DETAILED ACTION
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 § 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 1-5, 7-11, 13-17, and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Klemm (US 20140123416 A1).
Regarding Claim 1: Klemm discloses (in at least figures 1-3, the description, and the claims) a pipeline passage indicator (fig.’s 1-3 and par.’s 21-27: pipeline pig signal 20 with filter pack 91 as sealing means 80) comprising:
a body member including an upper internal bore and a lower internal bore (fig. 2 and par.’s 21-23 : indicator assembly body 44 inside indicator assembly 22 comprising cavity toward upper end 57 and cavity comprising lower magnet area 29);
a flag attached to an upper end of the body member and moveable between a first position and a second position (fig. 1 and par.’s 21-22: flag 40. See also par. 24: “[…] flag 40 is released and pivoted into its activated position”);
an upper magnet disposed within the upper internal bore for movement between a first position and a second position (fig. 2 and par.’s 23-24: second magnet 56 located in cavity toward upper end 57. See par. 24: “As first magnet 32 moves toward second magnet 56 , the second magnet 56 moves between a first and second position, upward and away from the first magnet 32”);
a lower magnet disposed within the lower internal bore for movement between a first position and a second position (fig. 2 and par.’s 23-24: first magnet 32 in lower magnet area 29 located towards lower end 31. See par. 24: “As first magnet 32 moves toward second magnet 56 , the second magnet 56 moves between a first and second position, upward and away from the first magnet 32” );
a labyrinth member defining a circuitous flow path from a first end of the labyrinth member to a second end of the labyrinth member, and moveable between a first position and a second position (fig.’s 2-3: sealing means 80 comprising sliding filter pack 91. See par. 27: “[…] filter pack 91 is a stack of felt-type fabric layers 93 located between plastic washers 95 having flow-through holes 97 . This arrangement allows pipeline fluid to pass through the filter pack 91 but not debris and sludge as plunger 35 moves between the first and second positions as trigger 30 is activated.” See also par. 9); and
a trigger disposed adjacent the first end of the labyrinth member and moveable between a first position and a second position (fig. 2 and par.’s 22-26: trigger 30. See par. 24: “As the pig moves along the pipeline and past the pipeline pig signal 20 , the pig urges against the trigger 30 and causes the trigger 30 to move in axially upward within the plug assembly 24 and, therefore, the first magnet 32 to move between a first and second position toward the second magnet 56.” ).
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Regarding Claim 2: Klemm discloses the pipeline passage indicator of claim 1, wherein the labyrinth member includes a base member, a center disk, and a magnet holder, the lower magnet being at least partially positioned in a magnet bore in the magnet holder (fig.’s 2-3 and par. 27: magnet holder 73 with filter pack 91 comprising a centered stack of disk-shaped layers and magnet 32 contained in upper bore of magnet holder as shown in figures 2 and 3. Note: magnet holder 73 as taught by Klemm is analogous to the “base member” as claimed. Furthermore, the upper portion of 73 containing magnet 32 as taught by Klemm anticipates the “magnet holder” as claimed. I.e., Klemm labels the base structure as a magnet holder and said magnet holder comprises the “center disk” and “magnet holder” elements as presently claimed. See diagram above).
Regarding Claim 3: Klemm discloses the pipeline passage indicator of claim 2, wherein the base member includes a support plate and a central stem (fig.’s 2-3 and par. 27: magnet holder 73 comprises radial base below filter pack 91 with central stem extending upwards through shaft 71 of magnet holder ), and the center disk includes a disk body member (fig. 3 and par. 27: plastic washers 95) and a spacer extension extending from the disk body member, the spacer extension having a lower surface in contact with an upper surface of the support plate to define a flow space (fig. 3: shaft 71 extends from center disk layers of filter pack 91 to support plate base of magnet holder structure 71. See also diagram above. See also par. 27: “. This arrangement allows pipeline fluid to pass through the filter pack 91 but not debris and sludge as plunger 35 moves between the first and second positions as trigger 30 is activated” and par. 9).
Regarding Claim 4: Klemm discloses the pipeline passage indicator of claim 3, wherein the disk body member includes at least one flow aperture therethrough (fig. 3 and par. 27: plastic washers 95 have flow-through holes 97.).
