DETAILED ACTION
The present application has been made of the record and currently claims 27-46 are pending while claims 1-26 are cancelled.
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 .
Information Disclosure Statement
On the IDS filed 11/14/2025 Foreign patent document EP-0975914-A1 has not been considered because a copy of the document has not been provided as required by 37 CFR 1.98(a)(2).
Manner of Making Amendments
Applicant originally filed claims 1-20 on 11/14/2025. Applicant also filed a preliminary amendment on 11/14/2025 cancelling claims 1-26 and adding new claims 27-46. It is unclear of Applicant’s inclusion of claims 21-26 as canceled claims as the originally filed claims only contained claims 1-20. Arguendo, as claims 27-46 are properly marked as “new” claims and are the only claims that would be pending in the preliminary amendment, the preliminary amendment has been entered and claims 27-46 have been examined on the merits.
Note, all future submissions must be in accordance with 37 CFR 1.121(c), or the response will be held to be non-compliant.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims.
For example:
“an aperture in a sidewall of the mainline pipe” of claim 27 must be shown or the feature(s) canceled from the claim(s).
“a first sleeve of the connector through the aperture” of claim 27 must be shown or the feature(s) canceled from the claim(s).
“a second sleeve of the connector over the outlet pipe … a proximal end of the outlet pipe is positioned in an interior region of the mainline pipe” of claim 27 must be shown or the feature(s) canceled from the claim(s).
“the first sleeve to the second sleeve secured by a fastener” of claim 27 must be shown or the feature(s) canceled from the claim(s).
“a first lip of the first sleeve aligned in the interior region of the mainline pipe” of claim 28 must be shown or the feature(s) canceled from the claim(s).
“the first lip of the first sleeve conforms to an inner radius of the mainline pipe” of claim 32 must be shown or the feature(s) canceled from the claim(s).
“the fastener comprises at least one of a non-adjustable band, an adjustable band, a ratcheting band, a zip tie, or a clinch band” of claim 35 must be shown or the feature(s) canceled from the claim(s).
“fastener is accommodated in the one or more recesses of the second sleeve” of claim 38 must be shown or the feature(s) canceled from the claim(s).
“the first plurality of ridges and the second plurality of ridges comprise longitudinal ridges” of claim 42 must be shown or the feature(s) canceled from the claim(s).
“a gap is formed between an inner diameter of the second sleeve and an outer diameter of the first sleeve when the second sleeve is disposed on the first sleeve” (ex., the combination of claim 27 and claim 46 requires the sleeves connected to the mainline pipe while also producing a gap between the second sleeve and first sleeve) of claim 46 must be shown or the feature(s) canceled from the claim(s).
No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The abstract of the disclosure is objected to because:
The abstract should avoid using phrases which can be implied, such as, “The embodiments of the present disclosure provide”.
Correction is required. See MPEP § 608.01(b).
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 (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 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.
Claim(s) 27-41, 43, and 45 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Arlt (DE-4014684).
Claim 27, Arlt discloses:
A method for installing a connector for connecting a mainline pipe with an outlet pipe (see fig. 4 hereinafter), the method comprising:
forming an aperture (see near 1) in a sidewall of the mainline pipe (2);
inserting a first sleeve (3) of the connector through the aperture;
positioning a second sleeve (21) of the connector over the outlet pipe (see fig. 4);
inserting the outlet pipe into the first sleeve (see fig. 4) such that a proximal end of the outlet pipe is positioned in an interior region of the mainline pipe;
positioning the second sleeve over the first sleeve (see fig. 4), such that the second sleeve is disposed on the first sleeve; and
securing the first sleeve to the second sleeve by a fastener (22’).
Claim 28, Arlt discloses:
The method of claim 27, wherein inserting the first sleeve through the aperture further comprises aligning a first lip of the first sleeve in the interior region of the mainline pipe (for illustrative purposes only, see fig. 5).
