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 .
Specification
The use of the terms “QR code” and “Velcro™”, which are trade names or marks used in commerce, has been noted in this application. The terms should be accompanied by the generic terminology; furthermore the terms should be capitalized wherever it appears or, where appropriate, include a proper symbol indicating use in commerce such as ™, SM , or ® following the term.
Regarding the current application, the term “QR code™” is considered a tradename for the generic terminology “matrix barcode”. The term “Velcro™” is considered a tradename for the generic terminology “hook and loop fastener pads”.
Although the use of trade names and marks used in commerce (i.e., trademarks, service marks, certification marks, and collective marks) are permissible in patent applications, the proprietary nature of the marks should be respected and every effort made to prevent their use in any manner which might adversely affect their validity as commercial marks.
The disclosure is objected to because of the following informalities: the use of the term “QR code” throughout the disclosure should read “QR code™” or “matrix barcode”. Appropriate correction is required.
The disclosure is also objected to because of the following informalities: the term “SW” on page 4 line 20 should read “piping and instrumentation diagram (P&ID)”; the term “P&ID” on page 8 line 9 should read “piping and instrumentation diagram (P&ID)”. Appropriate correction is required.
Claim Objections
Claims 1 and 9 are objected to because of the following informalities: “the bottom cover” in line 11 should read “the bottom panel”. Appropriate correction is required.
Claim 2 is objected to because of the following informalities: “a second temperature sensor with a conductor from the second conductor from the second temperature sensor” should read “a second temperature sensor with a second conductor from the second temperature sensor”. Appropriate correction is required.
Claims 2, 8, 10, 16-17 and 20 are objected to because of the following informalities: “the back cover” should read “the back panel”. Appropriate correction is required.
Claim 17 is objected to because of the following informalities: “SW” should read “software”. Appropriate correction is required.
Claims 18-20 are objected to because of the following informalities: “The method of” should read “The heat exchanging or steam transfer system of”. Appropriate 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.
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 7, 15 and 18-19 are 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 7, 15 and 19 contain the trademark/trade name “QR code”. Where a trademark or trade name is used in a claim as a limitation to identify or describe a particular material or product, the claim does not comply with the requirements of 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph. See Ex parte Simpson, 218 USPQ 1020 (Bd. App. 1982). The claim scope is uncertain since the trademark or trade name cannot be used properly to identify any particular material or product. A trademark or trade name is used to identify a source of goods, and not the goods themselves. Thus, a trademark or trade name does not identify or describe the goods associated with the trademark or trade name. In the present case, the trademark/trade name is used to identify/describe a “matrix barcode” and, accordingly, the identification/description is indefinite. 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.
Regarding claim 18, the claim states “the identity tag displaying an identity code unique to the steam trap cover, and to the steam trap covered”. The phrase “and to the steam trap covered” is unclear as to what is covering the steam trap, and appears to be erroneously included in the claim. For the purpose of examination, this phrase of the claim is regarded as “the identity tag displaying an identity code unique to the steam trap cover
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) 1 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Thermaxx (https://web.archive.org/web/20160508065554/http://www.thermaxxjackets.com/products/smart-insulation-jackets/) in view of Thayer (US20110264399A1).
Please note that by opening the noted hyperlink in a browser, the top right margin will display a Wayback Machine capture or public availability date of 05/08/2016.
