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 Arguments
Applicant’s arguments with respect to claims 1-11 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.
Regarding hindsight, applicants argue that the examiner’s conclusion of obviousness is based on improper hindsight reasoning. However, "[a]ny judgment on obviousness is in a sense necessarily a reconstruction based on hindsight reasoning, but so long as it takes into account only knowledge which was within the level of ordinary skill in the art at the time the claimed invention was made and does not include knowledge gleaned only from applicant’s disclosure, such a reconstruction is proper." In re McLaughlin, 443 F.2d 1392, 1395, 170 USPQ 209, 212 (CCPA 1971). In this case, all limitations are taught by references and the motivations were made in based on knowledge which was within the level of ordinary skill in the art at the time the claimed invention was made.
Regarding the number of references, reliance on a large number of references in a rejection does not, without more, weigh against the obviousness of the claimed invention. In re Gorman, 933 F.2d 982, 18 USPQ2d 1885 (Fed. Cir. 1991). Therefore, the number of references used in a rejection is not reflective on the strength of the rejection.
Regarding claim 4, the sealing compound in the channels solidify to form gaskets. The sealing compound also forms a material connection with the two halves as well as the welding sleeve as the welding process melts and fuses the parts together.
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.
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.
Claims 1-3, 5-8 are rejected under 35 U.S.C. 103 as being anticipated by Tscherwitschke (DE 3836326 A1), here after known as Tscherwitschke, in view of Nupi Industrie Italiane’s product video, “SMARTFLEX - Double Wall Installation”, hereafter known as Smartflex.
Regarding claim 1, Tscherwitschke discloses a double pipe system (abstract, Tscherwitschke)
with a primary pipeline conducting a medium (fig 3, pipes 44,46,48, Tscherwitschke)
and a secondary pipeline which is arranged around the primary pipeline for protection, containing pipes and fittings of the primary pipeline, (Fig 3, outer pipes 43,45,46 and outer fitting 32, contain inner pipes 44,46,48 and inner fitting 34 Tscherwitschke)
comprising wherein the pipes and fittings of the primary pipeline are connected together, and pipes and fittings of the surrounding secondary pipeline, (fig 3, inner pipes 44,46,48 and inner fitting 34 are connected together and surrounded by pipes and fittings of secondary pipeline, Tscherwitschke)
wherein the pipes are configured as one piece plastic pipes (not disclosed) and the fittings are configured as half-shells (figs 3&4, connecting T shaped piece 32 is comprised of two half shells 32’ and 32’’, Tscherwitschke), therein the half shells of the fittings and the adjoining pipes of the secondary pipeline are connected together by means of electric welding sleeves (not disclosed) configured to be temporarily arranged on the pipes so that the electric welding sleeves can be later pushed over portions of the fittings for welding (not disclosed), or in that the half shells of the fittings and the adjoining fittings consisting of half shells are connected together by means of said electric welding sleeves (not disclosed).
While Tscherwitschke does disclose fittings configured as half-shells, Tscherwitschke fails to explicitly disclose pipes to be configured as one-piece plastics pipes, although it is implied in the specifications and drawings.
However, Smartflex discloses one-piece plastic pipes for both its inner and outer pipes (2:10, inner and outer pipes of Smartflex are plastic). Tscherwitschke and Smartflex are both plastic welded double pipe systems, and so are in analogous arts to each other and the claimed invention. Therefore, it would have been obvious to one of ordinary skill in the art before time of filing to incorporate the teaching of Smartflex into Tscherwitschke and configure the pipes of both primary and secondary pipelines of Tscherwitschke as one-piece plastic pipes. One piece extruded plastic pipes are well known in the field for their durability, low cost, and ease of installation, all benefits that will be gained by Tscherwitschke.
Tscherwitschke also fails to disclose the half shells of the fittings and the adjoining pipes of the secondary pipeline are connected together by means of electric welding sleeves configured to be temporarily arranged on the pipes so that the electric welding sleeves can be later pushed over portions of the fittings for welding, or in that the half shells of the fittings and the adjoining fittings consisting of half shells are connected together by means of said electric welding sleeves. Instead, welds of Tscherwitschke are performed by a tool, that is referenced in a different patent (fig 1, tool 26, Tscherwitschke). The tool referenced is DE 3731003 A1, by the same inventor, and takes the form of a clamp that heats the ends of the pipes (fig 12, DE 3731003 A1), forming a butt weld.
However, Smartflex discloses electric welding sleeves (7:08, welding sleeve is powered with electricity, Smartflex) configured to be temporarily arranged on the pipes so that the electric welding sleeves can be later pushed over portions of the fittings for welding (6:00 to 8:20, welding sleeve for outer pipe is temporarily arranged on the outer pipe, and is pushed over the inner fitting for welding, Smartflex).
