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 .
Response to Amendment
This Final Rejection is in response to the Amendment dated October 30, 2025 filed in response to the Non-final Rejection dated July 30, 2025.
Cancelation of claims 5 and 10 is acknowledged.
The 35 U.S.C. 102(a)(1) rejection of claims 8-11 in the previous Non-final is withdrawn in view of the amendments made to claim 8. However, claim 8 as amended is anticipated by other prior art under 35 U.S.C. 102 as explained below.
The 35 U.S.C. 102(a)(1) rejection of claims 12-15 and 19 in the previous Non-final is withdrawn in view of amendments made to the claims. However, those claims continue to be rejected as explained below.
The 35 U.S.C. 103 rejection of claims 1-7, 16-18 and 20 in the previous Non-final is withdrawn in view of amendments made to the claims. However, those claims continue to be rejected as explained below.
Response to Arguments
Applicant first argues, in the first page of the Remarks, claim 8 has been amended to distinguish it over Chinese Patent Publication No. CN 111940565 A by Guo et al. Examiner agrees. Therefore, the 35 U.S.C. 102(a)(1) rejection is withdrawn as stated above. However, claim 8 is unpatentable under 35 U.S.C. 103 in view of U.S. Patent Application Publication No. US 2002/0029606 A1 by White as explained below.
Applicant then argues, on page 2 of the Remarks, claim 12 has been amended to distinguish it over U.S. Patent Application Publication No. US 2021/0031254 A1 by Pearson et al. Examiner finds the argument persuasive. Accordingly the rejection is withdrawn. However, claim 12 as amended continues to be anticipated by the prior art under 35 U.S.C. 102(a)(1) as explained below.
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.
Claims 8-9, 12-17 and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Application Publication No. US 2002/0029606 A1 by White, hereinafter “White”.
Regarding claim 8, White discloses a method of using a pipe bender, the method comprising:
operating a button coupled to a bias spring disposed on a pin assembly to cause the pin assembly to be slidably movable along an aperture defined in a bender head of the pipe bender, wherein the pin assembly is coupled to a bending angle stop (¶[0028] discloses operating a spring loaded lock pin of the bending angle stop block to releasably engage calibration holes in the bender head of the pipe bender wherein the block and spring load pin are moved along holes in the bender head to secure the block at different calibrated points along the head);
sliding the pin assembly within the aperture to place the bending angle stop at a desired location along the bender head (¶[0028] discloses the spring loaded pin is slid into the apertures to place the bending angle stop block at a desired location along the bender head); and
operating the pin assembly to secure the bending angle stop at the desired location (¶[0028] discloses operating the spring load lock pin secures the bending angle stop block at the desired location).
Regarding claim 9, White anticipates the method of claim 8 as explained above. White further discloses inserting a pipe through a mouth of the bender head and bending the pipe along an arcuate-shaped rocker of the bender head until the pipe contacts the bending angle stop. Paragraphs [0008] through [0010] disclose pipe is inserted on a bender head of the pipe bender and bent until the pipe contacts the bender block.
Regarding claim 12, White discloses a pipe bender (pipe bender shown in Fig. 2; ¶[0014]) comprising:
a bender head comprising an arcuate rocker that defines a radially outer threshold of the bender head (the bender head shown in Fig. 2 comprises an arcuate rocker defining a radially outer threshold); and
a bending angle stop movably coupled to the arcuate rocker (bending angle stop block 2 in Fig. 2), wherein the bending angle stop is disposed at least partially radially outward of the radially outer threshold of the bender head and extends outward beyond the outer threshold of the bender head when the bending angle stop is secured to the arcuate rocker (concave portion 8 in Figs. 3 and 4 is disposed at least partially radially outward of the radially outer threshold of the bender head when it is secured to the arcuate rocker as shown in Fig. 2).
Regarding claim 13, White anticipates the pipe bender of claim 12 as explained above. White further discloses wherein the bending angle stop comprises a wedge (bending angle stop block 2 in Fig. 2 may reasonably be interpreted as a wedge).
