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 1-10 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.
Claim 1 recites the limitation "said assembled inner pipe member" at lines 6-7. There is insufficient antecedent basis for this limitation in the 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim Rejections - 35 USC § 103
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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1, 2, 7, 8, 11, 14 and 15 is/are rejected under 35 U.S.C. 102a1/a2 as being anticipated by Perherin (US 2021/0010619), which discloses:
A method of manufacturing a double-walled elbow pipe segment, comprising the steps of:
providing an inner pipe member (4);
providing at least one first support member (3), and positioning said at least one first support member coaxially over said inner pipe member (FIGS 7-8 and the accompanying written description);
providing an outer pipe member (2) and slidably positioning said assembled inner pipe member and said at least one first support member within said outer pipe member (FIGS 8-9) such that said at least one first support member is supportingly engaged with an outer surface of said inner pipe member and an inner surface of said outer pipe member (e.g., in order to transmit bending forces from the outer tube to the inner tube; e.g., para. 0027), and
bending a pipe assembly of said inner pipe member, said at least one first support member and said outer pipe member (e.g., para. 0048) into at least one first elbow section of a predetermined first angle and in a predetermined first direction between an upstream end portion and a downstream end portion of said pipe assembly (as shown in FIG 3, where either end could be the upstream or downstream end, depending on which way fluid will flow through the pipe).
2. A method according to claim 1, wherein step (d) comprises bending said pipe assembly into at least one second elbow section of a predetermined second angle and in a predetermined second direction between said upstream end portion and said downstream end portion (see FIG 4 and the end of para. 0049, describing multiple bends).
7. A method according to any one of claims 2, wherein said at least one first support member is adapted to operably cover said at least one first elbow section and said at least one second elbow section (because the bends occur at the support members 3, 3’, 3’’; para. 0049).
8.A method according to claim 2, wherein step (b) further comprises providing at least one second support member and positioning said at least one second support member coaxially over said inner pipe member at said second elbow section (see FIG 4 and the end of para. 0049, describing multiple bends at multiple support members 3, 3’, 3’’).
Regarding claim 11, see the analysis of claim 1 above, where the structure of claim 11 clearly corresponds to the analogous steps of “providing” that are explained above.
Regarding claim 14, see the corresponding analysis of claim 8 above.
Regarding claim 15, the intended operating medium does not further define over the prior art since the prior art pipe is capable of handling fuel. See MPEP 2115.
Claim(s) 3-6 and 9-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Perherin alone.
Regarding claims 3-6, Perherin discloses the invention as claimed with exception to the specific directions of the bends and sizes of the angles. However it was well-known in the art before the effective filing date (official notice) to create pipe bends in the same plane, or in different planes, and to create pipe bends having the same angle, or different angles as claimed. It would have been obvious to one of ordinary skill in the art before the effective filing date to create the claimed features in Perherin’s pipe in order to accommodate an operating environment which requires or is conducive to the such geometric features.
Regarding claims 9 and 10, the use of pipe bending tools and ball- diameter testing equipment was also well-known in the art before the effective filing date and it would have been obvious to use the same with Perherin’s pipe in order to mechanically perform the required bending operation and ensure that the pipe has a minimum flow capability.
Claim(s) 1 and 11-13 is/are rejected under 35 U.S.C. 102a1/a2 as being anticipated by JP S49114567 (document and translation provided by Applicant), which discloses:
11. A pipe assembly, comprising:
an inner pipe member (2);
an outer pipe member (3), adapted to operably receive said inner pipe member, so as to define an interstitial space between an outer wall of said inner pipe member and an inner wall of said outer pipe member, as well as, between an upstream end portion and a downstream end portion (see FIGS 1 and 2); and
at least one first support member (5), adapted to be provided coaxially within said interstitial space so as to supportingly engage said inner wall of said outer pipe member and said outer wall of said inner pipe member (translation, para. 0002), when forming at least one first elbow section, and to provide a fluid path between said upstream end portion and said downstream end portion (see the elbow-shape of FIG 2).
Regarding claim 1, see the analysis of claim 11 above, which clearly corresponds to the elements of claim 1.
12. A pipe assembly according to claim 11, wherein said at least one first support member (5) is arranged around said inner pipe member in the form of a helix (it’s a coil spring, translation para. 0002).
13.A pipe assembly according to any one of claim 11, wherein said at least one first support member is a coil spring having a predetermined length (translation para. 0002).
Claim(s) 1, 11 and 16 is/are rejected under 35 U.S.C. 102a1/a2 as being anticipated by WO 2015/186147 A1 (document provided by Applicant), which discloses:
11.A pipe assembly, comprising:
an inner pipe member (11);
an outer pipe member (13), adapted to operably receive said inner pipe member, so as to define an interstitial space (15) between an outer wall of said inner pipe member and an inner wall of said outer pipe member, as well as, between an upstream end portion and a downstream end portion (see FIG 1a); and
at least one first support member (20), adapted to be provided coaxially within said interstitial space so as to supportingly engage said inner wall of said outer pipe member and said outer wall of said inner pipe member (e.g., see Abstract), when forming at least one first elbow section, and to provide a fluid path between said upstream end portion and said downstream end portion (through the inner pipe member, after bending).
Regarding claim 1, see the analysis of claim 11 above, which clearly corresponds to the elements of claim 1.
16.A pipe assembly according to claim 11, wherein said outer pipe member comprises carbon steel (p. 5, para. 01).
Claim(s) 17-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over WO 2015/186147 A1 alone.
WO 2015/186147 A1 does not disclose the pipe to have protective zinc coating. However it was well-known in the art before the effective filing date to use a zinc coating on a pipe as claimed (official notice), and it would have been obvious to use a zinc coating on a steel pipe with the pipe assembly disclosed by WO 2015/186147 A1 in order to create an affordable and durable rendition thereof.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. DE 10 2010 040 249 (document provided by Applciant) discloses similar pipe supports in a double-walled pipe with multiple bends in the same plane. CN 103038010 discloses the use of a tightly-fitting ball to verify the inside diameter of a pipe bend (para. 0042).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM M MCCALISTER whose telephone number is (571)270-1869. The examiner can normally be reached M-F from 7am to 6pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, CRAIG SCHNEIDER, can be reached at telephone number 571-272-3607, or Kenneth Rinehart can be reached at 571-272-4881. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/WILLIAM M MCCALISTER/Primary Examiner, Art Unit 3753
2/24/26