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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 05/20/2026 has been entered.
Response to Amendment
The amendment filed on 05/20/2026 has been entered. Claim(s) 1-10 remain pending and have been examined below.
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.
Claims 1-8 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Sidelar (US PGPUB No. 2012/0192393) in view of McElroy (US Patent No. 3,729,360), hereinafter referred to as Sidelar and McElroy.
Regarding claim 1 (Currently Amended), Sidelar (US PGPUB No. 2012/0192393) teaches a combined hydraulic cylinder and guide rod apparatus for varying spacing between ends of polymer pipe during fusion [Sidelar, fig 1, 12], said apparatus comprising:
a cylindrical guide rod [Sidelar, fig 2, 40] having an inner surface diameter, an outer surface diameter, a length, a first end, and a second end [Sidelar, fig 7, 40 has outer diameter, length, and two ends and an inner diameter that is a point because 40 is a solid, however the claimed invention does not limit the size of the inner surface diameter of the guide rod and thus a inner surface diameter of a point is within the broadest reasonable interpretation];
said guide rod further including an integrated guide rod piston [Sidelar, figs 7-8, 30 works with 40 and thus 30 is integrated with 40]
a cylindrical cylinder tube having an inner surface diameter, an outer surface diameter, a length, a first end, and a second end [Sidelar, fig 2, 20 which has an inner diameter, outer diameter, a length and two ends];
said inner surface diameter of said cylinder tube being greater than said outer surface diameter of said guide rod [Sidelar, fig 7, inner diameter of 20 is larger than the outer diameter of 40];
the length of said guide rod being greater than the length of said cylinder tube [Sidelar, fig 2, 40 is longer than 20];
said guide rod inserted through said cylinder tube such that said guide rod is adapted for reciprocal travel on said cylinder tube [Sidelar, figs 7-8, showing 40 is inserted through 20 and fig 9 showing that 40 is capable of being slid through 20];
said cylinder tube including at least two sealed hydraulic fluid chambers adapted for the flow of hydraulic fluid [Sidelar, page 4, pp 0035, teaching that 20 may have a plurality of fluid chambers];
said guide rod and cylinder tube forming a cylinder assembly [Sidelar, figs 7-8, 20 and 40 form a cylinder assembly];
a fixed jaw adapted for tool free engagement with said first end of said guide rod [Sidelar, fig 2, 22 and page 3, pp 0031];
a first moveable jaw adapted for tool free engagement with said first end of said cylinder tube [Sidelar, fig 2, 24 and page 3, pp 0031].
said guide rod [Sidelar, fig 7, 40], supporting said cylinder tube, fixed jaw, and first moveable jaw together forming a modular carriage assembly [Sidelar, fig 7, supports 20, 22 and 24, and page 3, pp 0031, teaching that is assembly is modular and assembled on-site] adapted to be supported directly from the ends of existing polymer pipes that are already in place in rafters or running up a wall of a structure [Sidelar, fig 1, 12 and page 3, pp 0031, showing that 12 is capable of being used is smaller spaces and in a variety of locations].
Sidelar does not explicitly disclose said cylinder tube including at least two sealed hydraulic fluid chambers adapted for the flow of hydraulic fluid, each between at least a portion of said guide rod outer surface and a portion of said cylinder tube inner surface (emphasis added); a second moveable jaw adapted for tool free engagement with said second end of said cylinder tub; and said guide rod, supporting said cylinder tube, fixed jaw, first moveable jaw, and second moveable jaw together forming a modular carriage assembly (emphasis added).