Regarding claim 14, White anticipates the pipe bender of claim 13 as explained above. White further discloses a wedge (the wedge bending block embodiment shown in Figs. 5 and 6; ¶[0029] through [0031]) comprising a sloped surface configured to receive a pipe disposed in the bender head (receiving section 29 in Figs. 5 and 6), wherein the sloped surface is disposed at least partially within the radially outer threshold of the bender head and extends outward beyond the radially outer threshold of the bender head (Figs. 5 and 6 show receiving section 29 extends into support 26 which is disposed within the radially outer threshold of the bender head when the embodiment shown in Figs. 5 and 6 is engaged with a bender head such that receiving section 29 would be partially disposed within the radially outer threshold of the head and extend outwardly therefrom).
Regarding claim 15, White anticipates the pipe bender of claim 12 as explained above. White further discloses the radially outer threshold is defined by an arcuate surface that contacts a stable environmental surface when a pipe is bent with the pipe bender (the radially outer threshold shown in Fig. 2 defines an arcuate surface which is used to contact a stable environment surface, such as the ground, when a pipe is bent with the pipe bender).
Regarding claim 16, White anticipates the pipe bender of claim 12 as explained above. White further discloses a pin assembly coupled to the bending angle stop, wherein the pin assembly is slidably coupled to the arcuate rocker (¶[0028] discloses a spring-loaded lock pin assembly which couples the bending block to the arcuate rocker by sliding action of a pin biased by a spring).
Regarding claim 17, White anticipates the pipe bender of claim 16 as explained above. White further discloses:
the pin assembly comprises an engagement key (the pin disclosed in ¶[0028], illustrated as lock bolt 6 in Figs. 3 and 4, is an engagement key);
the arcuate rocker defines a plurality of receptacles for the engagement key, each of the plurality of receptacles disposed at a respective position corresponding to a respective bending angle (Fig. 2 shows the arcuate rocker defines a plurality of receptacles for engagement of key lock bolt 6 at respective positions; ¶[0024]); and
engaging the engagement key with one of the plurality of receptacles secures the bending angle stop to the arcuate rocker (¶[0024] discloses key lock bolt 6 is engage with one of the receptacles to secure the stop to the rocker).
Regarding claim 19, White anticipates the pipe bender of claim 12 as explained above. White further discloses a handle coupled to the bender head (Fig. 2 shows a handle coupled to the bender head).
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, 6-7 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over White in view of Chinese Patent Publication No. CN 111940565 A by Guo et al., hereinafter “Guo”.
Regarding claim 1, White discloses a pipe bender comprising:
a bender head comprising an arcuate rocker (the bender head shown in Fig. 2 comprises an arcuate rocker; ¶[0024]);
a bending angle stop (bending angle stop block 2 shown in Fig. 2), wherein at least a portion of the bending angle stop extends radially outward of the radial outer edge of the rocker (at least concave surface 8 shown in Fig. 1 extends radially outward of the radial outer edge of the rocker when block 2 is engaged with the bender head as shown in Fig. 2); and
a pin assembly slidably coupling the bending angle stop to the rocker (pin assembly lock bolt 6 in Fig. 1 slidably couples stop block 2 to the rocker of the bender head as shown in Fig. 2 when lock bolt 6 is threaded into block 2; ¶[0023])
White does not disclose from claim 1:
an arcuate aperture defined in the rocker disposed radially inward of a radial outer edge of the rocker; and
the pin assembly couples the bending angle stop to the rocker via the arcuate aperture.
In the same field of pipe benders, Guo teaches a pipe bending device shown in Figs. 1-4 with an arc-shaped hole 11 provided on main board 1 and a mechanical stop locking component 2 lockable at a scale groove 12 within the arc-shaped hole. Pipe 5 is held by limiting members 4 on rod bodies 3 which are rotatably connected to main board 1 by rotating assembly 7 at the rotational center of arc-shaped hole 11. Rod bodies 3 are then rotated to bend pipe 5 until they are mechanically stopped by locking assemblies 2. See paragraphs [0051] through [0062]. Fig. 5 shows locking assembly 2 comprises locking bolt 21 extending through arc-shaped hole 11 and locking nut 22 threaded thereon. The head of locking bolt 21 and locking nut 22 clamp the shaft of locking bolt 21 in scale grooves 12. The end of the shaft distal from the head of locking bolt 21 acts as the mechanical stop. The end of the shaft proximal to the head of locking bolt 21 acts as a pin coupling the mechanical stop distal end to main board 1 through arc-shaped hole 11. See paragraphs [0073] through [0075].
