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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 07/16/26 has been entered.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1 and 3-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Soehnlen et al (US 2,759,254) in view of Dunton et al (US 3,653,695), and further in view of JP 2005-61546.
As to claim 1, Soehnlen et al discloses a pipe fitting, comprising: a tubular member (12) comprising first and second sockets (one at each sleeve end), wherein the first socket is configured to receive an end of a first pipe section therein such that a first gap exists between an outer surface of the first pipe section and an inner surface of the first socket, wherein the second socket is configured to receive an end of a second pipe section therein such that a second gap exists between an outer surface of the second pipe section and an inner surface of the second socket (see Fig. 1), wherein the first socket comprises a first open free end and a first annular sealing member (22) at the first open free end of the first socket wherein the second socket comprises a second open free end and a second annular sealing member (24) at the second open free end of the second socket, wherein an internal diameter of the first socket is constant along an entire length of the first socket and wherein an internal diameter of the second socket is constant along an entire length of the second socket (see Fig. 1); a first port (28) extending through the tubular member in fluid communication with the first gap, wherein the first gap is configured to receive a bonding agent via the first port; a second port (26) extending through the tubular member in fluid communication with the second gap, wherein the second gap is configured to receive the bonding agent via the second port.
Soehnlen et al fails to teach a first retaining member configured to threadingly engage the first socket, wherein the first retaining member directly contacts the first annular sealing member and rotates until the first annular sealing member in snugly retained within the first socket at the open free end of the first gap, wherein the first retaining member comprises an opening configured to receive the end of the first pipe section therethrough; and a second retaining member configured to threadingly engage the second socket, wherein the second retaining member directly contacts the second annular sealing member and rotates until the second annular sealing member is snugly retained within the second socket at the second open free end of the second gap, wherein the second retaining member comprises an opening configured to receive the end of the second pipe section therethrough.
However, Dunton et al teaches a sleeved pipe coupling having threaded retaining means (23, 24) at each end for sealingly securing pipes to be joined. Gasket cavities (18, 19), provided at each of the sleeve ends, receive annular, compressible, elastomeric gaskets (20, 21) therein. Dunton’s sealing mechanism provides an adjustable compressive sealing force, as explained in the first paragraph of his detailed description, at column 2, lines 43-63. Dunton’s configuration allows for a desired gasket pressure to be achieved, and reliable sealing is maintained over a large temperature range (see col. 2, l. 64 - col. 3, l. 28).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Soehnlen et al to include a first retaining member configured to threadingly engage the first socket, wherein the first retaining member directly contacts the first annular sealing member and rotates until the first annular sealing member in snugly retained within the first socket at the open free end of the first gap, wherein the first retaining member comprises an opening configured to receive the end of the first pipe section therethrough; and a second retaining member configured to threadingly engage the second socket, wherein the second retaining member directly contacts the second annular sealing member and rotates until the second annular sealing member is snugly retained within the second socket at the second open free end of the second gap, wherein the second retaining member comprises an opening configured to receive the end of the second pipe section therethrough, as taught by Dunton et al, with a reasonable expectation of success, in order to reliably position, secure and seal the pipes to be joined, to provide an adjustable sealing force, and to provide reliable sealing over a large temperature range.
"A person of ordinary skill in the art is also a person of ordinary creativity, not an automaton." KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 421, 82 USPQ2d 1385, 1397 (2007). "[I]n many cases a person of ordinary skill will be able to fit the teachings of multiple patents together like pieces of a puzzle." Id. at 420, 82 USPQ2d 1397. Office personnel may also take into account "the inferences and creative steps that a person of ordinary skill in the art would employ." Id. at 418, 82 USPQ2d at 1396.
Soehnlen et al/Dunton et al fails to teach a first pair of ports extending through the tubular member in circumferentially spaced-apart relationship and in fluid communication with the first gap; and a second pair of ports extending through the tubular member in circumferentially spaced-apart relationship and in fluid communication with the second gap.
However, JP 2005-61546 teaches a sleeved pipe coupling (1), wherein male pipes (30) are inserted into each end of the coupling. Ports (21) are circumferentially spaced 180 degrees apart at each coupling end to receive injected adhesive at more than one area of the coupling in order to facilitate injection and achieve full sealing about the circumference of the coupling.
