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
.
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 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.
Priority
Acknowledgment is made that this application is a division of parent application 17679594 (USPN 12173831).
Information Disclosure Statement
While it is not necessary for the Applicant to submit an information disclosure statement that lists the prior art reference(s) previously cited and considered by the Office in the parent application for the latter filed continuing application claiming the benefit under 35 U.S.C. 120 to said parent application (other than an international application that designated the U.S.), the information will not be printed on any patent issuing from the continuing application unless cited by the Applicant on an IDS or by the Examiner on a PTO-892 for the present application. See MPEP § 609.02. While the Examiner has reviewed the reference(s) of the parent application(s), the Examiner has not verified that all of the reference(s) listed in the parent application(s) appear on the present IDS and/or PTO-892.
The information disclosure statement(s)
(IDS) submitted on 10/31/2024 is/are being considered by the Examiner.
However, the Examiner has identified multiple discrepancies between the publication numbers and the supposedly corresponding inventors and publication dates. To the best understanding of the Examiner, there were typos in a few of the publication numbers, whereas the publication date and inventor names of the same row belong to the intended publication to be cited (the Examiner recognized the inventor names as notable prior art from the parent application, whereas the literal publication numbers did not appear to be relevant to the invention of the instant application). Confirmation of the Examiner’s correction of the typos on the Examiner annotated IDS and/or Applicant’s correction of the discrepancies between the publication numbers and the corresponding publication date and inventors is respectfully requested.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5), and correspondingly for PCT 11.13(l), because they include the following reference character(s) not mentioned in the description: “259” (fig. 14). See drawing objection below.
Likely related to the above drawing objection, the drawings are objected to as failing to comply with 37 CFR 1.84(p)(5), and correspondingly for PCT 11.13(l), because they do not include the following reference sign(s) mentioned in the description: “59” ([0106]).
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action.
The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to
because of the following informalities:
There are inconsistencies between the written specification and the drawings, see Drawing Objections for details.
Appropriate correction is required.
The title of the invention is not descriptive.
A new title is required that is clearly indicative of the invention to which the claims are directed. This may result in slightly longer titles, but the loss in brevity of title will be more than offset by the gain in its informative value in indexing, classifying, searching, etc. If a satisfactory title is not supplied by the applicant, the Examiner may, at the time of allowance, change the title by an Examiner’s amendment. See MPEP § 1302.04(a).
The following title is suggested:
“SMART PIPELINE INSPECTION SYSTEM WITH CAMERA AND DRIVE CONTROL”.
Applicant is reminded of the proper content, language, and/or format for an abstract of the disclosure:
A patent abstract is a concise statement of the technical disclosure of the patent and should include that which is new in the art to which the invention pertains. The abstract should not refer to purported merits or speculative applications of the invention and should not compare the invention with the prior art.
If the patent is of a basic nature, the entire technical disclosure may be new in the art, and the abstract should be directed to the entire disclosure. If the patent is in the nature of an improvement in an old apparatus, process, product, or composition, the abstract should include the technical disclosure of the improvement. The abstract should also mention by way of example any preferred modifications or alternatives.
Where applicable, the abstract should include the following: (1) if a machine or apparatus, its organization and operation; (2) if an article, its method of making; (3) if a chemical compound, its identity and use; (4) if a mixture, its ingredients; (5) if a process, the steps.
Extensive mechanical and design details of an apparatus should not be included in the abstract. The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
The abstract of the disclosure is objected to because:
insufficient assistance to the reader
(the Examiner notes in particular that the Abstract is still directed to the invention of the parent application; the Examiner is requesting that the present Abstract for this divisional application include instead assistance to the reader in understanding the present invention, and in particular the Examiner generally suggests inclusion of structure and use for the claimed limitations of the smart ball for pipeline inspection such as the camera and its intended use checking pipeline state, GPS/gyro or more general motion detection and association of imaging information and location information, driving means preferably with some small useful mechanical details, and spraying of scale remover and/or adhesive and use for maintenance and possibly connected to positioning via driving means).
Appropriate correction is required. See MPEP § 608.01(b) for guidelines for the preparation of patent abstracts.
Claim Objections
Claim(s) 2 is/are objected to because of the following informalities:
As to claim 2,
“the pipe”, while understood by the Examiner to reference a pipe of the pipeline, lacks explicit antecedent reference thereto.
Appropriate correction is required.
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.
Use of the word “means” (or “step for”) in a claim with functional language creates a rebuttable presumption that the claim element is to be treated in accordance with 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph). The presumption that 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph) is invoked is rebutted when the function is recited with sufficient structure, material, or acts within the claim itself to entirely perform the recited function.
Absence of the word “means” (or “step for”) in a claim creates a rebuttable presumption that the claim element is not to be treated in accordance with 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph). The presumption that 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph) is not invoked is rebutted when the claim element recites function but fails to recite sufficiently definite structure, material or acts to perform that function.
Claim elements in this application that use the word “means” (or “step for”) are presumed to invoke 35 U.S.C. 112(f) except as otherwise indicated in an Office action. Similarly, claim elements that do not use the word “means” (or “step for”) are presumed not to invoke 35 U.S.C. 112(f) except as otherwise indicated in an Office action.
