DETAILED ACTION
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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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 1-5 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 1, hence claims 2-5 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being incomplete for omitting essential elements, such omission amounting to a gap between the elements. See MPEP § 2172.01. In claim 1, the omitted element is: a tubular/elongate plunger. Claim 1 is directed to a prop and as described in the specification and figure 1, the prop 10 comprises the cylindrical body 12 and the elongate plunger to provide a complete and functionally working prop.
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.
Insofar as understood, claim(s) 1 and 2 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by McGrath et al (US 6,395,359).
As to claim 1, McGrath et al discloses a support prop, comprising: an elongate cylindrical body 10 with a first end which is sealed; an opposing second end which is open; a bore and a wall which bounds the bore; and wherein the wall includes an inner metallic liner 14 which faces the bore and an outer shell 12 which is made from a composite material and which surrounds and reinforces the liner.
As to claim 2, McGrath et al discloses wherein the liner 14 is made from aluminium (see col. 2, lines 50-52) or an aluminium alloy, and the composite material comprises a reinforced plastics material (see col.2 lines 37-38, i.e. polymer coating).
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.
Insofar as understood, claim(s) 3-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over McGrath et al (US 6,395,359) in view of Roach et al (US 2014/0072374).
As to claim 3, McGrath et al discloses all that is claimed except for wherein the first end is sealed by a force transferring component and wherein the prop includes a one-way filler valve which is fixed to the body close to the first end and which is operable to allow a fluid under pressure to be introduced into the bore. Roach discloses a first end sealed by a force transmitting component 22 and a one-way filler valve 60. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide a force transferring component and a one-way filler valve as disclosed by Roach et al, since doing so provides the expected benefit of supporting and actuating a prop.
As to claim 4, McGrath discloses all that is claimed except the tubular plunger which extends through the open second end into the bore, the plunger including a leading end with a piston and a seal, on the piston which is configured to engage in a sealing and sliding manner with an inner surface of the liner, the prop including a pressure relief valve which is configured to allow fluid under pressure in excess of a predetermined threshold pressure value to flow from an interior of the bore between the leading end of the plunger and the first end of the cylindrical body. Roach discloses the tubular plunger 38 which extends through the open second end into the bore, the plunger including a leading end with a piston 42 and a seal 40, on the piston which is configured to engage in a sealing and sliding manner with an inner surface of the liner, the prop including a pressure relief valve 50 which is configured to allow fluid under pressure in excess of a predetermined threshold pressure value to flow from an interior of the bore between the leading end of the plunger and the first end of the cylindrical body. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the tubular plunger which extends through the open second end into the bore, the plunger including a leading end with a piston and a seal, on the piston which is configured to engage in a sealing and sliding manner with an inner surface of the liner, the prop including a pressure relief valve which is configured to allow fluid under pressure in excess of a predetermined threshold pressure value to flow from an interior of the bore between the leading end of the plunger and the first end of the cylindrical body as disclosed by Roach et al, since doing so provides the expected benefit of actuating a prop.
As to claim 5, Roach et al further discloses wherein the pressure relief valve 50 is mounted to the piston so that said fluid under pressure flows into an interior of the plunger (see figure 1). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide pressure relief valve as disclosed by Roach et al, since doing so provides the expected benefit of allowing fluid at a pressure in excess of a predetermined level to flow into an interior of the plunger.
As to claim 6, McGrath et al discloses a support prop, comprising: a cylindrical aluminium liner 14 which is externally reinforced with a shell made from a composite material 12. McGrath et al does not discloses the plunger with a seal which engages with an inner surface of the liner; a filler valve through which a volume inside the liner, adjacent the seal, in use, is pressurized with a fluid; and a pressure relief valve which in use allows fluid under pressure to escape from the volume as the plunger is forced into the liner. Roach et al discloses the plunger 38 with a seal 40 which engages with an inner surface of the liner; a filler valve 60 through which a volume inside the liner, adjacent the seal, in use, is pressurized with a fluid; and a pressure relief valve 50 which in use allows fluid under pressure to escape from the volume as the plunger is forced into the liner. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the tubular plunger which extends through the open second end into the bore, the plunger including a leading end with a piston and a seal, on the piston which is configured to engage in a sealing and sliding manner with an inner surface of the liner, the prop including a pressure relief valve which is configured to allow fluid under pressure in excess of a predetermined threshold pressure value to flow from an interior of the bore between the leading end of the plunger and the first end of the cylindrical body as disclosed by Roach et al, since doing so provides the expected benefit of actuating a prop.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FREDERICK L LAGMAN whose telephone number is (571)272-7043. The examiner can normally be reached Tuesday-Friday 8am-6:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amber Anderson can be reached at 571-270-5281. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/FREDERICK L LAGMAN/Primary Examiner, Art Unit 3678