DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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 status of the claims for this application is as follows.
Claims 1-3 are currently pending.
Drawings
The drawings were filed on 02/26/2026. These drawings are acceptable.
Applicant’s amendments to the drawings have made mood the previous drawing objection(s).
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 “installing the rigid conduit element below grade in concrete” (claim 3) and “the rigid conduit element is installed below grade” (claims 9 and 15) must be shown or the feature(s) canceled from the claim(s). 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.
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) 1-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Louden (US 2002/0185862) in view of Hydrapro (the pages containing the Male Adapters) and Walley, JR (2017/0018209), (hereinafter, Walley; and note that Walley is being used to illustrate the state of the art).
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Re Clm 1: Louden discloses a conduit assembly (see Fig. 1-6 and the Fig. above), comprising:
first (1024’ and 1042’) and
second (1024 and 1042) transition couplings (see Fig. 4), each of said transition couplings comprising:
a metallic ([0006]) rigid coupling (see 1024’ and 1024, respectively) having a generally tubular configuration (see above), and defining an internal thread formation (see Fig. 2 and 6), and
a rigid connector element (1042’ and 1042, respectively) having a generally tubular configuration having a first end (1’ and/or 1, respectively) having an outside diameter (see the external diameter), and an opposite second end (2’ and/or 2, respectively) having an external thread formation threaded to the internal thread formation of said metallic rigid coupling ([0037-0040]);
a rigid conduit element (10) having a tubular configuration (see Fig. 4), said conduit element defining external thread formations at opposite ends thereof (see Fig. 1), said metallic rigid coupling of said first and second transition couplings being respectively threaded to the opposite ends of said rigid conduit element (see Fig. 4),
and first (2001’) and second (2001) bell end adapters each having a tubular configuration (see above), and each including a first end (4’ and 4, respectively) having a first outside diameter (see the external diameter), and a second opposite end (3’ and 3, respectively) having an outside diameter (the larger exterior diameter of 3’ and 3, respectively) greater than the outside diameter of said first end (see above; also note that applicant’s claim language is broad enough to allow for alternatively shaped bell adaptor(s) and for bell adapter(s) to be two or more components that are not monolithically formed),
said rigid connector elements of each of said first and second transition couplings being respectively connected to the inside of each of said first and second bell end adapters at the second ends thereof (see above).
Louden fails to disclose that the disclosed the first and disclosed second bell end adapters each having a single piece extending fully between respective disclosed first and disclosed second ends,
said disclosed rigid connector elements of each of said disclosed first and disclosed second transition couplings being respectively adhered to the inside of each of said disclosed first and disclosed second bell end adapters at the disclosed second ends thereof.
However, Hydrapro discloses tubular members connected to one another, similar to that of Louden. Hydrapro also teaches a single piece member (see the CPVC member) extending fully between its two ends and a ridged element (see the metallic member) being adhered to a bell end member. Where such would allow for the a means of allowing two different materials to be connected via an alternative connection means to insure fluid, wire(s), or cabling has a path to follow, in order to direct the fluid, wire(s), or cabling in a controlled manner.
Therefore, it would have been obvious to one having ordinary skill in the art at before the effective filing date of the claimed invention was made to have modified the device of Louden, to have had the disclosed the first and disclosed second bell end adapters each having a single piece extending fully between respective disclosed first and disclosed second ends, and said disclosed rigid connector elements of each of said disclosed first and disclosed second transition couplings being respectively adhered to the inside of each of said disclosed first and disclosed second bell end adapters at the disclosed second ends thereof, as taught by Hydrapro, with a reasonable expectation of success because one is merely replacing one connection means and/or type with another connection means and/or type, for the purpose of allowing two different materials to be connected via an alternative connection means to insure fluid, wire(s), or cabling has a path to follow, in order to direct the fluid, wire(s), or cabling in a controlled manner.
Note that it has been held that forming in one piece an article which has formerly been formed in two pieces and put together involves only routine skill in the art. Howard v. Detroit Stove Works, 150 U.S. 164 (1893).
In addition or alternatively, it would have been obvious to a person having ordinary skill in the art before the effective filing date was of the claimed invention to have substituted the rigid connector elements and the bell end adapters of Louden for standard, well-known, and commercially available adapters such as the ones claimed, with a reasonable expectation of success, in order to have the advantage of using reliable, well-known, and standard adapters and ease of availability since these adapters are commercially available. See MPEP 2143(I)(B) with regard to simple substitution of one known element for another to obtain predictable results.