Tscherwitschke and Smartflex are both devices used to electrically weld pipe-in-pipe thermoplastic pipes and fittings together, and are in analogous fields to each other and the claimed invention. Therefore, it would have been obvious to one of ordinary skill in the art before time of filing to weld the primary and secondary pipe system of Tscherwitschke using the welding sleeves of Smartflex. Since Smartflex fittings have the electrical welding components integrated within the fitting itself, welding only requires powering the two electrical contacts on the fitting, which is easier and requires less operating space than the butt-welding tool of DE 3731003 A1. In addition, the sleeves of Smartflex have greater contact areas than the butt welding of Tscherwitschke, decreasing the risk of leakage.
Regarding claim 2, Tscherwitschke in view of Smartflex discloses a double pipe system according to Claim 1, wherein the electric welding sleeves are configured as one-piece hollow cylindrical sleeves. (6:14, the sleeves are one piece, cylindrical, and hollow, Smartflex.)
Regarding claim 3, Tscherwitschke in view of Smartflex discloses a double pipe system according to Claim 1, wherein the half-shells are formed by a parting plane running centrally through the fitting along the axis. (Fig 4, the half shells 32’ and 32’’ are separated in the manner described, Tscherwitschke )
Regarding claim 5, Tscherwitschke in view of Smartflex discloses a double pipe system according to Claim 1, wherein the pipes and fittings of the primary pipeline are connected together by electric welding. (Fig 3, pipes 44,48,46 and fitting 42 of primary pipeline are electrically welded together, Tscherwitschke)
Regarding claim 6, Tscherwitschke in view of Smartflex discloses a double pipe system according to Claim 1, wherein the fittings of the primary pipeline are configured as an electric welding sleeve. (6:14 the outer fittings of Smartflex, which are used to weld the outer primary pipeline, are configured as electric welding sleeves.)
Regarding claim 7, Tscherwitschke in view of Smartflex discloses a double pipe system according to Claim 1, wherein the fittings are configured as a T-piece, branching piece and/or as a curved piece. (Figs 1 and 3 show respectively a curved piece and a T-piece, which is also a type of branching piece, Tscherwitschke)
Regarding claim 8, Tscherwitschke in view of Smartflex discloses a double pipe system according to Claim 1, wherein the half-shells of the fitting in each case have a connecting piece on the connection side, wherein the outer diameter of the connecting pieces preferably corresponds to the outer diameter of the pipe. (Figs 3 and 4, the half shells 32’ and 32’’ have parts that connect to the pipes 43, 45,47, and the outer diameter of the parts correspond to the outer diameters of the pipes, Tscherwitschke)
Claim 4 is rejected under 35 U.S.C. 103 as being anticipated by Tscherwitschke (DE 3836326 A1), in view of Smartflex, in further view of Stiskin (EP 0414589 A2).
Regarding claim 4, Tscherwitschke in view of Smartflex teaches the claimed invention except for a seal running along the parting plane of at least one half-shell of a fitting. However, Stiskin discloses wherein at least one half-shell of a fitting has a seal running along a parting plane running parallel to the axis, (page 5, paragraph 5, sealing grooves 23,24,25 are filled with sealing material to form a seal for the two halves, the grooves and the formed seal both run along a parting plane parallel to the axis, Stiskin)
Stiskin discloses a double pipe system for water with curved and T-shaped fittings, and so is in an analogous field to Tscherwitschke and the claimed invention. Therefore, it would have been obvious to one of ordinary skill in the art before time of filing to incorporate the teachings of Stiskin into Tscherwitschke modified by Smartflex and add sealing grooves that are filled with sealing material to the fittings of modified Tscherwitschke. The additional sealing would be an additional layer of protection against leakage, especially since the secondary pipe is exposed to the surrounding environment. The sealing material also adheres the two half-shells together, increasing its durability.
Tscherwitschke in view of Smartflex in further view of Stiskin discloses a double pipe system according to Claim 1, wherein at least one half-shell of a fitting has a seal running along a parting plane running parallel to the axis, (figs 1 and 2, page 5, paragraph 5, sealing grooves 23,24,25 are filled with sealing material to form a seal for the two halves, the grooves and the formed seal both run along a parting plane parallel to the axis, Stiskin) wherein the seal in the region of the electric welding sleeve creates a material connection with the half-shells of the fitting or the half-shells and the electric welding sleeve. (Figs 1 and 2, sealing material bonds to the half shells and the welding sleeve, creating a material connection, Stiskin.)
Claims 9-11 are rejected under 35 U.S.C. 103 as being anticipated by Tscherwitschke (DE 3836326 A1), in view of Smartflex, in further view of Tscherwitschke (DE 3731003 A1), hereby known as DE 3731003 A1.
