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 .
Response to Amendment
The Applicant’s amendments have overcome the drawing objections. The drawing objections have been withdrawn.
Applicant’s amendments have overcome the 35 USC 112 rejections. The 35 USC 112 rejections have been withdrawn.
The Applicant’s arguments with respect to the rejection of claim 1 under 35 USC § 103 have been fully considered but are not persuasive. Therefore, the claims remain rejected as obvious in view of the prior art.
Status of the Claims
In the amendment dated 25 November 2025, the status of the claims is as follows: Claims 1, 6, 9, and 15 have been amended.
Claims 1-20 are pending.
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 1-9, 11-15, and 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over Duncan et al. (US-20130134700-A1) in view of Kimball et al. (US-20190128458-A1) and McMills et al. (US-5286952-A).
Regarding claim 1, Duncan 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 (“Connection for a thermoplastic pipe, assembly and method,” title) comprising:
a first pipe (pipe 8b, fig. 2) having a tapered, spigot end (“The pipe may have its outside diameter prepared, for example by machining, to closely match the inside diameter of the coupling,” para 0083; construed such that outside diameter of pipe 8b is tapered at the end that inserts into the outer coupling 30, fig. 2);
a second pipe (pipe 8a, fig. 2) having a tapered, spigot end (“The pipe may have its outside diameter prepared, for example by machining, to closely match the inside diameter of the coupling,” para 0083; construed such that outside diameter of pipe 8a is tapered at the end that inserts into the outer coupling 30, fig. 2);
a coupler (outer coupling 30, fig. 2) having two socket ends (ends 30a and 30b, fig. 1) adapted to internally receive the respective tapered, spigot ends of the first pipe and the second pipe (para 0022),
a first resistive element (liner 42 and conductor 34, fig. 1) comprising:
a first layer and a second layer of thermoplastic material (“layers” of the liner 42, para 0038; “thermoplastic material,” para 0035; “The resistive conductor may be … embedded in the liner material,” para 0039; as shown in fig. 1, the liner 42 is construed as having a layer both inside and outside the conductor 34 when it is embedded into the liner); and
a first electrically conducting resistive heating element (conductor 34, fig. 1) with terminals (terminals 38a’ and 38b’, fig. 1) for connecting electrical power (“electrical power source,” para 0006),
wherein the first electrically conducting resistive heating element is sandwiched (“The resistive conductor may be … embedded in the liner material,” para 0039) by the first layer and the second layer (“layers” of the liner 42, para 0038) of thermoplastic material (para 0035),
wherein the resistive element (liner 42 and conductor 34, fig. 1) is disposed between an interior of the coupler (reinforcement layer 45, fig. 2) and at least one of: an exterior of the first pipe and an exterior of the second pipe (exterior of pipes 8a and 8b, fig. 2), and,
wherein, upon application of electrical power to the positive and negative terminals of the first resistive element (“electrical current,” para 0006), 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 (para 0023).
Duncan, figs. 1 and 2
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Duncan does not explicitly disclose a coupler having two tapered socket ends; wherein the first pipe, the second pipe, and the coupler are 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, Kimball teaches a coupler (coupler 100, fig. 1) having two tapered socket ends (nuts 104A and 104B are tapered, fig. 1); wherein the first pipe (pipe 142, fig. 1), the second pipe (pipe 144, fig. 1) are made from a reinforced thermosetting resin (RTR) (“bonded continuous reinforced thermoset composite structural layer,” para 0030).
Kimball, fig. 1
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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 Duncan, in view of the teachings of Kimball, by using the nuts 104A and 1046 and wedges 102 and 122, as taught by Kimball, to tighten the edges of the outer coupling, as taught by Duncan, and by using pipes that included a bonded continuous reinforced thermoset composite structural layer, as taught by Kimball, instead of the thermoplastic pipes, as taught by Duncan, 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, and in order to use composite pipes that include thermoset materials, for the advantage of using a pipe joining system that does not leak gas or liquid but is intended to withstand burst pressure and other mechanical loads over a time period of multiple decades (Kimball, paras 0027 and 0037).
Duncan/Kimball 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).