Further still, Walley illustrates (see Figs. 1-11) that it is known in the art that a variety of different components can be assembled in a desired configuration, for the purpose of forming a desired path, to direct fluid, wire(s), or cabling through, in order to direct said fluid, wire(s), or cabling from one location to another location.
Re Clm 2: Louden as modified by Hydrapro and illustrated by Walley discloses wherein said rigid conduit element comprises a 90-degree rigid elbow defining a right-angle (see Louden above).
Re Clm 3: Louden discloses a method of forming a conduit assembly (see Fig. 1-6 and the Fig. above and [0037-0040]), comprising the steps of:
providing first (1024’ and 1042’) and second (1024 and 1042) transition couplings (see Fig. 4) each comprising: a first metallic rigid coupling (1024’ and [0006]) having a generally tubular configuration (see above), and defining an internal thread formation (see Fig. 2 and 6), and a first rigid connector element (1042’ and 1042, respectively) having a generally tubular configuration (see above), and having a first end (1’) having an outside diameter (see the external diameter), and an opposite second (2’) end having an external thread formation threaded into the internal thread formation of said metallic rigid coupling (see above and [0037-0040]); and one end of said internal thread formation being threaded to said external thread formation of said rigid coupling (see above and [0037-0040]);
providing a rigid conduit element (10) having a tubular configuration (see Fig. 4), said conduit element defining external thread formations at opposite ends thereof (see Fig. 1);
threading said metallic rigid coupling of each of said first and second transition couplings respective external thread formations at opposite ends of said rigid conduit element (see Fig. 1-6);
providing first (2001’) and second (2001) bell end adapters each a having a tubular configuration (see above), each including a first end (4’ and 4, respectively) having a first outside diameter (see the external diameter), and a second opposite end (3’ and 3, respectively) having an outside diameter greater (the larger exterior diameter of 3’ and 3, respectively) than the outside diameter of said first end (see above); and
connecting said first and second bell end adapters to the respective ones of said rigid connectors of said first and second transition couplings (see above).
Louden fails to disclose that the disclosed the first and disclosed second bell end adapters each having a single piece extending fully between respective disclosed first and disclosed second ends,
adhering said disclosed first and disclosed second bell end adapters to the respective ones of said rigid connectors of said first and second transition couplings, and installing the rigid conduit element below grade in concrete;
However, Hydrapro discloses tubular members connected to one another, similar to that of Louden. Hydrapro also teaches a single piece member (see the CPVC member) extending fully between its two ends and a ridged element (see the metallic member) being adhered to a bell end member. Where such would allow for the a means of allowing two different materials to be connected via an alternative connection means to insure fluid, wire(s), or cabling, has a path follow, in order to direct the fluid, wire(s), or cabling in a controlled manner.
Therefore, it would have been obvious to one having ordinary skill in the art at before the effective filing date of the claimed invention was made to have modified the device of Louden, to have had the disclosed the first and disclosed second bell end adapters each having a single piece extending fully between respective disclosed first and disclosed second ends, and adhering said disclosed first and disclosed second bell end adapters to the respective ones of said rigid connectors of said first and second transition couplings, as taught by Hydrapro, with a reasonable expectation of success because one is merely replacing one connection means and/or type with another connection means and/or type, for the purpose of allowing two different materials to be connected via an alternative connection means to insure fluid, wire(s), or cabling has a path to follow, in order to direct the fluid, wire(s), or cabling in a controlled manner.
Note that it has been held that forming in one piece an article which has formerly been formed in two pieces and put together involves only routine skill in the art. Howard v. Detroit Stove Works, 150 U.S. 164 (1893).
In addition or alternatively, it would have been obvious to a person having ordinary skill in the art before the effective filing date was of the claimed invention to have substituted the rigid connector elements and the bell end adapters of Louden for standard, well-known, and commercially available adapters such as the ones claimed, with a reasonable expectation of success, in order to have the advantage of using reliable, well-known, and standard adapters and ease of availability since these adapters are commercially available. See MPEP 2143(I)(B) with regard to simple substitution of one known element for another to obtain predictable results.
Further still, Walley illustrates (see Figs. 1-11) that it is known in the art that a variety of different components can be assembled in a desired configuration, for the purpose of forming a desired path, to direct fluid, wire(s), or cabling through, in order to direct said fluid, wire(s), or cabling from one location to another location.
Installing rigid conduit element(s) below grade in concrete protects the rigid conduit element(s) and the material that extends through the rigid conduit element(s) from damage and having rigid conduit element(s) below grade also aid in construction by forming paths in concrete to direct the material that extends through the rigid conduit element(s) in a desired path.
