DETAILED ACTION
The communication dated 01/06/2026 has been entered and fully considered.
Claims 1-20 are currently pending. Claims 18-20 are withdrawn.
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 .
Election/Restrictions
Applicant’s election without traverse of Group I: claims 1-17 in the reply filed on 01/06/2026 is acknowledged.
Claim Objections
Claims 1-20 objected to because of the following informalities:
Claims 1-20 need to be labeled with one of the following status identifiers: (Original), (Currently Amended), (Canceled), (Withdrawn), (Previously Presented), (New), and (Not Entered).
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 7-9 and 15-17 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 and 15 states the limitation, “the plurality of acid jetting openings comprising the acid jetting opening.” It is unclear how the plurality of acid jetting openings comprise of one opening. For the purpose of examination, Examiner is determining that there are multiple acid jetting openings and that the statement is superfluous.
Claim 8 rejected under 112(b) due to dependency on claim 7.
Claim 9 and 16 states ”the plurality of water jetting openings comprising the water jetting opening”. It is unclear how the plurality of water jetting openings comprise of one opening. For the purpose of examination, Examiner is determining that there are multiple water jetting openings and that the statement is superfluous.
Claim 17 rejected under 112(b) due to dependency on claim 16.
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.
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.
Claims 1-3, 5-6, and 9-11 are rejected under 35 U.S.C. 103 as being unpatentable over of Bozso et al. U.S. Publication 2015/0165497 (henceforth referred to as Bozso) in view of De Witt et al. U.S. Publication 2016/0251940 (henceforth referred to as De Witt) and Yin CN111910196 (henceforth referred to as Yin).
As to claim 1, Bozso teaches a hybrid tool assembly to descale a pipeline, the hybrid tool assembly comprising:
an assembly head body comprising a bottom surface defining a water jetting opening (FIG. 2 paragraphs [0054] and [0057] water conduit 12 and 14), a gas purge opening and a laser opening (FIG. 2 paragraph [0054] laser element/inert gas conduit 13);
a water jetting subassembly fluidically coupled to the water jetting opening and configured to jet water out of the assembly head body through the water jetting opening onto the scales (paragraphs [0054] and [0057] water conduit 12 cools the interior wall 5 of the pipe 1 and water conduit 14 sprays water to impinge on the scale deposit 36);
a gas purge subassembly fluidically coupled to the gas purge opening and configured to purge gas out of the assembly head body through the gas purge opening (paragraph [0054] inert gas conduit 13 supplies a stream 39 of inert gas to a distal end of the gas conduit 13); and
a laser subassembly functionally coupled to the laser opening and configured to generate a laser beam passing through the laser opening onto the scales (paragraph [0054] laser element 13 emits a beam of laser light 15),
wherein the gas purge subassembly is configured to operate together with at least one of the acid jetting subassembly, the water jetting subassembly or the laser subassembly to descale the pipeline (paragraph [0054] a combined laser element/inert gas conduit 13 emits a laser and an inert gas).
Bozso differs from the instant claim in failing to teach an acid jet opening, a gas purge opening and a laser opening; an acid jetting subassembly fluidically coupled to the acid jetting opening and configured to jet acid out of the assembly head body through the acid jetting opening onto scales accumulated on an inner surface of the pipeline
De Witt teaches a similar hybrid tool (FIG. 7A paragraph [0144] down hole laser tool). De Witt teaches an gas purge opening (FIG. 7A paragraph [0144] ports 703 delivers a circulation fluid e.g. gas, liquid or both) and a laser opening (FIG. 7A there is an opening for laser beam 702).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify they hybrid tool as taught by Bozso with a gas opening and laser opening as taught by De Witt. It would have been obvious to separate the openings without changing their respective functions. By having the openings separated, it will be easier to replace a broken part.
Yin teaches a similar hybrid tool (paragraph [0022] the second pickling section). Yin teaches an acid jetting opening, an acid jetting subassembly fluidically coupled to the acid jetting opening and configured to jet acid out of the assembly head body through the acid jetting opening onto scales accumulated on an inner surface of the pipeline (FIG. 1 paragraph [0093] acid spray nozzle 62 sprays pickling liquid onto the inner wall of the pipe 2).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify they hybrid tool as taught by Bozso with an acid opening as taught by Yin as the acid sprayed by the acid opening can improve the appearance and corrosion resistance of a pipe (paragraph [0004]).