As explained in MPEP § 2181(I) claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (bold for emphasis):
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Note also that MPEP § 2181(I)(B) states that “In certain circumstances, it is also not necessary to use a linking word if other words used with “means”, or the generic placeholder, convey the function.”
As explained in MPEP § 2181(II)(B) Computer-Implemented Means-Plus-Function Limitations (bold for emphasis):
In cases involving a special purpose computer-implemented means-plus-function limitation, the Federal Circuit has consistently required that the structure be more than simply a general purpose computer or microprocessor and that the specification must disclose an algorithm for performing the claimed function;
Applicant may express the algorithm in any understandable terms including as a mathematical formula, in prose, in a flow chart, or “in any other manner that provides sufficient structure;
If it is unclear whether there is sufficient supporting structure or whether the algorithm is adequate to perform the entire claimed function, it is appropriate to reject the claim under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph; and
The Examiner should determine whether one skilled in the art would know how to program the computer to perform the necessary steps described in the specification (i.e., the invention is enabled), and that the inventor was in possession of the invention (i.e., the invention meets the written description requirement).
The following claim limitation(s) has/have been interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, with any exceptions noted:
“driving means”,
having generic placeholder “means” coupled with functional language “driving and “for rotating the smart ball” without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier, whereby
claim(s) 1-3 has/have been interpreted
to cover the corresponding structure described in the disclosure that achieves the claimed function, and equivalents thereof, said corresponding structure found in at least
[0074] The second embodiment of the present disclosure includes a smart ball 210, a main body 220, and a driving unit 230, also referred to as a driving means.
[0083] The driving unit 230 includes: a driving wheel 231 provided at the lower side of the main body 220 so that the lower peripheral portion comes into close contact with the inner circumferential surface of the smart ball 210; and a driving motor 232 connected to the driving wheel 231.
[0084] In this instance, auxiliary wheels 233 are disposed on the front and rear sides of the lower surface of the main body 220 to get in close contact with the inner circumferential surface of the smart ball 210.
[0085] Therefore, as illustrated in FIG. 12, when the driving wheel 231 is driven by the driving motor 232, the smart ball 210 is rotated.
[0095] Additionally, the driving unit 230 includes: a driving wheel 231 provided at the lower side of the main body 220 so that the lower peripheral portion comes into close contact with the inner circumferential surface of the smart ball 210; and a driving motor 232 connected to the driving wheel 231. When the driving motor 232 rotates the driving wheel 231, the smart ball 210 is also rotated.
[0096] Therefore, the smart ball 210 can be effectively rotated in forward or reverse directions.
[0100] Additionally, the driving unit 230 includes first and second driving shafts 234 and 235 extending to both sides of the main body 220 and respectively connected to the first and second rotating parts 213 and 214, and a pair of driving motors 236 connected to the first and second driving shafts 234 and 325 to drive the first and second driving shafts 234 and 325.
[0101] Therefore, when the driving motor 236 is selectively driven, the first and second rotating parts 213 and 214 are selectively rotated forward and backward so that the pipeline inspection system can be moved forward and backward or change the direction.
The Examiner’s interpretation of the corresponding structure is “motor(s) connected to at least one of (a) wheel(s) and rotating part(s) of the smart ball body”.
However, dependent
claim(s) 4-5 provide sufficient structure
to rebut invocation (see claim 4 pertaining to driving shafts for rotating parts of the body; see claim 5 pertaining to driving wheel).
“chemical spraying means”,
having generic placeholder “means” coupled with functional language “chemical spraying” and “to spray chemicals for removing scale” without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier, whereby
claim(s) 3-4 has/have been interpreted
to cover the corresponding structure described in the disclosure that achieves the claimed function, and equivalents thereof, said corresponding structure found in at least (bold added for emphasis)
[0093] Furthermore, the main body 220 further includes: a chemical spraying means 250 operated by the control means 244 to spray chemicals for removing scale, and a water leakage blocking means 260 for repairing a water leakage point. Discharge holes 211 are formed in the middle parts of both sides of the smart ball. The chemical spraying means 250 and the water leakage blocking means 260 respectively comprise: reservoirs 251 and 261 in which chemicals for removing scale are stored; connection pipes 252 and 262 for connecting the reservoirs 251 and 261 and the discharge holes 211 to each other; and supply pumps 253 and 263 respectively provided at the middle portions of the connection pipes 252 and 262. A worker manipulates the remote controller 270 to control the chemical spraying means 250 and the water leakage blocking means 260, thereby removing the scale stained on the inside of the pipe 1 or blocking fine holes or cracks formed in the pipe 1.
[0080] The chemical spraying means 250 and the water leakage blocking means 260 respectively include: reservoirs 251 and 261, in which chemicals for removing scale are stored; connection pipes 252 and 262 for connecting the reservoirs 251 and 261 and the discharge holes 211 to each other; and supply pumps 253 and 263 respectively provided at the middle portions of the connection pipes 252 and 262. When the supply pumps 253 and 263 are operated, the chemicals for removing scale or the adhesives for blocking water leakage which are respectively stored in the reservoirs 251 and 261 are discharged through the discharge holes 211, thereby removing the scale stained on the inside of the pipe 1 or blocking holes or cracks formed in the pipe 1.