The examiner is taking Official Notice that it is old and well known to have rigid conduit element(s) below grade in concrete, for the purpose of protecting the rigid conduit element(s) and the material that extends through the rigid conduit element(s) from damage and having rigid conduit element(s) below grade also aid in construction by forming paths in concrete to direct the material that extends through the rigid conduit element(s) in a desired path.
Re Clm 4: Louden discloses conduit assembly (see Fig. 1-6 and the Fig. above), comprising:
first (1024’ and 1042’) and
second (1024 and 1042) transition couplings (see Fig. 4), each of said transition couplings comprising:
a metallic ([0006]) rigid coupling (see 1024’ and 1024, respectively) having a generally tubular configuration with spaced first and second ends (see above), and defining an internal thread formation (see Fig. 2 and 6), and of the metallic rigid coupling, and
a rigid connector element (1042’ and 1042, respectively) having a generally tubular configuration having a first end (1’ and/or 1, respectively) having an outside diameter (see the external diameter), and an opposite second end (2’ and/or 2, respectively) having an external thread formation threaded to the internal thread formation at the first end of said metallic rigid coupling ([0037-0040]);
a rigid conduit element (10) having a tubular configuration (see Fig. 4), said rigid conduit element defining external thread formations at opposite ends thereof (see Fig. 1), the internal thread formations at the second ends of said metallic rigid coupling of said first and second transition couplings being respectively threaded (see Fig. 4), one each to the external thread formations on the opposite ends of said rigid conduit element, and
and first (2001’) and second (2001) bell end adapters each having a tubular configuration with an inside and an outside (see above), and each including a first end (4’ and 4, respectively) having a first outside diameter (see the external diameter), and a second opposite end (3’ and 3, respectively) having an outside diameter (the larger exterior diameter of 3’ and 3, respectively) greater than the outside diameter of said first end (see above), said outside diameters of the first ends of said rigid connector elements of each of said first and second transition couplings being respectively connected, one each to the inside of each of said first and second bell end adapters at the second ends thereof.
Louden fails to disclose that the disclosed outside diameter unthreaded,
the first and second bell end adapters each having a single piece extending fully between respective first and second ends, and
said unthreaded outside diameters of the first ends of said rigid connector elements of each of said first and second transition couplings being respectively adhered, one each to the inside of each of said first and second bell end adapters at the second ends thereof.
However, Hydrapro discloses tubular members connected to one another, similar to that of Louden. Hydrapro also teaches a single piece member (see the CPVC member) extending fully between its two ends and a ridged element (see the metallic member) being adhered to a bell end member and the ridged element having an outside diameter unthreaded (see the metallic member’s unthreaded portion/end). Where such would allow for the a means of allowing two different materials to be connected via an alternative connection means to insure fluid, wire(s), or cabling has a path to follow, in order to direct the fluid, wire(s), or cabling in a controlled manner.
Therefore, it would have been obvious to one having ordinary skill in the art at before the effective filing date of the claimed invention was made to have modified the device of Louden, to have had the disclosed outside diameter unthreaded, the first and second bell end adapters each having a single piece extending fully between respective first and second ends, and said unthreaded outside diameters of the first ends of said rigid connector elements of each of said first and second transition couplings being respectively adhered, one each to the inside of each of said first and second bell end adapters at the second ends thereof, as taught by Hydrapro, with a reasonable expectation of success because one is merely replacing one connection means and/or type with another connection means and/or type, for the purpose of allowing two different materials to be connected via an alternative connection means to insure fluid, wire(s), or cabling has a path to follow, in order to direct the fluid, wire(s), or cabling in a controlled manner.
Note that it has been held that forming in one piece an article which has formerly been formed in two pieces and put together involves only routine skill in the art. Howard v. Detroit Stove Works, 150 U.S. 164 (1893).
In addition or alternatively, it would have been obvious to a person having ordinary skill in the art before the effective filing date was of the claimed invention to have substituted the rigid connector elements and the bell end adapters of Louden for standard, well-known, and commercially available adapters such as the ones claimed, with a reasonable expectation of success, in order to have the advantage of using reliable, well-known, and standard adapters and ease of availability since these adapters are commercially available. See MPEP 2143(I)(B) with regard to simple substitution of one known element for another to obtain predictable results.
Further still, Walley illustrates (see Figs. 1-11) that it is known in the art that a variety of different components can be assembled in a desired configuration, for the purpose of forming a desired path, to direct fluid, wire(s), or cabling through, in order to direct said fluid, wire(s), or cabling from one location to another location.
