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 .
Election/Restrictions
Applicant’s election without traverse of claims 1-8 in the reply filed on 8-11-26 is acknowledged.
Claims 9-3 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 8-11-26.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that use the word “means” or “step” but are nonetheless not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph because the claim limitation(s) recite(s) sufficient structure, materials, or acts to entirely perform the recited function. Such claim limitation(s) is/are: forming means in claim 1.
Because this/these claim limitation(s) is/are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are not being interpreted to cover only the corresponding structure, material, or acts described in the specification as performing the claimed function, and equivalents thereof.
If applicant intends to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to remove the structure, materials, or acts that performs the claimed function; or (2) present a sufficient showing that the claim limitation(s) does/do not recite sufficient structure, materials, or acts to perform the claimed function.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-8 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation "the ends of the PVC-O pipe" in line 2 of the claim. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation "the outside surface of the mandrel" in line 13 of the claim. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation "the axis of the forming means" in line 19 of the claim. There is insufficient antecedent basis for this limitation in the claim.
Claims 2-8 are rejected for depending from claim 1.
Regarding claim 2, the claim recites the limitation “the outside”. It’s not clear if it’s intended to refer to “the outside surface of the mandrel” recited in claim 1.
Claim 3 is rejected for depending from claim 2.
Claim 4 recites the limitation "the axis of the mandrel" in line 3 of the claim. There is insufficient antecedent basis for this limitation in the claim.
Claim 5 recites the limitation "the end of the bell socket edge" in line 6 of the claim. There is insufficient antecedent basis for this limitation in the claim.
Claim 5 recites the limitation "the limit" in line 8 of the claim. There is insufficient antecedent basis for this limitation in the claim.
Claims 6-7 are rejected for depending from claim 5.
Claim 6 recites the limitation "the contact sensor" in line 1 of the claim. There is insufficient antecedent basis for this limitation in the claim.
Claim 6 recites the limitation "the rest position" in line 2 of the claim. There is insufficient antecedent basis for this limitation in the claim.
Claim 6 recites the limitation "the extension of the elastic means" in line 2 of the claim. There is insufficient antecedent basis for this limitation in the claim.
Claim 6 recites the limitation "the cylindrical collar" in line 3 of the claim. There is insufficient antecedent basis for this limitation in the claim.
Claim 8 recites the limitation "the free front of the contact sensor" in line 3 of the claim. There is insufficient antecedent basis for this limitation in the claim.
Claim 8 recites the limitation "the edge of the bell socket" in line 3 of the claim. There is insufficient antecedent basis for this limitation in the claim.
Claim 8 recites the limitation "the length of the edge of the bell socket" in line 6 of the claim. There is insufficient antecedent basis for this limitation in the claim.
Claim 8 recites the limitation "the shaping stroke" in line 6-7 of the claim. There is insufficient antecedent basis for this limitation in the claim.
Claim 8 recites the limitation "the retracting limit stroke" in line 7 of the claim. There is insufficient antecedent basis for this limitation in the claim.
Allowable Subject Matter
Claims 1-8 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter: Regarding claim 1, the prior art does not teach the mandrel comprising expandable segments which define an annular portion extending from the cylindrical portion of the mandrel; said annular portion has an end wall, a front fitting and a rear fitting, relative to the tip and to the cylindrical surface of the mandrel; the shaping flange comprises an annular body whose inside surface defines, with the outside surface of the mandrel, a shaping chamber for shaping a portion of the bell socket being formed.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to XUE H LIU whose telephone number is (571)270-5522. The examiner can normally be reached 1PM - 10PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christina Johnson can be reached at 5702721176. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/X.H.L/Examiner, Art Unit 1742 /CHRISTINA A JOHNSON/Supervisory Patent Examiner, Art Unit 1742
