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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the additional protective device recited in claims 3 and 12 and the pair of symmetrical parts being anchored to the packing of the pumping unit recited in claims 9, 10, and 16 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claims 1-20 are objected to because of the following informalities:
Regarding claims 1, 10, and 16-20, “the polished rod and packing” should read --a polished rod and packing-- for proper antecedent basis.
Regarding claims 2-9 and 11-15, “The protective device for the polished rod of” should read --The protective device for a polished rod and packing of a pump unit-- to maintain consistent preambles throughout the claims.
Regarding claims 2, 11, and 17, “said protective device having a length from” should read --the length of said protective device is from-- as a length of the protective device has previously been claimed in claims 1, 10, and 16.
Regarding claims 3 and 12, “comprising another protective device having another pair of symmetrical parts” should read --comprising another pair of symmetrical parts-- as a protective device has already been claimed and claiming that one device comprises two devices is confusing.
Regarding claims 9-10, “symmetrical parts anchored” should read --symmetrical parts are anchored--.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 9-20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Claims 9, 10 recite “said pair of symmetrical parts anchored to the packing of the pumping unit” and claim 16 recites “anchoring said pair of symmetrical parts to the packing of the pumping unit”, but Applicant’s specification fails to describe how the anchoring occurs. How are the pair of symmetrical parts anchored to the packing of the pumping unit? Paragraph 0024 of Applicant’s specification seems to suggest that a hose clamp is used to anchor the pair of symmetrical parts to the packing of the pumping unit, but it is unclear to examiner how this anchoring is performed as Applicant's drawings only show the hose clamp being connected to the pair of symmetrical parts to anchor the protective device to the polished rod. Is the hose clamp used to anchor the pair of symmetrical parts to the packing of the pumping unit? If so, how does this occur? If not, how are the pair of symmetrical parts to anchor the protective device to the polished rod?
Claims 11-15 and 17-20 are rejected as being dependent on a rejected claim.
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, 13, and 18-20 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.
The terms “smooth” and “uniform” in claims 4, 13, and 18 are relative terms which renders the claims indefinite. The terms “smooth” and “uniform” are not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. It is unclear to examiner what constitutes an outer surface as being smooth as Applicant has not provided any definition of what smooth is, and examiner finds that nothing can be completely smooth (i.e. have no surface roughness whatsoever). It is also unclear to examiner what the term “uniform” means. Does uniform mean that the shape is unchanging, or that the surface is continuous, or does it mean something else? For the sake of compact prosecution and for use in this office action, examiner is interpreting “a smooth and uniform outer surface” to be --a substantially smooth and continuous outer surface--.
Claims 19-20 are rejected as being dependent on a rejected claim.
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, 5-6, 9, 10, 13, and 15-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jiang (CN207776836U), attached as a PDF.
Regarding claim 1, Jiang discloses a protective device for the polished rod and packing of a pump unit (0027-0028 where "polished rod" corresponds to polished rod of a pump unit and "packing box" corresponds to packing of a pump unit), the protective device comprising: a pair of symmetrical parts (Fig. 1 elements 2) selectively joined together to form a cylindrical body (Fig. 1, 0027, where the parts being symmetrical, each part forming a semicircular plate, and the semicircular (i.e. curved) plates being movable relative to each other means that the symmetrical parts are capable of being selectively joined together to form a cylindrical body) and a central circular cavity extending along a length of said protective device from a top end to a bottom end (Fig. 1, 0027, where the semicircular plates not having a top or bottom plate extending horizontally in the direction which the semicircular plates are joined together means when the semicircular plates are joined together a central circular cavity extending along a length (i.e. along the longitudinal direction of the semicircular plates) of said protective device from a top end (see annotated Fig. 2 below) to a bottom end (see annotated Fig. 2 below)); wherein each one of said pair of symmetrical parts defining a semicircular cavity that when selectively joined together form said central circular cavity (see annotated Fig. 1 below, where the central circular cavity is formed when each of said pair of symmetrical parts are selectively joined together); wherein a first one of said pair of symmetrical parts having a first flat terminal edge and a second flat terminal edge (see annotated Fig. 2 below), and a second one of said pair of symmetrical parts having a first flat terminal edge and a second flat terminal edge (see annotated Fig. 2 below where since the parts are symmetrical parts, the second one of said pair of symmetrical parts also has a first and second flat terminal edge); wherein respective said first flat terminal edges and said second flat terminal edges of corresponding said pair of symmetrical parts proximally aligned together when said pair of symmetrical parts are selectively joined together (Fig. 1, 0027, since both parts are symmetrical, the first and second terminal edges will be proximally aligned together when said pair of symmetrical parts are selectively brought together); and further wherein said pair of symmetrical parts having a material comprising a sandstone (0032, where sandstone is used) for grinding against an exterior surface of the polished rod passing therethrough during the pumping of the pump unit (0027, where "the outside of the polished rod" corresponds to an exterior surface of the polished rod).