Regarding Claim 5: Klemm discloses the pipeline passage indicator of claim 3, wherein the disk body member includes at least one pocket in a lower surface of the disk body member (fig. 3, par. 9, and par. 27: washers 95 are designed for blocking debris and are shown in figure 3 to comprise pockets in addition to flow-through holes 97. See diagram above. NOTE: Klemm discloses multiple plastic washers 95 in filter pack 91. Accordingly, the lower washer as shown in figure 3 comprises pockets on its respective lower surface.).
Regarding Claim 7: Klemm discloses the pipeline passage indicator of claim 2, wherein the center disk includes a central passageway extending therethrough, and the magnet holder includes a central passageway extending therethrough, the central stem mating with and extending through the central passageway in the center disk and the central passageway in the magnet holder (fig. 3. See diagram above.).
Regarding Claim 8: Klemm discloses the pipeline passage indicator of claim 2, wherein the base member includes a support plate having an outer surface, the outer surface of the support plate including at least one groove (fig.’s 2-3 and par. 27: magnet holder 73 comprises radial base below filter pack 91 with multiple grooves. See diagram above.), the center disk having a disk body member (fig. 3 and par. 27: plastic washers 95), the disk body member including at least one flow aperture therethrough, the at least one flow aperture being offset from the at least one groove (fig. 3 and par. 27: plastic washers 95 have flow-through holes 97 at various positions offset from grooves in support plate. See diagram above. ).
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Regarding Claim 9: Klemm discloses (in at least figures 1-3, the description, and the claims) a pipeline passage indicator (fig.’s 1-3 and par.’s 21-27: pipeline pig signal 20 with filter pack 91 as sealing means 80) comprising:
a body member including an upper internal bore, a lower internal bore (fig. 2 and par.’s 21-23 : indicator assembly body 44 inside indicator assembly 22 comprising cavity toward upper end 57 and cavity comprising lower magnet area 29), and an internal wall, the internal wall being disposed between the upper internal bore and the lower internal bore (fig. 2: inner wall dividing upper cavity and lower magnet area. See diagram depicting internal wall above);
a flag attached to an upper end of the body member and moveable between a first position and a second position (fig. 1 and par.’s 21-22: flag 40. See also par. 24: “[…] flag 40 is released and pivoted into its activated position”);
an upper magnet disposed within the upper internal bore for movement between a first position and a second position (fig. 2 and par.’s 23-24: second magnet 56 located in cavity toward upper end 57. See par. 24: “As first magnet 32 moves toward second magnet 56 , the second magnet 56 moves between a first and second position, upward and away from the first magnet 32”);
a lower magnet disposed within the lower internal bore for movement between a first position and a second position (fig. 2 and par.’s 23-24: first magnet 32 in lower magnet area 29 located towards lower end 31. See par. 24: “As first magnet 32 moves toward second magnet 56 , the second magnet 56 moves between a first and second position, upward and away from the first magnet 32” );
a base member disposed in the lower internal bore and including a central stem and a flow path (fig.’s 2-3 and par. 27: magnet holder 73 comprises radial base below filter pack 91 with central stem extending upwards through shaft 71 of magnet holder. See par. 27: “[…] filter pack 91 is a stack of felt-type fabric layers 93 located between plastic washers 95 having flow-through holes 97 . This arrangement allows pipeline fluid to pass through the filter pack 91 but not debris and sludge as plunger 35 moves between the first and second positions as trigger 30 is activated.” See also par. 9);
a center disk disposed in the lower internal bore, engaged with the central stem on the base member (fig.’s 2-3 and par. 27: magnet holder 73 with filter pack 91 comprising a centered stack of disk-shaped layers and magnet 32 contained in upper bore of magnet holder as shown in figures 2 and 3. Note: magnet holder 73 as taught by Klemm is analogous to the “base member” as claimed. Furthermore, the upper portion of 73 containing magnet 32 as taught by Klemm anticipates the “magnet holder” as claimed. I.e., Klemm labels the base structure as a magnet holder and said magnet holder comprises the “center disk” and “magnet holder” elements as presently claimed. See diagram above), and having a flow aperture offset from the flow path in the base member (fig. 3 and par. 27: plastic washers 95 have flow-through holes 97 at various positions offset from grooves in support plate. See diagram above. );
a magnet holder disposed in the lower internal bore and engaged with the central stem on the base member, the lower magnet being at least partially positioned in a magnet bore in the magnet holder (fig.’s 2-3 and par. 27: upper portion of 73 containing magnet 32 as taught by Klemm anticipates the “magnet holder” as claimed. I.e., Klemm labels the base structure as a magnet holder and said magnet holder comprises the “center disk” and “magnet holder” elements as presently claimed. See diagram above), the magnet holder including a flow path offset from the flow aperture in the center disk (fig. 3 and par. 27: plastic washers 95 have flow-through holes 97 at various positions offset from flow path created by grooves in magnet holder. See diagram above. ); and
a trigger disposed adjacent the base member, and moveable between a first position and a second position (fig. 2 and par.’s 22-26: trigger 30. See par. 24: “As the pig moves along the pipeline and past the pipeline pig signal 20 , the pig urges against the trigger 30 and causes the trigger 30 to move in axially upward within the plug assembly 24 and, therefore, the first magnet 32 to move between a first and second position toward the second magnet 56.” ).