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Regarding claim 1, Thermaxx teaches
a steam trap cover (“Wireless Steam Trap Monitoring Insulation Jackets”), comprising: a front panel, a back panel, a top panel, and a first and a second end panel joined together along panel edges forming a substantially rectangular enclosure (rectangular enclosure shown on fig. 1 and annotated fig. 2 of Thermaxx reproduced below) open at the bottom, and a bottom panel joined along one lower edge of the front or the back panel, such that the bottom panel may be opened or closed (removable bottom panel of Insulation Jacket shown on annotated fig. 2 reproduced below), the first and second end panels each having a circular opening (as shown on figs. 1 and 2 reproduced below, end panels accommodate circular pipes on either side of the end panels)
Thermaxx does not teach
a slit from a bottom edge of the end panel into the circular opening;
characterized in that with the bottom panel open and the slits in the end panels separated the cover is adapted to be placed over a steam trap having an inlet and an exit pipe until the entrance and the exit pipe are enclosed in the circular openings, after which closing the bottom cover completely encloses the steam trap
Thayer teaches
a slit from a bottom edge of the end panel into the circular opening (U-shaped cutouts 14 and 16 to accommodate pipe sections extend all the way to the edge of insulation jacket 10);
Thermaxx teaches a circular opening to accommodate circular pipes on either end of the steam trap insulation jacket, however does not explicitly show slits to allow the jacket to be placed over the steam trap. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to apply a slit from the circular openings of Thermaxx to an edge of the end panel in order to allow for installation of the insulation jacket without disassembly of the steam trap.
Thermaxx, as modified by Thayer, teaches a slit from the circular openings of Thermaxx to an edge of the end panel, however does not explicitly teach the a slit from the circular openings to a bottom edge of the end panel. However, it would have been obvious to one of ordinary skill in the art at the time the invention was made to arrange the slit of Thermaxx, as modified, as claimed, since it has been held that the rearrangement of parts is an obvious matter of design choice when no criticality of the arrangement is provided. In the instant case, the location of the slit would effectively perform the same function whether it was located from the circular openings to a bottom edge or any other edge (In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950); wherein the claims to a hydraulic power press which read on the prior art except with regard to the position of the starting switch were held unpatentable because shifting the position of the starting switch would not have modified the operation of the device).
Thus, the combination teaches
characterized in that with the bottom panel open and the slits in the end panels separated the cover is adapted to be placed over a steam trap having an inlet and an exit pipe until the entrance and the exit pipe are enclosed in the circular openings, after which closing the bottom cover completely encloses the steam trap (in this configuration, the cover of Thermaxx, as modified, is adapted to be placed over the steam trap as shown in figs. 1 and 2 comprising an inlet and an exit pipe, wherein after the installation the steam trap is completely enclosed)
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Fig. 1 and annotated Fig. 2 of Thermaxx
Regarding claim 9, claim 9 is rejected over Thermaxx in view of Thayer by the same or substantially the same rationale as applied to claim 1 above.
Claim(s) 2-5, 10-13 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Thermaxx (https://web.archive.org/web/20160508065554/http://www.thermaxxjackets.com/products/smart-insulation-jackets/) in view of Thayer (US20110264399A1), in further view of Welch (WO2022263022A1) and Rickards (US20040103949A1).
Regarding claim 2, Thermaxx, as modified, teaches the steam trap cover of claim 1 further comprising
a first temperature sensor with a first conductor, a second temperature sensor with a conductor from the second conductor from the second temperature sensor (p. 3 table 2, “Outgoing Temp” and “Incoming Temp” values correspond to a sensing at each location; sensors disclosed a s “Thermocouple” on p. 4 line 15, thus comprising conductors to measure the temperature) , the first and second conductors leading to a wireless transmitter (“The SmartSensor [Node] measures component temperatures within insulation, along with surface and ambient temperatures. This information is wirelessly transmitted via the SmartSensor Gateway to the cloud” p. 4 lines 5-7)
Thermaxx does not teach
a first pipe clip carrying a first temperature sensor with a first conductor from the first temperature sensor and a second pipe clip carrying a second temperature sensor with a conductor from the second conductor from the second temperature sensor
a wireless transmitter in a transmitter pocket affixed to a surface of the back cover
Welch teaches
a first pipe clip carrying a first temperature sensor with a first conductor from the first temperature sensor and a second pipe clip carrying a second temperature sensor with a conductor from the second conductor from the second temperature sensor (“The temperature sensing device 11 is mounted to the pipe 10 by a metal clip 13”) [p. 19 lines 4-5]
Thermaxx teaches a first temperature sensor and a second temperature sensor to monitor the temperature of the pipe at the inlet side and outlet side of the steam trap (see p. 3 table 2, “Outgoing Temp” and “Incoming Temp” values), however does not teach the specific mounting structure of the sensors. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the clip arrangement of Welch to Thermaxx, as modified, in order to effectively mount the temperature sensors to the pipes while maintaining a low profile to prevent excessive protrusion into the insulating jacket.
