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
The information disclosure statements (IDS) submitted on 03/05/2026 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Drawings
Color photographs and color drawings are not accepted in utility applications unless a petition filed under 37 CFR 1.84(a)(2) is granted. Any such petition must be accompanied by the appropriate fee set forth in 37 CFR 1.17(h), one set of color drawings or color photographs, as appropriate, if submitted via the USPTO patent electronic filing system or three sets of color drawings or color photographs, as appropriate, if not submitted via the via USPTO patent electronic filing system, and, unless already present, an amendment to include the following language as the first paragraph of the brief description of the drawings section of the specification:
The patent or application file contains at least one drawing executed in color. Copies of this patent or patent application publication with color drawing(s) will be provided by the Office upon request and payment of the necessary fee.
Color photographs will be accepted if the conditions for accepting color drawings and black and white photographs have been satisfied. See 37 CFR 1.84(b)(2).
Photographs, including photocopies of photographs, are not ordinarily permitted in utility and design patent applications. The Office will accept photographs in utility and design patent applications, however, if photographs are the only practicable medium for illustrating the claimed invention. See 37 CFR 1.84(b)(1). In this case, Figs. 8-12 appear to be photographs or photocopies of photographs and are not the only practicable medium for illustrating the claimed invention. See Figs. 1-7 of applicant’s drawings for examples of acceptable drawings.
Specification
The abstract of the disclosure is objected to because the phrase "In a preferred embodiment, there is provided" is implied language. Correction is required. See MPEP § 608.01(b)(I)(C). A suggestion is to delete the phrase.
Claim Objections
Claims 4 and 15-16 are objected to because of the following informalities:
Claim 4 recites “(PMMA)…(ABS)…” and should delete all the acronyms to avoid any ambiguity of what can be implied within parenthesis.
Claim 4 recites “chlorinated PVC” and should be “chlorinated polyvinyl chloride
Claim 15 recites “the coupling body comprises…a cap, or wherein the coupling body comprises a cap.” seems redundant and should be “the coupling body comprises…a cap
Claim 16 recites “(PMMA)…(ABS)…” and should delete all the acronyms similar to claim 4 above.
Claim 16 recites “chlorinated PVC” and should be “chlorinated polyvinyl chloride
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.
Claims 1-2, 4-5, 8-10, 12-17, 20-22, and 24-25 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Oswald (DE 4214279 A1).
In regard to claim 1, Oswald discloses a pipe fitting (Fig. 1, pipe fitting at 3) comprising a coupling body (Fig. 1, body at 3) having an open end (Fig. 1 shows the open end side of 3) and a fusible sleeve (Fig. 1, sleeve 1 is a fusible sleeve) sized to be received at the open end for engagement of a pipe thereto (Fig. 2 shows the sleeve received in the open end of 3 for engagement of a pipe 2), the coupling body comprising a sidewall defining an internal bore (Fig. 2, sidewall of 3 that receives 1 and 2 defines an internal bore) sized for receiving at least a portion of the pipe with the fusible sleeve interposed between the sidewall and the pipe in an engaged position (Fig. 2 shows the engaged position), the fusible sleeve having a tapered outer surface for frictional engagement with an inner surface of the sidewall (Figs. 1 and 2, tapered outer surface at 5 and in [0031] of the English translation discloses the tapered outer surface at 5 is to provide a suitable interference fit),
wherein the fusible sleeve comprises a thermoplastic material (Fig. 1 and in [0016] and [0031] discloses sleeve 1 can be made of a thermoplastic such as polypropylene) and an electrically conductive material combined with the thermoplastic material (Fig. 2, electrically conductive material defined by heating wire 4 which can be connected by terminals 8 to an electric source which is combined with the thermoplastic material of 1), the electrically conductive material being located to heat or melt the thermoplastic material upon induction heating of the electrically conductive material (Fig. 2, the electrically conductive heating wire material is located to heat or melt the thermoplastic of 1 and since the heating wire is coiled, it is reasonably considered as induction heater that is also inductively heated. See https://en.wikipedia.org/wiki/Induction_heating.), thereby joining the coupling body and the pipe in the engaged position (Fig. 2, heating and melting the sleeve 1 joins coupling body of 3 to the pipe 2 in the engaged position).
