fig. 2 column 23, lines 43-49)).
Regarding claim 4, the combination of Fahrer in view of Batten and McMills as set forth above regarding claim 1 teaches most of the invention of claim 4. Specifically, Fahrer teaches wherein the first resistive element (wire W, fig. 4C; both wires are construed as the “first resistive element”) is disposed along the interior of the coupler (interior of coupler 122, fig. 4C), wherein, upon insertion of the first pipe into the coupler, the first resistive element is disposed between the exterior of the first pipe and the interior of the coupler, wherein, upon insertion of the second pipe into the coupler, the first resistive element is disposed between the exterior of the second pipe and the interior of the coupler (both wires W are disposed between the coupler 122 and pipe ends 102A, fig. 4C), wherein, upon application of electrical power to the positive and negative terminals of the first resistive element, the electrically conducting resistive heating element heats the coupler, the first pipe, and the second pipe (column 11, lines 13-15). Additionally, Batten teaches heating sufficiently to melt the thermoplastic material such that, when the heat is removed, the hardened thermoplastic material seals the first pipe and the second pipe to the coupler (para 0338).
Fahrer/Batten teach the invention as described above but do not explicitly disclose wherein the first resistive element is disposed along an entirety of the interior of the coupler (in fig. 4C of Fahrer, the wires W do not fully cover the interior of the coupler 122).
However, reasonably pertinent to the same problem of sealing pipe joints, Batten teaches wherein the first resistive element is disposed along an entirety of the interior of the coupler (in fig. 5a, the heating element 36 is disposed along the full interior of the wedge 20).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to modify the invention of Fahrer, in view of the teachings of Batten, by using a heating element 36 in the form of a matrix tape, as taught by Batten, that wrapped around the entirety of the surface between the ends 102A and the coupler 122, instead of the wire W and joining compound 150, as taught by Fahrer, in order to use a heating element that wraps fully around the pipes, forming a better, comprehensive fit that facilitates a better bond between the heating element and the pipes (Batten, para 0086).
Regarding claim 5, the combination of Fahrer in view of Batten and McMills as set forth above regarding claim 1 teaches the invention of claim 5. Specifically, Batten teaches wherein the first resistive element (heating element 36, fig. 5a) comprises a plurality of electrically conducting resistive heating elements (in the composite player 36b of fig. 4a; “plurality of electrically conductive carbon fibre reinforcing elements,” para 0332) each sandwiched between a first layer (first layer 36a, fig. 4a) and a second layer (second layer 36c, fig. 4a) of thermoplastic material (“PEEK matrix material,” para 0332), wherein the plurality of electrically conducting resistive heating elements comprises the first electrically conducting resistive heating element.
Regarding claim 6, Fahrer teaches a system (although the Applicant claims a “system,” which might be understood to be an apparatus claim, the examiner is interpreting the claimed “system” as a product claim instead because the structural elements of the claim are elements of a final product instead of structural elements that are used on a product or that are used to produce a product) for coupling pipes comprising:
a first pipe (annotated in fig. 4B) having a tapered, spigot end (end 102A, fig. 4B);
a second pipe (annotated in fig. 4B) having a tapered, socket end (end 102B, fig. 4B) adapted to internally receive the tapered, spigot end of the first pipe (as shown in fig. 4B);
wherein the first pipe and the second pipe are made from a reinforced thermosetting resin (RTR) (“RTR pipe,” column 11, line 54), and
wherein the resistive element is disposed between an exterior of the first pipe and an interior of the second pipe (the wire W is between the exterior of the construed first pipe and the interior of the construed second pipe, fig. 4B).
Fahrer, fig. 4B (annotated)
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Fahrer does not explicitly disclose a resistive element comprising: a first layer and a second layer of thermoplastic material; and a first electrically conducting resistive heating element with positive and negative terminals for connecting electrical power, wherein the first electrically conducting resistive heating element is sandwiched by the first layer and the second layer of thermoplastic material, wherein, upon application of electrical power to the positive and negative terminals of the resistive element, the first electrically conducting resistive heating element generates heat sufficient to melt the thermoplastic material such that, when the heat is removed, the hardened thermoplastic material seals the first pipe to the second pipe, wherein the resistive element is a strip or sleeve, and wherein a diameter of the sleeve is matched to a diameter of the first pipe and the second pipe.
