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
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) 12-16 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over FI 87263 C, Zeidler.
In regards to claim 12, in Figures 1-4 and paragraphs detailing said figures, Zeidler discloses a clamping ring (5, 6) for a fitting for a pipe to be sealed from the outside, the clamping ring comprising: - a plurality of ring elements (28), and - a plurality of hinge elements (between adjacent 28s) for the pivotable connection of two ring elements in each case and - wherein the ring elements are designed to hold and/or fix a pipe to be inserted, - wherein the ring elements have a strip shape by means of the hinge elements and - wherein the ring elements have a flat shape or a laterally open ring shape, wherein the ring elements connected to each other by means of the hinge elements can be folded from a flat shape into a ring shape, and- wherein the ring elements have lateral surfaces (30) in the azimuthal direction, which are designed to taper inwards towards each other at least in sections in the radial direction. Zeidler does not disclose the clamping ring consisting of plastic. Applicant has failed to show criticality for a plastic clamping ring, and the Zeidler invention is fully capable of supporting a plastic clamping ring. Therefore, it 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 to provide a plastic clamping ring, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
In regards to claim 13, in Figures 1-4 and paragraphs detailing said figures, Zeidler discloses the ring elements have a partially cylindrical outer surface (after bending).
In regards to claim 14, in Figures 1-4 and paragraphs detailing said figures, Zeidler discloses the ring elements have a predetermined azimuthal length, so that by cutting the strip of hinge elements into strips with at least two different numbers of ring elements for at least two clamping rings for fittings with at least two different standard widths is possible.
In regards to claim 15, in Figures 1-4 and paragraphs detailing said figures, Zeidler discloses the ring elements have a seal seat at the end facing a seal (4) to be inserted.
In regards to claim 16, in Figures 1-4 and paragraphs detailing said figures, Zeidler discloses the ring elements are at least partially designed as retaining elements, and - the retaining elements have radially inwardly directed guiding elements for centring a pipe to be inserted.
In regards to claim 20, in Figures 1-4 and paragraphs detailing said figures, Zeidler discloses some of the ring elements are designed as retaining elements and some of the ring elements are designed as fixing elements.
Response to Arguments
Applicant's arguments filed 5/13/2026 have been fully considered but they are not persuasive.
Applicant argues that Zeidler does not disclose a plastic clamping ring. The Examiner neither agrees nor disagrees. The original disclosure recites, “…the described fittings and their components can also be made of a non-metallic material or plastic if the non-metallic material has sufficient properties for crimping and permanent connection to pipes.” Therefore, the Zeidler can be fabricated from plastic as claimed.
Allowable Subject Matter
Claims 17-19 and 21 are 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.
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 AARON M DUNWOODY whose telephone number is (571)272-7080. The examiner can normally be reached Monday - Friday 9:00 am - 6:00 pm.
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/AARON M DUNWOODY/Primary Examiner, Art Unit 3679
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