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 Duncan/Kimball, in view of the teachings of McMills by using a layer of thermosetting resin, as taught by McMills, under the outer coupling 30, as taught by Duncan, and by using leads 38 and 39, as taught by McMills, for the terminals 38a’ and 38b’, as taught by Duncan, in order to use a thermosetting resin material that is compatible with the thermoset pipes taught by Kimball, 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 2, Duncan teaches wherein the first resistive element (liner 42 and conductor 34, fig. 1) is a sleeve (construed as a sleeve, figs. 1-2), and wherein a diameter of the resistive sleeve element is matched to a diameter of the first pipe, the second pipe, and the coupler (para 0083).
Regarding claim 3, the combination of Duncan in view of Kimball and McMills as set forth above regarding claim 1 teaches the invention of claim 3. Specifically, Duncan teaches further comprising a plurality of resistive elements (“copper wire 36 may be wrapped a large number of times about the coupling's inner diameter to form conductor 34,” para 0040; each wrapping within the liner 42 is construed as a resistive element) each comprising a first layer and a second layer of thermoplastic material (“the resistive conductor may be … embedded in the liner material,” para 0039; as shown in fig. 1, there is a layer of the liner 42 above and another layer of the liner below the resistive conductor 34), and an electrically conducting resistive heating element (conductor 34, fig. 1) sandwiched between the first layer and the second layer of thermoplastic material (“embedded,” para 0039), wherein the plurality of resistive elements (all of the windings of the conductor 34 within the liner 42, fig. 1) comprises the first resistive element (liner 42 and conductor 34, fig. 1),
wherein at least one of the plurality of resistive elements is disposed between an exterior of the first pipe (exterior of pipe 8a, fig. 2) and an interior of the coupler (reinforcement layer 45, fig. 2),
wherein the resistive element is disposed between an exterior of the second pipe (exterior of pipe 8b, fig. 2) and an interior of the coupler (reinforcement layer 45, fig. 2), and
wherein, upon application of electrical power to the respective positive and negative terminals of each of the plurality of resistive elements (“electrical current,” para 0006), the respective electrically conducting resistive heating elements 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 (para 0023).
Additionally, McMills teaches having positive and negative terminals for connecting electrical power (positive and negative leads, fig. 2).
Regarding claim 4, Duncan teaches wherein the first resistive element (liner 42 and conductor 34, fig. 1) is disposed along an entirety of the interior of the coupler (disposed along the entirety of the reinforcement layer 45, fig. 1),
wherein, upon insertion of the first pipe (pipe 8a, fig. 2) into the coupler (outer coupling 30, fig. 2), the first resistive element is disposed between the exterior of the first pipe (exterior of pipe 8a, fig. 2) and the interior of the coupler (reinforcement layer 45, fig. 2),
wherein, upon insertion of the second pipe (pipe 8b, fig. 2) into the coupler (outer coupling 30, fig. 2), the first resistive element is disposed between the exterior of the second pipe (exterior of pipe 8b, fig. 2) and the interior of the coupler (reinforcement layer 45, fig. 2),
wherein, upon application of electrical power to the positive and negative terminals of the first resistive element (“electrical current,” para 0006), the electrically conducting resistive heating element heats the coupler, the first pipe, and the second pipe, 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 0023).
Regarding claim 5, Duncan teaches wherein the first resistive element (liner 42 and conductor 34, fig. 1) comprises a plurality of electrically conducting resistive heating elements (“copper wire 36 may be wrapped a large number of times about the coupling's inner diameter to form conductor 34,” para 0040; each wrapping is construed as a resistive element) each sandwiched between a first layer and a second layer of thermoplastic material (“thermoplastic material,” para 0035; “The resistive conductor may be … embedded in the liner material,” para 0039), wherein the plurality of electrically conducting resistive heating elements (all of the windings of the conductor 34 within the liner 42, fig. 1) comprises the first electrically conducting resistive heating element (liner 42 and conductor 34, fig. 1).
