DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Manner of Making Amendments
In regards to the manner of making amendments, it is noted that claim 16 has the status indicator of “(New)” when it should recite “(previously presented)” as it has been previously presented and does not appear to have been amended. Accordingly, the changes have not been properly identified in accordance with 37 CFR 1.121. All future submission must properly identify all changes or the response may be held to be non-compliant.
Claim Objections
Claim 11 is objected to because the added limitation recites “the vacuum-pumped interspace” when it should recite “a vacuum pumped interspace” as the interspace has not been recited yet. Further, the next recitation should be “the” and not “a”. 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.
Claims 6 and 7 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.
Claim 6 recites that the seal device further comprises at least one seal. However, claim 5 already recited that the seal device comprises a first seal and a second seal. It is unclear if claim 6 is intending to refer to one of these seals or intending to recite a third seal.
Claim 7 recites that the seal device further comprises a first seal and a second seal However, claim 5 already recited that the seal device comprises a first seal and a second seal. It is unclear if claim 6 is intending to refer to these seals or intending to recite a third and fourth seal.
Claim Rejections - 35 USC § 103
Claims 5-8, 11, and 16 are rejected under 35 U.S.C. 103 as being unpatentable over
Umemoto et al. (US 2024/0219258 hereinafter "Umemoto") in view of Schmidt et al. (US
2024/0295281 hereinafter "Schmidt").
In regards to claim 5, Umemoto discloses a pipe having a pipeline connection seal
device, the pipe comprising:
a first pipeline (248);
a second pipeline (249); and
the pipeline connection seal device in contact with the first pipeline and the second
pipeline, the pipeline connection seal device comprising:
a first pipe connector (248a);
a second pipe connector (249a);
a first seal (250a) and a second seal (250b) positioned coaxially between the first pipe connector and second pipe connector,
a vacuum-pumped interspace (250c) defined by at least the first pipe connector
and the second pipe connector, whereby the vacuum-pumped interspace reduces the
pressure gradient across the pipeline connection seal device and monitors leaking hazardous substances and prevents them from escaping the seal device and going ambient
(see at least paragraph [0040)]).
Umemoto does not disclose the first pipeline interior containing a first pipeline inner wall
and defining a first pipeline second interior between the first pipeline outer wall and the first
pipeline inner wall, the second pipeline interior containing a second pipeline inner wall and
defining a second pipeline second interior between the second pipeline outer wall and the second
pipeline inner wall,
However, Schmidt shows that it is known to use double-walled pipes (60, 50) that have
first and second interiors (61) between the walls in a connection with vacuum interspace (see fig.
2D and paragraph [0047]).
It would have been obvious before the effective filing date to one of ordinary skill in the
art to provide the first pipeline interior with a first inner wall and the second pipeline interior
with a second inner wall, in order to provide insulation of the inner space and allow the pipes to
transport hot or cold fluids, as taught by Schmidt at paragraph [0003]. Further, it is inherent in
the combination that the interior spaces (61) of the pipelines would be in fluid communication
with the first and second pipelines (see fig. 2D of Schmidt and fig. 4 of Umemoto.
In regards to claim 6, as best understood by the examiner, Umemoto further discloses at least one seal (250a) in communication with at least the vacuum-pumped interspace.
In regards to claim 7, as best understood by the examiner, Umemoto further discloses a first seal (250a) and a second seal (250b), wherein at least one of the first seal and second seal is in communication with the vacuum-pumped interspace and at least one of the first pipe connector and the second pipe connector (shown in fig. 4).
In regards to claim 8, Umemoto further discloses a port (249d) in fluid communication
with the vacuum-pumped interspace.
In regards to claim 11, Umemoto discloses a pipe having a pipeline connection seal
device, the pipe comprising:
a first pipeline (248) having a first pipeline outer wall defining a first pipeline interior (central bore);
a second pipeline (249) having a second pipeline outer wall defining a second
pipeline interior (central bore); and
the pipeline connection seal device in contact with the first pipeline and the second pipeline, the pipeline connection seal device comprising:
a first pipe connector (248a);
a second pipe connector (249a); and
a port (249d) in fluid communication with the vacuum-pumped interspace (250c) for producing a vacuum and allowing for sampling of substances (fig. 4 shows this capability);
a vacuum-pumped interspace (250c) defined by at least the first pipe connector and the second pipe connector, whereby the vacuum-pumped interspace reduces the pressure gradient across the pipeline connection seal device and monitors leaking hazardous substances and prevents them from escaping the scaling device and going ambient (see at least paragraph [0040]).
Umemoto does not disclose the first pipeline interior containing a first pipeline inner wall
and defining a first pipeline second interior between the first pipeline outer wall and the first
pipeline inner wall, the second pipeline interior containing a second pipeline inner wall and
defining a second pipeline second interior between the second pipeline outer wall and the second
pipeline inner wall.
However, Schmidt shows that it is known to use double-walled pipes (60, 50) that have
first and second interiors (61) between the walls in a connection with vacuum interspace (see fig.
2D and paragraph [0047]).
It would have been obvious before the effective filing date to one of ordinary skill in the
art to provide the first pipeline interior with a first inner wall and the second pipeline interior
with a second inner wall, in order to provide insulation of the inner space and allow the pipes to transport hot or cold fluids, as taught by Schmidt at paragraph [0003]. Further, it is inherent in
the combination that the interior spaces (61) of the pipelines would be in fluid communication
with the first and second pipelines (see fig. 2D of Schmidt and fig. 4 of Umemoto.
In regards to claim 16, Umemoto further discloses the first pipeline interior is in fluid
communication with the second pipeline interior (shown in fig. 3).
Response to Arguments
Applicant's arguments filed 27 May 2026 have been fully considered but they are not persuasive.
In response to applicant’s arguments regarding the amended language, see the updated rejections above which shows how these limitations are taught by Umemoto in view of Schmidt.
Applicant argues that the references teach away from their combination. The examiner disagrees. Schmidt is being relied upon merely to show the teaching that it is known to use double-walled pipes that have first and second interiors between the walls in a connection with vacuum interspace (see fig. 2D and paragraph [0047]). The fact that Umemoto is used for leak detection and containment does not prevent the structure disclosed from being used with a double-walled pipeline as taught by Schmidt. Therefore, this is not found persuasive.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 ZACHARY T DRAGICEVICH whose telephone number is (571)270-0505. The examiner can normally be reached Monday-Friday 8:00 - 4:30 EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Matthew D. Troutman can be reached at (571) 270-3654. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ZACHARY T DRAGICEVICH/ Primary Examiner, Art Unit 3679
07/10/2026