In regard to claim 2, Oswald discloses the pipe fitting of claim 1, wherein the coupling body comprises at least a coupling or a tee (Fig. 2, coupling body 3 is at least a coupling and in [0019] discloses the coupling body 3 can be at least a tee, angle piece, or similar).
In regard to claim 4, Oswald discloses the pipe fitting of claim 1, wherein the thermoplastic material comprises one or more selected from the group consisting of polyacrylic acid, poly(methyl methacrylate), acrylonitrile butadiene styrene, polyamide, polylactic acid, polybenzimidazole, polycarbonate, polyether sulfone, polyoxymethylene, polyether ether ketone, polyetherimide, polyphenylene oxide, polyphenylene sulfide, polystyrene, polypropylene, polyvinyl chloride, chlorinated polyvinyl chloride, polyvinylidene fluoride and polytetrafluoroethylene (Fig. 1 and in [0016] and [0031] discloses sleeve 1 can be made of a thermoplastic such as polypropylene).
In regard to claim 5, Oswald discloses the pipe fitting of claim 1, wherein the thermoplastic material comprises polypropylene (Fig. 1 and in [0016] and [0031] discloses sleeve 1 can be made of a thermoplastic such as polypropylene).
In regard to claim 8, Oswald discloses the pipe fitting of claim 1, wherein the fusible sleeve comprises first and second axial ends (Fig. 1, first axial end near 9 and second axial end near 7), the first axial end being for placement proximate to a longitudinal end of the pipe relative to the second axial end in the engaged position (Fig. 2, the first axial end near 9 is for placement proximate to a longitudinal end of pipe 2), wherein the fusible sleeve tapers towards the first axial end (Fig. 2. Sleeve 1 tapers toward 9 as shown).
In regard to claim 9, Oswald discloses the pipe fitting of claim 8, wherein the fusible sleeve tapers towards the first axial end at a tapering angle between about 0.01° and about 7° (Fig. 2, the taper of sleeve 1 has the same taper angle between the taper of the end of the pipe 2 and the taper of the inner bore of 3 in the engaged position which is about two degrees as disclosed in [0030]), the tapering angle being measured along a line parallel to a longitudinal axis of the fusible sleeve (Fig. 2, the tapering angle of sleeve 1 is along a line parallel to a longitudinal axis of sleeve 1 as indicated by the axial dotted line).
In regard to claim 10, Oswald discloses the pipe fitting of claim 8, wherein the fusible sleeve further comprises a seating flange extending inwardly at the first axial end (Fig. 2, stop flange 9 defines a seating flange that extend inwardly at the first axial end), the seating flange being shaped for seated engagement of the longitudinal end of the pipe thereto in the engaged position (Fig. 2, flange 9 is shaped for seated engagement of the longitudinal end of the pipe 2 in the engaged position as shown).
In regard to claim 12, Oswald discloses the pipe fitting of claim 8, wherein the fusible sleeve comprises first and second longitudinal sections respectively disposed adjacent to the first and second axial ends (See image below, the sleeve has at least first and second longitudinal sections respectively disposed adjacent to the first and second axial ends), the first longitudinal section comprising the thermoplastic material and the electrically conductive material combined with the thermoplastic material (See image below, the first longitudinal section has the thermoplastic material and the electrically conductive material), and the second longitudinal section comprising the thermoplastic material substantially without the electrically conductive material (See image below, the second longitudinal section has the flange portion of the sleeve which is the thermoplastic material and substantially without the electrically conductive material since it is mostly the portion within the body 3 that is intended to be melted).
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In regard to claim 13, Oswald discloses the pipe fitting of claim 12, wherein the first longitudinal section and at least a portion of the second longitudinal section are sized to be interposed between the sidewall and the pipe in the engaged position (See image above for claim 12, the first longitudinal section is radially interposed between the sidewall of 3 and pipe 2 in the engaged position and at least a portion of the second longitudinal section is axially interposed between the sidewall and an opposite end of the pipe 2 not shown, therefore, the first longitudinal section and at least a portion of the second longitudinal section are sized to be interposed between the sidewall and the pipe in the engaged position).