Regarding Claim 10: Klemm discloses the pipeline passage indicator of claim 9, wherein the base member further includes a support plate (fig.’s 2-3 and par. 27: magnet holder 73 comprises radial base below filter pack 91), and the center disk includes a disk body member (fig. 3 and par. 27: plastic washers 95) and a spacer extension extending from the disk body member, the spacer extension having a lower surface in contact with an upper surface of the support plate to define a flow space (fig. 3: shaft 71 extends from center disk layers of filter pack 91 to support plate base of magnet holder structure 71. See also diagram above. See also par. 27: “This arrangement allows pipeline fluid to pass through the filter pack 91 but not debris and sludge as plunger 35 moves between the first and second positions as trigger 30 is activated” and par. 9).
Regarding Claim 11: Klemm discloses the pipeline passage indicator of claim 9, wherein a lower surface of the center disk includes at least one pocket (fig. 3, par. 9, and par. 27: washers 95 are designed for blocking debris and are shown in figure 3 to comprise pockets in addition to flow-through holes 97. See diagram above. NOTE: Klemm discloses multiple plastic washers 95 in filter pack 91. Accordingly, the lower washer as shown in figure 3 comprises pockets on its respective lower surface.).
Regarding Claim 13: Klemm discloses the pipeline passage indicator of claim 9, wherein the center disk includes a central passageway extending therethrough, and the magnet holder includes a central passageway extending therethrough, the central stem on the base member mating with and extending through the central passageway in the center disk and the central passageway in the magnet holder (fig. 3. See diagram above.).
Regarding Claim 14: Klemm discloses the pipeline passage indicator of claim 9, wherein the base member includes a support plate having an outer surface, the outer surface of the support plate including at least one groove (fig.’s 2-3 and par. 27: magnet holder 73 comprises radial base below filter pack 91 with multiple grooves. See diagram above.), the center disk having a disk body member (fig. 3 and par. 27: plastic washers 95), the disk body member including at least one flow aperture therethrough, the at least one flow aperture being offset from the at least one groove (fig. 3 and par. 27: plastic washers 95 have flow-through holes 97 at various positions offset from grooves in support plate. See diagram above. ).
