DETAILED ACTION
In response to remarks filed on 31 October 2025
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 31 October 2025 has been entered.
Status of Claims
Claims 1 and 3-22 are pending;
Claim 1 is currently amended;
Claims 3-15 and 16-22 were previously presented;
Claim 2 is cancelled;
Claims 1 and 3-22 are rejected herein.
Response to Arguments
Applicant’s arguments filed on 31 October 2025 have been fully considered. Regarding claim 1, it is unclear what applicant means by “extends beyond the first arm”. The term if being interpreted as “at a distance away from the first arm”. Pickens would still disclose this limitation as per annotated figure A since (1) the upper support is beyond -i.e. at a distance away from- the first arm, (2) the first arm and first rotating member contacting the structure are both located between the upper and middle support and (3) the first rotating member contacts the structure at a position between the upper and middle supports. Regarding claim 15, the argument about the direction of the arms 19 in Eathorne, examiner contends that, as shown in annotated figure D below, one arm of the first pair extends northwest and the other arm of the pair extends northeast. Under the broadest reasonable interpretation, since a directional component of each arm is east and the other west, then they can be interpreted as opposite directions. Same goes for the second pair with one arm extending southwest and the other southeast. “Axially” is with respect to an axis. In this case, an axis perpendicular to the longitudinal axis (longitudinal axis is coincidental to line 27 in figure 3) of the apparatus of Eathorne is being used as the axis of reference.
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Figure D. Directions of Arms (Eathorne)
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.
Claims 1 and 3-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Eathorne (U.S. Patent No. 6,371,696) in view of Pickens (U.S. Patent No. 4,290,123).
As to Claim 1, Eathorne discloses an apparatus for servicing a structure, comprising:
A frame (11) for assembly or arrangement around the structure (10), the frame including upper (Figure A, “upper support”) and lower supports (Figure A, “lower support”) provided at axial ends of the frame, connected together by vertically extending struts (Figure A, “struts”) to form a generally cylindrical structure;
A plurality of pivotable arms (19) including at least one pair of first and second arms (19) pivotally attached to the frame; and
At least one pair of first and second rotating members (20), attached to distal ends of the respective first and second arms (19), for contact with the structure;
The first and second arms (19) extending in axially opposite directions and being pivotable so as to move the corresponding first and second rotating members (20) towards or away from the structure (Column 4, Lines 7-17: “The outer end of the pivot arm 19 supports a pair of wheels 20 which are driven from a drive motor which can take the form of an electrically or fluid driven (e.g. hydraulic or pneumatic) drive motor. Each pivot arm is controlled in it's movement by a second fluid operated cylinder 21 whereby the wheels 20 are moveable radially with respect of the central axis of the apparatus between an engaged position as shown at FIGS. 3 and 5 at which they are in engagement with the surface of the pylon 10 and a retracted position as shown at FIGS. 2 and 4 at which they are clear from the surface of the pylon”);
Wherein at least one of the first and second arms (19) is arranged to pass between adjacent ones of the struts (Figure A, “struts”) such that the corresponding first or second rotating member is able to contact the structure (10), and
Wherein the first and/or second arms (19) are drivable so as to pivot towards and away from the structure and bring the respective rotating member (20) respectively into and out of contact with the structure (Column 4, Lines 7-17: “The outer end of the pivot arm 19 supports a pair of wheels 20 which are driven from a drive motor which can take the form of an electrically or fluid driven (e.g. hydraulic or pneumatic) drive motor. Each pivot arm is controlled in it's movement by a second fluid operated cylinder 21 whereby the wheels 20 are moveable radially with respect of the central axis of the apparatus between an engaged position as shown at FIGS. 3 and 5 at which they are in engagement with the surface of the pylon 10 and a retracted position as shown at FIGS. 2 and 4 at which they are clear from the surface of the pylon”), and
Wherein each of the rotating members (20) that contact the structure is arranged on a respective one of said plurality of pivotable arms (19).
However, Eathorne is silent about a middle support provided between said opposite ends of the frame, wherein the at least one pair of first and second arms pivotally are attached at proximal ends thereof to the middle support and wherein the upper support extends beyond the first arm such that the corresponding first rotating member contacts the structure at a position between the upper support and middle support. Pickens discloses a middle support (Figure A, “middle support”) provided between opposite ends of a frame, wherein at least one pair of first and second arms (Left 34b, Right 34b) pivotally are attached at proximal ends thereof to the middle support and wherein the upper support (Figure A, “upper support”) extends beyond the first arm (Figure A, “first arm” or Left 34b) such that the corresponding first rotating member (Left 32b) contacts the structure at a position between the upper support (Figure A, “upper support”) and middle support (Figure A, “middle support”). Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to provide a middle support provided between said opposite ends of the frame, wherein the at least one pair of first and second arms pivotally are attached at proximal ends thereof to the middle support and wherein the upper support extends beyond the first arm such that the corresponding first rotating member contacts the structure at a position between the upper support and middle support since it has been held that rearranging parts of an invention involves only routine skill in the art.
