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 .
Status of the Claims
Claims 1, 10, and 19 have been amended.
Claims 7, 8, and 13 remain as previously canceled.
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 – 6, 9 – 12, 14, and 17 – 19 are rejected under 35 U.S.C. 103 as being unpatentable over US 2017/0167498, “Chang,” in view of US 2019/0285071, “Webster.”
Regarding Claim 1: Chang discloses an electric submersible pump assembly (Figures 1 – 15) comprising: a motor (215, 350) coupled to a pump (212, 320), wherein the pump comprises: a housing (The exterior portion of the motor into which the impellers and stators are arranged as shown in at least Figure 3); one or more rotors (420) within the housing; and stators (440) on the housing and removably attached to the rotors (At least [0049], “the diffuser 440, configured to be substantially statically disposed in a housing (e.g., in a diffuser stack), can direct flow of fluid to the leading edges 422 of the vanes 423 of the impeller 420”), wherein the stators comprises a longitudinal axis (z) (As shown in Annotated Figure A; [0127], “an ESP may include impellers, impeller spacers, etc. with different stiffnesses (e.g., arranged along an axis)”), an interior wall (441, or alternatively as shown in Annotated Figure A), an exterior wall (449, or alternatively as shown in Annotated Figure A), a first open end (As shown in Annotated Figure A), and a second open end (As shown in Annotated Figure A), and wherein the exterior wall is a cylindrical surface between the first open end and the second open end (As shown in at least Figures 3 – 5B, and in Annotated Figure A (Identified as “Stator Exterior Wall”); The outer surface of the stator comprises a cylindrical surface at at least the upper and lower portions of the exterior wall such that the portion of the exterior wall formed in the shape of a cylinder is located between the first and second open ends, adjacent to the first open end and the second open end. The stators of Chang read over the recited limitation of “a cylindrical surface” which has been provided its broadest reasonable interpretation which reads over a surface which is cylindrical in shape between the first and second open ends, it is noted that the instant limitation does not define a narrow arrangement wherein the cylindrical surface extends fully from the fist open end to the second open end or wherein the cylindrical surface is uninterrupted, uniform, continuous, etc.); wherein the first open end comprises a lip (As shown in Annotated Figure A)¸wherein the lip comprises an end surface that is completely perpendicular to the longitudinal axis (As shown in Annotated Figure A), an interior wall that extends from the lip end surface uniformly parallel to the longitudinal axis (As shown in Annotated Figure A), and an exterior wall parallel to the longitudinal axis (As shown in Annotated Figure A); wherein the second open end comprises a lip recess (As shown in Annotated Figure A) configured to receive the lip (As shown in Annotated Figure A, and as further shown in at least Figures 4 and 5A); however, Chang does not explicitly disclose wherein the first open end comprises one or more tabs extending from the lip, wherein the second open end comprises one or more slots to receive the one or more tabs; and wherein the one or more tabs and the one or more slots to receive the one or more tabs are internal to the stators. Chang discloses an arrangement of a pump wherein rotation prevention of the stators is identified as an undesired condition and prevention of such rotation is contemplated in at least [0089], [0090], [0099], and [0107]. However, Chang fails to disclose the anti-rotation features as recited by the instant claims.
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Annotated Figure A: Features of the Stator of Chang
Webster teaches an arrangement of stacked diffusers arranged within a pump (Figures 1 – 10), similar to the arrangement of Chang, and further teaches one or more tabs (310) arranged on first open end (300) of an electrical submersible pump stator (200) and wherein the first open end is the up-well end of the stator and wherein the stator further comprises one or more slots to receive the tabs (315) ([0041]) arranged on a second open end (305).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have modified the arrangement of Chang to incorporate the tabs and slots arrangement of Webster with the predicted results that such features will increase the ability of assembly to resist rotation between adjacent diffusers (At least [0045] – [0047]).
Once combined, Chang, in view of Webster, makes obvious wherein the first open end comprises one or more tabs extending from the lip, wherein the second open end comprises one or more slots to receive the one or more tabs; and wherein the one or more tabs and the one or more slots to receive the one or more tabs are internal to the stators.