Re Clm 5: Louden as modified by Hydrapro and illustrated by Walley discloses the conduit assembly in accordance with claim 1 (see the rejection of claim 1 above), in combination with electrical wiring extended through the conduit assembly (Louden, see [0006, 0009, and 0039]).
Re Clm 6: Louden as modified by Hydrapro and illustrated by Walley discloses the method of forming a conduit assembly in accordance with claim 3 (see the rejection of claim 3 above), further comprising the step of directing electrical wiring through the conduit assembly (Louden, see [0006, 0009, and 0039]).
Re Clm 7: Louden as modified by Hydrapro and illustrated by Walley discloses the conduit assembly in accordance with claim 4 (see the rejection of claim 1 above), in combination with electrical wiring extended through the conduit assembly (Louden, see [0006, 0009, and 0039]).
Re Clm 8: Louden as modified by Hydrapro and illustrated by Walley discloses wherein the first ends of the first and second bell end adapters define opposite free ends of the conduit assembly.
Re Clm 9: Louden as modified by Hydrapro and illustrated by Walley fails to disclose that the disclosed rigid conduit element is installed below grade.
Installing rigid conduit element(s) below grade protects the rigid conduit element(s) and the material that extends through the rigid conduit element(s) from damage and having rigid conduit element(s) below grade also aid in construction by forming paths to direct the material that extends through the rigid conduit element(s) in a desired path.
The examiner is taking Official Notice that it is old and well known to have rigid conduit element(s) below grade, for the purpose of protecting the rigid conduit element(s) and the material that extends through the rigid conduit element(s) from damage and having rigid conduit element(s) below grade also aid in construction by forming paths to direct the material that extends through the rigid conduit element(s) in a desired path.
Re Clm 10: Louden as modified by Hydrapro and illustrated by Walley fails to disclose that the rigid conduit element is made from metal (Hydrapro, see the metallic member).
Re Clm 11: Louden as modified by Hydrapro and illustrated by Walley fails to disclose that the first and second bell end adapters are made from PVC material (Hydrapro, see the CPVC member which is a chlorinated PVC).
Re Clm 12: Louden as modified by Hydrapro and illustrated by Walley fails to disclose that the first and second bell end adapters each has a straight tubular configuration (Hydrapro, see the CPVC member).
Re Clm 13: Louden as modified by Hydrapro and illustrated by Walley fails to disclose that the first and second bell end adapters extend in lines angled at 90 degrees with respect to each other to free ends of the conduit assembly (see above).
Re Clm 14: Louden as modified by Hydrapro and illustrated by Walley fails to disclose that the first ends of the first and second bell end adapters define opposite free ends of the conduit assembly (see above).
Re Clm 15: Louden as modified by Hydrapro and illustrated by Walley fails to disclose that the disclosed rigid conduit element is installed below grade.
Installing rigid conduit element(s) below grade protects the rigid conduit element(s) and the material that extends through the rigid conduit element(s) from damage and having rigid conduit element(s) below grade also aid in construction by forming paths to direct the material that extends through the rigid conduit element(s) in a desired path.
The examiner is taking Official Notice that it is old and well known to have rigid conduit element(s) below grade, for the purpose of protecting the rigid conduit element(s) and the material that extends through the rigid conduit element(s) from damage and having rigid conduit element(s) below grade also aid in construction by forming paths to direct the material that extends through the rigid conduit element(s) in a desired path.
Re Clm 16: Louden as modified by Hydrapro and illustrated by Walley fails to disclose that the rigid conduit element is made from metal (Hydrapro, see the metallic member).
Re Clm 17: Louden as modified by Hydrapro and illustrated by Walley fails to disclose that the first and second bell end adapters each has a straight tubular configuration (Hydrapro, see the CPVC member).
Re Clm 18: Louden as modified by Hydrapro and illustrated by Walley fails to disclose that the first and second bell end adapters extend in lines angled at 90 degrees with respect to each other to free ends of the conduit assembly (see above).
Response to Arguments
Applicant’s arguments with respect to claim(s) have been considered but are moot because the new combination of references which have been applied to reject applicant’s amended claims.
Any claims not specifically argued will stand or fall with the claim(s) from which it/they depend.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES A LINFORD whose telephone number is (571)270-3066. The examiner can normally be reached Monday thru Friday: 8:00 am to 5:00 pm Eastern Time.
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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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JAMES ALBERT LINFORD
Examiner
Art Unit 3679
04/14/2026
/Matthew Troutman/Supervisory Patent Examiner, Art Unit 3679
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