DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 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.
Claim(s) 1-23 is/are rejected under 35 U.S.C. 103 as being unpatentable over in view of Keil et al (US 2017/0321834) in view of Mittler (US 2006/0170213).
As to claim 1, Keil et al discloses a first pipe (22) comprising: a first longitudinal axis (70); a first end portion and a second end portion, the second end portion having a female ring (12), the female ring (12) including an annular first inner wall (76), an annular first groove (53), and an annular first tooth (58), the first end portion of the first pipe (22) defining a pipe opening; the second end portion of the first pipe (22) having a first tooth side wall (110); and the female ring (12) further including an annular first groove side wall (90) formed in the annular first inner wall (76) on an opposite side from the second end portion, wherein the first tooth side wall (110) is angled relative to a plane (114) that is perpendicular to the first longitudinal axis (70) and the annular first groove side wall (90) is angled relative to a plane (96) that is perpendicular to the first longitudinal axis (70) (see paragraphs [0029]-[0033], [0036]-[0038] and figures 1, 5).
Keil et al fails to teach that the female coupler comprises a set of coupler features formed on an inner wall surface, the coupler features comprising a plurality of teeth and a plurality of ramp surfaces between the teeth.
However, Mittler, see paragraph [0021] and figures 1-3, discloses a female-type connector (64) comprising an inner wall surface and a set of engaging elements (16) and each of the engaging elements (16) has four distinct surfaces (18, 20, 22, 24)).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Keil et al to include a set of coupler features formed on an inner wall surface, the coupler features comprising a plurality of teeth and a plurality of ramp surfaces between the teeth, as taught by Mittler, with a reasonable expectation of success, in order to provide a reliable and secure pipe coupling that also exhibits sufficient flexibility at the joint(s), particularly useful when ramming pipe lengths underground through the earth.
As to claim 2, Keil et al in view of Mittler discloses the pipe of claim 1, wherein the distal end surface forms an angle with the radially- extending reference line of 2° to 20°.
Refer to Keil et al, paragraphs [0037] and [0043] and Figs. 1, 5 and 7-9. The first tooth side wall (110) forms a third acute angle (C) of 4°-15° with the plane (114).
As to claim 3, Keil et al in view of Mittler discloses the pipe of claim 2, wherein the shelf forms an angle with the radially-extending reference line of 2° to 20°.
Refer to Keil et al, paragraphs [0037] and [0043] and Figs. 1, 5 and 7-9. The annular first groove side wall (90) forms a first acute angle (A) of 4°-15° with the plane (114).
As to claim 4, Keil et al in view of Mittler discloses the pipe of claim 3, wherein the angle formed by the distal end surface with the radially-extending reference line and the angle formed by the shelf with the radially-extending reference line are different.
Refer to Keil et al, [0043], the third acute angle (C) and first acute angle (A) are different.
As to claim 5, Keil et al in view of Mittler discloses the pipe of claim 3, wherein the angle formed by the distal end surface with the radially-extending reference line and the angle formed by the shelf with the radially-extending reference line are equal.
Refer to Keil et al, [0043], the third acute angle (C) and first acute angle (A) are equal.
As to claim 6, Keil et al in view of Mittler discloses the pipe of claim 3, wherein the angle formed by the distal end surface with the radially-extending reference line is greater than the angle formed by the shelf with the radially- extending reference line.
Refer to Keil et al, [0043], the third acute angle (C) and first acute angle (A) are different.
As to claim 7, Keil et al in view of Mittler discloses the pipe of claim 3, wherein the angle formed by the distal end surface with the radially-extending reference line is less than the angle formed by the shelf with the radially- extending reference line.
Refer to Keil et al, [0043], the third acute angle (C) and first acute angle (A) are different.
As to claim 8, Keil et al in view of Mittler discloses the pipe of claim 1, wherein the coupler features comprise a repeating unit of, in a direction toward the pipe opening, a radially-extending tooth surface and a ramp surface that extends from the tooth surface to an annular surface, wherein a next radially-extending tooth surface extends from the annular surface.
Refer to paragraphs [0021]- [0022] and Figs. 1-3 in Mittler.
As to claim 9, Keil et al in view of Mittler discloses the pipe of claim 1, wherein the coupler features comprise, in a direction from the shelf toward the distal end, a first annular surface having a first annular surface diameter that is constant moving in the direction toward the distal end, a first ramp surface with a first ramp surface diameter that increases in the direction toward the distal end, a second annular surface having a second annular surface diameter that is constant moving in the direction toward the distal end, a first tooth comprising a first tooth surface extending radially from the second annular surface toward the pipe axis, and a second ramp surface extending from the first tooth surface to a third annular surface in the direction toward the distal end.
Refer to paragraphs [0021]- [0022] and Figs. 1-3 in Mittler.
As to claim 10, Keil et al in view of Mittler discloses the pipe of claim 1, wherein the first end portion of the pipe comprises a male coupler comprising a plurality of coupler features formed on an outer wall surface of the male coupler.
Refer to paragraphs [0030]-[0033], [0039] and Figs. 1-3, 5 in Keil et al. The first end portion of the first pipe (22) comprises a male ring (32) comprising an annular second tooth (66) and an annular second groove (63) formed on a annular outer wall (80) of the male ring (32).