However, reasonably pertinent to the same problem of sealing pipe joints, Batten teaches a resistive element (heating element 36, fig. 5a) comprising: a first layer (first layer 36a, fig. 4a) and a second layer (second layer 36c, fig. 4a) of thermoplastic material (“PEEK matrix material,” para 0332); and a first electrically conducting resistive heating element (composite layer 36b, fig. 4a; “plurality of electrically conductive carbon fibre reinforcing elements,” para 0332; connect with the conductors 52, fig. 5a; para 0337; “resistive heating,” para 0338), wherein the first electrically conducting resistive heating element is sandwiched by the first layer and the second layer of thermoplastic material (layer 36b is sandwiched between layers 36a and 36c, fig. 4a), wherein, upon application of electrical power to the positive and negative terminals of the first resistive element (“the electrical source 50 drives an electrical current through the carbon fibres of the composite tape 45 causing resistive heating,” para 0338), the first electrically conducting resistive heating element generates heat sufficient to melt the thermoplastic material (“the PEEK matrix material of the wedge 20 adjacent to the heating element 36 melts,” para 0338) such that, when the heat is removed, the hardened thermoplastic material seals the first pipe and the second pipe (outer layer 18 of the pipe is sealed to wedge 20, which is construed as the second pipe, fig. 5a; when the PEEK material “cools” and “fuses/bonds,” it is construed as hardening, para 0338), wherein the first resistive element is a strip (the heating element 36 of fig. 4b is construed as being a strip because it uses composite tape 45, fig. 4b, that “wraps” around the pipes, para 0333) or sleeve, and wherein a diameter of the sleeve is matched to a diameter of the first pipe, the second pipe, and the coupler (a sleeve is not explicitly disclosed).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to modify the invention of Fahrer, in view of the teachings of Batten, by using a heating element 36 in the form of a matrix tape, as taught by Batten, instead of the wire W and joining compound 150, as taught by Fahrer, in order to use a heating element that wraps around the pipes, forming a better fit that facilitates a better bond between the heating element and the pipes (Batten, para 0086).
Fahrer/Batten do not explicitly disclose an electrically conducting resistive heating element with positive and negative terminals.
However, reasonably pertinent to the same problem of sealing pipe joints, McMills teaches an electrically conducting resistive heating element (electrodes 33 and 34 provide power to polymer member 31 which melts and fuses, fig. 2) with positive (lead 38, fig. 2) and negative terminals (lead 39, fig. 2; column 23, lines 43-49).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to modify the invention of Fahrer/Batten, in view of the teachings of McMills by using a layer of thermosetting resin, as taught by McMills, under the coupler 122, as taught by Fahrer, and by using leads 38 and 39, as taught by McMills, to connect with the electrical conductors 52, as taught by McMills, in order to use a thermosetting resin material that is compatible with the thermoset pipes taught by Fahrer, for the advantage of ensuring that there is sufficient compatibility such that fusion can take place between the outer coupling and the pipes, and in order to use positive and negative leads that are connected to a power supply so that power can be provided to generate electrical heating (McMills, column 5, lines 8-24 and column 23, lines 37-58).
Regarding claim 8, the combination of Fahrer in view of Batten and McMills as set forth above regarding claim 6 teaches the invention of claim 8. Specifically, Batten teaches wherein the resistive element (heating element 36, fig. 5a) comprises a plurality of electrically conducting resistive heating elements (in the composite player 36b of fig. 4a; “plurality of electrically conductive carbon fibre reinforcing elements,” para 0332) each sandwiched between a first layer (first layer 36a, fig. 4a) and a second layer (second layer 36c, fig. 4a) of thermoplastic material (“PEEK matrix material,” para 0332), wherein the plurality of electrically conducting resistive heating elements comprises the first electrically conducting resistive heating element.
