CTNF 18/285,909 CTNF 74647 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Claim Rejections - 35 USC § 103 07-06 AIA 15-10-15 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. 07-20-aia AIA 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. 07-23-aia AIA 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. 07-20-02-aia AIA 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. 07-21-aia AIA Claim s 1-3 and 5-12 are rejected under 35 U.S.C. 103 as being unpatentable over WO 2019151449 to Kawabata (Kawabata) – English translation provided as provided by Google Patent’s translation service . With regard to claim 1, Kawabata discloses a concrete pumping pipe (Kawabata, title, abstract) comprising no metal pipe (Example 2, pipe made of ultra-high molecular weight polyethylene ) , and having a cylindrical body (shown in the figures) composed of a resin (UHMWPE is a resin) , wherein a dynamic friction coefficient of the inner surface of the cylindrical body is 0.07 to 0.30 (disclosed in the description of Example 2 as 0.2) , the cylindrical body is free of rupture and leakage in a 25 MPa hydraulic pressure resistance test (not disclosed) , and a total luminous transmittance per 2 mm-thickness test piece of the cylindrical body is 10% or more (the total luminous transmittance is not disclosed beyond a description of milky white, gray or light yellow pipe that transmit enough light to be able to see if concrete is present and flowing, an improvement over the old method of hitting the pipe with a hammer to audibly test for the same conditions) . Kawabata does not disclose that the pumping pipe is capable of passing a 25 MPa hydraulic pressure resistance test, but it would have been obvious to one having ordinary skill in the art at the time of filing that is free of rupture and leakage after such a test, in order to demonstrate its suitability for the intended use of pumping concrete. Kawabata also does not disclose a total luminous transmittance per 2 mm thickness test piece of the cylindrical body is 10% or more. Applicant does not disclose criticality of 10%, noting the device can be 10 to 70% luminous transmittance (Applicant’s Specification, paragraph 0024). Applicant notes that at 10% or more the visual recognition of the contents is more “enhanced”. Kawabata notes an embodiment of three different color materials used that allow visual identification of the presence of flowing concrete. It would have been obvious to one having ordinary skill in the art at the time of filing to provide the device of Kawabata with a total luminous transmittance per 2 mm thickness test piece of the cylindrical body of at least 10%, in order to ensure visual identification of flowing concrete when the device is used as intended to pump concrete from an agitator to a point of application into a form. With regard to claim 2, Kawabata discloses the concrete pumping pipe according to claim 1 as set forth above, but fails to disclose wherein a contact angle of the inner surface of the cylindrical body is 55 ° or more. As explained by applicant, the contact angle is a measured by observing a small drop of water dropped onto a flat surface of the material. Kawabata is made from the same material and is used for the same purpose as applicant’s claimed invention. It would have been obvious to one having ordinary skill in the art at the time of filing to provide material that has a contact angle of 55 ° or more, in order to provide a pipe suitable for pumping concrete that facilitates the maintenance of the fluidity of the pumped concrete. Such an angle would be easy to achieve because the device of Kawabata is made from the same material. With regard to claim 3, Kawabata discloses the concrete pumping pipe according to claim 1, but does not disclose wherein a wear amount of the inner surface of the cylindrical body by a sand slurry wear method is 10 mg or less. The device of Kawabata is disclosed for the same function of pumping concrete as applicant’s claimed invention. It would have been obvious to one having ordinary skill in the art at the time of filing to provide the device of Kawabata with an abrasion resistance such that less than 10 mg of the inner surface material would be worn away after being subjected to the wear method, in order to provide a durable pipe that is suitable for its intended purpose of pumping concrete (a material with similar abrasive profile as a sand slurry). With regard to claim 5, Kawabata discloses the concrete pumping pipe according to claim 1 as set forth above, and further discloses wherein a cylindrical body having at least an innermost layer and an outermost layer composed of a resin (the recitation of an innermost layer and an outermost layer does not prohibit the layers from being constructed of the same material. As such a designation of the inner half of the cylinder of Kawabata as the first layer and the outer half of the cylinder and the second layer is disclosed by Kawabata) has a spiral male screw groove or a circumferential groove on an outer circumferential surface at both end parts (Kawabata, as noted in the translation of the specification “In the step of fitting, The first hydrous fluid transport pipe and the first flange joint are engaged with each other in at least a part of a region where the first hydrous fluid transport pipe and the first flange joint are in contact with each other. The first hydrous fluid transport pipe and the first hydrous fluid transport pipe and the first flange joint are fixed by the engagement between the threaded portions formed on the first hydrous fluid transport pipe and the first flange joint. 1 flange joint, and The second hydrous fluid transport pipe and the second flange joint are engaged with each other in at least a part of a region where the second hydrous fluid transport pipe and the second flange joint are in contact with each other. The second hydrous fluid transport pipe and the second hydrous fluid transport pipe and the second flange joint are fixed by the engagement between the threaded portions formed on the second hydrous fluid transport pipe and the second flange joint. It is preferable to fit two flange joints”) . With regard to claim 6, Kawabata discloses the concrete pumping pipe according to claim 1 as set forth above, and further discloses wherein the cylindrical body is a single layer pipe (Kawabata, shown in the figures and as set forth in example 2) . With regard to claims 7, 8 and 10, Kawabata discloses the concrete pumping pipe according to claims 1 and 5 as set forth above, and further wherein a maximum outer diameter R of the cylindrical body is 100 to 250 mm, an inner diameter r of the cylindrical body is 70 to 170 mm, and a thickness of the cylindrical body (R-r)/2 is 5 to 20 mm, wherein an overall length