Regarding claim 6, Duncan teaches a system (“Connection for a thermoplastic pipe, assembly and method,” title; 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 (pipes 208a and 208b, fig. 6b) comprising:
a first pipe (pipe 208b, fig. 6b) having a tapered, spigot end (“The pipe may have its outside diameter prepared, for example by machining, to closely match the inside diameter of the coupling,” para 0083; construed such that the pipe 208b can be tapered or machined to match the inside diameter of the coupling 230, fig. 6b);
a second pipe (pipe 208a, fig. 6b) having a tapered, socket end adapted to internally receive the tapered, spigot end of the first pipe (“a coupling 230 may be connected to or, as shown, formed integrally with a pipe 208 a and the connection may be completed by inserting an end of another pipe 208 b into the inner diameter ID′ of coupling 230,” para 0101; coupling 230 widens the end of pipe 208a, fig. 6b);
a resistive element (liner 210 and heating wire 234, fig. 6b) comprising:
a first layer and a second layer of thermoplastic material (“layers” of the liner, para 0038; “thermoplastic material,” para 0035; “inner liner 210 forming the inner diameter of the portion of the pipe forming coupling 230 can have a heating wire 234 embedded therein,” para 0101; as shown in fig. 6b, the liner 210 is construed as having a layer both inside and outside the wire 234 because it is embedded into the liner); and
a first electrically conducting resistive heating element (wire 234, fig. 6b) with (terminals 238, fig. 6b) for connecting electrical power (“electrical power source,” para 0006),
wherein the first electrically conducting resistive heating element (wire 234, fig. 6b) is sandwiched by the first layer and the second layer of thermoplastic material (“inner liner 210 forming the inner diameter of the portion of the pipe forming coupling 230 can have a heating wire 234 embedded therein,” para 0101; the inner liner 210 is construed as sandwiching the wire 234, fig. 6b),
wherein the resistive element (liner 210 and heating wire 234, fig. 6b) is disposed between an exterior of the first pipe (exterior of pipe 208b, fig. 6b) and an interior of the second pipe (interior of pipe 208a at the coupling 230, fig. 6b),
wherein, upon application of electrical power to the positive and negative terminals of the resistive element (“electrical current,” para 0006), the first electrically conducting resistive heating element generates heat sufficient to melt the thermoplastic material (“when wire 234 has communicated thereto an electrical current through contacts 238, the wire heats and melts the liner at the portion of the pipe forming coupling 230 and the pipe jacket exposed on the end of pipe 208 b,” para 0101) such that, when the heat is removed, the hardened thermoplastic material seals the first pipe to the second pipe (“Upon cooling, inserted pipe 208 b and pipe 208 a having the coupling formed thereon are fused,” para 0101).
Duncan, fig. 6b
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Duncan does not explicitly disclose wherein the first pipe and the second pipe are 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, Kimball teaches wherein the first pipe (pipe 142, fig. 1) and the second pipe (pipe 144, fig. 1) are made from a reinforced thermosetting resin (RTR) (“bonded continuous reinforced thermoset composite structural layer,” para 0030).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to modify the invention of Duncan, in view of the teachings of Kimball, by using pipes that included a bonded continuous reinforced thermoset composite structural layer, as taught by Kimball, instead of the thermoplastic pipes, as taught by Duncan, in order to use composite pipes that include thermoset materials, for the advantage of using a pipe joining system that does not leak gas or liquid but is intended to withstand burst pressure and other mechanical loads over a time period of multiple decades (Kimball, paras 0027 and 0037).
Duncan/Kimball 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).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to modify the invention of Duncan/Kimball, in view of the teachings of McMills, by using leads 38 and 39, as taught by McMills, for the terminals 38a’ and 38b’, as taught by Duncan, 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 23, lines 37-58).
Regarding claim 7, Duncan teaches wherein the resistive element (liner 210 and heating wire 234, fig. 6b) is a sleeve (construed as a sleeve, figs. 6a-b), and wherein a diameter of the resistive sleeve element is matched to a diameter of the first pipe and the second pipe (“the inner expanded diameter substantially matches the outer diameter of a pipe 208 b, para 0101), and the coupler (coupling 230, fig. 6b).
Regarding claim 8, Duncan teaches wherein the resistive element (liner 210 and heating wire 234, fig. 6b) comprises a plurality of electrically conducting resistive heating elements (“copper wire 36 may be wrapped a large number of times about the coupling's inner diameter to form conductor 34,” para 0040; each wrapping is construed as a resistive element) each sandwiched between a first layer and a second layer of thermoplastic material (“thermoplastic material,” para 0035; “inner liner 210 forming the inner diameter of the portion of the pipe forming coupling 230 can have a heating wire 234 embedded therein,” para 0101; as shown in fig. 6b, the liner 210 is construed as having a layer both inside and outside the wire 234 when it is embedded into the liner)
wherein the plurality of electrically conducting resistive heating elements (all of the windings of the conductor 234 within the liner 210, fig. 6b) comprises the first electrically conducting resistive heating element (liner 210 and heating wire 234, fig. 6b).