[0081] In this instance, the chemicals for removing scale sprayed from the chemical spraying means 250 or the water leakage blocking adhesives sprayed from the water leakage blocking means 260 has been developed and used in various types, and therefore, a detailed description thereof is omitted.
[0027] According to another embodiment of the present disclosure, the chemical spraying means includes: a first injection hole provided on the circumferential surface of the first rotating part; a first storage container provided in the main body and connected to a first rotary coupler provided on the first driving shaft through a first supply pipe; a first supply pump provided in the first supply pipe; and a second supply pipe connecting the first driving shaft and the first injection hole.
The Examiner’s interpretation of the corresponding structure is “reservoir with scale removing chemical(s) (said chemical being conventional/known in the art or otherwise compatibly useable; Examiner agrees that detailed description is unnecessary), pump(s), pipe(s) and/or connector(s), and discharge hole(s)” (Examiner generally notes that a sprayer is well-understood in the art).
“water leakage blocking means”,
having generic placeholder “means” coupled with functional language “water blockage and “for repairing a water leakage point” without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier, whereby
claim(s) 3-4 has/have been interpreted
to cover the corresponding structure described in the disclosure that achieves the claimed function, and equivalents thereof, said corresponding structure found in at least (bold added for emphasis)
[0093] Furthermore, the main body 220 further includes: a chemical spraying means 250 operated by the control means 244 to spray chemicals for removing scale, and a water leakage blocking means 260 for repairing a water leakage point. Discharge holes 211 are formed in the middle parts of both sides of the smart ball. The chemical spraying means 250 and the water leakage blocking means 260 respectively comprise: reservoirs 251 and 261 in which chemicals for removing scale are stored; connection pipes 252 and 262 for connecting the reservoirs 251 and 261 and the discharge holes 211 to each other; and supply pumps 253 and 263 respectively provided at the middle portions of the connection pipes 252 and 262. A worker manipulates the remote controller 270 to control the chemical spraying means 250 and the water leakage blocking means 260, thereby removing the scale stained on the inside of the pipe 1 or blocking fine holes or cracks formed in the pipe 1.
[0080] The chemical spraying means 250 and the water leakage blocking means 260 respectively include: reservoirs 251 and 261, in which chemicals for removing scale are stored; connection pipes 252 and 262 for connecting the reservoirs 251 and 261 and the discharge holes 211 to each other; and supply pumps 253 and 263 respectively provided at the middle portions of the connection pipes 252 and 262. When the supply pumps 253 and 263 are operated, the chemicals for removing scale or the adhesives for blocking water leakage which are respectively stored in the reservoirs 251 and 261 are discharged through the discharge holes 211, thereby removing the scale stained on the inside of the pipe 1 or blocking holes or cracks formed in the pipe 1.
[0081] In this instance, the chemicals for removing scale sprayed from the chemical spraying means 250 or the water leakage blocking adhesives sprayed from the water leakage blocking means 260 has been developed and used in various types, and therefore, a detailed description thereof is omitted.
[0028] According to another embodiment of the present disclosure, the leakage blocking means includes: a second injection hole provided in the circumferential surface of the second rotating part; a second storage container provided in the main body and connected to a second rotary coupler provided on the second driving shaft through a third supply pipe; and a fourth supply pipe connecting the second driving shaft and the second injection hole.
The Examiner’s interpretation of the corresponding structure is “reservoir with adhesive(s) (said adhesives being conventional/known in the art or otherwise compatibly useable; Examiner agrees that detailed description is unnecessary), pump(s), pipe(s) and/or connector(s), and discharge hole(s)” (Examiner notes that a sprayer is well-understood in the art).
With regards to the “control means”, including (emphasis in italics) “control means provided in said main body to receive signals from the camera, the gyro sensor, and the GPS receiver and to control operations of the driving means” (claim 1), “control means can wirelessly communicate with a remote controller manipulated by a worker” (claim 2), and “wherein the main body comprises a chemical spraying means operated by the control means to spray chemicals for removing scale” (claim 3), the Examiner’s claim interpretation is that “control means” includes controller. With regards to details of the controller and algorithms, the Examiner generally notes that in accordance with MPEP § 2164.05(a), the specification need not disclose what is well-known to those skilled in the art and preferably omits that which is well-known to those skilled and already available to the public. In re Buchner, 929 F.2d 660, 661, 18 USPQ2d 1331, 1332 (Fed. Cir. 1991); Hybritech, Inc.v. Monoclonal Antibodies, Inc., 802 F.2d 1367, 1384, 231 USPQ 81, 94 (Fed. Cir. 1986), cert. denied, 480 U.S. 947 (1987); and Lindemann Maschinenfabrik GMBHv. American Hoist & Derrick Co., 730 F.2d 1452, 1463, 221 USPQ 481, 489 (Fed. Cir. 1984). In the present case, a controller (Examiner interpretation for control means) is generally considered well-known in the art of the same endeavor for controlling pigs including for receiving pig sensor data, controlling pig driving, and/or for robotic pig operations, and the types of limitations do not constitute a class of structures for which a controller would not ordinarily connote, or be used for other than the ordinary sense of what one of ordinary skill in the art would understand as sufficient to define the structure and make the boundaries of the claim understandable; see prior art of record (i.e., for purposes of disclosure and enablement, the Examiner considers utilizing a controller to not require additional explanation from Applicant beyond which is already provided in the instant disclosure; this is not an evaluation of the obviousness of the claims as a whole). See also MPEP § 2181(II), especially noting configurations for coextensive functions & sufficiency of structure for basic functions.