Rickards teaches
a transmitter pocket affixed to a surface of the back cover (“The sleeve may also utilize a pocket 62 positioned on the sleeve 22 for storing tools or other materials on the sleeve 22. A pocket 62 is shown sewn onto the sleeve 22 in FIG. 4. Alternatively, Velcro straps or other ties or lashes (not shown) may be utilized for holding tools or other materials on the sleeve 22 in a conventional manner”) [0043]
As shown on figs. 1 and 2 of Thermaxx, the wireless transmitter is fixed to the insulation jacket by a strap. However, in [0043], Rickards discloses a pocket as an obvious variant of a strap. Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to apply a pocket to the insulation jacket of Thermaxx to store the transmitter as taught in Rickards, to provide a protective casing to the transmitter to prevent accidentally damage while in use.
Thermaxx, as modified by Rickards, teaches a pocket affixed to the steam trap cover, however does not explicitly teach the pocket as affixed to a surface of the back cover. However, it would have been obvious to one of ordinary skill in the art at the time the invention was made to arrange the pocket of Thermaxx, as modified, as claimed, since it has been held that the rearrangement of parts is an obvious matter of design choice when no criticality of the arrangement is provided. In the instant case, the location of the pocket would effectively perform the same function whether it was located on the back panel or any other panel (In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950); wherein the claims to a hydraulic power press which read on the prior art except with regard to the position of the starting switch were held unpatentable because shifting the position of the starting switch would not have modified the operation of the device).
Regarding claim 3, Thermaxx, as modified, does not teach the steam trap cover of claim 2 further comprising
a power supply providing electrical power to the wireless transmitter
Thayer teaches
a power supply providing electrical power to the wireless transmitter (“The optional power supply 104 may be configured to allow the smart jacket system 120 to run on 120 V AC, 12 VDC, or internal LION power supply. In another embodiment, the smart jacket system 120 may include a bank of thermoelectric generators (TEGs) 212 that are capable of converting the heat energy radiated by the pipe directly into electrical energy”) [0034]; “Generated electrical energy can be used to directly power the smart jacket electronics” [0029])
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the internal power system of Thayer to Thermaxx, as modified, in order to allot he insulation cover to be used at any location, regardless of whether it is located in proximity to an outside power source.
Regarding claim 4, Thermaxx, as modified, teaches the steam trap cover of claim 3
wherein the power supply comprises a thermoelectric generator integrated with the top panel, the thermo-electric generator coupled to a cold heat sink outside the top panel and a hot heat sink inside the steam trap cover below the top panel (“the smart jacket system 120 may include a bank of thermoelectric generators (TEGs) 212 that are capable of converting the heat energy radiated by the pipe directly into electrical energy. This is possible due to the “Seebeck” or thermoelectric effect. This effect makes it possible to directly convert heat energy into electrical electricity” [0034 of Thayer]; Seebeck effect requires temperature difference between two conductors to create the voltage difference, thus must rely on warmer temperature within insulated jacket and cooler temperature outside insulated jacket
Thermaxx, as modified, teaches a thermoelectric generator coupled to a cold heat sink outside and a hot heat sink inside the steam trap cover, however does not explicitly teach the thermoelectric generator as integrated with the top panel. However, it would have been obvious to one of ordinary skill in the art at the time the invention was made to arrange the thermoelectric generators (TEGs) 212 of Thayer as applied to Thermaxx as claimed, since it has been held that the rearrangement of parts is an obvious matter of design choice when no criticality of the arrangement is provided. In the instant case, the location of the thermoelectric generators would effectively perform the same function whether it was located on the top panel or any other panel (In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950); wherein the claims to a hydraulic power press which read on the prior art except with regard to the position of the starting switch were held unpatentable because shifting the position of the starting switch would not have modified the operation of the device).
