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 § 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 4,5,6,7,8,11 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.
The term “substantially” in claims 4,5,6,7,8,11 is a relative term which renders the claim indefinite. The term “substantially” 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. The degree of parallel, angularity, or perpendicularity is made indefinite by the term. For purposes of compact prosecution, the term will be interpreted to mean the feature, such as one side being perpendicular or parallel, is as close to true perpendicular or parallel as practicable in view of manufacturing practices and tolerances.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1,2,3,4,5,7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Miyano (US 5291769 A), hereafter known as Miyano.
Regarding claim 1, Miyano discloses a pipe element (fig 9, Miyano), comprising:
an outer surface surrounding a longitudinal axis (fig 9, pipe P has an outer surface that surrounds a center axis, Miyano);
at least one end (fig 9, left end of pipe P, Miyano);
and a groove positioned in said outer surface proximate to said at least one end, said groove extending circumferentially around said pipe element (fig 9, groove 93c extends around pipe P, Miyano),
said groove comprising:
a first side surface proximate to said at least one end (fig 9, groove 93c is rectangular in cross section, first side surface can be the right vertical surface, Miyano),
a floor surface contiguous with said first side surface (fig 9, groove 93c is rectangular in cross section, floor surface can be the horizontal surface, Miyano),
and a second side surface contiguous with said floor surface, said second side surface being in spaced relation to said first side surface (fig 9, groove 93c is rectangular in cross section, second side surface can be the left vertical surface, Miyano),
and wherein said first side surface projects radially outwardly beyond a remainder of said outer surface of said pipe element (fig 9, first side surface of groove 93c projects beyond the portion of the outer surface of the pipe between 93b and 93a, Miyano);
and wherein a portion of said outer surface extending between said first side surface and said at least one end comprises a conical taper (fig 9, conical taper to the right adjacent to raised area 93b, as well as conical taper at 93a, Miyano).
Regarding 2, Miyano discloses the pipe element according to claim 1, further comprising a tooling mark positioned in said outer surface and extending circumferentially around said pipe element (fig 9, mark 93d, Miyano)
Regarding claim 3, Miyano discloses the pipe element according to claim 2, wherein said tooling mark comprises a depression in said outer surface (fig 9, mark 93d is a depression in the outer surface of pipe P, Miyano).
Regarding claim 4, Miyano discloses the pipe element according to claim 1, wherein said first side surface is oriented substantially perpendicularly to said longitudinal axis (fig 9, right vertical surface of groove 93c is perpendicular to longitudinal axis of pipe P, Miyano).
Regarding claim 5, Miyano discloses the pipe element according to claim 4, wherein said floor surface is oriented substantially parallel to said longitudinal axis (fig 9, horizontal surface of groove 93c is parallel to longitudinal axis of pipe P, Miyano).
Regarding claim 7, Miyano discloses the pipe element according to claim 5, wherein said second side surface is oriented substantially perpendicularly to said longitudinal axis (fig 9, left vertical surface of groove 93c is perpendicular to longitudinal axis of pipe P, Miyano).
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 1,4,5,6,8,11,12,13,14,15 are rejected under 35 U.S.C. 103 as being unpatentable over Novitsky (US 20120139236 A1), hereafter known as Novitsky, in view of Dole (US 20040255632 A1), hereafter known as Dole.
Regarding claim 1, Novitsky discloses a pipe element (fig 1, Novitsky), comprising:
an outer surface surrounding a longitudinal axis (fig 1, pipe 10 has an outer surface that surrounds axis 18, Novitsky);
at least one end (fig 1, flared bottom end of pipe 10, Novitsky);
and a groove positioned in said outer surface proximate to said at least one end, said groove extending circumferentially around said pipe element (fig 1, groove 24 extends around pipe 10, Novitsky),
said groove comprising:
a first side surface proximate to said at least one end (fig 1, first side 36, Novitsky),
a floor surface contiguous with said first side surface (fig 1, floor surface 42, Novitsky),
and a second side surface contiguous with said floor surface, said second side surface being in spaced relation to said first side surface (fig 1, second surface 38, Novitsky),
and wherein said first side surface projects radially outwardly beyond a remainder of said outer surface of said pipe element (fig 1, first side 36 projects outwardly beyond outer surface of upper (remainder) portion of pipe 10, Novitsky);
and wherein a portion of said outer surface extending between said first side surface and said at least one end comprises a conical taper (not disclosed).
