DETAILED ACTION
DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Election/Restrictions
Claims 10-24 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 11/10/2025.
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.
Claim 9 is 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.
Claim 9 recites the limitations "the vent pipe" and “the edges” and “the sheathing bases” in line 4. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 103
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-9 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Houwink (US 2492699) in view of Doerpinghaus (US 3067712) and Antes et al. (US 4474509).
Regarding claim 1, Houwink discloses a transport cap comprising: a self-buoyant plug [Figure 1] having a rigid skeleton structure [4] disposed in a flexible sheathing [1, 2] at least on a side surface of the plug, wherein the flexible sheathing is an airtight container [Column 1, Lines 4-7].
Houwink fails to disclose the container contains pneumatic valves.
Doerpinghaus teaches a floating tank comprising openings for filling the tank [6].
Antes teaches a method of floating a marine structure to a site via a removable watertight plug that contains a pneumatically actuated valve [Figure 9].
At the time of the invention, it would have been obvious to one of ordinary skill in the art to modify the device of Houvink by adding the filling openings as described by Doerpinghaus, and further adding the pneumatically actuated valve as described by Antes to be able to controllably insert fluid under pressure into the cap and fully fill it.
Regarding claims 2 and 3, Houwink further discloses, the flexible sheathing contains a textile and rubber [Column 1, Lines 28-31].
Regarding claim 4, Doerpinghaus further teaches, the plug has towing eyes [Figure 4A]. At the time of the invention, it would have been obvious to add the towing eyes as a means for controlling/towing the device at sea.
Regarding claim 5, Houwink further discloses, the plug has a cylindrical flexible side surface, rigid bottoms, wherein the bottoms, are conical and spherical [Figure 1].
Regarding claim 6 and 9, Antes further teaches, the plug has a vent pipe and vent valve [Figure 9]. At the time of the invention, it would have been obvious to one of ordinary skill in the art to add the vent valve as a safety means to release pressure within the plug when it reaches capacity levels.
Regarding claim 7, Doerpinghaus further teaches, the plug includes a ballast load [67] for balancing the plug horizontally. At the time of the invention, it would have been obvious to add the ballast loads to enable the device to be towed beneath the water surface to thereby avoid wave action and potentially damaging loads associated with it.
Regarding claim 8, Doerpinghaus further teaches, a safety valve [7]. At the time of the invention, it would have been obvious to add the safety valve to release excess pressures such that the device does not rupture causing costly repairs [Column 3, Lines 56-59].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. (US 3779196) and (US 5355819) disclose structural devices that are similar to that of the claimed invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KYLE A ARMSTRONG whose telephone number is (571)270-1184. The examiner can normally be reached M-F ~10-6.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anita Coupe can be reached at (571) 270-3614. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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KYLE ARMSTRONG, P.E.
Primary Examiner
Art Unit 3678
/KYLE ARMSTRONG/ Primary Examiner, Art Unit 3619