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
Regarding amended claims 1-15, independent claims have been amended to overcome the previous rejections. However, upon further consideration, a new ground(s) of rejection is made in view of Lewis (B 2211255 A).
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 features of claim 7 must be shown or the feature(s) canceled from the claim(s). To clarify, claim 7, which depends on claims 5,4,and 1, disclose the second side surface to perpendicular to the longitudinal axis for an embodiment with a conical taper from the first side surface to the end. The drawings disclose an embodiment with the conical taper in figs 6A, 7,8,12, but those figures do not disclose the second side wall being perpendicular to the axis. The drawings also disclose an embodiment with the second side wall being perpendicular to the axis, in figs 9 and 13, but those figures to not disclose the conical taper. 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 § 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 1,4,5,6,8,11-21 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 a first end off said at least one end, said groove extending circumferentially around said pipe element (fig 1, groove 24 extends around pipe 10 proximate to the bottom end of the pipe, Novitsky),
said groove comprising:
a first side surface proximate to said first end (fig 1, first side 36 is proximate to bottom end, 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 comprises a conical taper extending from said first side surface to said first end (not disclosed).
Novitsky does not disclose a conical taper on the portion of the outer surface extending between from a first side surface to the first end. However, Lewis teaches a conical taper on the portion of the outer surface extending from the first side surface and the end (fig 4, conical taper extends from a first side surface, which engages with shoulder 22, to the right end of the pipe, Lewis). Lewis 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 Lewis into Novitsky and taper the end of the pipe of Novitsky in the manner shown in Lewis. The tapered ends guide the pipe end into the coupling and can act as a pressure dependent sealing arrangement in conjunction with the sealing ring (page 8, paragraph 2, Lewis).
Regarding claim 4, Novitsky in view of Lewis 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 Lewis 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 Lewis 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 a first end of said at least one end, said groove extending circumferentially around said pipe element (fig 1, groove 24 extends around pipe 10, and is proximate to the bottom end of the pipe, Novitsky),
said groove comprising:
a first side surface proximate to said first 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, and is proximate to the bottom end, 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 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 comprises a conical taper extending said first side surface to said first end (not disclosed).
Novitsky does not disclose a conical taper on the portion of the outer surface extending between from a first side surface to the first end. However, Lewis teaches a conical taper on the portion of the outer surface extending from the first side surface and the end (fig 4, conical taper extends from a first side surface, which engages with shoulder 22, to the right end of the pipe, Lewis). Lewis 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 Lewis into Novitsky and taper the end of the pipe of Novitsky in the manner shown in Lewis. The tapered ends guide the pipe end into the coupling and can act as a pressure dependent sealing arrangement in conjunction with the sealing ring (page 8, paragraph 2, Lewis).
Regarding claim 11, Novitsky in view of Lewis 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 Lewis 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 Lewis 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 Lewis 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 Lewis 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).
Regarding claim 16, Novitsky in view of Lewis discloses the pipe element according to claim 1, wherein said first side surface comprises an arcuate edge adjoining said conical taper (fig 4, Lewis, the first side surface that engages with shoulder 22 is joined to the conical taper by an arcuate, or curved edge. Additionally, first side surface 36 of Novitsky joins to surface 28 via curved edge 32, which would still be the case after surface 28 is conically tapered via modification in view of Lewis.)
Regarding claim 17, Novitsky in view of Lewis discloses the pipe element according to claim 8, wherein said first side surface comprises an arcuate edge adjoining said conical taper (fig 4, Lewis, the first side surface that engages with shoulder 22 is joined to the conical taper by an arcuate, or curved edge.)
