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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitations are: "moving mechanism configured to move" in claims 1, 12, and 18, and “rotation mechanism configure to rotate” in claim 2.
Because this claim limitation is being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it is being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. The specification calls for the moving mechanism to include a screw shaft attached to the wedge, wherein a female screw member engages the screw shaft and rotates around an axis of the screw shaft to move the screw shaft in a front-rear direction, and the rotation mechanism to include a push plate that moves in a front-rear direction, and a shaft that rotates around an axis of the shaft in interlocking with the movement of the push plate in a front-rear direction.
If applicant does not intend to have these limitation interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitations to avoid them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitations recite sufficient structure to perform the claimed function so as to avoid them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-6, 10, 12, 13, 18, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Wekwert et al. US 2020/0261959 A1. US 2020/0261959 A1 is a published patent application hereinafter to be referred to as the Wekwert patent.
Regarding claim 1, Wekwert discloses a tube expansion tool for expanding an end portion of a tube, comprising a moving mechanism (Wekwert – Drive Mechanism 34, FIG. 2) configured to move a wedge (Wekwert – 50, FIG. 2) in a front-rear direction (Wekwert Para [0091]: the drive mechanism (34) perform a cycle of axially extending and retracting the mandrel (50)); a plurality of jaws (Wekwert – Jaws 118, FIG. 5)(Wekwert Para [0071]: the working element 100 includes a plurality of jaws (118)) configured to mutually open radially outward when pushed by the wedge (Wekwert – 50) moving forward (Wekwert Para [0009]: a mandrel movable between a retracted position and an extended position, the mandrel engageable with the plurality of jaws to expand the jaws in response to movement of the mandrel from the retracted position toward the extended position.); a controller (Wekwert Para [0090]: The expansion tool 10 further includes a controller (not shown) configured to control operation of the expansion tool 10 (i.e., energize the motor 30 to rotate the drive mechanism (34) a predetermined number of cycles; expand the working element 100 a predetermined diameter, etc.).); and a switch configured to transmit an on-signal to the controller (Wekwert Para [0100]: the expansion tool 10 may include a switch to enable a user to manually switch between the normal operating mode, the cold operating mode, and the warm operating mode.; Para [0102]: by pushing a button or switch, wirelessly sending a command to the controller) when the switch is turned on, wherein when the controller receives the on-signal from the switch, the controller activates the moving to move the wedge (Wekwert – 50) (i) forward to a first advance position to open the plurality of jaws at a first opening angle, (ii) rearward to close the plurality of jaws, (iii) forward to a second advance position ahead of the first advance position to open the plurality of jaws at a second opening angle that is larger than the first opening angle, and (iv) rearward to close the plurality of jaws mechanism (Wekwert Para [0097]: the controller may also optimize performance of the expansion tool 10 by controlling the stroke length based on ambient temperature conditions.; Para [0092]: the mandrel (50) is movable from a retracted position to an extended position in a first time period T1 in response to operation of the motor 30 in the first direction. The mandrel (50) is movable from the extended position to the retracted position in a second time period T2 in response to operation of the motor 30 in the second direction.; Para [0099]: In some embodiments, the controller may similarly initiate a warm temperature operating mode if the ambient temperature is above a second predetermined threshold temperature (e.g., 80 degrees Fahrenheit). In the warm operating mode, the controller increases the amount that the jaws (118) expand by about 1 mm by increasing the forward travel of the mandrel (50).).
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It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the controller of the tube expansion tool to activate the moving mechanism to move forward to a second advance position ahead of the first advance position to open the plurality of jaws at a second opening angle that is larger than the first opening angle, as taught by Wekwert, given that a change in environment temperature affects the performance of the tube material being expanded and thus the tube expansion tool will adjust its operation mode to accommodate for the change in environment temperature. In a warm temperature operating mode, the controller increase the amount the jaws expand by about 1mm by increasing the forward travel of the mandrel (Para [0099]: the controller may similarly initiate a warm temperature operating mode if the ambient temperature is above a second predetermined threshold temperature (e.g., 80 degrees Fahrenheit). In the warm operating mode, the controller increases the amount that the jaws (118) expand by about 1 mm by increasing the forward travel of the mandrel (50).). (See Wekwert Para [0097]: The expansion and recovery behavior of PEX tubing is temperature dependent.; Para [0099]: In other embodiments, the expansion tool 10 may include only two temperature-related operating modes (e.g., a normal operating mode and a cold temperature or warm temperature operating mode), or the expansion tool 10 may include more than three temperature-related operating modes.).
