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
Claims 1, 5, 8-13, 15 and 18-22 are objected to because of the following informalities: Each claim begins with a capital letter and ends with a period. These claims contain capital letters which are not the first letter of the claim (e.g., “High-Pressure” or “High-Temperature”). In other words, all instances of the terms “High-Pressure” or “High-Temperature” should be amended to lowercase. Appropriate correction is required.
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) 13-15 and 19-21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 1,584,199 (hereinafter “STROEBEL”).
PNG
media_image1.png
634
1137
media_image1.png
Greyscale
Regarding Claim 13, STROEBEL discloses a method for delivering a High-Pressure gas mixture from a torch handle to a High- Temperature torch nozzle comprising: providing a plurality of gases (see Pg. 2, Lns. 29-35: “Valves 18 and 19, manipulated by handles 20 and 21, respectively, are adapted to control the flow of gases through bores 16 and 17, respectively, these gases being led to the valves from sources of supply through suitable tubes (not shown) which attach to the valves at 22.”) to a gas mixing chamber (36); mixing turbulently the plurality of gases in the gas mixing chamber to form a High-Pressure gas mixture (see Pg. 3, Lns. 74-87: “When both gases are passed through the torch under positive pressure, that is, when the acetylene is under sufficiently high pressure to insure a neutral flame of sufficient size without being boosted by an injector, I utilize mixture and injection nozzles having equal effective inside diameters, and nozzle 32, which in such a situation serves merely as a gas entrance nozzle, may be backed out to approximately the position shown in Figure 2. The oxygen and acetylene are then initially mixed in chamber 36, when they pass through nozzle 40 and into tube 43 where they are further mixed.”); directing the High-Pressure gas mixture into a flexible gooseneck hose (43); flowing the High-Pressure gas mixture through the flexible gooseneck hose (43) without an internal fuel line; delivering the High-Pressure gas mixture to the High-Temperature torch nozzle (44); dispensing the High-Pressure gas mixture out of the High-Temperature torch nozzle at a temperature of at least 3000 degrees Fahrenheit (see Pg. 1, Lns. 4-12: “While the invention, in certain of its aspects, may be applied with advantage to torches which utilize various combinations of gases for combustion, it is particularly well adapted to so called "oxyacetylene welding torches" wherein approximately equal volumes of oxygen and acetylene are mixed and burned to produce a welding flame.” OFFICIAL NOTICE is taken that an oxygen and acetylene welding flame produces one of the hottest flames of common fuel gases, reaching temperatures between 5,600°F to over 6,000°F (around 3,100°C to 3,300°C), with peak temperatures occurring at the inner cone, making it ideal for welding and cutting thick metals.); and, forming the flexible gooseneck hose (43) in multiple temporary configurations relative to an elongated axis of the flexible gooseneck hose (see Pg. 3, Lns. 16-30: “By reason of the flexibility of tube 43, the operator may bend it to suit various working conditions, thus enabling him to pass the tip around and back of obstructions, point the tip directly at the work when operating through restricted or tortuous passageways, and generally enables the operator to perform many tasks which are inaccessible to and impossible. of accomplishment with a rigid tube. This feature of tube flexibility is new to the art, as far as I am aware. The metal tube has sufficient rigidity to maintain it in bent condition until again manipulated by the operator.”).
Regarding Claim 14, STROEBEL further discloses comprising maintaining the flexible gooseneck hose (43) in a particular temporary configuration of the multiple temporary configurations until a new configuring force acts upon the particular temporary configuration (see again Pg. 3, Lns. 16-30 quoted above).
Regarding Claim 15, STROEBEL further discloses wherein the High-Temperature torch nozzle (44) is brazed to the flexible gooseneck hose (43) via a nozzle attachment coupler (see Pg. 2, Lns. 123-125: “Tip 44, which has a restricted orifice 45, is silver-soldered or brazed to the outer end of the tube”; the outer end of the tube comprising the nozzle attachment coupler).
Regarding Claim 19, STROEBEL further discloses wherein the High-Pressure gas mixture comprises oxygen and acetylene (see again Pg. 3, Lns. 74-87 quoted above).
