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 .
Subject Matter not Disclosed in the Prior Filed Application 17/677,706; Current
Application is a CIP, not a Continuation, of the Prior Filed Application
Applicant states that this application is a continuation application of the prior-filed application 17/677,706. A continuation or divisional application cannot include new matter. Applicant is required to delete the benefit claim or change the relationship (continuation or divisional application) to continuation-in-part because this application contains the following matter not disclosed in the prior-filed application:
The following limitations were not described in the prior application disclosure, claims or drawings. Accordingly, Applicant was not in possession of these limitations until the filing date of the current application.
i. Claim 1, a first inner shell spinner bolt flange configured as a collar with an interior to surround the exterior of the inner shell and an exterior face having a plurality of apertures positioned in and around a perimeter of the exterior face and wherein the first inner shell spinner bolt flange contacts and abuts the inner shell rim at the first end.
ii. Claim 1, a second inner shell spinner bolt flange configured as a collar with an interior to surround the exterior of the inner shell and an exterior face having a plurality of apertures positioned in and around a perimeter of the exterior face and wherein the second inner shell spinner bolt flange contacts and abuts the inner shell rim at the second end.
iii. Claim 5, the first inner shell spinner bolt flange and the second inner shell spinner bolt flange are rotatable around the inner shell.
iv. Claim 10, the first inner shell spinner bolt flange and the second inner shell spinner bolt flange are rotatable around the perimeter of the inner shell and movable along the axial dimension of the intermediate body portion of the inner shell and wherein a first gasket having a plurality of apertures is affixed to the face of the first inner shell spinner bolt flange and a second gasket having a plurality of apertures is affixed to second inner shell spinner bolt flange.
v. Claim 11, a plurality of fasteners may be positioned in the plurality of apertures of the first inner shell spinner bolt flange and the plurality of apertures of the first gasket when aligned.
vi. Claim 12, a first inner shell spinner bolt flange configured as a collar with an interior to surround the exterior of the first inner shell and an exterior face having a plurality of apertures positioned in and around a perimeter of the exterior face and wherein the first inner shell spinner bolt flange contacts and abuts the inner shell rim at the first end. This applies to both the first and second duct sections.
vii. Claim 12, a second inner shell spinner bolt flange configured as a collar with an interior to surround the exterior of the first inner shell and an exterior face having a plurality of apertures positioned in and around a perimeter of the exterior face and wherein the second inner shell spinner bolt flange contacts and abuts the inner shell rim at the second end. This applies to both the first and second duct sections.
viii. Claim 12, the gasket positioned between the second inner shell spinner bolt flange of the first prefabricated chimney duct section and the abutting first inner shell spinner bolt flange of the second prefabricated chimney duct section, wherein the apertures of the gasket and the apertures of the second inner shell spinner bolt flange of the first prefabricated chimney duct section and the apertures of the first inner shell spinner bolt flange of the second section are aligned.
ix. Claim 12, a plurality of fasteners inserted into and through the aligned apertures of the gasket and the apertures of the second inner shell spinner bolt flange of the first prefabricated chimney duct section and the apertures of the first inner shell spinner bolt flange of the second prefabricated chimney duct section.
x. Claim 12, the first and second inner shell spinner bolt flanges are rotatable around the perimeter of the inner shell and movable along the axial dimension of the intermediate portion of the inner shell and wherein a first gasket having a plurality of apertures is affixed to the exterior face of the first inner shell spinner bolt flange and a second gasket having a plurality of apertures is affixed to the exterior face of the second inner shell spinner bolt flange.
xi. The new Figures 15, 15A and 15B contain new matter relative to the prior filed application. The new elements inner shell spinner bolt flange 58, inner shell spinner bolt flange aperture 58a, and leak-free joint seal 59 between inner shell spinner bolt flanges were not shown in the prior application.
xii. The specification as amended 18 June 2026 contains new matter relative to the prior filed application. This is not new matter because it is support by the originally filed claims of the current application. However, it is new matter relative the prior filed application. On page 6 of the marked-up copy, the new elements inner shell spinner bolt flange 58, inner shell spinner bolt flange aperture 58a, and leak-free joint seal 59 between inner shell spinner bolt flanges were not shown in the prior application. On page 27 of the marked-up copy, the joint leak-free seal 59 between inner shell spinner bolt flanges as seen in Figure 15AA (not entered) was not shown in the prior application. On page 28 of the marked-up copy, the new elements inner shell spinner bolt flange 58 and inner shell spinner bolt flange apertures 58a were not shown in the prior application. On page 29 of the marked-up copy, the new elements inner shell spinner bolt flanges 58 were not shown in the prior application. On page 30 of the marked-up copy, the new elements inner shell spinner bolt flange 58 and apertures 58a were not shown in the prior application. The above noted new elements were also added to page 31-32 of the marked-up copy. The above noted language is more clearly seen in the marked up copy of the specification as amended 27 August 2025. These changes remain in the specification as amended 18 June 2026.