Regarding Claim 2: Chang, in view of Webster, teaches the assembly of claim 1; once combined, Webster further teaches wherein the stators are connected by a tongue and groove attachment mechanism comprising the lips and the lip recesses. Webster teaches an electric submersible pump arrangement further comprising a stator (200) (At least Figures 3A, 3B, and 7; [0001], “the invention described herein pertain to the field of electric submersible pump diffusers”), the stator further comprising one or more tabs (310) arranged on first open end (300), and wherein the stator further comprises one or more slots to receive the tabs (315) ([0041]) arranged on a second open end (305), wherein the stators are connected by tongue and groove attachment mechanism comprising the lips and recessed lips (The matting mechanism of Webster, comprising the one or more tabs and the one or more slots to receive the tabs, is taught as one which forms a tongue and groove attachment mechanism).
Regarding Claim 3: Chang, in view of Webster, teaches the assembly of claim 1; once combined, Webster further teaches wherein the one or more tabs comprise a tab selected from the group of beveled edges, rounded edges, and sharp edges (As shown in at least Figures 3A and 8; The tabs are shown as comprising sharp edges).
Regarding Claim 4: Chang, in view of Webster, teaches the assembly of claim 1; Chang further discloses wherein the stators are configured to be nested within one another via the lip and the lip recesses (As shown in their stacked configuration in at least Figure 4 and as further shown in Annotated Figure A); once combined, Webster further teaches wherein the stators are configured to be nested within one another via the one or more tabs and the one or more slots (As shown in at least Figure 8 and as further discussed in at least [0045] – [0047] with respect to the anti-rotation features).
Regarding Claim 5: Chang, in view of Webster, teaches the assembly of claim 1; once combined, Webster further teaches wherein once the stators are attached, the stators are prevented from rotating relative to one another via the lip and the lip recesses and the one or more tabs and the one or more slots (At least [0045] – [0047]).
Regarding Claim 6: Chang, in view of Webster, teaches the assembly of claim 1; Chang further discloses wherein the stators lack an O-ring, a gasket, or a ring seal (As shown in at least Figures 3 – 8; The embodiments disclosed with at least stators 440 show the arrangement without an O-ring such as that of the alternative embodiment comprising stators 1240 comprising sealing element 1274).
Regarding Claim 9: Chang, in view of Webster, teaches the assembly of claim 1; Chang further discloses wherein the assembly is configured to be used in a wellbore (As shown in at least Figures 1 and 2; As further described in at least [0025] – [0028], and [0032]).
Regarding Claim 10: Chang discloses an electric submersible pump assembly (Figures 1 – 15) comprising: a pump (212, 320) comprising: a housing (The exterior portion of the motor into which the impellers and stators are arranged as shown in at least Figure 3); a first stator (440-1) and a second stator (440-2) on the housing (As shown in at least Figure 4), wherein the stators are removably attached to corresponding rotors (At least [0049], “the diffuser 440, configured to be substantially statically disposed in a housing (e.g., in a diffuser stack), can direct flow of fluid to the leading edges 422 of the vanes 423 of the impeller 420”), wherein each stator comprises a longitudinal axis (z) (As shown in Annotated Figure A; [0127], “an ESP may include impellers, impeller spacers, etc. with different stiffnesses (e.g., arranged along an axis)”), an interior wall (441, or alternatively as shown in Annotated Figure A), an exterior wall (449, or alternatively as shown in Annotated Figure A), a first open end (As shown in Annotated Figure A), and a second open end (As shown in Annotated Figure A), and wherein the exterior wall is a cylindrical surface between the first open end and the second open end (As shown in at least Figures 3 – 5B, and in Annotated Figure A (Identified as “Stator Exterior Wall”); The outer surface of the stator comprises a cylindrical surface at at least the upper and lower portions of the exterior wall such that the portion of the exterior wall formed in the shape of a cylinder is located between the first and second open ends, adjacent to the first open end and the second open end. The stators of Chang read over the recited limitation of “a cylindrical surface” which has been provided its broadest reasonable interpretation which reads over a surface which is cylindrical in shape between the first and second open ends, it is noted that the instant limitation does not define a narrow arrangement wherein the cylindrical surface extends fully from the fist open end to the second open end or wherein the cylindrical surface is uninterrupted, uniform, continuous, etc.); wherein the first open end comprises a lip (As shown in Annotated Figure A); wherein the first open end comprises a lip (As shown in Annotated Figure A)¸wherein the lip comprises an end surface that is completely perpendicular to the longitudinal axis (As shown in Annotated Figure A), an interior wall that extends from the lip end surface uniformly parallel to the longitudinal axis (As shown in Annotated Figure A), and an exterior wall parallel to the longitudinal axis (As shown in Annotated Figure A); wherein the second open end comprises a lip recess (As shown in Annotated Figure A) configured to receive the lip (As shown in Annotated Figure A, and as further shown in at least Figures 4 and 5A), and wherein the one or more tabs and the one or more slots to receive the one or more tabs are internal to the stators (As shown in at least Figure 2); however, Chang does not explicitly disclose wherein the first open end comprises one or more tabs extending from the lip and wherein the second open end comprises one or more slots to receive the one or more tabs; wherein the one or more tabs and the one or more slots to receive the one or more tabs are internal to the stators. Chang discloses an arrangement of a pump wherein rotation prevention of the stators is identified as an undesired condition and prevention of such rotation is contemplated in at least [0089], [0090], [0099], and [0107]. However, Chang fails to disclose the anti-rotation features as recited by the instant claims.