Lw of the cylindrical body is 0.3 to 4 m, and wherein a ratio of a maximum outer diameter R'2 of a flange formed between an end face of the cylindrical body and the circumferential groove to an inner diameter r of the cylindrical body R'2/r is 1.05 to 1.4. From the translation: “The outer diameter and inner diameter of the pipe are not particularly limited as long as the effects of the present invention are not impaired. The outer diameter may be, for example, 10 to 300 mm, 20 to 250 mm, or 50 to 170 mm. The inner diameter may be, for example, 5 to 250 mm, 10 to 200 mm, or 40 to 120 mm. However, the outer diameter is larger than the inner diameter.” With regard to claim 9, Kawabata discloses the concrete pumping pipe according to claim 5 as set forth above, but does not disclose wherein a pitch of the male screw groove is 3 to 10 mm. It would have been obvious to one having ordinary skill in the art at the time of filing to provide the device of Kawabata with a pitch of 3 to 10 mm, since that range encompasses the conventional range of thread pitch for this type of application and it would have been obvious to try different thread pitches within that range to be able to test the pipe for suitability for use in its field of intended endeavor. It is noted that applicant does not place criticality on the claimed range as evidence by paragraph 0048 of applicant’s specification. With regard to claim 11, Kawabata discloses the concrete pumping pipe according to claim 1 as set forth above, and further discloses wherein the resin contains an ultra high molecular weight polyethylene (as set forth above in the rejection of claim 1, the resin is UHMWPE) . With regard to claim 12, Kawabata discloses the concrete pumping pipe according to claim 11 as set forth above, and further disclose wherein a viscosity average molecular weight of the ultra-high molecular weight polyethylene contained in the resin is 10 x 10 4 or more and 1000 x 10 4 or less (as set forth in the translation “Examples of the ultra-high molecular weight polyolefin include ultra-high molecular weight ethylene polymers, and more specifically, ultra-high molecular weight polyethylene. The viscosity average molecular weight of the ultra-high molecular weight polyolefin may be 1 million or more, 2 million or more, or 3 million or more from the viewpoint of impact resistance, wear resistance, and the like. Although the upper limit of the viscosity average molecular weight is not particularly limited, practically, the viscosity average molecular weight may be, for example, 9 million or less, 8 million or less, or 7 million or less.”) 07-21-aia AIA Claim s 4, 13 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over WO 2019151449 to Kawabata (Kawabata) – English translation provided as provided by Google Patent’s translation service in view of United States Patent Application Publication No. 2017/0114193 A1 to Ericsson et al. (Ericsson) . With regard to claims 4 and 13, Kawabata discloses the concrete pumping pipe according to claim 1 as set forth above, but fails to disclose wherein a tensile breaking strength of the cylindrical body after an accelerated exposure test is carried out at a black panel temperature of 63°C±3°C for 1200 hours is 50% or more relative to a tensile breaking strength of 100% before the accelerated exposure test, and a tensile breaking elongation of the cylindrical body after the accelerated exposure test is carried out is 50% or more relative to a tensile breaking elongation of 100% before the accelerated exposure test, and wherein the cylindrical body further contains an UV absorber, and a content of the UV absorber is 0.01 to 10 mass% relative to the total amount of the cylindrical body. Ericsson discloses a resin pipe for carrying fluids (Ericsson, abstract), an analogous field of endeavor to Kawabata. Ericsson further discloses the use of a hindered amine light stabilizer (HALS) (Ericsson, paragraph 0128) in an amount from 0.05 to 1% by weight. It would have been obvious to one having ordinary skill in the art at the time of filing to modify the Kawabata pipe to include HALS in an amount from 0.05 to 1% by weight, in order to interfere with the degradation from UV exposure over time of the pipe as taught by Ericsson in paragraph 0128 for an application of Kawabata that is exposed to the elements. Kawabata does not disclose a pipe that is capable of performing the function of being subject to an accelerated exposure test at a black panel temperature of 63°C±3°C for 1200 hours and retaining at least 50% of the tensile strength of the pretest pipe. The use of the same UV inhibiter in a pipe of the same material in the Kawabata pipe modified as taught by Ericsson described above results in a pipe material that is capable of performing the function of retaining at least 50% of the tensile strength when subjected to the accelerated exposure test. With regard to claim 14, Kawabata discloses a method for producing a concrete pumping pipe (Kawabata, title, abstract) , comprising a molding step (described generally) of screw extrusion molding (not disclosed) a resin (UHMW as set forth in the rejection of claim 1) into a hollow cylindrical shape (shown in the figures of Kawabata) to produce the concrete pumping pipe according to claim 1. Kawabata fails to disclose screw extrusion molding as the method producing the pipe. Ericsson discloses screw extrusion (Ericsson, abstract), as the method producing the polymer pipe. It would have been obvious to one having ordinary skill in the art at the time of filing to use a known method such as screw extrusion as taught by Ericsson in order to provide the modified pipes for use in an environment exposed to the elements . Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. USPNs 3451434, 6520213, 6494234, 6240966, 5379805, 5813437 and 5379805 disclose various pipe configurations especially suited for pumping concrete. USPNs 2015/0298402, 2009/0272453 and 2010/0224272 disclose various concrete pumping systems including pipes having anti-wear features . 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. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. 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. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /DAVID R DEAL/ Primary Examiner Art Unit 3753 Application/Control Number: 18/285,909 Page 2 Art Unit: 3753 Application/Control Number: 18/285,909 Page 3 Art Unit: 3753 Application/Control Number: 18/285,909 Page 4 Art Unit: 3753 Application/Control Number: 18/285,909 Page 5 Art Unit: 3753 Application/Control Number: 18/285,909 Page 6 Art Unit: 3753 Application/Control Number: 18/285,909 Page 7 Art Unit: 3753 Application/Control Number: 18/285,909 Page 8 Art Unit: 3753 Application/Control Number: 18/285,909 Page 9 Art Unit: 3753