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 .
Specification
The following guidelines illustrate the preferred layout for the specification of a utility application. These guidelines are suggested for the applicant’s use.
Arrangement of the Specification
As provided in 37 CFR 1.77(b), the specification of a utility application should include the following sections in order. Each of the lettered items should appear in upper case, without underlining or bold type, as a section heading. If no text follows the section heading, the phrase “Not Applicable” should follow the section heading:
(a) TITLE OF THE INVENTION.
(b) CROSS-REFERENCE TO RELATED APPLICATIONS.
(c) STATEMENT REGARDING FEDERALLY SPONSORED RESEARCH OR DEVELOPMENT.
(d) THE NAMES OF THE PARTIES TO A JOINT RESEARCH AGREEMENT.
(e) INCORPORATION-BY-REFERENCE OF MATERIAL SUBMITTED ON A READ-ONLY OPTICAL DISC, AS A TEXT FILE OR AN XML FILE VIA THE PATENT ELECTRONIC SYSTEM.
(f) STATEMENT REGARDING PRIOR DISCLOSURES BY THE INVENTOR OR A JOINT INVENTOR.
(g) BACKGROUND OF THE INVENTION.
(1) Field of the Invention.
(2) Description of Related Art including information disclosed under 37 CFR 1.97 and 1.98.
(h) BRIEF SUMMARY OF THE INVENTION.
(i) BRIEF DESCRIPTION OF THE SEVERAL VIEWS OF THE DRAWING(S).
(j) DETAILED DESCRIPTION OF THE INVENTION.
(k) CLAIM OR CLAIMS (commencing on a separate sheet).
(l) ABSTRACT OF THE DISCLOSURE (commencing on a separate sheet).
(m) SEQUENCE LISTING. (See MPEP § 2422.03 and 37 CFR 1.821 - 1.825). A “Sequence Listing” is required on paper if the application discloses a nucleotide or amino acid sequence as defined in 37 CFR 1.821(a) and if the required “Sequence Listing” is not submitted as an electronic document either on read-only optical disc or as a text file via the patent electronic system.
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 and 6 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Barthel et al. 9,599,079.
In regard to claim 1, Barthel et al. discloses a tube support 18 for insertion into the end of a pipe 2, “and being insertable into the body of a connector” is an intended use limitation that carries little patentable weight in an apparatus claim. The tube support 18 is capable of being inserted into the body of a connector and is therefore deemed to anticipate the intended use limitation of the claim), the tube support comprising;
a tubular body 18 extending in an axial direction, a first end 4 of which is insertable into the end of the pipe 2, and a second end 13 of which is insertable with the pipe into the body and comprises a head 21 (“to seat within the body of the connector” is also considered to be an intended use limitation); and
a ring 5 surrounding the tubular body and spaced from the head towards the first end, the ring being displaceable along the tubular body towards the head 21 once an axial force on the ring exceeds a predetermined value, the movement of the ring 5 towards the head being configured to create a noise caused by abrupt motion of the ring (break away elements 7 would make a noise upon breaking).
In regard to claim 4, wherein the ring 5 is attached to the tubular body by one or more frangible members 7 and the abrupt motion to create the noise is caused by the failure of the frangible members, wherein the one or more frangible members are portions of reduced cross sections between the tubular body and the ring (see fig. 3).
In regard to claim 6, wherein the ring has an axial end face (end face near 6) (“to receive the end of the pipe” is also an intended use limitation), wherein the axial end face is positioned radially outwardly of the one or more frangible members 7, and is axially offset further from the head 21 than the one or more frangible members.
Claim(s) 18 and 21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Roberts et al. 2010/0045030.
In regard to claim 18, Roberts et al. discloses a tube support 140 for insertion into the end of a pipe, and being insertable into the body of a connector, the tube support comprising:
a tubular body 140 extending in an axial direction, a first end 142 of which is insertable into the end of the pipe, and a second end 147 of which is insertable with the pipe into the body to seat within the body of the connector;
an annular flange 148 surrounding the tubular body and spaced from the second end to
receive an end of the pipe; and
a ring 110 extending axially and radially from the second end and positioned to land in
the connector on insertion of the tube support into the connector, the ring 110 being axially displaceable towards the annular flange 148 upon further insertion of the tube support into the
connector once an axial force on the ring exceeds a predetermined value, the axial movement of
the ring being configured to create a noise caused by abrupt motion of the ring (see paragraph 58).
In regard to claim 21, Roberts et al. discloses a connector comprising:
a hollow body 150 to receive the end of a pipe;
an O-ring 154 in the body to seal on an outer surface of the pipe;
a gripping ring 157 in the body to grip the pipe to prevent its removal; and
a tube support 140 for insertion into the end of a pipe, and being insertable with the pipe into the hollow body; and
the tube support comprising;
a tubular body 140 extending in an axial direction, a first end 142 of which is insertable into the end of the pipe, and a second end 147 of which is insertable with the pipe into the body to seat within the hollow body;
an annular flange 148 surrounding the tubular body and spaced from the
second end 147 to receive an end of the pipe; and
a ring 110 extending axially and radially from the second end and positioned to land in the hollow body on insertion of the tube support into the connector, the ring being axially displaceable towards the annular flange 148 upon further insertion of the tube support into the hollow body once an axial force on the ring exceeds a predetermined value, the axial movement of the ring being configured to create a noise caused by abrupt motion of the ring (see paragraph 58).
Allowable Subject Matter
Claims 2, 7-11, 13, 19-20 and 22-24 are 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.
Claims 14-15 and 17 are allowed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Robison, Ravisankar, Rat, Mentink and Guibert disclose similar couplings that are common and well known in the art.
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
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