Novitsky does not disclose a conical taper on the portion of the outer surface extending between first side surface and the end comprising a conical taper. However, Dole teaches a conical taper on the portion of the outer surface extending between first side surface and the end (figs 4c and 6, sloped portion 96 of the roller in fig 4c forms tapered portion 14 of the pipe in fig 6, Dole). Dole describes a roll grooved pipe to be used with a coupler, a field closely related to Novitsky and the claimed invention. Therefore it would be obvious for one of ordinary skill in the art at time of filing to incorporate the teachings of Dole into Novitsky and taper the end of the pipe of Novitsky in the manner shown in Dole. The tapered ends guide the pipe end into the coupling and prevents burrs from damaging the seals in the coupling, among other benefits (paragraph 0029, Dole).
Regarding claim 4, Novitsky in view of Dole discloses the pipe element according to claim 1, wherein said first side surface is oriented substantially perpendicularly to said longitudinal axis (paragraph 0049, side surface 36 (first side surface) can be oriented substantially perpendicularly to longitudinal axis 18, Novitsky).
Regarding claim 5, Novitsky in view of Dole discloses the pipe element according to claim 4, wherein said floor surface is oriented substantially parallel to said longitudinal axis (fig 1, paragraph 0051, floor surface 42 is oriented substantially parallel to longitudinal axis 18, Novitsky).
Regarding claim 6, Novitsky in view of Dole discloses the pipe element according to claim 5, wherein said second side surface is oriented substantially angularly with respect to said longitudinal axis (fig 1, paragraph 0050, second side surface 38 is oriented at an angle to longitudinal axis 18, Novitsky).
Regarding claim 8, Novitsky discloses a pipe element (fig 1, Novitsky), comprising:
an outer surface surrounding a longitudinal axis (fig 1, pipe 10 has an outer surface that surrounds axis 18, Novitsky);
at least one end (fig 1, flared bottom end of pipe 10, Novitsky);
and a groove positioned in said outer surface proximate to said at least one end, said groove extending circumferentially around said pipe element (fig 1, groove 24 extends around pipe 10, Novitsky),
said groove comprising:
a first side surface proximate to said at least one end, said first side surface being substantially perpendicular to said longitudinal axis (fig 1, paragraph 0049, first side 36 can be oriented substantially perpendicularly to longitudinal axis 18, Novitsky),
a floor surface contiguous with said first side surface and oriented substantially parallel to said longitudinal axis (fig 1, paragraph 0051, floor surface 42 is oriented substantially parallel to longitudinal axis 18, Novitsky),
and a second side surface contiguous with said floor surface and oriented substantially angularly with respect to said longitudinal axis (fig 1, paragraph 0050, second side surface 38 is oriented at an angle to longitudinal axis 18, Novitsky),
and wherein said first side surface projects radially outwardly beyond a remainder of said outer surface of said pipe element (fig 1, first side 36 projects outwardly beyond outer surface of upper (remainder) portion of pipe 10, Novitsky);
and wherein a portion of said outer surface extending between said first side surface and said at least one end comprises a conical taper (not disclosed).
Novitsky does not disclose a conical taper on the portion of the outer surface extending between first side surface and the end comprising a conical taper. However, Dole teaches a conical taper on the portion of the outer surface extending between first side surface and the end (figs 4c and 6, sloped portion 96 of the roller in fig 4c forms tapered portion 14 of the pipe in fig 6, Dole). Dole describes a roll grooved pipe to be used with a coupler, a field closely related to Novitsky and the claimed invention. Therefore it would be obvious for one of ordinary skill in the art at time of filing to incorporate the teachings of Dole into Novitsky and taper the end of the pipe of Novitsky in the manner shown in Dole. The tapered ends guide the pipe end into the coupling and prevents burrs from damaging the seals in the coupling, among other benefits (paragraph 0029, Dole).
Regarding claim 11, Novitsky in view of Dole discloses in combination, at least one pipe element according to claim 8 and a coupling (fig 3, coupling 52, Novitsky), said coupling comprising:
a plurality of segments attached end to end surrounding a central space (fig 3, paragraph 0055, two segments 54 are attached end to end around a space, Novitsky), said at least one pipe element being received within said central space (figs 4 and 5, at least one pipe is received in the space, Novitsky);
each of said segments having at least one key projecting toward said central space, said at least one key engaging said groove (figs 4-5, paragraph 0055, key 64 projects into the space and engages with grooves 24, Novitsky),
said at least one key comprising:
a first key surface oriented substantially perpendicularly to said longitudinal axis and engaged with said first side surface of said groove (fig 6, paragraph 59, first key surface 66 is oriented complimentarily and engaged with first surface 36 of groove. Since first surface 36 can be substantially perpendicular to axis 18 per paragraph 0049, first key 66 can be as well, Novitsky)
a second key surface contiguous with said first key surface and facing said floor surface of said groove (paragraph 0060, fig 6, second key surface 72 is contiguous with first key surface 66 and faces groove floor surface 70, Novitsky)
and a third key surface contiguous with said second key surface (fig 6, paragraph 0059, key surface 68 is contiguous with 72, Novitsky), said third key surface being angularly oriented with respect to said longitudinal axis and engaged with said second side surface of said groove (fig 6, paragraph 0059, key surface 68 is engaged with surface 38 and is angularly orientated with respect to axis 18, Novitsky).