As to Claim 3, Eathorne as modified teaches the invention of Claim 1 (Refer to Claim 1 discussion). Eathorne as modified also teaches including hydraulic cylinders (21) for driving the first and/or second arms (19).
As to Claim 4, Eathorne as modified teaches the invention of Claim 1 (Refer to Claim 1 discussion). Eathorne as modified also teaches including a plurality of said pairs of first and second arms (19) and first and second rotating members (20), circumferentially spaced around the middle support.
As to Claim 5, Eathorne as modified teaches the invention of Claim 1 (Refer to Claim 1 discussion). Eathorne as modified also teaches wherein the frame comprises a plurality of frame segments (13) arranged to be assembled around the structure (10).
As to Claim 6, Eathorne as modified teaches the invention of Claim 5 (Refer to Claim 5 discussion). Eathorne as modified also teaches wherein an adjacent pair of the frame segments (13) are hingedly connected (via 16) together.
As to Claim 7, Eathorne as modified teaches the invention of Claim 1 (Refer to Claim 1 discussion). Eathorne as modified also teaches including one or more connectors (Pickens: 70) for removably connecting (Pickens: via 48) the apparatus to one or more modules (Pickens: Second 28 in Figure 7) for servicing the structure.
As to Claim 8, Eathorne as modified teaches the invention of Claim 7 (Refer to Claim 7 discussion). Eathorne as modified also teaches including said one or more modules (Pickens: Second 28 in Figure 7), the or each said module comprising: a module frame (Pickens: Frame of Second 28 in Figure 7) for assembly or arrangement around the structure (Pickens: 16), the module frame including at least one support (Pickens: Second 104).
As to Claim 9, Eathorne as modified teaches the invention of Claim 8 (Refer to Claim 8 discussion). Eathorne as modified also teaches wherein the or each additional module includes a slave controller (Pickens: 46 of the Second 28 in Figure 7) connected or connectable (Pickens: via 48) to the master controller.
Claims 10-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Eathorne (U.S. Patent No. 6,371,696) in view of Pickens (U.S. Patent No. 4,290,123); and further in view of Thompson et al (U.S. Patent No. 4,205,694).
As to Claim 10, Eathorne as modified teaches the invention of Claim 7 (Refer to Claim 7 discussion). However, Eathorne as modified is silent about including one or more carriages arranged for circumferential movement at or near either or both axial ends of the frame, the carriage carrying, or being arranged to carry, one or more tools for servicing the structure. Thompson discloses including one or more carriages (20) arranged for circumferential movement (via 24) at or near either or both axial ends of a frame (12), the carriage carrying, or being arranged to carry, one or more tools (18) for servicing a structure (14). Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to provide one or more carriages arranged for circumferential movement at or near either or both axial ends of the frame, the carriage carrying, or being arranged to carry, one or more tools for servicing the structure. The motivation would have been to increase the utility of the device by providing different kinds of work on the array.
As to Claim 11, Eathorne as modified teaches the invention of Claim 10 (Refer to Claim 10 discussion). Eathorne as modified also teaches wherein the carriage (Thompson: 20) is drivable circumferentially (Thompson: via 22) relative to the frame (Thompson: 12).
As to Claim 12, Eathorne as modified teaches the invention of Claim 11 (Refer to Claim 11 discussion). Eathorne as modified also teaches including a track (Thompson: 22) arranged circumferentially around the frame (Thompson: 12), the carriage having a drive member (Thompson: 24) that engages the track and is drivable so as to move the carriage around the track.
As to Claim 13, Eathorne as modified teaches the invention of Claim 10 (Refer to Claim 10 discussion). Eathorne as modified also teaches including a guide rail (Thompson: 22) for guiding the carriage circumferentially, the guide rail being attached to the upper or lower support (Thompson: Upper portion of 12).
As to Claim 14, Eathorne as modified teaches the invention of Claim 10 (Refer to Claim 10 discussion). Eathorne as modified also teaches wherein the tool (Thompson: 18) is drivable (Thompson: via 36) relative to the carriage.
Claims 15-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Eathorne (U.S. Patent No. 6,371,696) in view of Chapman (U.S. Patent No. 5,136,969).
As to Claim 15, Eathorne discloses an apparatus for servicing a structure, comprising:
A frame (11) for assembly or arrangement around the structure (10), the frame including first (Annotated figure B, “upper support”) and second supports (Annotated figure B, “lower support”) at axially opposite ends thereof;
At least one pair of first and second arms (19) pivotally attached at proximal ends thereof to the first support (Annotated figure B, “upper support”);
At least one pair of first and second rotating members (20), attached to distal ends of the respective first and second arms (19), for contact with the support structure (16);
The first and second arms (19) extending in axially opposite directions (Annotated figure D) and being pivotable so as simultaneously to move the corresponding first and second rotating members (20) towards or away from the support structure (Column 4, Lines 7-17: “The outer end of the pivot arm 19 supports a pair of wheels 20 which are driven from a drive motor which can take the form of an electrically or fluid driven (e.g. hydraulic or pneumatic) drive motor. Each pivot arm is controlled in it's movement by a second fluid operated cylinder 21 whereby the wheels 20 are moveable radially with respect of the central axis of the apparatus between an engaged position as shown at FIGS. 3 and 5 at which they are in engagement with the surface of the pylon 10 and a retracted position as shown at FIGS. 2 and 4 at which they are clear from the surface of the pylon”).
