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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 1, 3-5, 7-8 and 11-14 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-12 of U.S. Patent No. 11,708,929. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the patent anticipate the claims of the application as set forth below:
18/224,145
USPN 11,708,929
Remarks
1. A gripper assembly for a pipeline plug comprising:
an actuator plate, the actuator plate including a wedge surface;
a bowl, the bowl including a bowl expansion face, the bowl expansion face having bowl stairsteps; and
a gripper unit,
the gripper unit including a gripper body,
the gripper body positioned between the actuator plate and the bowl,
the gripper body including an expansion face,
the expansion face having gripper stairsteps,
the gripper stairsteps corresponding to the bowl stairsteps.
1. A gripper assembly for a pipeline plug comprising:
an actuator plate, the actuator plate including a wedge surface;
a bowl, the bowl including a bowl expansion face, the bowl expansion face having bowl stairsteps;
a gripper unit,
the gripper unit including a gripper body,
the gripper body positioned between the actuator plate and the bowl,
the gripper body including an expansion face,
the expansion face having gripper stairsteps,
the gripper stairsteps corresponding to the bowl stairsteps; and
an actuator expansion spring positioned between the actuator plate and the gripper body.
The application claim is anticipated by the patent claim
Claims 3-5, 7-8 and 11-14 of the application are the same as claims 2-4, 5-6 and 7-12 of the patent.
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, 3-5, 7-8 and 11-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by United States Patent No. 7314065 B1 to Adelman (Adelman).
With regard to claim 1, Adelman discloses a gripper assembly for a pipeline plug (Adelman, title, abstract) comprising:
an actuator plate (12, fig. 1, column 2, lines 3-5), the actuator plate including a wedge surface (15 and including grooves 44, fig. 1, column 2, lines 3-5);
a bowl (14, fig. 1, column 2, lines 3-5), the bowl including a bowl expansion face (27, fig. 1, column 2, lines 7-11), the bowl expansion face having bowl stairsteps (26/56, fig. 6); and
a gripper unit (46/46, fig. 6, column 2, lines 22-23), the gripper unit including a gripper body (the body of the rings described at column 2, lines 22-23), the gripper body positioned between the actuator plate and the bowl (as shown in figs. 4 and 6), the gripper body including an expansion face (48, fig. 6, column 2, lines 23-26), the expansion face having gripper stairsteps (shown in fig. 6), the gripper stairsteps corresponding to the bowl stairsteps (shown in fig. 6, the expansion face 48 interfaces with bowl stairstep face 56. This interface is considered to “correspond” the gripper stairsteps and the bowl stairsteps).
With regard to claim 3, Adelman discloses the gripper assembly of claim 1 as set forth above, and further discloses wherein the gripper unit further comprises a sliding wedge (the compression rings 46 that are received in annular groves 44 noted in fig. 4 and shown without the reference number in fig. 6 are capable of rotating in circumferential direction, making the angled face 48 a sliding wedge), the sliding wedge abutting a radially outer surface of the gripper body (the sliding wedge of the compression ring 46 abuts an outer surface of the bowl 14 as shown in fig. 6).
With regard to claim 4, Adelman discloses the gripper assembly of claim 3 as set forth above, and further discloses wherein the sliding wedge abuts the wedge surface of the actuator plate (as described above, the sliding wedge is slidable in the groove 44 which is part of the wedge surface of the actuator plate 12).
With regard to claim 5, Adelman discloses the gripper assembly of claim 3 as set forth above, and further discloses wherein the sliding wedge is slidingly coupled to the actuator by a fastener (the shape and dimensions of the groove 44 in combination with the resiliency of the compression ring 46 is a type of fastening arrangement that is functionally equivalent to a friction fit fastener).
With regard to claim 7, Adelman discloses the gripper assembly for a pipeline plug (Adelman, title, abstract) comprising:
an actuator plate (12, fig. 1, column 2, lines 3-5), the actuator plate including a wedge surface (15 and including grooves 44, fig. 1, column 2, lines 3-5);
a bowl (14, fig. 1, column 2, lines 3-5), the bowl including a bowl expansion face (27, fig. 1, column 2, lines 7-11); and
a gripper unit (46/46, fig. 6, column 2, lines 22-23), the gripper unit including a gripper body (the body of the rings described at column 2, lines 22-23) and a sliding wedge (the compression rings 46 that are received in annular groves 44 noted in fig. 4 and shown without the reference number in fig. 6 are capable of rotating in circumferential direction, making the angled face 48 of each ring 46 a sliding wedge), the sliding wedge abutting a radially outer surface of the gripper body the gripper unit (the sliding wedge of the compression ring 46 abuts an outer surface of the bowl 14 as shown in fig. 6) positioned between the actuator plate and the bowl (as shown in figs. 4 and 6), the gripper body including an expansion face (48, fig. 6, column 2, lines 23-26) abutting the bowl expansion face (shown in fig. 6), the radially outer surface of the gripper body formed at an angle (as shown in fig. 6, the face is angled) or curved.
