DETAILED ACTION
In response to remarks filed on 19 August 2026
Status of Claims
Claims 13-25 are pending;
Claims 13-25 are currently amended;
Claims 13-25 are rejected herein.
Response to Arguments
Applicant’s arguments filed on 19 August 2026 have been fully considered and they are not persuasive. The limitation in question by applicant “wherein the bypass module is actuable to move the first and second modules relative to each other in a perpendicular direction” does not necessarily indicate that the bypass module is actuatable “to cause” the movement of the first and second modules relative to each other in a perpendicular direction. As indicated before, Figures 24 to 28 show that bypass module 46 is actuatable to open and close which allows movement of the first and second modules. Since the limitation does not specify that the movement of the bypass module causes the movement of the first and second modules relative to each other in a perpendicular direction, then the limitation is met by simply allowing movement of the first and second modules relative to each other in a perpendicular direction after actuating the bypass module.
Claim Objections
Claim 13 is objected to because of the following informalities: The claim begins with “Apparatus” when it should be “An apparatus”. Appropriate correction is required. 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 13-25 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.
As to Claim 13, the claim recites “wherein the first module comprises at least a drive module driveable along the elongate structure and at least one of the first and second modules comprises at least a service module for servicing the elongate structure”. If the first module comprises a drive module and comprises a service module, then it is unclear what the second module is. Appropriate correction is required.
As to Claim 23, the claim recites “which may be selectively closed around the elongate structure or opened to enable removal from the elongate structure and which comprises a drive and/or servicing module”. The use of “may be” suggests that the limitation after the term is optional and therefore makes the claim unclear. Appropriate correction is required.
The dependent claims are also rejected for depending on a rejected independent claim.
Claim Rejections - 35 USC § 102
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 13-22 and 25 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Munro et al (U.S. Patent Application Publication No. 2018/0208283).
As to Claim 13, Munro discloses an apparatus for servicing an elongate structure (14), comprising a bypass module (46) connected in series along the elongate structure between a first module (42) and a second module (18), each of which may be selectively closed around the elongate structure or opened to enable removal from the elongate structure (Figures 24 to 28), wherein the first module (42) comprises at least a drive module driveable along the elongate structure and at least one of the first and second modules (18) comprises at least a service module for servicing the elongate structure, wherein the bypass module (46) is actuable (Figures 24 to 28 show that bypass module 46 is actuatable to open and close which allows movement of the first and second modules) to move the first (46) and second modules (18) relative to each other in a perpendicular direction (The first, bypass and second modules open and close and the direction each open and close is perpendicular to the longitudinal axis of the elongate structure) to the elongate structure (14) towards or away from the elongate structure (Figures 24 to 28), so that the second module is moved in the perpendicular direction away from the elongate structure while the first module is closed around the elongate structure (Figure 26) and the first module is drivable (via 24) along the elongate structure (14) so as to drive the second module past an obstacle (Column 7, Lines 16-23: “ The tool can operate on two different pipe diameters at any one time so that it can walk past or clamp onto obstructions such as projections on the pipe”) on the elongate structure (Figures 24 to 28).
As to Claim 14, Munro discloses the invention of Claim 13 (Refer to Claim 13 discussion). Munro also discloses wherein the bypass module (46) comprises first and/or second mounts (Figure 7) for removable connection respectively to the first and second modules.
As to Claim 15, Munro discloses the invention of Claim 14 (Refer to Claim 14 discussion). Munro also discloses wherein the first and/or second mounts (Figure 7) are movable so as to allow the first and second modules to open and close (Figures 24 to 28).
As to Claim 16, Munro discloses the invention of Claim 14 (Refer to Claim 14 discussion). Munro also discloses wherein the first and/or second mounts (Figure 7) are movable linearly to move the first and second modules relative to each other in the direction towards and away from the elongate structure (Figures 24 to 28).
As to Claim 17, Munro discloses the invention of Claim 13 (Refer to Claim 13 discussion). Munro also discloses wherein at least one of the first and second modules (18) has a slotted plate (76) at an end thereof, and the bypass module (46) is removably connected to said slotted plate by one or more block or pin (70) slidably mounted within a corresponding slot (88) in the slotted plate so as to allow the respective module to open and close.
As to Claim 18, Munro discloses the invention of Claim 13 (Refer to Claim 13 discussion). Munro also discloses wherein the bypass module comprises one or more telescopic rails (32, 34) for moving the first and second modules (42, 18) relative to each other in the direction towards and away from the elongate structure (Figures 24 to 28).
As to Claim 19, Munro discloses the invention of Claim 13 (Refer to Claim 13 discussion). Munro also discloses wherein said first and second drive modules (42, 18) are each arranged for actuating the opening and/or closing of the respective module (Figures 24 to 28).
