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 Arguments
Applicant’s arguments, see pages 10-12, filed October 27, 2025, with respect to the rejection(s) of claim(s) 1-20 under 35 U.S.C. 112 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Kramer et al.
Claim Objections
Claim 1 is objected to because of the following informalities: the claim appears to include the first jaw assembly and a second jaw assembly as structure of the press tool [i.e. the first and second jaws assembly defines structure of the press tool], however based on the preamble of the claim setting forth the claim is directed to a press tool assembly it is believed that the press tool assembly is comprised of a press tool, a first jaw assembly, a second jaw assembly and a press ring wherein the first and second jaws assemblies are not structure of the press tool. This interpretation is supported with the limitation “jaw assembly configured to be selectively coupled [selectively and interchangeably] coupled to the clevis”. Thus for examination purposes the claim is being interpreted as stated above. Appropriate correction is required.
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 15-20 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.
With regards to claim 15, there appears to be insufficient antecedent basis for the limitation “the press tool” first found in line 3. It is further noted that the limitation “press tool assembly” does not provide antecedent basis for a press tool.
With regards to claim 20, the claim states “wherein the press tool includes…” this renders the claim indefinite since claim 15, from which claim 20 depends, fails to positively recited a press tool, therefore the wherein clause appears to be defining an element not positively recited within the claim. It is unclear if the press tool and the associated structure thereof are required within the claim. Clarification and/or correction is required.
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)(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(s) 1-20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Kramer et al (US 2024/0300002).
In reference to claim 1, Kramer et al discloses a press assembly configured to crimp a fitting (38) to a pipe, the press tool assembly comprising
a press tool (12) including
a housing
a drive unit (10) supported within the housing [see paragraph 46],
a clevis (22) coupled to the housing and extending therefrom [see figure 1],
a trigger configured to selectively activate the drive unit to initiate a crimping operation [see paragraph 0046],
a first jaw assembly (46) configured to be selectively coupled to the clevis and having a first jaw (16) defining a first clamping portion and a second jaw (16) defining a second clamping portion, the first jaw and the second jaw being pivotable between an open configuration, where the first clamping portion (30) are separated from each other by a first distance (A3} [see figure 3A], and a closed configuration, where the first clamping portion and the second clamping portion are separated from each other by a second distance (A5) that is less than the first distance [see figure 3B; paragraph 0053], and
a second jaw assembly (44) configured to be selectively and interchangeably coupled to the clevis in place of the first jaw assembly, the second jaw assembly having a third jaw (16) defining a third clamping portion (30) and a fourth jaw (16) defining a fourth clamping portion (30), the third jaw and the fourth jaw being pivotable between an open configuration, wherein the third clamping portion and the fourth clamping portion are separated from each other by a third distance (B3) that is greater than the first distance (A3) [see figures 2A & 3A], and a closed configuration, where the third clamping portion and the four the clamping portion are separated from each other by a fourth distance (A5) that is less than the third distance (B3) [see figure 3B; paragraph 0050], and
a press ring (48) having a plurality of links pivotably coupled to each other and configured to surround the fitting, the press ring having a first receiving portion defined in a first link and a second receiving portion defined in a second link, the first and second receiving portions configured to respectively receive the first and second clamping portions of the first jaw assembly (46) [see figures 3A & 3B], the press ring movable between an open configuration, wherein the first and second receiving portions ae separated by a first width [see figure 3A], and a closed configuration, where the first and second receiving portions are separated by a second width less than the first width [see figure 3B],
wherein the fourth distance (B5) is greater than the first width so that the third and fourth clamping portions are unable to engage the first and second receiving portions when the second jaw assembly (44) is coupled to the clevis and is in the closed configuration [see paragraph 0054].
In reference to claim 2, the press ring is a first press ring (48), and wherein the press tool assembly further comprises a second press ring (14) having a plurality of links (34) pivotably coupled to each other and configured to surround the fitting (38), wherein the second press ring (14) has a third receiving portion defined by a first link (34) of the second press ring and a fourth receiving portion defined in a second link (34) of the second press ring (14), wherein the third and fourth receiving portions are configured to respectively receive the third and fourth clamping portions of the second jaw assembly (44) when coupled to the clevis [see paragraph 0050].
In reference to claim 3, the second press ring is movable between an open configuration, where the third and fourth receiving portions are separated by a third width (42), and a closed configuration, where the third and fourth receiving portions are separated by a fourth width, and wherein the third width is greater than the first distance of the first jaw assembly (46) so that first and second clamping portions are unable to engage with the third and fourth receiving portions, respectively, when the first jaw assembly is coupled to the clevis and in the open configuration [see paragraph 0052].