Regarding claim 2, Wekwert discloses the tube expansion tool further comprising a rotation mechanism that is configured to rotate the plurality of jaws (Wekwert – 118) around an axis of the wedge (Wekwert – 50) in interlocking with a rearward movement of the wedge (Wekwert – 50)(Wekwert Para [0075]: In some embodiments, the mandrel 50, and/or the working element 100 may be configured to rotate about the mandrel axis 54 before, during, or after expansion of the working element 100. For example, the expansion tool 10 may include a rotation assembly with a rotation collar).
Regarding claim 3, Wekwert discloses the tube expansion tool, wherein the controller activates the moving mechanism (Wekwert – 34) to move the wedge (Wekwert – 50) (i) forward from an initial position to the first advance position, (ii) rearward from the first advance position to the initial position to close the plurality of jaws, (iii) forward from the initial position to the second advance position, and (iv) rearward from the second advance position to the initial position to close the plurality of jaws (Wekwert Para [0016]: a mandrel configured to reciprocate along an axis between a retracted position and an extended position, a plurality of jaws engageable with the mandrel such that movement of the mandrel toward the extended position expands the jaws; [0070]: The mandrel (50) is driven by the screw shaft 80 in a reciprocating manner, to expand and retract the working element 100 (FIGS. 5 and 6)…The working element 100 is movable from an initial or closed position (illustrated in FIG. 5) towards an expanded position (FIG. 6) in response to movement of the mandrel (50) along the axis 54 toward an extended position. The working element 100 may be biased toward the initial position by a spring (e.g., an o-ring), such that the working element 100 returns to the initial position when the mandrel (50) retracts.).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the controller of the tube expansion tool to activate the moving mechanism to move forward from the initial position to the second advance position, as taught by Wekwert, given that a change in environment temperature affects the performance of the tube material being expanded and thus the tube expansion tool will adjust its operation mode to accommodate for the change in environment temperature. In a warm temperature operating mode, the controller increase the amount the jaws expand by about 1mm by increasing the forward travel of the mandrel (Para [0099]: the controller may similarly initiate a warm temperature operating mode if the ambient temperature is above a second predetermined threshold temperature (e.g., 80 degrees Fahrenheit). In the warm operating mode, the controller increases the amount that the jaws (118) expand by about 1 mm by increasing the forward travel of the mandrel (50).). (See Wekwert Para [0097]: The expansion and recovery behavior of PEX tubing is temperature dependent.; Para [0099]: In other embodiments, the expansion tool 10 may include only two temperature-related operating modes (e.g., a normal operating mode and a cold temperature or warm temperature operating mode), or the expansion tool 10 may include more than three temperature-related operating modes.).
Regarding claim 4, Wekwert discloses the tube expansion tool, wherein the controller is configured (Wekwert Para [0090]: The expansion tool 10 further includes a controller (not shown) configured to control operation of the expansion tool 10 (i.e., energize the motor 30 to rotate the drive mechanism (34) a predetermined number of cycles; expand the working element 100 a predetermined diameter, etc.) to activate the moving mechanism to move the wedge (i) forward from an initial position to the first advance position, (ii) rearward from the first advance position to the initial position to close the plurality of jaws, (iii) forward from the initial position to the second advance position, (iv) rearward from the second advance position to a first retreat position in front of the initial position, and (v) forward from first retreat position to a position ahead of the second advance position (Wekwert Para [0016]: a mandrel configured to reciprocate along an axis between a retracted position and an extended position; Para [0097]: In some embodiments, the controller may also optimize performance of the expansion tool 10 by controlling the stroke length based on ambient temperature conditions.; Para [0099]: in the cold operating mode, the controller may reduce the expansion of the jaws (118) by about 1 mm. In some embodiments, the controller may similarly initiate a warm temperature operating mode if the ambient temperature is above a second predetermined threshold temperature (e.g., 80 degrees Fahrenheit). In the warm operating mode, the controller increases the amount that the jaws (118) expand by about 1 mm by increasing the forward travel of the mandrel (50).).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the controller of the tube expansion tool to activate the moving mechanism to move forward from the initial position to the second advance position, rearward from the second advance position to a first retreat position in front of the initial position, and forward from first retreat position to a position ahead of the second advance position, as taught by Wekwert, given that a change in environment temperature affects the performance of the tube material being expanded and thus the tube expansion tool will adjust its operation mode to accommodate for the change in environment temperature. (Wekwert Para [0098], Lines 5-11; Para [0099], Lines 6-12.
