DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1 and 4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kundracik et al. (U.S. PG Publication No. 2016/0256943 A1).
Claim 1: Figure 1 of Kundracik et al. show therein a portable pipe threader (10) comprising a housing (18) and a plurality of guide rails.
PNG
media_image1.png
653
902
media_image1.png
Greyscale
With regards to the plurality of guide rails, it includes upper rails (80) and lower rails. Please be advised that one of the upper rails (80) and one of the lower rails are pointed to above within annotated Figure 7 of Kundracik et al.
Next, it is noted that the lower rails of the plurality of guide rails are frame members of a tube frame (12) (please see annotated Figure 7) of the portable pipe threader (10). According to Kundracik et al., the housing (18) is supported by the tube frame (12) [paragraph 0068]. Noting this, as can be seen above in annotated Figure 7, the housing (18) is coupled to the lower rails of the tube frame (12). As such, the “plurality of rails [are] coupled to the housing.”
The portable pipe threader (10) further comprises a carriage (78) that is supported by the plurality of guide rails, specifically by the upper rails (80) of said plurality of guide rails [paragraph 0077]. The pipe threader (10) also includes at least one pipe threading tool coupled to the carriage (78) and selectively operable to perform work on a pipe [paragraph 0067, 0102].
The portable pipe threader (10) of Kundracik et al. further comprises a drive assembly (100, 104, 112, 113, 114) which is “at least partially positioned within the housing.” As can be seen in Figure 8, for example, at least a machine spindle (112), spindle bearings (113), and a spindle gear (114) of the drive assembly (100, 104, 112, 113, 114) are positioned/disposed within the housing (18). Among the other elements of the drive assembly (100, 104, 112, 113, 114) is a motor (100) which is an electric motor (see text of claims 1, 5, 6, 7, and 8 of Kundracik et al.). It is noted that the motor (100) (which again is electric) is operable to provide torque to the pipe that is held by, for example, holding provisions [paragraph 0013].
Next, please be advised that Figures 25 and 26 show a preferred sump assembly (620) [paragraph 0094]. In rejecting claim 1, please be advised that the sump assembly (620) of Figures 25 and 26 is the sump assembly that Examiner will be focusing on. Please note that Kundracik et al. discloses that the sump assembly (620) is sized to receive, for example, the motor (100) of the portable pipe threader (10) [paragraph 0094].
The portable pipe threader (10) of Figures 1, 25, and 26 of Kundracik et al. further comprises a lubrication system having a pump (108) and a sump assembly (620). It is noted that the sump assembly (620) of Figures 25 and 26 replaces, for example, the sump assembly (120) of Figure 1. As can be seen in Figures 25 and 26, walls (621) of the sump assembly (620) define a reservoir, which in the turn comprises an interior compartment (636) and two sumps (622, 624). Via the two sumps (622, 624) thereof [paragraph 0094], the reservoir holds (at least temporarily) a lubricant in the form of oil. Based on the foregoing, the lubrication system includes “a reservoir for holding a lubricant.”
Next, it is noted that in addition to holding the lubricant, the reservoir further holds the motor (100). This is because the interior compartment (636) of the reservoir of the sump assembly (620) is sized to receive “a motor such as the previously described motor 100 of the threading machine 10” [paragraph 0094].
Next, please be advised that Kundracik et al. discloses that the pump (108) is operably engaged with the motor (100) for circulating the lubricant (oil) [paragraph 0070]. It is noted that Figure 2 shows the pump (108) and motor (100) being operably engaged. Due to this operable engagement, the pump (108) is powered by the drive assembly. Furthermore, due to this operable engagement, the pump (108) is supported upon the reservoir via the motor (100). It is reiterated that the motor (100) is received within the compartment (636) of the reservoir (636) [paragraph 0094], and the pump (108) and the motor (100) are operably engaged with each other [paragraph 0070]. In use, the pump (108) draws the lubricant from the reservoir, e.g. from the main sump (622) of the two sumps (622, 624) of the reservoir.