Regarding Claim 20, STROEBEL further discloses further comprising adjusting the plurality of gases to form a desired High-Pressure gas mixture (see again Pg. 2, Lns. 29-35 quoted above).
Regarding Claim 21, wherein dispensing the High-Pressure gas mixture out of the High-Temperature torch nozzle is at the temperature of between about 4000 degrees Fahrenheit to 6000 degrees Fahrenheit (see again Pg. 1, Lns. 4-12: “While the invention, in certain of its aspects, may be applied with advantage to torches which utilize various combinations of gases for combustion, it is particularly well adapted to so called "oxyacetylene welding torches" wherein approximately equal volumes of oxygen and acetylene are mixed and burned to produce a welding flame.” OFFICIAL NOTICE is taken that an oxygen and acetylene welding flame produces one of the hottest flames of common fuel gases, reaching temperatures between 5,600°F to over 6,000°F (around 3,100°C to 3,300°C), with peak temperatures occurring at the inner cone, making it ideal for welding and cutting thick metals.).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 16 and 22 are rejected under 35 U.S.C. 103 as being unpatentable over STROEBEL in view of US 10,155,280 B2 (hereinafter “COOPER”).
Regarding Claim 16, STROEBEL does not disclose further comprising using a sealing cover over an outside of the flexible gooseneck hose.
COOPER teaches a welding device (10) comprising a gooseneck (16), further comprising using a sealing cover (18) over an outside of the flexible gooseneck hose (16).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify STROEBEL to further comprise using a sealing cover over an outside of the flexible gooseneck hose as taught and/or suggested by COOPER, since such a modification would provide a protective cover over said flexible gooseneck thereby protecting said gooseneck from damage.
Regarding Claim 22, STROEBEL does not disclose further comprising selectively connecting and disconnecting the High-Temperature torch nozzle with the flexible gooseneck hose.
COOPER teaches a welding device (10) comprising a gooseneck hose (16) and nozzle (36) further comprising selectively connecting and disconnecting (see Col. 14, Lns. 63-65: “In one embodiment, the outer surface of the first portion 26 of the diffuser sleeve 20 is provided with threads for mounting the nozzle 36 on the diffuser sleeve 20.”) the High-Temperature torch nozzle (36) with the flexible gooseneck hose (16).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify STROEBEL to further comprise selectively connecting and disconnecting the High-Temperature torch nozzle with the flexible gooseneck hose as taught and/or suggested by COOPER, since such a modification would provide a means to easily remove and/or replace said nozzle for purposes such as customizing said nozzle for a particular application, replacement of said nozzle due to damage or wear and periodic cleaning or other maintenance on said nozzle.
Claim(s) 1-6 and 9-12 are rejected under 35 U.S.C. 103 as being unpatentable over STROEBEL in view of US 11,583,901 B2 (hereinafter “BÜRGIN”).