In reference to claim 4, the first, second, third, and fourth receiving portions are defined by a recess having an innermost portion and an outermost edge, wherein the first width and the second width are each defined between the innermost portion of the first and second receiving portions, and wherein the third width and the fourth width are each defined between the outermost edge of the third and fourth receiving portions [see figures 2A & 3A].
In reference to claim 5, the first and second receiving portions are each defined as a recess having a first radius of curvature [see figure 3A], the third and fourth receiving portions are each defined as a recess having a second radius of curvature [see figure 2A], the first and second clamping portions are each defined as protrusions having a first radius, and the third and fourth clamping portions are each defined as protrusions having a second radius [see figures 2A & 3A].
In reference to claim 6, the first radius is less than the second radius, wherein the first radius of curvature is less than the second radius of curvature, and wherein the second radius is greater than the first radius of curvature such that the third and fourth clamping portions visually alert the operator that the third and fourth clamping portions are unable to engage with the first and second receiving portions when the second jaw assembly is coupled to the clevis.
In reference to claim 7, the first radius is less than the second radius of curvature such that the first and second clamping portions visually alert the operator that the first and second clamping portions are unable to engage with the third and fourth receiving portions when the first jaw assembly is coupled to the clevis.
In reference to claim 8, Kramer et al discloses a press assembly configured to crimp a fitting (38) to a pipe, the press tool assembly comprising
a press tool (12) including
a housing
a drive unit (10) supported within the housing [see paragraph 46],
a clevis (22) coupled to the housing and extending therefrom [see figure 1],
a trigger configured to selectively activate the drive unit to initiate a crimping operation [see paragraph 0046],
a first jaw assembly (46) configured to be selectively coupled to the clevis and having a first jaw (16) defining a first clamping portion and a second jaw (16) defining a second clamping portion, the first jaw and the second jaw being pivotable between an open configuration, where the first clamping portion (30) are separated from each other by a first distance (A3} [see figure 3A], and a closed configuration, where the first clamping portion and the second clamping portion are separated from each other by a second distance (A5) that is less than the first distance [see figure 3B; paragraph 0053], and
a first press ring (48) having a plurality of links pivotably coupled to each other and configured to surround the fitting, the press ring having a first receiving portion defined in a first link and a second receiving portion defined in a second link, the first and second receiving portions configured to respectively receive the first and second clamping portions of the first jaw assembly (46) [see figures 3A & 3B], the press ring movable between an open configuration, wherein the first and second receiving portions are separated by a first width [see figure 3A], and a closed configuration, where the first and second receiving portions are separated by a second width less than the first width [see figure 3B],
a second press ring (14) having a plurality of links (34) pivotably coupled to each other and configured to surround the fitting (38) in place of the first press ring, the second press ring (14) has a third receiving portion defined in a first link (34) and a fourth receiving portion defined in a second link (34), the second press ring movable between an open configuration where the third and fourth receiving portions are separated by a third width and a closed configuration where the third and fourth receiving portions are separated by a fourth width,
wherein the third width is greater than the first distance such that the first and second clamping portions are unable to engage with the third and fourth receiving portions of the second press ring [see paragraph 0052].
In reference to claim 9, the first, second, third, and fourth receiving portions are defined by a recess having an innermost portion and an outermost edge, wherein the first width and the second width are each defined between the innermost portion of the first and second receiving portions, and wherein the third width and the fourth width are each defined between the outermost edge of the third and fourth portions [see figures 2A & 3A].
In reference to claim 10, the first jaw assembly (44) is integrated with the clevis of the press tool [it is noted that when the jaw assembly is coupled to the clevis it is considered to be integrated therewith].
In reference to claim 11, the first jaw assembly is removably coupled to the clevis of the press tool [see paragraph 0053].
In reference to claim 12, the first and second receiving portions are each defined as a recess having a first radius of curvature [see figure 3A], the third and fourth receiving portions are each defined as a recess having a second radius of curvature [see figure 2A], the first and second clamping portions are each defined as protrusions having a first radius, and the third and fourth clamping portions are each defined as protrusions having a second radius [see figures 2A & 3A].
In reference to claim 13, the first radius is less than the second radius, wherein the first radius of curvature is less than the second radius of curvature, and wherein the second radius is greater than the first radius of curvature such that the third and fourth clamping portions visually alert the operator that the third and fourth clamping portions are unable to engage with the first and second receiving portions when the second jaw assembly is coupled to the clevis.
In reference to claim 14, the first radius is less than the second radius of curvature such that the first and second clamping portions visually alert the operator that the first and second clamping portions are unable to engage with the third and fourth receiving portions when the first jaw assembly is coupled to the clevis.