Examiner regards the operation of the claimed hybrid tool as intended use of the apparatus’ structure. The conduit of Bozso would be capable of jetting out acid and water and port 703 of De Witt would be capable of jetting out acid, water and/or gas out of the port. Apparatus claims cover what a device is, not what a device does. An apparatus claim may be unobvious even if it operates in the same way as the prior art, as long as there are structural differences. Hewlett-Packard Co. v. Bausch & Lomb Inc. 15 USPQ 2d 1525 (Fed. Cir. 1990).
As to claim 2, Bozso further teaches at least two of the acid jetting subassembly, the water jetting subassembly, the gas purge subassembly or the laser subassembly are configured to operate simultaneously (FIG. 2 the combined laser element/inert gas conduit 13 and water conduits 12 and 14 are working at the same time).
As to claim 3, Bozso further teaches the gas purge subassembly is configured to operate simultaneously with the laser subassembly (paragraph [0054] a combined laser element/inert gas conduit 13 emits a laser and an inert gas).
As to claim 5, Bozso further teaches comprising a rotator subassembly configured to rotate the assembly head body (FIGS. 2 and 4 paragraph [0061] laser head 4 is rotatable about an axis).
As to claim 6, Bozso further teaches the rotator subassembly is configured to operate simultaneously with at least one of the acid jetting subassembly, the water jetting subassembly, the gas purge subassembly, or the laser subassembly (paragraph [0025] the laser head 4 is rotatable to create a generally rotating gas bubble about an axis of the laser head 4).
As to claim 9, Bozso further teaches the bottom surface of the assembly head body defines a plurality of water jetting openings (FIG. 1 paragraph [0046] openings 9 direct a stream of water into the pipe section to be cleaned), the plurality of water jetting openings comprising the water jetting opening, the plurality of water jetting openings being arranged with a wavy or linear pattern on the bottom surface (FIG. 1 the openings 9 are arranged in a linear pattern).
As to claim 10, Bozso further teaches the laser opening has an elongated shape (FIG. 2 the opening within the shaft of laser element 13 has an elongated shape).
As to claim 11, Bozso further teaches the gas comprises pressurized nitrogen or air (paragraph [0054] inert gas, such as nitrogen gas).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over of Bozso et al. U.S. Publication 2015/0165497 (henceforth referred to as Bozso), De Witt et al. U.S. Publication 2016/0251940 (henceforth referred to as De Witt), and Yin CN111910196 (henceforth referred to as Yin) as applied to claim 1 above, in further view of Yu CN117248217 (henceforth referred to as Yu).
As to claim 4, Bozso, De Witt and Yin differ from the instant claim in failing to teach the acid jetting subassembly is configured to operate simultaneously with the water jetting subassembly.
Yu teaches a similar hybrid tool assembly (paragraph [0038] nozzle 220). Yu teaches the acid jetting subassembly is configured to operate simultaneously with the water jetting subassembly (paragraph [0038] (page 25) the pickling solution and water are sprayed from multiple nozzles 220).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify they hybrid tool as taught by Bozso, De Witt, and Yin with an acid jetting subassembly and a water jetting subassembly that work simultaneously as taught by Yu. By having the acid and water jetting subassembly spray simultaneously it can accelerate the contact efficiency between the pickling solution and cleaning water and the surface of the pipe, which improves the pickling and cleaning effect (paragraph [0026]).
Claims 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over of Bozso et al. U.S. Publication 2015/0165497 (henceforth referred to as Bozso), De Witt et al. U.S. Publication 2016/0251940 (henceforth referred to as De Witt), and Yin CN111910196 (henceforth referred to as Yin) as applied to claim 1 above, in further view of Li CN114892179 (henceforth referred to as Li).
As to claim 7, Bozso, De Witt, and Yin differ from the instant claim in failing to teach the bottom surface of the assembly head body defines a plurality of acid jetting openings, the plurality of acid jetting openings comprising the acid jetting opening, the plurality of acid jetting openings being arranged with a wavy or linear pattern on the bottom surface (However, Bozso’s openings 9 as shown in figure 1 are arranged in a linear pattern and would be capable of jetting acid).