Regarding Claim 1, STROEBEL discloses a method for delivering a High-Pressure gas mixture from a torch handle to a High- Temperature torch nozzle comprising: providing a plurality of gases (see Pg. 2, Lns. 29-35: “Valves 18 and 19, manipulated by handles 20 and 21, respectively, are adapted to control the flow of gases through bores 16 and 17, respectively, these gases being led to the valves from sources of supply through suitable tubes (not shown) which attach to the valves at 22.”) to a gas mixing chamber (36); mixing turbulently the plurality of gases in the gas mixing chamber to form a High- Pressure gas mixture (see Pg. 3, Lns. 74-87: “When both gases are passed through the torch under positive pressure, that is, when the acetylene is under sufficiently high pressure to insure a neutral flame of sufficient size without being boosted by an injector, I utilize mixture and injection nozzles having equal effective inside diameters, and nozzle 32, which in such a situation serves merely as a gas entrance nozzle, may be backed out to approximately the position shown in Figure 2. The oxygen and acetylene are then initially mixed in chamber 36, when they pass through nozzle 40 and into tube 43 where they are further mixed.”); directing the High-Pressure gas mixture into a flexible gooseneck hose (43); flowing the High-Pressure gas mixture through the flexible gooseneck hose (see again Pg. 3, Lns. 74-87 quoted above); delivering all of the High-Pressure gas mixture to the High-Temperature torch nozzle (44); and, dispensing the High-Pressure gas mixture out of the High-Temperature torch nozzle at a temperature of between about 3000 degrees Fahrenheit to 6500 degrees Fahrenheit (see Pg. 1, Lns. 4-12: “While the invention, in certain of its aspects, may be applied with advantage to torches which utilize various combinations of gases for combustion, it is particularly well adapted to so called "oxyacetylene welding torches" wherein approximately equal volumes of oxygen and acetylene are mixed and burned to produce a welding flame.” OFFICIAL NOTICE is taken that an oxygen and acetylene welding flame produces one of the hottest flames of common fuel gases, reaching temperatures between 5,600°F to over 6,000°F (around 3,100°C to 3,300°C), with peak temperatures occurring at the inner cone, making it ideal for welding and cutting thick metals.);
STROEBEL does not disclose leaking a small portion of the High-Pressure gas mixture through a side wall of the flexible gooseneck hose; delivering all of the High-Pressure gas mixture except the small portion of the High- Pressure gas mixture to the High-Temperature torch nozzle.
BÜRGIN teaches a flexible hose which is bendable (see Col. 16, Lns. 61-67: “In particular, the flex-tube is characterised in that this, although being flexible, is however designed in a semi-rigid manner. The flex-tube can be bent out of its longitudinal axis by way of this, but remains in its bent position even under the effect of gravitational force. In particular, the flex-tube is of metal such as steel. The flex-tube can, e.g., be a spiralled metal hose.”), within which flows an oxygen and acetylene mixture (see Col. 11, Lns. 33-44: “In particular, the explosive mixture includes a fuel. The fuel that represents the first starting component can be liquid or gaseous. In particular, the fuel can be a rapidly evaporating liquid. The fuel can be, e.g., from the group of combustible hydrocarbons such as acetylene, ethylene, methane, ethane, propane, petrol, oil etc. The explosive mixture further in particular includes an oxidant such as, e.g., gaseous oxygen or an oxygen-containing gas, which represents the second starting component. This means that the explosive mixture is formed in particular from a first starting component, which is a fuel, and from a second starting component, which is an oxidant.”) leaking a small portion of the High-Pressure gas mixture through a side wall of the flexible gooseneck hose (see Col. 6, Lns. 32-39: “Stripwound hoses consist of windings that are loosely hooked into one another. They are flexible on account of this. Stripwound hoses can be manufactured with a hook profile or fold profile such as, for example, the agraffe profile. Stripwound hoses without special sealing measures are not gas-tight or liquid-tight due to the loose meshing of the profiles.”); delivering all of the High-Pressure gas mixture except the small portion of the High- Pressure gas mixture to the High-Temperature torch nozzle (see again Col. 6, Lns. 32-39 quoted above).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify STROEBEL so as to leak a small portion of the High-Pressure gas mixture through a side wall of the flexible gooseneck hose; delivering all of the High-Pressure gas mixture except the small portion of the High- Pressure gas mixture to the High-Temperature torch nozzle as taught and/or suggested by BÜRGIN, since both references teach flexible gooseneck hoses, it would have been obvious to one skilled in the art to substitute one flexible gooseneck hose for the other to achieve the predictable result of providing a flex-tube which can be bent out of its longitudinal axis by way of this, but remains in its bent position even under the effect of gravitational force.
Regarding Claim 2, STROEBEL further discloses wherein the step of flowing comprises using the flexible gooseneck hose (43) without an internal fuel line.
