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 .
Election/Restrictions
In the amendment dated January 5, 2026, claims 18-28 were cancelled as being drawn to a nonelected invention. Election was made without traverse in the reply filed on January 5, 2026.
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.
Claims 1-17 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Claim 1 recites “to place adhesive on the tank-facing side of the mount” in lines 14-15. It is unclear whether this is referring to the “adhesive” recited in line 7 or a different adhesive. For purposes of examination, this limitation will be interpreted as “to place the adhesive on the tank-facing side of the mount.”
Claim 7 recites “to place adhesive on the first side” in line 13. It is unclear whether this is referring to the “adhesive” recited in line 5 or a different adhesive. For purposes of examination, this limitation will be interpreted as “to place the adhesive on the first side.”
Claims 2-6 and 8-17 are also rejected through their dependence on a rejected parent claim (details above).
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.
Claims 1-4 and 6 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by U.S. Pat. 7,413,790 to Hutter, III (hereinafter, “Hutter”).
Regarding claim 1, Hutter discloses a device (attachment assembly 10, see Figs. 1-5) configured to couple a rounding ring to a tank (attachment assembly 10 is capable of coupling a rounding ring to a tank), the device comprising: a bracket (structure 16, Fig. 3) having a first leg (annotated Fig. 3 below) angled relative to a second leg (annotated Fig. 3), the first leg (annotated Fig. 3) comprising a tank-facing side (annotated Fig. 3) and a first opening (port 36, Fig. 3), the second leg (annotated Fig. 3) configured to couple to the rounding ring (second leg is capable of being coupled to a rounding ring); a mount (attachment component 12, Fig. 3) comprising a tank-facing side (annotated Fig. 3) and a stud (shank 20, Fig. 3) on a second side (annotated Fig. 3) opposite the tank-facing side (annotated Fig. 3), the tank-facing side (annotated Fig. 3) of the mount (attachment component 12) configured to place an adhesive (bonding agent 28, Fig. 3) into contact with the tank (substrate 14 is capable of being a tank, see Fig. 3) when the stud (shank 20) is inserted into the first opening (port 36) of the bracket (structure 16) via the tank-facing side (annotated Fig. 3) of the first leg of the bracket (annotated Fig. 3); a spring (spring element 34, Fig. 2; col. 4, ll. 29-50) between the second side of the mount (annotated Fig. 3) and the tank-facing side (annotated Fig. 3) of the first leg (annotated Fig. 3) of the bracket (structure 16) when the stud (shank 20) is inserted into the first opening (port 36) of the bracket (structure 16, Figs. 2-3); and a nut (nut 38, Fig. 3) configured to couple to the stud (shank 20) and compress the spring (spring element 34) when the stud (shank 20) is inserted into the first opening (port 36) of the bracket (structure 16) and the second leg (annotated Fig. 3) is coupled to the rounding ring (second leg is capable of being coupled to a rounding ring), wherein movement of the nut (nut 38) away from the mount (attachment component 12) uncompresses the spring (spring element 34) to place adhesive (bonding agent 28) on the tank-facing side of the mount (annotated Fig. 3) into contact with the tank (the device is configured such that when nut 38 is loosened, spring element 34 decompresses so the bonding agent 28 can contact the substrate 14, see Figs. 2-3).
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Hutter Annotated Figure 3
Regarding claim 2, Hutter further discloses when the adhesive (bonding agent 28) is placed into contact with the tank (substrate 14), the mount (attachment component 12) is configured to apply about 2.5 to about 5 pounds per square inch pressure on the adhesive (the mount is capable of applying 2.5 to 5 psi pressure, depending on how the nut 38 is adjusted).
Regarding claim 3, Hutter further discloses the stud (shank 20) is a threaded stud (see Fig. 3; col. 4, ll. 29-33), and wherein unthreading the nut (nut 38) from the stud (shank 20) moves the nut (nut 38) away from the mount (attachment component 12) to uncompress the spring (spring element 34).
