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 § 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, 4-10, 12 and 14-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by GB 2,041,482.
In regard to claim 1, GB ‘482 discloses a snap-lock fitting (“capable of repairing secondary containment fittings of fuel storage systems” is considered an intended use limitation that carries little patentable weight in an apparatus claim. The snap-lock fitting has the same recited structure as that of the present invention and is capable of being attached around another a secondary containment fitting and is therefore deemed capable of fulfilling the intended use limitation of the claim) where the snap-lock fitting is made of a semi-flexible material (the fitting is made from plastic and includes a slit between 8a and 8b that would allow that ridge to flex inward and compress) suitable for use in a chemically hostile environment of an underground secondary containment system, the snap-lock fitting comprising:
a pair of half portions (1) that are configured to join together around a pipe, where each of the half portions comprises:
a flange (portion of 1 between 3 and 10);
at least one half-cylinder portion (3 where 8 and 9 are located) extending outward from the flange, where the at least one half-cylinder portion has a first mating surface with a ridge (8 in the top right of fig. 1) and a second mating surface with a recess (9 in the top right of 1), and where the ridge of a first of the pair of half portions is configured to compress during insertion into a recess of a second of the pair of half portions and extend into a locked position within the recess (the slit between 8a and 8b allows the ridge to compress as it is inserted into 9).
In regard to claim 4, further comprising at least one alignment tab (any other tab 8) extending from one of either the first mating surface or the second mating surface.
In regard to claim 5, further comprising at least one alignment recess (any other recess 9) disposed in one of either the first mating surface or the second mating surface, where the at least one alignment recess is configured to receive the at least one alignment tab.
In regard to claim 6, where the at least one half-cylinder portion comprises at least a first half-cylinder portion and a second half-cylinder portion (different stepped cylinder portions 3).
In regard to claim 7, where the first half-cylinder portion has a greater diameter than the second half-cylinder portion (different stepped cylinder portions 3).
In regard to claim 8, where the at least one half-cylinder portion is tapered and decreases in diameter from the flange to an end opposite the flange (the bottom left portion of fig. 1 has tapered surfaces as it steps down from 10 to 3).
In regard to claim 9, further comprising at least one half-annular ridge (4) formed on an interior surface of the at least one half-cylinder portion, where the at least one half-annular ridge is configured to engage the pipe and form a seal with the pipe.
In regard to claim 10, where the recess 9 comprises a cross-sectional profile configured to receive and maintain a cross-sectional profile of the ridge 8 (see figs. 4 and 5).
In regard to claim 12, GB ‘482 discloses a snap-lock fitting (“capable of repairing secondary containment fittings of fuel storage systems” is considered an intended use limitation that carries little patentable weight in an apparatus claim. The snap-lock fitting has the same recited structure as that of the present invention and is capable of being attached around another a secondary containment fitting and is therefore deemed capable of fulfilling the intended use limitation of the claim) where the snap-lock fitting is made of a semi-flexible material, the snap-lock fitting comprising:
a pair of half portions 1 that are configured to join together around a pipe, where each of the half portions comprises:
at least one half-cylinder portion extending from a first end to a second end, where the at least one half-cylinder portion has a first mating surface with a ridge (top right 8) and a second mating surface with a recess (top right 9), and where the ridge of a first of the pair of half portions is configured to compress (the slit between 8a and 8b allows for compression) during insertion into a recess 9 of a second of the pair of half portions and extend into a locked position within the recess.
In regard to claim 14, further comprising at least one alignment tab (any other tab 8) extending from one of either the first mating surface or the second mating surface.
In regard to claim 15, further comprising at least one alignment recess (any other 9) disposed in one of either the first mating surface or the second mating surface, where the at least one alignment recess is configured to receive the at least one alignment tab.
In regard to claim 16, where the at least one half-cylinder portion comprises at least a first half-cylinder portion and a second half-cylinder portion (multiple portions 3 of different diameters).
In regard to claim 17, where the first half-cylinder portion 34 has a greater diameter than the second half-cylinder portion (the multiple portions 3 are reduced in diameter from the center to the ends).
In regard to claim 18, where the at least one half-cylinder portion is tapered and decreases in diameter from the first end to the second end (sloped interior wall between portions 10 and 3).
In regard to claim 19, further comprising at least one half-annular ridge (4) formed on an interior surface of the at least one half-cylinder portion, where the at least one half-annular ridge is configured to engage the pipe and form a seal with the pipe.
Claim(s) 12-13 and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kyfes 5,007,666.