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to slidably couple White’s bending block 2 to White’s disclosed bender head using an arcuate aperture and pin assembly in the same way Guo teaches slidably coupling the distal end of locking bolt 21 to main board 1 using the proximal end of locking bolt 21 slidably coupled in arc-shaped hole 11. A person of ordinary skill would have recognized applying the teaching of Guo to White’s pipe bender would achieve the predictable result of mounting White’s bending block 2 on a pin assembly slidably engaged within an arc-shaped hole on White’s bender to couple block 2 to the bender head.
Regarding claim 6, the prior art reference combination of White in view of Guo renders the pipe bender of claim 1 unpatentable as explained above. Figs. 5 and 6 of White disclose a bending angle stop comprising wedge support 26. See paragraph [0029].
Regarding claim 7, when the teaching of Guo is applied to the pipe bender of White as explained in the rejection of claim 1 above,
the pin assembly comprises a pin having a first diameter (the shaft of Guo’s locking bolt 21 is a pin with a first diameter) and a cap disposed on an end of the pin and having a second diameter that is larger than the first diameter (the head of Guo’s locking bolt 21 is a cap with a diameter larger than the diameter of the shaft of locking bolt 21);
the arcuate aperture defines one or more recesses (Guo’s arc-shaped hole 11 with scale grooves 12 is an arcuate aperture defined with recesses), each of the one or more recesses disposed along the arcuate aperture and configured to receive the cap to secure a position of the pin assembly relative to the aperture (Fig. 5 shows scale grooves 12 receive the head of locking bolt 21 to secure it relative to arc-shaped hole 11).
Regarding claim 11, White anticipates the method of claim 8 as explained above. However, White is silent regarding sliding the pin assembly within the aperture is further to place a cap of the pin assembly within one of a plurality of recesses of the bender head, wherein the one of the plurality of recesses corresponds to the desired location.
Guo teaches it was known before the effective filing date of the claimed invention to slide the pin assembly of a pipe bender bending angle stop within the aperture of the bender head by placing a cap of the pin assembly within one of a plurality of recesses of the bender head, wherein the one of the plurality of recesses corresponds to the desired location. The head of locking bolt 21 in Fig. 5 of Guo is placed within one of the scale grooves 12 at a desired location. It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to use the cap end head of White’s spring loaded locking pin as a means of securing the spring loaded locking pin in the holes of the bender head in the same way Guo teaches. A person of ordinary skill would have recognized applying the teaching of Guo to the method disclosed by White would achieve the predictable result of using the cap end head of White’s spring loaded locking pin to secure it in the bender head calibration hole.
Claims 2-4 are rejected under 35 U.S.C. 103 as being unpatentable over White in view of Guo and further in view of U.S. Patent Application Publication No. US 2021/0031254 A1 by Pearson et al., hereinafter “Pearson”.
Regarding claim 2, the prior art reference combination of White in view of Guo renders the pipe bender of claim 1 unpatentable as explained above. White further discloses the rocker comprises two parallel sidewalls, extending to the radial outer edge of the rocker, the two parallel sidewalls being configured to receive a pipe between the two sidewalls (see “Sidewalls” annotation to Fig. 2 of White reproduced below).
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When the teaching of Guo is applied to White’s pipe bender as explained in the rejection of claim 1 above, arcuate aperture 11 taught by Guo would be applied to the sidewall of White which receives pin locking bolt 6 shown in Figs. 1 and 2 so that the pin assembly would slide therethrough when bending block 2 of White is adjusted along the arcuate rocker. However, the prior art reference combination of White in view of Guo does not expressly teach placing an arcuate aperture 11 in both Sidewalls of White.
In the same field of pipe benders, Pearson teaches pipe bender 10 in Fig. 1 with bender head 16 having arcuate rocker channel 20. See paragraphs [0055] and [0056]. Angle setter 12 has ribs 52 and 54 on either side (Fig. 15) which engage aperture grooves 42 and 44 (Fig. 8) within the sidewalls of rocker channel 20 to hold setter 12 in place. See paragraphs [0057] and [0058].
