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 .
Election/Restrictions
Claims 18-33 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 6/18/2026.
Applicant’s election without traverse of Group I, claims 1-17 in the reply filed on 6/18/2026 is acknowledged.
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 16-17 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 16 recites the limitation "the machine" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 17 depends from a rejected base claim, incorporates the indefinite language though dependency and is rejected for the same reasons as the base claim.
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.
Claim 16 and 17 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Hager et al. [US2020/0308801].
Hager discloses a boom enabling manipulation of a pipe fusion machine tool from a horizontal platform of the machine, the boom comprising: left and right mirrored parallel linkages (arm assemblies 110a, 110b) on opposite sides of and equidistant from a Y-axis through the platform, rear portions of said linkages (110) being pivotally mountable on the platform for rotation on a first common X-axis rearward of said Y-axis (Figure 5), said left and right linkages (110a, 110b) being configured to simultaneously adjust elevations and distances of free ends of said left and right linkages with said free ends aligned on a second common X-axis forward of the machine (Figure 5; paragraph 0035).
With respect to claim 17, Hager discloses each said linkage comprising (110) an articulator (112) and a knuckle with an extender therebetween, said articulator being pivotally mounted on the platform, said extender being mounted for reciprocal longitudinal motion relative to a forward portion of said articulator and said knuckle being pivotally mounted on a free end of said extender (Figures 5-6; paragraph 0035).
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.
Claims 1 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Mauz [DE102011012198, machine translation provided] in view of Yao [CN200974980, machine translation provided].
Mauz discloses a pipe fusion machine comprising: a pair of tracks supporting a chassis; a horizontal turntable mounted for reversible rotation relative to said chassis; and a boom pivotally attached and extending forwardly of a front of, said turntable, said boom enabling manipulation of elevations and distances of a free end thereof beyond a footprint of said tracks, said free end of said boom adapted for pivotal mounting thereon of a pipe fusion tool (Figure 1-2; paragraphs 0001, 0011, 0019, 0031).
Mauz discloses a conventional excavator but does not disclose mounting the boom at a rear of the chassis.
Yao discloses an excavator, and shows multiple embodiments including embodiments with a rear mounted pivotally attached boom extending forwardly in front of a turntable (Figures 34-35). Yao shows front and rear mounted booms as alternative configurations (see Figures).
It would have been obvious to one of ordinary skill in the art at the time of invention to modify the device of Mauz by pivotally mounting a boom at the rear of the chassis as taught by Yao in order to configure the excavator for improved functionality, and as a substation of known alternative configurations would have been within the ability of one of ordinary skill.
With respect to claim 7, Mauz and Yao both disclose a turntable that would be capable of reversible rotation of said horizontal turntable being unlimited.
Claims 2-3 and 8-13 are rejected under 35 U.S.C. 103 as being unpatentable over Mauz, Yao, and further in view of Bortoli [US2006/0249557].
Mauz as modified discloses a pipe fusion machine. Applicant is referred to paragraph 9 for a detailed discussion of Mauz as modified by Yao. Mauz discloses a pipe connection tool, but fails to disclose an indexer as recited in claim 2.
Bortoli discloses a pipe fusion tool comprising an indexer (16) articulable on said free end of said boom and supporting a pipe-end facer (34) and a pipe-end heater (33) for independent orientation into and out of alignment with the ends of pipes to be fused (paragraph 0065-67).
It would have been obvious to one of ordinary skill in the art at the time of invention to modify the device of Mauz to include the indexer as taught by Bortoli in order to improve the operation of the pipe joining process and improve the quality of the final pipe connection made by the device.
With respect to claim 3, Bortoli discloses a carriage removably rigidly connectible to said indexer for articulation in unison therewith, Mauz discloses a carriage supporting fixed and sliding jaws adapted to grip the ends of pipes to be fused for relative reciprocal movement of one end of a pipe toward and away from an end of a pipeline during a pipe fusion process (Figure 2; paragraphs 0032).
With respect to claim 8, Mauz fails to disclose the heater as required by the claim. Bortoli discloses a heater adapted for fusing two opposing ends of polyolefin pipe; a hydraulic generator motor adapted to actuate a generator; a supply of hydraulic fluid; a hydraulic pump adapted to receive said supply of hydraulic fluid at a first flow and distribute said supply of hydraulic fluid at a second flow; a generator valve adapted to receive said hydraulic fluid at said second flow and meter said fluid at a hydraulic fluid flow sufficient to run said hydraulic generator motor at a constant desired speed; a generator adapted to be actuated by said hydraulic generator motor in order to produce sufficient electric energy to maintain said heater at least at a temperature sufficient to fuse said two opposing ends of said polyolefin pipe (paragraphs 0051-54, 0065-67). It would have been obvious to one of ordinary skill in the art at the time of invention to modify the device of Mauz to include the heater and hydraulic system as taught by Bortoli in order to quickly and efficiently connect the pipe end onsite.
