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 1-19 are currently pending.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 11/16/2024 was considered by the examiner.
Drawings
The drawings were received on 11/16/2024.
Claim Rejections - 35 USC § 102
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 and 4-6 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by EP 1236947, (hereinafter, EP-947).
At the outset the applicant is reminded that:
1. While features of an apparatus may be recited either structurally or functionally, claims directed to an apparatus must be distinguished from the prior art in terms of structure rather than function. In re Schreiber, 128 F.3d 1473, 1477-78, 44 USPQ2d 1429, 1431-32 (Fed. Cir. 1997).
2. A claim containing a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987).
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Re Clm 1: EP-947 discloses a gas riser apparatus (see Figs. 1 and 2, and the Fig. above) for connecting an underground gas line to an above-ground connection, comprising:
a threaded adapter (3) having a first threaded end (the end opposite the end attached to 6) and a second threaded end (the end attached to 6);
a nut (6) configured to threadingly engage the second threaded end of the threaded adapter to form an internal cavity (the cavity that contains 7, 18, 2, and 9) between the threaded adapter (at 1001), the nut (at 1002), and the gas line (at 1003, see Figs. 1 and 3, and the Fig. above);
a flexible sealing element (17 and 12) disposed in the internal cavity proximate the threaded adapter (see Figs. 1 and 2, and the Fig. above);
a collet gripper (7) disposed in the internal cavity and abutting the flexible sealing element (see Figs. 1 and 2, and the Fig. above);
and a tubular gas line support insert (9) secured within the threaded adapter and extending through the second threaded end thereof forming an annular gap between an outer surface of the tubular gas line support insert and an inner surface of the second threaded end of the threaded adapter (see Figs. 1 and 2, and the Fig. above), the annular gap sized for insertion of an end of the gas line therein with the gas line extending around the tubular gas line support insert (see Figs. 1 and 2, and the Fig. above);
wherein: the collet gripper is configured to be compressed against and frictionally engage with the gas line upon threaded advancement of the nut along the second threaded end toward the first threaded end of the threaded adapter (see Figs. 1 and 2, and the Fig. above).
Re Clm 4: EP-947 discloses wherein the collet gripper comprises a plurality of fingers (the end of 7 formed by the 7as) projecting longitudinally from an annular base (the middle of 7), each finger having at least one barb (6a) formed on an inner surface thereof configured to be pressed against the gas line upon threaded advancement of the nut along the second threaded end toward the first threaded end of the threaded adapter (see Figs. 1 and 2, and the Fig. above).
Re Clm 5: EP-947 discloses wherein the threaded adapter includes a notch (see the recess that retains the seal 12) configured to hold a portion of the flexible sealing element therein.
Re Clm 6: EP-947 discloses wherein the nut includes a sloped shoulder (the shoulder that abuts 8) which forms an end of the internal cavity and which abuts an opposingly sloped surface on an end of each finger of the collet gripper such that when the nut is threadingly advanced toward the first threaded end of the threaded adapter (see Figs. 1 and 2, and the Fig. above), the sloped shoulder of the nut drives the opposingly sloped shoulder of each finger inward pressing each finger and the at least one barb formed thereon inward against the gas line (see Figs. 1 and 2, and the Fig. above).
Claim(s) 1, 5, 7, and 8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by EP 0565820, (hereinafter, EP-820).
At the outset the applicant is reminded that:
1. While features of an apparatus may be recited either structurally or functionally, claims directed to an apparatus must be distinguished from the prior art in terms of structure rather than function. In re Schreiber, 128 F.3d 1473, 1477-78, 44 USPQ2d 1429, 1431-32 (Fed. Cir. 1997).