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Regarding claim 5, Jiang discloses the limitations of claim 1, as described above, and further discloses an adjustable tensioning fastener (Fig 4 element 3) for said selectively joining together of said pair of symmetrical parts (0027, where the adjustable tensioning fastener is capable of selectively joining together said pair of symmetrical parts).
Regarding claim 6, Jiang discloses the limitations of claim 5, as described above, and further discloses said selectively joining of said pair of symmetrical parts having a selective tension between each of said pair of symmetrical parts (0027, where the selective extension each symmetrical part means that there is a selective tension between each of said pair of symmetrical parts because the tension can be adjusted).
Regarding claim 9, Jiang discloses the limitations of claim 6, as described above, and further discloses said pair of symmetrical parts anchored to the packing of the pumping unit (0028, where the pair of symmetrical parts are anchored to the packing of the pumping unit through the outer casing (1)).
Regarding claim 10, Jiang discloses a protective device for the polished rod and packing of a pump unit (0027-0028 where "polished rod" corresponds to polished rod of a pump unit and "packing box" corresponds to packing of a pump unit), the protective device comprising: a pair of symmetrical parts (Fig. 1 elements 2) selectively joined together to form a cylindrical body (Fig. 1, 0027, where the parts being symmetrical, each part forming a semicircular plate, and the semicircular (i.e. curved) plates being movable relative to each other means that the symmetrical parts are capable of being selectively joined together to form a cylindrical body), a central circular cavity extending along a length of said protective device from a top end to a bottom end (Fig. 1, 0027, where the semicircular plates not having a top or bottom plate extending horizontally in the direction which the semicircular plates are joined together means when the semicircular plates are joined together a central circular cavity extending along a length (i.e. along the longitudinal direction of the semicircular plates) of said protective device from a top end (see annotated Fig. 2 above) to a bottom end (see annotated Fig. 2 above)), and an adjustable tensioning fastener (Fig 4 element 3) for said selectively joining together of said pair of symmetrical parts (0027, where the adjustable tensioning fastener is capable of selectively joining together said pair of symmetrical parts); wherein each one of said pair of symmetrical parts defining a semicircular cavity that when selectively joined together form said central circular cavity (see annotated Fig. 1 above, where the central circular cavity is formed when each of said pair of symmetrical parts are selectively joined together); wherein a first one of said pair of symmetrical parts having a first flat terminal edge and a second flat terminal edge (see annotated Fig. 2 above), and a second one of said pair of symmetrical parts having a first flat terminal edge and a second flat terminal edge (see annotated Fig. 2 above where since the parts are symmetrical parts, the second one of said pair of symmetrical parts also has a first and second flat terminal edge); wherein respective said first flat terminal edges and said second flat terminal edges of corresponding said pair of symmetrical parts proximally aligned together when said pair of symmetrical parts are selectively joined together (Fig. 1, 0027, since both parts are symmetrical, the first and second terminal edges will be proximally aligned together when said pair of symmetrical parts are selectively brought together); wherein said pair of symmetrical parts having a material comprising a sandstone (0032, where sandstone is used) for grinding against an exterior surface of the polished rod passing therethrough during the pumping of the pump unit (0027, where "the outside of the polished rod" corresponds to an exterior surface of the polished rod); wherein said selectively joining of said pair of symmetrical parts having a selective tension between each of said pair of symmetrical parts (0027, where the selective extension each symmetrical part means that there is a selective tension between each of said pair of symmetrical parts because the tension can be adjusted); and further wherein said pair of symmetrical parts anchored to the packing of the pumping unit (0028, where the pair of symmetrical parts are anchored to the packing of the pumping unit through the outer casing (1)).
Regarding claim 13, Jiang discloses the limitations of claim 10, as described above, and further discloses said pair of symmetrical parts each having a smooth and uniform outer surface (Fig. 4 element 12 corresponds to outer surface, 0027, where "the connecting head 12 is smooth" corresponds to the outer surface being smooth and Figs. 1 and 4 show the outer surface as being a continuous surface).