Lastly, the lubrication system is removably coupled to the plurality of guide rails. First, please be advised that opposing walls (621) of the sump assembly (620) comprise one or mounting tabs (630) (see Figures 25 and 26). Per Kundracik et al., the one or more mounting tabs (630) are in the form of outwardly extending curved projections that engage portions of frame members [paragraph 0094]. It is reiterated that the lower rails of the plurality of guide rails are frame members of a tube frame (12) of the portable pipe threader (10), and it is further reiterated that the sump assembly (620) of Figures 25 and 26 replaces, for example, the sump assembly (120) of Figure 1. This is noted, because at least Figures 1, 3, and 7 show the replaced sump assembly 120 as engaging the lower rails. As such, via the one or mounting tabs (630) thereof, the sump assembly (620) and the plurality of guide rails (specifically the lower rails of the plurality of guide rails) are coupled to one another. Noting this, when the machine screws or other fasteners that are used to couple the one or more mounting tabs (630) [paragraph 0060] are removed from the tube frame (12), the sump assembly (620) is removable. Also, because the motor (100) is received within the interior compartment (636) of the sump assembly (620), and since the pump (108) and the motor (100) operably engaged, when the pump (108) is removed as a unit with the sump assembly (620) and the motor (100) that is received therein, the result is the lubrication system (both the pump (108) and sump assembly (620)) being removed from the plurality of guide rails. As such, in the portable pipe threader (10) of Kundracik et al., the “lubrication system is removably coupled to the plurality of guide rails.”
Claim 4: By only, for example, actuating/driving the electric motor (100) of the drive assembly (100, 104, 112, 113, 114) when the lubrication system is coupled to the plurality of guide rails, the result is the pump (108) only being powered by the drive assembly (100, 104, 112, 113, 114) when the lubrication system is coupled to the plurality of guide rails.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Kundracik et al. (U.S. PG Publication No. 2016/0256943 A1) in view of Culpepper et al. (U.S. Patent No. 4,109,831 A).
Claim 2: Kundracik et al. does not provide disclosure on “a battery pack configured to provide electrical power to the motor.” Please note that Kundracik et al. discloses that the motor (100) can be, for example, a series motor [paragraph 0103] which is a type of DC motor.
Figure 2 of Culpepper et al. though, shows a DC motor (27) that drives, for example, an input shaft of a gear pump (D) [column 4, lines 16-19]. Figure 2 further shows therein, a 12 volt DC battery (36) (which is a battery pack) for providing electrical power to the DC motor (27) [please see texts of claims 12-14]. Please be advised that the DC battery (36) is connected to a battery charger (38) for recharging the DC battery (36). When the DC battery (36) is charged, it is noted that the DC motor (27) of the portable apparatus (10) of Culpepper et al. is able to be actuated/driven, which results in the gear pump (D) being powered.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have supplied the portable pipe threader (10) of Kundracik et al. with each of the DC battery (36)/battery pack and the battery charger (38) of Culpepper et al., so as to provide the portable pipe threader (10) of Kundracik et al. with the advantage of being able to provide electrical power to the motor (100).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Kundracik et al. (U.S. PG Pub. No. 2016/0256943 A1) in view of Culpepper et al. (U.S. Patent No. 4,109,831 A) and further in view of Kundracik (U.S. PG Pub. No. 2019/0143430 A1) (hereinafter U.S. '430).
Please note that U.S. '430 was cited by Applicant on the IDS filed on 8/17/2022.
Claim 3: Kundracik et al. does not provide disclosure on the electric series motor (100) being, “a brushless direct current electric motor.”
Figures 2, 3, and 5 of U.S. '430 though, show a portable pipe threader (110) comprising a brushless direct current (DC) motor (28) that provides powered rotation to a rotor pinion (47) [paragraphs 0053, 0066].
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have substituted the brushless direct current (DC) motor (28) of U.S. '430 for the electric series motor (100) of Kundracik et al., as this is a substitution of one known electric motor for another, in order to obtain the predictable result of the brushless direct current (DC) motor (28) of U.S. '430, when actuated, providing torque to the pipe of Kundracik et al.
Claims 5, 21, 23, 24, 25, and 28-30 are rejected under 35 U.S.C. 103 as being unpatentable over Kundracik et al. (U.S. PG Pub. No. 2016/0256943 A1) in view of Gang (U.S. PG Pub. No. 2011/0217196 A1).
Please be advised that Gang was cited by Applicant on IDS filed on 8/17/2022.
Claim 5: With regards to the pump (108) of Kundracik et al., it is operably engaged with the motor (100) for circulating the lubricant (oil) [paragraph 0070]. As such, the pump (108) via the motor (100) and the intervening gear box/assembly (104) (see Figure 8) is configured to receive torque from the drive assembly (100, 104, 112, 113, 114). Kundracik et al. though, does not provide discussion on the structure of the pump (108). As such, Kundracik et al. does not teach, the pump (108) further comprising “a pump drive shaft” and “a positioning spring surrounding the pump drive shaft for guiding the alignment of the pump drive shaft with the drive assembly when the lubrication system is mounted onto the plurality of guide rails.”