Regarding claim 12, Novitsky in view of Dole discloses the combination according to claim 11, wherein said third key surface has an orientation angle relative to said longitudinal axis equal to an orientation angle of said second side surface. (fig 6, paragraph 0059, angles of surface 68 and 38 are the same, Novitsky)
Regarding claim 13, Novitsky in view of Dole discloses the combination according to claim 11, wherein said coupling further comprises connection members positioned at opposite ends of each of said segments (fig 3, coupling 52 has unmarked connection members at opposite ends of segments 54 to accommodate fasteners 56, Novitsky),
said connection members being adjustably tightenable for drawing said segments toward one another and said at least one key on each of said segments into engagement with said groove (fig 3, paragraph 0058, unmarked connection members on segments 54 are adjustably tightened via 56 and draw segments 54 closer together and keys into grooves, Novitsky).
Regarding claim 14, Novitsky in view of Dole discloses the combination according to claim 13, wherein said connection members on each of said segments comprise a pair of projections (fig 3, unmarked connection members are a pair of projections extending out from segments 54, Novitsky),
one said projection being positioned on each of said opposite ends of said segments (fig 3, each segments 54 has one connection member projection on each side, Novitsky),
said projections having holes to receive a fastener (fig 3, each projection of segment 54 receives a fastener 56, Novitsky),
said fastener being adjustably tightenable (fig 3, the fastener 56 is a nut and bolt pair, and is naturally adjustably tightenable, Novitsky).
Regarding claim 15, Novitsky in view of Dole discloses the combination according to claim 11, wherein said coupling comprises two of said segments (fig 3, there are two segments 54 forming coupling 52, Novitsky).
Claims 2,3,9,10 are rejected under 35 U.S.C. 103 as being unpatentable over Novitsky in view of Dole, in further view of Dole.
Regarding 2, Novitsky in view of Dole, as applied in claim 1, discloses the pipe element according to claim 1, but does not disclose a tooling mark positioned in said outer surface and extending circumferentially around said pipe element.
However, Dole teaches a tool mark in the form of a depth insertion mark (fig 6, paragraph 0029, mark 18, Dole). Dole describes a roll grooved pipe to be used with a coupler, a field closely related to Novitsky and the claimed invention. Therefore it would be obvious for one of ordinary skill in the art at time of filing to again incorporate the teachings of Dole into Novitsky in view of Dole and add the insertion tool mark of Dole to the pipe of Novitsky in view of Dole. The insertion depth mark, when aligned with a reference point on the coupling, provides a visible indication that the pipe has been installed correctly (paragraph 0029, Dole), allowing easier and more consistent installations.
Regarding claim 3, Novitsky in view of Dole in further view of Dole discloses the pipe element according to claim 2, wherein said tooling mark comprises a depression in said outer surface (fig 6, tooling mark 18 of Dole is a depression in the outer surface 12 of Dole).
Regarding claim 9, Novitsky in view of Dole discloses the pipe element according to claim 8, but does not disclose a tooling mark positioned in said outer surface and extending circumferentially around said pipe element.
However, Dole teaches a tool mark in the form of a depth insertion mark (fig 6, paragraph 0029, mark 18, Dole). Dole describes a roll grooved pipe to be used with a coupler, a field closely related to Novitsky and the claimed invention. Therefore it would be obvious for one of ordinary skill in the art at time of filing to again incorporate the teachings of Dole into Novitsky in view of Dole and add the insertion tool mark of Dole to the pipe of Novitsky in view of Dole. The insertion depth mark, when aligned with a reference point on the coupling, provides a visible indication that the pipe has been installed correctly (paragraph 0029, Dole), allowing easier and more consistent installations.
Regarding claim 10, Novitsky in view of Dole in further view of Dole discloses the pipe element according to claim 9, wherein said tooling mark comprises a depression in said outer surface (fig 6, tooling mark 18 of Dole is a depression in the outer surface 12 of Dole).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Chatterley (US 5450738 A) and Lewis (GB 2211255 A) disclose rolled pipe with section extending beyond body of pipe.
Kunsman (US 3995466 A) and Dole (US 20050212296 A1) disclose rolled grooved pipe with slanted groove walls.
Beagen (US 20130185919 A1) discloses a coupling for rolled grooved pipe
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