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Soehnlen et al/Dunton et al, to include a first pair of ports extending through the tubular member in circumferentially spaced-apart relationship and in fluid communication with the first gap; and a second pair of ports extending through the tubular member in circumferentially spaced-apart relationship and in fluid communication with the second gap, as taught by JP 2005-61546, in order to receive injected adhesive at more than one area of the coupling in order to facilitate injection and achieve full sealing about the circumference of the coupling.
As to claim 3, Soehnlen et al/Dunton et al/ JP 2005-61546 discloses the pipe fitting of Claim 1, wherein an external portion of the free end of the first socket is threaded, and wherein an external portion of the free end of the second socket is threaded. Refer to Dunton et al.
As to claim 4, Soehnlen et al/Dunton et al/ JP 2005-61546 discloses the pipe fitting of Claim 1, wherein the tubular member comprises at least one third annular sealing member (medial gasket 22 or 24, Soehnlen et al) at a medial location of the tubular member, wherein the at least one third annular sealing member is configured to seal a joint between the end of the first pipe section and the end of the second pipe section when the first pipe section is received in the first socket and the second pipe section is received in the second socket. Refer to Fig. 1 of Soehnlen et al.
As to claim 5, Soehnlen et al/Dunton et al/ JP 2005-61546 discloses the pipe fitting of Claim 1, wherein the first and second sockets have colinear longitudinal axes. Refer to Soehnlen et al.
Claim(s) 11 and 13-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Soehnlen et al in view of Dunton et al, further in view of JP 2005-61546, and still further in view of FR 1278914.
As to claim 11, Soehnlen et al discloses a pipe connector kit, comprising: a tubular member (12) comprising first and second sockets (one at each end of the sleeve), wherein the first socket is configured to receive an end of a first pipe section therein such that a first gap exists between an outer surface of the first pipe section and an inner surface of the first socket, wherein the second socket is configured to receive an end of a second pipe section therein such that a second gap exists between an outer surface of the second pipe section and an inner surface of the second socket (see Fig. 1), wherein the first socket comprises a first annular sealing member (22) within the first socket that is configured to seal an open end of the first gap (Fig. 1), and wherein the second socket comprises a second annular sealing member (24) within the second socket that is configured to seal an open end of the second gap (Fig. 1); a first port (28) extending through the tubular member in fluid communication with the first gap, wherein the first gap is configured to receive a bonding agent via the first port; a second port (26) extending through the tubular member in fluid communication with the second gap, wherein the second gap is configured to receive the bonding agent via the second port.
Soehnlen et al fails to teach a first retaining member configured to engage the first socket and retain the first annular sealing member at the open end of the first gap, wherein the first retaining member is configured to directly contact the first annular sealing member to retain the first annular sealing member in placed at the open end of the first gap, wherein the first retaining member comprises an opening configured to receive the end of the first pipe section therethrough; a second retaining member configured to engage the second socket and retain the second annular sealing member at the open end of the second gap, wherein the second retaining member is configured to directly contact the second annular sealing member to retain the second annular sealing member in placed at the open end of the first gap, wherein the second retaining member comprises an opening configured to receive the end of the second pipe section therethrough.
However, Dunton et al teaches a sleeved pipe coupling having threaded retaining means (23, 24) at each end for sealingly securing pipes to be joined. Gasket cavities (18, 19), provided at each of the sleeve ends, receive annular, compressible, elastomeric gaskets (20, 21) therein. Dunton’s sealing mechanism provides an adjustable compressive sealing force, as explained in the first paragraph of his detailed description, at column 2, lines 43-63. Dunton’s configuration allows for a desired gasket pressure to be achieved, and reliable sealing is maintained over a large temperature range (see col. 2, l. 64 - col. 3, l. 28).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Soehnlen et al to include a first retaining member configured to threadingly engage the first socket, wherein the first retaining member directly contacts the first annular sealing member and rotates until the first annular sealing member in snugly retained within the first socket at the open free end of the first gap, wherein the first retaining member comprises an opening configured to receive the end of the first pipe section therethrough; and a second retaining member configured to threadingly engage the second socket, wherein the second retaining member directly contacts the second annular sealing member and rotates until the second annular sealing member is snugly retained within the second socket at the second open free end of the second gap, wherein the second retaining member comprises an opening configured to receive the end of the second pipe section therethrough, as taught by Dunton et al, with a reasonable expectation of success, in order to reliably position, secure and seal the pipes to be joined, to provide an adjustable sealing force, and to provide reliable sealing over a large temperature range.