As to claim 11, Keil et al discloses a pipe ram joint comprising: a first pipe (22); and a second pipe (42) comprising a male ring (32) that is coupled to a female ring (12) of the first pipe (22), the male ring (32) including: an annular second outer wall (80), an annular second groove (63), and an annular second tooth (66) formed on the annular second outer wall (80); the male ring (32) of the second pipe (42) comprising a second tooth side wall (140); and the male ring (32) further including an annular fourth groove side wall (122) formed in the annular second outer wall (80) on an opposite side from the second tooth side wall (140), wherein the second tooth side wall (140) is angled relative to a plane (144) that is perpendicular to a second longitudinal axis (72) and the annular fourth groove side wall (122) is angled relative to a plane (126) that is perpendicular to the second longitudinal axis (72) (see paragraphs [0029]-[0033], [0036]- [0042], [0056] and figures 1-3, 5).
Keil et al fails to teach that the male coupler comprises a set of male coupler features formed on an outer wall surface, the male coupler features comprising a plurality of ramp surfaces and teeth.
However, Mittler, see paragraph [0021] and figures 1-3, teaches a male-type connector (10) comprising an outer wall surface and a set of engaging elements (16) and each of the engaging elements (16) has four distinct surfaces (18, 20, 22, 24).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Keil et al to include a set of coupler features formed on the outer wall surface, the coupler features comprising a plurality of teeth and a plurality of ramp surfaces between the teeth, as taught by Mittler, with a reasonable expectation of success, in order to provide a reliable and secure pipe coupling that also exhibits sufficient flexibility at the joint(s), particularly useful when ramming pipe lengths underground through the earth.
As to claim 12, Keil et al discloses a second pipe (42) comprising: a second longitudinal axis (72); a first end portion and a second end portion, the first end portion having a male ring (32), the male ring (32) including an annular second outer wall (80), an annular second groove (63), and an annular second tooth (66) formed on the annular second outer wall (80), the first end portion of the second pipe (42) defining a pipe opening; the male ring (32) of the second pipe (42) comprising a second tooth side wall (140); and the male ring (32) further including an annular fourth groove side wall (122) formed in the annular second outer wall (80) on an opposite side from the second tooth side wall (140), wherein the second tooth side wall (140) is angled relative to a plane (144) that is perpendicular to the second longitudinal axis (72) and the annular fourth groove side wall (122) is angled relative to a plane (126) that is perpendicular to the second longitudinal axis (72) (see paragraphs [0031]-[0033], [0040]-[0042] and figures 2-3, 5).
Keil et al fails to teach a male coupler comprising a set of male coupler features formed on an outer wall surface, the male coupler features comprising a plurality of ramp surfaces and teeth.
However, Mittler, see paragraph [0021] and figures 1-3, teaches a male-type connector (10) comprising an outer wall surface and a set of engaging elements (16) and each of the engaging elements (16) has four distinct surfaces (18, 20, 22, 24).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Keil et al to include a set of coupler features formed on the outer wall surface, the coupler features comprising a plurality of teeth and a plurality of ramp surfaces between the teeth, as taught by Mittler, with a reasonable expectation of success, in order to provide a reliable and secure pipe coupling that also exhibits sufficient flexibility at the joint(s), particularly useful when ramming pipe lengths underground through the earth.
As to claim 13, Keil et al in view of Mittler discloses the pipe of claim 12, wherein the distal end surface forms an angle with the radially-extending reference line of 5° to 20°.
Refer to Keil et al, paragraphs [0042] and [0043] and Figs. 1, 5 and 7-9. The second tooth side wall (140) forms an acute angle (F) of 4°-15° with the plane (144).
As to claim 14, Keil et al in view of Mittler discloses the pipe of claim 13, wherein the shelf forms an angle with the radially-extending reference line of 5° to 20°.
Refer to Keil et al, paragraphs [0041] and [0043] and Figs. 1, 5 and 7-9. The annular fourth groove side wall (122) forms a fourth acute angle (D) of 4°-15° with the plane (126).
As to claim 15, Keil et al in view of Mittler discloses the pipe of claim 14, wherein the angle formed by the distal end surface with the radially-extending reference line and the angle formed by the shelf with the radially-extending reference line are different.
Refer to Keil et al, [0043], the acute angle (F) and fourth acute angle (D) are different.
As to claim 16, Keil et al in view of Mittler discloses the pipe of claim 14, wherein the angle formed by the distal end surface with the radially-extending reference line and the angle formed by the shelf with the radially-extending reference line are equal.
Refer to Keil et al, [0043], the acute angle (F) and fourth acute angle (D) are equal.
As to claim 17, Keil et al in view of Mittler discloses the pipe of claim 14, wherein the angle formed by the distal end surface with the radially-extending reference line is greater than the angle formed by the shelf with the radially- extending reference line.
Refer to Keil, paragraph [0043], wherein the third acute angle (C) and the first acute angle (A) are different.
