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 .
Response to Arguments
Applicant's arguments filed have been fully considered but they are not persuasive.
As to claim 10, Applicant asserts Berberig does not meet the following limitation: “inner shell calotte arranged on a cylinder inner shell.” Examiner disagrees. The inner calotte is clearly shown in Fig. 1 of Berberig. Explicit reference is also made in the following annotated figure.
As to the limitation “said calottes being constructed as cold-formed concave embossed form portions”, Applicant argues the process terms “cold-formed” and “embossed” impart structural characteristics. Examiner agrees, however, only to the extent they require the portions to be generally strengthened portions, via material compaction or thickening of the material. As such, since Berberig states there is a structural thickening (26), as seen in Fig. 10, Berberig meets the limitation.
As to claim 14, Applicant asserts Berberig et al does not disclose that said outer shell calotte is constructed as a spherical surface section. Examiner disagrees. The claim requires a “spherical surface section.” Surfaces 11 and/or 12 certainly qualify as sections of a given spherical surface.
Election/Restrictions
Claims 16-18 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 02/19/25.
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.
Claim(s) 10-15 and 19-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Berberig et al (US 2016/0216145).
As to claim 10 and with reference to the annotated figures below, Berberig et al discloses a cylinder pipe assembly (see figures), comprising: a cylinder pipe (1) and a connection piece (8), said cylinder pipe having a cylinder main body (2) and a connection portion (3), said connection portion having an outer shell calotte arranged on a cylinder pipe outer shell, an inner shell calotte arranged on a cylinder pipe inner shell, a structural consolidation zone (Figs. 7 and 18) and a connection hole (Fig. 2), and said calottes being constructed as cold-formed concave embossed form portions (as at 26, see [0072]), said structural consolidation zone being arranged in a forming area between the calottes, said connection hole being a punched hole passing through the calottes configured for a passage of a pressure medium and said structural consolidation zone surrounding said connection hole; said connection piece being arranged at the connection portion and having a pressure medium tube (through bore of branch 8) and a connecting portion 202/203), said pressure medium tube being constructed for passage of the pressure medium, said connecting portion having an annular axial boundary contour (see Figs. 7, 12, 14, 18), said annular axial boundary contour and an annular mating surface of said outer shell calotte defining an annular contact surface (Figs. 5-7, 9-15, 18), said cylinder pipe and said connection piece being connected in a materially bonded manner at said annular contact surface by an annular weld seam and said annular weld seam defining a sealing plane (see [0058]-[0066]), said pressure medium tube and said connection hole defining a common pressure medium channel (Figs. 6 and 14).
Examiner notes that even though a product-by-process claim is limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process. In re Thorpe, 777 F.2d 695, 698,227 USPQ 964,966 (Fed. Cir. 1985).
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As to claim 11, Berberig et al discloses the cylinder pipe assembly according to claim 10, wherein the cylinder pipe assembly is constructed as part of a working cylinder (a measuring tube).
As to claim 12, Berberig et al discloses the cylinder pipe assembly according to claim 10, wherein said annular weld seam is configured as a pressure weld seam (see [0058]).
As to claim 13, Berberig et al discloses the cylinder pipe assembly according to claim 10, wherein said annular weld seam is formed without welding material (see [0058]).
As to claim 14 and with reference to the foregoing rejection of foregoing claim 10, Berberig et al discloses a cylinder pipe assembly, comprising: a cylinder pipe and a connection piece, said cylinder pipe having a cylinder main body and a connection portion, said connection portion having an outer shell calotte arranged on a cylinder pipe outer shell, said outer shell calotte being constructed as a spherical surface section, an inner shell calotte arranged on a cylinder pipe inner shell, a structural consolidation zone and a connection hole, and said calottes being constructed as cold-formed concave embossed form portions, said structural consolidation zone being arranged in a forming area between the calottes, said connection hole being a punched hole passing through the calottes configured for a passage of a pressure medium and said structural consolidation zone surrounding said connection hole; said connection piece being arranged at the connection portion and having a pressure medium tube and a connecting portion, said pressure medium tube being constructed for passage of the pressure medium, said connecting portion having an annular axial boundary contour, said annular axial boundary contour and an annular mating surface of said outer shell calotte defining an annular contact surface, said cylinder pipe and said connection piece being connected in a materially bonded manner at said annular contact surface by an annular weld seam and said annular weld seam defining a sealing plane, said pressure medium tube and said connection hole defining a common pressure medium channel.
As to the claim limitation “said outer shell calotte being constructed as a spherical surface section”, the claim only so requires a “spherical surface section.” Surfaces 11 and/or 12 certainly qualify as sections of a given spherical surface.
Also, note paragraph [0028], which states that the measuring tube wall can be a rounded surface instead of a sloped one. In either case, Berberig meets the limitation.
As to claim 15, Berberig et al discloses the cylinder pipe assembly according to claim 10, wherein said inner shell calotte is constructed as a damping pressure medium channel (insofar as it can conduct silicone fluid, for example).
As to claim 19, Berberig et al discloses the cylinder pipe assembly according to claim 10, wherein said consolidation zone is defined by material compaction of said cylinder main body at said consolidation zone (as at 26, see [0072]).
As to claim 20, Berberig et al discloses the cylinder pipe assembly according to claim 14, wherein said consolidation zone is defined by material compaction of said cylinder main body at said consolidation zone (as at 26, see [0072]).
Examiner notes that even though a product-by-process claim is limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process. In re Thorpe, 777 F.2d 695, 698,227 USPQ 964,966 (Fed. Cir. 1985).
Examiner’s Note:
The italicized portions in the foregoing claims are functional recitations. These clauses, as well as other statements of intended use do not serve to patently distinguish the claimed structure over that of the reference(s), as long as the structure of the cited reference(s) is capable of performing the intended use. See MPEP 2111-2115.
See also MPEP 2114, which states:
A claim containing a "recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus" if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ 2d 1647;
Claims directed to apparatus must be distinguished from the prior art in terms of structure rather than function. In re Danly, 263 F.2d 844, 847, 120 USPQ 528, 531; and
[A]pparatus claims cover what a device is, not what a device does." Hewlett Packard Co. v. Bausch & Lomb Inc., 15 USPQ2d 1525,1528.
Any one of the systems in the cited reference(s) is capable of being used in the same manner and for the intended or desired use as the claimed invention. Note that it is sufficient to show that said capability exists, which is the case for the cited reference(s).
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 James M Hewitt II whose telephone number is (571)272-7084. The examiner can normally be reached M-F 9-930pm, mid-day flex 2-4pm.
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James M. Hewitt II
Primary Examiner
Art Unit 3679
/JAMES M HEWITT II/Primary Examiner, Art Unit 3679