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 .
Response to Arguments
Applicant's arguments filed 04/28/26 have been fully considered but they are not persuasive.
In response to Applicant’s arguments on pages 13-19 against the combination of Vanesky and Dunton:
Firstly, both Vanesky and Dunton teach sleeve-type pipe joints for sealingly coupling two pipe ends within a sleeve coupling, and where both pipe ends are spaced apart within the sleeve. Both are classified and were discovered in class 285, subclass 369. Secondly, both Vanesky and Dunton are concerned with sealing at each end of the coupling sleeve. And both use sealing rings to effect this sealing. Vanesky uses a groove in each sleeve end to hold the seal. Dunton uses a threaded thimble configuration. 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, and allows for a desired gasket pressure to be achieved. Dunton’s configuration also maintains sealing over a large temperature range (see col. 2, l. 64 - col. 3, l. 28). This is not the case for Vanesky. Accordingly, a person having ordinary skill in the art would look to Dunton to achieve adjustable sealing for a desired gasket pressure and reliable sealing over a large temperature range. The skilled artisan would clearly modify the end structure of the Vanesky sleeve with Dunton’s threaded thimble sealing mechanism.
"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 Applicant’s arguments on pages 20-23 against the combination of Vanesky and Travers:
Both Vanesky and Travers teach female pipe coupling components having a groove formed in the end(s) thereof for retaining an annular gasket for sealing against the outer surface of a male pipe. In Vanesky, the annular gasket is circular in cross-section. In Travers, the annular gasket is “X-shaped”, with a bulbous sealing lobe (L1-L4) at each corner (Fig. 2). Travers’ gasket is commonly known as an X-Ring or Quad Ring seal. As described in attached NPL document “U” (see attached form PTO-892), 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, a person having ordinary skill in the art would simply substitute the quad ring of Travers in place of the standard O-ring in Vanesky, in order to achieve these known benefits.
As to Applicant’s arguments on page 23 against the combination of Vanesky and Dunton on claim 4:
The claim refers to sealing members (23a), as shown in Fig. 26A, which are provided at each axial side of pipe stop (20). Each seal (23a) is configured to seal against a first pipe and a second pipe, respectively. Similarly, Vanesky shows analogous seals (46), as shown in Fig. 2A, which are provided at each axial side of pipe stop (40). Pipe (24) is said to engage the stop (40) to limit insertion of the pipe (col. 4, ll. 38-43). As such, and as shown in Fig. 4, the outer surface of the pipe (24) engages the seal (46). The pipe is therefore in sealing engagement with an inserted pipe, and therefore configured to seal (via seals 46) a joint between the tubular member (20) and a given inserted first pipe and a given inserted second pipe.
Additionally, it is noted that Applicant is not positively claiming the pipe sections. Therefore, Vanesky meets the functional recitation “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” insofar as his pipe fitting is capable of and configured to seal (via seals 46) a joint between the tubular member (20) and a given inserted first pipe and a given inserted second pipe. The given pipes are not necessarily those disclosed by Vanesky, and can be pipes that are capable of being inserted into Vanesky and sealed therein (by the Vanesky seals).
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) 1-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Vanesky (US 5,851,036) in view of Dunton et al (US 3,653,695).
As to claim 1, Vanesky discloses a pipe fitting, comprising: a tubular member (20) 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. 2A), wherein the first socket comprises a first annular sealing member (48) within the first socket that is configured to seal an open end of the first gap, and wherein the second socket comprises a second annular sealing member (48) within the second socket that is configured to seal an open end of the second gap; a first pair of ports (52/54) extending through the tubular member in circumferentially spaced-apart relationship and in fluid communication with the first gap, wherein the first gap is configured to receive a bonding agent via one of the first pair of ports; a second pair of ports (52/54) extending through the tubular member in circumferentially spaced-apart relationship and in fluid communication with the second gap, wherein the second gap is configured to receive the bonding agent via one of the second pair of ports.
Vanesky 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; and 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 similar pipe coupling having threaded retaining means at each end for sealingly securing pipes to be joined. 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 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 Vanesky to include 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 comprises an opening configured to receive the end of the first pipe section therethrough; and 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 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.