Regarding claim 5, Thermaxx, as modified, teaches the steam trap cover of claim 4 further comprising
a closure panel joined to one upper edge of the transmitter pocket adapted to close a top opening of the transmitter pocket (as shown on fig. 4 of Rickards, pocket 62 comprises a closure panel to close a top opening of the pocket)
Regarding claim 10, claim 10 is rejected over Thermaxx in view of Thayer, Welch and Rickards by the same or substantially the same rationale as applied to claim 2 above.
Regarding claim 11, claim 11 is rejected over Thermaxx in view of Thayer, Welch and Rickards by the same or substantially the same rationale as applied to claim 3 above.
Regarding claim 12, claim 12 is rejected over Thermaxx in view of Thayer, Welch and Rickards by the same or substantially the same rationale as applied to claim 4 above.
Regarding claim 13, claim 13 is rejected over Thermaxx in view of Thayer, Welch and Rickards by the same or substantially the same rationale as applied to claim 5 above.
Regarding claim 17, Thermaxx teaches
a plurality of removable steam trap covers (“Wireless Steam Trap Monitoring Insulation Jackets”) [p. 1 line 2] each having a front panel, a back panel, a top panel, a bottom panel and a first and a second end panel joined together along panel edges forming an enclosure (enclosure shown on fig. 1 and annotated fig. 2 of Thermaxx reproduced above), the steam trap covers each further comprising a first temperature sensor with a first conductor from the first temperature sensor and a second temperature sensor with a second conductor from the second temperature sensor (p. 3 table 2, “Outgoing Temp” and “Incoming Temp” values correspond to a sensing at each location; sensors disclosed a s “Thermocouple” on p. 4 line 15, thus comprising conductors to measure the temperature), the first and second conductors leading to a wireless transmitter (“The SmartSensor [Node] measures component temperatures within insulation, along with surface and ambient temperatures. This information is wirelessly transmitted via the SmartSensor Gateway to the cloud” p. 4 lines 5-7), the steam trap covers enclosing individual ones of the plurality of steam traps (as shown on figs. 1 and 2 above); and
wherein the temperature sensors at each steam trap having a steam trap cover in the system measure temperature of the inlet and exit pipes, the wireless transmitters in the transmitter pockets transmit the measured temperatures to the wireless communication circuitry, and the processor executing the SW determines condition or failure of each steam trap having a steam trap cover (“The failure of one unmonitored steam trap can cost you thousands of dollars while remaining undetected. Regular maintenance checks inside steam vaults can be very expensive, especially when confined spaces or road closures are involved. Our Smart Jackets can become an integral member of your maintenance team by alerting you of meaningful temperature changes. An easy-to-use dashboard interface lets you set up email and text message alerts to be triggered when temperatures of the sensors you select fall outside of the range you set. The dashboard is hosted on a cloud server so it can be accessed anywhere you have internet access” [page 2]; see p. 3 table 2, “Outgoing Temp” and “Incoming Temp” values, as well as phone alert figure indicating “failure detected”)
Thermaxx does not teach
a heat exchanging or steam transfer system, comprising: a plurality of steam traps connected in the system with each steam trap having an entrance and an exit pipe;
the steam trap covers each further comprising a first pipe clip carrying a first temperature sensor with a first conductor from the first temperature sensor and a second pipe clip carrying a second temperature sensor with a second conductor from the second temperature sensor
a wireless transmitter in a transmitter pocket affixed to a surface of the back cover
a central digital hub having wireless communication circuitry coupled to a processor executing software, and a data repository
Thayer teaches