If Applicant wishes to provide further explanation or dispute the Examiner’s interpretation including of the corresponding structure, Applicant should identify the corresponding structure with reference to the specification by page and line number, and to the drawing, if any, by reference characters in response to this Office action.
If Applicant does not intend to have the claim limitation(s) treated under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112 , sixth paragraph, Applicant may amend the claim(s) so that it/they will clearly not invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, or present a sufficient showing that the claim recites/recite sufficient structure, material, or acts for performing the claimed function to preclude application of 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
For more information, see MPEP § 2173 et seq. and Supplementary Examination Guidelines for Determining Compliance With 35 U.S.C. 112 and for Treatment of Related Issues in Patent Applications, 76 FR 7162, 7167 (Feb. 9, 2011).
Claim Rejections - 35 USC § 102/103
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
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) 1-2 and 5 is/are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as anticipated by newly cited Chiu et al (US 20190170597 A1; hereafter “Chiu”) or, in the alternative, under 35 U.S.C. 103 as obvious over newly cited Chiu in view of Applicant cited Kim* (KR 101046216 B1; hereafter “Kim”).
*machine translation provided by Examiner with foreign document and utilized for English citations
Regarding independent claim 1,
Chiu teaches a pipeline inspection system (fig. 3, pipeline leakage detection system 100 with ball-type detection device 110; see fig. 4, showing details of ball-type detection device 110) (Title “Pipeline Leakage Detection System And Method Thereof”; Abstract; [0007] “The ball-type detection device is operated in a pipeline” and “ball-type casing, a posture detection module, a controlling module, a processing module, a plurality of infrared thermal imagers and a wireless transceiver module” and “performs image analysis on the plurality of time images to determine whether the pipeline has a leaking location”; [0032] “The controlling device 130 is configured to receive the positioning information and transmit a control signal to the wireless transceiver module 116. The processing module 114 can control, according to the control signal received by the wireless transceiver module 116, the plurality of motors 60 to drive the plurality of wheels 50, so that the ball-type detection device 110 can be moved to the specific location of the pipeline, which is the particular location in the anticipated pipeline”; [0033] “the user can transmit, through the controlling device 130, the control signal to the wireless transceiver module 116”) comprising:
a smart ball (figs. 3-4, ball-type detection device 110; particularly transparent shell member 111 of ball-type detection device 110) formed of a transparent material ([0026] “The ball-type casing 111 is a spherical shell member, and can be, but not limited to, a transparent shell member”) (Examiner notes at once so envisaged as “smart”, see at least claim limitations and citations below pertaining thereto; additional obviousness analysis provided);
a main body (body of ball-type detection device 110 within transparent shell member 111) provided inside the smart ball (figs. 3-4, ball-type detection device 110);
a camera (figs. 3-4, infrared thermal imager 115) provided in the main body (body of ball-type detection device 110 within transparent shell member 111) to capture images (thermal images) of the outside through the smart ball (figs. 3-4, ball-type detection device 110) ([0026] “a transparent shell member. Each infrared thermal imager 115 is configured to gather infrared radiation energy from a target object in a view field thereof and convert the infrared radiation energy into a temperature value. The size of the view field of the infrared thermal imager 115 is determined by the optical components of the infrared thermal imager 115 and a location of the infrared thermal imager 115”) (Examiner notes that an infrared thermal imager is a reasonable interpretation for a camera; additional obviousness analysis for narrower interpretation further provided);
a gyro sensor (gyroscope of posture detection module 112) and a GPS receiver (GPS of positioning module 118) provided on the main body (body of ball-type detection device 110 within transparent shell member 111) ([0026] “Preferably, the posture detection module 112 can be, but not limited to, a gyroscope”; [0033] “the positioning module 118 of the ball-type detection device 110 can be, but not limited to, a positioning module having global satellite positioning system (GPS)”);
a driving means (figs. 3-4, controlling module 113) for rotating the smart ball (figs. 3-4, ball-type detection device 110) ([0027] “The controlling module 113 comprises a plurality of wheels 50, a plurality of motors 60 and a bearing base 70. The plurality of wheels 50 are disposed correspondingly to the plurality of motors 60 one-to-one, and the processing module 114 is electrically connected to the plurality of motors 60. The motors 60 are configured to drive the wheels 50 which are in rolling contact with a bottom of the ball-type casing 111”), (Examiner’s terse understanding of “driving means” follows)
said driving means (figs. 3-4, controlling module 113) comprising a motor (figs. 3-4, motor 60) connected with a wheel (figs. 3-4, wheel 50); and
a control means (figs. 3-4, processing module 114 with wireless transceiver module 116) provided in said main body (body of ball-type detection device 110 within transparent shell member 111) to receive signals from the camera (figs. 3-4, infrared thermal imager 115), the gyro sensor (gyroscope of posture detection module 112), and the GPS receiver (GPS of positioning module 118) and to control operations of the driving means (figs. 3-4, controlling module 113) ([0028] “processing module 114 is configured to control, according to the angular velocity data, the plurality of motors 60 to drive the plurality of wheels 50”; [0029] “processing module 114 can control the plurality of motors 60 to drive the plurality of wheels 50 according to the angular velocity data outputted from the posture detection module 112”; [0032] “The positioning module 118 is disposed on the bearing base 70 and electrically connected to the processing module 114”; [0032] “The processing module 114 can control, according to the control signal received by the wireless transceiver module 116, the plurality of motors 60 to drive the plurality of wheels 50, so that the ball-type detection device 110 can be moved to the specific location of the pipeline”).