Claim 29, Arlt discloses:
The method of claim 27, wherein inserting the first sleeve through the aperture comprises folding the first sleeve along a longitudinal dimension (for illustrative purposes only, see fig. 5).
Claim 30, Arlt discloses:
The method of claim 28, wherein the first lip of the first sleeve is configured to conform to a contour of an interior surface of the mainline pipe surrounding the aperture (ex., see fig. 4).
Claim 31, Arlt discloses:
The method of claim 30, wherein the first lip of the first sleeve comprises a curvature corresponding to a curvature of the interior surface of the mainline pipe surrounding the aperture (ex., see fig. 4).
Claim 32, Arlt discloses:
The method of claim 30, wherein the first lip of the first sleeve conforms to an inner radius of the mainline pipe (see fig. 4).
Claim 33, Arlt discloses:
The method of claim 27, wherein positioning the second sleeve over the first sleeve comprises sliding the second sleeve over the first sleeve (ex., compare fig. 3 with fig. 4).
Claim 34, Arlt discloses:
The method of claim 27, wherein the second sleeve is configured to abut an exterior surface of the mainline pipe surrounding the aperture.
Claim 35, Arlt discloses:
The method of claim 27, wherein the fastener comprises at least one of a non-adjustable band, an adjustable band, a ratcheting band, a zip tie, or a clinch band (see fig. 4).
Claim 36, Arlt discloses:
The method of claim 27, wherein securing the first sleeve to the second sleeve further comprises securing the first sleeve and the second sleeve to the outlet pipe.
Claim 37, Arlt discloses:
The method of claim 27, wherein the second sleeve comprises one or more recesses extending circumferentially around the second sleeve (see near 22’).
Claim 38, Arlt discloses:
The method of claim 37, wherein the fastener is accommodated in the one or more recesses of the second sleeve.
Claim 39, Arlt discloses:
The method of claim 27, wherein:
an exterior surface of the first sleeve comprises a first plurality of ridges (see near 23 fig. 4), and
an interior surface of the second sleeve comprises a second plurality of ridges (see near 23 fig. 4).
Claim 40, Arlt discloses:
The method of claim 39, wherein the first plurality of ridges and the second plurality of ridges are configured to interact with each other to inhibit movement between the first sleeve and the second sleeve (see fig. 4).
Claim 41, Arlt discloses:
The method of claim 39, wherein the first plurality of ridges and the second plurality of ridges comprise lateral ridges (see fig. 4).
Claim 43, Arlt discloses:
The method of claim 41, wherein the first plurality of ridges and the second plurality of ridges are configured to inhibit movement between the first sleeve and the second sleeve along a vertical axis between the first sleeve and the second sleeve (see fig. 4).
Claim 45, Arlt discloses:
The method of claim 27, wherein the outlet pipe is configured to extend past both ends of the first sleeve (ex., see fig. 4).
Claim(s) 27-38 and 45-46 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kuzma (EP-3486596).
Claim 27, Kuzma discloses:
A method for installing a connector for connecting a mainline pipe with an outlet pipe (see annotated fig. 14 below hereinafter), the method comprising:
forming an aperture (see near “gap”) in a sidewall of the mainline pipe (18);
inserting a first sleeve (see near 4) of the connector through the aperture;
positioning a second sleeve (5) of the connector over the outlet pipe (see near 10);
inserting the outlet pipe into the first sleeve (ex., see annotated fig. 14 where outlet pipe is inserted thereinto) such that a proximal end of the outlet pipe is positioned in an interior region of the mainline pipe (see annotated fig. 14);
positioning the second sleeve over the first sleeve (ex., see annotated fig. 14 where the second sleeve is over the first sleeve), such that the second sleeve is disposed on the first sleeve; and
securing the first sleeve to the second sleeve by a fastener (13; ex., the fastener further fastens the first sleeve and second sleeve together).