McElroy (US Patent No. 3,729,360) teaches a combined hydraulic cylinder and guide rod apparatus for varying spacing between ends of polymer pipe during fusion, said apparatus comprising:
a cylindrical guide rod [McElroy, fig 2, 52];
said guide rod further including an integrated guide rod piston [McElroy, fig 2, 90 is integrated with 52];
a cylindrical cylinder tube [McElroy, fig 2, 54] having an inner surface diameter, an outer surface diameter, a length, a first end, and a second end [McElroy, fig 2, 54 has an inner diameter, outer diameter, a length and two ends];
said inner surface diameter of said cylinder tube being greater than said outer surface diameter of said guide rod [McElroy, fig 2, 2, the inner diameter of 54 is greater than the outer diameter of 52];
the length of said guide rod being greater than the length of said cylinder tube [McElroy, fig 2, length of 52 is longer than the length of 54];
said guide rod inserted through said cylinder tube [McElroy, fig 2, 52 is inserted within 54] such that said guide rod is adapted for reciprocal travel on said cylinder tube [McElroy, col 1, lines 44-48 and is capable of moving back and forth];
said cylinder tube including at least two sealed hydraulic fluid chambers adapted for the flow of hydraulic fluid [McElroy, fig 2, 54 had 92 and 94], each between at least a portion of said guide rod outer surface and a portion of said cylinder tube inner surface [McElroy, fig 2, 92 and 94 surround the outer diameter of 52];
said guide rod and cylinder tube forming a cylinder assembly [McElroy, fig 2, 52 and 54 form an assembly];
a fixed jaw adapted for engagement with said first end of said guide rod [McElroy, fig 2, 44 is connected to the left end of 52];
a first moveable jaw adapted for engagement with said first end of said cylinder tube [McElroy, fig 2, 48 is engaged with the left end of 52];
a second moveable jaw adapted for engagement with said second end of said cylinder tube [McElroy, fig 2, 50 is engaged with the right end of 52];
said guide rod [McElroy, fig 2, 52], supporting said cylinder tube [McElroy, fig 2, 54], fixed jaw [McElroy, fig 2, 44], first moveable jaw [McElroy, fig 2, 48], and second moveable jaw [McElroy, fig 2, 50] together [McElroy, fig 2, 52, 54, 44, 48, and 50 all move together where 52 provides at least some support to 54, 44, 48 and 50 by being connected].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used the cylinder tube comprising two chambers of McElroy as the hydraulic cylinder tube to Sidelar because per MPEP 2143(I)(A) the combination of old elements is held to be obvious over the prior art. Where in the instant case, to include the cylinder tube having two chambers as taught by McElroy in the system of Sidelar, which expressly allows for variants of hydraulic cylinder tubes as noted above, each individual element and its function are shown in the prior art, albeit shown in separate references. The only difference between the claimed invention and the prior art is the lack of actual combination of the elements in a single prior art reference. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have combined the hydraulic cylinder tube having two chambers as taught by McElroy in the system of Sidelar because the claimed invention is merely a combination of old elements, the elements being the hydraulic tube having a plurality of chambers. In the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination gave the predictable result of the hydraulic tube of Sidelar would function with multiple chambers as shown by McElroy.
Further, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have added a second movable jaw, of the same construction as the first movable jaw of Sidelar, on the opposite end of the hydraulic cylinder of the first movable jaw of Sidelar in the configuration as taught by McElroy because having the second movable jaw helps to ensure axial alignment of the pipe(s) [McElroy, col 1, lines 34-57, summarized].
Regarding claims 2 (Currently Amended), 3 (Currently Amended), 4 (Currently Amended), 5 (Currently Amended), and 6 (Currently amended), Sidelar as modified further discloses the combined hydraulic fluid cylinder and guide rod apparatus of claim 1 comprising: said at least two hydraulic fluid chambers being divided by said guide rod piston [McElroy, fig 2, 92 and 94 are divided by 90]; the flow of hydraulic fluid capable of being diverted between said at least two hydraulic fluid chambers to actuate said guide rod piston for the reciprocal travel of said cylinder tube along the length of said guide rod [McElroy, col 2, line 52 – col 3, line 2 and col 3, lines 61-64] (claim 2);
wherein said guide rod [McElroy, fig 2, 52] includes; a first cylindrical rod [McElroy, see annotated fig 2, item X]; a second cylindrical rod [McElroy, see annotated fig 2, item Y]; said guide rod piston [McElroy, fig 2, 90] positioned between said first cylindrical rod and said second cylindrical rod [McElroy, see annotated fig 2, 90 is between X and Y] (claim 3);
wherein said guide rod piston divides said first cylindrical rod and said second cylindrical rod [McElroy, see annotated fig 2, 90 divides X and Y] (claim 4);
wherein the first hydraulic fluid chamber is substantially located between said first cylindrical rod and said cylinder tube [McElroy, see annotated fig 2, 92 is between X and 54]; and the second hydraulic fluid chamber is substantially located between said second cylindrical rod and said cylinder tube [McElroy, see annotated fig 2, 94 is between Y and 54] (claim 5); and
wherein said guide rod piston [McElroy, fig 2, 90] is in hydraulic communication with said first hydraulic chamber and said second hydraulic chamber [McElroy, fig 2, 90 is in fluid communication with 92 and 94, respectively] (claim 6).