Chiu does not explicitly call the pipeline inspection ball a “smart” ball, nor call the imager a “camera”.
Kim explicitly teaches a smart ball comprising a camera (Title “SMART-BALL FOR DETECTING A LEAKAGE POSITION IN WATER PIPES EMBEDDED IN UNDERGROUND”; Abstract “A smart-ball for detecting the leak of water at water pipes buried in ground is provided to accurately detect a water leaking point due to cracks of pipes. CONSTITUTION: A smart-ball for detecting the leak of water at water pipes comprises a main body, a camera, a lighting device, a microphone gyro sensor, an acceleration sensor, a CPU, a memory”).
Either one of ordinary skill in the art at the time the invention was effectively filed would at once envisaged that Chiu reasonably teaches a smart ball with a camera (see citations and Examiner explanations of Chiu above), or nevertheless, or in the alternative, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Kim’s explicit smart and (optical) camera inspection features with Chiu’s pipeline inspection system thereby providing the expected benefits of enabling an operator to smartly (optically) monitor and smartly control the inspection of a pipeline. With further regards to optical, the Examiner notes that optical is more familiar to operators/users and therefore easier for an operator to at once visually understand; furthermore, access to a broader spectrum of light provides additional useful data for analysis.
With yet further respect to “smart”, The Examiner additionally notes that in Dystar Textilfarben GmbH & Co. Deutschland KG v. C.H. Patrick, 464 F.3d 1356, 1368, 80 USPQ2d 1641, 1651 (Fed. Cir. 2006): “Indeed, we have repeatedly held that an implicit motivation to combine exists not only when a suggestion may be gleaned from the prior art as a whole, but when the ‘improvement’ is technology-independent and the combination of references results in a product or process that is more desirable, for example because it is stronger, cheaper, cleaner, faster, lighter, smaller, more durable, or more efficient. Because the desire to enhance commercial opportunities by improving a product or process is universal—and even common-sensical—we have held that there exists in these situations a motivation to combine prior art references even absent any hint of suggestion in the references themselves.” In the present case, making a pipeline apparatus “smart” is a common-sense desirable enhancement well-known in the art. See MPEP § 2144(II).
Regarding claim 2, which depends on claim 1,
Chiu teaches wherein the smart ball (figs. 3-4, ball-type detection device 110) has a diameter smaller than the inner diameter of the pipe (pipe of pipeline; not shown) so as to be inserted into the pipe (pipe of pipeline; not shown), and the control means (figs. 3-4, processing module 114 with wireless transceiver module 116) can wirelessly (via wireless transceiver module 116) communicate with a remote controller (fig. 3, controlling device 130) manipulated by a worker (user) ([0032] “The controlling device 130 is configured to receive the positioning information and transmit a control signal to the wireless transceiver module 116. The processing module 114 can control, according to the control signal received by the wireless transceiver module 116, the plurality of motors 60 to drive the plurality of wheels 50, so that the ball-type detection device 110 can be moved to the specific location of the pipeline, which is the particular location in the anticipated pipeline”; [0033] “Upon demand, the user can transmit, through the controlling device 130, the control signal to the wireless transceiver module 116, so that the processing module 114 can control, according to the control signal received by the wireless transceiver module 116, the plurality of motors 60 to drive the plurality of wheels 50, thereby controlling the ball-type detection device 110 to move to the specific location of the pipeline”).
The Examiner further emphasizes that It has been held that a mere change in size is generally recognized as being within the level of ordinary skill in the art, see MPEP § 2144.04(IV)(A), In re Rose, 105 USPQ 237 (CCP A 1955), In re Rinehart, 531 F.2d 1048, 189 USPQ 143 (CCPA 1976), and Gardnerv.TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984). In the present case, it is the Examiner's position that it would have been within ordinary skill in the art before the effective filing date of the claimed invention to make the ball smaller and/or to utilize the ball with larger pipes for which the ball can fit into, and thereby ensuring property utility together. The Examiner additionally notes that the determination of whether a wherein/whereby/adaptation or similar clause is a limitation in a claim depends on the specific facts of the case as put forth by MPEP § 2111.04. Additionally, it has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations. Ex parte Masham, 2 USPQ2d - 164 7 (1987). In the present case, the Examiner emphasizes that the pipe is not an explicitly claimed element, and it has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations. Ex parte Masham, 2 USPQ2d - 164 7 (1987).
