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 .
Drawings
The drawings are objected to because Figure 5 appears to label second mounting end 204 twice in figure 5, this is only problematic because one of the two labels should be for the first mounting end 202 to be consistent with the other figures such as figures 2-4. 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.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: “ Reference characters 100, 142, 148, 151, 154, 160, 184, and 186 all seen in figure 1 were not found by the examiner in the specification. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) 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. 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.
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) 1-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Manasek (US 2022/0136770 A1).
Regarding claim 1, Manasek discloses (Figure 1, 3-6) a cooling assembly for cooling exhaust gases emitted from a steel-making furnace (per the abstract) comprising: a body (at half pipe portions 302 and 304) configured to be coupled to a surface (at mounting plate 400 may be the wall of the furnace itself or be mounted to the wall of the furnace per paragraph 0038) of the furnace, the body comprising a cross- sectional shape having a thickness defined between an outer surface (outer surface 320) and an inner surface thereof (inner surface 318), the body including a first mounting end (308) having a first length and a second mounting end (at contact surface 312) having a second length, the second length being different from the first length (the lengths are not further defined how they are measured in the claim or how they are different. Any difference could be as small as a manufacturing defect or a simple difference within a manufacturing tolerance of a micron or even less could still meet the limitation of a difference. In this case since the lengths ae not clearly defined the lengths could be the total length of the first mounting end 308 compared to a length of the contact surface 312 from one end to the first slot 506 which is an area where the contact surface stops directly contacting the plate 400 as seen in figure 4 and 6. Additionally as the length is not further defined the length could be in the left right direction of the cross section of figure 3 and 5 where the mounting end 308 seen to have a different length than the contact surface 312 in the left right direction of figures 3 and 5); wherein, the body is arcuately-shaped with a concave inner surface and convex outer surface (inner surface 318 is concave and outer surface 320 is convex per paragraph 0049); wherein, the second mounting end (312) is spaced from the first mounting end (308); wherein, a fluid conduit (conduit 408) is defined between the inner surface (318) and the surface( at the mounting plate 400) for a cooling fluid to flow therethrough (per paragraph 0058).
Regarding claim 2, Manasek discloses the claim limitations of claim 1 above and Manasek further discloses the first mounting end (308) and the second mounting end (312) comprise a curvature shape (as a curvature shape is broad limitation, the first mounting end 308 is a shape which links two different curving surfaces and 312 has curved ends on the left and the right as seen in figure 3.
Regarding claim 3, Manasek discloses the claim limitations of claim 1 above and Manasek further discloses the body forms a first face and a second face (a face of the half pipe portion 304 on one side closest to the viewer in figure 4 and an opposite second face on the opposite side of figure 4 on opposite sides of the length L in figure 4), the first face located at the first mounting end and the second face located at the second mounting end (308 and 312 are adjacent to the first and second faces).
Regarding claim 4, Manasek discloses the claim limitations of claim 3 above and Manasek further discloses the first and second faces are parallel to one another (a face of the half pipe portion 304 on one side closest to the viewer in figure 4 and an opposite second face on the opposite side of figure 4 on opposite sides of the length L in figure 4 and extend parallel to each other).
Regarding claim 5, Manasek discloses the claim limitations of claim 3 above and Manasek further discloses first face and the second face (a face of the half pipe portion 304 on one side closest to the viewer in figure 4 and an opposite second face on the opposite side of figure 4 on opposite sides of the length L in figure 4 ) are disposed at an angle relative to a vertical plane passing through the first and second mounting ends (as the vertical plane is not further defined this could be any vertical plane such as a vertical plane that extends diagonally across the plate 400 which would be at an angle to the faces at the ends of half pipe portion 304).
Regarding claim 6, Manasek discloses the claim limitations of claim 3 above and Manasek further discloses the first face is offset from the inner surface (the end of the half pipe portion 304 has at least a portion that is offset/spaced from the inner surface 318).