As to claim 18, Keil et al in view of Mittler discloses the pipe of claim 14, wherein the angle formed by the distal end surface with the radially-extending reference line is less than the angle formed by the shelf with the radially- extending reference line.
Refer to Keil, paragraph [0043], wherein the third acute angle (C) and the first acute angle (A) are different.
As to claim 19, Keil et al in view of Mittler discloses the pipe of claim 12, wherein the second end portion of the pipe comprises a female coupler comprising a plurality of coupler features formed on an inner wall surface of the female coupler.
Refer to Keil, paragraphs [0029]-[0033] and figures 1-3, 5: the second end portion of the second pipe (42) comprises a female ring (12) comprising an annular first groove (53) and an annular first tooth (58), wherein the annular first groove (53) and the annular first tooth (58) are formed on an annular first inner wall (76) of the female ring (12).
As to claim 20, Keil et al discloses a pipe ram joint comprising: a first pipe (22) including: a first longitudinal axis (70); a first end portion and a second end portion, the second end portion having a female ring (12), the female ring (12) including an annular first inner wall (76), an annular first groove (53), and an annular first tooth (58), the first end portion of the first pipe (22) defining a pipe opening; the second end portion of the first pipe (22) having a first tooth side wall (110); and the female ring (12) further including an annular first groove side wall (90) formed in the annular first inner wall (76) on an opposite side from the second end portion, wherein the first tooth side wall (110) is angled relative to a plane (114) that is perpendicular to the first longitudinal axis (70) and the annular first groove side wall (90) is angled relative to a plane (96) that is perpendicular to the first longitudinal axis (70); and a second pipe (42) including: a second longitudinal axis (72); a first end portion and a second end portion, the first end portion having a male ring (32), the male ring (32) including an annular second outer wall (80), an annular second groove (63), and an annular second tooth (66) formed on the annular second outer wall (80), the first end portion of the second pipe (42) defining a pipe opening; the male ring (32) of the second pipe (42) comprising a second tooth side wall (140); and the male ring (32) further including an annular fourth groove side wall (122) formed in the annular second outer wall (80) on an opposite side from the second tooth side wall (140), wherein the second tooth side wall (140) is angled relative to a plane (144) that is perpendicular to the second longitudinal axis (72) and the annular fourth groove side wall (122) is angled relative to a plane (126) that is perpendicular to the second longitudinal axis (72), and wherein the male ring (32) of the second pipe (42) is received within the female ring (12) of the first pipe (22) such that the male ring (32) engages the female ring (12) to form the pipe ram joint (see paragraphs [0029]-[0033], [0036]-[0042] and figures 1-3, 5).
Keil et al fails to teach that the female coupler comprises a set of coupler features formed on an inner wall surface, the coupler features comprising a plurality of teeth and a plurality of ramp surfaces between the teeth, and the male coupler comprises a set of coupler features formed on an outer wall surface, the coupler features comprising a plurality of ramp surfaces and teeth.
However, Mittler, see paragraph [0021] and figures 1-3, teaches a male-type connector (10) comprising an outer wall surface and a set of engaging elements (16) and each of the engaging elements (16) has four distinct surfaces (18, 20, 22, 24), and discloses a female-type connector (64) comprising an inner wall surface and a set of engaging elements (16) and each of the engaging elements (16) has four distinct surfaces (18, 20, 22, 24).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Keil et al such that the female coupler comprises a set of coupler features formed on an inner wall surface, the coupler features comprising a plurality of teeth and a plurality of ramp surfaces between the teeth, and the male coupler comprises a set of coupler features formed on an outer wall surface, the coupler features comprising a plurality of ramp surfaces and teeth, as taught by Mittler, with a reasonable expectation of success, in order to provide a reliable and secure pipe coupling that also exhibits sufficient flexibility at the joint(s), particularly useful when ramming pipe lengths underground through the earth.
As to claim 21, Keil et al in view of Mittler discloses the pipe system of claim 20, wherein the first pipe is angulated relative to the second pipe.
Refer to Keil, Fig. 5: first pipe (22); second pipe (42).
As to claim 22, Keil et al in view of Mittler discloses the pipe system of claim 21, wherein: the first pipe axis and the second pipe axis define an angle α between them; and an angle defined between the shelf of the male coupler and the radially-extending reference line that is perpendicular to the second pipe axis is 1.5 α to 10 α.
The variation in angles as described in paragraph [0043] of Keil allows for this prescribed range to be met.
As to claim 23, Keil et al in view of Mittler discloses the pipe system of claim 21, wherein: the first pipe axis and the second pipe axis define an angle α between them; and an angle defined between the distal end surface of the male coupler and the radially- extending reference line that is perpendicular to the second pipe axis is 1.5 α to 10α.
The variation in angles as described in paragraph [0043] of Keil allows for this prescribed range to be met.
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
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Each of Filippov, Argent, Sundelin and McGugan discloses a pipe coupling configuration using ramped surfaces and teeth.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to James M Hewitt II whose telephone number is (571)272-7084. The examiner can normally be reached M-F 730am-930pm (MST), mid-day flex.
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James M. Hewitt II
Primary Examiner
Art Unit 3679
/JAMES M HEWITT II/Primary Examiner, Art Unit 3679