Webster teaches an arrangement of stacked diffusers arranged within a pump (Figures 1 – 10), similar to the arrangement of Chang, and further teaches one or more tabs (310) arranged on first open end (300) of an electrical submersible pump stator (200) and wherein the first open end is the up-well end of the stator and wherein the stator further comprises one or more slots to receive the tabs (315) ([0041]) arranged on a second open end (305).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have modified the arrangement of Chang to incorporate the tabs and slots arrangement of Webster with the predicted results that such features will increase the ability of assembly to resist rotation between adjacent diffusers (At least [0045] – [0047]).
Once combined, Chang, in view of Webster, makes obvious wherein the first open end comprises one or more tabs extending from the lip and wherein the second open end comprises one or more slots to receive the one or more tabs; wherein the one or more tabs and the one or more slots to receive the one or more tabs are internal to the stators
Regarding Claim 11: Chang, in view of Webster, teaches the assembly of claim 10; once combined, Webster further teaches wherein the tabs extend longitudinally from the lip (As shown in at least Figure 3A)
Regarding Claim 12: Chang, in view of Webster, teaches the assembly of claim 10; Chang further discloses wherein the assembly is configured to be used in a wellbore (As shown in at least Figures 1 and 2; As further described in at least [0025] – [0028], and [0032]).
Regarding Claim 14: Chang, in view of Webster, teaches the assembly of claim 10; once combined, Webster further teaches wherein the one or more tabs and the one or more slots resist rotational forces on the stators (At least [0045] – [0047]).
Regarding Claim 17: Chang, in view of Webster, teaches the assembly of claim 10; however, Webster is silent as to the adjustability of the tabs and therefore fails to explicitly disclose wherein the one or more tabs are adjustable in length. However, it would have been obvious to one having ordinary skill in the before the effective filling date of the claimed invention to have made the length of the tabs of Webster, once combined, to be adjustable in length, since it has been held that the provision of adjustability, where needed, involves routine skill in the art. MPEP 2144.04(V)(d).
Regarding Claim 18: Chang, in view of Webster, teaches the assembly of claim 10; Chang further discloses wherein the stators are configured to be nested within one another via the lips and the lip recesses (As shown in their stacked configuration in at least Figure 4 and as further shown in Annotated Figure A) ; once combined, Webster further teaches wherein the stators are configured to be nested within one another via the lips and the lip recesses, and the one or more tabs and the one or more slots (As shown in at least Figure 8 and as further discussed in at least [0045] – [0047] with respect to the anti-rotation features).