"A person of ordinary skill in the art is also a person of ordinary creativity, not an automaton." KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 421, 82 USPQ2d 1385, 1397 (2007). "[I]n many cases a person of ordinary skill will be able to fit the teachings of multiple patents together like pieces of a puzzle." Id. at 420, 82 USPQ2d 1397. Office personnel may also take into account "the inferences and creative steps that a person of ordinary skill in the art would employ." Id. at 418, 82 USPQ2d at 1396.
Soehnlen et al/Dunton et al fails to teach a first pair of ports extending through the tubular member in circumferentially spaced-apart relationship and in fluid communication with the first gap; and a second pair of ports extending through the tubular member in circumferentially spaced-apart relationship and in fluid communication with the second gap.
However, JP 2005-61546 teaches a sleeved pipe coupling (1), wherein male pipes (30) are inserted into each end of the coupling. Ports (21) are circumferentially spaced 180 degrees apart at each coupling end to receive injected adhesive at more than one area of the coupling in order to facilitate injection and achieve full sealing about the circumference of the coupling.
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Soehnlen et al/Dunton et al, to include a first pair of ports extending through the tubular member in circumferentially spaced-apart relationship and in fluid communication with the first gap; and a second pair of ports extending through the tubular member in circumferentially spaced-apart relationship and in fluid communication with the second gap, as taught by JP 2005-61546, in order to receive injected adhesive at more than one area of the coupling in order to facilitate injection and achieve full sealing about the circumference of the coupling.
Soehnlen et al/Dunton et al/JP 2005-61546 fails to teach a container of bonding agent, wherein the container is configured to inject the bonding agent into the first gap via one of the first pair of ports, and into the second gap via one of the second pair of ports.
However, FR ‘914 teaches using a container of bonding agent to inject into a pipe coupling in order to bond the pipes together.
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Soehnlen et al/Dunton et al/JP 2005-61546 to include a container of bonding agent, wherein the container is configured to inject the bonding agent into the first gap via one of the first pair of ports, and into the second gap via one of the second pair of ports, as taught by FR ‘914, with a reasonable expectation of success, in order to provide a holding and storage means from which the bonding agent can be delivered.
As to claim 13, Soehnlen et al/Dunton et al/ JP 2005-61546/FR ‘914 discloses the pipe connector kit of Claim 12, wherein an external portion of the free end of the first socket is threaded, and wherein an external portion of the free end of the second socket is threaded. Refer to Dunton et al.
As to claim 14, Soehnlen et al/Dunton et al/ JP 2005-61546/FR ‘914 discloses the pipe connector kit of Claim 11, wherein the tubular member comprises at least one third annular sealing member (medial gasket 22 or 24, Soehnlen et al) at a medial location of the tubular member, wherein the at least one third annular sealing member is configured to seal a joint between the end of the first pipe section and the end of the second pipe section when the first pipe section is received in the first socket and the second pipe section is received in the second socket. Refer to Fig. 1 of Soehnlen et al.
As to claim 15, Soehnlen et al/Dunton et al/ JP 2005-61546/FR ‘914 discloses the pipe connector kit of Claim 11, wherein the first and second sockets have colinear longitudinal axes. Refer to Fig. 1 of Soehnlen et al.
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Soehnlen et al in view of Dunton et al, further in view of JP 2005-61546, still further in view of FR 1278914, and still further in view of Ho (US 5,056,831).
As to claim 16, Soehnlen et al/Dunton et al/ JP 2005-61546/FR ‘914 discloses the pipe connector kit of Claim 11, except that the first and second sockets have non-colinear longitudinal axes.
However, Ho teaches a pipe coupling having threaded retaining means at each end for sealingly securing pipes to be joined. The coupling can take the form of a tee or elbow in order to meet the design requirements for the pipe system.