Regarding claim 15, Jiang discloses the limitations of claim 10, as described above, and further discloses respective said first flat terminal edges and said second flat terminal edges of corresponding said pair of symmetrical parts adhered together when said pair of symmetrical parts are selectively joined together (0027, when the pair of symmetrical parts are joined together by the hose clamp the first and second terminal edges of each symmetrical part will abut and be adhered (i.e. held in place) by the hose clamp).
Regarding claim 16, Jiang discloses a method of filing the polished rod and packing of a pump unit (0027-0028 where "polished rod" corresponds to polished rod of a pump unit and "packing box" corresponds to packing of a pump unit), the method comprising the steps of: providing a protective device (Fig. 1 elements 2 and 3) having a pair of symmetrical parts (Fig. 1 elements 2) selectively joined together to form a cylindrical body (Fig. 1, 0027, where the parts being symmetrical, each part forming a semicircular plate, and the semicircular (i.e. curved) plates being movable relative to each other means that the symmetrical parts are capable of being selectively joined together to form a cylindrical body), a central circular cavity extending along a length of said protective device from a top end to a bottom end (Fig. 1, 0027, where the semicircular plates not having a top or bottom plate extending horizontally in the direction which the semicircular plates are joined together means when the semicircular plates are joined together a central circular cavity extending along a length (i.e. along the longitudinal direction of the semicircular plates) of said protective device from a top end (see annotated Fig. 2 above) to a bottom end (see annotated Fig. 2 above)), and an adjustable tensioning fastener (Fig 4 element 3) for said selectively joining together of said pair of symmetrical parts (0027, where the adjustable tensioning fastener brings together said pair of symmetrical parts), wherein said pair of symmetrical parts having a material comprising a sandstone (0032, where sandstone is used) for grinding against an exterior surface of the polished rod passing therethrough during the pumping of the pump unit (0027, where "the outside of the polished rod" corresponds to an exterior surface of the polished rod); defining a semicircular cavity with each one of said pair of symmetrical parts (see annotated Fig. 1 above, where the central circular cavity is formed when each of said pair of symmetrical parts are selectively joined together), wherein a first one of said pair of symmetrical parts having a first flat terminal edge and a second flat terminal edge (see annotated Fig. 2 above), and a second one of said pair of symmetrical parts having a first flat terminal edge and a second flat terminal edge (see annotated Fig. 2 above where since the parts are symmetrical parts, the second one of said pair of symmetrical parts also has a first and second flat terminal edge); selectively joining together said pair of symmetrical parts for defining said central circular cavity (Fig. 1, 0027, where the central circular cavity is defined when the pair of symmetrical parts are selectively joined together); selectively tensioning said pair of symmetrical parts together (0027); and anchoring said pair of symmetrical parts to the packing of the pumping unit (0028, where the pair of symmetrical parts are anchored to the packing of the pumping unit through the outer casing (1)). Examiner notes that claim 16 is essentially the method of using the apparatus of claim 10, which is also anticipated by Jiang, and pursuant MPEP 2112.02-I, examiner finds that the apparatus of claim 10 (i.e. the prior art device of Jiang) “in its normal and usual operation, would necessarily perform the method claimed” and is therefore “considered to be anticipated by the prior art device”.
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 2-4, 11, and 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over Jiang (CN207776836U), attached as a PDF, as evidenced by Yang (CN204283348U), attached as a PDF.
Regarding claim 2, Jiang discloses the limitations of claim 1, as described above, but fails to disclose said protective device having a length from six inches to thirty-six inches for positioning around a portion of the polished rod. Pursuant MPEP 2144.04-IV-A, it 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 to modify the protective device of Jiang with regards to dimension or desired size (in this case, length of the protective device) in adapting the tool for a particular application, since such modification would have involved a mere change in the size of a component, and a change in size is generally recognized as being within the level of one of ordinary skill in the art. Examiner notes that one of ordinary skill in the art would be motivated to modify the size of the protective device because modifying the size of a protective device to match the size of the polished rod is known, as evidenced by Yang (0028, where "scraper block" corresponds to the protective device). Examiner further notes that Applicant does not provide criticality for the claimed length as paragraph 0022 of Applicant’s specification says that the length “can” be from “about six inches to about thirty-six inches” which means that other values beyond the claimed range are possible, which is further evidenced by paragraph 0029 of Applicant’s specification which states “Although the dimensions of the polished rod and packing protective device 100 are important design parameters for user convenience, the polished rod and packing protective device 100 may be of any size that ensures optimal performance during use and/or that suits the user’s needs and/or preferences”.