Regarding claim 5, Wekwert discloses the tube expansion tool, wherein while the controller receives the on-signal from the switch, the controller activates the moving mechanism to (a) move the wedge several times in the front-rear direction and bring the wedge close to an end position each time the wedge moves forward, and (b) move the wedge rearward to the initial position when the wedge reaches the end position and stop moving the wedge jaws (Wekwert Para [0016]: a mandrel configured to reciprocate along an axis between a retracted position and an extended position; Para [0090] The expansion tool 10 further includes a controller (not shown) configured to control operation of the expansion tool 10 (i.e., energize the motor 30 to rotate the drive mechanism 34 a predetermined number of cycles; expand the working element 100 a predetermined diameter, etc.; Para [0094]: As the jaws (118) expand, the tapered portions 122 engage with the interior wall of the PEX tubing to gradually expand the PEX tubing. The expansion tool 10 continues the cycles of axially extending and retracting the mandrel (50).).
Regarding claim 6, Wekwert discloses the tube expansion tool, wherein while the controller receives the on-signal from the switch, the controller activates the moving mechanism to (a) move the wedge several times in the front-rear direction and bring the wedge close to an end position each time the wedge moves forward, (b) move the wedge rearward when the wedge reaches the end position, and (c) move the wedge forward to the end position again ((Wekwert Para [0016]: a mandrel configured to reciprocate along an axis between a retracted position and an extended position; Para [0090] The expansion tool 10 further includes a controller (not shown) configured to control operation of the expansion tool 10 (i.e., energize the motor 30 to rotate the drive mechanism 34 a predetermined number of cycles; expand the working element 100 a predetermined diameter, etc.; Para [0094]: As the jaws (118) expand, the tapered portions 122 engage with the interior wall of the PEX tubing to gradually expand the PEX tubing. The expansion tool 10 continues the cycles of axially extending and retracting the mandrel (50). The operator pushes the jaws 118 deeper into the PEX tubing with each successive expansion until the sizing portion 126 is received within the PEX tubing. This indicates to the operator that expansion is complete (e.g., to a dimension D1). The jaws 118 are withdrawn from the PEX tubing).
Regarding claim 10, Wekwert discloses the tube expansion tool, wherein the moving mechanism (Wekwert – 34) includes: a screw shaft (Wekwert – Screw Shaft 80) attached to the wedge (Wekwert – 50)(Wekwert Para [0069]: The mandrel (50) is coupled to an end of the screw shaft (80)); and a female screw member (Wekwert – Power Screw Mechanism 78) that engages the screw shaft (Wekwert – 80) and rotates around an axis of the screw shaft (Wekwert – Mandrel Axis 54) to move the screw shaft (Wekwert – 80) in the front-rear direction (Wekwert – Para [0068]: the fourth gear 74 rotates the screw shaft (80) (via the splined sleeve 84) relative to the collar 82, which advances (i.e. moves to the left in FIG. 2) or retracts (i.e. moves to the right in FIG. 2) the screw shaft (80) along the mandrel axis (54).).
