DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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 status of the claims for this application is as follows.
Claims 41-58 are currently pending.
Claims 1-40 are cancelled.
Claim Objections
Claims 41-58 are objected to because of the following informalities: claims 41 and 51 recite “expected to subjected”, however, it should recite --expected to be subjected--. 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 41-58 are 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 41 and 51 recite “expected to be subjected”. The claim language is unclear as to what is being set forth. The recitation “expected” puts into question, as to what follows in the claim, if the following subject matter is required or not. How does “expected to be subjected” clearly set forth what applicant is seeking protection for?
The term “relatively lower” in claims 41 and 51 is a relative term which renders the claim indefinite. The term “relatively lower” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
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.
Claim(s) 41-46, 49-56, and 58 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yeh et al. (US 2006/0108444), (hereinafter, Yeh).
Re Clm 41: Yeh discloses a pipe fitting (see Figs. 1-5), comprising:
a wall made from a plastic material [0026], the wall defining
a first opening (14) and
a second opening (12) spaced from the first opening to form at least one channel between the first opening and the second opening (see Figs. 1-5),
the wall comprising a knit line (60) extending from the first opening to the second opening (see Figs. 1-5),
wherein the knit line coincides with a first portion of the wall (a portion containing 12) expected to be subjected to a relatively lower stress due to pressure from fluid in the channel compared with a second portion (the portion near 14) of the wall spaced from the first portion (see Figs. 1-5).
Re Clm 42: Yeh discloses a gate feature (the opening of 14 or 13, being on the back side of 60 illustrated in Fig. 1) defined on the wall, the gate feature opposite the knit line.
Re Clm 43: Yeh discloses wherein the knit line has a first thickness (along 12) greater than a second thickness (of the radially protruding rim at the end containing 48) of a portion of the wall away from the knit line (the back side away from 60).
Re Clm 44: Yeh discloses wherein the pipe fitting comprises at least one of a coupling, an elbow (see Fig. 1), a tee, or a cross.
Re Clm 45: Yeh discloses an elbow (see the lower portion of 10 containing the two openings, where these two openings form an elbow) defining a first length along the wall from the first opening to the second opening (see Fig. 1, from 14 to the top of 12, on the right of 12) and a second length along the wall from the first opening to the second opening (see Fig. 1, from 14 to the bottom of 12 on the left of 12), the first length greater than the second length (see Fig. 1) and opposed from the second length (opposite sides of 12); and the knit line extends along the second length (see Fig. 1).
Re Clm 46: Yeh discloses wherein: the first opening defines a first axis, the second opening defines a second axis, the pipe fitting comprises a tee orienting the first axis at an angle to the second axis, and the knit line is on a same side of the pipe fitting as the second opening relative to a plane that includes the first axis and is perpendicular to the second axis (see Fig. 1).
Re Clm 49: Yeh discloses a first socket associated with the first opening ; and a second socket associated with the second opening, the knit line being located at an intersection of the first socket and the second socket (these structural elements and relationships are depicted in figs 1-5).
Re Clm 50: Yeh discloses wherein the knit line is located along the wall at a location to be adjacent to a pipe connected with the first opening (see Figs. 1-5).
Re Clm 51: Yeh discloses a pipe fitting (see Figs. 1-5), comprising:
a plurality of openings (see Figs. 1-5, at least 2 of the 3 openings); and
a knit line (60) formed by injection molding [0026] and extending from a first opening of the plurality of openings to a second opening of the plurality of openings (see Figs. 1-5),
wherein the knit line is at least one of (i) thicker than an adjacent portion of the pipe fitting (thicker from 14 to 12 than along 12) and (ii) at a first location (on 12) on the pipe fitting expected to be subjected to a relatively lower stress due to pressure from fluid in the pipe fitting compared with a second location on the pipe fitting spaced from the first location (on the span between 12 and 14).