a heat exchanging or steam transfer system, comprising: a plurality of steam traps connected in the system with each steam trap having an entrance and an exit pipe (“a facility instrumented with radio equipped smart jackets 120 can form explicit or ad-hoc networks (see FIG. 2) that can forward and relay information between smart jacket devices. Furthermore, smart jackets 120 can interface with external networks to provide remote displays of status and enable remote control. FIG. 7 is conceptual illustration of the radio equipped smart jacket system forming an ad-hoc network”) [0043];
a central digital hub having wireless communication circuitry coupled to a processor executing software, and a data repository (“Thus there is a need for a system and device that can obtain the above desired energy savings data and on a regular basis, archive the data, and communicate the data to a device such as a computer, or hand held monitoring apparatus” [0009]; thus, computer comprises processor and memory)
Thermaxx teaches a steam trap system wherein the insulation jacket is able to notify a user of temperature and operational data of the steam trap. Thayer teaches a similar jacket system, however further discloses a plurality of insulation jackets that can transmit data to a computer on a single network. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the network system of Thayer to Thermaxx, in order to effectively allow the monitoring of multiple insulation jacket devices on a single computer or phone, thus improving the efficiency of a monitoring system.
Welch teaches
the steam trap covers each further comprising a first pipe clip carrying a first temperature sensor with a first conductor from the first temperature sensor and a second pipe clip carrying a second temperature sensor with a second conductor from the second temperature sensor (“The temperature sensing device 11 is mounted to the pipe 10 by a metal clip 13”) [page 19 lines 4-5]
Thermaxx teaches a first temperature sensor and a second temperature sensor to monitor the temperature of the pipe at the inlet side and outlet side of the steam trap (see p. 3 table 2, “Outgoing Temp” and “Incoming Temp” values), however does not teach the specific mounting structure of the sensors. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the clip arrangement of Welch to Thermaxx, as modified, in order to effectively mount the temperature sensors to the pipes while maintaining a low profile to prevent excessive protrusion into the insulating jacket.
Rickards teaches
a transmitter pocket affixed to a surface of the back cover (“The sleeve may also utilize a pocket 62 positioned on the sleeve 22 for storing tools or other materials on the sleeve 22. A pocket 62 is shown sewn onto the sleeve 22 in FIG. 4. Alternatively, Velcro straps or other ties or lashes (not shown) may be utilized for holding tools or other materials on the sleeve 22 in a conventional manner”) [0043]
As shown on figs. 1 and 2 of Thermaxx, the wireless transmitter is fixed to the insulation jacket by a strap. However, in [0043], Rickards discloses a pocket as an obvious variant of a strap. Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to apply a pocket to the insulation jacket of Thermaxx to store the transmitter as taught in Rickards, to provide a protective casing to the transmitter to prevent accidentally damage while in use.
Thermaxx, as modified by Rickards, teaches a pocket affixed to the steam trap cover, however does not explicitly teach the pocket as affixed to a surface of the back cover. However, it would have been obvious to one of ordinary skill in the art at the time the invention was made to arrange the pocket of Thermaxx, as modified, as claimed, since it has been held that the rearrangement of parts is an obvious matter of design choice when no criticality of the arrangement is provided. In the instant case, the location of the pocket would effectively perform the same function whether it was located on the back panel or any other panel (In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950); wherein the claims to a hydraulic power press which read on the prior art except with regard to the position of the starting switch were held unpatentable because shifting the position of the starting switch would not have modified the operation of the device).
Claim(s) 6-7 and 14-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Thermaxx (https://web.archive.org/web/20160508065554/http://www.thermaxxjackets.com/products/smart-insulation-jackets/) in view of Thayer (US20110264399A1), in further view of Fay (US20180320824A1).
