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 § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
B.) Claim(s) 1, is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by over Bengt Sorberg (US 5744085 A, hereinafter Sorberg)Regarding claim 1,
An expansion toolhead for an expansion tool, comprising:
a cap operably coupleable to the expansion tool;
a plurality of jaws forming a 360 degree jaw section operably coupled to the cap,
each of the plurality of jaws including an expansion tool interface portion forming a conical recess enabling a cone-shaped wedge of the expansion tool to move the jaw section between an unexpanded position and an expanded position, and
a cross-linked polyethylene (PEX) tubing interface portion having a distal end,
a proximal end and
a plurality of lands positioned therebetween configured to form a corresponding plurality of substantially uniform diameter portions of the jaw section sequentially increasing in diameter between the distal end and the proximal end for the expansion of multiple different standard sized diameters of PEX tubing.
Sorberg teaches the following:
(Col. 2, lines 29 – 39) teaches that (Figs. 1 – 3) illustrate the significant part of a tool which can be used conveniently to expand a pipe-end 1 in conjunction with establishing a pipe connection. The tool includes a casing 2 in which a piston 3 or the like having a pointed front end of polygonal cross-section can be moved reciprocatingly by means of a drive arrangement described below. The front of the casing 2 has a screw-on cover 5 which includes a through-penetrating central opening and a circular groove 6 in which radial parts 7 of jaws 8 are received in a manner which will permit the jaws 8 to move radially but not axially relative to the ring groove 6. Where the screw-on cover 5 provides for and acts as applicant’s cap operably coupleable to the expansion tool
(Col. 2, lines 29 – 39) The front of the casing 2 has a screw-on cover 5 which includes a through-penetrating central opening and a circular groove 6 in which radial parts 7 of jaws 8 are received in a manner which will permit the jaws 8 to move radially but not axially relative to the ring groove 6. Where the jaws 8 in particular the radial parts 7 provide for and act as applicant’s a plurality of jaws forming a 360 degree jaw section operably coupled to the cap.
(Col. 1, lines 14 – 18) teaches that one example in this regard is found in pipes that are manufactured from cross-linked polyolefins, and particularly pipes that are manufactured from cross-linked polyethylene, such as so-called PEX-pipes, which possess an active memory capacity at temperatures as low as room temperature. (Col. 2, lines 50 – 54) teaches that the jaws 8 have outer jaw surfaces 12 which when seen in cross-section at right angles to the axis 11 are at least generally arcuate in shape and lie adjacent one another when the jaws 8 are in their mutually retracted state or position. Where the jaws 8 comprising outer jaw surfaces 12 provide for and act as applicant’s plurality of jaws including an expansion tool interface portion forming a conical recess enabling a cone-shaped wedge of the expansion tool to move the jaw section between an unexpanded position and an expanded position.
As illustrated in (Figs. 1 – 2) the jaws 8 comprising outer jaw surfaces 12 have a cross-linked polyethylene (PEX) tubing interface portion having a distal end.
As illustrated in (Figs. 1 – 2) the jaws 8 comprising outer jaw surfaces 12 have a cross-linked polyethylene (PEX) tubing interface portion having a proximal end.
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As illustrated in (Fig. 1), and provided within the jaws 8 comprising outer jaw surfaces 12 are shown to have a stepped surface that provides for and acts as applicant’s a plurality of lands positioned therebetween configured to form a corresponding plurality of substantially uniform diameter portions of the jaw section sequentially increasing in diameter between the distal end and the proximal end for the expansion of multiple different standard sized diameters of PEX tubing.
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.
A.) Claim(s) 1, is/are rejected under 35 U.S.C. 103 as being unpatentable over Lundequist et al. (US 20130140739 A1, hereinafter Lundequist) in view of Choi et al. (KR 20170131903 A, hereinafter Choi)Regarding claim 1,
An expansion toolhead for an expansion tool, comprising:
a cap operably coupleable to the expansion tool;
a plurality of jaws forming a 360 degree jaw section operably coupled to the cap,
each of the plurality of jaws including an expansion tool interface portion forming a conical recess enabling a cone-shaped wedge of the expansion tool to move the jaw section between an unexpanded position and an expanded position, and
a cross-linked polyethylene (PEX) tubing interface portion having a distal end,
a proximal end and
a plurality of lands positioned therebetween configured to form a corresponding plurality of substantially uniform diameter portions of the jaw section sequentially increasing in diameter between the distal end and the proximal end for the expansion of multiple different standard sized diameters of PEX tubing.
