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
Claims 3-7, 9, 10, 15-17 and 19-25 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.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 02/26/2026.
Applicant’s election without traverse of Group I in the reply filed on 02/26/2026 is acknowledged.
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.
Claim 1 is rejected under 35 U.S.C. 103 as being unpatentable over Anderson (US 2021/0061553) in view of Tannenberger (DE 102012109015) and Mulligan (US 2008/0302426).
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Anderson discloses a container with a raised manhole connector (14) which can be closed with a domed cover (12), wherein a fastening flange (18) is provided around a top opening of the raised manhole connector, wherein on a top side of the fastening flange around the top opening to the raised manhole connector, a sealing surface (defined by flange adapter 21 in combination with seals 30 and 32) is applied as a seal against the domed cover (1), wherein the sealing surface is aligned with the opening of the raised manhole connector (see figure above). Anderson does not disclose at least an inner wall of the container and of the raised manhole connector is provided with a lead coating. Anderson does not disclose the sealing surface is a nickel sealing surface, as required. However, Tannenberger discloses a tank container (1) comprising a lead inner layer (6) used as a barrier for corrosion protection purposes (see page 2 and figure 2). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the interior of the container of Anderson to include a lead layer as taught by Tannenberger for protection against corrosion of the container. Regarding the seal being of nickel, Mulligan discloses the uses of nickel seals are known to produce a leak-free system (see [0064]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the seals of the sealing surface made from malleable nickel as taught by Mulligan to provide a leak-free system between the raised manhole connector and the dome cover. After Anderson is modified by Tennenberg and Mulligan, the lead coating will extend to the upper edge of the nickel sealing surface.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Anderson (US 2021/0061553), Tannenberger (DE 102012109015) and Mulligan (US 2008/0302426) as applied to claim 1 above, and further in view of Yong (CN 113134668).
Regarding the limitation of the nickel sealing surface provided by welding, in accordance to MPEP 2113, the method of forming the device is not germane to the issue of patentability of the device itself. Therefore, this limitation has not been given patentable weight. Please note that even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product, i.e the nickel sealing surface, does not depend on its method of production, i.e. welding. In re Thorpe, 227 USPQ 964, 966 (Federal Circuit 1985). Yong discloses welded nickel gaskets/seams are well-known and common to ensure tightness of the gasket (see page 2). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the nickel sealing surface provided by welding as taught by Yong welded nickel gaskets are known and common in the art to ensure tightness of the gaskets.
Allowable Subject Matter
Claims 2 and 18 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
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RAFAEL A. ORTIZ whose telephone number is (571)270-5240. The examiner can normally be reached Monday - Friday 9am - 6pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Orlando E. Aviles can be reached at 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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RAFAEL A. ORTIZ
Primary Examiner
Art Unit 3736
/RAFAEL A ORTIZ/Primary Examiner, Art Unit 3736
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