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 .
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) 1-4 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Murphy 5,219,403.
In regard to claim 1, Murphy discloses (figs. 15-16) a thermally-broken tube comprising;
two metallic portions 120 (see col. 10, lines 21-25 where is states any element except the foam cores can be made from metal);
two composite portions (100)(see col. 10, lines 8-14, where it states that the trough shaped duct 100 can be fabricated from an expanded foam liner having an additional plastic layer and col. 10, lines 40-43, where it states that “plastic” can be construed as a composite);
the metallic portions (120) have internal slots (slots where 108a and 108b are located);
and
the composite portions 100 have flanges (108a, 108b) operative to fit within the internal
slots of themetallic portions establishing a firm, tight, construction with a gap between the metallic portion's edges that breaks thermal conductivity between the two metallic portions (see figs. 15 and 16).
In regard to claim 2, wherein the metallic portions and composite portions (see col. 8, line
63) are extruded, single-piece structures (It is unclear if the metal part is extruded. However, this is considered a product by process limitation that carries little patentable weight in an apparatus claim. The metallic portion contains all of the positively recited structural limitations and is therefore deemed to anticipate the product by process limitation).
In regard to claim 3, wherein the metallic portions, with internal slots, are composed of
metal material (see col. 10, lines 21-25 where is states any element except the foam cores can be made from metal).
In regard to claim 4, wherein the composite portions comprise non-metallic material (see
col. 10, lines 8-14, where it states that the trough shaped duct 100 can be fabricated from an expanded foam liner having an additional plastic layer and col. 10, lines 40-43, where it states that “plastic” can be construed as a composite).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Franks, Kronauer, Glatz, Vogel and Morton disclose similar conduits that are common and well known in the art.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID E. BOCHNA whose telephone number is (571)272-7078. The examiner can normally be reached Monday-Friday 8:00-5:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Matthew Troutman can be reached at (571) 270-3654. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DAVID BOCHNA/Primary Examiner, Art Unit 3679