With respect to claim 9, Bortoli discloses the hydraulic pump is driven by a motor and wherein said motor powers a power take off (PTO) and said hydraulic pump is driven by said PTO of said motor (paragraphs 0051-54, 0065-67).
With respect to claim 10, Bortoli discloses said hydraulic pump is mounted to said PTO of said motor. (paragraphs 0051-54, 0065-67).
With respect to claim 11, Bortoli discloses the motor is adapted to run at variable speeds; and, said hydraulic generator motor adapted to run at said constant desired speed to actuate said generator in order to produce sufficient electric energy to maintain said heater at least at a temperature sufficient to fuse said two opposing ends of said polyolefin pipe regardless of the speed of said motor (paragraphs 0051-54, 0065-67).
With respect to claim 12, Bortoli discloses said motor, said hydraulic pump, said generator valve, said hydraulic generator motor, and said generator are mounted to said turntable (paragraphs 0051-54, 0065-67).
With respect to claim 13, Bortoli discloses said generator is in direct electrical communication with said heater (paragraphs 0051-54, 0065-67).
Claims 4-6 are rejected under 35 U.S.C. 103 as being unpatentable over Mauz, Yao, Bortoli and further in view of Lawrence [US2019/0351625].
Mauz as modified discloses a pipe fusion machine. Applicant is referred to paragraph 9 for a detailed discussion of Mauz as modified. Mauz discloses a pipe fusion machine with jaws, but fails to disclose all of the claimed details of the jaws.
Lawrence discloses a machine with jaws comprising an upper half jaw (61) with a semi-cylindrical inner surface (paragraph 0042); lower left and right quarter jaws (63, 65) each with an inner surface of radius equal to a radius of said semi-cylindrical inner surface (paragraph 0042); and left and right links, each said link being pivotally engaged at an upper end thereof to a corresponding lower portion of said upper half jaw and pivotally engageable at a lower end thereof with a corresponding quarter jaw, whereby said upper jaw inner surface and said corresponding lower quarter jaw inner surfaces cooperate to conform to the outer surface of a pipe having an outer surface of radius equal to said half jaw radius as the pipe is being gripped thereby (Figures 3-5).
It would have been obvious to one of ordinary skill in the art at the time of invention to modify the device of Mauz by including the jaws as taught by Lawrence in order to improve grip of pipes with varying sizes of diameters.
With respect to claim 5, Lawrence discloses each of said jaws further comprising an actuator co-operable with a respective said link for selectively manipulating said quarter jaw between open and closed positions (Figures 3-5; paragraphs 0051-52).
With respect to claim 6, Lawrence discloses each of said jaws further comprising: an upper half jaw insert having an outer radius equal to said radius of said semi-cylindrical inner surface and an inner radius less than said inner radius of said semi-cylindrical inner surface; and replacement lower left and right quarter jaws each with an inner surface of radius equal to an inner radius of said upper half jaw insert; whereby said inner surface of said upper jaw insert and said corresponding inner surfaces of said lower quarter jaw replacement cooperate to conform to the outer surface of a pipe having an outer surface of radius less than said radius of the pipe being gripped (Figure 7; paragraphs 0046-47).
Claims 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Mauz, Yao, and further in view of Hager.
Mauz discloses a pipe fusion machine comprising: a horizontal chassis mounted on independently reversible drive tracks, said chassis being symmetrical with respect to an X-Z plane centered between said tracks; a horizontal platform mounted above said chassis for reversible rotation about a Y-axis of said X-Z plane (Figure 1-2; paragraphs 0001, 0011, 0019, 0031).
Applicant is referred to paragraph 9 for a detailed discussion of Mauz as modified by Yao to include a rear mounted boom.
Mauz as modified does not disclose the left and right parallel linkages. Hager discloses a boom comprising left and right parallel linkages mirrored on opposite sides of and equidistant from said Y-axis, rear portions of said linkages being pivotally mounted on the platform for rotation on a first common X-axis rearward of said Y- axis, said left and right linkages being configured to simultaneously adjust elevations and distances of free ends thereof with said free ends aligned on a second common X-axis forward of said Y-axis and extending beyond a footprint of said tracks and chassis (Figure 5; paragraph 0035).
It would have been obvious to one of ordinary skill in the art at the time of invention to further modify the device of Mauz to include the left and right parallel linkage as taught by Hager in order to improve the stability and control of the tool to be mounded on the boom.
With respect to claim 15, Hager discloses each said linkage comprising (110) an articulator (112) and a knuckle with an extender therebetween, said articulator being pivotally mounted on the platform, said extender being mounted for reciprocal longitudinal motion relative to a forward portion of said articulator and said knuckle being pivotally mounted on a free end of said extender (Figures 5-6; paragraph 0035).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL MCNALLY whose telephone number is (571)272-2685. The examiner can normally be reached M-F 9-5.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Orlando can be reached at 571-270-5038. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DANIEL MCNALLY/Primary Examiner, Art Unit 1746
DPM
September 21, 2026
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