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 .
Election/Restrictions
Applicant’s election without traverse of Species II (figure 3) in the reply filed on 3/3/26 is acknowledged. The angle of incidence of the hub with respect to the surface of the pressure retaining item in figure 3 is substantially perpendicular. Accordingly, Species II is patentably distinct from the arrangement in claims 8-9 and 25-34 which requires an angle of incidence of the hub that is not substantially perpendicular to the surface of the pressure retaining item. Thus, claims 8-9 and 25-34 have been withdrawn by the examiner
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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 3-7 and 18-24 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.
In claim 1 it is unclear if the “at least one opening” in line 11 is the same as “an opening” in line 3. For purposes of examination the broadest reasonable interpretation has been applied.
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) 3-4 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Manzon (US 2006/0108795A1) in view of Barton (US 5,351,718).
With respect to claim 3, Manzon teaches a device (figures) for encapsulating at least a portion of a pressure retaining item (1) on one side, comprising: a pressure maintenance shell (9) having an inner surface, an outer surface and an opening (D) (figures 1-3); a hub (E) proximate to a perimeter of the pressure maintenance shell that extends substantially perpendicular from the inner surface, wherein the hub has an edge configured to be disposed integral with the pressure retaining item and surround a portion of the pressure retaining item (figures 1-3); wherein the hub is configured to be integrally attached by complete joint penetration (CJP) fusion welding to form a complete coalescence of metal of the hub and the pressure retaining item and form a cavity between the pressure retaining item and the device when integrally attached (figures 1-3; and paragraphs 8, 17, 21, 32, 34, 37, and 44); and wherein the pressure maintenance shell has at least one opening (D) extending from the inner surface to the outer surface (figures 1-3).
With respect to claim 3, Manzon does not teach at least one of: an inspection plate and an access plate attached to the outer surface of the pressure maintenance shell and covering the at least one opening.
However, Barton teaches an access flange assembly (A) having a flange (F) and a sealing plug (S) that is attached to the outer surface of a pressure maintenance shell (12) and covers the at least one opening (20) (figures 1-7; and column 2, line 45-column 5, line 27).
At the time of filing the claimed invention it would have been obvious to one of ordinary skill in the art to utilize the access flange assembly of Barton on the device of Manzon in order to allow access for inspection or insertion of test probes.
With respect to claim 4, Barton teaches at least one of: an inspection plate and an access plate (F/S) disposed on the outer surface of the shell and covering the opening (figures 1-7; and column 2, line 45-column 5, line 27); a plurality of bolts (52) configured to fasten the at least one of the inspection plate and the access plate to the pressure maintenance shell (figures 1-7; and column 2, line 45-column 5, line 27); and at least one of an o-ring and a gasket (54) disposed between the pressure maintenance shell and the at least one of the inspection plate and the access plate (figures 1-7; and column 2, line 45-column 5, line 27).
With respect to claim 19, Barton teaches a filler plate (28/84/116/118) attached to the inner surface of the pressure maintenance shell configured to at least partially fill the cavity (figures 1-5).
Claim(s) 3, 6-7, 18-19, and 22-23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Manzon (US 2006/0108795A1) in view of Tipton (US 2,492,507).
With respect to claim 3, Manzon teaches a device (figures) for encapsulating at least a portion of a pressure retaining item (1) on one side, comprising: a pressure maintenance shell (9) having an inner surface, an outer surface and an opening (D) (figures 1-3); a hub (E) proximate to a perimeter of the pressure maintenance shell that extends substantially perpendicular from the inner surface, wherein the hub has an edge configured to be disposed integral with the pressure retaining item and surround a portion of the pressure retaining item (figures 1-3); wherein the hub is configured to be integrally attached by complete joint penetration (CJP) fusion welding to form a complete coalescence of metal of the hub and the pressure retaining item and form a cavity between the pressure retaining item and the device when integrally attached (figures 1-3; and paragraphs 8, 17, 21, 32, 34, 37, and 44); and wherein the pressure maintenance shell has at least one opening (D) extending from the inner surface to the outer surface (figures 1-3).
