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
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 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 1-2 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Samuel (US 10391512 B1).
Regarding claim 1, Samuel teaches (reproduced and annotated Figures below) multipurpose drip irrigation tool (irrigation pliers) comprises a longitudinal dimension, the multipurpose drip irrigation tool further comprising: a first pivoting arm comprising a first handle, a first jaw portion and a first pivot region disposed intermediate the first handle and the first jaw portion along a first pivoting arm longitudinal axis; a second pivoting arm comprising a second handle, a second jaw portion and a second pivot region disposed intermediate the second handle and the second jaw portion along a second pivoting arm longitudinal axis, wherein the first pivoting arm is pivotally engaged with the second pivoting arm; a first reaming extension comprising a first rounded end, a first expanding region and a first reaming extension longitudinal axis; a second reaming extension comprising a second rounded end, a second expanding region and a second reaming extension longitudinal axis, wherein the first reaming extension axis and the second reaming extension axis are substantially parallel, wherein the first rounded end and the second rounded end are generally aligned along the longitudinal dimension, wherein the first reaming extension and the second reaming extension are separated by an intervening space; and a U-shaped recess (110) disposed on an interior surface of one of the first handle and the second handle such that when the first handle is pivoted towards the second handle, an interior surface (132) of the other one of the first handle and the second handle retains a tube within the U-shaped recess (tube with a certain diameter can be held inside cavity created by 110 and 132).
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Regarding claim 2, Samuel teaches (reproduced and annotated Figures above) the first reaming extension is positioned with respect to the second reaming extension such that a tube of a first size may be expanded by at least one of the first reaming extension and the second reaming extension and a tube of a second greater size may be expanded by a combination of the first reaming extension and the second reaming extension, the first reaming extension and the second reaming extension both being disposed on a remote end of at least one of the first pivoting arm and the second pivoting arm (reaming extensions of Samuel are capable of being inserted into tubes with smaller size to expand them) .
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.
Claim 1 is rejected under 35 U.S.C. 103 as being unpatentable over Orbit found at:https://www.youtube.com/watch?v=Z19S7bc-qEI (May 22, 2019) in view of Herritz et al. (US 20210316370 A1) hereinafter Herritz.
Regarding claim 1, Orbit teaches (annotated screenshots below) a multipurpose drip irrigation tool (installing and attaching Orbit micro sprinklers to a 1/2-inch drip line) comprises a longitudinal dimension (dimension along L), the multipurpose drip irrigation tool further comprising: a first pivoting arm comprising a first handle, a first jaw portion and a first pivot region disposed intermediate the first handle and the first jaw portion along a first pivoting arm longitudinal axis (L1); a second pivoting arm comprising a second handle, a second jaw portion and a second pivot region disposed intermediate the second handle and the second jaw portion along a second pivoting arm longitudinal axis (L2), wherein the first pivoting arm is pivotally engaged with the second pivoting arm; a first reaming extension comprising a first rounded end, a first expanding region and a first reaming extension longitudinal axis; (a tube can be secured inside area A when the two handles are pushed together). Orbit has only one extension.
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Herritz teaches (reproduced and annotated Figs. below) a reaming tool comprising a first reaming extension comprising a first rounded end, a first expanding region and a first reaming extension longitudinal axis; a second reaming extension comprising a second rounded end, a second expanding region and a second reaming extension longitudinal axis, wherein the first reaming extension axis and the second reaming extension axis are substantially parallel, wherein the first rounded end and the second rounded end are generally aligned along the longitudinal dimension, wherein the first reaming extension and the second reaming extension are separated by an intervening space.
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It would have been obvious to one having ordinary skill in the art before effective filing date of the claimed invention to use reaming tool of Herritz in drip irrigation tool of Orbit. Doing so would make the tool capable of deburring ends of cut tubes (see par. 2 of Herritz).
Allowable Subject Matter
Claim 3 is 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.
Claim 3 would be allowable for disclosing the barbed recess and first and second retaining extensions. These limitations with other claimed limitations in a whole, make the instant invention neither anticipated nor rendered obvious by the best prior art in record.
The closest prior art to the claimed invention of claim 3 are Orbit and Samuel.
both Orbit and Samuel teach (annotated Figures and screenshots above) a pivot point at which the first pivoting arm and the second pivoting arm pivot with respect to one another; but do not teach the claimed barbed recess and first and second retaining extensions.These limitations with other claimed limitations in a whole, make the instant invention neither anticipated nor rendered obvious by the best prior art in record.
