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 .
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.
Claim 20 is 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 20, it is unclear what is meant by the phrase “of within about 7 °C”. Within about
7 °C of what? 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, 6-8, 10-13, 15-16 and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Harris, 10,450,937.
In regard to claim 1, Harris discloses (fig. 3) an article comprising a plurality of layers, the layers comprising:
one or more nonwoven layers 136, 124;
wherein each of the one or more nonwoven layers has a temperature resistance
of about 800 °C or greater (124 is made up of SiC, which can withstand temperatures higher than 800 °C); and
wherein the article is adapted to provide thermal insulation for an exhaust pipe (10);
and
wherein the article (134) is optionally adapted to be injected into the exhaust pipe as a
slurry or a powder (see col. 8, lines 9-15).
In regard to claim 2, wherein the exhaust pipe is a dual-walled pipe having an outer wall (120) and an inner wall (116) spaced apart from the outer wall.
In regard to claim 3, wherein the article (136, 124) is positioned between the outer wall and the inner wall (see fig. 3).
In regard to claim 4, wherein the article (136) abuts an outer surface of the inner wall (116).
In regard to claim 6, wherein the article (124) abuts an inner surface of the outer wall (120).
In regard to claim 7, wherein the article (136, 124) forms an airtight seal between the outer wall (120) and the inner wall (116).
In regard to claim 8, wherein the article is injected into the exhaust pipe as a slurry (see col. 8, lines 9-15).
In regard to claim 10, Harris discloses (see fig. 3) an exhaust pipe comprising:
(A) an inner wall (136);
(B) an outer wall (120) spaced apart from the inner wall; and
(C) an insulative material (124, 136) positioned between the inner wall and the outer wall, wherein the insulative material includes one or more nonwoven layers and has a temperature resistance of about 800 °C or greater (124 is made up of SiC, which can withstand temperatures higher than 800 °C).
In regard to claim 11, wherein the insulative material (136) abuts an outer surface of the inner wall (26).
In regard to claim 12, wherein the insulative material (124) abuts an inner surface of the outer wall (30).
In regard to claim 13, wherein the insulative material (124, 136) forms airtight seal with the outer wall and the inner wall.
In regard to claim 15, wherein the insulative material (124) is a slurry of material injected between the inner wall and the outer wall (see col. 8, lines 9-15).
In regard to claim 16, wherein the insulative material (136, 124) includes one or more surface layers (see fig. 3).
In regard to claim 20, wherein the exhaust pipe (10) maintains a temperature along a length of the exhaust pipe during operation of within about 7 °C.
Claim(s) 1-3, 5-6, 9-10, 12 and 16-18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Smith 7,424,931.
In regard to claim 1, Smith discloses an article (see figs. 2 and 4) comprising a plurality of layers, the layers comprising:
one or more nonwoven layers 64;
wherein each of the one or more nonwoven layers has a temperature resistance
of about 800 °C or greater; and
wherein the article is adapted to provide thermal insulation for an exhaust pipe.
In regard to claim 2, wherein the exhaust pipe is a dual-walled pipe having an outer wall (34) and an inner wall (either 40 or 32) spaced apart from the outer wall.
In regard to claim 3, wherein the article (64) is positioned between the outer wall and the inner wall.
In regard to claim 5, wherein the article (64) is spaced apart from an inner surface of the outer wall by an air gap (see 164 spaced from 134 in fig. 5).
In regard to claim 6, wherein the article (64) abuts an inner surface of the outer wall (34, see fig. 3).
In regard to claim 9, wherein the article (64) is preformed and inserted into the exhaust pipe.
In regard to claim 10, Smith discloses an exhaust pipe comprising:
(A) an inner wall (either 40 or 32);
(B) an outer wall (34) spaced apart from the inner wall; and
(C) an insulative material (64) positioned between the inner wall and the outer wall, wherein the insulative material includes one or more nonwoven layers (the roving is nonwoven) and has a temperature resistance of about 800 °C or greater.
In regard to claim 12, wherein the insulative material (64) abuts an inner surface of the outer wall (34).
In regard to claim 16, wherein the insulative material includes one or more surface layers (see figs. 3, 5 and 7).
In regard to claim 17, wherein the one or more surface layers is a metallic material (see figs. 2-3, 40 is the inner pipe, the insulation layer is 32 and 64 and 34 is the outer pipe, surface layer 32 is metallic).
In regard to claim 18, wherein the insulative material (164) is spaced apart from the outer wall (134) by an air gap (see fig. 5).
Claim(s) 1, 5, 9-10 and 18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by FR 2,906,307.
In regard to claim 1, FR ‘307 discloses an article comprising a plurality of layers, the layers comprising:
one or more nonwoven layers (142, 144);
wherein each of the one or more nonwoven (142) layers has a temperature resistance
of about 800 °C or greater; and
wherein the article is adapted to provide thermal insulation for an exhaust pipe (126);
and
wherein the article is optionally adapted to be injected into the exhaust pipe as a
slurry or a powder (142 is a powder).
In regard to claim 5, wherein the article (144) 1is spaced apart from an inner surface of the outer wall by an air gap (see fig. 5).
In regard to claim 9, wherein the article (144) is preformed and inserted into the exhaust pipe.
In regard to claim 10, discloses an exhaust pipe comprising:
(A) an inner wall (126);
(B) an outer wall (148A) spaced apart from the inner wall; and
(C) an insulative material (142, 144) positioned between the inner wall and the outer wall, wherein the insulative material includes one or more nonwoven layers (142) and has a temperature resistance of about 800 °C or greater.
In regard to claim 18, wherein the insulative material (144) is spaced apart from the outer wall by an air gap (see fig. 5).
Claim(s) 10, 14 and 19-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Stiles 5,400,830.
In regard to claim 10, Stiles discloses an exhaust pipe comprising:
(A) an inner wall (12);
(B) an outer wall (16) spaced apart from the inner wall; and
(C) an insulative material (14) positioned between the inner wall and the outer wall, wherein the insulative material includes one or more nonwoven layers and has a temperature resistance of about 800 °C or greater.
In regard to claim 14, wherein a fluid high temperature-resistant adhesive is injected between the outer wall and the inner wall to fill any cavity formed therebetween (the insulation is injected as a uncured ceramic foam and then cured (see col. 2, lines 61-65), acting as an adhesive between the inner and outer pipes.
In regard to claim 19, the insulative material has a thickness of about 5 to 7 mm (see col. 2, line 31, where the thickness of the insulation is between .1 and .5 inches)
In regard to claim 20, wherein the exhaust pipe maintains a temperature along a length of the exhaust pipe during operation of within about 7 °C.
Claim(s) 10 and 17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kaneko 3,963,547.
In regard to claim 10, Kaneko discloses an exhaust pipe comprising:
(A) an inner wall 4;
(B) an outer wall 1 spaced apart from the inner wall; and
(C) an insulative material (2,3) positioned between the inner wall and the outer wall, wherein the insulative material includes one or more nonwoven layers (2) and has a temperature resistance of about 800 °C or greater.
In regard to claim 17, wherein the one or more surface layers (3) is a metallic material.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Moore, Saito, Lubenow, Latham, Sugimoto and Merry disclose similar pipes 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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Matthew 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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/DAVID BOCHNA/Primary Examiner, Art Unit 3679
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