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Soehnlen et al/Dunton et al/JP 2005-61546 al/FR ‘914 such that the first and second sockets have non-colinear longitudinal axes, as taught by Ho, with a reasonable expectation of success, in order to meet the design requirements for a particular application.
Claim(s) 6-7 and 9-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Soehnlen et al in view of Dunton et al, and further in view of JP 2005-61546, and still further in view of Ho (US 5,056,831).
As to claim 6, Soehnlen et al/Dunton et al/ JP 2005-61546 discloses the pipe fitting of Claim 1, except that the first and second sockets have non-colinear longitudinal axes.
However, Ho teaches a pipe coupling having threaded retaining means at each end for sealingly securing pipes to be joined. The coupling can take the form of a tee or elbow in order to meet the design requirements for the pipe system.
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Soehnlen et al/Dunton et al/JP 2005-61546 such that the first and second sockets have non-colinear longitudinal axes, as taught by Ho, with a reasonable expectation of success, in order to meet the design requirements for a particular application.
As to claim 7, Soehnlen et al/Dunton et al/ JP 2005-61546 discloses the pipe fitting of Claim 1, except for further comprising: a third socket configured to receive an end of a third pipe section therein such that a third gap exists between an outer surface of the third pipe section and an inner surface of the third socket, wherein an internal diameter of the third socket is constant along an entire length of the third socket; wherein the third socket comprises a third open free end and a third annular sealing member at the third open free end of the third socket; a third pair of ports extending through the tubular member in circumferentially spaced-apart relationship and in fluid communication with the third gap, wherein the third gap is configured to receive the bonding agent via one of the third pair of ports; and a third retaining member configured to threadingly engage the third socket, wherein the third retaining member directly contacts the third annular sealing member and rotates until the third annular sealing member is snugly retained within the third socket at the open end of the third gap, wherein the third retaining member comprises an opening configured to receive the end of the third pipe section therethrough.
However, Ho teaches a pipe coupling having threaded retaining means at each end for sealingly securing pipes to be joined. The coupling can take the form of a tee or elbow in order to meet the design requirements for the pipe system. Ho therefore teaches a coupling having a third socket with a third annular sealing member and a third retaining member.
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Soehnlen et al/Dunton et al/ JP 2005-61546 such that a third socket configured to receive an end of a third pipe section therein such that a third gap exists between an outer surface of the third pipe section and an inner surface of the third socket, wherein an internal diameter of the third socket is constant along an entire length of the third socket; wherein the third socket comprises a third open free end and a third annular sealing member at the third open free end of the third socket; a third pair of ports extending through the tubular member in circumferentially spaced-apart relationship and in fluid communication with the third gap, wherein the third gap is configured to receive the bonding agent via one of the third pair of ports; and a third retaining member configured to threadingly engage the third socket, wherein the third retaining member directly contacts the third annular sealing member and rotates until the third annular sealing member is snugly retained within the third socket at the open end of the third gap, wherein the third retaining member comprises an opening configured to receive the end of the third pipe section therethrough, as taught by Ho, with a reasonable expectation of success, in order to meet the design requirements for a particular application.
"A person of ordinary skill in the art is also a person of ordinary creativity, not an automaton." KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 421, 82 USPQ2d 1385, 1397 (2007). "[I]n many cases a person of ordinary skill will be able to fit the teachings of multiple patents together like pieces of a puzzle." Id. at 420, 82 USPQ2d 1397. Office personnel may also take into account "the inferences and creative steps that a person of ordinary skill in the art would employ." Id. at 418, 82 USPQ2d at 1396.
As to claim 9, Soehnlen et al/Dunton et al/ JP 2005-61546/Ho discloses the pipe fitting of Claim 8, wherein an external portion of the free end of the third socket is threaded.
As to claim 10, Soehnlen et al/Dunton et al/ JP 2005-61546/Ho discloses the pipe fitting of Claim 7, wherein the pipe fitting comprises a T-shaped fitting or a Y-shaped fitting.
Claim(s) 17-23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Burke (US 693,830) in view of JP 2005-61546, and further in view of Vranish (US 11,885,451).
