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 .
Statement Regarding Allowable Subject Matter
The indicated allowability of 6-11, 13, 18, 20 and 22 is withdrawn in view of the reference of McBride (U.S. 2018/0201839) the new rejections are set forth below. Rejections based on newly cited reference(s) follow.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1, 2, 4-13 and 16-22 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-18 of U.S. Patent No. 12, 031,676. Although the claims at issue are not identical, they are not patentably distinct from each other because the “one or more straps” and “one or more segmented rings” of U.S. Patent No. 12, 031,676 encompass the “plurality of straps” and “plurality of segmented rings” set forth in the present case.
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 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.
Claims 1, 2, 4, 5, 12, 16, 17, 19, 21 and 23 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by McBride (U.S. 2018/0202607). McBride teaches a vessel insulation system at 100, comprising a floating ring 16 sized to circumscribe a top nozzle of a vessel (figure 1), one or more straps 36, 40, 43, 45 connected to the floating ring (figure 3), the one or more of straps 36, 40, 43, 45 extending downward from the floating ring (figure 3) and being positioned to run along a selected length of the outer surface of the vessel (figure 1), and one or more segmented rings (lower rings comprised of 16 and 19) connected to the one or more straps and positioned to circumscribe the outer shell of the vessel and connected to the one or more straps (figure 3), wherein the one or more segmented rings to support an insulation material 12 when positioned along the selected length of the outer surface of the vessel (figure 4).
Regarding claim 2, the floating ring 16, the one or more straps 36, 40, 43, 45, and the one or more segmented rings 16 each independently comprise a material selected from the group consisting of metals, metal alloys, or any combination thereof (stainless steel; paragraph [0104]; metal, steel; paragraph [0106]).
Regarding claim 4, the one or more straps is substantially perpendicular to the one or more segmented rings (figure 3).
Regarding claim 5, the one or more segmented rings 16 is supported by the one or more straps (figure 3).
Regarding claim 12, McBride teaches a vessel insulation system 100 comprising a floating ring 16 sized to circumscribe a nozzle of a vessel (figure 1), one or more straps 36, 40, 43, 45 connected to the floating ring, the one or more straps 36, 40, 43, 45 extending from the floating ring 16 and positioned to run along a selected length of an outer surface of the vessel (figure 3), and one or more segmented rings (lower ring comprised of 16 and 19) connected to the one or more straps and positioned along the selected length of the outer surface of the vessel (figure 3), each of the one or more segmented rings having a support surface 20 to support a weight of a segment of insulation material when positioned thereon and along the outer surface.
Regarding claim 16, each of the one or more segmented rings 16 is fastened to one or more of the one or more straps via one or more curved plates 20.
Regarding claim 17, the one or more segmented rings 16 is suspended by the one or more straps (through engagement with 20).
Regarding claim 19, each of the one or more segmented rings further include two or more discrete segments (elements 16 and 19) positioned around the outer surface of the vessel (figure 4) such that each of the two or more discrete segments separate, thereby to allow for expansion of the vessel insulation system during operation (paragraph [0112]).
Regarding claim 21, the floating ring 16 and the one or more straps 36, 40, 43, 45 are connected with a clamping mechanism 41 including one or more clamping plates to secure the one or more straps to the floating ring.
Regarding claim 23, the floating ring 16, the one or more straps 36, 40, 43, 45, and the one or more segmented rings 16 each float about the outer surface of the vessel, thereby to allow for expansion of the vessel insulation system during operation and reduce post-weld heat treatments after installation of the vessel insulation system dues to engagement with elements 41 (paragraph [0112]).
Claims 1, 6-13, 18, 20 and 22 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by McBride (U.S. 2018/0201839).
Regarding claim 1, McBride teaches a vessel insulation system at 500, comprising a floating ring 148 (figure 16) sized to circumscribe a top nozzle of a vessel (figure 15), one or more straps 104 connected to the floating ring (figure 16), the one or more of straps 104 extending downward from the floating ring 148 and being positioned to run along a selected length of the outer surface of the vessel (figures 15 and 11), and one or more segmented rings 16 (figure 15) connected to the one or more straps 104 and positioned to circumscribe the outer shell of the vessel and connected to the one or more straps (figure 9), wherein the one or more segmented rings 16 to support an insulation material 108, 110 when positioned along the selected length of the outer surface of the vessel (paragraph [0084]).