Regarding Claim 19: Chang discloses a stator assembly (Figures 1 – 15) comprising: one or more stators (440) removably attached to one or more rotors (420) (At least [0049], “the diffuser 440, configured to be substantially statically disposed in a housing (e.g., in a diffuser stack), can direct flow of fluid to the leading edges 422 of the vanes 423 of the impeller 420”), wherein the stators comprise a longitudinal axis (As shown in Annotated Figure A), an interior wall (441, or alternatively as shown in Annotated Figure A), an exterior wall (449, or alternatively as shown in Annotated Figure A), a first open end (As shown in Annotated Figure A), and a second open end (As shown in Annotated Figure A), and wherein the exterior wall is a cylindrical surface between the first open end and the second open end (As shown in at least Figures 3 – 5B, and in Annotated Figure A (Identified as “Stator Exterior Wall”); The outer surface of the stator comprises a cylindrical surface at at least the upper and lower portions of the exterior wall such that the portion of the exterior wall formed in the shape of a cylinder is located between the first and second open ends, adjacent to the first open end and the second open end. The stators of Chang read over the recited limitation of “a cylindrical surface” which has been provided its broadest reasonable interpretation which reads over a surface which is cylindrical in shape between the first and second open ends, it is noted that the instant limitation does not define a narrow arrangement wherein the cylindrical surface extends fully from the fist open end to the second open end or wherein the cylindrical surface is uninterrupted, uniform, continuous, etc.); wherein the first open end comprises a lip (As shown in Annotated Figure A), wherein the first open end comprises a lip (As shown in Annotated Figure A)¸wherein the lip comprises an end surface that is completely perpendicular to the longitudinal axis (As shown in Annotated Figure A), an interior wall that extends from the lip end surface uniformly parallel to the longitudinal axis (As shown in Annotated Figure A), and an exterior wall parallel to the longitudinal axis (As shown in Annotated Figure A); wherein the second open end comprises a lip recess (As shown in Annotated Figure A) configured to receive the lip (As shown in Annotated Figure A, and as further shown in at least Figures 4 and 5A); however, Chang does not explicitly disclose wherein the first open end comprises one or more tabs extending from the lip and wherein the second open end comprises one or more slots to receive the one or more tabs; wherein the one or more tabs and the lip recess configured to receive the lip and the one or more tabs are internal to the stators. Chang discloses an arrangement of a pump wherein rotation prevention of the stators is identified as an undesired condition and prevention of such rotation is contemplated in at least [0089], [0090], [0099], and [0107]. However, Chang fails to disclose the anti-rotation features as recited by the instant claims.
Webster teaches an arrangement of stacked diffusers arranged within a pump (Figures 1 – 10), similar to the arrangement of Chang, and further teaches one or more tabs (310) arranged on first open end (300) of an electrical submersible pump stator (200) and wherein the first open end is the up-well end of the stator and wherein the stator further comprises one or more slots to receive the tabs (315) ([0041]) arranged on a second open end (305).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have modified the arrangement of Chang to incorporate the tabs and slots arrangement of Webster with the predicted results that such features will increase the ability of assembly to resist rotation between adjacent diffusers (At least [0045] – [0047]).
Once combined, Chang, in view of Webster, makes obvious wherein the first open end comprises one or more tabs extending from the lip and wherein the second open end comprises one or more slots to receive the one or more tabs; wherein the one or more tabs and the lip recess configured to receive the lip and the one or more tabs are internal to the stators.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over US 2017/0167498, “Chang,” in view of US 2019/0285071, “Webster,” and US 7,493,960, “Leising.”
Regarding Claim 15: Chang, in view of Webster, teaches the assembly of claim 10; however, Chang fails to explicitly disclose wherein each tab comprises a tapered design to facilitate insertion into the corresponding one of the one or more slots.
Leising teaches an apparatus for connecting two parts without rotation (Figures 9 – 16), utilizing one or more tabs (244) and one or more slots configured to receive the tabs (264, 282), similar in design and function to the tabs and slots of Chang, in view of Webster, and further teaches wherein each tab comprises a tapered design to facilitate insertion into the corresponding one of the one or more slots (As shown in at least Figure 14; Each of the tabs, or castellations, is shown having a chamfer ed end design which will act to facilitate insertion into the corresponding slots).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have modified the shape of the tabs of Chang in view of Webster to incorporate the chamfered design of Leising with the predicted results that the chamfer will be self-centering into the slot in a manner well known in the art.
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over US 2017/0167498, “Chang,” in view of US 2019/0285071, “Webster,” and US 7,669,671, “Hall.”
Regarding Claim 16: Chang, in view of Webster, teaches the assembly of claim 10; however, Chang fails to explicitly disclose wherein the assembly further comprises an alignment feature on the first open end of each stator to assist in aligning the one or more tabs with the corresponding one of the one or more slots.