In reference to claim 15, Kramer et al discloses a press assembly configured to crimp a fitting (38) to a pipe, the press tool assembly comprising
a first jaw assembly (46) configured to be selectively coupled to the clevis and having a first jaw (16) defining a first clamping portion and a second jaw (16) defining a second clamping portion, the first jaw and the second jaw being pivotable between an open configuration, where the first clamping portion (30) are separated from each other by a first distance (A3} [see figure 3A], and a closed configuration, where the first clamping portion and the second clamping portion are separated from each other by a second distance (A5) that is less than the first distance [see figure 3B; paragraph 0053], and
a second jaw assembly (44) configured to be selectively and interchangeably coupled to the clevis in place of the first jaw assembly, the second jaw assembly having a third jaw (16) defining a third clamping portion (30) and a fourth jaw (16) defining a fourth clamping portion (30), the third jaw and the fourth jaw being pivotable between an open configuration, wherein the third clamping portion and the fourth clamping portion are separated from each other by a third distance (B3) that is greater than the first distance (A3) [see figures 2A & 3A], and a closed configuration, where the third clamping portion and the four the clamping portion are separated from each other by a fourth distance (A5) that is less than the third distance (B3) [see figure 3B; paragraph 0050], and
a press ring (48) having a plurality of links pivotably coupled to each other and configured to surround the fitting, the press ring having a first receiving portion defined in a first link and a second receiving portion defined in a second link, the first and second receiving portions configured to respectively receive the first and second clamping portions of the first jaw assembly (46) [see figures 3A & 3B], the press ring movable between an open configuration, wherein the first and second receiving portions are separated by a first width [see figure 3A], and a closed configuration, where the first and second receiving portions are separated by a second width [see figure 3B],
a second press ring (14) having a plurality of links (34) pivotably coupled to each other and configured to surround the fitting (38) in place of the first press ring, the second press ring (14) has a third receiving portion defined in a first link (34) and a fourth receiving portion defined in a second link (34), the second press ring movable between an open configuration where the third and fourth receiving portions are separated by a third width and a closed configuration where the third and fourth receiving portions are separated by a fourth width,
wherein the first distance is less than the third width so the first and second clamping portions are unable to engage the third and fourth receiving portions of the second press rung when the first assembly is coupled to the press tool, and
wherein the fourth distance is greater than the first width such that the third and fourth clamping portions are unable to engage with the first and second receiving portions of the first press ring when the second jaw assembly is coupled to the press tool.
In reference to claim 16, the first, second, third, and fourth receiving portions are defined by a recess having an innermost portion and an outermost edge, wherein the first width and the second width are each defined between the innermost portion of the first and second receiving portions, and wherein the third width and the fourth width are each defined between the outermost edge of the third and fourth portions [see figures 2A & 3A].
In reference to claim 17, the first and second receiving portions are each defined as a recess having a first radius of curvature [see figure 3A], the third and fourth receiving portions are each defined as a recess having a second radius of curvature [see figure 2A], the first and second clamping portions are each defined as protrusions having a first radius, and the third and fourth clamping portions are each defined as protrusions having a second radius [see figures 2A & 3A].
In reference to claim 18, the first radius is less than the second radius, wherein the first radius of curvature is less than the second radius of curvature, and wherein the second radius is greater than the first radius of curvature such that the third and fourth clamping portions visually alert the operator that the third and fourth clamping portions are unable to engage with the first and second receiving portions when the second jaw assembly is coupled to the clevis.
In reference to claim 19, the first radius is less than the second radius of curvature such that the first and second clamping portions visually alert the operator that the first and second clamping portions are unable to engage with the third and fourth receiving portions when the first jaw assembly is coupled to the clevis.
In reference to claim 20, a drive unit (10) [see paragraph 46], a clevis (22) configured to removably receive the first jaw assembly or the second jaw assembly, and a trigger configured to selectively activate the drive unit to initiate a crimping operation [see paragraph 0046].
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 Debra Sullivan whose telephone number is (571)272-1904. The examiner can normally be reached Monday-Friday 8am-4:30pm EST.
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, Chris Templeton can be reached on (571) 270-1477. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/Debra M Sullivan/
Primary Examiner, Art Unit 3725
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Debra Sullivan whose telephone number is (571)272-1904. The examiner can normally be reached Monday-Friday 8am-4:30pm EST.
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, Chris Templeton can be reached on (571) 270-1477. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/Debra M Sullivan/
Primary Examiner, Art Unit 3725
Prosecution Insights