Gang; however, shows in Figures 1-3 a pump core assembly comprising a pump drive shaft (108) that is configured to receive torque from a drive assembly. This is known since the pump drive shaft (108) is a shaft that is brought into rotation [paragraph 0062]. Furthermore, Figure 1 shows a positioning spring (111) surrounding the pump drive shaft (108). It is noted that this positioning spring (111) provides for stability of an end of the pump drive shaft (108) projecting from a corresponding housing body (102), noting that the pump drive shaft (108) is a flexible shaft [paragraph 0019]. By maintaining stability of the pump drive shaft (108), the positioning spring (111) provides for guided alignment of said pump drive shaft (108). This is because the positioning spring (111) precludes the aforesaid end of the pump drive shaft (108) from moving beyond the confines of the positioning spring (111). Thus, if the spring (111) is moved for a connection of the pump drive shaft (108), for example, the pump drive shaft (108) moves with (and is guided by) the movement of the spring (111). Please note that the positioning spring (111) is connected at one end thereof to the housing body (102), and the positioning spring (111) is tensioned and is kept in place surrounding the pump drive shaft (108) by means of the housing body (102) and by means of a bearing (112) and an adjusting nut (113). Please further note that a seal ring (109) is provided between the pump drive shaft (108) and the housing body (102).
Therefore, it would be obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the pump (108) Kundracik et al. to comprise each of the pump drive shaft (108), housing body (102), positioning spring (111), bearing (112), seal ring (109), and adjusting nut (113) of Gang, and to have connected the pump drive shaft (108) of Gang with the drive assembly (100, 104, 112, 113, 114) of Kundracik et al., such that the modified pump (108) of Kundracik et al. receives power from the drive assembly (100, 104, 112, 113, 114) through rotation of the pump drive shaft (108). In making this modification, the positioning spring (111) surrounds the pump drive shaft (108) (as per the disclosure of Gang), which results in the pump drive shaft (108) moving with and being guided by the positioning spring (111) when said pump drive shaft (108) is operatively connected with the drive assembly (100, 104, 112, 113, 114) of Kundracik et al. When the pump drive shaft (108) is operatively connected with the drive assembly (100, 104, 112, 113, 114), said pump drive shaft (108) is configured to receive torque from the drive assembly (100, 104, 112, 113, 114).
Thus, when the lubrication system is mounted onto the plurality of guide rails, by moving the positioning spring (111), alignment of the pump drive shaft (108) with the drive assembly (100, 104, 112, 113, 114) is guided by movement of the positioning spring (111). This is again because the pump drive shaft (108) is disposed within the confines of the positioning spring (111) and moves with and is guided by movement of the spring (111). Thus, the positioning spring (111) surrounding the pump drive shaft (108) is “for guiding the alignment of the pump drive shaft with the drive assembly when the lubrication system is mounted onto the plurality of guide rails.”
Claim 21: The drive assembly (100, 104, 112, 113, 114) of Kundracik et al. comprises a gear box/assembly (104). Next, as can be seen in Figure 8 of Kundracik et al., the gear box/ assembly (104) interfaces with the pump (108). Noting this, in the modified pump (108), the pump drive shaft (108) is aligned with a gearbox output of the gear box/assembly (104) such that the pump drive shaft (108) is able to receive torque. Since the pump drive shaft (108) moves with and is guided by movement of the positioning spring (111), the gearbox output is configured to be aligned with the pump drive shaft (108) by the positioning spring (111) for driving the pump (108).
Claim 23: Since the positioning spring (111) doesn’t, for example, affect rotation of the pump drive shaft (108), the positioning spring (111) “allows the pump to rotate in any direction.”
Claim 24: As was stated above in the rejection of claim 5, the modified the pump (108) of Kundracik et al. comprises each of the pump drive shaft (108), housing body (102), positioning spring (111), bearing (112), seal ring (109), and adjusting nut (113) of Gang. Noting this, as can be seen within at least Figure 1 of Gang, the pump drive shaft (108) extends through the housing body (102), which is “a pump housing.” Thus, the modified pump (108) further comprises “a pump housing through which the pump drive shaft extends.”
Claim 25: As was stated above in the rejection of claim 5, the modified the pump (108) of Kundracik et al. comprises each of the pump drive shaft (108), housing body (102), positioning spring (111), bearing (112), seal ring (109), and adjusting nut (113) of Gang. Noting this, as can be seen within at least Figure 1 of Gang, the seal ring (109) is positioned between the pump drive shaft (108) and the housing body/pump housing (102).
Claim 28: The pump (108) inherently comprises a pump intake, because without a pump intake, the pump (108) would be unable to transport lubricant (oil) from the main sump (622).