Hall teaches an apparatus for connecting two parts without rotation (At least Figures 2 – 5), utilizing one or more tabs (205) and one or more slots configured to receive the tabs (205) (Meshed engagement shown in at least Figures 4 and 5), similar in design and function to the tabs and slots of Chang, in view of Webster, and further teaches wherein the assembly further comprises an alignment feature to assist in aligning the one or more tabs with the corresponding one of the one or more slots (As shown in at least Figures 3 – 5; The tabs and slots are both formed with either a rounded radius geometry (Forming pockets 451 in at least Figures 3 and 4) or a castellated geometry forming a large chamfer surface between corresponding spaces 303) which as self centering guides in the alignment of each of the corresponding tabs and slots).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have modified the shape of the slots of Chang in view of Webster to incorporate the chamfered or radiused design of Hall with the predicted results that the chamfer will aid in self-centering of the tab into the slot in a manner well known in the art.
Once combined, Chang in view of Webster, and Hall, teaches wherein the assembly further comprises an alignment feature on the first open end of each stator to assist in aligning the one or more tabs with the corresponding one of the one or more slots.
Claims 1, 10, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over US 2017/0167498, “Chang,” in view of US 2019/0285071, “Webster,” and US 3,265,001, “Deters.”
The following claim rejections are provided as parallel rejections (utilizing an alternative claim interpretation) to those of at least claims 1, 10, and 19 previously recited as rendering the claims unpatentable over Chang in view of Webster
Regarding Claims 1, 10, and 19: Chang discloses an electric submersible pump assembly (Figures 1 – 15) comprising: a motor (215, 350) coupled to a pump (212, 320), wherein the pump comprises: a housing (The exterior portion of the motor into which the impellers and stators are arranged as shown in at least Figure 3); one or more rotors (420) within the housing; and stators (440) on the housing and removably attached to the rotors (At least [0049], “the diffuser 440, configured to be substantially statically disposed in a housing (e.g., in a diffuser stack), can direct flow of fluid to the leading edges 422 of the vanes 423 of the impeller 420”), wherein the stators comprises a longitudinal axis (z) (As shown in Annotated Figure A; [0127], “an ESP may include impellers, impeller spacers, etc. with different stiffnesses (e.g., arranged along an axis)”), an interior wall (441, or alternatively as shown in Annotated Figure A), an exterior wall (449, or alternatively as shown in Annotated Figure A), a first open end (As shown in Annotated Figure A), and a second open end (As shown in Annotated Figure A); wherein the first open end comprises a lip (As shown in Annotated Figure A)¸wherein the lip comprises an end surface that is completely perpendicular to the longitudinal axis (As shown in Annotated Figure A), an interior wall that extends from the lip end surface uniformly parallel to the longitudinal axis (As shown in Annotated Figure A), and an exterior wall parallel to the longitudinal axis (As shown in Annotated Figure A); wherein the second open end comprises a lip recess (As shown in Annotated Figure A) configured to receive the lip (As shown in Annotated Figure A, and as further shown in at least Figures 4 and 5A); however, Chang does not explicitly disclose wherein the first open end comprises one or more tabs extending from the lip, wherein the second open end comprises one or more slots to receive the one or more tabs; and wherein the one or more tabs and the one or more slots to receive the one or more tabs are internal to the stators and fails to explicitly disclose wherein the exterior wall is a cylindrical surface between the first open end and the second open end (wherein the cylindrical surface is interepted as a surface which is formed as a uniform, continuous, or uninterrupted, surface extending between the first and second open ends). Chang discloses an arrangement of a pump wherein rotation prevention of the stators is identified as an undesired condition and prevention of such rotation is contemplated in at least [0089], [0090], [0099], and [0107]. However, Chang fails to disclose the anti-rotation features as recited by the instant claims. Chang discloses a cylindrical surface formed on the exterior wall; however, Chang fails to disclose the surface as being uniform, continuous, or uninterrupted, and discloses said surface as comprising “undulations, deviations, or other upsets” as noted by Applicant in their 2025.12.30 Remarks.
