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 .
Drawings
The drawings were received on 10/14/2024. These drawings are acceptable.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation is: force transmitting structure in claim 1, line 12.
Because this claim limitation is being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it is being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. With respect to the specification and drawings, the force transmitting structure will be cap shaped structure attached to an end of a pipe section which maintains structural integrity of a distal end of a pipe. Evidence can be seen in Fig. 1.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 1-18 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.
Regarding claim 1, the phrase "or other insulation materials", lines 3-4, renders the claim indefinite because the claim include elements not actually disclosed (those encompassed by "or other insulation materials"), thereby rendering the scope of the claim unascertainable. See MPEP § 2173.05(d). Claims 2-7 and 13-18 are rejected due to their dependency on claim 1.
Claim 8 recites the limitations "their end faces" in line 7 and “the welded junction” in lines 14-15. There is insufficient antecedent basis for these limitations in the claim. While there is a recitation of welded junction prior to lines 14-15, the previous recitation is for a junction at the central metal tubes but there is no previous indication or recitation of an outer casing layer welded junction. Claims 9-11 are rejected due to their dependency on claim 8.
Regarding claim 12, the claim is unclear. For the purposes of rejection under prior art, claim 12 will be treated as independent until directed otherwise. Appropriate correction is required.
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 12 is rejected under 35 U.S.C. 103 as being unpatentable over Edmonson et. al. (US 2014/0311614) in view of Siders et. al. (US 2014/0361531).
Regarding claim 12, Edmonson teaches: A method of trenchless installation of a district heating pipe, comprising: providing a first district heating pipe section according; providing further district heating pipe sections without force transmitting structures (providing multiple district heating pipe sections [Fig. 3]), each district heating pipe section comprising a central metal tube (central metal tube 1 [Fig. 1 and Para. 50, lines 3-7]), a thermal insulation layer (thermal insulation layer 6 [Fig. 1 and Para. 55, lines 1-5]), a jacket layer (jacket layer 9 surrounding insulation layer 6 [Fig. 1 and Para. 71, lines 1-5]), and an outer casing layer (outer casing layer 7 [Fig. 1 and Para. 80, line 1 - Para.81, line 4]); joining the faces of the central metal tubes by welding (joined by a joint weld 11 [Fig. 1 and Para. 86]); restoring the thermal insulation layer; restoring the jacket layer (restoring the thermal insulation layer 6 and jacket layer 9 by filling gap with field joint insulation layer 13 [Fig. 3 and Para. 90, lines 7-14]); and joining the outer casing layer (joining the outer casing layer 7 by filling gap with field joint insulation layer 13 [Fig. 3 and Para. 90, lines 7-14]).
Edmonson fails to teach: said first district heating pipe section comprising a force transmitting structure.
Siders teaches: a pipe section comprising a force transmitting structure (pipe section 10 comprising force transmitting structure 100 at a distal end [Fig. 1 and Para. 21, lines 1-9]).
It would have been obvious to someone skilled in the art before the effective filing date of the claimed invention to combine the transporting conduit of Edmonson et. al. with the force distributing member of Siders et. al. in order to provide strain relief to pipelines to prevent damage to pipeline and connected equipment due to shearing stress and outside forces (Siders et. al. - Para. 5).
Allowable Subject Matter
Claims 1- would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter:
The prior art of record does not disclose or reasonably suggest, nor combination thereof, the district heating pipe section having the combination of features set forth in claims 1 and 8.
US 20140311614 to Edmondson et. al. and US 20140361531 to Siders et. al. may be seen as close prior art in certain aspects but fail to expressly teach the district heating pipe comprising a force transmitting structure comprised of metal and the outer casing layers between joined district heating pipe sections being connected via glass fibre-reinforced plastic as described in independent claims 1 and 8, respectively.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Parazoo et. al. (US 10,955,071) teaches: a double wall coaxial pipe with strength support members (Fig. 6 and abstract).
Stephenson et. al. (US 4,332,401) teaches: insulated casing assembly for joining plurality of sections in a leak-proof connection and protection the insulation from damage (Fig. 3 and abstract).
Stephenson (US 4,635,967) teaches: an insulated casing assembly of section joined by threaded connection and weld rings (Fig. 1 and abstract).
Dipling et. al. (DE 4230892) teaches: laying district heating pipe sections comprising a corrugated metal tube, insulation layer, and a protective casing layer (Fig. 2 and abstract).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSHUA DENNIS LEARY whose telephone number is (571)272-1685. The examiner can normally be reached Monday-Friday 8:30am - 5:00pm.
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/JOSHUA D LEARY/Examiner, Art Unit 3753
/CRAIG M SCHNEIDER/Supervisory Patent Examiner, Art Unit 3753