Regarding claim 5, which depends on claim 1,
Chiu teaches wherein the driving means (figs. 3-4, controlling module 113) comprises:
a driving wheel (figs. 3-4, wheel 50) provided at the lower side (lower side of device 110) of the main body (body of ball-type detection device 110 within transparent shell member 111) so that the lower peripheral portion comes into close contact with the inner circumferential surface (inner surface of ball-type casing 111) of the smart ball (figs. 3-4, ball-type detection device 110); and
a driving motor (figs. 3-4, motor 60) connected to the driving wheel (figs. 3-4, wheel 50) ([0027] “motors 60 are configured to drive the wheels 50 which are in rolling contact with a bottom of the ball-type casing 111”).
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(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over newly cited Chiu in view of Applicant cited Kim, newly cited Hapstack et al (US 5285689 A; hereafter “Hapstack”), newly cited Yoo* (KR 20060102573 A) with newly cited Farris (US 20050115588 A1; hereafter Farris) with Applicant cited Couet et al (US 6880402 B1; hereafter “Couet”), and in further view of newly cited Badger et al (US 20190093813 A1; hereafter “Badger”).
*machine translation provided by Examiner with foreign document and utilized for English citations
Regarding claim 3, which depends on claim 1,
Chiu teaches the main body (body of ball-type detection device 110 within transparent shell member 111) comprising and operated by the control means (figs. 3-4, processing module 114 with wireless transceiver module 116).
Chiu does not teach items: 1) wherein the main body comprises a chemical spraying means operated by the control means to spray chemicals for removing scale, the chemical spraying means comprising a reservoir with scale removing chemical, a pump, a pipe and/or connector, and a discharge hole; and 2) a water leakage blocking means for repairing a water leakage point, the water leakage blocking means comprising a reservoir with adhesive, a pump, a pipe and/or connector, and a discharge hole.
Pertinent to items 1) and 2), Hapstack teaches a pipeline inspection system (see figs. 1 & 8) (Title “Piping Inspection Instrument Carriage With Precise And Repeatable Position Control And Location Determination”; Abstract “precise actuation of instrument components and precise, repeatable actuation of position control mechanisms”; Field of the Invention “apparatus for inspecting the interior of piping. In particular the present invention relates to piping inspection, instrumentation-carrying apparatus having the capability of locating and scanning a specific feature along the interior of the piping”) comprising a main body (main body of piping inspection instrument; see fig. 1), the pipeline inspection system (see figs. 1 & 8) comprising a camera (not shown in fig. 1) (col. 4, ll. 39-46 “carries an instrumentation arm 76 for scanning features on the interior surface of piping 20 and at least one television camera (not shown on FIG. 1)”; col. 2, ll. 27-51 “camera assists in finding the features” and “At least one television camera is carried by the arm for finding features on the interior surfaces of the piping”; col. 6, ll. 34-57 “look for signs of stress corrosion cracking and or other defects. Routinely every few years or so, piping is inspected. A crack that might be just forming is checked in the next inspection. Because of the importance of finding the same crack in two or more successive inspections several years apart, reliable position information, confirmed to some extent with visual correlation, is essential in any inspection”), position control mechanisms (col. 2, ll. 51-60 “position control mechanisms that permit accurate and repeatable axial, radial and azimuthal movement of the probes. Because of this combination, features that were found to have small cracks or signs of stress can be located on a second pass through the piping. Scanning results of more than one examination can be aligned within a few hundredths of an inch for analysis”), a control means (fig. 8, computer 204) (col. 6, ll. 4-13 “FIG. 8 is a schematic diagram of the control system of carriage 24. The device may be controlled with a joystick 200 or other manual or automatic device. The output of joystick 200 is input to a computer 204. Computer 204 receives data as input from ultrasonic testing probe 208 and eddy current probe 212 and limit switches 216 from the extreme axial, azimuthal, and spin movements of instrumentation arm 76. These are compared with reference inputs 200 to verify position information”; col. 6, line 58 through col. 7, line 13 “Position information regarding axial, radial, azimuthal locations is fed back to computer 204 so that the position of any flaw or crack in the feature can be established and located on a second trip into piping 20. Detailed visual inspection is by the television camera mounted on the arm”), cleaning spraying means (water nozzles and steam hoses) capable of removing scale and water leakage blocking (materials for coating) means for repairing a water leakage point (point of flaw that will cause leak) (col. 7, ll. 14-21 “water nozzles and steam hoses, materials for coating and grinding tools can also be carried to a location for operating on the inside surfaces of piping”; background col. 1, ll. 20-30 “Throughout industry, piping is used to convey fluids of every kind over short distances and long. Because of the adverse effects of stress, temperature, and fluids flowing through pipes, both the effects of specific fluids (corrosion) and the effects of fluid flow in pipes generally (erosion), the piping will eventually degrade and may fail completely or may cease to be serviceable or may simply begin to leak. Flaws frequently begin to form at welded joints. However, even newly welded pipe joints can also have flaws that will cause leaks or pipe failure” and “it is prudent to conduct a pre-service inspection of piping that will carry hazardous or radioactive fluids to verify the condition of welds or to fix flaws before the interior of the piping becomes contaminated”; col. 2, ll. 18-25 “inspections can enable pipe flaws and changes in those flaws to be detected, analyzed and corrected sooner rather than later”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Hapstack’s remotely controlled—including camera and positional feedback—generic cleaning spraying means & generic water leakage blocking means for a piping inspection instrument with Chiu’s remotely controlled—likewise including camera and positional feedback—pipeline inspection leakage detection system, thereby providing the expected benefits of being able to spray specific features for purposes of cleaning the pipeline and/or fixing flaws that will cause leaks or pipe failure.