However, Eathorne is silent about a carriage arranged for circumferential movement wherein the carriage is and mounted at or near the second support and is not mounted at or near the first support, the carriage carrying, or being arranged to carry, one or more tools for servicing the structure. Chapman discloses a carriage (80) arranged for circumferential movement wherein the carriage is and mounted at or near a second support (10) and is not mounted at or near a first support (14), the carriage carrying, or being arranged to carry, one or more tools (122) for servicing a structure (12). Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to provide a carriage arranged for circumferential movement wherein the carriage is and mounted at or near the second support and is not mounted at or near the first support, the carriage carrying, or being arranged to carry, one or more tools for servicing the structure. The motivation would have been to perform work on the surface of the structure.
As to Claim 16, Eathorne as modified teaches the invention of Claim 15 (Refer to Claim 15 discussion). Eathorne as modified also teaches wherein the second arm (19) is arranged to pass between the first and second supports, such that the second rotating member (20) is able to contact the structure (10).
As to Claim 17, Eathorne as modified teaches the invention of Claim 16 (Refer to Claim 16 discussion). Eathorne as modified also teaches wherein the first and second supports are connected together by struts (Annotated figure B, “struts”), and the second arm (19) is arranged to pass between adjacent ones of the struts.
As to Claim 18, Eathorne as modified teaches the invention of Claim 15 (Refer to Claim 15 discussion). Eathorne as modified also teaches including a plurality of said pairs of first and second arms (19) and first and second rotating members (20), circumferentially spaced around the first support.
As to Claim 19, Eathorne as modified teaches the invention of Claim 15 (Refer to Claim 15 discussion). Eathorne as modified also teaches including a track (Chapman: 110) arranged circumferentially around the frame, the carriage having a drive member (Chapman: 94) that engages the track and is drivable so as to move (via Chapman: 116) the carriage (Chapman: 80) around the track (Chapman: 110).
As to Claim 20, Eathorne as modified teaches the invention of Claim 15 (Refer to Claim 15 discussion). Eathorne as modified also teaches including a guide rail (Chapman: 110) for guiding the carriage circumferentially, the guide rail being attached to the second support (Chapman: 80).
Claim 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Eathorne (U.S. Patent No. 6,371,696) in view of Pickens (U.S. Patent No. 4,290,123); and further in view of Ross et al (U.K. Patent Application No. 2,531,893).
As to Claim 21, Eathorne as modified teaches the invention of Claim 1 (Refer to Claim 1 discussion). However, Eathorne as modified is silent about wherein the structure is a tapered structure and the arrangement of rotating members that contact the tapered structure on a respective one of said plurality of pivotable arms facilitates servicing of the tapered structure. Ross discloses a tapered structure (Figures 4 to 9) and an arrangement of rotating members (Figure 1, “wheel pair”) that contact the tapered structure on a respective one of said plurality of pivotable arms facilitates servicing of the tapered structure (Figures 4 to 9). Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to make the structure a tapered structure and the arrangement of rotating members that contact the tapered structure on a respective one of said plurality of pivotable arms facilitates servicing of the tapered structure. The motivation would have been to increase the utility of the device by allowing it to serve structures of different shapes.
Claim 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Eathorne (U.S. Patent No. 6,371,696) in view of Chapman (U.S. Patent No. 5,136,969); and further in view of Ross et al (U.K. Patent Application No. 2,531,893).
As to Claim 22, Eathorne as modified teaches the invention of Claim 15 (Refer to Claim 15 discussion). However, Eathorne as modified is silent about wherein the structure is a tapered structure and the arrangement of rotating members that contact the tapered structure on a respective one of said plurality of pivotable arms facilitates servicing of the tapered structure. Ross discloses a tapered structure (Figures 4 to 9) and an arrangement of rotating members (Figure 1, “wheel pair”) that contact the tapered structure on a respective one of said plurality of pivotable arms facilitates servicing of the tapered structure (Figures 4 to 9). Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to make the structure a tapered structure and the arrangement of rotating members that contact the tapered structure on a respective one of said plurality of pivotable arms facilitates servicing of the tapered structure. The motivation would have been to increase the utility of the device by allowing it to serve structures of different shapes.
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Figure A. Frame (Pickens)
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Figure B. Frame (Eathorne)
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Figure C. Struts (Eathorne)
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EDWIN J TOLEDO-DURAN whose telephone number is (571)270-7501. The examiner can normally be reached Monday through Friday: 10:00AM to 6:00PM EST.
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/EDWIN J TOLEDO-DURAN/Primary Examiner, Art Unit 3678