Regarding claim 9, Fahrer teaches a method (title) of coupling a first pipe (annotated in fig. 4C) and a second pipe (annotated in fig. 4C) to a coupler (coupler 122, fig. 4C), wherein the first pipe, the second pipe, are made from a reinforced thermosetting resin (RTR) (“RTR pipe,” column 11, line 54), wherein the first pipe and the second pipe respectively have a tapered, spigot end (ends 102A, fig. 4C), wherein the coupler has two tapered socket ends (the ends of the coupler 122 are tapered, annotated in fig. 4C) adapted to internally receive the tapered, spigot ends of the first pipe and the second pipe (as shown in fig. 4C), the method comprising:
disposing a resistive element (bottom-left resistance wire W, annotated in fig. 4C) between an exterior of the first pipe, an exterior of the second pipe, and an interior of the coupler (the resistance wire W is between the interior of the coupler 122 and the exterior of the ends 102A, fig. 4C);
inserting the first pipe and the second pipe into respective ends of the coupler (ends 102A are inserted into the coupler 122, fig. 4C).
Fahrer does not explicitly disclose the coupler is made from a reinforced thermosetting resin (RTR); wherein the resistive element comprises a first thermoplastic layer; a second thermoplastic layer, and an electrically conducting resistive heating element with positive and negative terminals for connecting electrical power, and wherein the electrically conducting resistive heating element is sandwiched by the first layer and the second layer of thermoplastic material; applying electrical power to the resistive element to cause the electrically conducting resistive heating element to generate heat sufficient to melt the thermoplastic material such that, when the heat is removed, the hardened thermoplastic material seals the first pipe and the second pipe to the coupler, wherein the resistive element is a strip, the method further comprising: wrapping the strip around the exterior of the respective ends of the first pipe and the second pipe prior to insertion into the coupler, or wherein the resistive element is a sleeve, the method further comprising: matching a diameter of the resistive sleeve element to a diameter of the first pipe, the second pipe, and the coupler.
However, reasonably pertinent to the same problem of sealing pipe joints, Batten teaches wherein the resistive element (heating element 36, fig. 5a) comprises a first thermoplastic layer (first layer 36a, fig. 4a; “PEEK matrix material,” para 0332); a second thermoplastic layer (second layer 36c, fig. 4a; “PEEK matrix material,” para 0332), and an electrically conducting resistive heating element (composite layer 36b, fig. 4a; “plurality of electrically conductive carbon fibre reinforcing elements,” para 0332; connect with the conductors 52, fig. 5a; para 0337; “resistive heating,” para 0338), and wherein the electrically conducting resistive heating element is sandwiched by the first layer and the second layer of thermoplastic material (layer 36b is sandwiched between layers 36a and 36c, fig. 4a); applying electrical power to the resistive element to cause the electrically conducting resistive heating element (“the electrical source 50 drives an electrical current through the carbon fibres of the composite tape 45 causing resistive heating,” para 0338) to generate heat sufficient to melt the thermoplastic material (“the PEEK matrix material of the wedge 20 adjacent to the heating element 36 melts,” para 0338) such that, when the heat is removed, the hardened thermoplastic material seals the first pipe and the second pipe to the coupler (outer layer 18 of the pipe is sealed to wedge 20, which is construed as a coupler, fig. 5a; when the PEEK material “cools” and “fuses/bonds,” it is construed as hardening, para 0338), wherein the resistive element is a strip (the heating element 36 of fig. 4b is construed as being a strip because it uses composite tape 45, fig. 4b, that “wraps” around the pipes, para 0333), the method further comprising: wrapping the strip (para 0333) around the exterior of the respective ends of the first pipe and the second pipe (outer layer 18, fig. 4a) prior to insertion into the coupler (heating element 36 is wrapped around the outer layer 18 in fig. 4a prior to the insertion into the wedge 20 during welding in fig. 5a), or wherein the resistive element is a sleeve (a sleeve is not explicitly disclosed), the method further comprising: matching a diameter of the resistive sleeve element to a diameter of the first pipe, the second pipe, and the coupler .
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to modify the invention of Fahrer, in view of the teachings of Batten, by using a heating element 36 in the form of a matrix tape, as taught by Batten, instead of the wire W and joining compound 150, as taught by Fahrer, in order to use a heating element that wraps around the pipes, forming a better fit that facilitates a better bond between the heating element and the pipes (Batten, para 0086).