Regarding claim 6, McBride teaches an insulated marine vessel 500 (figure 11) comprising a vessel (at lead line 34; figure 11), a vessel insulation system (shown in figure 11) comprising a floating ring 148 (figure 16) sized to circumscribe a nozzle of the vessel (figure 15), one or more straps 104 connected to the floating ring, the one or more straps extending from the floating ring 148 and positioned to run along a selected length of an outer surface the marine vessel (figures 15 and 11), and one or more segmented rings 16 (figure 15) connected to the one or more straps and positioned along the selected length of the outer surface of the mare vessel (figure 9), and an insulation material 108, 110 comprising one or more insulation segments (paragraph [0084]), each insulation segment individually and vertically supported by a ledge (at lead line 16 in figure 11) of a corresponding segment of the one or more segmented rings 16.
Regarding claim 7, each insulation segment is configured to be removable or replaceable, without disturbing any remaining insulation segments when being removed or replaced (as they are not integrally formed).
Regarding claim 8, the insulation material comprises a first layer of insulation 108, 110, a second layer of insulation 112, and an outer jacket 114 surrounding the first and second layers of insulation.
Regarding claim 9, the outer jacket comprises a corrugated metal jacketing material (64 figure 13) and one or more springs 140 (paragraph [0086]).
Regarding claim 10, a skirt portion (shown at lead line 26 in figure 9) positioned proximate a base portion of the marine vessel.
Regarding claim 11, the skirt portion comprises one or more springs connected to the one or more straps, and wherein the one or more springs 140 are configured to allow for expansion of the vessel insulation system during operation (paragraph [0086]).
Regarding claim 12, McBride teaches a vessel insulation system at 500 comprising a floating ring 148 sized to circumscribe a nozzle of a vessel (figure 16), one or more straps 104 connected to the floating ring (figure 16), the one or more straps 104 extending from the floating ring 148 and positioned to run along a selected length of an outer surface of the vessel (figure 16), and one or more segmented rings 16 (figure 15) connected to the one or more straps 104 and positioned along the selected length of the outer surface of the vessel, each of the one or more segmented rings 16 having a support surface (at lead line 16 in figure 11) to support a weight of a segment of insulation material when positioned thereon and along the outer surface.
Regarding claim 13, the support surface (at lead line 16 in figure 11) vertically supports the weight of a segment of insulation material and further extends outward from the outer shell surface relative to a longitudinal axis of the vessel, and wherein the support surface of each of the one or more segmented rings 16 is positioned substantially perpendicular to the one or more straps (figure 11).
Regarding claim 18, the support surface (at lead line 16 in figure 11) includes a projection (at lead line 16 in figure 11) from each of the one or more segmented rings, and wherein the projection configured to vertically support the weight of a segment of insulation material (figure 11).
Regarding claim 20, each of the one or more segmented rings 16 further include a projection configured to vertically support an insulation material (at lead line 16 in figure 11) when positioned along the selected length of the outer surface of the vessel.
Regarding claim 22, the floating ring 148 comprises a first floating ring (figure 16) and the nozzle comprises a first nozzle, wherein the system further comprises a second floating ring to circumscribe a second nozzle opposite the first nozzle of the vessel (figure 9), and wherein the one or more straps 104 extend from the first floating ring to the second nozzle such that the one or more straps are positioned along the selected length of the outer surface of the vessel (figure 9).
Conclusion
In view of the new grounds of rejection, THIS ACTION IS MADE NON-FINAL.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NIKI MARINA ELOSHWAY whose telephone number is (571)272-4538. The examiner can normally be reached Monday through Friday 7: 00 a.m. to 3:00 p.m..
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Orlando E. Aviles can be reached on 571-270-5531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NIKI M ELOSHWAY/Examiner, Art Unit 3736
/ORLANDO E AVILES/Supervisory Patent Examiner, Art Unit 3736