As to claim 17, Burke discloses a pipe fitting, comprising: a tubular member (3) comprising first and second sockets (one at each end of the sleeve), wherein the first socket is configured to receive an end of a first pipe section therein such that a first gap exists between an outer surface of the first pipe section and an inner surface of the first socket, wherein the second socket is configured to receive an end of a second pipe section therein such that a second gap exists between an outer surface of the second pipe section and an inner surface of the second socket (Fig. 1), wherein the first socket comprises a first annular channel (groove for O-ring seal 13) formed in the inner surface thereof, and wherein the second socket comprises a second annular channel (groove for O-ring seal 13) formed in the inner surface thereof, wherein an internal diameter of the first socket is constant along an entire length of the first socket, and wherein an internal diameter of the second socket is constant along an entire length of the second socket (one interpretation: despite the flared seats 4, the internal diameter still remains constant; another interpretation: the socket portion of the coupling extends up to the flared seats 4); a first annular sealing member (13) positioned within the first annular channel, wherein the first annular sealing member is configured to seal an open end of the first gap when the first pipe section is inserted into the first socket; a second annular sealing member (13) positioned within the second annular channel, wherein the second annular sealing member is configured to seal an open end of the second gap when the second pipe section is inserted into the second socket (Fig. 1); a first port (14) extending through the tubular member in fluid communication with the first gap, wherein the first gap is configured to receive a bonding agent via the first port; a second port (14) extending through the tubular member in fluid communication with the second gap, wherein the second gap is configured to receive the bonding agent via the second port.
Burke fails to teach a first pair of ports extending through the tubular member in circumferentially spaced-apart relationship and in fluid communication with the first gap; and a second pair of ports extending through the tubular member in circumferentially spaced-apart relationship and in fluid communication with the second gap.
However, JP 2005-61546 teaches a sleeved pipe coupling (1), wherein male pipes (30) are inserted into each end of the coupling. Ports (21) are circumferentially spaced 180 degrees apart at each coupling end to receive injected adhesive at more than one area of the coupling in order to facilitate injection and achieve full sealing about the circumference of the coupling.
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Burke, to include a first pair of ports extending through the tubular member in circumferentially spaced-apart relationship and in fluid communication with the first gap; and a second pair of ports extending through the tubular member in circumferentially spaced-apart relationship and in fluid communication with the second gap, as taught by JP 2005-61546, in order to receive injected adhesive at more than one area of the coupling in order to facilitate injection and achieve full sealing about the circumference of the coupling.
Burke fails to teach that the first annular sealing member comprises a quad seal structure having first and second annular sealing lobes within the first annular channel and third and fourth annular sealing lobes extending outward from the first annular channel; wherein the second annular sealing member comprises a quad seal structure having first and second annular sealing lobes within the second annular channel and third and fourth annular sealing lobes extending outward from the second annular channel.
However, Vranish teaches a pipe coupling (Fig. 4) comprising a socket or female member (110) having a rectangular groove (in cross-section) that holds an X-ring/Quad Ring gasket (142) having four sealing lobes. As described in the NPL document “U”, quad rings have numerous advanced design qualities over standard O-rings. These known benefits include: less wear due to low friction, thus providing a longer service life, excellent sealing efficiency; enhanced rolling resistance.
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Burke/JP 2005-61546 such that the first annular sealing member comprises a quad seal structure having first and second annular sealing lobes within the first annular channel and third and fourth annular sealing lobes extending outward from the first annular channel; wherein the second annular sealing member comprises a quad seal structure having first and second annular sealing lobes within the second annular channel and third and fourth annular sealing lobes extending outward from the second annular channel, as taught by Vranish, with a reasonable expectation of success, in order to provide known advantages (over standard O-rings), such as: easier installation; less wear due to low friction, thus providing a longer service life, excellent sealing efficiency; enhanced rolling resistance.
"A person of ordinary skill in the art is also a person of ordinary creativity, not an automaton." KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 421, 82 USPQ2d 1385, 1397 (2007). "[I]n many cases a person of ordinary skill will be able to fit the teachings of multiple patents together like pieces of a puzzle." Id. at 420, 82 USPQ2d 1397. Office personnel may also take into account "the inferences and creative steps that a person of ordinary skill in the art would employ." Id. at 418, 82 USPQ2d at 1396.