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Annotated Figure A: Features of the Stator of Chang
Webster teaches an arrangement of stacked diffusers arranged within a pump (Figures 1 – 10), similar to the arrangement of Chang, and further teaches one or more tabs (310) arranged on first open end (300) of an electrical submersible pump stator (200) and wherein the first open end is the up-well end of the stator and wherein the stator further comprises one or more slots to receive the tabs (315) ([0041]) arranged on a second open end (305). Webster fails to explicitly teach wherein the exterior wall is a cylindrical surface between the first open end and the second open end (wherein the cylindrical surface is interepted as a surface which is formed as a uniform, continuous, or uninterrupted, surface extending between the first and second open ends). Webster teaches a cylindrical surface formed on the exterior wall; however, Webster further teaches said surface is interrupted by at least an O-ring sealing groove as shown in at least Figure 10.
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have modified the arrangement of Chang to incorporate the tabs and slots arrangement of Webster with the predicted results that such features will increase the ability of assembly to resist rotation between adjacent diffusers (At least [0045] – [0047]).
Once combined, Chang, in view of Webster, makes obvious wherein the first open end comprises one or more tabs extending from the lip, wherein the second open end comprises one or more slots to receive the one or more tabs; and wherein the one or more tabs and the one or more slots to receive the one or more tabs are internal to the stators.
Deters teaches an arrangement of stacked diffusers arranged within a pump (Figures 1 – 10), similar to the arrangement of Chang, and further teaches a stack of one or more stators having a first open end and a second open end (As shown in at least Figures 1 – 4; Cl. 3, ln. 1, “each impeller 28 is surrounded by an assembled casing unit, and each casing unit comprises peripheral wall 52), the at least one sator surrounding one or more impellers (28), each of the one or more stators comprises an exterior wall (52), and wherein the exterior wall is a cylindrical surface between the first open end and the second open end (As shown in at least Figures 1 – 4; The exterior wall 52 of each casing unit is shown formed as a cylindrical surface which is interepted as a surface which is formed as a uniform, continuous, or uninterrupted, surface extending between the first and second open ends. It is noted that the cylindrical surface of Deters is free from surface alterations such as “undulations, deviations, or other upsets” between the first and second open ends).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have modified the cylindrical surface of the exterior wall of Chang to incorporate the uniform cylindrical surface exterior wall arrangement of Deters with the predicted results that such an arrangement will work equally well as the outer radial surface of a stator in an electric submersible pump. It is further noted that such a modification is viewed as a mere change in shape. The change in shape of an element is viewed as a matter of design choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the element was significant. In the instant application, applicant has not disclosed any criticality for the claimed limitations. As such, the recited modification would have been obvious. (MPEP 2144.04)
Claims 10 and 19 are likewise rejected as obvious in view of Chang, Webster, and Deters, for the reasons outlined under this heading. The detailed claim mapping of each of Claims 10 and 19 (aside from the new mapping of the recited cylindrical surface under this heading) remains the same as noted herein recited in at least ¶16, and ¶25.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 10, and 19 have been considered but are moot because the new grounds of rejection do not rely on any reference, or combination of references, applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
It is noted that the aforesaid rejections of claims 1, 10, and 19 no longer rely on teachings of US 2017/0167498, “Chang,” for the recited cylindrical surface structure, such that Applicant’s Arguments on pages 6 and 7 of their Remarks regarding Chang’s alleged failure to disclose or teach “wherein the exterior wall is a cylindrical surface between the first open end and the second open end,” are rendered moot.
Applicant's arguments filed 2025.12.30 have been fully considered but they are not persuasive. Applicant argues, on page 6 of their Remarks, that Chang fails to disclose “wherein the exterior wall is a cylindrical surface between the first open end and the second open end.”
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In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., the cylindrical surface comprising a surface which is free from “undulations, deviations, or other upsets” or a surface which is continuous from the first open end to the second open end) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). It is additionally noted that Applicants alleged cylindrical surface 105 is shown in at least Figures 1 – 4 as being interrupted by at least a chamfer at each of the first and second open ends such that it is unclear if Applicant has original support for an uninterrupted surface extending between the first and second open ends (Although support appears to exist in at least the recited figures for such a surface extending between the aforesaid chamfers which have not been recited by the claims).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/BENJAMIN DOYLE/Examiner, Art Unit 3746 2026.01.16
/MARK A LAURENZI/Supervisory Patent Examiner, Art Unit 3746 1/23/2026