Regarding claim 4, Hutter further discloses the spring (spring element 34) is configured to be received around an outer diameter of the stud (shank 20, see Fig. 2).
Regarding claim 6, Hutter further discloses the device (attachment assembly 10) is configured to couple the rounding ring to a tank having an outer diameter of 20 feet or more (the attachment assembly 10 is capable of coupling a rounding ring to a large tank, see e.g., col. 1, ll. 20-38).
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 7, 8, and 10-17 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Pub. 2014/0144887 to Claudel et al. (hereinafter, “Claudel”) in view of U.S. Pat. 3,952,936 to Dearman (hereinafter, “Dearman”) and U.S. Pat. 7,055,360 to Hamerski et al. (hereinafter, “Hamerski”).
Regarding claim 7, Claudel discloses a system (see Fig. 6A) comprising: a rounding ring (frame 10, Fig. 6A) positioned around a circumference of a tank (liner 2b, Fig. 6A).
Claudel further shows that the system includes a plurality of brackets arranged circumferentially about the tank and that each have a portion contacting the tank to position the tank for welding (see Fig. 6A; paras. [0083]-[0087]). However, Claudel does not expressly disclose an angled bracket comprising a tank-facing leg and a ring-facing leg; a flanged post comprising a first side and a second side, the first side configured to place an adhesive into contact with the tank when the flanged post is inserted into an opening in the tank-facing leg of the angled bracket; an elastic device between the second side of the flanged post and the tank-facing leg of the angled bracket when the flanged post is inserted into the opening of the angled bracket; and a fastener configured to couple to the flanged post and compress the elastic device when the flanged post is inserted into the opening of the angled bracket and the ring-facing leg is coupled to the rounding ring, wherein movement of the fastener away from the tank-facing leg uncompresses the elastic device to place adhesive on the first side of the flanged post into contact with the tank.
Dearman teaches a similar system comprising a rounding ring positioned around a circumference of a tube for welding (see Fig. 3). Dearman teaches a plurality of angled brackets (body 20, Fig. 3) at a plurality of locations about a circumference of the tube (see Fig. 3). Dearman teaches each angled bracket having a tank-facing leg and a ring-facing leg (annotated Fig. 3 below). Dearman teaches a flanged post (screw 25 with foot 26, Fig. 3) comprising a first side and a second side (annotated Fig. 3). Dearman teaches the first side (annotated Fig. 3) contacts the tank when the flanged post (screw 25 with foot 26) is inserted into an opening in the tank-facing leg (annotated Fig. 3). Dearman teaches a fastener (threads on screw 25) configured to couple to the flanged post when the flanged post is inserted into the opening of the angled bracket (see Fig. 3) and the ring-facing leg is coupled to the rounding ring (band 5, Fig. 3). Dearman teaches a second fastener (pin 23, Fig. 3) configured to couple the ring-facing leg of the angled bracket (annotated Fig. 3) to the rounding ring (band 5), wherein the ring-facing leg of the angled bracket (annotated Fig. 3) comprises a second opening configured to receive the second fastener (opening that receives pin 23, see Fig. 3). Dearman further teaches that this system arrangement permits a welder to position the tube as desired (col. 4, ll. 1-15).
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Dearman Annotated Figure 3
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the system of Claudel to have a plurality of angled brackets with a tank-facing leg and a ring-facing leg and a threaded flanged post as taught by Dearman for the purpose of permitting a welder to position the tank as desired, as recognized by Dearman (see col. 4, ll. 1-15), and because it is no more than a simple substitution of one bracket arrangement for another that is known in the art for the intended use of positioning a cylindrical object for welding and would only produce predictable results (MPEP 2143(I)(B)).