Regarding Claim 15: Klemm discloses (in at least figures 1-3, the description, and the claims) pipeline passage indicator (fig.’s 1-3 and par.’s 21-27: pipeline pig signal 20 with filter pack 91 as sealing means 80) comprising:
a body member including an upper internal bore, a lower internal bore (fig. 2 and par.’s 21-23 : indicator assembly body 44 inside indicator assembly 22 comprising cavity toward upper end 57 and cavity comprising lower magnet area 29), and an internal wall, the internal wall being disposed between the upper internal bore and the lower internal bore (fig. 2: inner wall dividing upper cavity and lower magnet area. See diagram depicting internal wall above);
a flag attached to an upper end of the body member and moveable between a first position and a second position (fig. 1 and par.’s 21-22: flag 40. See also par. 24: “[…] flag 40 is released and pivoted into its activated position”);
an upper magnet disposed within the upper internal bore for movement between a first position and a second position (fig. 2 and par.’s 23-24: second magnet 56 located in cavity toward upper end 57. See par. 24: “As first magnet 32 moves toward second magnet 56 , the second magnet 56 moves between a first and second position, upward and away from the first magnet 32”);
a lower magnet disposed within the lower internal bore for movement between a first position and a second position (fig. 2 and par.’s 23-24: first magnet 32 in lower magnet area 29 located towards lower end 31. See par. 24: “As first magnet 32 moves toward second magnet 56 , the second magnet 56 moves between a first and second position, upward and away from the first magnet 32” );
a base member disposed in the lower internal bore and including a central stem (fig.’s 2-3 and par. 27: magnet holder 73 comprises radial base below filter pack 91 with central stem extending upwards through shaft 71 of magnet holder ) and a support plate, the support plate having an outer surface, the outer surface on the support plate including at least one groove (fig.’s 2-3 and par. 27: magnet holder 73 comprises radial base below filter pack 91 with multiple grooves. See diagram above.);
a center disk disposed in the lower internal bore, engaged with the central stem on the base member (fig.’s 2-3 and par. 27: magnet holder 73 with filter pack 91 comprising a centered stack of disk-shaped layers and magnet 32 contained in upper bore of magnet holder as shown in figures 2 and 3. Note: magnet holder 73 as taught by Klemm is analogous to the “base member” as claimed. Furthermore, the upper portion of 73 containing magnet 32 as taught by Klemm anticipates the “magnet holder” as claimed. I.e., Klemm labels the base structure as a magnet holder and said magnet holder comprises the “center disk” and “magnet holder” elements as presently claimed. See diagram above), and having at least one flow aperture therethrough, the at least one flow aperture being offset from the at least one groove in the outer surface of the support plate (fig. 3 and par. 27: plastic washers 95 have flow-through holes 97 at various positions offset from grooves in support plate. See diagram above. );
a magnet holder disposed in the lower internal bore and including a magnet body member and engaged with the central stem on the base member, the magnet body member having an outer surface including at least one groove, the at least one groove being offset from the at least one aperture in the center disk, the lower magnet being at least partially positioned in a magnet bore in the magnet body member (fig.’s 2-3 and par. 27: upper portion of 73 containing magnet 32 as taught by Klemm anticipates the “magnet holder” as claimed. I.e., Klemm labels the base structure as a magnet holder and said magnet holder comprises the “center disk” and “magnet holder” elements as presently claimed. See diagram above. See also fig. 3 and par. 27: plastic washers 95 have flow-through holes 97 at various positions offset from flow path created by grooves in magnet holder.); and
a trigger disposed adjacent the base member, and moveable between a first position and a second position (fig. 2 and par.’s 22-26: trigger 30. See par. 24: “As the pig moves along the pipeline and past the pipeline pig signal 20 , the pig urges against the trigger 30 and causes the trigger 30 to move in axially upward within the plug assembly 24 and, therefore, the first magnet 32 to move between a first and second position toward the second magnet 56.” ).
Regarding Claim 16: Klemm disclose the pipeline passage indicator of claim 15, wherein the center disk includes a disk body member (fig. 3 and par. 27: plastic washers 95) and a spacer extension extending from the disk body member, the spacer extension having a lower surface in contact with an upper surface of the support plate of the base member to define a flow space between the base member and the center disk (fig. 3: shaft 71 extends from center disk layers of filter pack 91 to support plate base of magnet holder structure 71. See also diagram above. See also par. 27: “. This arrangement allows pipeline fluid to pass through the filter pack 91 but not debris and sludge as plunger 35 moves between the first and second positions as trigger 30 is activated” and par. 9).
Regarding Claim 17: Klemm discloses the pipeline passage indicator of claim 15, wherein a lower surface of the center disk includes at least one pocket (fig. 3, par. 9, and par. 27: washers 95 are designed for blocking debris and are shown in figure 3 to comprise pockets in addition to flow-through holes 97. See diagram above. NOTE: Klemm discloses multiple plastic washers 95 in filter pack 91. Accordingly, the lower washer as shown in figure 3 comprises pockets on its respective lower surface.).