Regarding claim 9, Duncan teaches a method of coupling (“Connection for a thermoplastic pipe, assembly and method,” title) a first pipe (pipe 8b, fig. 2) and a second pipe (pipe 8a, fig. 2) to a coupler (outer coupling 30, fig. 2), wherein the first pipe and the second pipe respectively have a tapered, spigot end (“The pipe may have its outside diameter prepared, for example by machining, to closely match the inside diameter of the coupling,” para 0083; construed such that outside diameter of pipes 8a and 8b are tapered at the end that inserts into the outer coupling 30, fig. 2), wherein the coupler has two socket ends (ends 30a and 30b, fig. 1) adapted to internally receive the tapered, spigot ends of the first pipe and the second pipe (para 0022), the method comprising:
disposing a resistive element (liner 42 and conductor 34, fig. 1) between an exterior of the first pipe, an exterior of the second pipe (exterior of pipes 8a and 8b, fig. 2), and an interior of the coupler (reinforcement layer 45, fig. 2), wherein the resistive element comprises a first thermoplastic layer; a second thermoplastic layer (“layers” of the liner 42, para 0038; “thermoplastic material,” para 0035; “The resistive conductor may be … embedded in the liner material,” para 0039; as shown in fig. 1, the liner 42 is construed as having a layer both inside and outside the conductor 34 when it is embedded into the liner), and an electrically conducting resistive heating element (conductor 34, fig. 1) with terminals (terminals 38a’ and 38b’, fig. 1) for connecting electrical power (“electrical power source,” para 0006), and wherein the electrically conducting resistive heating element is sandwiched (“The resistive conductor may be … embedded in the liner material,” para 0039) by the first layer and the second layer (“layers” of the liner 42, para 0038) of thermoplastic material (para 0035);
inserting the first pipe and the second pipe into respective ends of the coupler (para 0022); and
applying electrical power to the resistive element (“electrical current,” para 0006) 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 (para 0023).
Duncan does not explicitly disclose wherein the first pipe, the second pipe, and the coupler are made from a reinforced thermosetting resin (RTR); wherein the coupler has a tapered socket ends; an electrically conducting resistive heating element with positive and negative terminals.
However, reasonably pertinent to the same problem of sealing pipe joints, Kimball teaches wherein the first pipe (pipe 142, fig. 1), the second pipe (pipe 144, fig. 1) are made from a reinforced thermosetting resin (RTR) (“bonded continuous reinforced thermoset composite structural layer,” para 0030); wherein the coupler (coupler 100, fig. 1) has a tapered socket ends (nuts 104A and 104B are tapered, fig. 1).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to modify the invention of Duncan, in view of the teachings of Kimball, by using pipes that included a bonded continuous reinforced thermoset composite structural layer, as taught by Kimball, instead of the thermoplastic pipes, as taught by Duncan, and by using the nuts 104A and 1046 and wedges 102 and 122, as taught by Kimball, to tighten the edges of the outer coupling, as taught by Duncan, in order to use composite pipes that include thermoset materials, for the advantage of using a pipe joining system that does not leak gas or liquid but is intended to withstand burst pressure and other mechanical loads over a time period of multiple decades and 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, paras 0027 and 0037).
Duncan/Kimball do not explicitly disclose wherein 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 wherein 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).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to modify the invention of Duncan/Kimball, in view of the teachings of McMills by using a layer of thermosetting resin, as taught by McMills, under the outer coupling 30, as taught by Duncan, and by using leads 38 and 39, as taught by McMills, for the terminals 38a’ and 38b’, as taught by Duncan, in order to use a thermosetting resin material that is compatible with the thermoset pipes taught by Kimball, 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 11, Duncan teaches wherein the resistive element (liner 42 and conductor 34, fig. 1) is a sleeve (construed as a sleeve, figs. 1-2), 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 (para 0083).