Regarding claims 9 and 10, Tscherwitschke in view of Smartflex fails to teach spacer elements (claim 9) as well as clips to temporarily fix the half shells onto the primary pipeline (claim 10). However, DE 3731003 A1 discloses spacer elements are arranged in the fittings, wherein the spacer elements ensure the concentric arrangement of the primary pipeline and secondary pipeline to one another (fig 9, spacer ring 104 keeps the outer and inner fittings concentric, DE 3731003 A1). DE 3731003 A1 also discloses at least one clip is arranged in the fittings in order to fix the half-shells temporarily to the primary pipeline. (Fig 8, centering rings 102 and 100 temporarily fix the half shells to the primary pipeline and are removed after welding, as seen in fig 11, DE 3731003 A1).
DE 3731003 A1 describes a method of welding double pipe systems and the tools used in the process. The double pipe system described is precisely the pipe system disclosed in Tscherwitschke. Therefore DE 3731003 A1 is in a field analogous to that of Tscherwitschke, Smartflex, and the claimed invention. Therefore, it would have been obvious to one of ordinary skill in the art before time of filing to incorporate the teachings of DE 3731003 A1 into Tscherwitschke in view of Smartflex and use the spacer ring and centering rings to position and temporarily fix the fittings to the primary pipeline during installation. The rings of DE3731003 allow for easy and precise alignment to ensure a weld of good quality.
Regarding claim 11, Tscherwitschke in view of Smartflex does not disclose detailed instructions of installation. However, DE 3731003 A1 discloses a method for the installation of the double pipe system according to Claim 1, comprising:
welding a sub-portion of the primary pipeline to at least one fitting and at least one pipe (figs 1 and 2, sub portion of primary pipeline 40 is welded to fitting 20 and pipe 30, DE 3731003 A1)
temporarily arranging an electric welding sleeve on the outer diameter of a pipe of the secondary pipeline which is to be pushed onto the primary pipeline, (fig 2, welding tool 42, which was replaced by the coupling sleeve of Smartflex is temporarily arranged around secondary pipeline part 46, which is to be pushed from the left side around 44, 36, and 40 onto primary pipeline 3. Later in fig 3, the coupling sleeve is welded in place, making the temporary arrangement permanent, DE 3731003 A1)
pushing the pipe, with the electric welding sleeve of a secondary pipeline temporarily arranged thereon, onto the pipeline portion of the sub-portion of the primary pipeline welded to a fitting, (fig 2, the secondary pipe part 46, with the temporarily arranged coupling sleeve of Smartflex replacing welding tool 42, is pushed onto primary pipeline sub-portion 40, which is welded to fitting 36, by starting from the left side and going around fitting 36, DE 3731003 A1)
attaching a fitting of the secondary pipeline, preferably around a fitting of the primary pipeline, by combining two half-shells , wherein the electric welding sleeve which is temporarily arranged on the outer diameter of the pipe of the secondary pipeline is partially pushed over the fitting, consisting of the two half-shells, and welded. (Fig 3, secondary pipeline fitting 38, which has two half shells since it is described more in detail in Tscherwitschke, is attached around primary fitting 36. A coupling sleeve of Smartflex, replacing welding tool 42 is partially pushed over the fitting, with half of it over fitting 38 and the other half over secondary pipe portion 46. The welding sleeve then welds the secondary fitting to the secondary pipeline, DE 3731003 A1)
DE 3731003 A1 describes a process of electrical welding double pipe system. The double pipe system described is precisely the pipe system disclosed in Tscherwitschke. Therefore DE 3731003 A1 is in a field analogous to that of Tscherwitschke, Smartflex, and the claimed invention. Therefore, it would have been obvious to one of ordinary skill in the art before time of filing to incorporate the teachings of DE 3731003 A1 into Tscherwitschke in view of Smartflex and follow the welding process of DE 3731003 A1, adjusted slightly to use the welding sleeves of Smartflex in place of the welding tool 42 of DE 3731003 A1. The method of welding results in lap joints, which are more durable than the butt welded joints DE 3731003 A1.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Greene (US 5449204 A ) discloses a double pipe system with support clips to position the inner and outer pipes.
Martin (US 4886305 A) discloses a double pipe system with centering rings that also secure the inner and outer pipes together.
Ziu (WO 9217725 A1 and US 4786088 A) discloses a welded double pipe system
Wermelinger (US 5087308 A) discloses using electric welding to connect plastic pipes of a double pipe system
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 HAOTIAN LU whose telephone number is (571)272-0444. The examiner can normally be reached Monday-Friday 9:00 am-5:00 pm CST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, KENNETH RINEHART can be reached at (571) 272-4881. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/H.L./
Examiner, Art Unit 3753
/KENNETH RINEHART/Supervisory Patent Examiner, Art Unit 3753