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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 2/4/25 has been entered.
Claim Status
Claims 1-14, 16-19, 21 and 23-25 are pending. Examiner acknowledges Applicant’s amendments to claims 1, 19, 21 and 23-25.
Response to Arguments
Applicant's arguments filed 12/18/24 have been fully considered but they are not persuasive.
With regard to claims 1, 19 and 21, Applicant argues that Ho et al in view of Brooks do not disclose “wrapping a wrap on the at least two clamp layers along a longitudinal direction of the hollow structure with a predetermined angle configured to provide a balanced hoop and longitudinal strength” as Figures 10 and 11 of Brooks does not teach that wrapping a wrap at a predetermined angle provides a balanced hoop and longitudinal strength.
Examiner disagrees.
First, Applicant should note that any angle is “predetermined” before constructed. Second, “configured to provide a balanced hoop and longitudinal strength” is a functional limitation. It should be noted that while features of an apparatus may be recited either structurally or functionally, claims directed to an apparatus must be distinguished from the prior art in terms of structure rather than function. In re Schreiber, 128 F.3d 1473, 1477-78, 44 USPQ2d 1429, 1431-32 (Fed. Cir. 1997). As set forth in the rejection below, Brooks shows in Figure 8 that the wrap can have a predetermined angle and further teaches that the wrap can be used to increase hoop strength (paragraph 80, lines 8-9). As such, Ho et al in view of Brooks and also Bache in view of Brooks disclose the claimed invention.
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.
Claim(s) 1, 2, 4, 7, 9-12, 16-19, 21 and 23-25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ho et al U.S. Patent Application Publication No. 2013/0181443 A1 in view of Brooks U.S. Patent Application Publication No. 2011/0203694 A1.
With regard to claim 1, Ho et al disclose a method of clamping a hollow structure, the method comprising:
sequentially clamping at least two clamp layers around the hollow structure comprising:
clamping a first clamp layer around the hollow structure (at paragraph 15, lines 6-9) by connecting one or more clamp sections (at 10, 20 in Figure 2) of the first clamp layer to form at least one first joint (at 11, 21 in Figure 2);
clamping a second clamp layer around the first clamp layer (at paragraph 15, lines 11-12) by connecting one or more clamp sections (at 31, 32 in Figure 2) of the second clamp layer to form at least one second joint (at 311, 321 in Figure 3); and
wherein the at least one second joint (shown between 311, 321 in Figure 3) and the at least one first joint (shown at 2 in Figure 3) mismatch with each other around the hollow structure (see Figure 3).
However, Ho et al do not disclose wrapping a wrap on the at least two clamp layers along a longitudinal direction of the hollow structure with a predetermined angle configured to provide a balanced hoop and longitudinal strength.
Brooks teaches adding a wrap along a longitudinal direction and at a predetermined angle (note that any angle can be predetermined) of the hollow structure (as shown in Figures 8 and 9) to form a more rigid and structural wrap to increase hoop strength (paragraph 80, lines 8-9).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add a wrap along a longitudinal direction and at a predetermined angle of the hollow structure with a reasonable expectation of success to form a more rigid and structural wrap to increase hoop strength as taught by Brooks.
With regard to claim 2, Ho et al in view of Brooks disclose wherein adjacent first joint (shown at 2 in Figure 3) of the at least first joint and second joint (shown between 311, 321 in Figure 3) of the at least second joint are apart from each other around the hollow structure with an angle that is larger than 0 degree and no more than 180 degrees (wherein the angle is at 90 degrees as shown in Figure 3).
With regard to claim 4, Ho et al in view of Brooks disclose wherein at least one of the at least two clamp layers comprises a first clamp section (at 31 in Figure 2) and second clamp section (at 32 in Figure 2).
With regard to claim 7, Ho et al in view of Brooks disclose the claimed invention but do not disclose connecting the first clamp section with the second clamp section by connecting ends of the first clamp section and the second clamp section with a resilient seal member between the ends.