Effective Date of the Current Claims is 07 May 2024
As noted above, the claims contain new matter relative to the prior filed application. Accordingly, the effective date of the claims is currently the filing date of the current application, 07 May 2024.
Claim Objections
Claims 1-17 are objected to because of the following informalities. Appropriate correction is required.
Regarding claim 12, lines 41 and 45, the examiner suggests consistently using --prefabricated chimney duct section-- rather than “section” or “chimney prefabricated duct section” to improve the claim readability.
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 12-17 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.
Regarding claim 12, lines 46-48, there are two sets of first and second inner shell spinner bolt flanges previously recited. It is unclear which are being referenced by “the first and second inner shell spinner bolt flanges”. Similarly it is unclear which inner shell is being referenced by “the inner shell”.
Regarding claim 15, as above, it is unclear which inner shell is being referenced by “the inner shell”.
Regarding claim 16, there is insufficient antecedent basis for “the insulation gap”. It is noted this term is introduced in claim 15, while claim 16 is dependent on claim 14.
Regarding claim 17, it is unclear if the previously recited first and second sections fall within the claimed “multiple adjacent chimney sections”.
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 1-17 are rejected under 35 U.S.C. 103 as being unpatentable over Zogg (US 2019/0170350 A1) in view of Meinig (US 5129690).
As noted above, the effective date of the current claims is 07 May 2024.
Regarding claim 1, Zogg teaches a prefabricated chimney duct section comprising an inner shell, the inner shell further comprising i) a first end configured with an inner shell rim; ii) a second end, the second end configured with an inner shell rim; iii) an intermediate body portion having an axial length, the intermediate body portion connecting the first end and the second end (Figures 1-3 and 15B; paragraphs 78-80).
Zogg differs from claim 1 in that:
i. Zogg does not teach a first inner shell spinner bolt flange configured as a collar with an interior to surround the exterior of the inner shell and an exterior face having a plurality of apertures positioned in and around a perimeter of the exterior face and wherein the first inner shell spinner bolt flange contacts and abuts the inner shell rim at the first end
ii. Zogg does not teach a second inner shell spinner bolt flange configured as a collar with an interior to surround the exterior of the inner shell and an exterior face having a plurality of apertures positioned in and around a perimeter of the exterior face and wherein the second inner shell spinner bolt flange contacts and abuts the inner shell rim at the second end.
(i) and (ii) Zogg provides adjacent inner shells with a rim comprising a flange and the rim and flange are provided at both ends of each inner shell. Zogg connects adjacent inner shells by abutting the rim flanges and using mechanical fasteners to join the abutting flanges. Zogg also teaches the use of V-band for connecting abutting rim flanges. Zogg is not particularly limited to the manner of connecting the flanges (Figures 1-3 and 15B; paragraph 80). In the related art of connecting abutting duct flanges, Meinig teaches it is known to use collars which are sliding fitted over the duct sections and are bolted together to connect the abutting flanges therebetween (Figure 6; column 4, lines 3-17). Naturally, when connecting circular duct sections as suggested by Zogg (Figures 15A-B), one of ordinary skill in the art would have understood that corresponding circular collars are needed to engage the abutting flanges. Such collars are considered to satisfy the claimed spinner bolt flanges configured as a collar with an interior to surround the exterior of the respective inner shell and an exterior face having a plurality of apertures in and around a perimeter of the exterior face to receive the above noted bolts. Such collars clearly contact an abut respective inner shell rims at the respective ends, and are capable of spinning about the inner shells in view of their circular shape. To the extent that the claimed apertures are not taught by Meinig, such apertures are clearly suggested by Zogg (Figure 15A; paragraphs 80 and 83) to facilitate attachment with bolts. It would have been obvious to one having ordinary skill in the art at the time the application was filed to provide these limitations in Zogg because one having ordinary skill in the art would have been motivated to connect the duct sections in a known suitable manner, as suggested by the above noted teachings of Meinig and Zogg.
