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 .
Claim Rejections - 35 USC § 103
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 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.
Claim(s) 10,11,16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Flex Tend youtube video (EBAA Iron, Inc) (12 years ago).
Flex Tend video shows a method for accommodating differential movement, caused by
volumetric changes in a subgrade comprising
a) installing a first segment of plumbing (see left or right pipe in video)
b) wherein said first segment of plumbing has at least one end region;
c) wherein said at least one end region of said first segment of plumbing comprises at least one end opening;
d) installing a second segment of plumbing (see left or right pipe in video)
e) wherein said second segment of plumbing has at least one end region;
f) wherein said at least one end region of said second segment of plumbing comprises at least one end opening;
g) installing a flexible expansion joint (see middle expansion joint) having a first end region and a second end region;
h) connecting said first end region of said flexible expansion joint to said at least one end region of said first segment of plumbing;
i) connecting said second end region of said flexible expansion joint to said at least one end region of said second segment of plumbing;
j) wherein said first segment of plumbing is supported by said subgrade;
k) wherein said flexible expansion joint has a minimum functional offset and a maximum
functional offset;
l) installing said flexible expansion joint in a configuration so that said flexible expansion
joint is capable of accommodating an allowable movement upward of said first segment of plumbing;
m) wherein said at least one end opening of said at least one end region of said first segment of plumbing has a flow line elevation that is the lowest elevation of said at least one end opening of said at least one end region of said first segment of plumbing;
n) wherein said at least one end opening of said at least one end region of said second
segment of plumbing has a flow line elevation that is the lowest elevation of said at least one end opening of said at least one end region of said second segment of plumbing;
o) wherein said flow line elevation of said at least one end opening of said at least one end region of said first segment of plumbing and said flow line elevation of said at least one end opening of said at least one end region of said second segment of plumbing are configured to have an installed vertical offset comprised of the absolute value of the difference between said flow line elevation of said at least one end opening of said at least one end region of said first segment of plumbing and said flow line elevation of said at least one end opening of said at least one end region of said second segment of plumbing;
p) wherein, when said flow line elevation of said at least one end opening of said at least one end region of said first segment of plumbing is lower than or the same as said flow line elevation of said at least one end opening of said at least one end region of said second segment of plumbing, said installed vertical offset is greater than or equal to the sum of the absolute value of said minimum functional offset of said flexible expansion joint and the absolute value of said allowable movement upward of said first segment of plumbing;
q) wherein, when the flow line elevation of said at least one end opening of said at least one end region of said first segment of plumbing is higher than said flow line elevation of said at least one end opening of said at least one end region of said second segment of plumbing, said installed vertical offset is less than or equal to the difference between the absolute value of said maximum functional offset of said flexible expansion joint and the absolute value of said allowable movement upward of said first segment of plumbing; and
r) wherein said flexible expansion joint is in a more horizontal than vertical orientation such that the absolute value of the difference between said flow line elevation of said at least one end opening of said at least one end region of said first segment of plumbing and said flow line elevation of said at least one end opening of said at least one end region of said second segment of plumbing is less than the minimum horizontal distance between said at least one end opening of said at least one end region of said first segment of plumbing and said at least one end opening of said at least one end region of said second segment of plumbing; and wherein said subgrade. Flex Tend youtube video discloses the invention substantially as claimed (see images below). However, Flex Tend youtube video is silent about the plumbing being a drain-waste-vent plumbing portion of a plumbing system of a building and a movement upward of said first segment of plumbing is at least 0.5 inches and wherein the subgrade is at a location beneath the building or within 5 feet outside the building perimeter, has a potential vertical movement upward of said subgrade that is at least 1 inch. Having plumbing underneath a slab foundation within the subgrade underneath or within 5 feet outside of the building perimeter is old and well known. It would have been considered obvious to one of ordinary skill in the art before the effective filing date to modify the Flex tend youtube video to have the plumbing underneath a slab foundation within the subgrade underneath or within 5 feet outside of the building since such a modification is standard plumbing arrangement. Further it would be considered obvious to have the first segment to move upward at least .5 inches since such a modification would be would encompase a heave of about 1 inch.
Re claim 11, the expansion joint discloses a telescoping portion (see images below)
Re claim 16, it would be considered obvious to have the second segment to move upward at least .5 inches since such a modification would be would encompase a heave of about 1 inch.
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Allowable Subject Matter
Claims 12-15,17-22 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.
Claims 23-36 are allowed.
Response to Arguments
Applicant’s arguments with respect to claim(s) 10,11,16 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 SUNIL SINGH whose telephone number is (571)272-7051. The examiner can normally be reached M-Th 8-3, F 9-8 and 2nd Sat 11-7.
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/SUNIL SINGH/Primary Examiner, Art Unit 3678
SS 3/21/2026