Regarding claim 12, Wekwert discloses a tube expansion tool for expanding an end portion of a tube, comprising: a female screw (Wekwert – 80) being rotated by a motor; a screw shaft (Wekwert – 80) configured to engage the female screw (Wekwert – 78) to move the screw shaft (Wekwert – 80) in a front-rear direction; a plurality of jaws (Wekwert – Jaws 118, FIG. 5) configured to expand in a radial direction; a wedge (Wekwert – 50) positioned at a front end of the screw shaft (Wekwert – 80)(Wekwert Para [0069]: The mandrel (50) is coupled to an end of the screw shaft (80)) to insert into between the plurality of jaws (Wekwert – 118), the wedge (Wekwert – 50)) configured to expand the end portion of the tube via the plurality of jaws; a moving mechanism (Wekwert – 34) configured to move the wedge in the front-rear direction (Wekwert Para [0091]: the drive mechanism (34) perform a cycle of axially extending and retracting the mandrel (50), thereby expanding and contracting the jaws (118) of the working element 100. More specifically, the motor 30 drives the drive mechanism (34) in a first direction (e.g., a forward direction) to advance the conical outer surface 94 of the mandrel (50) (FIG. 2) to abut against corresponding interior surface of the jaws (118) and expand the jaws (118) radially outward. The motor 30 drives the drive mechanism (34) in a second direction (e.g., a reverse direction) to retract the mandrel (50), allowing the jaws (118) to retract); a controller and a switch configured to transmit an on-signal to the controller when the switch is turned on, (Wekwert Para [0090]: The expansion tool 10 further includes a controller (not shown) configured to control operation of the expansion tool 10); wherein when the controller receives the on-signal from the switch (Wekwert Para [0102]: by pushing a button or switch, wirelessly sending a command to the controller), the controller activates the moving mechanism to move the wedge (Wekwert Para [0097]: In some embodiments, the controller may also optimize performance of the expansion tool 10 by controlling the stroke length based on ambient temperature conditions.), (i) forward from an initial position to a first advance position to open the plurality of jaws at a first opening angle; (ii) rearward from the first advance position to the initial position to close the plurality of jaws; (iii) forward from the initial position to a second position ahead of the first advance position to open the plurality of jaws at a second opening angle that is larger than the first opening angle (Wekwert Para [0097]: the controller may also optimize performance of the expansion tool 10 by controlling the stroke length based on ambient temperature conditions.; Para [0092]: the mandrel (50) is movable from a retracted position to an extended position in a first time period T1 in response to operation of the motor 30 in the first direction. The mandrel (50) is movable from the extended position to the retracted position in a second time period T2 in response to operation of the motor 30 in the second direction.; Para [0099]: In some embodiments, the controller may similarly initiate a warm temperature operating mode if the ambient temperature is above a second predetermined threshold temperature (e.g., 80 degrees Fahrenheit). In the warm operating mode, the controller increases the amount that the jaws (118) expand by about 1 mm by increasing the forward travel of the mandrel (50).), and (iv) rearward from the second advance position to the initial position to close the plurality of jaws; (v) forward from the initial position to an end position to open the plurality of jaws at a maximum opening angle; and (vi) rearward from the end position to the initial position to close the plurality of jaws (Wekwert Para [0070]: The mandrel (50) is driven by the screw shaft (80) in a reciprocating manner, to expand and retract the working element 100 (FIGS. 5 and 6), which is configured to be attached to the expansion tool 10. The working element 100 is movable from an initial or closed position (illustrated in FIG. 5) towards an expanded position (FIG. 6) in response to movement of the mandrel (50) along the axis 54 toward an extended position. The working element 100 may be biased toward the initial position by a spring (e.g., an o-ring), such that the working element 100 returns to the initial position when the mandrel 50 retracts.). See motivation in claim 1.
Regarding claim 13, Wekwert discloses the tube expansion tool, wherein the controller is configured to repeat (v) and (vi) while the controller receives the on-signal from the switch (Wekwert Para [0096]: The controller may use feedback from these sensors to determine and control the stroke length of the mandrel (50).; Para [0016]: a mandrel configured to reciprocate along an axis between a retracted position and an extended position, a plurality of jaws engageable with the mandrel such that movement of the mandrel toward the extended position expands the jaws)
Regarding claim 18, Wekwert discloses a tube expansion tool for expanding an end portion of a tube, comprising: a female screw (Wekwert – 80) being rotated by a motor; a screw shaft (Wekwert – 80) configured to engage the female screw (Wekwert – 78) to move the screw shaft (Wekwert – 80) in a front-rear direction; a plurality of jaws configured to expand in a radial direction; a wedge (Wekwert – 50) positioned at a front end of the screw shaft (Wekwert – 80)(Wekwert Para [0069]: The mandrel (50) is coupled to an end of the screw shaft (80)) to insert into between the plurality of jaws (Wekwert – 118), the wedge (Wekwert – 50)) configured to expand the end portion of the tube via the plurality of jaws; a moving mechanism (Wekwert – 34) configured to move the wedge in the front-rear direction (Wekwert Para [0091]: the drive mechanism (34) perform a cycle of axially extending and retracting the mandrel (50), thereby expanding and contracting the jaws (118) of the working element 100. More specifically, the motor 30 drives the drive