Lundequist teaches the following:
([0023]) teaches the cover 7 includes a through-penetrating central opening and a circular groove 8, in which radial parts 9 of segments or jaws 10 are received in a manner which will permit the jaws 10 to move radially but not axially relative to the ring groove 8. Where the cover 7 provides for and acts as applicant’s a cap operably coupleable to the expansion tool.
([0023]) teaches that jaws 10 are received in a manner which will permit the jaws 10 to move radially but not axially relative to the ring groove 8. Where the jaws 10 provides for and acts as applicant’s a plurality of jaws forming a 360-degree jaw section operably coupled to the cap.
& d.) & e.) (Abstract) teaches A pipe end is expanded by an expander tool (1) comprising a plurality of jaws (10), which are radially movable in relation to a center axis between a retracted position and expanded position. As illustrated in (Fig. 4) the jaws 10 are found to provide for a including an expansion tool interface portion forming a conical recess enabling a cone-shaped wedge of the expansion tool to move the jaw section between an unexpanded position and an expanded position and a cross-linked polyethylene (PEX) tubing interface portion having a distal end, a proximal end.
([0026]) teaches the jaws 10 are moved apart and then returned to the retracted position and the tool is then moved further into the now slightly expanded pipe end. The procedure is repeated until the pipe end is in abutment with a step 12 of the jaw 10. The steps 12 in the jaws 10 thus form a stop edge for the pipe. A pipe connecting piece can be inserted into the widened pipe end after removing the jaws 10 therefrom and the pipe end is crimped around said connecting piece.
Regarding Claim 1,. Lundequist is silent on a plurality of lands positioned therebetween configured to form a corresponding plurality of substantially uniform diameter portions of the jaw section sequentially increasing in diameter between the distal end and the proximal end for the expansion of multiple different standard sized diameters of PEX tubing. In analogous art for a portable pipe expanding device, (Abstract), Choi suggests details regarding a plurality of lands positioned therebetween configured to form a corresponding plurality of substantially uniform diameter portions of the jaw section sequentially increasing in diameter between the distal end and the proximal end for the expansion of multiple different standard sized diameters of PEX tubing, and in this regard, Choi teaches the following:
([0044]) teaches that an expansion surface (303) is formed on the outer surface in a multi-stage structure to expand the pipe (P), so that it contracts or expands by spreading out or narrowing with respect to the central axis. ([0048]) adds that The above-mentioned extension member (300) forms an extension surface portion (303) formed with at least two or more multi-stage structures. ([0049]) notes that the above-mentioned extended surface portion (303) is formed with different diameters. As illustrated in (Figs. 4 – 5), the expansion surface (303) is provided with a plurality of lands positioned therebetween configured to form a corresponding plurality of substantially uniform diameter portions of the jaw section sequentially increasing in diameter between the distal end and the proximal end for the expansion of multiple different standard sized diameters of PEX tubing.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the production method and apparatus for manufacturing pipe end that is expanded by an expander tool (1) comprising a plurality of jaws (10), which are radially movable in relation to a center axis between a retracted position and expanded position, of Lundequist. By modifying the expansion surface to comprise a plurality of lands positioned therebetween configured to form a corresponding plurality of substantially uniform diameter portions of the jaw section sequentially increasing in diameter between the distal end and the proximal end for the expansion of multiple different standard sized diameters of PEX tubing, as taught by Choi. Highlighting, one would be motivated to implement comprise a plurality of lands positioned therebetween configured to form a corresponding plurality of substantially uniform diameter portions of the jaw section sequentially increasing in diameter between the distal end and the proximal end for the expansion of multiple different standard sized diameters of PEX tubing as it allows for having an single expansion tool that may provide for expanding pipes to different diameters without changing the expansion tool head, ([0049]). Highlighting, that the use of known technique to improve similar devices (methods, or products) in the same way and/or the application of a known technique to a known device (method, or product) ready for improvement to yield predictable results provides for the recitation of KSR case law. Where, "A person of ordinary skill has good reason to pursue the known option within his or her technical grasp. If this leads to the anticipated success, it is likely the product not of innovation but of ordinary skill and common sense." KSR int'l Co. v. Teleflex Inc., 127 S. Ct. 1727, 82 USPQ2d 1385 (2007), MPEP 2143.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
et al. ( ) – teaches in the (Abstract)
et al. ( ) – teaches in the (Abstract)
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/Andrés E. Behrens Jr./Examiner, Art Unit 1741
/JaMel M Nelson/Primary Examiner, Art Unit 1743
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