Chiu as modified by Hapstack still does not specifically teach item 1): where the chemical spraying means comprises a 1a) reservoir with scale removing chemical, 1b) a pump, and 1c) a pipe connector and a 1d) discharge hole; and item 2): where the water leakage blocking means comprises 2a) a reservoir with adhesive, 2b) a pump, 2c) a pipe and/or connector, and 2d) a discharge hole.
Nevertheless, it is the Examiner’s general position that including a specific chemical and a specific adhesive is within ordinary skill in the art, and likewise providing corresponding conventional reservoirs, pumps, & connectors for the already taught spraying through the discharge hole of a corresponding sprayer likewise requires only ordinary skill in the art to so provide (additional thorough obviousness analysis follows).
Further regarding item 1):
Specifically regarding items 1c), 1d) and the chemical reservoir of item 1a), Farris teaches a controller (fig. 1, controller 26) controlled chemical spraying means (see fig. 1) comprising a reservoir (fig. 1, tank 12) with a cleaning chemical (fig. 1, chemical 18), a connector (connection from tank 12 through valve 24 and to spray nozzle 22), and a 1d) discharge hole (fig. 1, nozzle 22) (Title “Device And Method For Transporting And Delivering Liquid Chemical To Inside Natural Gas Pipeline”; Abstract “A device for transporting and delivering chemical to interior walls of pipelines employs a pig having a tank which contains pressurized chemical therein. Operably connected to the tank is a nozzle which is equipped to deliver the chemical from the tank onto the inner pipeline walls as the pig is transported through the pipeline. The pig is equipped with a device to deliver the chemical at a predetermined point within the pipeline and includes a position tracking device to enable location thereof. A method of cleaning and treating a pipeline is also provided”; [0005] “The interior surfaces of pipelines over time become corroded by either by oxidation or other chemical reaction, particularly if the pipeline is made of metal. This creates a serious potential risk in the rupture of the pipeline. Deleterious liquids and solids can build up in the interior of the pipeline preventing maximum fluid carrying potential of the pipeline as well as corrosion to the pipe”).
With regards to the chemical of the scale remover of item 1a), the Examiner notes that it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice, see MPEP § 2144.07 and In re Leshin, 277 F.2d 197, 125 USPQ 416 (CCPA 1960). In the present case, it is the Examiner’s position that choosing a specific chemical for removing specific scale is within ordinary skill in the art.
Further regarding the chemical of the scale remover of item 1a), and providing factual evidence of the aforementioned assertion, Couet teaches a scale removing chemical (col. 1, ll. 21-53 “Once formed, scale can be removed only with some difficulty; calcium carbonate scale can be dissolved by mineral acids and barite scale can be removed by milling or scale dissolvers such as EDTA. See, e.g. Putnis, A, Putnis, C. V. and Paul, J. M., "The efficiency of a DTPA-based solvent in the dissolution of barium sulfate scale deposits", SPE International Symp. Oilfield Chemistry, San Antonio, Tex., February 1995, SPE 29094. In extreme cases the production tubing must be removed and replaced, although the presence of radioactive scale (due to the presence of radium salts) can make scale disposal an environmental issue. The production of hydrocarbons frequently causes the precipitation of organic precipitates such as paraffin waxes and asphaltenes. These organic precipitates are caused by changes in the pressure and temperature of the produced fluids in the near wellbore. The precipitates can be removed with solvent washes, although the disposal of the solvent after cleaning represents an increasing environmental problem”).
Specifically regarding items 1b)-1d): Yoo teaches wherein a cleaning spraying means comprises a pump (pressure pump), and 1c) a pipe connector (hose) and a 1d) discharge hole (spray nozzle) (Title “WASHING APPARATUS TO REMOVE A SCALE BEING THE INSIDE OF A WATER SUPPLY AND DRAINAGE”; Abstract “cleaning apparatus in the pipeline to remove the scale layer without damage to the pipe ejecting fluid of the high-pressure and often the car passes through the inside of the large-diameter pipe for conveying various fluids to the inner surface of the channel reliably” and “ejecting a high-pressure fluid to the inner surface of the pipeline comprises a fluid ejection means for removing the scale layer. Pipe, cleaning, often the car, the high-pressure nozzle, rotary joint, a camera”; paragraph preceding the middle of page 3 “high-pressure spray nozzle attached to the tip end of the high-pressure hose is provided by the high pressure pump spraying tube wall a residue such as rust or scale removal”).
In view of the above, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Yoos’ use of a pump and connecting hose to a nozzle with the generic previously combined Hapstack cleaning spraying means, thereby further providing to Chiu’s pipeline inspection system the conventional features of on demand controllable pressurization for forceful cleaning of scale and removal thereof. It further would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Farris’s controlled onboard chemical reservoir for providing cleaning chemical with the generic previously combined Hapstack cleaning spraying means, thereby further providing to Chiu’s pipeline inspection system the conventional feature of local reservoir supply of the cleaning chemical and thereby not requiring tethering hoses for remote supply of the cleaning chemical and thus providing more freedom of movement, less risk of tangling, and absence of the expense and trouble of long lengths of hosing. Finally, It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to select the preferred chemical material for the generic previously combined Hapstack cleaning spraying means as a matter of routine optimization as factually supported by Couet, thereby ensuring that the proper chemical is utilized for the expected present scale and thus providing a more efficient descaling.