In regard to claim 14, Oswald discloses a fusible sleeve for electrofusion of a pipe and a pipe fitting, the pipe fitting comprising a coupling body having an open end, the coupling body comprising a sidewall defining an internal bore sized for receiving at least a portion of the pipe with the fusible sleeve interposed between the sidewall and the pipe in an engaged position at the open end,
wherein the fusible sleeve has a tapered outer surface for frictional engagement with an inner surface of the sidewall, and the fusible sleeve comprises a thermoplastic material and an electrically conductive material combined with the thermoplastic material, the electrically conductive material being located to heat or melt the thermoplastic material upon induction heating of the electrically conductive material to thereby join the coupling body and the pipe in the engaged position (See claim 1 above for the same reasons which require the same features of claim 14).
In regard to claim 15, Oswald discloses the fusible sleeve of claim 14, wherein the coupling body comprises a coupling or a tee (See claim 2 above for the same reasons).
In regard to claim 16, Oswald discloses the fusible sleeve of claim 14, wherein the thermoplastic material comprises one or more selected from the group consisting of polyacrylic acid, poly(methyl methacrylate), acrylonitrile butadiene styrene, polyamide, polylactic acid, polybenzimidazole, polycarbonate, polyether sulfone, polyoxymethylene, polyether ether ketone, polyetherimide, polyphenylene oxide, polyphenylene sulfide, polystyrene, polypropylene, polyvinyl chloride, chlorinated polyvinyl chloride, polyvinylidene fluoride and polytetrafluoroethylene (See claim 4 above for the same reasons).
In regard to claim 17, Oswald discloses the fusible sleeve of claim 14, wherein the thermoplastic material comprises polypropylene (See claim 5 above for the same reasons).
In regard to claim 20, Oswald discloses the fusible sleeve of claim 14, wherein the fusible sleeve comprises first and second axial ends, the first axial end being for placement proximate to a longitudinal end of the pipe relative to the second axial end in the engaged position, wherein the fusible sleeve tapers towards the first axial end (See claim 8 above for the same reasons).
In regard to claim 21, Oswald discloses the fusible sleeve of claim 20, wherein the fusible sleeve tapers towards the first axial end at a tapering angle between about 0.01° and about 7°, the tapering angle being measured along a line parallel to a longitudinal axis of the fusible sleeve (See claim 9 above for the same reasons).
In regard to claim 22, Oswald discloses the fusible sleeve of claim 20, wherein the fusible sleeve further comprises a seating flange extending inwardly at the first axial end, the seating flange being shaped for seated engagement of the longitudinal end of the pipe thereto in the engaged position (See claim 10 above for the same reasons).
In regard to claim 24, Oswald discloses the pipe fitting of claim 20, wherein the fusible sleeve comprises first and second longitudinal sections respectively disposed adjacent to the first and second axial ends, the first longitudinal section comprising the thermoplastic material and the electrically conductive material combined with the thermoplastic material, and the second longitudinal section comprising the thermoplastic material substantially without the electrically conductive material (See claim 12 above for the same reasons).
In regard to claim 25, Oswald discloses the pipe fitting of claim 24, wherein the first longitudinal section and at least a portion of the second longitudinal section are sized to be interposed between the sidewall and the pipe in the engaged position (See claim 13 above for the same reasons).
Claim Rejections - 35 USC § 103
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 3 is rejected under 35 U.S.C. 103 as being unpatentable over Oswald (DE 4214279 A1) in view of Julien (WO 2020007921 A1).
Oswald discloses the pipe fitting of claim 1, but does not expressly disclose wherein the coupling body comprises a cap.
In the related field of fusible pipe couplings, Julien teaches a coupling body (Fig. 6B, coupling body at 30) for a fusible pipe coupling can be a cap (On page 19, lines 25-27 discloses the coupling body can be a cap) in order to have at least the advantage of a known and reliable coupling for the plumbing industry (On page 19, lines 25-27 discloses the coupling body can be a straight sleeve, a tee, a reducer, a cap, an elbow, or any other fittings suitable in the plumbing industry).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified the coupling body of Oswald to be a cap with a reasonable expectation of success in order to have the advantage of a known and reliable coupling suitable for at least the plumbing industry as taught by Julien.
Additionally, fittings such as an elbow, a sweep elbow, a coupling, a reducer, a tee, a cross, a wye or a cap are well-known commercially available fittings as disclosed at least at https://www.homedepot.com/s/plumbing%20fittings%20pvc?NCNI-5&searchAnalytics=plumbing%20fittings%20pvc-_-type%20ahead-_-0|1|2-_-typeahead-v2-search-api and a person of ordinary skill in the art would reasonably substitute one fitting for another in order to cater to different installment environments.
