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 .
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 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.
Election/Restriction
Applicant’s election without traverse of Group I (Species shown in Figs. 2-3 and 5) in the reply filed on 07 August 2026 is acknowledged.
No Claims were withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Group, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 07 August 2026.
In the reply filed on 07 August 2026, the applicant’s representative had not stated which Claim(s) are pending The examiner left a voicemail on 04 September 2026 with the applicant’s representative, with no reply. Thus, the examiner understands that Claim(s) 6 and 10 appear to read on non-elected Group II (Species shown in Figs. 6-7),since Group II requires hardware including a non-circular profile and hardware locator including a locating bracket to locate the hardware.
Claims 1-5 and 7-9 (reading on elected Group I - the Species shown in Figs. 2-3 and 5) filed on 02 May 2024 will be further examined in this action.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character "252" in Fig. 4 has been used to designate both "a first fastening member" and "a fifth fastening member".
Reference numeral “252” in Fig. 4, which refers to a "fifth fastening member 252" (¶ [0029] in the applicant's originally filed specification) appears to be repeated in lieu of utilizing reference numeral "218" when referring to the element which appears to be a "first fastening member 218" (¶ [0022] in the applicant's originally filed specification).
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112(b)
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.
Claim 4 is 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(s) 4 includes “at least one third fastening member” (line 2) without indicating a “first fastening member” and a “second fastening member”. So, it is confusing whether it depends on Claim 1 as stated or Claim 3 which states “a first fastening member” and “a second fastening member” (lines 2-3). The claim language is unclear, thus rendering the claim indefinite.
For examination purposes, the examiner understands that Claim 4 depends onto Claim 3.
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.
Claim(s) 1, 3, 5, 7 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sury (US 2844874, see reference in its entirety) in view of Coe (US 1915924, see reference in its entirety).
With respect to independent Claim 1, Sury disclose(s): An apparatus (see annotated Fig. 1 below) for locating a hardware (see annotated Fig. 1 below), at a desired location on a tubular structure of a machine(Fig. 1: 10), the apparatus comprising:
linear element (Fig. 1: 60) extending along a longitudinal axis (Fig. 1), and defining a first end and a second end (see annotated Fig. 1 below), wherein the linear element includes a plurality of linear reference indicia thereon (Fig. 1 and col. 2, line 19);
a slider (Fig. 1: 68) coupled to the linear element (Fig. 1), wherein the linear element is linearly slidable relative to the slider along the longitudinal axis to dispose the slider at any one of the plurality of linear reference indicia based on the desired location of the hardware (Fig. 1);
an angular element (see annotated Fig. 1 below) adapted to be coupled with and at least partially surround the tubular structure (Fig. 1), wherein the slider is angularly slidable relative to the angular element (Fig. 1), wherein the angular element includes a plurality of angular reference indicia thereon (Fig. 1: 22), and wherein the slider is disposable at any one of the plurality of angular reference indicia based on the desired location of the hardware (Fig. 1);
a hardware locator (see annotated Fig. 1 below) coupled to the linear element at the first end thereof (see annotated Fig. 1 below), wherein the hardware locator is adapted to engage with the hardware to locate the hardware at the desired location on the tubular structure (Fig. 1); and
a reference hardware locator (see annotated Fig. 1 below) coupled to the angular element (see annotated Fig. 1 below), wherein the angular element is coupled to the tubular structure such that the reference hardware locator engages with a pre-existing element on the tubular structure (Fig. 1 and col. 2, lines 34-37; a center hole is considered a pre-existing element), and wherein the pre-existing element is used as a reference to locate the hardware at the desired location on the tubular structure (Fig. 1 and col. 2, lines 37-45).
Sury does not specifically disclose: wherein a pre-existing element is a pre-existing hardware mount on the tubular structure.
However, Coe teach(es) an apparatus (Fig. 1) including: wherein a pre-existing element is a pre-existing hardware (Fig. 1: 10) mounted on the tubular structure (Fig. 1).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide Sury, with the teachings of Coe, for the purpose of facilitating a guide (page 1, lines 1-6).
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With respect to Claim 3, Sury and Coe teach(es) the apparatus of Claim 1.
Sury further disclose(s): wherein the slider includes a first fastening member (Fig. 1: 79) that couples the slider with the linear element (Fig. 1) and a second fastening member (Fig. 2: 38) that couples the slider with the angular element (Fig. 2).
With respect to Claim 5, Sury and Coe teach(es) the apparatus of Claim 1.
Sury further disclose(s): wherein, when the hardware includes a circular profile (see annotated Fig. 1 above), the hardware locator includes a bush (Fig. 1: 80) to locate the hardware at the desired location on the tubular structure (Fig. 1).