With respect to claim 3, Manzon does not teach at least one of: an inspection plate and an access plate attached to the outer surface of the pressure maintenance shell and covering the at least one opening.
However, Tipton teaches a pressure maintenance shell (3) with at least one of: an inspection plate and an access plate (9/16) attached to the outer surface of the pressure maintenance shell and covering the at least one opening (5) (figures 1-5; and column 1, line 1-column 3, line 63).
At the time of filing the claimed invention it would have been obvious to one of ordinary skill in the art to utilize access plate of Tipton on the device of Manzon in order to form a leak-proof patch as to guard against sagging.
With respect to claim 6, the perforations 11 and/or passages 18 of Tipton are structurally capable of receiving an undefined monitoring device.
With respect to claim 7, Tipton teaches wherein the at least one opening in the pressure maintenance shell comprises a first opening (opening 5) and a second opening (opening for gauge 14); and the at least one of an inspection plate and an access plate cover the first opening (5) (figures 1-5; and column 1, line 1-column 3, line 63) and the second opening (opening for gauge 14) is a physical access port configured to receive a monitoring device (figures 1-5; and column 1, line 1-column 3, line 63).
With respect to claim 18, Tipton teaches wherein the at least one of the inspection plate and the access plate are attached to the outer surface of the pressure maintenance shell by at least one of: fasteners and welding (10).
With respect to claim 19, Tipton teaches a filler plate (9) attached to the inner surface of the pressure maintenance shell configured to at least partially fill the cavity (figures 1-5).
With respect to claim 22, Tipton teaches a monitoring device (pressure gauge 14) disposed in the physical access port.
With respect to claim 23, Tipton teaches wherein the monitoring device comprises at least one of: a pressure gauge (pressure gauge 14), a temperature sensor, a fluid detector, a pressure activated whistle, and a thickness measuring device (figures 1-5; and column 1, line 1-column 3, line 63).
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Manzon and Barton or Tipton as applied to claim 3 above, and further in view of Danielson et al. (US 3,150,690) (hereafter Danielson).
With respect to claim 5, Manzon and Barton or Tipton do not teach wherein the at least one of the inspection plate and the access plate comprises an inspection window.
However, Danielson teaches using an inspection window (22) on a pipe patch (figures 1-2; and column 3, line 63-column 4, line 7).
At the time of filing the claimed invention it would have been obvious to one of ordinary skill in the art to utilize the inspection window of Danielson on the collective apparatus of Manzon and Barton or Tipton in order to components below the window to be visually observed.
Claim(s) 20-21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Manzon and Barton or Tipton as applied to claim 3 above, and further in view of Cook et al. (US 2022/0088694A1) (hereafter Cook).
With respect to claims 20-21, Manzon and Barton or Tipton do not teach a guide track disposed on the outer surface proximate to the perimeter of the pressure maintenance shell and configured to receive one of: an automated welding device and a semi-automated welding device; and the automated welding device and the semi-automated welding device.
However, Cook teaches a guide track disposed on the outer surface proximate to the perimeter of a pipeline being automatically welded (figure 5; paragraphs 20, 30-32, and 37)
At the time of filing the claimed invention it would have been obvious to one of ordinary skill in the art to utilize the track and automated welder of Cook on the collective device of Manzon and Barton or Tipton in order to form a precision weld at the desired location without human error.
Allowable Subject Matter
Claim 24 would be allowable if rewritten 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 and to include all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Kiley Stoner whose telephone number is 571-272-1183. The examiner can normally be reached Monday-Thursday (9:30 a.m. to 8:00 p.m.).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Keith Walker can be reached on 571-272-3458. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KILEY S STONER/Primary Examiner, Art Unit 1735
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