Claims 6-7 and 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Oswald (DE 4214279 A1).
In regard to claim 6, Oswald discloses the pipe fitting of claim 1, but does not expressly disclose wherein the electrically conductive material comprises one or more of copper, aluminum, iron, tungsten, chromium, nickel, cobalt, platinum, silver, gold, carbon black, carbon fiber, graphite, graphene and carbon nanotube.
It has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified the electrically conductive wire material of Oswald to be made of a known electrofusion wire material such as copper, iron, aluminum, nickel, nickel chromes, or steel with a reasonable expectation of success in order to have the advantage of known and reliable materials for electrically conductive wire materials for fusion that also provides low cost or high strength as disclosed at https://web.archive.org/web/20230927193832/https://www.scottprecisionwire.com/wire/electrofusion-wire/.
In regard to claim 7, Oswald discloses the pipe fitting of claim 1, wherein the electrically conductive material comprises stainless steel dispersed in the thermoplastic material (See claim 6 above for the same reason which also includes steel and at https://web.archive.org/web/20230927194549/https://www.scottprecisionwire.com/technical-data/alloy-data-sheets/stainless-steel-304l-wire/ discloses stainless steel as a known, reliable, and commercially available material for electrofusion).
In regard to claim 18, Oswald discloses the fusible sleeve of claim 14, wherein the electrically conductive material comprises one or more of copper, aluminum, iron, tungsten, chromium, nickel, cobalt, platinum, silver, gold, carbon black, carbon fiber, graphite, graphene and carbon nanotube (See claim 6 above for the same reasons).
In regard to claim 19, Oswald discloses the fusible sleeve of claim 14, wherein the electrically conductive material comprises stainless steel dispersed in the thermoplastic material (See claim 7 above for the same reasons).
Claims 11 and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Oswald (DE 4214279 A1) in view of Maier et al. (US 8,455,067 B2, hereinafter “Maier”).
In regard to claim 11, Oswald discloses the pipe fitting of claim 8, but does not expressly disclose wherein the fusible sleeve defines a plurality of notches at the first axial end along a periphery thereof, the plurality of notches extending towards the second axial end.
In the related field of fusible sleeves, Maier teaches a fusible sleeve (Fig. 12 shows a fusible sleeve having heating elements 58’) having a plurality of notches at a first axial end along a periphery thereof (Fig. 12, plurality of notches at 72 at a first axial end along a periphery thereof), the plurality of notches extending towards a second axial end (Fig. 12, notches 72 extend toward a second axial end at 70) in order to have the advantage of flexibility and close any gaps between the sleeve and a pipe (In 2:25-34 discloses the advantage of the cuts 72 that define the notches which allows flexibility and close any gaps between the sleeve and a pipe).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified the sleeve of Oswald to include a plurality of notches at the first axial end along a periphery thereof, the plurality of notches extending towards the second axial end with a reasonable expectation of success in order to have the advantage of flexibility and close any unwanted gaps between the sleeve and the pipe as taught by Maier.
In regard to claim 23, Oswald discloses the fusible sleeve of claim 20, and Oswald in view of Maier disclose wherein the fusible sleeve defines a plurality of notches at the first axial end along a periphery thereof, the plurality of notches extending towards the second axial end (See claim 11 above for the same reasons).
Claim 1-2, 4-5, 8-10, 14-17, and 20-22 are rejected under 35 U.S.C. 103 as being unpatentable over Oswald (DE 4214279 A1) in view of Goto et al. (US 5,462,314 hereinafter “Goto”). The following is an alternative interpretation of claim 1.
It is noted that claim 1 recites “upon induction heating of the electrically conductive material” which does not exclude the electrically conductive material to be the inductive heater, however, in the spirit of compact prosecution, even if this recitation intended the electrically conductive material to be separate from the inductive heater, Oswald in view of Goto meets this limitation as described in the following.
In regard to claim 1, Oswald discloses all the features of claim 1 as previously described above but does not expressly disclose excluding the electrically conductive material to be the inductive heater.