With respect to independent Claim 7, Sury disclose(s): A system (Fig. 1) for locating a hardware (see annotated Fig. 1 below), at a desired location on a tubular structure of a machine(Fig. 1: 10), the system comprising:
a pre-existing element on the tubular structure (Fig. 1 and col. 2, lines 34-37; a center hole is considered a pre-existing element), wherein the pre-existing element is used as a reference to locate the hardware at the desired location on the tubular structure (Fig. 1 and col. 2, lines 37-45); and
an apparatus (see annotated Fig. 1 below) adapted to locate the hardware at the desired location on the tubular structure using the pre-existing hardware as the reference (Fig. 1 and col. 2, lines 37-45), the apparatus including:
a linear element (Fig. 1: 60) extending along a longitudinal axis (Fig. 1), and defining a first end and a second end (see annotated Fig. 1 below), wherein the linear element includes a plurality of linear reference indicia thereon (Fig. 1 and col. 2, line 19);
a slider (Fig. 1: 68) coupled to the linear element (Fig. 1), wherein the linear element is linearly slidable relative to the slider along the longitudinal axis to dispose the slider at any one of the plurality of linear reference indicia based on the desired location of the hardware (Fig. 1);
an angular element (see annotated Fig. 1 below) adapted to be coupled with and at least partially surround the tubular structure (Fig. 1), wherein the slider is angularly slidable relative to the angular element (Fig. 1), wherein the angular element includes a plurality of angular reference indicia thereon (Fig. 1: 22), and wherein the slider is disposable at any one of the plurality of angular reference indicia based on the desired location of the hardware (Fig. 1);
a hardware locator (see annotated Fig. 1 below) coupled to the linear element at the first end thereof (see annotated Fig. 1 below), wherein the hardware locator is adapted to engage with the hardware to locate the hardware at the desired location on the tubular structure (Fig. 1); and
a reference hardware locator (see annotated Fig. 1 below) coupled to the angular element (see annotated Fig. 1 below), wherein the angular element is coupled to the tubular structure such that the reference hardware locator engages with the pre-existing element on the tubular structure (Fig. 1 and col. 2, lines 37-45).
Sury does not specifically disclose: wherein a pre-existing element is a pre-existing hardware mount on the tubular structure.
However, Coe teach(es) an apparatus (Fig. 1) including: wherein a pre-existing element is a pre-existing hardware (Fig. 1: 10) mounted on the tubular structure (Fig. 1).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide Sury, with the teachings of Coe, for the purpose of facilitating a guide (page 1, lines 1-6).
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With respect to Claim 9, Sury and Coe teach(es) the system of Claim 7.
Sury further disclose(s): wherein, when the hardware includes a circular profile (see annotated Fig. 1 above), the hardware locator includes a bush (Fig. 1: 80) to locate the hardware at the desired location on the tubular structure (Fig. 1).
Claim(s) 2 and 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sury and Coe further in view of Howard (US 2408517; see reference in its entirety).
Regarding Claim(s) 2, Sury and Coe disclose(s) the apparatus of Claim 1.
Sury further disclose(s): when the angular element is coupled to the tubular structure (Fig. 3).
The combination does not specifically disclose: wherein the apparatus includes a supporting
block slidably coupled to the linear element and disposed between the slider and the hardware locator, and wherein the supporting block abuts with the tubular structure.
However, Howard teach(es) an apparatus (Fig. 1) including: wherein the apparatus includes a supporting block (Fig. 1: 75) slidably coupled to the linear element and disposed between the slider and the hardware locator (Fig. 1), and wherein the supporting block abuts with the tubular structure (Fig. 1).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide Sury and Coe with the further teachings of Howard, for the purpose of adapting to be in substantial engagement with the tubular structure (col. 4, lines 24-25).
Regarding Claim(s) 8, Sury and Coe disclose(s) the system of Claim 7.
Sury further disclose(s): when the angular element is coupled to the tubular structure (Fig. 3).
The combination does not specifically disclose: wherein the apparatus includes a supporting
block slidably coupled to the linear element and disposed between the slider and the hardware locator, and wherein the supporting block abuts with the tubular structure.
However, Howard teach(es) an apparatus (Fig. 1) including: wherein the apparatus includes a supporting block (Fig. 1: 75) slidably coupled to the linear element and disposed between the slider and the hardware locator (Fig. 1), and wherein the supporting block abuts with the tubular structure (Fig. 1).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide Sury and Coe with the further teachings of Howard, for the purpose of adapting to be in substantial engagement with the tubular structure (col. 4, lines 24-25).
As best understood: Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sury and Coe further in view of Uskert (US 2791031; see reference in its entirety).
Regarding Claim(s) 4, Sury and Coe disclose(s) the apparatus of Claim 3.
Sury further disclose(s): wherein the angular element includes at least one third fastening member (Fig. 2: 26).
The combination does not specifically disclose: at least one magnet and wherein the at least one magnet couple the angular element with the tubular structure.
However, Uskert teach(es) an apparatus (Fig. 1) including: at least one magnet (Fig. 1: 40) and wherein the at least one magnet couple the angular element with the tubular structure (Fig. 1).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide Sury and Coe with the further teachings of Uskert, for the purpose of releasably securing to the tubular structure (col. 4, lines 11-19).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure.
The following reference(s) relate(s) to apparatus for locating hardware on tubular structure: Gerber (US 1907954); Galezniak (US 3166620); Wagner (US 1886855); Day (US 1698154); Jackson (US 4964224); Baker (US 3682455).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kristina Deherrera can be reached at (303)297-4237. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TC/
5 September 2026
/KRISTINA M DEHERRERA/Supervisory Patent Examiner, Art Unit 2855
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