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Claim 28, Kuzma discloses:
The method of claim 27, wherein inserting the first sleeve through the aperture further comprises aligning a first lip of the first sleeve in the interior region of the mainline pipe (see annotated fig. 14 above hereinafter).
Claim 29, Kuzma discloses:
The method of claim 27, wherein inserting the first sleeve through the aperture comprises folding the first sleeve along a longitudinal dimension (see annotated fig. 14, where one of the fingers would require to bend/fold and therefore would meet the limitation of the claim).
Claim 30, Arlt discloses:
The method of claim 28, wherein the first lip of the first sleeve is configured to conform to a contour of an interior surface of the mainline pipe surrounding the aperture (see annotated fig. 14).
Claim 31, Kuzma discloses:
The method of claim 30, wherein the first lip of the first sleeve comprises a curvature corresponding to a curvature of the interior surface of the mainline pipe surrounding the aperture (see annotated fig. 14).
Claim 32, Kuzma discloses:
The method of claim 30, wherein the first lip of the first sleeve conforms to an inner radius of the mainline pipe (see annotated fig. 14).
Claim 33, Kuzma discloses:
The method of claim 27, wherein positioning the second sleeve over the first sleeve comprises sliding the second sleeve over the first sleeve (see annotated fig. 14).
Claim 34, Kuzma discloses:
The method of claim 27, wherein the second sleeve is configured to abut an exterior surface of the mainline pipe surrounding the aperture (see annotated fig. 14).
Claim 35, Kuzma discloses:
The method of claim 27, wherein the fastener comprises at least one of a non-adjustable band, an adjustable band, a ratcheting band, a zip tie, or a clinch band (see annotated fig. 14, where the u-shaped retainer would meet the limitation of a band).
Claim 36, Kuzma discloses:
The method of claim 27, wherein securing the first sleeve to the second sleeve further comprises securing the first sleeve and the second sleeve to the outlet pipe (see annotated fig. 14, where the fastener further secures the entire unit).
Claim 37, Kuzma discloses:
The method of claim 27, wherein the second sleeve comprises one or more recesses extending circumferentially around the second sleeve (see annotated fig. 15 below).
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Claim 38, Kuzma discloses:
The method of claim 37, wherein the fastener is accommodated in the one or more recesses of the second sleeve (see annotated fig. 14).
Claim 45, Kuzma discloses:
The method of claim 27, wherein the outlet pipe is configured to extend past both ends of the first sleeve (ex., see annotated fig. 14).
Claim 46, Kuzma discloses:
The method of claim 27, wherein a gap (see annotated fig. 14) is formed between an inner diameter of the second sleeve and an outer diameter of the first sleeve when the second sleeve is disposed on the first sleeve.
Claim Rejections - 35 USC § 103
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) 39-42 are rejected under 35 U.S.C. 103 as being unpatentable over Kuzma as applied to claim 27 above and in view of Wessels (EP-2754763).
In regards to claim 39, Kuzma discloses:
The method of claim 27,
but does not disclose:
an exterior surface of the first sleeve comprises a first plurality of ridges, and
an interior surface of the second sleeve comprises a second plurality of ridges.
In regards to the ridges, Wessels discloses:
A similar device (see fig. 2) comprising a first (40, fig. 2) and second sleeve (46, fig. 2) comprising saw-tooth shaped ridges (30 and 50, fig. 2) and guide means (47, fig. 2),
wherein the ridges allow movement of the first and second sleeve towards each other, but block movement of the first and second part away from each other, at least at a number of predetermined positions (see paragraph 0057, lines 4-7), and
wherein the guide means are adapted for guiding translational movement of first sleeve relative to said second sleeve and for substantially blocking a rotational movement (see paragraph 0019).
