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 .
Status of the Application
This action is responsive to the amendment dated 7/01/2026. Claims 1-16 remain pending. Claim 1 has been amended. The applicant’s amendment has necessitated the new ground(s) of rejection below. This action is Final.
Response to Remarks
Applicant's amendment to recite a hollowed-out region of a thickness of an internal surface of the peripheral side wall forming a housing, the peripheral side wall having a thickness at the hollowed-out region smaller than a thickness of a remainder of the peripheral side wall has overcome the rejection of record. However, a new ground(s) of rejection is applied to the claims below. As such, applicant's arguments with respect to the 102 rejection over Avery have not been found persuasive. A new interpretation of Avery as stated below in the 102 rejection teaches each and every limitation including a hollowed-out region of a thickness of an internal surface of the peripheral side wall forming a housing, the peripheral side wall having a thickness at the hollowed-out region smaller than a thickness of a remainder of the peripheral side wall.
Applicant's amendments to the claims have necessitated further search and/or consideration and/or revision of the rejection, and accordingly, this action must be made Final.
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) 1, 4-7, 12, 13, and 16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Avery (US 1,893,927).
Regarding claim 1, Avery discloses a protector (Fig. 5) for protecting a male or female threaded end of a tubular component for drilling, for the exploitation of hydrocarbon wells, for transporting oil and gas, for transporting or storing hydrogen, for capturing carbon or geothermal energy (each of these are intended use), the male or female threaded end being provided with at least one external or internal thread (the external threaded portion of the pipe that would be threaded to 14), the protector comprising: a main body (12) that is intended to receive the male or female threaded end, the main body comprising a peripheral side wall (the axially extending wall portion of 12 as shown in Fig. 5) extending in an axial direction, a hollowed-out region of a thickness of an internal surface of the peripheral side wall forming a housing (as shown in Fig. 5, see how the peripheral side wall that forms the housing in hollow within the thickness of the internal surface), the peripheral side wall having a thickness at the hollowed-out region smaller than a thickness of a remainder of the peripheral side wall (the thickness at the internal surface of 12 is less than a thickness of the rest of the peripheral side wall), said housing extending around the peripheral side wall (Fig. 5); at least one threaded ring (14) detachably housed in said housing, the threaded ring having a thread (15) that is intended to be screwed onto the external or internal thread of the male or female threaded end (this is intended use that the device of Gunderman is intended to perform; see Page 1, line 59 through Page 2, line 12).
Regarding claim 4, Avery further discloses the protector according to claim 1, wherein a shape of the threaded ring and a corresponding shape of the housing are selected from among: a cylindrical shape, a stepped cylindrical shape, a helical shape and a frustoconical shape. (Avery discloses a cylindrical shape)
Regarding claim 5, Avery further discloses the protector according to claim 1, wherein the housing has at least one flange intended to stop the threaded ring in the axial direction. (as shown in Fig. 5, see the flange that 14 is fit within and secured in the axial direction)
Regarding claim 6, Avery further discloses the protector according to claim 5, wherein the flange has a notch intended to facilitate the removal of the threaded ring from the main body. (the notched portion at the bottom of the flanged portion of 12)
Regarding claim 7, Avery further discloses the protector according to claim 1, wherein a blocking means (8, 19) blocks a rotational movement of the threaded ring relative to the main body in order to be able to screw or unscrew the threaded ring by exerting a rotational torque on the main body. (Page 1, line 59 through Page 2, line 12)
Regarding claim 12, Avery further discloses the protector according to claim 1, wherein the threaded ring and/or the main body is/are manufactured by additive manufacturing, by casting or by machining from one or more material(s). (product by process)
Regarding claim 13, Avery further discloses the protector according to claim 1, wherein the main body has a bottom wall (the wall portion of 12 at the bottom with reference to Fig. 5) that is located at an axial end of the peripheral side wall, with the peripheral side wall completely extending around the bottom wall. (Fig. 5)
Regarding claim 16, Avery further discloses an assembly comprising a tubular component having a male or female threaded end and a protector according to claim 1 attached to the male or female threaded end by screwing. (Fig. 5; Page 1, line 59 through Page 2, line 12)
Claim Rejections - 35 USC § 103
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 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) 2 and 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Avery in view of Palarino (US 4,020,873).
Regarding claim 2, Avery further discloses the protector according to claim 1, but fails to disclose wherein the threaded ring is discontinuous in order to be able to be deformed when inserted into the housing or removed from said housing.
Palarino teaches a protector (Figs. 1 and 2) wherein the threaded ring (the ring at 11) is discontinuous in order to be able to be deformed when inserted into the housing or removed from said housing. (as shown in Figs. 1 and 2; see how each section 3 is discontinuous and attached by 9; Col. 2, lines 3-19)
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the application to modify the threaded ring of Avery to be discontinuous as taught by Palarine in order to provide a construction which allows the combined unit to be securely fastened to a pipe and prevents premature removal of the protector by impact or other forces and provides complete protection for the pipe. (Col. 3, lines 39-53)
Regarding claim 3, Avery further discloses the protector according to claim 1, but fails to disclose wherein the threaded ring has a weakened thickness area in order to increase the resilient deformability of said threaded ring.
Palarino teaches a protector (Figs. 1 and 2) wherein a threaded ring (the ring at 11) has a weakened thickness area (the area at 9 is deformable and has lower thickness) in order to increase the resilient deformability of said threaded ring. (Col. 2, lines 3-19)
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the application to modify the threaded ring of Avery to be include a weakened thickness area as taught by Palarine in order to provide a construction which allows the combined unit to be securely fastened to a pipe and prevents premature removal of the protector by impact or other forces and provides complete protection for the pipe. (Col. 3, lines 39-53)
Claim(s) 14 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Avery in view of Dell’erba et al. (US 7,284,770, hereafter “Dell’erba”).
Regarding claim 14, Avery further discloses the protector according to claim 13, but fails to disclose wherein a lower seal is located on the bottom wall and is intended to establish a sealed contact with the male or female threaded end of the tubular component.
Dell’erba teaches a protector (1) wherein a lower seal (4) is located on the bottom wall and is intended to establish a sealed contact with the male or female threaded end of the tubular component. (Fig. 1)
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the application to modify the protector of Avery to include a lower seal as taught by Dell’erba in order to provide a fluid tight connection between the protector and pipe end.
Regarding claim 15, Avery further discloses the protector according to claim 13, but fails to disclose wherein the peripheral side wall has an axial end remote from the bottom wall, with an upper seal being located on the axial end and being intended to establish a sealed contact with the male or female threaded end of the tubular component.
Dell’erba teaches a protector (1) wherein the peripheral side wall has an axial end remote from the bottom wall, with an upper seal (6) being located on the axial end and being intended to establish a sealed contact with the male or female threaded end of the tubular component. (Fig. 6)
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the application to modify the protector of Avery to include an upper seal as taught by Dell’erba in order to provide a fluid tight connection between the protector and pipe end.
Allowable Subject Matter
Claims 8-11 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
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 PAUL J GRAY whose telephone number is (571)270-0544. The examiner can normally be reached 9:00 am - 5:00 pm, Monday - Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kenneth Rinehart can be reached at 571 272-4881. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PAUL J GRAY/Primary Examiner, Art Unit 3753
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