The Examiner takes Official Notice wherein it is old and well known in the art to provide a resilient seal member between ends of first and second clamp sections for providing additional sealing security to provide a secure fluid connection.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have a resilient seal member between ends of first and second clamp sections with a reasonable expectation of success to provide a secure fluid connection.
With regard to claim 9, Ho et al in view of Brooks disclose wherein an inner surface of the first clamp layer (at 10, 20 in Figure 2) has a substantially same shape as an outer surface of the hollow structure (at 40 and as shown in Figure 3), and
wherein an inner surface of the second clamp layer (at 31, 32 in Figure 2) has a substantially same shape as an outer surface of the first clamp layer (as shown in Figure 3).
With regard to claim 10, Ho et al in view of Brooks disclose performing a surface treatment on one or more defected areas of the hollow structure; then clamping the first clamp layer around the one or more defected areas of the hollow structure (at paragraph 32).
With regard to claim 11, Ho et al in view of Brooks disclose further comprising before clamping the first clamp layer around the hollow structure, adding a first adhesive layer around an area where the first clamp layer is to be clamped around the hollow structure (paragraph 80, lines 5-9).
With regard to claim 12, Ho et al in view of Brooks disclose:
fastening the at least two clamp layers on the hollow structure (at paragraph 15, lines 6-9 and 11-12 and as shown in Figure 3).
With regard to claim 16, Ho et al in view of Brooks disclose wherein fastening the at least two clamp layers on the hollow structure comprises adding an adhesive layer between an outer surface of the at least two clamp layers and the wrap (paragraph 80, lines 5-9).
With regard to claim 17, Ho et al in view of Brooks disclose wherein at least one of the at least two clamp layers (at 10, 20) is made of a nonmetallic material (paragraph 16, lines 1-3).
With regard to claim 18, Ho et al in view of Brooks disclose the claimed invention but do not disclose wherein at least one of the at least two clamp layers is made of a composite material comprising at least one of a thermoplastic material or a thermoset material reinforced with glass, carbon, basalt fibers, or aramid fibers.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have at least one of the at least two clamp layers be made of a composite material comprising at least one of a thermoplastic material or a thermoset material reinforced with glass, carbon, basalt fibers, or aramid fibers with a reasonable expectation of success to adapt to the required environment and because 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.
With regard to claim 19, Ho et al discloses an apparatus for clamping a hollow structure, the apparatus comprising:
at least two clamp layers comprising:
a first clamp layer (at 10, 20 in Figure 2); and
a second clamp layer (at 31, 32 in Figure 2);
wherein an inner surface of the first clamp layer has a substantially same first shape as an outer surface of the hollow structure, and an inner surface of the second clamp layer has a substantially same second shape as an outer surface of the first clamp layer (as shown in Figure 3),
wherein each of the at least two clamp layers comprises one or more clamp sections (at 10, 20 and 31, 32 in Figure 2) connectable to form at least one joint (shown at 2 and between 311, 321 in Figure 3).
However, Ho et al do not disclose a wrap configured to be wrapped around the at least two clamp layers with a predetermined angle configured to provide a balanced hoop and longitudinal strength, the wrap configured to fasten the at least two clamp layers on the hollow structure.
Brooks teaches adding a wrap configured to be wrapped around at least two clamp layers (as shown in Figure 9) at a predetermined angle (as shown in Figure 8 - note that any angle can be predetermined) of the hollow structure to form a more rigid and structural wrap to increase hoop strength (paragraph 80, lines 8-9).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add a wrap configured to be wrapped around at least two clamp layers at a predetermined angle of the hollow structure with a reasonable expectation of success to form a more rigid and structural wrap to increase hoop strength as taught by Brooks.
With regard to claim 21, Ho et al discloses a clamped hollow structure comprising:
a hollow structure (at 40 in Figure 2); and
at least two clamp layers (at 10, 20 and 31, 32 in Figure 2) sequentially around the hollow structure;
wherein each of the at least two clamp layers is connected to form at least one joint (shown at 2 and between 311, 321 in Figure 3), and
wherein two adjacent joints corresponding to two adjacent clamp layers mismatch with each other around the hollow structure (as shown in Figure 3).