Regarding claim 12, Duncan 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 Duncan to include, further comprising: performing make-up operations during the applying of electrical power to the resistive element, in view of the teachings of Kimball, by using the wedges 102 and 122, as taught by Kimball, on the outer coupling, as taught by Duncan, 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 13, Duncan teaches further comprising: performing cool-down operations during the applying of electrical power to the resistive element (“allowing the materials to cool at which time the contacted materials become fused together,” para 0033).
Regarding claim 14, Duncan 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, Kimball teaches further comprising: performing an electrical resistivity measurement using the resistive element (“an electrical resistance measurement may be performed on the wire 118,” para 0037).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to modify the invention of Duncan to include, further comprising: performing an electrical resistivity measurement using the resistive element, in view of the teachings of Kimball, by measuring the electrical resistance measurement, as taught by Kimball, of the conductor 34, as taught by Duncan, in order to determine a safe time for affixing the nuts because it is desirable to allow the composite materials to cool before sufficiently applying the force from the nuts, and an electrical resistance measurement can be used to determine this cool-down condition (Kimball, para 0037).
Regarding claim 15, Duncan teaches a method (“Connection for a thermoplastic pipe, assembly and method,” title) of coupling a first pipe (pipe 208b, fig. 6b) and a second pipe (pipe 208a, fig. 6b), wherein the first pipe has a tapered, spigot end (“The pipe may have its outside diameter prepared, for example by machining, to closely match the inside diameter of the coupling,” para 0083; construed such that the pipe 208b can be tapered or machined to match the inside diameter of the coupling 230, fig. 6b), wherein the second pipe has a tapered socket ends adapted to internally receive the tapered, spigot ends of the first pipe (“a coupling 230 may be connected to or, as shown, formed integrally with a pipe 208 a and the connection may be completed by inserting an end of another pipe 208 b into the inner diameter ID′ of coupling 230,” para 0101; coupling 230 widens the end of pipe 208a, fig. 6b), the method comprising:
disposing a resistive element (liner 210 and heating wire 234, fig. 6b) between an exterior of the first pipe (exterior of pipe 208b, fig. 6b) and an interior of the second pipe (interior of pipe 208a at the coupling 230, fig. 6b), wherein the resistive element comprises a first thermoplastic layer; a second thermoplastic layer (“layers” of the liner, para 0038; “thermoplastic material,” para 0035; “inner liner 210 forming the inner diameter of the portion of the pipe forming coupling 230 can have a heating wire 234 embedded therein,” para 0101; as shown in fig. 6b, the liner 210 is construed as having a layer both inside and outside the wire 234 because it is embedded into the liner), and an electrically conducting resistive heating element (wire 234, fig. 6b) with terminals (terminals 238, fig. 6b) for connecting electrical power (“electrical power source,” para 0006), and wherein the electrically conducting resistive heating element (wire 234, fig. 6b) is sandwiched by the first layer and the second layer of thermoplastic material (“inner liner 210 forming the inner diameter of the portion of the pipe forming coupling 230 can have a heating wire 234 embedded therein,” para 0101; the inner liner 210 is construed as sandwiching the wire 234, fig. 6b),
inserting the first pipe into the second pipe (“inserting an end of another pipe 208 b into the inner diameter ID′ of coupling 230,” para 0101); and
applying electrical power to the resistive element to cause the electrically conducting resistive heating element (“electrical current,” para 0006) to generate heat sufficient to melt the thermoplastic material (“when wire 234 has communicated thereto an electrical current through contacts 238, the wire heats and melts the liner at the portion of the pipe forming coupling 230 and the pipe jacket exposed on the end of pipe 208 b,” para 0101) such that, when the heat is removed, the hardened thermoplastic material seals the first pipe to the second pipe (“Upon cooling, inserted pipe 208 b and pipe 208 a having the coupling formed thereon are fused,” para 0101).
Duncan does not explicitly disclose wherein the first pipe and the second pipe are 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, Kimball teaches wherein the first pipe (pipe 142, fig. 1) and the second pipe (pipe 144, fig. 1) are made from a reinforced thermosetting resin (RTR) (“bonded continuous reinforced thermoset composite structural layer,” para 0030).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to modify the invention of Duncan, in view of the teachings of Kimball, by using pipes that included a bonded continuous reinforced thermoset composite structural layer, as taught by Kimball, instead of the thermoplastic pipes, as taught by Duncan, in order to use composite pipes that include thermoset materials, for the advantage of using a pipe joining system that does not leak gas or liquid but is intended to withstand burst pressure and other mechanical loads over a time period of multiple decades (Kimball, paras 0027 and 0037).