Claudel as modified by Dearman does not expressly disclose the first side configured to place an adhesive into contact with the tank when the flanged post is inserted into an opening in the tank-facing leg of the angled bracket, an elastic device between the second side of the flanged post and the tank-facing leg of the angled bracket when the flanged post is inserted into the opening of the angled bracket, the fastener configured to couple to compress the elastic device when the flanged post is inserted into the opening of the angled bracket, and wherein movement of the fastener away from the tank-facing leg uncompresses the elastic device to place adhesive on the first side of the flanged post into contact with the tank.
Hamerski teaches a system for applying force to a work piece without damaging the workpiece (Abstract). Hamerski teaches the system includes a bracket (body member 104, Fig. 3) having a tank-facing leg (annotated Fig. 3 below). Hamerski teaches a flanged post (plunger 106, Fig. 3) with a first side (head 116, Fig. 3) configured to place an adhesive (adhesive strip 108b, Fig. 3) in contact with the workpiece (surface 110, Fig. 3) when the flanged post (plunger 106) is inserted into an opening (opening 112, Fig. 3) in the tank-facing leg of the bracket (annotated Fig. 3). Hamerski teaches an elastic device (spring 120, Fig. 3) between a second side of the flanged post (annotated Fig. 3) and the tank-facing leg of the bracket (annotated Fig. 3). Hamerski teaches the elastic device (spring 120) comprises a helical compression spring received around an outer diameter of the flanged post (see Fig. 3; col. 5, ll. 32-54). Hamerski teaches a fastener (element 114, Fig. 3) configured to couple to the flanged post (plunger 106) and compress the elastic device when the flanged post is inserted into the opening of the angled bracket (see Fig. 3; col. 5, ll. 32-54). Hamerski teaches that this system with an adhesive and an elastic member “can be used for a wide variety of uses and applications” (col. 2, ll. 27-31) and can be used with a wide variety of surfaces (col. 1, ll. 37-42). Hamerski teaches that the system provides a clamping or pulling force to a surface and allows the device to still be easily removed from the surface without damaging the surface or leaving unwanted residue (col. 1, ll. 29-38).
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Hamerski Annotated Figure 3
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the system of Claudel/Dearman to add an elastic device between the second side of the flanged post and the tank-facing leg of the angled bracket, and an adhesive to the first side of the flanged post as taught by Hamerski for the purpose of providing a clamping or pulling force to the surface while still being easily removable and not damaging the surface, as recognized by Hamerski (col. 1, ll. 29-38). The system of Claudel/Dearman as modified by Hamerski would have the movement of the fastener away from the tank facing leg uncompress the elastic device, and put the adhesive into contact with the tank.
Regarding claim 8, Claudel as modified by Dearman already includes a plurality of angled brackets (Claudel, Fig. 6A; Dearman, Fig. 3) configured to couple the rounding ring (Claudel, frame 10; Dearman, band 5) to the tank at a plurality of locations around the circumference of the tank (Claudel, Fig. 6A; Dearman, Fig. 3).
Regarding claim 10, Claudel as modified by Dearman already includes at least one angled bracket (Dearman, Fig. 3) of the plurality of angled brackets (Dearman, Fig. 3) couples the rounding ring (Claudel, frame 10; Dearman, band 5) to the tank (Claudel, liner 2b) every 45 degrees along the circumference of the tank (Claudel, Fig. 6A).
Regarding claim 11, Claudel as modified by Dearman and Hamerski already includes when the adhesive (Hamerski, adhesive strip 108b) is placed into contact with the tank (Hamerski, see Fig. 3), the first side of the flanged post (Hamerski, annotated Fig. 3) is configured to apply about 2.5 to about 5 pounds per square inch pressure on the adhesive (the post of Hamerski is capable of applying 2.5 to 5 psi, depending on the adjustment of element 114, see Fig. 3).
Regarding claim 12, Claudel as modified by Dearman and Hamerski already includes the elastic device (Hamerski, spring 120) comprises a helical compression spring (Hamerski, see Fig. 3) configured to be received around an outer diameter of the flanged post (Hamerski, see Fig. 3; col. 5, ll. 32-54).