Regarding Claim 19: Klemm discloses the pipeline passage indicator of claim 15, wherein the center disk includes a central passageway extending therethrough, and the magnet holder includes a central passageway extending therethrough, the central stem on the base member mating with and extending through the central passageway in the center disk and the central passageway in the magnet holder, and the base member, center disk, and magnet holder are connected to each other (fig. 3. See diagram above.).
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 6, 12, and 18, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Klemm.
Regarding Claims 6, 12, and 18: Klemm discloses the pipeline passage indicator of claim 2, wherein the magnet holder includes a magnet body member (fig.’s 2-3 and par. 27: upper portion of 73 containing magnet 32 as taught by Klemm anticipates the “magnet holder” as claimed. I.e., Klemm labels the base structure as a magnet holder and said magnet holder comprises the “center disk” and “magnet holder” elements as presently claimed. See diagram above. See also fig. 3 and par. 27: plastic washers 95 have flow-through holes 97 at various positions offset from flow path created by grooves in magnet holder.), and a lower surface including at least one pocket disposed therein (fig. 3, par. 9, and par. 27: washers 95 are designed for blocking debris and are shown in figure 3 to comprise pockets in addition to flow-through holes 97. See diagram above. NOTE: Klemm discloses multiple plastic washers 95 in filter pack 91. Accordingly, the lower washer as shown in figure 3 comprises pockets on its respective lower surface.).
Klemm does not disclose the lower surface of the magnet body member including at least on pocket disposed therein.
However, the embodiment of the present invention including at least on pocket on the lower surface of the magnet body member is an obvious variant of the embodiment disclosed by Klemm, wherein debris pockets are disposed on the lower surfaces of multiple parts to collect contaminants in order to further prevent sludge and debris from entering upper portions of the signal body (Klemm par.’s 5-7 and par. 27).
Applicant does not show the criticality of said at least one pocket being disposed on a lower surface of explicitly the magnet body member. On page 18 paragraph [0038] of the specification filed March 3rd, 2024, the applicant discloses that “Although specific embodiments of the inventions have been described, various modifications, alterations, alternative constructions, and equivalents are also encompassed within the scope of the inventions.”
Therefore, it would have been obvious to person having ordinary skill in the art before the effective filing date of the claimed invention to additionally include at least on pocket disposed on the lower surface of the magnet body member as a matter of design choice without unexpected results. Furthermore, it is not apparent that the prior art would be adversely affected by the change.
Regarding Claim 20: Klemm discloses the pipeline passage indicator of claim 19, wherein the central stem on the base member has a cross section, the central passageway of the center disk has cross section configured to matingly engage with the central stem, and the central passageway of the magnet holder has a cross section configured to matingly engage with the central stem (fig.’s 2-3 and par. 27: magnet holder 73 comprises radial base below filter pack 91 with central stem extending upwards through shaft 71 of magnet holder allowing for mating engagement through magnet holder 73).
Klemm does not disclose wherein the cross section is explicitly a square cross section.
However, it has been held In re Dailey 149 USPQ 47 (CCPA 1966) that changes in shape are generally recognized as being within the level of ordinary skill in the art. See MPEP 2144.04(IV)(A-B). In the present instance, it would have been obvious for one of ordinary skill in the art to modify the cross section of Klemm’s central stem to be a square cross section, thereby contributing to a fluid indicating means that is robust, easily installed, and allows for slidable engagement between first and second positions (See Klem fig. 3, par.’s 5-7, and par. 27). Furthermore, changing the shape of the cross section does not adversely affect the prior art, nor does the square shape appear to be critical to the current invention.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure includes: i. Rankin (US 20080276859 A1) discloses certain limitations of the indicator according to claims 1-4, 7, 9-10, 15, and 19.
ii. Campbell (US 5263220 A) discloses certain limitations of the indicator according to claims 1-3, 9-10, 15, and 19.
ii. Crane (US 20210296970 A1) discloses certain limitations of the indicator according to claims 5-7, 11-13, and 17-19.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EVAN MANCINI whose telephone number is (703)756-5796. The examiner can normally be reached Mon-Fri 8AM-5PM.
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/EVAN MANCINI/Examiner, Art Unit 2855
/KRISTINA M DEHERRERA/Supervisory Patent Examiner, Art Unit 2855 6/1/26
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