With regard to claim 8, Adelman discloses the gripper assembly of claim 7 as set forth above, and further discloses wherein the bowl expansion face further comprises bowl stairsteps (26/56, fig. 6), wherein the expansion face of the gripper unit further comprises gripper stairsteps corresponding to the bowl stairsteps (as shown in fig. 6).
With regard to claim 11, Adelman discloses the gripper assembly of claim 7 as set forth above, and further discloses wherein the sliding wedge abuts the wedge surface of the actuator plate (as described above, the sliding wedge is slidable in the groove 44 which is part of the wedge surface of the actuator plate 12).
With regard to claim 12, Adelman discloses the gripper assembly of claim 7 as set forth above, and further discloses wherein the sliding wedge is slidingly coupled to the actuator by a fastener (the shape and dimensions of the groove 44 in combination with the resiliency of the compression ring 46 is a type of fastening arrangement that is functionally equivalent to a friction fit fastener).
With regard to claim 13, Adelman discloses a method comprising:
positioning a pipeline plug (10, fig. 1) in a pipeline (18, fig. 4), the pipeline plug including a gripper assembly, the gripper assembly including:
an actuator plate (12, fig. 1, column 2, lines 3-5), the actuator plate including a wedge surface (15 and including grooves 44, fig. 1, column 2, lines 3-5);
a bowl (14, fig. 1, column 2, lines 3-5), the bowl including a bowl expansion face (27, fig. 1, column 2, lines 7-11), the bowl expansion face having bowl stairsteps (26/56, fig. 6); and
a gripper unit (46/46, fig. 6, column 2, lines 22-23), the gripper unit including a gripper body (the body of the rings described at column 2, lines 22-23), the gripper body positioned between the actuator plate and the bowl (shown in fig. 4), the gripper body including an expansion face (48, fig. 6, column 2, lines 23-26), the expansion face having gripper stairsteps (shown in fig. 6), the gripper stairsteps corresponding to the bowl stairsteps (as shown in fig. 6);
longitudinally moving the actuator plate toward the bowl (column 2, lines 7-11);
moving the gripper unit radially outward (column 2, lines 7-11); and
engaging the gripper stairsteps to the bowl stairsteps (shown in fig. 6).
With regard to claim 14, Adelman discloses a method comprising:
positioning a pipeline plug (10, fig. 1) in a pipeline (18, fig. 4), the pipeline plug including a gripper assembly, the gripper assembly including:
an actuator plate (12, fig. 1, column 2, lines 3-5), the actuator plate including a wedge surface (15 and including grooves 44, fig. 1, column 2, lines 3-5);
a bowl (14, fig. 1, column 2, lines 3-5), the bowl including a bowl expansion face (27, fig. 1, column 2, lines 7-11), the bowl expansion face having bowl stairsteps formed therein (26/56, fig. 6); and
a gripper unit (46/46, fig. 6, column 2, lines 22-23), the gripper unit including a gripper body (the body of the rings described at column 2, lines 22-23) and a sliding wedge (the compression rings 46 that are received in annular groves 44 noted in fig. 4 and shown without the reference number in fig. 6 are capable of rotating in circumferential direction, making the angled face 48 of each ring 46 a sliding wedge), the sliding wedge abutting a radially outer surface of the gripper body the gripper unit positioned between the actuator plate and the bowl (the sliding wedge of the compression ring 46 abuts an outer surface of the bowl 14 as shown in fig. 6), the gripper body including an expansion face (48, fig. 6, column 2, lines 23-26) abutting the bowl expansion face (shown in fig. 6), the radially outer surface of the gripper body formed at an angle (as shown in fig. 6, the face is angled) or curved.;
longitudinally moving the actuator plate toward the bowl (column 2, lines 7-11);
moving the gripper unit radially outward (column 2, lines 7-11);
engaging the sliding wedge to the pipeline (column 2, lines 7-11);
moving the pipeline plug relative to the pipeline (column 2, lines 5-6); and
sliding the sliding wedge relative to the gripper body (the shape and dimensions of the groove 44 in combination with the resiliency of the compression ring 46 is a type of fastening arrangement that is functionally equivalent to a friction fit fastener).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID R DEAL whose telephone number is (469)295-9216. The examiner can normally be reached M-F generally 8-4 pm CST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisors can be reached at: Craig M Schneider (571) 272-3607 and Ken Rinehart (571) 272-4881. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DAVID R DEAL/Primary Examiner
Art Unit 3753