Regarding claim 18, Novitsky discloses a pipe element (fig 1, Novitsky) having an outer surface surrounding a longitudinal axis (fig 1, pipe 10 has an outer surface that surrounds axis 18, Novitsky), said pipe element comprising:
a body portion (fig 1, body portion 10, Novitsky);
an end portion comprising an end (fig 1, bottom end of pipe 10 is the end, the deformed areas around bottom end of pipe 10 is the end portion, Novitsky);
and a groove positioned in said outer surface of said end portion, said groove extending circumferentially around said pipe element (fig 1, groove 24 is on the outer surface of the end portion and extends around pipe 10, Novitsky),
said groove comprising:
a first side surface proximate to said end (fig 1, first side 36 is proximate to bottom end, 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 side surface 38, Novitsky),
wherein a portion of said outer surface extending between said first side surface and said end comprises a conical taper (not disclosed, 28 is not tapered).
wherein said end portion comprises a first portion of said outer surface (fig 1, end portion has a first portion of the outer surface, which is the portion of the outer surface from 38 down to the end 20, Novitsky)
wherein said first portion of said outer surface extends from said second side surface to said end (fig 1, first portion extends from second side surface 38, which starts from apex 46, downward to end 20, Novitsky)
wherein said body portion comprises a second portion of said outer surface (fig 1, body portion 10 is a second portion of the outer surface, Novitsky),
wherein said second portion of said outer surface extends from said second side surface of said circumferential groove in a direction away from said end (fig 1, second portion extends from side 38 of groove 24 up and away from end 20, Novitsky);
wherein at least a portion of said conical taper has a radius, measured from said longitudinal axis, that is greater than a maximum radius of said second portion of said outer surface (not disclosed, although 28 does have a radius measured from longitudinal axis 18, which is half of dimension 30, that is greater than the maximum radius of the second portion, which is half of dimension 48, Novitsky).
Novitsky does not disclose a conical taper on the portion of the outer surface extending between from a first side surface to the first end. However, Lewis teaches a conical taper on the portion of the outer surface extending from the first side surface and the end (fig 4, conical taper extends from a first side surface, which engages with shoulder 22, to the right end of the pipe, Lewis). Lewis 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 Lewis into Novitsky and taper the end of the pipe of Novitsky in the manner shown in Lewis. The tapered ends guide the pipe end into the coupling and can act as a pressure dependent sealing arrangement in conjunction with the sealing ring (page 8, paragraph 2, Lewis). After the modification, surface 28 would still start with diameter 30, and then be conically tapered down as it approaches end 20.
Regarding claim 19, Novitsky in view of Lewis discloses the pipe element according to claim 18, said first side surface defines a maximum radius of said outer surface of said pipe element (fig 1, Novitsky, first surface defines a radius that is half of dimension 30, which is the maximum radius of the outer surface of the pipe element).
Regarding claim 20, Novitsky in view of Lewis discloses the pipe element of claim 18, wherein said conical taper extends from said first side surface to said end (fig 4, conical taper extends from a first side surface, which engages with shoulder 22, to the right end of the pipe, Lewis. In the case of Novitsky in view of Lewis the taper extends from curved area 32 to end 20 of Novitsky).
Regarding claim 21, Novitsky in view of Lewis discloses the pipe element according to claim 20, wherein said first side surface comprises an arcuate edge adjoining said conical taper (fig 4, Lewis, the first side surface that engages with shoulder 22 is joined to the conical taper by an arcuate, or curved edge. Additionally, first side surface 36 of Novitsky joins to surface 28 via curved edge 32, which would still be the case after surface 28 is conically tapered via modification in view of Lewis.)
Claims 2,3,9,10 are rejected under 35 U.S.C. 103 as being unpatentable over Novitsky in view of Lewis, in further view of Dole.
Regarding 2, Novitsky in view of Lewis, 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, Lewis, 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 in view of Lewis and add the insertion tool mark of Dole to the pipe of Novitsky in view of Lewis. 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 Lewis 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 Lewis 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, Lewis, 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 Lewis and add the insertion tool mark of Dole to the pipe of Novitsky in view of Lewis. 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 Lewis 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).
Allowable Subject Matter
Claim 7 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Westerlund (US 3967837 A) discloses a pipe end that has a conical end taper with a second side surface that is perpendicular to the axis and a first surface that extends beyond the remainder of the pipe.
THIS ACTION IS MADE FINAL. 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
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