Duncan/Kimball 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).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to modify the invention of Duncan/Kimball, in view of the teachings of McMills, by using leads 38 and 39, as taught by McMills, for the terminals 38a’ and 38b’, as taught by Duncan, 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 23, lines 37-58).
Regarding claim 17, Duncan teaches wherein the resistive element (liner 42 and conductor 34, fig. 1) is a sleeve (construed as a sleeve, figs. 1-2), the method further comprising: matching a diameter of the resistive sleeve element to a diameter of the first pipe and the second pipe (para 0083).
Regarding claim 18, Duncan 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 Duncan to include, further comprising: performing make-up operations during the applying of electrical power to the resistive element, in view of the teachings of Kimball, by using the wedges 102 and 122, as taught by Kimball, on the outer coupling, as taught by Duncan, 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 19, Duncan teaches further comprising: performing cool-down operations during the applying of electrical power to the resistive element (“allowing the materials to cool at which time the contacted materials become fused together,” para 0033).
Regarding claim 20, Duncan 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, Kimball teaches further comprising: performing an electrical resistivity measurement using the resistive element (“an electrical resistance measurement may be performed on the wire 118,” para 0037).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to modify the invention of Duncan to include, further comprising: performing an electrical resistivity measurement using the resistive element, in view of the teachings of Kimball, by measuring the electrical resistance measurement, as taught by Kimball, of the conductor 34, as taught by Duncan, in order to determine a safe time for affixing the nuts because it is desirable to allow the composite materials to cool before sufficiently applying the force from the nuts, and an electrical resistance measurement can be used to determine this cool-down condition (Kimball, para 0037).
Claims 10 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Duncan et al. (US-20130134700-A1) in view of Kimball et al. (US-20190128458-A1) and McMills et al. (US-5286952-A) as applied to claims 9 and 15 above and further in view of Campbell (US-6131954-A).
Regarding claim 10, Duncan teaches wherein the resistive element (liner 42 and conductor 34, fig. 1) is a strip (construed as a sleeve, figs. 1-2).
Duncan does not explicitly disclose 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.
However, reasonably pertinent to the same problem of sealing pipe joints, Campbell teaches further comprising: wrapping the strip (electrical resistance element 120, fig. 26) around the exterior of the respective ends of the first pipe and the second pipe (pipe end 96, fig. 26) prior to insertion into the coupler (“the element 120 should be affixed onto the appropriate mating surface prior to coupling the pipe ends,” column 19, lines 2-3; insertion is shown in fig. 27).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to modify the invention of Duncan to include, 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, in view of the teachings of Campbell, by placing the electrical resistance element over the end of a tube, as taught by Campbell, prior to insertion within the outer coupling 30, as taught by Duncan, in order to affix the electrical resistance element to the pipes shortly after the pipes are manufactured for the advantage of facilitating and expediting the electrofusion of the pipe coupling joint during installation (Campbell, column 18, line 63-column 19, line 3).
Regarding claim 16, Duncan teaches wherein the resistive element (liner 42 and conductor 34, fig. 1) is a strip (construed as a sleeve, figs. 1-2); inserting the first pipe (pipe 208b, fig. 6b) into the second pipe (pipe 208a, fig. 6b; “inserting,” para 0101).
Duncan does not explicitly disclose 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.
However, reasonably pertinent to the same problem of sealing pipe joints, Campbell teaches further comprising: wrapping the strip (electrical resistance element 120, fig. 26) around the exterior of the respective ends of the first pipe and the second pipe (pipe end 96, fig. 26) prior to inserting (“the element 120 should be affixed onto the appropriate mating surface prior to coupling the pipe ends,” column 19, lines 2-3; insertion is shown in fig. 27).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to modify the invention of Duncan to include, 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, in view of the teachings of Campbell, by placing the electrical resistance element over the end of a tube, as taught by Campbell, prior to insertion, as taught by Duncan, in order to affix the electrical resistance element to the pipes shortly after the pipes are manufactured for the advantage of facilitating and expediting the electrofusion of the pipe coupling joint during installation (Campbell, column 18, line 63-column 19, line 3).
Response to Argument
Applicant's arguments filed 25 November 2025 have been fully considered but they are not persuasive.