Regarding claim 6, Thermaxx, as modified, does not teach the steam trap cover of claim 1 further comprising
an identity tag joined to the front or the back panel, the identity tag displaying an identity code unique to the steam trap cover
Fay teaches
an identity tag joined to the front or the back panel, the identity tag displaying an identity code unique to the steam trap cover (“The identifier may be provided on the compression pack, such as by including a barcode or quick response (QR) code that represents the identifier” [0030]; “Each standardized insulation component includes unique identification. In order to facilitate rapid installation of each insulation piece, each piece is identified by unique QR codes, which may be tied to URLs”) [0054]
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the QR code system of Fay to Thermaxx, as modified, in order to allow a user to access installation instructions for that specific steam trap cover, thus allowing for easier installation of the system.
Thermaxx, as modified, teaches an identifier located on the cover, however does not explicitly teach the identifier as joined to the front or the back panel. However, it would have been obvious to one of ordinary skill in the art at the time the invention was made to arrange the identifier of Thermaxx, as modified, as claimed, since it has been held that the rearrangement of parts is an obvious matter of design choice when no criticality of the arrangement is provided. In the instant case, the location of the identifier would effectively perform the same function whether it was located on the front panel, the back panel, or any other panel (In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950); wherein the claims to a hydraulic power press which read on the prior art except with regard to the position of the starting switch were held unpatentable because shifting the position of the starting switch would not have modified the operation of the device).
Regarding claim 7, Thermaxx, as modified, teaches the steam trap cover of claim 6 further comprising
a QR code on the identity tag, the QR code providing information regarding a steam trap enclosed in the steam trap cover (as taught by Fay modification regarding claim 6)
Regarding claim 14, claim 14 is rejected over Thermaxx in view of Thayer and Fay by the same or substantially the same rationale as applied to claim 6 above.
Regarding claim 15, claim 15 is rejected over Thermaxx in view of Thayer and Fay by the same or substantially the same rationale as applied to claim 7 above.
Claim(s) 8 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Thermaxx (https://web.archive.org/web/20160508065554/http://www.thermaxxjackets.com/products/smart-insulation-jackets/) in view of Thayer (US20110264399A1), in further view of Pendergraft (US20160193772A1).
Regarding claim 8, Thermaxx, as modified, does not teach the steam trap cover of claim 1 further comprising
a temperature-sensitive color changing indicator affixed to the front or the back cover
Pendergraft teaches
a temperature-sensitive color changing indicator affixed to the front or the back cover (“Covers 34 and 36 include a temperature sensing element in the form of a thermal chemical sensor 62 which changes colors depending on a change in temperature. For example, the thermal chemical sensor 62 may normally be a green color unless a certain selected temperature is reached, in which case the sensor turns to another color, such as red”) [0032]
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the thermal chemical sensor 62 of Pendergraft to Thermaxx, as modified, in order to allow a user to monitor the temperature within the insulating jacket without removing the jacket itself.
Thermaxx, as modified, teaches an indicator located on the cover, however does not explicitly teach the identifier as affixed to the front or the back cover. However, it would have been obvious to one of ordinary skill in the art at the time the invention was made to arrange the identifier of Thermaxx, as modified, as claimed, since it has been held that the rearrangement of parts is an obvious matter of design choice when no criticality of the arrangement is provided. In the instant case, the location of the identifier would effectively perform the same function whether it was located on the front panel, the back panel, or any other panel (In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950); wherein the claims to a hydraulic power press which read on the prior art except with regard to the position of the starting switch were held unpatentable because shifting the position of the starting switch would not have modified the operation of the device).
Regarding claim 16, claim 16 is rejected over Thermaxx in view of Thayer and Pendergraft by the same or substantially the same rationale as applied to claim 8 above.
Claim(s) 18-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Thermaxx (https://web.archive.org/web/20160508065554/http://www.thermaxxjackets.com/products/smart-insulation-jackets/) in view of Thayer (US20110264399A1), Welch (WO2022263022A1) and Rickards (US20040103949A1), in further view of Fay (US20180320824A1).