However, Ho et al do not disclose a wrap wound around an outer surface of the at least two clamp layers along the longitudinal direction with a predetermined angle configured to provide a balanced hoop and longitudinal strength.
Brooks teaches adding a wrap configured to be wrapped around at least two clamp layers (as shown in Figure 9) at a predetermined angle (as shown in Figure 8 - note that any angle can be predetermined) of the hollow structure to form a more rigid and structural wrap to increase hoop strength (paragraph 80, lines 8-9).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add a wrap configured to be wrapped around at least two clamp layers at a predetermined angle of the hollow structure with a reasonable expectation of success to form a more rigid and structural wrap to increase hoop strength as taught by Brooks.
With regard to claim 23, Ho et al in view of Brooks disclose wherein wrapping the wrap on the at least two clamp layers along a longitudinal direction of the hollow structure further comprises wrapping the wrap on the at least two clamp layers along the longitudinal direction of the hollow structure with the predetermined angle but do not disclose that the predetermined angle is 55 degrees.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to the predetermined angle be 55 degrees with a reasonable expectation of success as the angle may be determined and optimized to the desired operational parameters through the use of routine experimentation and because a change in the size of a prior art device is a design consideration within the skill of the art. In re Rose, 220 F.2d 459, 105 USPQ 237 (CCPA 1955).
With regard to claim 24, Ho et al in view of Brooks disclose wherein the wrap is configured to be wrapped around the at least two clamp layers with the predetermined angle but do not disclose that the predetermined angle is 55 degrees.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to the predetermined angle be 55 degrees with a reasonable expectation of success as the angle may be determined and optimized to the desired operational parameters through the use of routine experimentation and because a change in the size of a prior art device is a design consideration within the skill of the art. In re Rose, 220 F.2d 459, 105 USPQ 237 (CCPA 1955).
With regard to claim 25, Ho et al in view of Brooks disclose wherein the wrap is wound around the outer surface of the at least two clamp layers along the longitudinal direction with the predetermined angle but do not disclose that the predetermined angle is 55 degrees.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to the predetermined angle be 55 degrees with a reasonable expectation of success as the angle may be determined and optimized to the desired operational parameters through the use of routine experimentation and because a change in the size of a prior art device is a design consideration within the skill of the art. In re Rose, 220 F.2d 459, 105 USPQ 237 (CCPA 1955).
Claim(s) 1-4, 8, 9, and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bache U.S. Patent No. 1,728,588 in view of Brooks U.S. Patent Application Publication No. 2011/0203694 A1.
With regard to claim 1, Bache discloses a method of clamping a hollow structure, the method comprising:
sequentially clamping at least two clamp layers around the hollow structure comprising:
clamping a first clamp layer around the hollow structure (at page 1, lines 37-38) by connecting one or more clamp sections (at 11, 11) of the first clamp layer to form at least one first joint (joint at 12, 13); and
clamping a second clamp layer around the first clamp layer (at page 1, lines 38-41) by connecting one or more clamp sections (at 15, 16) of the second clamp layer to form at least one second joint (joint at 17, 18),
wherein the at least one second joint and the at least one first joint mismatch with each other around the hollow structure (as shown in Figure 3).
However, Bache does not disclose wrapping a wrap on the at least two clamp layers along a longitudinal direction of the hollow structure with a predetermined angle configured to provide a balanced hoop and longitudinal strength.
Brooks teaches adding a wrap along a longitudinal direction and at a predetermined angle (note that any angle can be predetermined) of the hollow structure (as shown in Figures 8 and 9) to form a more rigid and structural wrap to increase hoop strength (paragraph 80, lines 8-9).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add a wrap along a longitudinal direction and at a predetermined angle of the hollow structure with a reasonable expectation of success to form a more rigid and structural wrap to increase hoop strength as taught by Brooks.
