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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 12 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 12, it is unclear how the one wall extends in the hole when claim 11 recites that the
inlet is structured to not extend into the hole past the exterior surface. Clarification is needed.
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) 11-18 and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Smith 2,693,975.
In regard to claim 11, Smith discloses a pipe 11 comprising an interior surface and an
exterior surface and defining a hole from the interior surface to the exterior surface;
a fitting 10 to mount to the pipe to couple the pipe with a branch pipe 23, the fitting
comprising an inlet 26 around an axis and at least one wall 27 forming a groove 25 outward from the inlet 26 relative to the axis, the inlet structured to not extend into the hole past the exterior surface; and
a gasket 30 comprising a head 33 and a collar 35 extending from the head, the gasket
sized to be received in the groove 25 such that the head 33 is inside the groove and the collar 35 is outside the groove and in contact with the hole (35 is in contact with the edge of the hole).
In regard to claim 12, the inlet 26 does not extend past the interior surface of the pipe 11.
In regard to claim 13, the axis is a first axis and the pipe is disposed perpendicular to the first axis.
In regard to claim 14, the fitting comprises a clamp 15 and at least one fastener 12 to engage the clamp 15.
In regard to claim 15, an outer edge 36 of the collar is inward from an outer edge of the
head 33 relative to the axis.
In regard to claim 16, the fitting 10 comprises a passageway from a first end 24 to a
second end, the groove 25 is at the second end.
In regard to claim 17, the fitting 10 is a coupling.
In regard to claim 18, the fitting 10 comprises a rigid body having an interior surface and
an exterior surface.
In regard to claim 20, a first length (radial thickness of 35) by which the collar extends out of the groove 25 is no greater than twenty percent of a diameter of the pipe 11 (see fig. 6).
Allowable Subject Matter
Claims 1-10 are allowed.
Claim 19 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-18 and 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
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID E. BOCHNA whose telephone number is (571)272-7078. The examiner can normally be reached Monday-Friday 8:00-5:30.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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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/DAVID BOCHNA/Primary Examiner, Art Unit 3679