DETAILED ACTION
The present application and its arguments have been reviewed and currently claims 1, 4, and 6-11 are rejected and claims 2, 3, and 5 are cancelled.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 5/12/2025 has been entered.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 4, and 6-11 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.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “the upper convolutes … the lower convolutes … the outer convolute … each have a partial outer curvature … each partial outer curvature is equally sized” must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 9 is 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.
In regards to claim 9, the limitation “internal smooth void” renders the claim indefinite. The limitation “smooth void” 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. Therefore, the metes and bounds of the claim is not defined due to varying degree of being “smooth” (ex. what is considered smooth and is not considered smooth).
It is noted to applicant that applicant is still required to amend the claims as the claims are only be interpreted to proceed with prosecution.
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 and 7-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Roberts (U.S. Patent No. 3,076,737).
Claim 1, Roberts discloses:
A bellows member (see annotated fig. 1 below) for connecting two plumbing interfaces, the bellows member comprising:
a first cuff end (see annotated fig. 1);
a second cuff end (see annotated fig. 1);
a central opening (see annotated fig. 1, where the central opening is the entire space within the body); and
a bellows body (2, annotated fig. 1) comprising:
a plurality of upper convolutes (see annotated fig. 1), each upper convolute forming an upper ring (ex., each convolute is considered an ring);
a plurality of lower convolutes (see annotated fig. 1), each lower convolute forming a lower ring (ex., each convolute is considered an ring); and
an outer convolute (see annotated fig. 1),
wherein the plurality of upper convolutes, the plurality of lower convolutes, and the outer convolute each have a partial outer curvature (ex., see fig. 2), and each partial outer curvature is equally sized (ex., see fig. 2, where each curvature appears the same),
wherein adjacent upper convolutes are separated by a first space and adjacent lower convolutes are separated by a second space (ex., each of the troughs of the convolutes),
wherein the plurality of upper convolutes are configured to compress or expand horizontally (ex., see annotated fig. 1, where compressing or expanding the corrugated pipe would cause the convolutes to expand or flatten),
wherein the plurality of lower convolutes are configured to compress or expand horizontally (ex., see annotated fig. 1, where compressing or expanding the corrugated pipe would cause the convolutes to expand or flatten), and
wherein the plurality of upper convolutes, the plurality of lower convolutes, and the outer convolute are monolithically formed and of the same material (1:22-25, where nitrile and synthetic rubber is used; see also 6:7-10, where synthetic rubber is used).
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Claim 7, Roberts discloses:
The bellows member of claim 1, wherein the bellows body is formed from at least one of thermoplastic urethane polyester, polyurethane, nitrile, synthetic rubber, fluoropolymer elastomer, silicone, neoprene, or any combination thereof (1:22-25, where nitrile and synthetic rubber is used; see also 6:7-10, where synthetic rubber is used).
Claim 8, Roberts discloses:
The bellows member of claim 1, wherein the partial outer curvature defines ridges (see annotated fig. 1 above hereinafter).
Claim 9, Roberts discloses:
The bellows member of claim 8, wherein a partial interior curvature defines an interior of each of the ridges (ex., see fig. 2, where each ridge near 21 comprises a curved interior),
wherein the partial interior curvature of each of the ridges is filled with material (22, fig. 2), forming an internal smooth void within the bellows body (see fig. 2, where the internal void is the same shape as the interior of the convolutions) such that an interior space of the plurality of upper convolutes, the plurality of lower convolutes, and the outer convolute are defined by an interior curvature (ex., the entire curvature of the bellow).
Claim 10, Roberts discloses:
The bellows member of claim 1, wherein the plurality of upper convolutes form ridges and the plurality of lower convolutes form ridges such that there are spaces between each ridge (ex., in fig. 2a you can see an element 64 in the space).
Claim Rejections - 35 USC § 103
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.
Claim(s) 11 is rejected under 35 U.S.C. 103 as being unpatentable over Roberts as applied to claim 1 above.
In regards to claim 11, Roberts discloses:
The bellows member of claim 1, but does not disclose wherein a vertical height of the bellows member is about 0.5 inches to about four inches.
However, while Roberts does not expressly disclose “a vertical height of the bellows member is about 0.5 inches to about four inches”, the “vertical height” may be determined through the use of routine experimentation during the engineering design process to optimize the functionality of the device, suited to the intended use and desired parameters.
It would have been obvious to one having ordinary skill in the art at the time of invention to modify the vertical height of Roberts such that “the vertical height of the bellows member is about 0.5 inches to about four inches”, as the “vertical height” may be optimized to the desired operational parameters through the use of routine experimentation. A person of ordinary skill in the art undertaking such experimentation would have had a reasonable expectation of success and the results would have been predictable. See MPEP 2144.05(II)(A).
