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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 4-9, 11-13 and 15-17 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 16 and 17 – the phrase “appears accordion-like” makes it is unclear if the shape is
actually that of an accordion, or accordion-like, or only appears to be accordion-like. Additionally, it is unclear as to what part of an accordion is being referenced. It is suggested changing “appears accordion-like” to “bellows shaped” or “bellow shaped” to clarify the shape and to be consistent with paragraph 40 of the specification and the shape shown in the drawings.
Claim 17, it is unclear why the first circumferential band is only accordion shaped when
the body is in the second length, as element 13 appears to be bellows shaped in both figs. 4 and 5. Clarification is needed.
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) 1-3 and 18-21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cato 4,069,535.
In regard to claim 1, Cato discloses a pipeline pigging element (figs. 1, 2) (11) comprising:
A non-metallic body (11) (see col. 2, line 39) adapted to expand and contract in an axial and radial direction in response to pipeline pressure, the non-metallic body being longitudinally extending and including a plurality of alternating adjacent first (13) and second (15) circumferential bands in an axial direction;
each first circumferential band (13) of the plurality having a first section modulus;
each second circumferential band (15) of the plurality having a second section
modulus different than that of the first section modulus (13 is thinner walled than the bands at 15 and bends more easily (see col. 3, lines 10-14);
wherein an exposed portion of the first circumferential band changes between a first length of the non-metallic body and has a second length of the non-metallic body different than that of the first length (see col. 2, lines 56-60).
In regard to claim 2, wherein the elastomeric body pigging element is a longitudinally extending elastomeric body (see col. 2, line 39).
In regard to claim 3, further comprising a hollow interior (17), the longitudinally extending non-metallic body defining and surrounding the hollow interior (see fig. 1).
In regard to claim 18, in an uninflated state of the non-metallic body, the second circumferential band 15 is wider in an axial direction than the first circumferential band 13 (see fig. 1).
In regard to claim 19, the second circumferential band 15 comprises a structural rib (see fig. 1).
In regard to claim 20, the first and second circumferential band are adapted to change ad different rates from one another in response to pipeline differential pressure (band 13 is thinner in the radial direction than 15 and would expand or contract at a different rate than the thinner wall portion at 13).
In regard to claim 21, the non-metallic body comprises urethane (see col. 2, line 39).
Allowable Subject Matter
Claims 4-9, 11-13, 15-16 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Claim 17 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant's arguments filed 6/11/26 have been fully considered but they are not persuasive.
Applicant argues that Cato does not change from a first length to a second length. The Examiner disagrees, as Cato discloses the pig element changing shape and becoming more narrow or elongated in order to fit through restricted areas. Therefore the rejection has been maintained.
Conclusion
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.
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 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
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