As to claim 18, Burke/JP 2005-61546/Vranish discloses the pipe fitting of Claim 17, wherein the first and second annular channels each have a generally rectangular transverse cross-section. Refer to Burke.
As to claim 19, Burke/JP 2005-61546/Vranish discloses the pipe fitting of claim 17, wherein the first socket comprises a third annular channel (for seal 13, Fig. 1, Burke) formed in the inner surface thereof such that the first pair of ports extend through the tubular member between the first annular channel and the third annular channel; wherein the second socket comprises a fourth annular channel (for seal 13, Fig. 1, Burke) formed in the inner surface thereof such that the second pair of ports extend through the tubular member between the second annular channel and the fourth annular channel; a third annular sealing member (13, Burke) positioned within the third annular channel, wherein the third annular sealing member comprises a quad seal structure having first and second annular sealing lobes within the third annular channel and third and fourth annular sealing lobes extending outward from the third annular channel; and a fourth annular sealing member (13, Burke) positioned within the second annular channel, wherein the fourth annular sealing member comprises a quad seal structure having first and second annular sealing lobes within the fourth annular channel and third and fourth annular sealing lobes extending outward from the fourth annular channel; wherein the third and fourth annular sealing members are configured to seal a joint between the end of the first pipe section and the end of the second pipe section when the first pipe section is received in the first socket and the second pipe section is received in the second socket.
As to claim 20, Burke/JP 2005-61546/Vranish discloses the pipe fitting of Claim 19, wherein the third and fourth annular channels each have a generally rectangular transverse cross-section. Refer to Burke.
As to claim 21, Burke/JP 2005-61546/Vranish discloses the pipe fitting of Claim 17, wherein the first and second annular sealing members each comprise elastomeric material having a generally rectangular configuration in transverse cross section, and wherein the first, second, third and fourth annular sealing lobes are each positioned at a respective one of its four corners. Refer to Vranish.
As to claim 22, Burke/JP 2005-61546/Vranish discloses the pipe fitting of Claim 17, wherein the third and fourth annular sealing members each comprise elastomeric material having a generally rectangular configuration in transverse cross section, and wherein the first, second, third and fourth annular sealing lobes are each positioned at a respective one of its four corners. Refer to Vranish.
As to claim 23, Burke/JP 2005-61546/Vranish discloses the pipe fitting of Claim 17, wherein the first and second sockets have colinear longitudinal axes. Refer to Burke.
Claim(s) 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Burke in view of JP 2005-61546, further in view of Vranish, and further in view of Ho.
As to claim 24, Burke/JP 2005-61546/Vranish discloses the pipe fitting of Claim 17, except that the first and second sockets have non-colinear longitudinal axes.
However, Ho teaches a pipe coupling that take the form of a tee or elbow in order to meet the design requirements for the pipe system.
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Burke/JP 2005-61546/Vranish such that the first and second sockets have non-colinear longitudinal axes, as taught by Ho, with a reasonable expectation of success, in order to meet the design requirements for a particular application.
Claim(s) 25-31 is/are rejected under 35 U.S.C. 103 as being unpatentable over Burke in view of JP 2005-61546, further in view of Vranish, and further in view of FR 1278914.
As to claim 25, Burke discloses a pipe connector kit, comprising: a tubular member (3) comprising first and second sockets (one at each end of the sleeve), wherein the first socket is configured to receive an end of a first pipe section therein such that a first gap exists between an outer surface of the first pipe section and an inner surface of the first socket (Fig. 1), wherein the second socket is configured to receive an end of a second pipe section therein such that a second gap exists between an outer surface of the second pipe section and an inner surface of the second socket (Fig. 1), wherein the first socket comprises a first annular channel (groove for O-ring seal 13) formed in the inner surface thereof, and wherein the second socket comprises a second annular channel (groove for O-ring seal 13) formed in the inner surface thereof; wherein the second socket comprises a second annular channel formed in the inner surface thereof, wherein an internal diameter of the first socket is constant along an entire length of the first socket, and wherein an internal diameter of the second socket is constant along an entire length of the second socket (one interpretation: despite the flared seats 4, the internal diameter still remains constant; another interpretation: the socket portion of the coupling extends up to the flared seats 4); a first annular sealing member (13) positioned within the first annular channel, wherein the first annular sealing member is configured to seal an open end of the first gap when the first pipe section is inserted into the first socket (Fig. 1); a second annular sealing member (13) positioned within the second annular channel, wherein the second annular sealing member is configured to seal an open end of the second gap when the second pipe section is inserted into the second socket (Fig. 1); a first port (14) extending through the tubular member in fluid communication with the first gap, wherein the first gap is configured to receive a bonding agent via the first port; a second port (14) extending through the tubular member in fluid communication with the second gap, wherein the second gap is configured to receive the bonding agent via the second port.