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Regarding claim 7 (Currently Amended), Sidelar as modified further discloses the combined hydraulic cylinder and guide rod apparatus of claim 1 wherein said guide rod includes a longitudinal axis and said cylindrical cylinder tube includes a longitudinal axis which is concentric with the longitudinal axis of said guide rod [Sidelar, fig 7, showing the axes of 40 and 20, respectively are concentric].
Regarding claim 8 (Currently Amended), Sidelar as modified further discloses the combined hydraulic cylinder and guide rod apparatus of claim 1 wherein said carriage includes a second cylinder assembly [Sidelar, fig 1, showing at least two (20) assemblies].
Regarding claim 10 (Currently Amended), Sidelar as modified further discloses the combined hydraulic cylinder and guide rod apparatus of claim 1 including a guide adapted for tool free engagement with said second end of said guide rod [Sidelar, fig 9, 46 is knurled so that the user can remove 46 from 45 and disassemble without use of tools].
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Sidelar (US PGPUB No. 2012/0192393) in view of McElroy (US Patent No. 3,729,360) as applied to claim 1, and in further view of Cotter (US Patent No. 5,725,195), hereinafter referred to as Sidelar, McElroy and Cotter, respectively.
Regarding claim 9 (Currently Amended), Sidelar as modified discloses the combined hydraulic cylinder and guide rod apparatus of claim 1, but does not explicitly disclose a plurality of tie rods connecting said first and second moveable jaws.
Cotter teaches a combined hydraulic cylinder and guide rod apparatus [Cotter, fig 1], said apparatus comprising:
a cylindrical guide rod [Cotter, col 2, lines 16-27, rod];
a cylindrical cylinder tube [Cotter, col 2, lines 16-27, 14]
said guide rod inserted through said cylinder tube and adapted for reciprocal travel thereon [Cotter, col 2, lines 16-27];
said guide rod and cylinder tube forming a cylinder assembly [Cotter, col 2, lines 16-27, 12]; and
including a plurality of tie rods [Cotter, col 2, lines 16-27, 18] connecting first and second ends [Cotter, col 2, lines 16-27, 16 at each end of 14].
It would have been obvious to one of ordinary skill in the art to add tie rods that surround the cylinder tube and connecting to ends of the cylinder tube as taught by Cotter to surround the cylinder tube of Sidelar as modified and to connect the tie rods to the first and second movable jaws of Sidelar as modified because tie rods and other various mounts about the cylinder tube allow for pivoting or swiveling about an axis transverse to the cylinder tube [Cotter, col 1, lines 11-20, summarized], where pivoting or swiveling about an axis transverse is applicable to the device of Sidelar as modified as force vectors must be accounted for in the transvers axis in order to assure the stability of the cylinder in the transverse axis, where the jaws are subjected to forces in the transverse axis due to forces from the tubes being joined.
Response to Arguments
Applicant's arguments filed 05/20/2026 have been fully considered but they are not persuasive. The Applicant has argued that the prior art McElroy does not teach the amended portions of claim 1. Respectfully the Office disagrees because the new grounds of rejection of Sidelar (US PGPUB No. 2012/0192393) in view of McElroy (US Patent No. 3,729,390) renders these arguments moot because the new grounds of rejection does not rely upon McElroy for any teaching specifically challenged by the Applicant.
Conclusion
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/ROBERT F NEIBAUR/Primary Examiner, Art Unit 3723
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