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 Objections
A series of singular dependent claims is permissible in which a dependent claim refers to a preceding claim which, in turn, refers to another preceding claim.
A claim which depends from a dependent claim should not be separated by any claim which does not also depend from said dependent claim. It should be kept in mind that a dependent claim may refer to any preceding independent claim. In general, applicant's sequence will not be changed. See MPEP § 608.01(n).
Claim 15 refers back to claim 14, while claim 16 refers back to claim 7.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 5 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 5 recites “supporting the advancing pipe sections”. However, the claim does not specify which pipe section (inner or outer, or both) are being supported.
Claim 18 recites “downstream workstation.” The claim does not give a reference point for what is considered downstream. Downstream from what?
Claim 19 recites “intermediate workstation.” The claim does not give a reference point for what is considered intermediate. Intermediate from what?
Claim Rejections - 35 USC § 102
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) 1-2, 4-5, 17-18, 20-23 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Pillai et al (US 2011/0101676).
Regarding claim 1, Pillai discloses, a method of assembling a pipe-in-pipe pipeline by adding a succession of inner and outer pipe sections to a trailing end of the partially-completed pipeline, the method comprising:
welding a leading end of a first inner pipe section to a trailing end of an inner pipe of the partially-completed pipeline; (Fig 2 shows a first inner pipe section 6 being welded to a trailing end of an inner pipe section 6, See Paragraphs [0024], [0030]-[0031], [0055])
advancing a leading end of a second inner pipe section to a trailing end of the first inner pipe section; (as the steps are repeated, a second inner pipe would be advanced to a trailing end of the first inner pipe section. See Paragraph [0035])
advancing an outer pipe section downstream from the second inner pipe section along and around the first inner pipe section and into abutment with a trailing end of an outer pipe of the partially-completed pipeline; and (an outer pipe section is moved along, around the first inner pipe section and abuts a trailing end of an outer pipe section. See Fig 4 and Paragraphs [0018], [0032])
welding a leading end of the outer pipe section to the trailing end of the outer pipe. (The ends of the outer pipes are welded together. (See Paragraph [0032])
Regarding claim 2, the inner pipe is welded before the outer pipe is advanced. (See Paragraphs [0028]-[0032]) Regarding claim 4, the inner and outer pipes are concentric. (See Paragraph [0049]) Regarding claim 5, the inner pipe section is supported by clamps. (See Paragraph [0014]) Regarding claim 17, Fig 4 shows the outer pipe being advanced along the full length of the first pipe section. Regarding claim 20, at some point the pipe would not be supported by the outer pipe. Regarding claims 21-23, Figs 2-6 show spacers between the first inner pipe section and the outer pipe section. 12, 14, 16. (See Paragraph [0051]) One set of abutments are capable of moving into place when the outer pipe is advanced.
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.
Claim(s) 18, 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pillai et al (US 2011/0101676) in view of Applicant Admitted Prior Art.
Regarding claim 18, The teachings of Pillai have been discussed above. Pillai fails to disclose, the outer pipe section is welded to the outer pipe at a downstream workstation; and the second inner pipe section is welded to the first inner pipe section at an upstream workstation.
AAPA discloses welding the outer pipe section at a downstream location and the inner pipe at an upstream location. (See Paragraphs [0019]-[0025]) It would have been obvious to adapt Pillai to provide the downstream and upstream locations as this is an obvious variant for welding pipelines.
Regarding claim 24, it would have been obvious to use Pillai during an S-lay or J-lay method as these are dependent on the depth of the water and the maximum diameter of the pipe. A person having ordinary skill in the art would choose the type appropriate for the application.
Allowable Subject Matter
Claims 8-12, 25-35 are allowed.
Claims 3, 6-7, 13-16, 19 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN W JENNISON whose telephone number is (571)270-5930. The examiner can normally be reached M-Th 9-5.
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/BRIAN W JENNISON/Primary Examiner, Art Unit 3761 3/12/2026