Li teaches a similar hybrid tool (paragraph [n0054] spray injection pipe 48). Li teaches the bottom surface of the assembly head body defines a plurality of acid jetting openings, the plurality of acid jetting openings comprising the acid jetting opening, the plurality of acid jetting openings being arranged with a wavy or linear pattern on the bottom surface (paragraph [n0054] spray injection pipe 48 supplies acid to the bottom with multiple spray nozzles. Figure 3 shows that the nozzles of spray injection pipe 48 are linear).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify they hybrid tool as taught by Bozso, De Witt, and Yin with a plurality of acid jetting openings as taught by Li. It would have been obvious to have a plurality of acid jetting openings in order to treat a larger surface area of the pipe.
As to claim 8, Yin and Li further teaches the plurality of acid jetting openings comprises an edge acid jetting opening adjacent an edge of the bottom surface (Li FIG. 3 spray injection port 48 is adjacent to the bottom surface), and the water jetting opening is positioned between the edge of the bottom surface and the edge acid jetting opening (Yin paragraph [0092] the water spray nozzle 61 is disposed on both sides of the acid spray nozzle 62. See following Figure 1 of Yin).
[AltContent: arrow][AltContent: arrow][AltContent: rect][AltContent: textbox (Paragraph [0092] states that water spray nozzle 61 is disposed on both sides of acid spray nozzle 62. The water jet 61 is positioned between an edge and an acid jetting opening.)]
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Claims 12-14 are rejected under 35 U.S.C. 103 as being unpatentable over of Bozso et al. U.S. Publication 2015/0165497 (henceforth referred to as Bozso) in view of De Witt et al. U.S. Publication 2016/0251940 (henceforth referred to as De Witt) and Yin CN111910196 (henceforth referred to as Yin).
As to claim 12, Bozso teaches a hybrid tool assembly to descale a pipeline, the hybrid tool assembly comprising:
an assembly head body comprising a bottom surface defining a water jetting opening (FIG. 2 paragraphs [0054] and [0057] water conduit 12 and 14), a gas purge opening and a laser opening (FIG. 2 paragraph [0054] laser element/inert gas conduit 13);
a water jetting subassembly fluidically coupled to the water jetting opening and configured to jet water out of the assembly head body through the water jetting opening onto the scales (paragraphs [0054] and [0057] water conduit 12 cools the interior wall 5 of the pipe 1 and water conduit 14 sprays water to impinge on the scale deposit 36);
a gas purge subassembly fluidically coupled to the gas purge opening and configured to purge gas out of the assembly head body through the gas purge opening (paragraph [0054] inert gas conduit 13 supplies a stream 39 of inert gas to a distal end of the gas conduit 13);
a laser subassembly functionally coupled to the laser opening and configured to generate a laser beam passing through the laser opening onto the scales (paragraph [0054] laser element 13 emits a beam of laser light 15); and
a rotator subassembly configured to rotate the assembly head body along an axial direction (FIGS. 2 and 4 paragraph [0061] laser head 4 is rotatable about an axis).
Bozso differs from the instant claim in failing to teach an acid jet opening, a gas purge opening and a laser opening; an acid jetting subassembly fluidically coupled to the acid jetting opening and configured to jet acid out of the assembly head body through the acid jetting opening onto scales accumulated on an inner surface of the pipeline.
De Witt teaches a similar hybrid tool (FIG. 7A paragraph [0144] down hole laser tool). De Witt teaches an gas purge opening (FIG. 7A paragraph [0144] ports 703 delivers a circulation fluid e.g. gas, liquid or both) and a laser opening (FIG. 7A there is an opening for laser beam 702).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify they hybrid tool as taught by Bozso with a gas opening and laser opening as taught by De Witt. It would have been obvious to separate the openings without changing their respective functions. By having the openings separated, it will be easier to replace a broken part.
Yin teaches a similar hybrid tool (paragraph [0022] the second pickling section). Yin teaches an acid jetting opening, an acid jetting subassembly fluidically coupled to the acid jetting opening and configured to jet acid out of the assembly head body through the acid jetting opening onto scales accumulated on an inner surface of the pipeline (FIG. 1 paragraph [0093] acid spray nozzle 62 sprays pickling liquid onto the inner wall of the pipe 2).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify they hybrid tool as taught by Bozso with an acid opening as taught by Yin as the acid sprayed by the acid opening can improve the appearance and corrosion resistance of a pipe (paragraph [0004]).
