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) 1-2, 4-6, 8, 10, 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gertz 7,374,212 in view of Viegener 2005/0248152.
In regard to claims 1, 5, 10, Gertz discloses a fitting 42 for connecting a selected one of pipes 70 having a range of outer diameters between a maximum diameter and a minimum diameter, comprising:
a support body 42 having an inner surface defining a fluid passage-and an outer thread around one end of said support body; a washer 30 adapted to fit over said selected pipe 70; a gasket 28 adapted to fit over said selected pipe and between an end face 24 of said support body and said washer 30;
a grip ring 32 encircling said selected pipe 70 with said gasket 28 and washer 30 between said grip ring 32 and said support body end 24, said grip ring including a spine 32 substantially encircling said selected pipe; and
a fitting nut 34 encircling said grip ring 32, washer 30 and gasket 28, said fitting nut having an inner thread threaded onto said support body outer thread, and an annular flange extending radially inwardly from an end of the fitting nut remote from the support body, wherein said grip ring, washer and gasket are between said support body one end and said fitting nut annular flange; wherein threading said fitting nut inner thread onto said support body outer thread draws said fitting nut annular flange toward said washer and causes the fitting nut to translate axially toward the end of the select pipe 44 over which it is secured,
wherein said grip ring 32 has an outer diameter and said fitting nut includes an axial groove (sloped surface of 34 in contact with 32) around the interior of the fitting nut end remote from the support body with said grip ring outer diameter received in said fitting nut axial groove.
Gertz discloses a grip ring with a spine 32 and two legs extending from either end of the spine for making contact with the pipe 70 wall wherein the gripper teeth when biased inward grip the selected pipe (the sloped surface of 34 in contact with 32 would cause the teeth in the legs to bite into the pipe wall), but does not disclose supplying the two legs with notches and gripper teeth. Viegener teaches that providing a grip ring 10’ (see fig. 3a) with a spine 22 and legs 20 extending from either end of the spine, where the legs include notches and gripper teeth 21, in order to better facilitate the teeth’s ability to dig into the material of the pipe wall, (see paragraph 30 of Viegener) is common and well known in the art. Therefore it would have been obvious to one of ordinary skill in the art to modify the legs of Gertz to include notches and teeth, as taught by Viegener, in order to all the grip ring of Gertz to better grip the pipe wall.
In regard to claim 2, wherein said fitting nut 34 annular flange has an inner diameter less than the outer diameter of the grip ring spine (the innermost surface of 34 is radially inward of spine 32).
In regard to claim 4, wherein said support body inner surface includes a transition surface 52 tapered axially from a first diameter to a second diameter, said second diameter being larger than said first diameter with said tapered transition surface second diameter being nearer said fitting nut annular flange than said tapered transition surface first diameter.
In regard to claim 6, wherein said washer 30 has a central opening having a diameter less than an outer diameter of the grip ring (see fig. 9).
In regard to claims 8 and 13, wherein said support body main body section 42 is secured to a nipple 26.
Response to Arguments
Applicant's arguments filed 12/5/25 have been fully considered but they are not persuasive. Applicant argues that the prior rejection of Gertz in view of Viegener lacks any clear reference to the elements being referred to in Gertz or Viegener. The Examiner disagrees, as the rejection includes many reference numbers referring to the structural elements labeled in Gertz and Viegener.
The Applicant has argues that Gertz and Viegener would not render the claims as amended obvious, but has failed to provide any arguments as to why the claims are not obvious over Gertz in view Viegner. Therefore the rejection has been maintained.
Conclusion
THIS ACTION IS MADE FINAL. 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 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 on (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