Claim(s) 1, 4, 6, 8, and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Brennan et al. (U.S. Patent No. 1,830,780) and in view of Badger (U.S. Patent No. 1,929,401).
In regards to claim 1, Brennan discloses:
A bellows member (see fig. 7) for connecting two plumbing interfaces, the bellows member comprising:
a first cuff end (see annotated fig. 7);
a second cuff end (see annotated fig. 7);
a central opening (see annotated fig. 7, where the central opening is the entire space within the body); and
a bellows body (see annotated fig. 7) comprising:
a plurality of upper convolutes (see annotated fig. 7), each upper convolute forming an upper ring (ex., each convolute is considered an ring);
a plurality of lower convolutes (see annotated fig. 7), each lower convolute forming a lower ring (ex., each convolute is considered an ring); and
an outer convolute (see annotated fig. 7),
wherein the plurality of upper convolutes, the plurality of lower convolutes, and the outer convolute each have a partial outer curvature (ex., see fig. 7), and each partial outer curvature is equally sized (ex., see fig. 7, where each curvature appears the same),
wherein adjacent upper convolutes are separated by a first space and adjacent lower convolutes are separated by a second space (see annotated fig. 7),
wherein the plurality of upper convolutes are configured to compress or expand horizontally (see annotated fig. 7),
wherein the plurality of lower convolutes are configured to compress or expand horizontally (see annotated fig. 7), and
wherein the plurality of upper convolutes, the plurality of lower convolutes, and the outer convolute are of the same material (1:22-25, where nitrile and synthetic rubber is used; see also 6:7-10, where synthetic rubber is used),
but does not disclose:
wherein the plurality of upper convolutes, the plurality of lower convolutes, and the outer convolute are monolithically formed.
In regards to being monolithically formed, Badger discloses:
A bellows member (see annotated fig. 1 below) for connecting two plumbing interfaces, the bellows member comprising:
a first cuff end (see annotated fig. 1);
a second cuff end (see annotated fig. 1);
a central opening (see annotated fig. 1);
a bellows body (11) comprising:
a plurality of upper convolutes (see annotated fig. 1),
each upper convolute forming an upper ring (see annotated fig. 1);
a plurality of lower convolutes (see annotated fig. 1),
each lower convolute forming a lower ring (see annotated fig. 1); and
an outer convolute (see annotated fig. 1),
wherein adjacent upper convolutes are separated by a first space and adjacent lower convolutes are separated by a second space (see annotated fig. 1), and
wherein the plurality of upper convolutes are configured to compress or expand horizontally (see annotated fig. 1), and
wherein the plurality of lower convolutes are configured to compress or expand horizontally (see annotated fig. 1, where there is nothing structural from preventing this), and
wherein the plurality of upper convolutes, the plurality of lower convolutes, and the outer convolute are the same material (lines 70-77),
wherein the plurality of upper convolutes, the plurality of lower convolutes, and the outer convolute are monolithically formed and are the same material (lines 70-77; “monolithically formed” is being interpreted as a single integrated structure as the flanges are welded together by electric welding so that the disks are jointed in a single unitary structure of homogenous character).
It would have been obvious to one of ordinary skill in the art before the effective filling date to modify the bellows body of Brennan to be monolithically formed and of the same material because Badger discloses that it is known for bellows to be as a single unitary structure to provide a homogenous character and it has been held that the use of a one piece construction instead of the structure disclosed in [the prior art] would be merely a matter of obvious engineering choice (see In re Larson, 340 F.2d 965, 968, 144 USPQ 347, 349 (CCPA 1965) in MPEP 2144.04(V)(B)).
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In regards to claim 4, Brennan further discloses:
The bellows member of claim 1, wherein the plurality of upper convolutes and the plurality of lower convolutes extend radially from the central opening along a horizontal plane (see annotated fig. 7 above, where each of the convolutes extend radially along a horizontal plane).
In regards to claim 6, Brennan further discloses:
The bellows member of claim 1, wherein the plurality of upper convolutes form at least two rings that encircle the central opening, a first inner ring with a smaller diameter than a second outer ring (see annotated fig. 7, where each ring is stacked radially).
In regards to claim 8, Brennan further discloses:
The bellows member of claim 1, wherein the partial outer curvature defines ridges (see annotated fig. 7).
In regards to claim 10, Brennan further discloses:
The bellows member of claim 1, wherein the plurality of upper convolutes form ridges and the plurality of lower convolutes form ridges such that there are spaces between each ridge (see annotated fig. 7).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEXANDER TYLER RUFRANO whose telephone number is (571)272-6223. The examiner can normally be reached Mon - Fri 8:30AM to 4:30PM.
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/A.T.R./Examiner, Art Unit 3679
/ZACHARY T DRAGICEVICH/Primary Examiner, Art Unit 3679
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