As to claim 2, Vanesky/Dunton et al discloses the pipe fitting of Claim 1, wherein a free end of the first socket is threaded, wherein the first retaining member is configured to threadingly engage the free end of the first socket, wherein a free end of the second socket is threaded, and wherein the second retaining member is configured to threadingly engage the free end of the second socket.
As to claim 3, Vanesky/Dunton et al discloses the pipe fitting of Claim 2, 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.
As to claim 4, Vanesky/Dunton et al discloses the pipe fitting of Claim 1, wherein the tubular member comprises at least one third annular sealing member (46, Vanesky) 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.
Vanesky shows analogous seals (46), as shown in Fig. 2A, which are provided at each axial side of pipe stop (40). Pipe (24) is said to engage the stop (40) to limit insertion of the pipe (col. 4, ll. 38-43). As such, and as shown in Fig. 4, the outer surface of the pipe (24) engages the seal (46). The pipe is therefore in sealing engagement with an inserted pipe, and therefore configured to seal (via seals 46) a joint between the tubular member (20) and a given inserted first pipe and a given inserted second pipe.
Additionally, it is noted that Applicant is not positively claiming the pipe sections. Therefore, Vanesky meets the functional recitation “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” insofar as his pipe fitting is capable of and configured to seal (via seals 46) a joint between the tubular member (20) and a given inserted first pipe and a given inserted second pipe. The given pipes are not necessarily those disclosed by Vanesky, and can be pipes that are capable of being inserted into Vanesky and sealed therein (by the Vanesky seals).
As to claim 5, Vanesky/Dunton et al discloses the pipe fitting of Claim 1, wherein the first and second sockets have colinear longitudinal axes.
Claim(s) 11-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Vanesky in view of Dunton et al, and further in view of FR 1278914.
As to claim 11, Vanesky discloses a pipe connector kit, comprising: a tubular member (20) 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, wherein the first socket comprises a first annular sealing member (48) within the first socket that is configured to seal an open end of the first gap (Fig. 2A), and wherein the second socket comprises a second annular sealing member (48) within the second socket that is configured to seal an open end of the second gap (Fig. 2A); a first pair of ports (52/54) extending through the tubular member in circumferentially spaced-apart relationship and in fluid communication with the first gap, wherein the first gap is configured to receive a bonding agent via one of the first pair of ports; a second pair of ports (52/54) extending through the tubular member in circumferentially spaced-apart relationship and in fluid communication with the second gap, wherein the second gap is configured to receive the bonding agent via one of the second pair of ports.
Vanesky 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 similar pipe coupling having threaded retaining means at each end for sealingly securing pipes to be joined. 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 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 Vanesky to include 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 comprises an opening configured to receive the end of the first pipe section therethrough; and 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 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.
Vanesky/Dunton et al 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 Vanesky/Dunton et al 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 12, Vanesky/Dunton et al/FR ‘914 discloses the pipe connector kit of Claim 11, wherein a free end of the first socket is threaded, wherein the first retaining member is configured to threadingly engage the free end of the first socket, wherein a free end of the second socket is threaded, and wherein the second retaining member is configured to threadingly engage the free end of the second socket.
As to claim 13, Vanesky/Dunton et al/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.
As to claim 14, Vanesky/Dunton et al/FR ‘914 discloses the pipe connector kit of Claim 11, wherein the tubular member comprises at least one third annular sealing member 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.
As to claim 15, Vanesky/Dunton et al/FR ‘914 discloses the pipe connector kit of Claim 11, wherein the first and second sockets have colinear longitudinal axes.
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Vanesky in view of Dunton et al, and further in view of FR 1278914.
As to claim 16, Vanesky/Dunton et al/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 Vanesky/Dunton et al 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) 6-10 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Vanesky in view of Dunton et al, and further in view of Ho (US 5,056,831).
As to claim 6, Vanesky/Dunton et al 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 Vanesky/Dunton et al 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, Vanesky/Dunton et al 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 the third socket comprises a third annular sealing member that is configured to seal an open end of the third gap; 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 engage the third socket and retain the third annular sealing member 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 Vanesky/Dunton et al 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 the third socket comprises a third annular sealing member that is configured to seal an open end of the third gap; 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 engage the third socket and retain the third annular sealing member 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 8, Vanesky/Dunton et al/Ho discloses the pipe fitting of Claim 7, wherein a free end of the third socket is threaded, and wherein the third retaining member is configured to threadingly engage the free end of the third socket.