2. A claim containing a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987).
Re Clm 1: EP-820 discloses a gas riser apparatus (see Figs. 1-3) for connecting an underground gas line to an above-ground connection, comprising:
a threaded adapter (12) having a first threaded end (the end opposite the end attached to 11) and a second threaded end (the end attached to 11);
a nut (11) configured to threadingly engage the second threaded end of the threaded adapter to form an internal cavity (the cavity that contains 13, 14, and 15) between the threaded adapter, the nut, and the gas line (Figs. 1-3);
a flexible sealing element (15) disposed in the internal cavity proximate the threaded adapter (see Figs. 1 and 2);
a collet gripper (13 and 14) disposed in the internal cavity and abutting the flexible sealing element (see Figs. 1 and 3);
and a tubular gas line support insert (17) secured within the threaded adapter and extending through the second threaded end thereof forming an annular gap between an outer surface of the tubular gas line support insert and an inner surface of the second threaded end of the threaded adapter (see Figs. 1 and 3), the annular gap sized for insertion of an end of the gas line therein with the gas line extending around the tubular gas line support insert (see Figs. 1 and 3);
wherein: the collet gripper is configured to be compressed against and frictionally engage with the gas line upon threaded advancement of the nut along the second threaded end toward the first threaded end of the threaded adapter (see Figs. 1 and 3).
Re Clm 5: EP-820 discloses wherein the threaded adapter includes a notch (see the recess that retains the seal 15) configured to hold a portion of the flexible sealing element therein (see Figs. 1 and 3).
Re Clm 7: EP-820 discloses wherein the collet gripper is formed from a composite material (it is a composite of the material of 13 and of 14).
Re Clm 8: EP-820 discloses wherein the flexible sealing element is an O-ring (see Figs. 1 and 3) and the collet gripper includes a recess (the recess in 18) configured to restrain the O-ring against the threaded adapter (see Figs. 1 and 3).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 2 and 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over EP 0565820, (hereinafter, EP-820) as applied to claim(s) 1, 5, 7, and 8 above in view of Tarquini et al. (US 2006/0284416), (hereinafter, Tarquini).
Re Clms 2 and 3: EP-820 discloses a portion of the gas line and the nut.
EP-820 fails to disclose a flexible casing conduit extending around the disclosed portion of the disclosed gas line; and a moisture seal extending over the disclosed portion of the gas line and a portion of the flexible casing conduit (claim 2) and a hose ferrule configured to secure an end of the flexible casing conduit to the disclosed nut (claim 3).
However, Tarquini discloses a fitting connection, similar to that of EP-820. Tarquini also teaches a flexible casing conduit (106) extending around a portion of a line (for example 108); and a moisture seal (110) extending over the portion of the line and a portion of the flexible casing conduit (see Figs. 1-4) (claim 2) and a hose ferrule (104) configured to secure an end of the flexible casing conduit to the disclosed nut (see Figs. 1-4) (claim 3). Where such would allow for protection of the internal tubular member.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to have modified the device of EP-820, to have included a flexible casing conduit extending around the disclosed portion of the disclosed gas line; and a moisture seal extending over the disclosed portion of the gas line and a portion of the flexible casing conduit (claim 2) and a hose ferrule configured to secure an end of the flexible casing conduit to the disclosed nut (claim 3), as taught by Tarquini, with a reasonable expectation of success because Tarquini illustrates a means of providing tubular protection in association with a fitting for t5hew purpose of providing protection for an internal tubular member.
Allowable Subject Matter
Claims 9-19 are allowed.
Reasons for Allowance
The following is an examiner’s statement of reasons for allowance:
The prior art of record does not anticipate all the limitations as recited in independent claims 9 and 14.
The prior art does not provide any teaching, suggestion or motivation (TSM) to modify the prior art as such.
There is no cogent reasoning that is unequivocally independent of hindsight that would have led one of ordinary skill in the art at the time the invention was made to modify the prior art to obtain the applicant’s invention.
Even though, the individual parts are known per se, there is nothing to teach the specific structures and structural combinations as claimed. More specifically, it is the totality of that which is claimed that is not found in the art of record.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The following documents have structural features (tubular member in a fitting) which are similar to the applicant’s claimed invention; EP-1236947-A1, EP-0565820-A1, DE-9315600-U1, and CA-2493695-A1.
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
03/19/2026
/Matthew Troutman/ Supervisory Patent Examiner, Art Unit 3679
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