mechanism (34) in a first direction (e.g., a forward direction) to advance the conical outer surface 94 of the mandrel (50) (FIG. 2) to abut against corresponding interior surface of the jaws (118) and expand the jaws (118) radially outward. The motor 30 drives the drive mechanism (34) in a second direction (e.g., a reverse direction) to retract the mandrel (50), allowing the jaws (118) to retract); a controller; and a switch configured to transmit an on-signal to the controller when the switch is turned on, wherein when the controller receives the on-signal from the switch (Wekwert Para [0090]: The expansion tool 10 further includes a controller (not shown) configured to control operation of the expansion tool 10), wherein when the controller receives the on-signal from the switch (Wekwert Para [0102]: by pushing a button or switch, wirelessly sending a command to the controller), the controller activates the moving mechanism to move the wedge (Wekwert Para [0097]: In some embodiments, the controller may also optimize performance of the expansion tool 10 by controlling the stroke length based on ambient temperature conditions.), (i) forward from an initial position to a first advance position to open the plurality of jaws at a first opening angle, (ii) rearward from the first advance position to the initial position to close the plurality of jaws, (iii) forward from the initial position to a second position ahead of the first advance position to open the plurality of jaws at a second opening angle that is larger than the first opening angle angle (Wekwert Para [0097]: the controller may also optimize performance of the expansion tool 10 by controlling the stroke length based on ambient temperature conditions.; Para [0092]: the mandrel (50) is movable from a retracted position to an extended position in a first time period T1 in response to operation of the motor 30 in the first direction. The mandrel (50) is movable from the extended position to the retracted position in a second time period T2 in response to operation of the motor 30 in the second direction.; Para [0099]: In some embodiments, the controller may similarly initiate a warm temperature operating mode if the ambient temperature is above a second predetermined threshold temperature (e.g., 80 degrees Fahrenheit). In the warm operating mode, the controller increases the amount that the jaws (118) expand by about 1 mm by increasing the forward travel of the mandrel (50).), (iv) rearward from the second advance position to a first retreat position in front of the initial position; (v) forward from the first retreat position to an end position to open the plurality of jaws at a maximum opening angle, and (vi) rearward from the end position to the initial position to close the plurality of jaws (Wekwert Para [0070]: The mandrel (50) is driven by the screw shaft (80) in a reciprocating manner, to expand and retract the working element 100 (FIGS. 5 and 6), which is configured to be attached to the expansion tool 10. The working element 100 is movable from an initial or closed position (illustrated in FIG. 5) towards an expanded position (FIG. 6) in response to movement of the mandrel (50) along the axis 54 toward an extended position. The working element 100 may be biased toward the initial position by a spring (e.g., an o-ring), such that the working element 100 returns to the initial position when the mandrel 50 retracts.). See motivation in claim 1.
Regarding claim 19, Wekwert discloses the tube expansion tool, wherein the controller is configured to repeat (v) and (vi) while the controller receives the on-signal from the switch (Wekwert Para [0096]: The controller may use feedback from these sensors to determine and control the stroke length of the mandrel (50).; Para [0016]: a mandrel configured to reciprocate along an axis between a retracted position and an extended position, a plurality of jaws engageable with the mandrel such that movement of the mandrel toward the extended position expands the jaws).
Claims 7 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Wekwert US 2020/0261959 A1 as applied to claim 1 above, and further in view of Savolainen et al. FI 20175510 A1. FI 20175510 A1 is a published patent application hereinafter to be referred to as the Savolainen patent.
Regarding claim 7, Wekwert discloses the tube expansion tool (See claim 1 rejection above), however, Wekwert fails to disclose the tube expansion tool further comprising an input part to put a number of times the wedge moves in the front-rear direction, wherein the input part is configured to transmit an information relating to the number of times to the controller.
Savolainen teaches an input part (Savolainen – Input Device 8, FIG. 2) to put a number of times the wedge moves in the front-rear direction, wherein the input part is configured to transmit an information relating to the number of times to the controller (Savolainen Description Page 7, Lines 24-25: The expansion control parameter to be adjusted is number of expansion cycles; Lines 33-34: The at least one of the expansion control parameters may be adjusted with an input device 8 included in the expander tool 1.).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the tube expansion tool disclosed by Wekwert to include an input part to put a number of times the wedge moves in the front-rear direction, as taught by Savolainen, wherein the number of times the wedge moves in the front-rear direction represents the expansion cycle of the tube expansion tool, and a variance in the expansion cycle, based on environment conditions, impacts the quality of the tube connection (Savolainen Description Page 2, Lines 30-33: In practice, the installer has needed to manually control the number of expansion cycles depending on the temperature of the environment. The problem is that the quality of the pipe joint (tightness) much depends on the skills of the installer. The installer may easily apply less or more expansion cycles than optimum in particular temperature conditions.).