In the related field of fusion fittings, Goto teaches induction heating of an element embedded in a pipe fitting which the element can be a coil (Fig. 2 shows an induction heater 20 which heats an embedded element 18 to join a fitting at 12 with a pipe 14 and in Fig. 8 shows an embodiment of 18 can be a coil similar to that of Oswald) and the advantages of induction heating provides at least ease of manufacturing, ease without use of power supply terminals, controlled temperature, and fast bonding time (In 2:28-65 discloses the advantage of induction heating).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have substituted the heating mechanism of Oswald for the induction heating mechanism of Goto with a reasonable expectation of success in order to have the advantage of at least ease of manufacturing, ease without use of power supply terminals, controlled temperature, and fast bonding time as taught by Goto. See MPEP 2143(I)(B) with regard to simple substitution of one known element for another to obtain predictable results.
Additionally, Goto references the known disadvantage of Oswald in the use of power supply terminals such that the wire 8 of Oswald extends outside of the sleeve and the sleeve would need a hole in which the exposed wire of 8 can be attached to a power supply. However, Goto would reasonably suggest a simpler design of just having the coiled part at the portion intended to be melted without needing to figure out how to extend part of the coil outside of the fitting.
In regard to claims 2, 4-5, 8-10, 14-17, and 20-22, Oswald and Goto disclose all the features of claims 2, 4-5, 8-10, 14-17, and 20-22 since Oswald further discloses these claims alone above under section Claim Rejections - 35 USC § 102.
Claims 12-13 and 24-25 are rejected under 35 U.S.C. 103 as being unpatentable over Oswald (DE 4214279 A1) in view of Goto (US 5,462,314) and further in view of Smith (US 6,193,834 B1). The following is an alternative interpretation of claims 12-13 and 24-25.
It is noted that claims 12-13 and 24-25 are new features not previously disclosed in applicant’s parent application and the claims attempt to claim features regarding “cold zones” to ensure improved retention and structural integrity. While Oswald alone discloses all the structural features of claims 12-13 and 24-25, in the spirit of compact prosecution, if applicant intended claims 12-13 and 24-25 to also include that the portion of the second longitudinal section fits radially within the sidewall and the pipe in the engaged position, then Oswald in view of Goto and Smith discloses this feature.
In regard to claims 12-13 and 24-25, Oswald discloses all these features as described above under the section Claim Rejections - 35 USC § 102.
Oswald and Goto do not expressly disclose the portion of the second longitudinal section fits radially within the sidewall and the pipe in the engaged position. As mentioned above, this structural feature is for having “cold zones” in light of applicant’s specification in order to have the advantage of improved retention and structural integrity.
In the related field of fusion pipe fitting, Smith teaches having “cold zones” in a fusible sleeve (Fig. 4A shows a fusible sleeve at 40 for a pipe joint and Fig. 6 shows the sleeve can have “cold zones” at 56 and 57 that are adjacent the melt region 53) in order to improve fusion bonding (In 3:32-45 and 7:40-57 disclose the advantage of having “cold zones” in a fusible sleeve).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified Oswald in view of Goto to have the portion of the second longitudinal section fits radially within the sidewall and the pipe in the engaged position with a reasonable expectation of success in order to have the advantage of improved fusion bonding as taught by Smith.
Furthermore, as shown in the image attached to claim 12 above, the flange portion 7 of the sleeve of Oswald is mostly without the heating wire and only the part at 4 is intended to be melted. However, Smith teaches the same idea as applicant’s invention of having “cold zones” to have an improved fusion bonding. Therefore, Oswald in view of Goto and Smith would reasonably suggest all the limitations of claims 12-13 and 24-25.
Claims 3, 6-7, 11, 18-19, and 23 are also further rejected under 35 U.S.C. 103 as being unpatentable further in view of Goto (US 5,462,314) for the same reasons above under the alternative interpretation of claim 1.
Conclusion
The following prior arts made of record and not relied upon are considered pertinent to applicant's disclosure:
Stauffer et al. (US 2010/0084097 A1), Binder et al. (US 2018/0079145 A1), Wohrstein (US 5,549,335), and Kikuno et al. (US 2013/0319569 A1) disclose induction heating of a pipe to a fitting to form a pipe coupling.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to William S. Choi whose telephone number is (571)272-8223. The examiner can normally be reached Mon - Fri 9:30-5:30.
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/WILLIAM S. CHOI/Primary Examiner, Art Unit 3679