Regarding claim 3, Jiang, as modified, discloses the limitations of claim 2, as described above, but fails to disclose another protective device having another pair of symmetrical parts including a material of sandstone, wherein said protective device and said another protective device mounted adjacent to one another for grinding against the exterior surface of the polished rod passing therethrough during the pumping of the pump unit. Examiner finds that to meet this limitation, only a second protective device is required as both protective devices would then be capable of being mounted adjacent to one another for grinding against the exterior surface of the polished rod passing therethrough during the pumping of the pump unit. Pursuant of MPEP 2144.04-VI-B, it 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 to modify the protective device of Jiang, as modified, to include a second protective device, in order to increase the amount of abrasive action which the protective device of Jiang, as modified, can provide, since it has been held that mere duplication of essential working parts of a device involve only routine skill in the art. Examiner notes that Applicant does not provide criticality for providing a second protective device as a second protective device is not even discussed in Applicant’s specification.
Regarding claim 4, Jiang, as modified, discloses the limitations of claim 3, as described above, and further discloses said pair of symmetrical parts each having a substantially smooth and continuous outer surface (Fig. 4 element 12 corresponds to outer surface, 0027, where "the connecting head 12 is smooth" corresponds to the outer surface being smooth and Figs. 1 and 4 show the outer surface as being a continuous surface).
Regarding claim 11, Jiang discloses the limitations of claim 10, as described above, but fails to disclose said protective device having a length from six inches to thirty-six inches for positioning around a portion of the polished rod. Pursuant MPEP 2144.04-IV-A, it 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 to modify the protective device of Jiang with regards to dimension or desired size (in this case, length of the protective device) in adapting the tool for a particular application, since such modification would have involved a mere change in the size of a component, and a change in size is generally recognized as being within the level of one of ordinary skill in the art. Examiner notes that one of ordinary skill in the art would be motivated to modify the size of the protective device because modifying the size of a protective device to match the size of the polished rod is known, as evidenced by Yang (0028, where "scraper block" corresponds to the protective device). Examiner further notes that Applicant does not provide criticality for the claimed length as paragraph 0022 of Applicant’s specification says that the length “can” be from “about six inches to about thirty-six inches” which means that other values beyond the claimed range are possible, which is further evidenced by paragraph 0029 of Applicant’s specification which states “Although the dimensions of the polished rod and packing protective device 100 are important design parameters for user convenience, the polished rod and packing protective device 100 may be of any size that ensures optimal performance during use and/or that suits the user’s needs and/or preferences”.
Regarding claim 17, Jiang discloses the limitations of claim 16, as described above, but fails to disclose said protective device having a length from six inches to thirty-six inches for positioning around a portion of the polished rod. Pursuant MPEP 2144.04-IV-A, it 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 to modify the protective device of Jiang with regards to dimension or desired size (in this case, length of the protective device) in adapting the tool for a particular application, since such modification would have involved a mere change in the size of a component, and a change in size is generally recognized as being within the level of one of ordinary skill in the art. Examiner notes that one of ordinary skill in the art would be motivated to modify the size of the protective device because modifying the size of a protective device to match the size of the polished rod is known, as evidenced by Yang (0028, where "scraper block" corresponds to the protective device). Examiner further notes that Applicant does not provide criticality for the claimed length as paragraph 0022 of Applicant’s specification says that the length “can” be from “about six inches to about thirty-six inches” which means that other values beyond the claimed range are possible, which is further evidenced by paragraph 0029 of Applicant’s specification which states “Although the dimensions of the polished rod and packing protective device 100 are important design parameters for user convenience, the polished rod and packing protective device 100 may be of any size that ensures optimal performance during use and/or that suits the user’s needs and/or preferences”.
Regarding claim 18, Jiang, as modified, discloses the limitations of claim 17, as described above, and further discloses said pair of symmetrical parts each having a substantially smooth and continuous outer surface (Fig. 4 element 12 corresponds to outer surface, 0027, where "the connecting head 12 is smooth" corresponds to the outer surface being smooth and Figs. 1 and 4 show the outer surface as being a continuous surface).
Claims 7-8, and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Jiang (CN207776836U), attached as a PDF, in view of Hordvik (SE509253C2), attached as a PDF.
Regarding claim 7, Jiang discloses the limitations of claim 6, as described above, but fails to disclose said adjustable tensioning fastener is a hose clamp.