Regarding claim 8, Wekwert discloses the tube expansion tool (See claim 1 rejection above), wherein the controller determines the first advance position and the second advance position based on the information relating to the number of times (Wekwert Para [0095]: the controller may detect or measure values such as a number of cycles, revolutions of the shaft 38, position of the mandrel (50)).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Wekwert US 2020/0261959 A1 as applied to claim 1 above, and further in view of Spink US 2014/0150230 A1. US 2014/0150230 A1 is a published patent application hereinafter to be referred to as the Spink patent.
Regarding claim 9, Wekwert discloses the tube expansion tool (See claim 1 rejection above) further comprising a motor configured to drive the moving mechanism (Wekwert – 34)(Wekwert Para [0090]: energize the motor 30 to rotate the drive mechanism (34) a predetermined number of cycles); and a rotation number detection sensor configured to detect a rotation number of the motor and transmits a third signal to the controller, wherein the controller determines a position of the wedge based on the third signal from the rotation number detection sensor (Wekwert Para [0096]: in some embodiments, the expansion tool 10 may include one or more sensors (e.g., rotation sensors configured to measure angular displacement of one or more components of the drive mechanism (34), position sensors configured to measure an axial position of the mandrel 50, etc.) in communication with the controller. The controller may use feedback from these sensors to determine and control the stroke length of the mandrel (50).). Wekwert fails to disclose an initial position sensor configured to detect an initial position of the wedge and transmits a first signal to the controller; an end position sensor configured to detect an end position of the wedge and transmits a second signal to the controller.
Spink teaches an initial position sensor (Spink – Position Sensor 29, 129; FIGS. 1 & 2) configured to detect an initial position of the wedge (Spink – Mandrel 36, 136; FIGS. 1 & 2) and transmits a first signal to the controller (Spink – Controller 27, 127); an end position sensor (Spink – Position Sensor 92, 192; FIGS. 1 & 2) configured to detect an end position of the wedge and transmits a second signal to the controller (Spink – 27,127)(Spink Para [0020]: Two position sensors (29) and (92) are shown in FIG. 1. Both can be used to measure the axial position of the mandrel (36); Para [0036]: the controller (127) uses the read out of the position sensor (192) to determine the position of the mandrel (136).).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the tube expansion tool disclosed by Wekwert to include an initial position sensor configured to detect an initial position of the wedge and transmits a first signal to the controller, and an end position sensor configured to detect an end position of the wedge and transmits a second signal to the controller, as taught by Spink, to measure the axial position of the wedge since the wedge is moving axially as a tube is expanded (See Spink Para [0005]: the position of the mandrel must be measured at the mandrel since the mandrel will move axially as it is rotated independent of the position of the drive head.).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Wekwert et al. US 2020/0261959 A1 as applied to claim 6 above, and further in view of Simonelli et al. US 2009/0236387 A1. US 2009/0236387 A1 is a published patent application hereinafter to be referred to as the Simonelli patent.
Regarding claim 11, Wekwert discloses the tube expansion tool (See claim 6 rejection above), however, Wekwert fails to disclose wherein when the controller stops receiving the on-signal from the switch during a movement of the wedge, the controller moves the wedge rearward to an initial position before the controller stops moving the wedge.
Simonelli teaches a controller (Simonelli – Controller 229, FIG. 6) that when stops receiving an on-signal from a switch (Simonelli – Mode Switch 228, FIG. 7), the controller (Simonelli – 229) moves a wedge (Simonelli – Carrier 204, FIG. 6) to an initial position (Simonelli Para [0051]: the fastener driving device includes a mode switch with a battery position, and a controller that monitors the position of the mode switch and operates the fastener driving tool to substantially decompress the spring when the mode switch is placed in the battery position.; Para [0238]: If no drive event has been initiated within a preset time limit, the controller (229) reverses the motor 205 and lowers the carrier (204) to the home position; Para [0239]: When the battery 221 is discharged, the user moves the mode selector switch (228) to the battery position. In the described embodiment the mode switch (228) may be implemented so that when the mode switch (228) is manipulated, the controller (229) verifies the carrier (204) is at the home position. If the carrier (204) is not in the home position, the motor 205 is operated in a reverse mode to lower the carrier (204) to the home position).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify controller of the tube expansion tool to move the wedge to an initial position when the controller stops receiving the on-signal, as taught by Simonelli, to ensure that there is no stored energy in the wedge, wherein the wedge would be driven unintentionally into the tube (See Simonelli Para [0239]: the motor 205 is operated in a reverse mode to lower the carrier (204) to the home position, which ensures there is no stored energy capable of being released when the battery 221 is not engaged with the fastener driving device 150.; Para [0285]: the motor 405 can be driven in the reverse direction so as to position the carrier 442 and the driver 410 in the home position thereby reducing the likelihood that a fastener would be driven unintentionally when the user resumes use of the fastener driving device 400.).