With regard to claim 2, Bache in view of Brooks disclose wherein an adjacent first joint (joint at 12, 13) of the at least first joint and a second joint (joint at 17, 18) of the at least second joint are apart from each other around the hollow structure with an angle that is larger than 0 degree and no more than 180 degrees (wherein the angle is at 90 degrees as shown in Figure 3).
With regard to claim 3, Bache in view of Brooks disclose wherein the at least first joint comprises two first joints (joints at 12, 13 and 12, 13) apart from each other around the hollow structure with a first angle of about 180 degrees (as shown in Figure 3), and the at least second joint comprises two second joints (joints at 17, 18 and 17, 18) apart from each other around the hollow structure with a second angle of about 180 degrees (as shown in Figure 3), and wherein the angle between the adjacent first joint and second joint is about 90 degrees (as shown in Figure 3).
With regard to claim 4, Bache discloses wherein at least one of the at least two clamp layers comprises a first clamp section (at 11) and second clamp section (at 11).
With regard to claim 8, Bache in view of Brooks disclose wherein one or more clamp sections of at least one of the at least two clamp layers (at 12, 13) are connected by at least one of insertion (at page 1, lines 28-31).
With regard to claim 9, Bache in view of Brooks disclose wherein an inner surface of the first clamp layer has a substantially same shape as an outer surface of the hollow structure, and wherein an inner surface of the second clamp layer has a substantially same shape as an outer surface of the first clamp layer (as shown in Figure 3).
With regard to claim 12, Bache in view of Brooks disclose fastening the at least two clamp layers on the hollow structure (at page 1, lines 37-41).
Claim(s) 5 and 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bache in view of Brooks and further in view of Sharp U.S. Patent No. 4,939,923.
With regard to claim 5, Bache in view of Brooks disclose the claimed invention but do not disclose that the first clamp section comprises two female ends, and the second clamp section comprises two male ends, and wherein the method comprises: connecting the first clamp section with the second clamp section by connecting the two female ends of the first clamp section respectively with the two male ends of the second clamp section to form two corresponding joints.
Sharp teaches, as shown in Figure 12, that a first clamp section can comprise two female ends, and a second clamp section can comprise two male ends which are connected together to form two joints to have a guide means for assembling the two sections and provide a liquid tight connection (column 5, lines 55-57 and 62-64).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have a first clamp section comprise two female ends and a second clamp section comprise two male ends which are connected together to form two joints with a reasonable expectation of success to have a guide means for assembling the two sections and provide a liquid tight connection as taught by Sharp.
With regard to claim 6, Bache in view of Brooks disclose the claimed invention but do not disclose that the first clamp section comprises a first female end and a first male end, and the second clamp section comprises a second female end and a second male end, and wherein the method comprises connecting the first clamp section with the second clamp section by connecting the first female end of the first clamp section to the second male end of the second clamp section to form a first corresponding joint, and connecting the first male end of the first clamp section to the second female end of the second clamp section to form a second corresponding joint.
Sharp teaches that a female and male connection, i.e., a tongue and groove configuration, can be utilized to connect different clamp end sections together to form joints with a guide means for assembling the two sections to provide a liquid tight connection (column 5, lines 55-57 and 62-64).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the first clamp section comprise a first female end and a first male end, and the second clamp section comprise a second female end and a second male end, and wherein the method comprises connecting the first clamp section with the second clamp section by connecting the first female end of the first clamp section to the second male end of the second clamp section to form a first corresponding joint, and connecting the first male end of the first clamp section to the second female end of the second clamp section to form a second corresponding joint with a reasonable expectation of success as a female and male connection, i.e., a tongue and groove configuration can be utilized to connect different clamp end sections together to form joints with a guide means for assembling the two sections to provide a liquid tight connection as taught by Sharp.
Conclusion
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/F.K./Examiner, Art Unit 3679
/ZACHARY T DRAGICEVICH/Primary Examiner, Art Unit 3679