Fahrer/Batten do not explicitly disclose the coupler is made from a reinforced thermosetting resin (RTR); an electrically conducting resistive heating element with positive and negative terminals.
However, reasonably pertinent to the same problem of sealing pipe joints, McMills teaches the coupler (conductive polymer element 31, fig. 1) is made from a reinforced thermosetting resin (RTR) (“partially cured thermosetting resin,” column 5, lines 19-20); an electrically conducting resistive heating element (electrodes 33 and 34 provide power to polymer member 31 which melts and fuses, fig. 2) with positive (lead 38, fig. 2) and negative terminals (lead 39, fig. 2; column 23, lines 43-49).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to modify the invention of Fahrer/Batten, in view of the teachings of McMills by using a layer of thermosetting resin, as taught by McMills, under the coupler 122, as taught by Fahrer, and by using leads 38 and 39, as taught by McMills, to connect with the electrical conductors 52, as taught by McMills, in order to use a thermosetting resin material that is compatible with the thermoset pipes taught by Fahrer, for the advantage of ensuring that there is sufficient compatibility such that fusion can take place between the outer coupling and the pipes, and in order to use positive and negative leads that are connected to a power supply so that power can be provided to generate electrical heating (McMills, column 5, lines 8-24 and column 23, lines 37-58).
Regarding claim 13, the combination of Fahrer in view of Batten and McMills as set forth above regarding claim 9 teaches the invention of claim 13. Specifically, Batten teaches further comprising: performing cool-down operations (“cool,” para 0338) during the applying of electrical power to the resistive element (element 36, fig. 5a; para 0338).
Regarding claim 14, Fahrer teaches the invention as described above but does not explicitly disclose further comprising: performing an electrical resistivity measurement using the resistive element.
However, reasonably pertinent to the same problem of sealing pipe joints, Batten teaches further comprising: performing an electrical resistivity measurement (“resistance temperature detector,” para 0124) using the resistive element (“heating element,” para 0124; construed such that “temperature” can be determined by measuring the current and resistance, para 0124).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to modify the invention of Fahrer, in view of the teachings of Batten, by using a resistance temperature detector, as taught by Batten, in the invention, as taught by Fahrer, in order to measure the temperature of the heating element, in order to ensure that a specific temperature is reached so that a better bond is provided (Batten, para 0110).
Regarding claim 15, Fahrer teaches a method (title) of coupling a first pipe (annotated in fig. 4B) and a second pipe (annotated in fig. 4B), wherein the first pipe and the second pipe are made from a reinforced thermosetting resin (RTR) (“RTR pipe,” column 11, line 54), wherein the first pipe has a tapered, spigot end (end 102A, fig. 4B), wherein the second pipe has a tapered socket ends (end 102B, fig. 4B) adapted to internally receive the tapered, spigot ends of the first pipe (as shown in fig. 4B), the method comprising:
disposing a resistive element between an exterior of the first pipe and an interior of the second pipe (the wire W is disposed between the exterior of the construed first pipe and the interior of the construed second pipe, fig. 4B),
inserting the first pipe into the second pipe (the first pipe is inserted into the second pipe, fig. 4B).
Fahrer does not explicitly disclose wherein the resistive element comprises a first thermoplastic layer; a second thermoplastic layer, and an electrically conducting resistive heating element with positive and negative terminals for connecting electrical power, and wherein the electrically conducting resistive heating element is sandwiched by the first layer and the second layer of thermoplastic material, applying electrical power to the resistive element to cause the electrically conducting resistive heating element to generate heat sufficient to melt the thermoplastic material such that, when the heat is removed, the hardened thermoplastic material seals the first pipe to the second pipe, wherein the resistive element is a strip, the method further comprising: wrapping the strip around the exterior of the respective ends of the first pipe and the second pipe prior to inserting the first pipe into the second pipe, or wherein the resistive element is a sleeve, the method further comprising: matching a diameter of the resistive sleeve element to a diameter of the first pipe and the second pipe.