Regarding claims 2-4, Zogg clearly teaches these additional limitations.
Claims 5-6 are satisfied for the reasons provided above. The collars suggested by Meinig are clearly movable axially as claimed.
Regarding claims 7-9, Zogg clearly teaches these additional limitations.
Regarding claim 10, the rotatable and movable limitations are satisfied for the reasons provided above. Meinig teaches gaskets between the abutting collar flanges (column 4, line 7). Zogg suggests providing a gasket on each flange of abutting flanges to provide a gasket-to-gasket seal which enhances sealing or at least provides effective sealing (paragraph 79). Zogg also suggests apertures in the gaskets for aligning with flange apertures (paragraph 84), naturally such that the gaskets do not block the flange apertures which are needed for bolt attachment. It would have been obvious to one having ordinary skill in the art at the time the application was filed to provide these additional limitations in Zogg because one having ordinary skill in the art would have been motivated to provide effective or enhanced sealing and to provide gasket apertures which are aligned with the flange apertures as suggested by the above noted teachings of Meinig and Zogg.
Claim 11 is satisfied for the reasons provided above.
Regarding claim 12, the claimed first and second prefabricated chimney duct sections are satisfied for the reasons provided above. Zogg clearly provides plural such sections, each structured as above, so that the sections can be connected to form a chimney. The leak-free joint limitations are also clearly satisfied for the reasons provided above.
Regarding claims 13-17, Zogg clearly teaches these additional limitations.
Response to Arguments
Applicant's arguments filed 18 June 2026 have been fully considered but they are not persuasive.
Applicant argues the inner shell bolt flange 58, inner shell bolt flange aperture 58a and leak-free joint 59 between inner shell spinner bolt flanges were originally disclosed. First, the examiner does not dispute that the subject matter provided in the amended Figures filed 27 August 2025 is supported by the original claims in the current application. The issue is whether such subject matter was disclosed in prior priority applications, so as to determine the effective date of the current claims. Moreover, the examiner has taken the position that the new subject matter makes the current application a CIP rather than a Continuation. None of these elements are in the figures of the prior priority applications. See Figures 15A and 15B as filed 07 May 2024, which are the closest figures originally filed in the current application and also present in the prior applications. It is noted that Applicant reverses the originally filed and amended Figures 15A in the arguments.
Applicant argues inner shell flange spinner bolt flange 58 is another embodiment of inner shell flange 55a. In response, such element 58 is not shown in prior applications, nor is a teaching that inner shell flange spinner bolt flange 58 is another embodiment of inner shell flange 55a provided in the prior applications. Applicant further argues original Figure 15B recites spinner flanges (both ends). In response, the spinner flanges are not shown. Rather the inner shell flanges 55a are shown. It is not clear what is meant by “spinner flanges (both ends)”. These could be additional structures which are not illustrated, rather than replacement or alternative structures. Moreover, the term “spinner flange” is not a commonly used term in the art and thus there is no clear indication that this recitation teaches an inner shell spinner bolt flange configured as a collar with an interior to surround the exterior of the inner shell and an exterior face having a plurality of apertures positioned in and around a perimeter of the exterior face and wherein the inner shell spinner bolt flange contacts and abuts the inner shell rim at a respective end of the inner shell. Accordingly, the examiner maintains these limitations are new subject matter relative to the prior filed applications.
Applicant argues a joint is taught between flanges 55a. In response, the examiner does not dispute that a joint is taught between flanges 55a. The issue is the above noted Figure 15B indication spinner flanges (both ends), which does not indicate any particular structure of the spinner flanges, nor does it indicate any particular abutting structure of spinner flanges.
Applicant argues the drawings convey more than the textual description. However, as noted above the original drawings do not indicate any particular structure of the spinner flanges, nor do they indicate any particular abutting structure of spinner flanges.
Applicant argues amended Figure 15B does not present new subject matter with respect to the prior applications. The examiner respectfully disagrees. There is no indication in the prior application specifications or drawings that the flanges 55a can be substituted with spinner flanges 58. In particular the there is no description of spinner flange structure, nor is there an indication that spinner flanges can replace flanges 55a.
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 MICHAEL A TOLIN whose telephone number is (571)272-8633. The examiner can normally be reached 9:30 am - 6 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Phillip C. Tucker can be reached at (571) 272-1095. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHAEL A TOLIN/Primary Examiner, Art Unit 1745
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