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 .
Specification
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
The phrase “The present invention is directed to” should be removed from the abstract.
Claim Objections
Claims 11-17 are objected to because of the following informalities:
There are two claim 11s.
Claim 15, line 1, “wherein the pipe, wherein the pipe” should be “wherein the pipe”. Appropriate correction is required.
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 2-4 and 14-17 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.
Claims 2, 4 and 15-17, are considered to be vague and indefinite because it is unclear
what properties of the pipe are being compared or described in the claim. Specifically, does the use of the word “retain” mean that the physical structure of the pipe does not change, as opposed to changes that would occur to the the physical structure of the pipe wall that is welded?
Additionally, there are many different methods of welding, which would create different mechanical properties, for example microstructures in the pipe and flange, based on the welding process used. Therefore it is unclear how mechanical properties can be compared if it is unknown what type of welding process is used in the pipes and flanges being compared.
Claim 14 is considered vague and indefinite because it is unknown what is encompassed by the limitation a “method different from said additive manufactured flange”. Clarification is needed.
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, 11 and 14-17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Grabau 2017/0326668.
In regard to claim 1, Grabau discloses a method for constructing a flange on a pipe, comprising:
using an additive manufacturing process to build a flange (16 and then 36) on an outer surface of a pipe 20 at a first end of the pipe.
In regard to claim 2, wherein the pipe retains mechanical properties compared to welding a flange onto the pipe (the pipe 20 maintains mechanical properties after the outer flange 36 is added and the structure of pipe 20 is unchanged when flange 36 is added by additive manufacturing).
In regard to claim 3, wherein the mechanical properties are selected from the group consisting of hardness, tensile strength, yield strength, fracture toughness, creep strength, fatigue, and combinations thereof.
In regard to claim 4, wherein the pipe retains its microstructure compared to welding a flange onto the pipe (pipe 20 is unchanged when flange 36 is added by additive manufacturing).
In regard to claim 11, Grabau discloses a pipe and flange, comprising:
a pipe 20 having a first end comprising an exposed cross-sectional surface and an outer cylindrical surface; and
a flange 16 and 36 attached to the pipe on the outer cylindrical surface at the first end such that the cross-sectional surface of the pipe is exposed;
wherein said flange comprises an additive manufactured flange.
In regard to claim 14, wherein said pipe comprises a hoop strength that is the same or lower than a hoop strength of a pipe having a flange manufactured by a method different from said additive manufactured flange.
In regard to claim 15, wherein the pipe retains mechanical properties compared to welding a flange onto the pipe (the pipe 20 maintains mechanical properties after the outer flange 36 is added).
In regard to claim 16, wherein the mechanical properties are selected from the group consisting of hardness, tensile strength, yield strength, fracture toughness, creep strength, fatigue, and combinations thereof.
In regard to claim 17, wherein the pipe retains its microstructure compared to welding a flange onto the pipe (pipe 20 is unchanged when flange 36 is added by additive manufacturing).
Claim(s) 1 and 8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Pfeffer et al. 2021/0299772.
In regard to claim 1, Pfeffer et al. discloses a method for constructing a flange 210 on a pipe, comprising:
using an additive manufacturing process to build a flange 210 on an outer surface of a pipe at a first end of the pipe.
In regard to claim 8, wherein the additive manufacturing process is selected from the group consisting of directed energy deposition (see claim 2).
Claim(s) 1, 6 and 11-12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bruck 2017/0080526.
In regard to claim 1, Bruck discloses a method for constructing a flange 10 on a pipe, comprising:
using an additive manufacturing process (see paragraph 1) to build a flange 10 on an outer surface of a pipe 12 at a first end of the pipe (see fig. 3).
In regard to claim 6, wherein the pipe comprises a nickel-based alloy (see paragraph 39).
In regard to claim 11, Bruck discloses a pipe 12 and flange 10, comprising:
a pipe 10 having a first end comprising an exposed cross-sectional surface and an outer cylindrical surface; and
a flange 10 attached to the pipe on the outer cylindrical surface at the first end such that the cross-sectional surface of the pipe is exposed (see fig. 3);
wherein said flange comprises an additive manufactured flange (see paragraph 1).
In regard to claim 12, wherein said pipe comprises a nickel-based alloy (see paragraph 39).
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) 9-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Grabau . 2017/0326668.
In regard to claims 9-10, Grabau discloses a method of adding a flange in two stages
(first flange 16 and then additional flange 36) using a first process of powder bed fusion or laser cladding (see paragraph 20) and then adding an additional flange material using a second process (see paragraph 20) of directed energy deposition, but does not disclose the exact thickness dimensions of the first portion and second portion of the flanges. However, it would have been obvious to one of ordinary skill in the art to make the first 5-10 mm of the flange from the first process and the remainder from the second process because a change in the size of a prior art device is a design consideration within the skill of the art. In re Rose, 220 F.2d 459, 105 USPQ 237 (CCPA 1955).
Claim(s) 5, 7, 11(2nd) and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bruck 2017/0080526.
In regard to claims 5, 7, 11(2nd) and 13, Bruck discloses the use of a high strength nickel
alloy, but does not specifically disclose if the alloy contains an oxide dispersion alloy or precipitation strengthened alloy. However, it would have been obvious to one of ordinary skill in the art to use these alloys because the selection of a known material based upon its suitability for the intended use is a design consideration within the skill of the art. In re Leshin, 227 F.2d 197, 125 USPQ 416 (CCPA 1960).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Huskamp, Mackle, Kedor, Lai, Kupiszweski, Carey, Lewin, Nowak, Holzl and Zhong disclose similar couplings that are common and well known in the art.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID E. BOCHNA whose telephone number is (571)272-7078. The examiner can normally be reached Monday-Friday 8:00-5:30.
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/DAVID BOCHNA/Primary Examiner, Art Unit 3679