Regarding claim 18, Thermaxx, as modified, does not teach the method of claim 17
wherein each steam trap cover in the system has an identity tag joined to the front or the back panel, the identity tag displaying an identity code unique to the steam trap cover, and to the steam trap covered
Fay teaches
wherein each steam trap cover in the system has an identity tag joined to the front or the back panel, the identity tag displaying an identity code unique to the steam trap cover, and to the steam trap covered (“The identifier may be provided on the compression pack, such as by including a barcode or quick response (QR) code that represents the identifier” [0030]; “Each standardized insulation component includes unique identification. In order to facilitate rapid installation of each insulation piece, each piece is identified by unique QR codes, which may be tied to URLs”) [0054]
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the QR code system of Fay to Thermaxx, as modified, in order to allow a user to access installation instructions for that specific steam trap cover, thus allowing for easier installation of the system.
Thermaxx, as modified, teaches an identifier located on the cover, however does not explicitly teach the identifier as joined to the front or the back panel. However, it would have been obvious to one of ordinary skill in the art at the time the invention was made to arrange the identifier of Thermaxx, as modified, as claimed, since it has been held that the rearrangement of parts is an obvious matter of design choice when no criticality of the arrangement is provided. In the instant case, the location of the identifier would effectively perform the same function whether it was located on the front panel, the back panel, or any other panel (In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950); wherein the claims to a hydraulic power press which read on the prior art except with regard to the position of the starting switch were held unpatentable because shifting the position of the starting switch would not have modified the operation of the device).
Regarding claim 19, Thermaxx, as modified, teaches the method of claim 18
wherein the identity tag on each steam trap cover further comprises a QR code providing information regarding the steam trap enclosed in the steam trap cover (as taught by Fay modification regarding claim 18)
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Thermaxx (https://web.archive.org/web/20160508065554/http://www.thermaxxjackets.com/products/smart-insulation-jackets/) in view of Thayer (US20110264399A1), Welch (WO2022263022A1) and Rickards (US20040103949A1), in further view of Pendergraft (US20160193772A1).
Regarding claim 20, Thermaxx, as modified, does not teach the method of claim 17
wherein each steam trap cover in the system has a temperature-sensitive color changing indicator affixed to the front or the back cover
Pendergraft teaches
wherein each steam trap cover in the system has a temperature-sensitive color changing indicator affixed to the front or the back cover (“Covers 34 and 36 include a temperature sensing element in the form of a thermal chemical sensor 62 which changes colors depending on a change in temperature. For example, the thermal chemical sensor 62 may normally be a green color unless a certain selected temperature is reached, in which case the sensor turns to another color, such as red”) [0032]
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the thermal chemical sensor 62 of Pendergraft to Thermaxx, as modified, in order to allow a user to monitor the temperature within the insulating jacket without removing the jacket itself.
Thermaxx, as modified, teaches an indicator located on the cover, however does not explicitly teach the identifier as affixed to the front or the back cover. However, it would have been obvious to one of ordinary skill in the art at the time the invention was made to arrange the identifier of Thermaxx, as modified, as claimed, since it has been held that the rearrangement of parts is an obvious matter of design choice when no criticality of the arrangement is provided. In the instant case, the location of the identifier would effectively perform the same function whether it was located on the front panel, the back panel, or any other panel (In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950); wherein the claims to a hydraulic power press which read on the prior art except with regard to the position of the starting switch were held unpatentable because shifting the position of the starting switch would not have modified the operation of the device).
Conclusion
The prior art of record not relied upon includes:
Withem (US4112967A), which teaches a similar valve cover to the claimed steam trap cover
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/BRETT P. MALLON/Examiner, Art Unit 3762 /MICHAEL G HOANG/Supervisory Patent Examiner, Art Unit 3762