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Wekwert et al. US 2020/0261959 as applied to claim 13 above, and further in view of Simonelli et al. US 2009/0236387 A1.
Regarding claim 14, Wekwert in view of Nishimiya disclose the tube expansion tool (See claim 13 rejection above), however Wekwert in view of Nishimiya fails to disclose wherein when the controller stops receiving the on-signal from the switch during an execution of (v) and (vi), the controller completes (v) and (vi) before the controller deactivates the moving mechanism to stop moving the wedge.
Simonelli teaches a controller (Simonelli – Controller 229, FIG. 6) that when stops receiving the on-signal from the switch during an execution of (v) and (vi), the controller (Simonelli – 229) completes (v) and (vi) before the controller deactivates the moving mechanism to stop moving the wedge. (Simonelli Para [0051]: the fastener driving device includes a mode switch with a battery position, and a controller that monitors the position of the mode switch and operates the fastener driving tool to substantially decompress the spring when the mode switch is placed in the battery position.; Para [0239]: When the battery 221 is discharged, the user moves the mode selector switch (228) to the battery position. In the described embodiment the mode switch (228) may be implemented so that when the mode switch (228) is manipulated, the controller (229) verifies the carrier (204) is at the home position. If the carrier (204) is not in the home position, the motor 205 is operated in a reverse mode to lower the carrier (204) to the home position).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify controller of the tube expansion tool to move the wedge to an initial position before the controller stops moving the wedge, as taught by Simonelli, to ensure that there is no stored energy in the wedge, wherein the wedge would be driven unintentionally into the tube (See Simonelli Para [0229]: the motor 205 is operated in a reverse mode to lower the carrier (204) to the home position, which ensures there is no stored energy capable of being released when the battery 221 is not engaged with the fastener driving device 150.; Para [0285]: the motor 405 can be driven in the reverse direction so as to position the carrier 442 and the driver 410 in the home position thereby reducing the likelihood that a fastener would be driven unintentionally when the user resumes use of the fastener driving device 400.).
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Wekwert et al. US 2020/0261959 A1 as applied to claim 12 above, and further in view of Spink US 2014/0150230 A1.
Regarding claim 15, Wekwert in view of Nishimiya discloses the tube expansion tool (See claim 12 rejection above), further comprising a rotation number detection sensor configured to detect a rotation number of the motor and transmits a third signal to the controller, wherein the controller determines a position of the wedge based on the third signal from the rotation number detection sensor (Wekwert Para [0096]: in some embodiments, the expansion tool 10 may include one or more sensors (e.g., rotation sensors configured to measure angular displacement of one or more components of the drive mechanism (34), position sensors configured to measure an axial position of the mandrel 50, etc.) in communication with the controller. The controller may use feedback from these sensors to determine and control the stroke length of the mandrel (50).). Wekwert in view of Nishimiya fails to disclose an initial position sensor configured to detect an initial position of the wedge and transmits a first signal to the controller; an end position sensor configured to detect an end position of the wedge and transmits a second signal to the controller.
Spink teaches an initial position sensor (Spink – Position Sensor 29, 129; FIGS. 1 & 2) configured to detect an initial position of the wedge (Spink – Mandrel 36, 136; FIGS. 1 & 2) and transmits a first signal to the controller (Spink – Controller 27, 127); an end position sensor (Spink – Position Sensor 92, 192; FIGS. 1 & 2) configured to detect an end position of the wedge and transmits a second signal to the controller (Spink – 27,127)(Spink Para [0020]: Two position sensors (29) and (92) are shown in FIG. 1. Both can be used to measure the axial position of the mandrel (36); Para [0036]: the controller (127) uses the read out of the position sensor (192) to determine the position of the mandrel (136).).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the tube expansion tool disclosed by Wekwert in view of Nishimiya to include an initial position sensor configured to detect an initial position of the wedge and transmits a first signal to the controller, and an end position sensor configured to detect an end position of the wedge and transmits a second signal to the controller, as taught by Spink, to measure the axial position of the wedge since the wedge is moving axially as a tube is expanded (See Spink Para [0005]: the position of the mandrel must be measured at the mandrel since the mandrel will move axially as it is rotated independent of the position of the drive head.).