However, reasonably pertinent to the same problem of sealing pipe joints, Batten teaches wherein the resistive element (heating element 36, fig. 5a) comprises a first thermoplastic layer (first layer 36a, fig. 4a; “PEEK matrix material,” para 0332); a second thermoplastic layer (second layer 36c, fig. 4a; “PEEK matrix material,” para 0332), and an electrically conducting resistive heating element (composite layer 36b, fig. 4a; “plurality of electrically conductive carbon fibre reinforcing elements,” para 0332; connect with the conductors 52, fig. 5a; para 0337; “resistive heating,” para 0338), and wherein the electrically conducting resistive heating element is sandwiched by the first layer and the second layer of thermoplastic material (layer 36b is sandwiched between layers 36a and 36c, fig. 4a); applying electrical power to the resistive element to cause the electrically conducting resistive heating element (“the electrical source 50 drives an electrical current through the carbon fibres of the composite tape 45 causing resistive heating,” para 0338) to generate heat sufficient to melt the thermoplastic material (“the PEEK matrix material of the wedge 20 adjacent to the heating element 36 melts,” para 0338) such that, when the heat is removed, the hardened thermoplastic material seals the first pipe to the second pipe (outer layer 18 of the pipe is sealed to wedge 20, which is construed as the “second pipe,” fig. 5a; when the PEEK material “cools” and “fuses/bonds,” it is construed as hardening, para 0338), wherein the resistive element is a strip (the heating element 36 of fig. 4b is construed as being a strip because it uses composite tape 45, fig. 4b, that “wraps” around the pipes, para 0333), the method further comprising: wrapping the strip (para 0333) around the exterior of the respective ends of the first pipe and the second pipe (outer layer 18, fig. 4a) prior to inserting the first pipe into the second pipe (heating element 36 is wrapped around the outer layer 18 in fig. 4a prior to the insertion into the wedge 20 during welding in fig. 5a), or wherein the resistive element is a sleeve (a sleeve is not explicitly disclosed), the method further comprising: matching a diameter of the resistive sleeve element to a diameter of the first pipe, the second pipe, and the coupler .
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to modify the invention of Fahrer, in view of the teachings of Batten, by using a heating element 36 in the form of a matrix tape, as taught by Batten, instead of the wire W and joining compound 150, as taught by Fahrer, in order to use a heating element that wraps around the pipes, forming a better fit that facilitates a better bond between the heating element and the pipes (Batten, para 0086).
Fahrer/Batten do not explicitly disclose the coupler is made from a reinforced thermosetting resin (RTR); an electrically conducting resistive heating element with positive and negative terminals.
However, reasonably pertinent to the same problem of sealing pipe joints, McMills teaches the coupler (conductive polymer element 31, fig. 1) is made from a reinforced thermosetting resin (RTR) (“partially cured thermosetting resin,” column 5, lines 19-20); an electrically conducting resistive heating element (electrodes 33 and 34 provide power to polymer member 31 which melts and fuses, fig. 2) with positive (lead 38, fig. 2) and negative terminals (lead 39, fig. 2; column 23, lines 43-49).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to modify the invention of Fahrer/Batten, in view of the teachings of McMills by using a layer of thermosetting resin, as taught by McMills, under the coupler 122, as taught by Fahrer, and by using leads 38 and 39, as taught by McMills, to connect with the electrical conductors 52, as taught by McMills, in order to use a thermosetting resin material that is compatible with the thermoset pipes taught by Fahrer, for the advantage of ensuring that there is sufficient compatibility such that fusion can take place between the outer coupling and the pipes, and in order to use positive and negative leads that are connected to a power supply so that power can be provided to generate electrical heating (McMills, column 5, lines 8-24 and column 23, lines 37-58).
Regarding claim 19, the combination of Fahrer in view of Batten and McMills as set forth above regarding claim 15 teaches the invention of claim 19. Specifically, Batten teaches further comprising: performing cool-down operations (“cool,” para 0338) during the applying of electrical power to the resistive element (element 36, fig. 5a; para 0338).
Regarding claim 20, Fahrer teaches the invention as described above but does not explicitly disclose further comprising: performing an electrical resistivity measurement using the resistive element.
