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
Applicant’s election without traverse of Group I, claims 1-17, in the reply filed on 27 August 2025 is acknowledged.
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 [[first]] inner shell spinner bolt flange 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 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 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 section, wherein the apertures of the gasket and the apertures of the second inner shell spinner bolt flange of the first 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 chimney duct section and the apertures of the first inner shell spinner bolt flange of the second 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 face of the first inner shell spinner bolt flange and a second gasket having a plurality of apertures is affixed to the face of the second inner shell spinner bolt flange.
xi. The new Figures 15, 15A and 15AA 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 27 August 2025 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.
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.
Drawings
The drawings are objected to because Figure 15AA is improperly numbered. Rule 37 CFR 1.84(u) indicates that partial views must be identified by a number followed by a capital letter. The number “15AA” uses two capital letters. The examiner suggests numbering the partial views Figures 15A, 15B and 15C, for example.
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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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 Objections
Claims 1-17 are objected to because of the following informalities. Appropriate correction is required.
Regarding claims 1 and 12, capital letters are generally not used at the beginning of each limitation to improve the grammar. This is because claims are generally in the form of a sentence. See MPEP 608.01(m).
Regarding claim 1, line 5, the examiner suggests --an [[A]] intermediate body portion-- at the beginning of line 5 to correct the grammar and --the intermediate body portion-- towards the end of line 5 to use consistent claim terminology and improve the claim readability.
Regarding claim 6, the examiner suggests --the intermediate body portion-- to use consistent claim terminology and improve the claim readability.
Regarding claim 10, line 4, the examiner suggests --the intermediate body portion-- to use consistent claim terminology and improve the claim readability.
Regarding claim 10, line 5, the examiner suggests --exterior face-- to use consistent claim terminology and improve the claim readability.
Regarding claim 10, line 6, the examiner suggests --the second inner shell-- to correct the grammar.
Regarding claim 12, line 14, the examiner suggests --first inner shell-- to use consistent claim terminology and improve the claim readability.
Regarding claim 12, line 19, the examiner suggests --second inner shell-- to improve the claim readability by distinguishing the first and second inner shells.
Regarding claim 12, lines 41-45, the examiner suggests consistently using --prefabricated chimney duct section-- rather than just “prefabricated chimney section”, “section” or “chimney duct section” to improve the claim readability.
Regarding claim 12, lines 49-50, the examiner suggests consistently using --exterior face-- to improve the claim readability.
Regarding claim 15, the examiner suggests consistently using --tubular outer shell-- 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 3-4 and 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 3, there is insufficient antecedent basis for “the outer shell”. It is noted that this term is introduced in claim 2, while claim 3 is dependent on claim 1.
Regarding claim 12, lines 37-38, there is insufficient antecedent basis for “the abutting first inner shell spinner bold flange”. There is no prior recitation of abutting.
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 27 August 2025 have been fully considered but they are not persuasive.
Applicant argues the bolt flange, recited in paragraph 78 of Applicant’s published application, supports the claimed inner shell spinner bolt flanges. The examiner respectfully disagrees. The recitation of a bolt flange does not indicate either the specific structure of the bolt flange or how it is intended to interact with the chimney sections. Moreover, this recitation does not clearly indicate 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 an end. Nor does this recitation indicate two such inner shell spinner bolt flanges contacting and abutting the respective inner shell rims as claimed. Accordingly, the examiner maintains these limitations are new matter relative to the prior filed application.
Applicant argues further support is found in Appendix A incorporated by reference. First, the Appendix is not properly incorporated by reference. See Applicant’s publication (paragraph 60). The language “made a part hereof” is not a proper incorporate by reference. See 37 CFR 1.57(c). It is also noted that essential subject matter cannot be incorporated by reference to this non patent document. See 37 CFR 1.57(d). In any event, the Appendix does not teach the above noted subject matter. The pages and figures noted by Applicant are directed to a slip collar which is placed in an intermediate portion of an inner shell, not abutting an inner shell rim. Moreover, only one such slip collar is illustrated in order to allow for a variable length between flanges. The claims recite two spinner bolt flanges.
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. 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 matter relative to the prior filed application.
Conclusion
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