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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 5/11/26 has been entered.
Election/Restrictions
Claim 14 has been withdrawn from further consideration by Applicant.
Claim 22 is still withdrawn as claim 22 has not been amended to read on the elected embodiment of Figures 5A-10. It is noted that Applicant argues that claim 22 has been amended to read on the elected embodiment, however, the only amendment to claim 22 was to change the dependency of claim 22 to claim 13. Therefore, claim 22 is still withdrawn.
Claim Status
Claims 1-3, 5-10 and 12-22 are pending. Examiner acknowledges Applicant’s amendments to claims 1, 5, 8, 13 and 15, previously canceled claims 4 and 11 and withdrawn claims 3, 6, 7, 10, 14, 20 and 22.
Response to Arguments
Applicant's arguments filed 5/11/26 have been fully considered but they are not persuasive.
With regard to claim 1, Applicant argues that neither Storcks nor Westerlund discloses wherein the sealing surface is configured to contact a gasket of the coupling when the coupling is in a tensioned position to seal the pipe fitting with the gasket.
Examiner disagrees.
First, as noted in the rejection below, the coupling and gasket are not a part of the claimed invention of the pipe fitting of claim 1. Second, as set forth in the rejection below, the sealing surface in both Storcks and Westerlund is capable of being configured to contact a gasket of a coupling that the pipe fitting would be coupled to. Therefore, Storcks and Westerlund both disclose the claimed limitation.
With regard to claim 8, Applicant argues that Westerlund does not disclose a sealing surface configured to contact a surface of the gasket to seal the pipe fitting with the gasket in a tightened position.
Examiner disagrees.
As set forth in the rejection below, Westerlund discloses that the sealing surface is configured to contact a surface of the gasket that extends down between the coupling and pipe fitting. Therefore, Westerlund discloses the claimed limitation.
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.
Claim(s) 1, 2, 5 and 21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Storcks German Patent No. DE 198 51 723 A1.
With regard to claim 1, and as shown in Figure 2, Storcks discloses a pipe fitting configured for engagement with a coupling (wherein the pipe fitting is capable of being configured for engagement with a coupling), the pipe fitting comprising:
a raised lip end defining a raised lip (at 25);
a distal end (end at 16) disposed opposite from the raised lip end, the raised lip (at 25) between the distal end and the raised lip end;
a groove (at 27) between the raised lip (at 25) and the distal end (end at 16); and
a sealing surface (see below) positioned between the raised lip (at 25) and the groove (at 27), wherein the raised lip extends radially outward from the sealing surface, and the groove extends radially inward from the sealing surface;
wherein the sealing surface is configured to contact a gasket of the coupling when the coupling is in a tensioned position to seal the pipe fitting with the gasket (wherein the sealing surface of the pipe fitting is capable of being configured to contact a gasket of a coupling).
Note: the coupling and the gasket are not a part of the claimed invention.
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With regard to claim 2, Storcks discloses wherein the pipe fitting is selected from the group consisting of an elbow (as shown in Fig 2).
With regard to claim 5, and as shown in Figure 2, Storcks discloses wherein the pipe fitting defines:
an outer lip (at 28) disposed between the groove (at 27) and the distal end (end at 16).
With regard to claim 21, and as shown in Figure 2, Storcks discloses an outer lip (at 28) positioned between the raised lip (at 25) and the distal end (end at 16).
Claim(s) 1, 5, 8, 12-15 and 21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Westerlund et al U.S. Patent No. 4,311,248.
With regard to claim 1, and as shown in Figure 3, Westerlund et al disclose a pipe fitting configured for engagement with a coupling (where the pipe fitting is capable of being configured for engagement with a coupling), the pipe fitting comprising:
a raised lip end defining a raised lip (see below);
a distal end (see below) disposed opposite from the raised lip end, the raised lip between the distal end and the raised lip end;
a groove (see below) between the raised lip and the distal end; and
a sealing surface (see below, also column 3, lines 30-35) positioned between the raised lip (see below) and the groove (see below), wherein the raised lip extends radially outward from the sealing surface, and the groove extends radially inward from the sealing surface (see below);
wherein the sealing surface is configured to contact a gasket of the coupling when the coupling is in a tensioned position to seal the pipe fitting with the gasket (wherein the sealing surface of the pipe fitting is capable of being configured to contact a gasket of a coupling).
Note: the coupling and the gasket are not a part of the claimed invention.
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With regard to claim 5, and as shown in Figure 3, Westerlund et al disclose wherein the pipe fitting defines:
an outer lip (see above) disposed between the groove and the distal end.
With regard to claim 8, and as shown in Figure 3, Westerlund et al disclose a coupling assembly comprising:
a coupling (see above) defining a coupling bore extending through the coupling, the coupling comprising a gasket (see above) disposed within the coupling bore; and
a pipe fitting defining a raised lip end and a distal end disposed opposite from the raised lip end (see above), the raised lip end having a raised lip (see above), the pipe fitting further defining a groove (see above) between the raised lip and the distal end, the pipe fitting further defining a sealing surface (see above, also column 3, lines 30-35) configured to contact a surface of the gasket to seal the pipe fitting with the gasket in a tightened position (as shown below where the sealing surface is configured to contact a surface of the gasket that extends down between the coupling and pipe fitting), the sealing surface positioned between the raised lip and the groove, the raised lip extending radially outward from the sealing surface, and the groove extending radially inward from the sealing surface, and the raised lip end inserted into the coupling bore (see above);
wherein in a relaxed position:
the gasket is relaxed and uncompressed (where there is no tension on the gasket when the coupling is not fastened to the pipe fitting); and
the coupling is retained on the raised lip end of the pipe fitting (via engagement between the raised lip end and the coupling as shown in Figure 3).
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With regard to claim 12, and as shown in Figure 3, Westerlund et al disclose wherein the pipe fitting is positioned within the coupling bore disposed radially outward from the gasket (as shown in Figure 3).
With regard to claim 13, and as shown in Figure 3, Westerlund et al disclose further comprising an outer lip on the pipe fitting (see above), wherein the coupling defines a ridge (see above), and the outer lip is configured to locate the ridge of the coupling above the groove of the pipe fitting.
With regard to claim 15, and as shown in Figure 3, Westerlund et al disclose wherein the gasket defines a center ridge (see above) that contacts the raised lip when the coupling is in a tensioned position.
With regard to claim 21, and as shown in Figure 3, Westerlund et al disclose an outer lip (see above) positioned between the raised lip (see above) and the distal end (see above).
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) 2 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Westerlund et al in view of Storcks.
With regard to claim 2, Westerlund discloses the claimed invention but does not disclose that the pipe fitting is an elbow. Storcks teaches that a pipe fitting can be an elbow (as shown in Figure 2) which provides a connection for angled fluid flow.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the pipe fitting be an elbow with a reasonable expectation of success to provide an angled connection as shown by Storcks and because a change in the shape of a prior art device is a design consideration within the level of skill of one skilled in the art. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966).
With regard to claim 9, Westerlund discloses the claimed invention but does not disclose that the pipe fitting is an elbow. Storcks teaches that a pipe fitting can be an elbow (as shown in Figure 2) which provides a connection for angled fluid flow.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the pipe fitting be an elbow with a reasonable expectation of success to provide an angled connection as shown by Storcks and because a change in the shape of a prior art device is a design consideration within the level of skill of one skilled in the art. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966).
Allowable Subject Matter
Claims 16-19 were previously allowed.
Conclusion
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/F.K./Examiner, Art Unit 3679
/Matthew Troutman/Supervisory Patent Examiner, Art Unit 3679
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