However, reasonably pertinent to the same problem of sealing pipe joints, Batten teaches further comprising: performing an electrical resistivity measurement (“resistance temperature detector,” para 0124) using the resistive element (“heating element,” para 0124; construed such that “temperature” can be determined by measuring the current and resistance, para 0124).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to modify the invention of Fahrer, in view of the teachings of Batten, by using a resistance temperature detector, as taught by Batten, in the invention, as taught by Fahrer, in order to measure the temperature of the heating element, in order to ensure that a specific temperature is reached so that a better bond is provided (Batten, para 0110).
Regarding claim 21, Fahrer teaches wherein the reinforced thermosetting resin is rigid (“RTR pipe,” column 11, line 54; “fiberglass pipe.” Column 11, line 26; the final product of welding the fiberglass pipes together is construed as being the claimed “rigid”).
Regarding claim 22, the combination of Fahrer in view of Batten and McMills as set forth above regarding claim 1 teaches the invention of claim 22. Specifically, Fahrer teaches wherein the reinforced thermosetting resin is selected from the group consisting of GRP (Glass Reinforced Polyester), GRV (Glass Reinforced Vinylester), and GRE (Glass Reinforced Epoxy) (“glass-fiber-reinforced thermosetting resin pipe,” column 3, lines 37-38; “epoxy,” column 5, line 34; construed as being a GRE). Additionally, McMills teaches GRE (Glass Reinforced Epoxy) (“epoxy…glass fibers,” column 5, lines 13-14; construed as being a GRE).
Claims 12 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Fahrer et al. (US-10760719-B2) in view of Batten et al. (US-20180297292-A1) and McMills et al. (US-5286952-A) as applied to claims 9 and 15 above and further in view of Kimball et al. (US-20190128458-A1).
Regarding claim 12, Fahrer teaches the invention as described above but does not explicitly disclose further comprising: performing make-up operations during the applying of electrical power to the resistive element.
However, reasonably pertinent to the same problem of sealing pipe joints, Kimball teaches further comprising: performing make-up operations during the applying of electrical power to the resistive element (“embodiments of the present invention serve to provide axial load transfer from the connecting pipes to the coupler housing 106 via the wedges. In this way, an improved electrofusion technique is possible, providing the convenient assembly and integral seal qualities of electrofusion with the benefits of mechanical coupling for a robust structure,” para 0037; construed such that the wedges apply an axial force during electrofusion; the “make-up operations” are understood to mean applying an axial force in view of the Specification).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to modify the invention of Fahrer, in view of the teachings of Kimball, by using the nuts 104A and 104B, as taught by Kimball, to apply an axial force to the coupler 122, as taught by Fahrer, in order to provide a mechanical coupling force, which provides an improved electrofusion technique combining the integral seal qualities of electrofusion with the benefits of mechanical coupling for a robust structure (Kimball, para 0037).
Regarding claim 18, Fahrer teaches the invention as described above but does not explicitly disclose further comprising: performing make-up operations during the applying of electrical power to the resistive element.
However, reasonably pertinent to the same problem of sealing pipe joints, Kimball teaches further comprising: performing make-up operations during the applying of electrical power to the resistive element (“embodiments of the present invention serve to provide axial load transfer from the connecting pipes to the coupler housing 106 via the wedges. In this way, an improved electrofusion technique is possible, providing the convenient assembly and integral seal qualities of electrofusion with the benefits of mechanical coupling for a robust structure,” para 0037; construed such that the wedges apply an axial force during electrofusion; the “make-up operations” are understood to mean applying an axial force in view of the Specification).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to modify the invention of Fahrer, in view of the teachings of Kimball, by using the nuts 104A and 104B, as taught by Kimball, to apply an axial force to the coupler 122, as taught by Fahrer, in order to provide a mechanical coupling force, which provides an improved electrofusion technique combining the integral seal qualities of electrofusion with the benefits of mechanical coupling for a robust structure (Kimball, para 0037).
Response to Argument
Applicant's arguments filed 7 May 2026 have been fully considered but they are moot because the arguments do not apply to the new rejections of Fahrer combined with Batten and McMills.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Gould et al. (US-3061503-A) teach a sleeve.
Maier et al. (US-8455067-B2) teach a sleeve.
Pionetti et al. (US-8942552-B2) teach a sleeve.
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/ERWIN J WUNDERLICH/Examiner, Art Unit 3761 8/15/2026
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