It would have been obvious to one of ordinary skill in the art before the effective filling date to modify the first and second sleeve of Kuzma with the provision of the combination of ridges and guide means to meet the limitation of claim 39 to allow the first and second sleeves of Kuzma towards each other, but block movement of the first and second sleeve away from each other, at least at a number of predetermined positions and to allow guiding of translational movement between the two sleeves, as taught by Wessels (see paragraph 0057, lines 4-7 for the ridges; see paragraph 0019 for the guide means).
In regards to claim 40, Kuzma in view of Wessels further discloses:
The method of claim 39, wherein the first plurality of ridges and the second plurality of ridges are configured to interact with each other to inhibit movement between the first sleeve and the second sleeve (it is inherent that providing ridges on the point of contact between both first and second sleeve would meet this limitation).
In regards to claim 41, Kuzma in view of Wessels further discloses:
The method of claim 39, wherein the first plurality of ridges and the second plurality of ridges comprise lateral ridges (ex., see fig. 5 of Wessels, where the ridges near 51 are lateral).
In regards to claim 42, Kuzma in view of Wessels further discloses:
The method of claim 39, wherein the first plurality of ridges and the second plurality of ridges comprise longitudinal ridges (ex., 47 in fig. 5 of Wessels).
In regards to claim 43, Kuzma in view of Wessels further discloses:
The method of claim 41, wherein the first plurality of ridges and the second plurality of ridges are configured to inhibit movement between the first sleeve and the second sleeve along a vertical axis between the first sleeve and the second sleeve (it is inherent that providing ridges on the point of contact between both first and second sleeve would meet this limitation).
Claim(s) 44 is rejected under 35 U.S.C. 103 as being unpatentable over Arlt as applied to claim 27 above and in view of Driver et al. (U.S. Patent No. 5,737,822).
In regards to claim 44, Arlt discloses:
The method of claim 27,
but does not disclose:
wherein forming the aperture in the sidewall of the mainline pipe comprises forming the aperture using a hole saw.
In regards to the tool, Driver discloses a similar device (see fig. 5 hereinafter) comprising a mainline pipe (13) comprising a hole (45) such that holes in mainline pipes are known to be formed via a hole saw or a drill (6:1-3).
It would have been obvious to one of ordinary skill in the art before the effective filling date to use a hole saw to form the aperture in the sidewall of the mainline pipe of Arlt because Driver discloses that there a finite number of identified solutions of using either a hole saw or a drill to create a hole in a mainline pipe (6:1-3). A person of ordinary skill could have pursued the known potential solutions with a reasonable expectation of success because using either a hole saw or a drill to create a hole in the mainline pipe is within their technical grasp and would produce no new results.
Claim(s) 44 is rejected under 35 U.S.C. 103 as being unpatentable over Kuzma as applied to claim 27 above and in view of Driver.
In regards to claim 44, Kuzma discloses:
The method of claim 27,
but does not disclose:
wherein forming the aperture in the sidewall of the mainline pipe comprises forming the aperture using a hole saw.
In regards to the tool, Driver discloses a similar device (see fig. 5 hereinafter) comprising a mainline pipe (13) comprising a hole (45) such that holes in mainline pipes are known to be formed via a hole saw or a drill (6:1-3).
It would have been obvious to one of ordinary skill in the art before the effective filling date to use a hole saw to form the aperture in the sidewall of the mainline pipe of Kuzma because Driver discloses that there a finite number of identified solutions of using either a hole saw or a drill to create a hole in a mainline pipe (6:1-3). A person of ordinary skill could have pursued the known potential solutions with a reasonable expectation of success because using either a hole saw or a drill to create a hole in the mainline pipe is within their technical grasp and would produce no new results.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Yoshida (JP-2002228076) discloses a similar device to the present invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEXANDER TYLER RUFRANO whose telephone number is (571)272-6223. The examiner can normally be reached Mon - Fri 8:30AM to 4:30PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Matthew Troutman can be reached at (571) 270-3654. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/A.T.R./Examiner, Art Unit 3679
/Matthew Troutman/Supervisory Patent Examiner, Art Unit 3679
