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 .
Allowable Subject Matter
Claim 4 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The indicated allowability of claims 1-2 and 5-6 is withdrawn in view of the newly discovered reference(s) to Kappenhagen 4,316,316. Rejections based on the newly cited reference(s) follow.
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 1-2 and 4-6 are 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.
Claim 1 recites the limitation "the abutting plate and cylindrical conduit interface" in line 7. There is insufficient antecedent basis for this limitation in the claim.
Claim 5 recites the limitation "the abutting plate and cylindrical conduit interface" in line 7. There is insufficient antecedent basis for this limitation in the claim.
Claims 1 and 5, it is unclear how “the underside of the extender joining body comprises…means permitting a secured attachment between the extender joining body the abutting plate and cylindrical conduit interface” when the underside of the extender joining body 13 is only in contact with the abutting plate and not in contact with the cylindrical conduit interface and separated from the cylindrical conduit interface by the abutting plate. Clarification is needed.
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 and 5-6 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kappenhagen 4,316,316.
In regard to claims 1 and 5, Kappenhagen discloses (see fig. 4) an apparatus for joining lengths of conduit, said apparatus comprising:
a cylindrical apparatus head 70 with a torque application interface (102);
an extender joining body (128 or 80);
wherein the underside of said extender joining body comprises means (130 and weld joining 114 to 140 near where 116 is pointing) (or 80 has indentation and end surface 82 that accepts plate 112 and abuts flange 122 of 112, allowing 70 to connect the entire assembly together as it is threaded to 48) permitting a secured attachment between the extender joining body (128 or 80) the abutting plate (112) and cylindrical conduit interface (140);
an abutting plate (112); and,
a cylindrical conduit interface (140) comprising a threaded interior surface (142) for interfacing with conduit having a diameter selected from the group consisting of ½ inch, 3/4 inch, 1 inch, 1 ¼ inch, 1 ½ inch, 2 inch, 2 ½ inch, 3 inch, 3 ½ inch, 4 inch, 5 inch, 6 inch, 16 mm, 21 mm, 27 mm, 35 mm, 41 mm, 53 mm, 63 mm, 78 mm, 91 mm, 103 mm, 129 mm, or 155 mm (see col. 4, lines 24-26);
wherein said abutting plate (112) contacts the axial end of said cylindrical conduit interface (140); and,
wherein said cylindrical apparatus head (70), said extender joining body (128), said abutting plate (112) ,and said cylindrical conduit interface (140) are disposed in the stated order along a common longitudinal axis and are fixed relative to each other (the top tapered portion of 70 is axially distant to portion 128 at weld 130) (or if 80 is the extender joining body, it is axially inward relative to the top end of 70).
In regard to claims 2 and 6, wherein said apparatus head (70) comprises a tapered alignment head (top of 70 is tapered).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-2 and 4-6 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID E. BOCHNA whose telephone number is (571)272-7078. The examiner can normally be reached Monday-Friday 8:00-5:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Matthew Troutman can be reached at (571) 270-3654. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DAVID BOCHNA/Primary Examiner, Art Unit 3679