The pump (108) further inherently comprises a pump outlet configured to fluidly couple an oiling system (which comprises the main sump (622) and a chip tray (627), see Figures 25-26 of Kundracik et al.) with the portable pipe threader (10). Please be advised that it is inherent that the pump (108) further comprises a pump outlet, because without provision of the pump outlet, the pump (108) would be unable to circulate lubricant (oil) through a die head and lubricate one or more chasers as a thread is formed as is disclosed [paragraph 0070].
Claim 29: As was stated above within the rejection of claim 28, the oiling system (622, 627) comprises the main sump (622) and the chip tray (627) (see Figures 25-26 of Kundracik et al.). Since the sump assembly (620) (see Figures 25-27) (of which the oiling system (622, 627) is a subassembly) can be, for example, manually lifted, mounted, and removably coupled/fastened to the tube frame (12) of the portable pipe threader (10), the oiling system (622, 627) constitutes a “hand-held oiling system” (as broadly claimed). This is because during this manually lifting, mounting, and removably coupling/fastening, the sump assembly (620) and the oiling system (622, 627) thereof will have been hand-held by an operator.
Claim 30: As was stated above within the rejection of claim 28, the oiling system (622, 627) comprises the main sump (622) and the chip tray (627) (see Figures 25-26 of Kundracik et al.). Next, noting that the oiling system (622, 627) is a subassembly of the sump assembly (620), when the sump assembly (620) is removably coupled/fastened to the lower rails of the tube frame (12), the sump assembly (620) and the oiling system (622, 627) thereof are disposed onboard the portable pipe threader (10). Thus, in this way, the oiling system (622, 627) is an “onboard oiling system.”
Claim 27 is rejected under 35 U.S.C. 103 as being unpatentable over Kundracik et al. (U.S. PG Pub. No. 2016/0256943 A1) in view of Gang (U.S. PG Pub. No. 2011/0217196 A1), and further in view of Gray et al. (U.S. Patent No. 5,700,140 A).
Please be advised that Gray was previously cited on the PTOI-892 that mailed on 12/3/2024.
Claim 27: As was stated above within the rejection of claim 5, the modified the pump (108) of Kundracik et al. comprises each of the pump drive shaft (108), housing body (102), positioning spring (111), bearing (112), seal ring (109), and adjusting nut (113) of Gang.
Kundracik et al./Gang though, does not teach the modified pump (108) as further comprising, “a plurality of bearings for supporting the pump drive shaft; and a plurality of bearing cups configured to house each of the plurality of bearings.” It is reiterated though that the pump drive shaft (108) is operatively connected with the drive assembly (100, 104, 112, 113, 114), and it is further reiterated that said pump drive shaft (108) is rotatable since it (108) is configured to receive torque from the drive assembly (100, 104, 112, 113, 114).
Gray et al. though, teaches a pump (10), which as can be seen in Figure 1, comprises a pump drive shaft (14), a plurality of bearings (40, 40') and a plurality of bearing cups (12, 12'). With regards to the plurality of bearings (40, 40'), they (40, 40') provide for supporting the pump drive shaft (14). With regards to the plurality of bearing cups (12, 12'), they (12, 12') house each one of the plurality of bearings (40, 40') (see Figure 1 of Gray). Please be advised that each cup (12, 12') has a respective cap (62, 62') that when removed provides access to a corresponding bearing (40, 40') of the plurality of bearings (40, 40').
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have provided the modified pump (108) of Kundracik et al./Gang with the plurality of bearings (40, 40') and the plurality of bearing cups (12, 12') of Gray et al., in order to enhance stability of the pump drive shaft (108) for when the pump drive shaft (108) receives torque from the drive assembly (100, 104, 112, 113, 114) by supporting the pump drive shaft (108) of Kundracik et al./Gang with the plurality of bearings (40, 40') of Gray et al. In making this modification, please be advised that the plurality of bearings (40, 40') support the pump drive shaft (108), whilst the plurality of bearings (40, 40') are housed within the plurality of bearing cups (12, 12') (as per the disclosure of Gray et al.).
Response to Arguments
Applicant’s arguments with respect to claim 1 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Please be advised that Examiner utilized U.S. '430 (Kundracik - U.S. PG Publication No. 2019/0143430 A1) as a modifying reference for rejecting claim 3 in both the Non-Final Rejection mailed on 8/7/2025 and in this office action. Noting this, the Applicant did not submit any specific arguments to U.S. '430 for Examiner to respond to.
Allowable Subject Matter
Claims 22 and 26 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 Michael Vitale whose telephone number is (571)270-5098. The examiner can normally be reached Monday - Friday 8:30 AM- 6:00 PM.
Examiner interviews are available via telephone and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sunil K Singh can be reached at (571) 272-4502. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MICHAEL VITALE/Examiner, Art Unit 3722
/SUNIL K SINGH/Supervisory Patent Examiner, Art Unit 3722