Claims 4-7 would be allowable due to dependency on allowable claim 3.
Claim 8 is allowed for disclosing the barbed recess and first and second retaining extensions. These limitations with other claimed limitations in a whole, make the instant invention neither anticipated nor rendered obvious by the best prior art in record.
The closest prior art to the claimed invention of claim 8 are Samuel, Orbit and Herritz.
Samuel teaches (reproduced and annotated Figures above) multipurpose drip irrigation tool (irrigation pliers) comprises a longitudinal dimension, the multipurpose drip irrigation tool further comprising: a first pivoting arm comprising a first handle, a first jaw portion and a first pivot region disposed intermediate the first handle and the first jaw portion along a first pivoting arm longitudinal axis; a second pivoting arm comprising a second handle, a second jaw portion and a second pivot region disposed intermediate the second handle and the second jaw portion along a second pivoting arm longitudinal axis, wherein the first pivoting arm is pivotally engaged with the second pivoting arm; a first reaming extension comprising a first rounded end, a first expanding region and a first reaming extension longitudinal axis; a second reaming extension comprising a second rounded end, a second expanding region and a second reaming extension longitudinal axis, wherein the first reaming extension axis and the second reaming extension axis are substantially parallel, wherein the first rounded end and the second rounded end are generally aligned along the longitudinal dimension, wherein the first reaming extension and the second reaming extension are separated by an intervening space; and a U-shaped recess (110) disposed on an interior surface of one of the first handle and the second handle such that when the first handle is pivoted towards the second handle, an interior surface (132) of the other one of the first handle and the second handle retains a tube within the U-shaped recess (tube with a certain diameter can be held inside cavity created by 110 and 132); a pivot point at which the first pivoting arm and the second pivoting arm pivot with respect to one another.but does not teach the claimed barbed recess and first and second retaining extensions.
Orbit teaches (annotated screenshots above) a multipurpose drip irrigation tool (installing and attaching Orbit micro sprinklers to a 1/2-inch drip line) comprises a longitudinal dimension (dimension along L), the multipurpose drip irrigation tool further comprising: a first pivoting arm comprising a first handle, a first jaw portion and a first pivot region disposed intermediate the first handle and the first jaw portion along a first pivoting arm longitudinal axis (L1); a second pivoting arm comprising a second handle, a second jaw portion and a second pivot region disposed intermediate the second handle and the second jaw portion along a second pivoting arm longitudinal axis (L2), wherein the first pivoting arm is pivotally engaged with the second pivoting arm; and a U-shaped recess disposed on an interior surface of one of the first handle and the second handle such that when the first handle is pivoted towards the second handle, an interior surface of the other one of the first handle and the second handle retains a tube within the U-shaped recess (a tube can be secured inside area A when the two handles are pushed together); a pivot point at which the first pivoting arm and the second pivoting arm pivot with respect to one another.Orbit has only one extension and Orbit does not teach the claimed barbed recess and first and second retaining extensions.
Herritz teaches (reproduced and annotated Figs. below) a reaming tool comprising a first reaming extension comprising a first rounded end, a first expanding region and a first reaming extension longitudinal axis; a second reaming extension comprising a second rounded end, a second expanding region and a second reaming extension longitudinal axis, wherein the first reaming extension axis and the second reaming extension axis are substantially parallel, wherein the first rounded end and the second rounded end are generally aligned along the longitudinal dimension, wherein the first reaming extension and the second reaming extension are separated by an intervening space.
However combined device of Orbit, Samuel and Herritz does not teach the claimed allowable subject matter.
Claims 9-13 are allowed due to dependency on allowable claim 8.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Garr et al. (US 20170197457 A1) teaches U-shaped (104a, 104b, 104c) reaming tool with parallel reaming extensions.
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Any inquiry concerning this communication or earlier communications from the examiner should be directed to MAHDI H NEJAD whose telephone number is (571)270-0464. The examiner can normally be reached Monday-Friday 7:30am-4pm EST.
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MAHDI H. NEJAD
Examiner
Art Unit 3723
/MAHDI H NEJAD/Primary Examiner, Art Unit 3723