As to claim 9, Vanesky/Dunton et al/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, Vanesky/Dunton et al/Ho discloses the pipe fitting of Claim 7, wherein the pipe fitting comprises a T-shaped fitting or a Y-shaped fitting.
Claim(s) 17-20 and 21-23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Vanesky in view of Travers (US 2005/0001388).
As to claim 17, Vanesky discloses a pipe fitting, comprising: a tubular member (20) 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. 2A), wherein the first socket comprises a first annular channel (groove for O-ring seal 48) formed in the inner surface thereof, and wherein the second socket comprises a second annular channel (groove for O-ring seal 48) formed in the inner surface thereof; a first annular sealing member (48) 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 (48) 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. 2A); a first pair of ports (52/54) extending through the tubular member in circumferentially spaced-apart relationship and in fluid communication with the first gap, wherein the first gap is configured to receive a bonding agent via one of the first pair of ports; and a second pair of ports (52/54) extending through the tubular member in circumferentially spaced-apart relationship and in fluid communication with the second gap, wherein the second gap is configured to receive the bonding agent via one of the second pair of ports.
Vanesky 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, Travers 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 Vanesky 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 Travers, 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, Vanesky/Travers discloses the pipe fitting of Claim 17, wherein the first and second annular channels each have a generally rectangular transverse cross-section.
As to claim 19, Vanesky/Travers discloses the pipe fitting of claim 17, wherein the first socket comprises a third annular channel (Fig. 2A) 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. 2A) 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 (46) 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 (46) 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, Vanesky/Travers discloses the pipe fitting of Claim 19, wherein the third and fourth annular channels each have a generally rectangular transverse cross-section.
As to claim 21, Vanesky/Travers 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.
As to claim 22, Vanesky/Travers 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.
As to claim 23, Vanesky/Travers discloses the pipe fitting of Claim 17, wherein the first and second sockets have colinear longitudinal axes.
Claim(s) 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Vanesky in view of Travers (US 2005/0001388), and further in view of Ho.
As to claim 24, Vanesky/Travers 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 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 Vanesky/Travers 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 Vanesky in view of Travers, and further in view of FR 1278914.
As to claim 25, Vanesky discloses a pipe connector kit, comprising: a tubular member (20) 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. 2A), 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. 2A), wherein the first socket comprises a first annular channel (groove for O-ring seal 48) formed in the inner surface thereof, and wherein the second socket comprises a second annular channel (groove for O-ring seal 48) formed in the inner surface thereof; a first annular sealing member (48) 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. 2A); a second annular sealing member (48) 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. 2A); a first pair of ports (52/54) extending through the tubular member in circumferentially spaced-apart relationship and in fluid communication with the first gap, wherein the first gap is configured to receive a bonding agent via one of the first pair of ports; a second pair of ports (52/54) extending through the tubular member in circumferentially spaced-apart relationship and in fluid communication with the second gap, wherein the second gap is configured to receive the bonding agent via one of the second pair of ports.
Vanesky 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, Travers 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 Vanesky 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 Travers, 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.
Vanesky/Travers 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 Vanesky/Travers 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, Vanesky/Travers/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, Vanesky/Travers/FR ‘914 discloses the pipe connector kit of Claim 25, wherein the first socket comprises a third annular channel (Fig. 2A) 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. 2A) 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 (46) 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 (46) 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, Vanesky/Travers/FR ‘914 discloses 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, Vanesky/Travers/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.
As to claim 30, Vanesky/Travers/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.
As to claim 31, Vanesky/Travers/FR ‘914 discloses the pipe connector kit of Claim 25, wherein the first and second sockets have colinear longitudinal axes.
Claim(s) 32 is/are rejected under 35 U.S.C. 103 as being unpatentable over Vanesky in view of Travers, further in view of FR 1278914, and still further in view of Ho.
As to claim 32, Vanesky/Travers/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 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 Vanesky/Travers/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
THIS ACTION IS MADE FINAL. 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.
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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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