Burke fails to teach a first pair of ports extending through the tubular member in circumferentially spaced-apart relationship and in fluid communication with the first gap; and a second pair of ports extending through the tubular member in circumferentially spaced-apart relationship and in fluid communication with the second gap.
However, JP 2005-61546 teaches a sleeved pipe coupling (1), wherein male pipes (30) are inserted into each end of the coupling. Ports (21) are circumferentially spaced 180 degrees apart at each coupling end to receive injected adhesive at more than one area of the coupling in order to facilitate injection and achieve full sealing about the circumference of the coupling.
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Burke, to include a first pair of ports extending through the tubular member in circumferentially spaced-apart relationship and in fluid communication with the first gap; and a second pair of ports extending through the tubular member in circumferentially spaced-apart relationship and in fluid communication with the second gap, as taught by JP 2005-61546, in order to receive injected adhesive at more than one area of the coupling in order to facilitate injection and achieve full sealing about the circumference of the coupling.
Burke fails to teach and wherein the first annular sealing member comprises a quad seal structure having first and second annular sealing lobes within the first annular channel and third and fourth annular sealing lobes extending outward from the first annular channel; and wherein the second annular sealing member comprises a quad seal structure having first and second annular sealing lobes within the second annular channel and third and fourth annular sealing lobes extending outward from the second annular channel.
However, Vranish teaches a pipe coupling comprising a socket or female member having a rectangular groove (in cross-section) that holds an X-ring/Quad Ring gasket (10) having four sealing lobes (L1-L4). As described in the NPL document “U”, quad rings have numerous advanced design qualities over standard O-rings. These known benefits include: less wear due to low friction, thus providing a longer service life, excellent sealing efficiency; enhanced rolling resistance.
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Burke/JP 2005-61546 such that the first annular sealing member comprises a quad seal structure having first and second annular sealing lobes within the first annular channel and third and fourth annular sealing lobes extending outward from the first annular channel; wherein the second annular sealing member comprises a quad seal structure having first and second annular sealing lobes within the second annular channel and third and fourth annular sealing lobes extending outward from the second annular channel, as taught by Vranish, with a reasonable expectation of success, in order to provide known advantages (over standard O-rings), such as: easier installation; less wear due to low friction, thus providing a longer service life, excellent sealing efficiency; enhanced rolling resistance.
"A person of ordinary skill in the art is also a person of ordinary creativity, not an automaton." KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 421, 82 USPQ2d 1385, 1397 (2007). "[I]n many cases a person of ordinary skill will be able to fit the teachings of multiple patents together like pieces of a puzzle." Id. at 420, 82 USPQ2d 1397. Office personnel may also take into account "the inferences and creative steps that a person of ordinary skill in the art would employ." Id. at 418, 82 USPQ2d at 1396.
Burke/Vranish/JP 2005-61546 fails to teach a container of bonding agent, wherein the container is configured to inject the bonding agent into the first gap via one of the first pair of ports, and into the second gap via one of the second pair of ports.
However, FR ‘914 teaches using a container of bonding agent to inject into a pipe coupling in order to bond the pipes together.
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Burke/Vranish/JP 2005-61546 to include a container of bonding agent, wherein the container is configured to inject the bonding agent into the first gap via one of the first pair of ports, and into the second gap via one of the second pair of ports, as taught by FR ‘914, with a reasonable expectation of success, in order to provide a holding and storage means from which the bonding agent can be delivered.