Re Clm 52: Yeh discloses a gate feature (48 opposite 12) defined on the wall between the plurality of openings (see Fig. 5), the gate feature opposite the knit line (see Fig. 5 and 1).
Re Clm 53: Yeh discloses wherein the knit line has a first thickness (along 12) greater than a second thickness (of the radially protruding rim at the end containing 48) of a portion of the wall away from the knit line (the back side away from 60).
Re Clm 54: Yeh discloses wherein the pipe fitting comprises at least one of a coupling, an elbow (see Fig. 1), a tee, or a cross.
Re Clm 55: Yeh discloses an elbow (see the lower portion of 10 containing the two openings, where these two openings form an elbow) defining a first length along the wall from the first opening to the second opening (see Fig. 1, from 14 to the top of 12, on the right of 12) and a second length along the wall from the first opening to the second opening (see Fig. 1, from 14 to the bottom of 12 on the left of 12), the first length greater than the second length (see Fig. 1) and opposed from the second length (opposite sides of 12); and the knit line extends along the second length (see Fig. 1).
Re Clm 56: Yeh discloses wherein: the first opening defines a first axis, the second opening defines a second axis, the pipe fitting comprises a tee orienting the first axis at an angle to the second axis, and the knit line is on a same side of the pipe fitting as the second opening relative to a plane that includes the first axis and is perpendicular to the second axis (see Fig. 1).
Re Clm 58: Yeh discloses a first socket associated with the first opening ; and a second socket associated with the second opening, the knit line being located at an intersection of the first socket and the second socket (these structural elements and relationships are depicted in figs 1-5).
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(s) 47, 48, and 57 are rejected under 35 U.S.C. 103 as being unpatentable over Yeh et al. (US 2006/0108444), (hereinafter, Yeh) as applied to claim(s) 41-46, 49-56, and 58 above.
Re Clm 47: Yeh discloses the plastic material.
Yeh fails to disclose that the disclosed plastic material includes a fiber.
Fiber or fibers are used to strengthen plastic pipe, for the purpose of insuring that pipes can withstand a desired pressure without failing.
The examiner is taking Official Notice that it is old and well-known for plastic pipe material to include a fiber or fibers for strengthening the material, for the purpose of insuring that a pipe(s) can withstand a desired pressure without failing.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to have modified the device of Yeh, to have included a fiber, with a reasonable expectation of success because including a fiber in plastic material is old and well-known, for the purpose of insuring that a pipe(s) can withstand a desired pressure without failing.
Re Clms 48 and 57: Yeh discloses the plastic material.
Yeh fails to disclose that the disclosed plastic material includes Chlorinated Poly(Vinyl Chloride) (CPVC).
Chlorinated Poly(Vinyl Chloride) (CPVC) is a material that can withstand relatively high temperatures, it is a known material that tubular members are made from, and it has a high strength to weight ratio, for the purpose of insuring that pipes can withstand a desired pressure without failing in a given environment.
The examiner is taking Official Notice that it is old and well-known for plastic material to include Chlorinated Poly(Vinyl Chloride) (CPVC), for the purpose of insuring that a pipe(s) can withstand a desired pressure without failing in a given environment.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to have modified the device of Yeh, to have included a Chlorinated Poly(Vinyl Chloride) (CPVC), with a reasonable expectation of success because Chlorinated Poly(Vinyl Chloride) (CPVC) would merely be replacing one known material with another, for the purpose of insuring that a pipe(s) can withstand a desired pressure without failing in a given environment.
Response to Arguments
Applicant’s arguments with respect to the claim(s) 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.
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 JAMES A LINFORD whose telephone number is (571)270-3066. The examiner can normally be reached Monday thru Friday: 8:00 am to 5:00 pm Eastern Time.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Matthew Troutman can be reached at (571) 270-3654. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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JAMES ALBERT LINFORD
Examiner
Art Unit 3679
02/06/2026
/Matthew Troutman/Supervisory Patent Examiner, Art Unit 3679