Rejection Under 35 USC § 103
Pages 13-15 of the arguments describe how Duncan (US20130134700A1) teaches using thermoplastic pipes and how the claim requires thermoset pipes. The examiner agrees that Duncan teaches thermoplastic pipes and does not teach thermoset pipes. The examiner relies on Kimball (US20190128458A1) for teaching thermoset pipes.
Pages 15-16 of the arguments state that one of ordinary skill in the art would understand that replacing thermoset pipes with thermoplastic pipes “would be much more difficult” and would result in “weak joints” because thermoset materials do not melt like thermoplastic materials do.
However, Applicant’s arguments are conclusory and no references are provided to support this assertion. An argument based on unexpected results “must be based on evidence, not argument or speculation” (MPEP 2145). The examiner also reviewed the specification to see if there was any disclosure that suggests that thermoset materials are more difficult to melt in comparison to thermoplastic materials, but the examiner could not find any mention of this difficulty in the specification.
The Applicant’s arguments are also not commensurate with the scope of the claim or with what is disclosed in the specification. Although the claim requires pipes and a coupler made out of thermoset material, the claim does not require melting these pipes or coupler. Instead, the claim requires “generating heat sufficient to melt the thermoplastic material.” The specification also discloses melting thermoplastic material. There is no mention in the specification of melting thermoset materials. Thus, presupposing that evidence could be found to show that melting thermoset materials is more difficult than melting thermoplastic materials, then respectfully submit that this finding would not be relevant. Melting thermoset materials is not required by the claim and is not disclosed within the specification.
The examiner agrees with description provided for Kimball (US20190128458A1) on pages 16-17 of the arguments. However, the examiner disagrees with the statement on page 17 that “Kimball does not disclose that such melting can seal the thermoplastic material with the reinforced thermoset composite structural layer together.” Instead, Kimball teaches that “an electrofusion machine can be connected to these electrodes to apply an electric current, causing the materials to bond together, forming a seal” (paragraph 0030). Kimball is focused on problem of “internal fluid leaking” and Kimball’s invention joins thermoset or thermoplastic pipes in order to prevent leaks (paragraphs 0003 and 0031).
Similar to the argument for Duncan, the Applicant’s arguments on pages 17-18 are not commensurate with the scope of the claims. These pages state that Kimball only melts thermoplastic materials and not thermoset materials. However, the claim requires melting thermoplastic materials and does not have a limitation for melting thermoset materials.
Pages 17-18 argue that because Kimball teaches a mechanical system that uses wedges to tighten the coupling by applying a mechanical force, then Kimball’s disclosure discourages or teaches away from the solution that is arrived at in the instant claims. However, similar to Kimball, the specification of the instant application discloses that “in one or more embodiments, by adding an external push/pull (i.e., axial force) during the make-up of the connection, close contact of the pipes with the tie layer is maintained and, therefore, a stronger joint is achieved.” A teaching away is when a reference “criticizes, discredits, or otherwise discourages the solution claimed” (MPEP 2145). If Kimball’s mechanical force is considered a “teaching away,” then it would appear that the Applicant’s own specification teaches away from the solution that is claimed. The examiner does not agree with the Applicant’s premise that because a reference discloses a mechanical force, then this disclosure represents a criticism, discrediting, or discouragement, i.e., a teaching away.
The examiner also does not agree with the Applicant’s description of McMills (US5286952A) on page 19. The Applicant describes McMills as joining a “thermoset material and a thermoplastic material.” However, McMills does not describe joining thermoplastic materials but instead describes joining thermoset materials. McMills is used to teach a coupler that is made out of thermoset materials. McMills teaches that when a coupler or an insert is made out of “partially cured thermosetting resin,” then this insert can be used to join two thermoset materials together (column 5, lines 18-22).
The examiner agrees with the Applicant’s argument on page 20 that Campbell (US6131954A) is used to teach thermoplastic materials and not thermoset materials. However, the rejections do not rely on Campbell for teaching thermoset materials.
For the above reasons, rejections to the pending claims are respectfully sustained by the examiner.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERWIN J WUNDERLICH whose telephone number is (571)272-6995. The examiner can normally be reached Mon-Fri 7:30-5:30.
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/ERWIN J WUNDERLICH/Examiner, Art Unit 3761 2/5/2026
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