As to Claim 20, Munro discloses the invention of Claim 13 (Refer to Claim 13 discussion). Munro also discloses wherein the first and second modules (42, 18) each comprise a cage or frame comprising two or more segments or sections (50) moveably or pivotably connected together.
As to Claim 21, Munro discloses the invention of Claim 13 (Refer to Claim 13 discussion). Munro also discloses wherein the or each said drive module (42, 18) includes one or more rotating members (Members 50 rotate with respect to 48 as per Figures 17 and 19) arranged to contact the elongate structure (14) and drivable so as to drive the drive module along the elongate structure (Figures 24 to 28).
As to Claim 22, Munro discloses the invention of Claim 13 (Refer to Claim 13 discussion). Munro also discloses wherein the or each said servicing module (42, 18) includes one or more tools (50) for servicing the elongate structure.
As to Claim 25, Munro discloses a method of operation of the apparatus of Claim 13 (Refer to Claim 13 discussion), wherein the first and second modules (42, 18) are connected together in series along the elongate structure via the bypass module (46), the first module is adjacent an obstacle (Column 7, Lines 16-23: “ The tool can operate on two different pipe diameters at any one time so that it can walk past or clamp onto obstructions such as projections on the pipe”) on the elongate structure and the first and second modules each comprise a drive module, the method (The method steps are capable of being performed in view of the elongate structure disclosed by Munro) comprising:
Opening the first module (42; Figure 27);
Actuating the bypass module (46) to move the first module away from the elongate structure (Figure 27);
Driving the first module past the obstacle by driving the second module (18; Figure 28);
Actuating the bypass module (46) to move the first module towards the elongate structure (Figure 28);
Closing the first module (42) around the elongate structure (Figure 28);
Opening the second module (Figure 24);
Actuating the bypass module (46) to move the second module (18) away from the elongate structure (Figure 24);
Driving the second module past the obstacle by driving the first module (Figure 30);
Actuating the bypass module to move the second module towards the elongate structure (Figure 30); and
Closing the second module around the elongate structure (Figure 25).
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 23 and 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Munro et al (U.S. Patent Application Publication No. 2018/0208283) alone.
As to Claim 23, Munro discloses the invention of Claim 13 (Refer to Claim 13 discussion). Munro also discloses wherein the first and second modules (42, 18) are connected together in series along the elongate structure via a first said bypass module (46). However, Munro is silent about a third module, which may be selectively closed around the elongate structure or opened to enable removal from the elongate structure and which comprises a drive and/or servicing module, is connected in series along the elongate structure to the second module via a second bypass module actuable to move the second and third modules relative to each other in a perpendicular direction towards or away from the elongate structure. Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to provide a third module, which may be selectively closed around the elongate structure or opened to enable removal from the elongate structure and which comprises a drive and/or servicing module, is connected in series along the elongate structure to the second module via a second bypass module actuable to move the second and third modules relative to each other in a perpendicular direction towards or away from the elongate structure since it has been held that mere duplication of the essential working parts of a device involves only routine skilled the art. Providing additional drives and bypass modules would be obvious to handle longer elongate structures.
As to Claim 24, Munro as modified teaches a method of operation of the apparatus of Claim 23 (Refer to Claim 23 discussion), wherein the first module (42) is adjacent an obstacle (Column 7, Lines 16-23: “ The tool can operate on two different pipe diameters at any one time so that it can walk past or clamp onto obstructions such as projections on the pipe”) on the elongate structure (14), the first and third modules each comprise at least a drive module, the method (The method steps are capable of being performed in view of the elongate structure disclosed by Munro as modified) comprising:
Opening the first and second modules (42, 18) (Figures 24 to 28);
Actuating the second bypass module to move the first and second modules (42, 18) away from the elongate structure (Figures 24 to 28);
Driving the first and second modules (42, 18) past the obstacle by driving the third module (Figures 24 to 28) along the elongate structure;
Actuating the first bypass module (46) to move the first module (42, 18) towards the elongate structure (Figures 24 to 28);
Closing the first module (42, 18) around the elongate structure (Figures 24 to 28);
Opening the third module (Figures 24 to 28);
Actuating the second bypass module (46) to move the third module away from the elongate structure (Figures 24 to 28);
Driving the third module past the obstacle (Figures 24 to 28);
Actuating the first bypass module (46) to move the second and third modules towards the elongate structure (Figures 24 to 28); and
Closing the second and third drive modules around the elongate structure (Figures 24 to 28).
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EDWIN J TOLEDO-DURAN whose telephone number is (571)270-7501. The examiner can normally be reached Monday through Friday: 10:00AM to 6:00PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, AMBER ANDERSON can be reached at (571) 270-5281. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/EDWIN J TOLEDO-DURAN/Primary Examiner, Art Unit 3678