Further regarding item 2): Badger teaches a water leakage blocking means (fig. 4, leak detection subsystem 300 with leak region preparation subsystem 700 and especially with repair subsystem 400) for repairing a water leakage point (see fig. 7, leak 580) (Title “DEVICES AND METHODS FOR REPAIRING PIPES”; Abstract “pipe repair device and a method for repairing a pipeline are disclosed. The pipe repair device can comprise a body; a sensor attached to the body for detecting the leak in the pipe; a transport mechanism attached to the body for transporting the pipe repair device along the pipe; and a repair mechanism comprising a repair material for repairing the leak”; [0051] “image sensor 132 (e.g., a camera 133) for visually identifying the leak region 582”; [0035]-[0036] control module details; [0047] “pipe repair device 100 can be remotely operated by a remote operator (e.g. a technician) outside of the pipeline 270 (e.g., above ground)”; [0076] “Visually identifying the leak region 582 can comprise streaming video data collected via an image sensor 132 of the pipe repair device 100 to a remote operator”), the water leakage blocking means comprising
a reservoir (reservoir of repair subsystem 400) with adhesive ([0070] “an underwater liquid-phase epoxy” and “other technologies and/or repair materials can include, but are not limited to, an inflatable sleeve, natural rubber, synthetic rubber such as EPDM rubber, cyanoacrylates, tape, epoxy putty, concrete, cement, resin, an epoxy or resin-soaked cloth, and magnets. Example aspects of the epoxy putty can be an acrylic-based epoxy putty, a polyester-based epoxy putty, a resin-based epoxy putty, or any other suitable epoxy putty. Furthermore, example aspects of the epoxy-soaked cloth can comprise an acrylic-based epoxy, a polyester-based epoxy, a resin-based epoxy, or any other suitable epoxy. Moreover, the repair material can comprise a compound of various materials (e.g., precursors, binders, catalysts, filler material, resins, etc.), be a single material (e.g., a unitary compound), or any other suitable material. Additionally, the repair material can be a liquid-phase repair material that is solidified in situ (e.g., an epoxy compound), a solid material (e.g., neoprene), a paste, a gas, a matrix, or can have any other suitable composition”),
a pump (pump of repair subsystem 400) ([0085] “ the repair material can be introduced (e.g., injected, pumped)”; [0088] “leak region 582, and pumping epoxy reagents 740”; [0061] “pipe repair subsystem 400 can pump the epoxy reagents 740 into the controlled volume 746 defined within the flexible cap 742 through an opening 744”),
a pipe and/or connector (portions connecting pump, location of adhesives through to cap 742), and
a discharge hole (see opening 744 in fig. 7).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Badger’s remotely controlled and camera imaged specific water leakage blocking means comprising the aforementioned specific reservoir, pump, connector, and discharge hole with the generic previously combined Hapstack generic water leakage blocking means thereby further providing to Chiu’s pipeline inspection system conventional features including on demand controllable pressurization for relocation of adhesives into the leakage point, as well as local reservoir supply of the adhesive and thereby not requiring tethering hoses for remote supply of the adhesive and thus providing more freedom of movement, less risk of tangling, and absence of the expense and trouble of long lengths of hosing. With further respect to the specific adhesive, it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice, see MPEP § 2144.07 and In re Leshin, 277 F.2d 197, 125 USPQ 416 (CCPA 1960). In the present case it is the Examiner’s position that the prior art—especially Badger—reasonably demonstrates that the level of skill to choose a preferred leakage point sealant adhesive is within ordinary skill in the art.
Allowable Subject Matter
Claim(s) 4 is/are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
When this application is finally acted upon and allowed (i.e., the Notice of Allowance), the Examiner will determine, at the same time, whether the reasons why the application is being allowed are sufficiently evident from the record; see MPEP § 1302.14(I). For now, the Examiner notes that to meet the claim limitations of claim 4 when considered as a whole requires using the invention as a roadmap to find prior art and then further as a blueprint to reconstruct the claimed invention as a whole therefrom requiring more than ordinary skill and knowledge in the art at the time the invention was filed to hindsightly so recreate. See Princeton Biochemicals, Inc. v. Coulter, Inc., 411 F.3d 1332, 1337 (Fed. Cir. 2005), Allergan, Inc. v. Apotex, Inc., 754 F.3d 952 (Fed. Cir. 2014), and Grain Processing Corp. v. American Maize-Prods. Co., 840 F.2d 902, 907 (Fed. Cir. 1988).
Conclusion
The prior art made of record and not relied upon is considered pertinent to Applicant's disclosure. Applicant is invited to review PTO form 892 accompanying this Office Action listing Prior Art relevant to the instant invention cited by the Examiner.
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Any inquiry concerning this communication or earlier communications from the Examiner should be directed to DAVID L SINGER whose telephone number is 303-297-4317. The Examiner can normally be reached Monday - Friday 8:00 am - 6:00pm CT, EXCEPT alternating Friday.
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/DAVID L SINGER/Primary Examiner, Art Unit 2855 05SEP2026
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