Regarding claim 13, Claudel as modified by Dearman already includes a second fastener (Dearman, pin 23) configured to couple the ring-facing leg of the angled bracket (Dearman, annotated Fig. 3) to the rounding ring (Dearman, see Fig. 3), wherein the ring-facing leg of the angled bracket (Dearman, annotated Fig. 3) comprises a second opening configured to receive the second fastener (Dearman, opening that receives pin 23, see Fig. 3).
Regarding claim 14, Claudel further discloses the system is configured to couple the rounding ring (Claudel, frame 10) to a tank (Claudel, liner 2b) having an outer diameter of 20 feet or more (Claudel, para. [0015]).
Regarding claim 15, Claudel as modified by Dearman and Hamerski already includes the system is configured to allow the tank to deform (Dearman, see col. 1, ll. 67-68; col. 2, ll. 1-14) along an axis of the flanged post (the axis of the flanged post is the radial direction; see Claudel, Fig. 3; Dearman, Fig. 3) when the adhesive on the first side of the flanged post (Hamerski, adhesive strip 108b) is placed into contact with the tank (Hamerski, see Fig. 3; Dearman, Fig. 3).
Regarding claim 16, Claudel as modified by Dearman and Hamerski already includes the system is configured to allow the tank to deform (Dearman, see col. 1, ll. 67-68; col. 2, ll. 1-14) radially with respect to the rounding ring (see e.g., Claudel, Fig. 3; Dearman, Fig. 3) when the adhesive on the first side of the flanged post (Hamerski, adhesive strip 108b) is placed into contact with the tank (Hamerski, see Fig. 3; Dearman, Fig. 3).
Regarding claim 17, Claudel as modified by Dearman and Hamerski already includes the angled bracket (Dearman, body 20) is configured to allow the tank (Claudel, liner 2b) to be coupled to the rounding ring (Claudel, frame 10; Dearman, band 5) when a major axis of the tank is parallel to the ground (see Claudel, Fig. 6A; Dearman, Fig. 3).
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Hutter as applied to claim 1 above, and further in view of Dearman.
Regarding claim 5, Hutter does not expressly disclose the second leg of the bracket comprises a second opening configured to receive a fastener configured to couple the second leg of the bracket to the rounding ring.
Dearman teaches a system comprising an angled bracket (body 20, Fig. 3) having a tank-facing leg and a ring-facing leg (annotated Fig. 3 above). Dearman teaches a mount and stud (screw 25 with foot 26, Fig. 3). Dearman teaches the mount contacts a pipe when the stud (screw 25 with foot 26) is inserted into an opening in the tank-facing leg (annotated Fig. 3). Dearman teaches the ring-facing leg of the bracket comprises a second opening (opening that receives pin 23, Fig. 3) configured to receive a fastener (pin 23, Fig. 3) to couple the second leg of the bracket to a rounding ring (see Fig. 3).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Hutter to add a second opening to the second leg of the bracket that is capable of receiving a fastener to couple the second leg to a structure such as a rounding ring, as taught by Dearman for the purpose of enabling the bracket to be secured to another structure.
Allowable Subject Matter
Claim 9 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 9, none of Claudel, Dearman, Hamerski, or Hutter disclose a tank-facing leg of a first angled bracket is longer than the tank-facing leg of a second angled bracket of the plurality of angled brackets arranged around the circumference of the tank. It would not have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Claudel, Dearman, Hamerski, and/or Hutter to have such an arrangement in combination with the other claim elements without hindsight.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
U.S. Pat. 3,129,836 to Frevel discloses a system for supporting a tank comprising a plurality of brackets and springs placed circumferentially about the tank (see Figs. 1-4).
U.S. Pat. 2,562,601 to Caquot et al. discloses a system for supporting a tank comprising a plurality of brackets, each having a mount with a stud and a nut (see Figs. 1-3).
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/LAURA E. PARKER/Examiner, Art Unit 3733