Claims 16 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Wekwert US 2020/0261959 A1 as applied to claim 12 above, and further in view of Brown et al. WO 2017027446 A1. WO 2017027446 A1 is a published patent application hereinafter to be referred to as the Brown patent.
Regarding claim 16, Wekwert in view of Nishimiya discloses the tube expansion tube (See claim 12 rejection above), however, Wekwert in view of Nishimiya fails to disclose wherein the first advance position and the second advance position are arranged at approximately equal intervals between the initial position and the end position.
Brown teaches a wedge (Brown – Ram 52, FIG. 1) adjusting the distance between positions according to what is suitable to perform the desired action (See Brown Para [0019], Lines 18-19: The distance "D" can be any distance suitable to perform the desired action of the working head assembly 14).).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the tube expansion tool to have a first advance position and a second position arranged at approximately equal intervals between an initial position and an end position in order for the positions to be suitable to perform the desired action of the wedge (See Brown Para [0019], Lines 18-19: The distance "D" can be any distance suitable to perform the desired action of the working head assembly 14).)
Regarding claim 17, Wekwert in view of Nishimiya discloses the tube expansion tube (See claim 12 rejection above), however, Wekwert in view of Nishimiya fails to disclose wherein the first advance position and the second advance position are arranged at unequal intervals between the initial position and the end position.
Brown teaches a wedge (Brown – Ram 52, FIG. 1) wherein positions are arranged according to what is suitable to perform the desired action (See Brown Para [0019], Lines 18-19: The distance "D" can be any distance suitable to perform the desired action of the working head assembly 14).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the tube expansion tool to have a first advance position and a second position arranged at approximately unequal intervals between an initial position and an end position, in order for the positions to be suitable to perform the desired action of the wedge (See Brown Para [0019], Lines 18-19: The distance "D" can be any distance suitable to perform the desired action of the working head assembly 14).)
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Wekwert et al. US 2020/0261959 i as applied to claim 19 above, and further in view of Simonelli et al. US 2009/0236387 A1.
Regarding claim 20, Wekwert in view of Nishimiya disclose the tube expansion tool (See claim 19 rejection above), however, Wekwert in view of Nishimiya fails to disclose wherein when the controller stops receiving the on-signal from the switch during an execution of (v) and (vi), the controller completes (v) and (vi) before the controller deactivates the moving mechanism to stop moving the wedge.
Simonelli teaches a controller (Simonelli – Controller 229, FIG. 6) that when stops receiving the on-signal from the switch during an execution of (v) and (vi), the controller (Simonelli – 229) completes (v) and (vi) before the controller deactivates the moving mechanism to stop moving the wedge. (Simonelli Para [0051]: the fastener driving device includes a mode switch with a battery position, and a controller that monitors the position of the mode switch and operates the fastener driving tool to substantially decompress the spring when the mode switch is placed in the battery position.; Para [0238]: If no drive event has been initiated within a preset time limit, the controller (229) reverses the motor 205 and lowers the carrier (204) to the home position; Para [0239]: When the battery 221 is discharged, the user moves the mode selector switch (228) to the battery position. In the described embodiment the mode switch (228) may be implemented so that when the mode switch (228) is manipulated, the controller (229) verifies the carrier (204) is at the home position. If the carrier (204) is not in the home position, the motor 205 is operated in a reverse mode to lower the carrier (204) to the home position).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify controller of the tube expansion tool to move the wedge to an initial position before the controller stops moving the wedge, as taught by Simonelli, to ensure that there is no stored energy in the wedge, wherein the wedge would be driven unintentionally into the tube (See Simonelli Para [0229]: the motor 205 is operated in a reverse mode to lower the carrier (204) to the home position, which ensures there is no stored energy capable of being released when the battery 221 is not engaged with the fastener driving device 150.; Para [0285]: the motor 405 can be driven in the reverse direction so as to position the carrier 442 and the driver 410 in the home position thereby reducing the likelihood that a fastener would be driven unintentionally when the user resumes use of the fastener driving device 400.).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DARLINGTON N IBEKWE whose telephone number is (571)272-2474. The examiner can normally be reached Monday - Friday 8am - 4:00pm.
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/Christopher L Templeton/Supervisory Patent Examiner, Art Unit 3725
D.N.I.
Patent Examiner
Art Unit 3725
Prosecution Insights