Hordvik is also concerned with solving the problem of joining two semi-circular elements together and teaches said adjustable tensioning fastener is a hose clamp (Fig. 1 element 4, 0016-0017, where a single strap is used as described in 0017). Pursuant of MPEP 2144.06-II, it has been held obvious to substitute equivalents for the same purpose. Jiang discloses the invention except that the adjustable tensioning fastener is a handle using a screw action instead of a hose clamp. Hordvik shows that a hose clamp is an equivalent structure known in the art (i.e. both structures are used to selectively hold two semi-circular pipe sections together and both are capable of adjusting tension once the two semi-circular pipe sections are brought together). Therefore, because these two adjustable tensioning fastener types were art-recognized equivalents at the time the invention was made, one of ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to substitute hose clamp for a handle using a screw action.
Regarding claim 8, Jiang discloses the limitations of claim 7, as described above, and further discloses respective said first flat terminal edges and said second flat terminal edges of corresponding said pair of symmetrical parts adhered together when said pair of symmetrical parts are selectively joined together (Jiang, 0027, when the pair of symmetrical parts are joined together by the hose clamp the first and second terminal edges of each symmetrical part will abut and be adhered (i.e. held in place) by the hose clamp).
Regarding claim 14, Jiang discloses the limitations of claim 10, as described above, but fails to disclose said adjustable tensioning fastener is a hose clamp.
Hordvik is also concerned with solving the problem of joining two semi-circular elements together and teaches said adjustable tensioning fastener is a hose clamp (Fig. 1 element 4, 0016-0017, where a single strap is used as described in 0017). Pursuant of MPEP 2144.06-II, it has been held obvious to substitute equivalents for the same purpose. Jiang discloses the invention except that the adjustable tensioning fastener is a handle using a screw action instead of a hose clamp. Hordvik shows that a hose clamp is an equivalent structure known in the art (i.e. both structures are used to selectively hold two semi-circular pipe sections together and both are capable of adjusting tension once the two semi-circular pipe sections are brought together). Therefore, because these two adjustable tensioning fastener types were art-recognized equivalents at the time the invention was made, one of ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to substitute hose clamp for a handle using a screw action.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Jiang (CN207776836U), attached as a PDF.
Regarding claim 12, Jiang discloses the limitations of claim 10, as described above, but fails to disclose another protective device having another pair of symmetrical parts including a material of sandstone, wherein said protective device and said another protective device mounted adjacent to one another for grinding against the exterior surface of the polished rod passing therethrough during the pumping of the pump unit. Examiner finds that to meet this limitation, only a second protective device is required as both protective devices would then be capable of being mounted adjacent to one another for grinding against the exterior surface of the polished rod passing therethrough during the pumping of the pump unit. Pursuant of MPEP 2144.04-VI-B, it 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 to modify the protective device of Jiang to include a second protective device, in order to increase the amount of abrasive action which the protective device of Jiang can provide, since it has been held that mere duplication of essential working parts of a device involve only routine skill in the art. Examiner notes that Applicant does not provide criticality for providing a second protective device as a second protective device is not even discussed in Applicant’s specification.
Claims 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Jiang (CN207776836U), attached as a PDF, as evidenced by Yang (CN204283348U), attached as a PDF, in view of Hordvik (SE509253C2), attached as a PDF.
Regarding claim 19, Jiang, as modified, discloses the limitations of claim 18, as described above, but fails to disclose said adjustable tensioning fastener is a hose clamp.
Hordvik is also concerned with solving the problem of joining two semi-circular elements together and teaches said adjustable tensioning fastener is a hose clamp (Fig. 1 element 4, 0016-0017, where a single strap is used as described in 0017). Pursuant of MPEP 2144.06-II, it has been held obvious to substitute equivalents for the same purpose. Jiang, as modified, discloses the invention except that the adjustable tensioning fastener is a handle using a screw action instead of a hose clamp. Hordvik shows that a hose clamp is an equivalent structure known in the art (i.e. both structures are used to selectively hold two semi-circular pipe sections together and both are capable of adjusting tension once the two semi-circular pipe sections are brought together). Therefore, because these two adjustable tensioning fastener types were art-recognized equivalents at the time the invention was made, one of ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to substitute hose clamp for a handle using a screw action.
Regarding claim 20, Jiang, as modified, discloses the limitations of claim 19, as described above, and further discloses respective said first flat terminal edges and said second flat terminal edges of corresponding said pair of symmetrical parts adhered together when said pair of symmetrical parts are selectively joined together (Jiang, 0027, when the pair of symmetrical parts are joined together by the hose clamp the first and second terminal edges of each symmetrical part will abut and be adhered (i.e. held in place) by the hose clamp).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CALEB A HOLIZNA whose telephone number is (571)272-5659. The examiner can normally be reached Monday - Friday 8:00-4:30.
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/C.A.H./Examiner, Art Unit 3723
/MONICA S CARTER/Supervisory Patent Examiner, Art Unit 3723