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
Applicant’s election of Species VIII and claims 1-13, 15-18 and 20 in the reply filed on 9/8/25 is acknowledged.
Claims 12, 14, 19 and 20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 9/8/25.
Claim 12 is being withdrawn as being directed to the embodiment of Figure 24 where the first axial end of the body includes a tapered entry and the top free edges of the wings taper inwardly to connect to a distal end of the tapered entry.
Claim 20 is being withdrawn as being directed to the embodiments of Figures 17-20 where the coupler has a tapered entry extending from the first open end and a cylindrical insertion passage extending from the tapered entry opposite the first open end with a greater internal width than the first open end.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the first and second conduits being connected to the coupler must be shown or the features canceled from claim 15. No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities:
Paragraph 107, line 6 – replace “616” with --828--.
Paragraph 148, line 4 – replace “49-41” with --39-41--.
Correction is required.
Claim Objections
Claim 11 is objected to because of the following informalities: Line 1 – add --first-- between “the” and “insertion direction”.
Correction is required.
Claim 15 is objected to because of the following informalities: Line 4 – replace “the coupler” with --the first conduit--.
Correction is required.
Claim 17 is objected to because of the following informalities: Line 4 – add --second-- between “the” and “conduit”.
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)(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.
Claim(s) 1, 3-11, 13 and 15-18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Race, Jr, et al U.S. Patent No. 2,746,772.
With regard to claim 1, and as shown in Figure 1 below, Race, Jr. et al disclose a coupler for joining conduit, the coupler comprising:
a body (at 1) defining an internal body passage that includes a first open end to receive a first conduit in a first axial insertion direction and a second open end to receive a second conduit in a second axial insertion direction opposite the first axial insertion direction; and
a tongue (at 7, column 2, lines 8 and 14-15) extending from a first axial end of the body in a tongue direction, opposite the first axial insertion direction, to provide a support surface (column 2, lines 27-30) that extends axially away from the first open end of the internal body passage in the tongue direction, including a landing surface at a bottom portion of the support surface and wings (at 9, 9) extending upwardly and laterally outwardly from the landing surface (as shown in Fig 2), the tongue extending around less than a full perimeter of the first open end (as shown in Fig 1) and the wings extending laterally wider than the first open end (as shown in Fig 2).
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With regard to claim 3, Race, Jr. et al disclose wherein the wings include a first wing (at 9) and a second wing (at 9) that extend symmetrically relative to one another (as shown in Figs 1 and 2).
With regard to claim 4, Race, Jr. et al disclose wherein the first wing (at 9) and the second wing (at 9) extend from the landing surface at an oblique angle relative to a tangent line at a bottom point on the landing surface (where the wings extend outwardly at an oblique angle from the landing surface).
With regard to claim 5, Race, Jr. et al disclose wherein the first and second wings (at 9, 9) are planar between free ends thereof and the landing surface (as shown in Fig 2).
With regard to claim 6, Race, Jr. et al disclose wherein a distance between a free end of a first wing of the wings and a free end of a second wing of the wings is greater than a diameter of the first open end (as shown in Fig 2 below).
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With regard to claim 7, Race, Jr. et al disclose wherein an inspection opening (as shown below) extends radially through an exterior wall that defines the internal body passage to provide visual access to at least one of the first and second conduit within the internal body passage (wherein the opening can be utilized to provide visual access to at least one of the conduits being inserted).
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With regard to claim 8, Race, Jr. et al disclose further comprising a tab (at 5) extending from the first open end in the tongue direction, on an opposite side of the first open end from the landing surface (as shown in Fig 1).
With regard to claim 9, Race, Jr. et al disclose wherein the landing surface extends farther in the tongue direction than the tab (as shown in Fig 1).
With regard to claim 10, Race, Jr. et al disclose wherein the landing surface extends co- radially with at least a bottom portion of the internal body passage at the first open end (as shown in Fig 3).
With regard to claim 11, Race, Jr. et al disclose wherein the wings taper inwardly, along the insertion direction, from distal ends thereof to connections between the wings and the first axial end of the body (as shown in Fig 2, where the wings taper inwardly to the connection between the wings and the first axial end of the body).
With regard to claim 13, Race, Jr. et al disclose wherein the landing surface is integral with the body (as shown in Fig 1, where the tongue is integral with the body and column 1, lines 8-10 where the tongue can be cast integrally with the body).
With regard to claim 15, and as shown in Figure 1 below, Race, Jr. et al disclose a method of connecting a first conduit to a second conduit, the method comprising:
connecting the first conduit (at 2) to a body of a coupler (at 1) by extending the first conduit into an internal body passage that is defined by the body, with the coupler inserted in a first axial insertion direction into a first open end of the internal body passage at a first axial end of the body, the body further including a second open end of the internal body passage at a second axial end of the body opposite the first axial end, the second open end defining a second axial insertion direction opposite the first axial insertion direction; and
connecting the second conduit (at 2, as shown in Fig 3) to the coupler by:
resting the second conduit on a landing surface of the coupler (as shown in Fig 3) that is included on a tongue (at 7, column 2, lines 8 and 14-15) that extends from the second axial end of the body in a tongue direction that is opposite the second axial insertion direction (column 2, lines 30-39); and
moving the second conduit from the landing surface in the second axial insertion direction, to extend the second conduit into the internal body passage of the coupler at the second open end (as shown in Fig 3),
the second conduit being guided to one or more of the landing surface or the second open end by wings (at 9, 9, column 2, lines 27-30) of the coupler that extend upwardly from the landing surface and laterally outwardly from the landing surface to be laterally wider than the second open end (as shown in Fig 2).
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With regard to claim 16, Race, Jr. et al disclose wherein the second conduit (at 2) is guided from the landing surface to the second open end by a tab (at 5, column 2, lines 4-7) extending from the second open end in the tongue direction, on an opposite side of the second open end from the landing surface (as shown in Fig 1).
With regard to claim 17, Race, Jr. et al disclose wherein a width between the wings (at 9, 9) tapers from a top to bottom perspective (as shown in Fig 2 where the wings taper outwardly from the second insertion direction), so that one or more of the wings guide the second conduit from a laterally offset alignment relative to the second open end toward a centered alignment relative to the second open end as the conduit is lowered onto the one or more of the wings from the laterally offset alignment (column 2, lines 27-30).
With regard to claim 18, Race, Jr. et al disclose wherein the width between wings (at 9, 9) tapers from a perspective along the second insertion direction (as shown in Fig 1 where the wings taper towards the second open end), so that one or more of the wings guide the second conduit from the laterally offset alignment toward the centered alignment as the conduit is moved in the second insertion direction from the laterally offset alignment (column 2, lines 27-30).
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.
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Race, Jr. et al.
With regard to claim 2, Race, Jr. et al disclose wherein the tongue extends from the first open end (as shown above) but do not expressly disclose that the tongue extends by at least 10% of an axial length of the body.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the tongue extend by at least 10% of an axial length of the body with a reasonable expectation of success to provide enough alignment for the connecting conduit, because a change in the size of a prior art device is a design consideration within the skill of the art (In re Rose, 220 F.2d 459, 105 USPQ 237 (CCPA 1955)) and since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. Further, it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
Conclusion
The prior art made of record and not relied are examples of couplers with a body and a tongue extending from the body.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FANNIE KEE whose telephone number is (571)272-1820. The examiner can normally be reached 8am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Matthew Troutman can be reached at 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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/F.K./Examiner, Art Unit 3679
/Matthew Troutman/Supervisory Patent Examiner, Art Unit 3679
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