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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 3/25/26 has been entered.
Note: while the RCE was filed 11/25/25, the claims were found to be non-responsive and therefore those claims were not entered.
Claim Status
Claims 19-24 are pending. Examiner acknowledges the cancelation of claims 1-18 and new claims 19-24.
Response to Arguments
Applicant’s arguments with respect to claim(s) 19-24 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Objections
Claim 19 is objected to because of the following informalities:
Line 16 – replace “one TIC” with --the TIC--.
Line 16 – replace “the second” with --a second--.
Correction is required.
Claim 20 is objected to because of the following informalities: Line 3 – add --conduit-- after “outer metal”.
Correction is required.
Claim 21 is objected to because of the following informalities:
Line 2 – add --end-- after “to the second”.
Line 5 – add --the second end of-- before “the inner sleeve”.
Correction is required.
Claim 22 is objected to because of the following informalities: Line 5 – add --of the outer metal conduit-- after “second end” at the end of claim 22.
Correction is required.
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.
Claim 20 is rejected under 35 U.S.C. 112(b) 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.
Claim 20 recites “wherein the shoulder of the first end cap defines a gland for housing a second sealing member that is configured to provide a fluid tight seal between the first end of the outer metal when it abuts the first end cap.” It is not clear what elements define the fluid tight seal as claim 20 recites that the fluid tight seal is configured to be provided between the outer metal conduit (Examiner is interpreting that claim 20 means to recite the outer metal conduit) but does not define what the other element is with regard to the “between” clause. Also, what is “it” that abuts the first end cap? Is Applicant reciting the inter-conduit sealing member, the outer metal conduit or another element? As it is not clear what Applicant is claiming, as best understood, Examiner is interpreting that claim 20 is reciting that as long as the shoulder of the first end cap is capable of defining a gland that can house a sealing member, this claim limitation has been met.
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) 19-22 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Taylor et al U.S. Patent No. 3,479,059.
With regard to claim 19, and as shown in Figures 1 and 2, Taylor et al disclose a thermally-insulated conduit (TIC) comprising:
an outer metal conduit (at 10) having a first end, an opposite second end, and an inner surface;
an inner sleeve (at 16) positioned within the outer metal conduit (as shown in Fig 1) and defining a central bore, wherein an outer surface of the inner sleeve is spaced apart from the inner surface of the outer metal conduit to define an annular gap (gap as shown in Fig 1) therebetween;
a first end cap (at 20) operatively coupled to a first end of the inner sleeve, the first end cap defining a shoulder (at 48 as shown in Fig 2) that abuts the inner surface of the outer metal conduit at the first end (as shown in Fig 1), wherein the first end cap further defines an end face (at 38 as shown in Fig 2) configured to house at least a portion of an inter-conduit sealing member (at 42); and
a second end cap operatively coupled to a second end of the inner sleeve, the second end cap being configured to operatively couple with the second end of the outer metal conduit (column 2, lines 18-24 where each end of the conduit section has the same configuration);
wherein the TIC is releasably connectable to a further TIC by a conduit connector (at 14) such that when connected, the inter-conduit sealing member (at 42) is compressed between the end face of the first end cap of one TIC and the second end cap of the further TIC (as shown in Fig 1).
As best understood by Examiner, with regard to claim 20, Taylor et al disclose wherein the shoulder (at 48) of the first end cap defines a gland (at 24) for housing a second sealing member (at 44) that is configured to provide a fluid tight seal between the first end of the outer metal when it abuts the first end cap.
With regard to claim 21, Taylor et al disclose wherein the second end cap (at 22 - column 2, lines 18-24 as each end of the conduit section has the same configuration utilizing the conduit section on the right hand side of Fig 1 as a representative second end cap) defines an inner surface (as shown below) that is at least partially operatively connected to the second of the inner sleeve, and wherein the inner surface of the second end cap defines one or more glands, the one or more glands each for housing a third sealing member that is configured provide a fluid tight seal between the inner surface of the second end cap and the inner sleeve.
PNG
media_image1.png
324
326
media_image1.png
Greyscale
With regard to claim 22, Taylor et al disclose wherein the second end cap (at 22 - column 2, lines 18-24 as each end of the conduit section has the same configuration utilizing the conduit section on the right hand side of Fig 1 as a representative second end cap) defines an outer surface that is at least partially operatively connected to the second end of the outer metal conduit, and wherein the outer surface (as shown below) of the second end cap defines one or more glands, the one or more glands each for housing a fourth sealing member that is configured to provide a fluid tight seal between the outer surface of the second end cap and the second end.
PNG
media_image2.png
324
326
media_image2.png
Greyscale
Claim(s) 19 and 23 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Stephenson U.S. Patent No. 4,635,967.
With regard to claim 19, Stephenson discloses a thermally-insulated conduit (TIC) comprising:
an outer metal conduit (at 12) having a first end, an opposite second end, and an inner surface;
an inner sleeve (at 14) positioned within the outer metal conduit and defining a central bore, wherein an outer surface of the inner sleeve is spaced apart from the inner surface of the outer metal conduit to define an annular gap (at 16) therebetween;
a first end cap (at 21, 20) operatively coupled to a first end of the inner sleeve (via 21), the first end cap defining a shoulder (as shown below) that abuts the inner surface of the outer metal conduit at the first end, wherein the first end cap further defines an end face (as shown below) configured to house at least a portion of an inter-conduit sealing member (at 36, 32); and
a second end cap (column 2, lines 10-12 and 64-67 where each end of the conduit section has the same configuration) operatively coupled to a second end of the inner sleeve, the second end cap being configured to operatively couple with the second end of the outer metal conduit;
wherein the TIC is releasably connectable to a further TIC by a conduit connector (at 38) such that when connected, the inter-conduit sealing member (at 36, 32) is compressed between the end face of the first end cap of one TIC and the second end cap of the further TIC (as shown in Fig 1).
PNG
media_image3.png
274
312
media_image3.png
Greyscale
With regard to claim 23, Stephenson discloses wherein the annular gap (at 16) is filled with a thermal-insulation material (TIM) (column 3, lines 23-24).
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.
Claim(s) 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Stephenson.
With regard to claim 24, Stephenson discloses wherein the annular gap (at 16) is filled with a thermal-insulation material but does not expressly disclose that the TIM is an aerogel, calcium silicate, a cotton wool, a cotton wool insulation, a felt insulation, a fiberglass, a formed plastic, a polystyrene, a sheep wool, a silica gel, a styrofoam, a urethane foam, a wool felt or any combinations thereof. However, Stephenson does teach that the appropriate insulating material is determined by the use, the annular volume and the extremes of temperature that the TIM would be exposed to (column 3, lines 25-28).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the TIM be an aerogel, calcium silicate, a cotton wool, a cotton wool insulation, a felt insulation, a fiberglass, a formed plastic, a polystyrene, a sheep wool, a silica gel, a styrofoam, a urethane foam, a wool felt or any combinations thereof with a reasonable expectation of success as Stephenson teaches that the appropriate insulating material is determined by the use, the annular volume and the extremes of temperature that the TIM would be exposed to and because it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Conclusion
The prior art made of record and not relied upon are other examples of TICs with an outer metal conduit, an inner sleeve and an end cap.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FANNIE KEE whose telephone number is (571)272-1820. The examiner can normally be reached 8am-5pm.
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.
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.
/F.K./Examiner, Art Unit 3679
/Matthew Troutman/Supervisory Patent Examiner, Art Unit 3679
Prosecution Insights