Examiner regards the operation of the claimed hybrid tool as intended use of the apparatus’ structure. The conduit of Bozso would be capable of jetting out acid and water and port 703 of De Witt would be capable of jetting out liquids and/or gas out of the port. Apparatus claims cover what a device is, not what a device does. An apparatus claim may be unobvious even if it operates in the same way as the prior art, as long as there are structural differences. Hewlett-Packard Co. v. Bausch & Lomb Inc. 15 USPQ 2d 1525 (Fed. Cir. 1990).
As to claim 13, Bozso further teaches the gas purge subassembly is configured to operate simultaneously with at least one of the acid jetting subassembly, the water jetting subassembly or the laser subassembly (paragraph [0054] a combined laser element/inert gas conduit 13 emits a laser and an inert gas).
As to claim 14, Bozso further teaches the gas purge subassembly is configured to operate sequentially with the laser subassembly (paragraph [0033] an inert gas is delivered through the gas conduit to the pipe section to be cleaned. After the introduction of the inert gas creates a favorable environment for laser transmission, laser elements in the laser head are activated.).
Claims 15-17 are rejected under 35 U.S.C. 103 as being unpatentable over of Bozso et al. U.S. Publication 2015/0165497 (henceforth referred to as Bozso), De Witt et al. U.S. Publication 2016/0251940 (henceforth referred to as De Witt) and Yin CN111910196 (henceforth referred to as Yin) as applied to claim 12 above, in further view of Yang et al. CN102614706 (henceforth referred to as Yang).
As to claim 15, Bozso, De Witt, and Yin differ from the instant claim in failing to teach the bottom surface of the assembly head body defines a plurality of acid jetting openings, the plurality of acid jetting openings comprising the acid jetting opening, the plurality of acid jetting openings being arranged with a wavy or linear pattern along a first direction on the bottom surface (However, Bozso’s openings 9 as shown in figure 1 are arranged in a linear pattern and would be capable of jetting acid).
Yang teaches a cleaning device (paragraph [0009] cleaning device). Yang teaches the bottom surface of the assembly head body defines a plurality of acid jetting openings, the plurality of acid jetting openings comprising the acid jetting opening, the plurality of acid jetting openings being arranged with a wavy or linear pattern along a first direction on the bottom surface (FIG. 1 paragraph [0025] acid washing nozzle 4 is arranged in a first direction).
Bozso, De Witt, and Yin do not teach a plurality of acid jetting openings arranged with a wavy or linear pattern. However, absent the demonstration of any new or unobvious results, the claimed configuration is considered by Examiner to be prima facie obvious as a rearrangement of parts. It is old and well known to rearrange parts, with no change in their respective functions, due to size/space design criteria, the manufacturing expense thereof or purely for aesthetics. See MPEP § 2144.04, VI, C. Rearrangement of Parts.
As to claim 16, Yang further teaches the bottom surface of the assembly head body defines a plurality of water jetting openings, the plurality of water jetting openings comprising the water jetting opening, the plurality of water jetting openings being arranged with a wavy or linear pattern along a second direction on the bottom surface (FIG. 1 paragraph [0025] water washing nozzle 7 is arranged in a linear pattern in a second direction).
It would have been obvious to rearrange the acid jetting openings and water jetting openings in a configuration as taught by Yang without changing their respective functions.
If applicant can demonstrate how the configuration of the acid jetting openings arranged along a first direction and the water jetting openings arranged along a second direction creates an advantageous jetting effect, the rejection will be withdrawn.
As to claim 17, Yang further teaches the second direction intersects with the first direction (the direction in which the acid washing nozzle 4 is arranged intersects with the direction in which the water washing nozzle 7 is arranged).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LAUREN G ORTA whose telephone number is (703)756-5455. The examiner can normally be reached Monday - Friday 7:30-5:00.
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/L.G.O./Examiner, Art Unit 1711
/MICHAEL E BARR/Supervisory Patent Examiner, Art Unit 1711