As to claim 26, Burke/Vranish/JP 2005-61546/FR ‘914 discloses the pipe connector kit of Claim 25, wherein the first and second annular channels each have a generally rectangular transverse cross-section.
As to claim 27, Burke/Vranish/ JP 2005-61546/FR ‘914 discloses the pipe connector kit of Claim 25, wherein the first socket comprises a third annular channel (Fig. 1, Burke) formed in the inner surface thereof such that the first pair of ports extend through the tubular member between the first annular channel and the third annular channel; wherein the second socket comprises a fourth annular channel (Fig. 1, Burke) formed in the inner surface thereof such that the second pair of ports extend through the tubular member between the second annular channel and the fourth annular channel; a third annular sealing member (13, Burke) positioned within the third annular channel, wherein the third annular sealing member comprises a quad seal structure having first and second annular sealing lobes within the third annular channel and third and fourth annular sealing lobes extending outward from the third annular channel; and a fourth annular sealing member (13, Burke) positioned within the second annular channel, wherein the fourth annular sealing member comprises a quad seal structure having first and second annular sealing lobes within the fourth annular channel and third and fourth annular sealing lobes extending outward from the fourth annular channel; wherein the third and fourth annular sealing members are configured to seal a joint between the end of the first pipe section and the end of the second pipe section when the first pipe section is received in the first socket and the second pipe section is received in the second socket.
As to claim 28, Burke/Vranish/JP 2005-61546/FR ‘914discloses the pipe connector kit of Claim 27, wherein the third and fourth annular channels each have a generally rectangular transverse cross- section.
As to claim 29, Burke/Vranish/JP 2005-61546/FR ‘914 discloses the pipe connector kit of Claim 25, wherein the first and second annular sealing members each comprise elastomeric material having a generally rectangular configuration in transverse cross section, and wherein the first, second, third and fourth annular sealing lobes are each positioned at a respective one of its four corners. Refer to Vranish.
As to claim 30, Burke/Vranish/JP 2005-61546/FR ‘914 discloses the pipe connector kit of Claim 27, wherein the third and fourth annular sealing members each comprise elastomeric material having a generally rectangular configuration in transverse cross section, and wherein the first, second, third and fourth annular sealing lobes are each positioned at a respective one of its four corners. Refer to Vranish.
As to claim 31, Burke/Vranish/JP 2005-61546/FR ‘914 discloses the pipe connector kit of Claim 25, wherein the first and second sockets have colinear longitudinal axes. Refer to Burke.
Claim(s) 32 is/are rejected under 35 U.S.C. 103 as being unpatentable over Burke in view of Vranish, further in view of JP 2005-61546, still further in view of FR 1278914, and yet still further in view of Ho.
As to claim 32, Burke/Vranish/JP 2005-61546/FR ‘914 discloses the pipe connector kit of Claim 25, except that the first and second sockets have non-colinear longitudinal axes.
However, Ho teaches a pipe coupling that take the form of a tee or elbow in order to meet the design requirements for the pipe system.
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Burke/Vranish/JP 2005-61546/FR ‘914 such that the first and second sockets have non-colinear longitudinal axes, as taught by Ho, with a reasonable expectation of success, in order to meet the design requirements for a particular application.
Examiner’s Note:
The italicized portions in the foregoing claims are functional recitations. These clauses, as well as other statements of intended use do not serve to patently distinguish the claimed structure over that of the reference(s), as long as the structure of the cited reference(s) is capable of performing the intended use. See MPEP 2111-2115.
See also MPEP 2114, which states:
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 USPQ 2d 1647;
Claims directed to apparatus must be distinguished from the prior art in terms of structure rather than function. In re Danly, 263 F.2d 844, 847, 120 USPQ 528, 531; and
[A]pparatus claims cover what a device is, not what a device does." Hewlett Packard Co. v. Bausch & Lomb Inc., 15 USPQ2d 1525,1528.
Any one of the systems in the cited reference(s) is capable of being used in the same manner and for the intended or desired use as the claimed invention. Note that it is sufficient to show that said capability exists, which is the case for the cited reference(s).
Conclusion
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James M. Hewitt II
Primary Examiner
Art Unit 3679
/JAMES M HEWITT II/Primary Examiner, Art Unit 3679
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