In regard to claim 12, Kyfes discloses a snap-lock fitting (“capable of repairing secondary containment fittings of fuel storage systems” is considered an intended use limitation that carries little patentable weight in an apparatus claim. The snap-lock fitting has the same recited structure as that of the present invention and is capable of being attached around another a secondary containment fitting and is therefore deemed capable of fulfilling the intended use limitation of the claim) where the snap-lock fitting is made of a semi-flexible material, the snap-lock fitting comprising:
a pair of half portions 11, 12 that are configured to join together around a pipe, where each of the half portions comprises:
at least one half-cylinder portion extending from a first end to a second end, where the at least one half-cylinder portion has a first mating surface with a ridge 19a, 19B and a second mating surface with a recess 20, and where the ridge of a first of the pair of half portions is configured to compress (see 19A, 19B from fig. 3B to 3C) during insertion into a recess 20 of a second of the pair of half portions and extend into a locked position within the recess.
In regard to claim 13, where the snap-lock fitting defines a bore axis, and the ridge 19 extends along the first mating surface in a direction that is substantially parallel with the bore axis.
In regard to claim 20, Kyfes discloses a method (“for repairing secondary containment fittings of fuel storage system” is considered an intended use limitation that carries little patentable, the repair pipe of Kyfes is capable of fulfilling the intended use and is therefore deemed to anticipated the intended use limitation of the claim) using a snap-lock fitting is made of a semi-flexible polymer material suitable for use in a chemically hostile environment, the method comprising:
providing a pipe fitting comprising:
a pair of half portions 11, 12 that are configured to join together around a pipe, where each of the half portions comprises at least one half-cylinder portion extending from a first end to a second end, where the at least one half-cylinder portion has a first mating surface with a ridge 19 and a second mating surface with a recess 20, and where the ridge of a first of the pair of half portions is configured to compress during insertion into a recess of a second of the pair of half portions and extend into a locked position within the recess (see fig. 3c); and
applying a solvent weld to at least one of the pair of half portions (see col. 2, lines 1-2); and
joining the pair of half portions around a pipe (see paragraph 40).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-3 and 10-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kyfes 5,007,666 in view of Wisecup 2023/0302313.
In regard to claim 1, Kyfes discloses a snap-lock fitting (“capable of repairing secondary containment fittings of fuel storage systems” is considered an intended use limitation that carries little patentable weight in an apparatus claim. The snap-lock fitting has the same recited structure as that of the present invention and is capable of being attached around another a secondary containment fitting and is therefore deemed capable of fulfilling the intended use limitation of the claim) where the snap-lock fitting is made of a semi-flexible material suitable for use in chemical hostile environments of an underground secondary containment system, comprising:
a pair of half portions (11, 12) that are configured to join together around a pipe, where each of the half portions comprises:
at least one half-cylinder portion 11, where the at least one half-cylinder portion has a first mating surface (17) with a ridge (19A, 19B) and a second mating surface 18 with a recess (20), and where the ridge (19A, 19B) of a first of the pair of half portions is configured to compress during insertion (see from fig. 3B to 3C) into a recess of a second of the pair of half portions and extend into a locked position within the recess.
Kyfes discloses a one half-cylinder portion as described above, but does not disclose it extending from a flange. Wisecup teaches that providing similar types of split sleeves either with or without an attached flange is common and well known in the art. Therefore it would have been obvious to one of ordinary skill in the art to modify the fitting of Kyfes to include a flange because inasmuch as the references disclose these elements as art recognized equivalents, it would have been obvious to one of ordinary skill in the art to substitute one for the other. In re Fout, 675 F.2d 297, 301, 213 USPQ 532, 536 (CCPA 1982).
In regard to claim 2, where the snap-lock fitting defines a bore axis, and the ridge (19A, 19B) extends along the first mating surface 17 in a direction that is substantially parallel with the bore axis.
In regard to claim 3, wherein the ridge extends along the first mating surface in a direction that is substantially perpendicular to the bore (see fig. 6 where the ridge on the horizontal portion of the X-fitting is perpendicular to the bore of the vertical portion of the fitting).
In regard to claim 10, where the recess comprises 20 a cross-sectional profile configured to receive and maintain a cross-sectional profile of the ridge 19A, 19b (see fig. 3C).
In regard to claim 11, where the cross-sectional profile of the ridge (19A, 19B) is L-shaped (see 5, where the ridge would be the same shape as the elbow).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID E. BOCHNA whose telephone number is (571)272-7078. The examiner can normally be reached Monday-Friday 8:00-5:30.
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/DAVID BOCHNA/Primary Examiner, Art Unit 3679