Regarding Claims 3 and 4, STROEBEL further discloses forming the flexible gooseneck hose (43) in multiple temporary configurations relative to an elongated axis of the flexible gooseneck hose (see Pg. 3, Lns. 16-30: “By reason of the flexibility of tube 43, the operator may bend it to suit various working conditions, thus enabling him to pass the tip around and back of obstructions, point the tip directly at the work when operating through restricted or tortuous passageways, and generally enables the operator to perform many tasks which are inaccessible to and impossible. of accomplishment with a rigid tube. This feature of tube flexibility is new to the art, as far as I am aware. The metal tube has sufficient rigidity to maintain it in bent condition until again manipulated by the operator.”); further comprising maintaining the flexible gooseneck hose in a particular temporary configuration of the multiple temporary configurations until a new configuring force acts upon the particular temporary configuration (see again Pg. 3, Lns. 16-30).
Regarding Claim 5, STROEBEL further discloses wherein the High-Temperature torch nozzle (44) is brazed to the flexible gooseneck hose (43) via a nozzle attachment coupler (see Pg. 2, Lns. 123-125: “Tip 44, which has a restricted orifice 45, is silver-soldered or brazed to the outer end of the tube”; the outer end of the tube comprising the nozzle attachment coupler).
Regarding Claim 6, BÜRGIN further teaches comprising using a sealing cover (5) over an outside of the flexible gooseneck hose (1.1). See Col. 19, Lns. 39-41: “A corrugated hose 5 of metal, which (concentrically) surrounds the stripwound hose 6, ensures the necessary gas-sealedness.”
Regarding Claim 9, STROEBEL further discloses wherein the High-Pressure gas mixture comprises oxygen and acetylene (see again Pg. 3, Lns. 74-87 quoted above).
Regarding Claim 10, STROEBEL further discloses further comprising adjusting the plurality of gases to form a desired High-Pressure gas mixture (see again Pg. 2, Lns. 29-35 quoted above).
Regarding Claim 11, STROEBEL further discloses wherein dispensing the High-Pressure gas mixture out of the High-Temperature torch nozzle is at the temperature of between about 4000 degrees Fahrenheit to 6000 degrees Fahrenheit (see again Pg. 1, Lns. 4-12: “While the invention, in certain of its aspects, may be applied with advantage to torches which utilize various combinations of gases for combustion, it is particularly well adapted to so called "oxyacetylene welding torches" wherein approximately equal volumes of oxygen and acetylene are mixed and burned to produce a welding flame.” OFFICIAL NOTICE is taken that an oxygen and acetylene welding flame produces one of the hottest flames of common fuel gases, reaching temperatures between 5,600°F to over 6,000°F (around 3,100°C to 3,300°C), with peak temperatures occurring at the inner cone, making it ideal for welding and cutting thick metals.).
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over STROEBEL in view of BÜRGIN as applied to claim 1 above, and further in view of COOPER.
Regarding Claim 12, STROEBEL in view of BÜRGIN does not disclose further comprising selectively connecting and disconnecting the High-Temperature torch nozzle with the flexible gooseneck hose.
COOPER teaches a welding device (10) comprising a gooseneck hose (16) and nozzle (36) further comprising selectively connecting and disconnecting (see Col. 14, Lns. 63-65: “In one embodiment, the outer surface of the first portion 26 of the diffuser sleeve 20 is provided with threads for mounting the nozzle 36 on the diffuser sleeve 20.”) the High-Temperature torch nozzle (36) with the flexible gooseneck hose (16).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to further modify STROEBEL in view of BÜRGIN to further comprise selectively connecting and disconnecting the High-Temperature torch nozzle with the flexible gooseneck hose as taught and/or suggested by COOPER, since such a modification would provide a means to easily remove and/or replace said nozzle for purposes such as customizing said nozzle for a particular application, replacement of said nozzle due to damage or wear and periodic cleaning or other maintenance on said nozzle.
Allowable Subject Matter
Claims 7, 8, 17 and 18 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
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure because the references are either in the same field of endeavor or are reasonably pertinent to the particular problem with which the applicant was concerned. Please see form PTO-892 (Notice of References Cited) attached to, or included with, this Office Action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JORGE A PEREIRO whose telephone number is (571)270-3932 and whose fax number is (571) 270-4932. The examiner can normally be reached on M-F 9:00 - 5:00 EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steven B. McAllister can be reached at (571) 272-6785. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JORGE A PEREIRO/ Primary Examiner, Art Unit 3799