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Guo’s arcuate aperture 11 into each of White’s Sidewalls and extend the slidable pin assembly through both apertures to provide means for securing both sides of White’s bending block 2 through apertures in both sidewalls in the same way Pearson teaches. A person of ordinary skill would have recognized applying the teaching of Pearson to the pipe bender of White as modified by Guo would achieve the predictable result of having an arcuate aperture in both Side Walls of White’s bender head.
Regarding claim 3, the prior art reference combination of White in view of Guo and further in view of Pearson renders the pipe bender of claim 2 unpatentable as explained above. White further discloses the bending angle stop is disposed between the first sidewall and the second sidewall. Figs 5 and 6 show an embodiment of White’s bending block including support 26 which is configured to be received in the arcuate trough between the Sidewalls of the arcuate rocker. See paragraph [0029].
Regarding claim 4, the prior art reference combination of White in view of Guo and further in view of Pearson renders the pipe bender of claim 2 unpatentable as explained above. When the teaching of Guo and Pearson are applied to the Sidewalls of White’s bender head as explained above, the pin assembly extends through arcuate apertures 11 in each of Sidewall and through bending angle stop block 2.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over White in view of Guo.
Regarding claim 18, White anticipates the pipe bender of claim 12 as explained above. However, White does not disclose:
the arcuate rocker defines an arcuate aperture; and
the bending angle stop is movably couple to the arcuate rocker via the arcuate aperture.
In the same field of pipe benders, Guo teaches a pipe bending device shown in Figs. 1-4 with an arc-shaped hole 11 provided on main board 1 and a mechanical stop locking component 2 lockable at a scale groove 12 within the arc-shaped hole. Pipe 5 is held by limiting members 4 on rod bodies 3 which are rotatably connected to main board 1 by rotating assembly 7 at the rotational center of arc-shaped hole 11. Rod bodies 3 are then rotated to bend pipe 5 until they are mechanically stopped by locking assemblies 2. See paragraphs [0051] through [0062]. Fig. 5 shows locking assembly 2 comprises locking bolt 21 extending through arc-shaped hole 11 and locking nut 22 threaded thereon. The head of locking bolt 21 and locking nut 22 clamp the shaft of locking bolt 21 in scale grooves 12. The end of the shaft distal from the head of locking bolt 21 acts as the mechanical stop. The end of the shaft proximal to the head of locking bolt 21 acts as a pin coupling the mechanical stop distal end to main board 1 through arc-shaped hole 11. See paragraphs [0073] through [0075].
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to slidably couple White’s bending block 2 to White’s disclosed bender head using an arcuate aperture and pin assembly in the same way Guo teaches slidably coupling the distal end of locking bolt 21 to main board 1 using the proximal end of locking bolt 21 slidably coupled in arc-shaped hole 11. A person of ordinary skill would have recognized applying the teaching of Guo to White’s pipe bender would achieve the predictable result of mounting White’s bending block 2 on a pin assembly slidably engaged within an arc-shaped hole on White’s bender to couple block 2 to the bender head.
Claim 20 is rejected under 35 U.S.C. 103 as being anticipated by White in view of Pearson.
Regarding claim 20, White anticipates the pipe bender of claim 12 as explained above. However, White silent about materials used to construct the bender head shown in Fig. 2 and the bending angle stop block shown in the drawings.
In the same field of pipe benders, paragraph [0062] of Pearson discloses bender head 16 is made of suitable metal and angle setter 12 may be made of any suitable material, and gives an example of a suitable elastomer. This disclosure expressly teaches making angle setter 12 from a material different from that of bender head 16. It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to choose a suitable metal as the suitable material in making White’s bending angle stop block where the suitable metal of the block is different from that of the metal in making the bender head shown in Fig. 2 of White as Pearson teaches.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 PAUL DEREK PRESSLEY whose telephone number is (313)446-6658. The examiner can normally be reached 7:30am to 3:30pm Eastern.
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/P.D.P./ Examiner, Art Unit 3725
/Christopher L Templeton/Supervisory Patent Examiner, Art Unit 3725