Regarding claim 7, Manasek discloses the claim limitations of claim 3 above and Manasek further discloses the second face is offset from the inner surface (the end of the half pipe portion 304 has at least a portion that is offset/spaced from the inner surface 318).
Regarding claim 8, Manasek discloses the claim limitations of claim 3 above and Manasek further discloses the inner surface (318) comprises a radial inner surface (the inner surface has an inner radius 314 per paragraph 0050).
Regarding claim 9, Manasek discloses the claim limitations of claim 3 above and Manasek further discloses the first face forms a first outer portion that is configured to be in contact with the surface (a face of the half pipe portion 304 on one side closest to the viewer in figure 4 with an outer portion at the portion extending down to the first contact point 324), the first outer portion being disposed at angle relative to a horizontal plane formed by the surface (the outer portion at the portion extending down to the first contact point 324 forms an angle from the horizontal as seen in figure 3 along its edge); the second face forms a second outer portion that is configured to be in contact with the surface (a face of the half pipe portion 304 on the opposite side from the viewer in figure 4, with an outer portion at the portion extending down to the first contact point 324), the second outer portion being disposed at angle relative to the horizontal plane (the outer portion at the portion extending down to the first contact point 324 forms an angle from the horizontal as seen in figure 3 along its edge).
Regarding claim 10, Manasek discloses the claim limitations of claim 3 above and Manasek further discloses the first face and the second face (a face of the half pipe portion 304 on one side closest to the viewer in figure 4 and an opposite second face on the opposite side of figure 4 on opposite sides of the length L in figure 4) are located approximately 180° relative to one another about an axis passing through the inner surface (as the axis is not further defined this can be any axis passing through the inner surface such as an axis passing down the centerline of the inner surface between the first face and the second face).
Regarding claim 11, Manasek discloses the claim limitations of claim 3 above and Manasek further discloses the first face and the second face (a face of the half pipe portion 304 on one side closest to the viewer in figure 4 and an opposite second face on the opposite side of figure 4 on opposite sides of the length L in figure 4) are located less than 180° relative to one another about an axis passing through the inner surface (as the axis is not further defined this can be any axis passing through the inner surface such as an axis passing diagonally across the inner surface between the first face and the second face).
Regarding claim 12, Manasek discloses the claim limitations of claim 1 above and Manasek further discloses the inner surface (318) forms a first circumference and the outer surface (320) forms a second circumference, the first circumference being less than the second circumference (the inner surface 318 is contained inside and is smaller than the outer surface 320 as seen in figure 3).
Regarding claim 13, Manasek discloses (Figure 1, 3-6) a heat exchange system, comprising: a furnace configured to heat an interior of the furnace and generate hot exhaust gases (per paragraph 0015); a panel of sinuously winding piping having an inlet and an outlet, the piping forming a fluid passage through which a cooling fluid flows between the inlet and the outlet (per paragraph 0015); the piping comprising a body (at half pipe portions 302 and 304) configured to be coupled to a mounting surface of the furnace surface (at mounting plate 400 may be the wall of the furnace itself or be mounted to the wall of the furnace per paragraph 0038), the body comprising a cross-sectional shape having a thickness defined between an outer surface (outer surface 320) and an inner surface thereof (inner surface 318), the body including a first mounting end (308) having a first length and a second mounting end (at contact surface 312) having a second length, the second length being different from the first length (the lengths are not further defined how they are measured in the claim or how they are different. Any difference could be as small as a manufacturing defect or a simple difference within a manufacturing tolerance of a micron or even less could still meet the limitation of a difference. In this case since the lengths ae not clearly defined the lengths could be the total length of the first mounting end 308 compared to a length of the contact surface 312 from one end to the first slot 506 which is an area where the contact surface stops directly contacting the plate 400 as seen in figure 4 and 6. Additionally as the length is not further defined the length could be in the left right direction of the cross section of figure 3 and 5 where the mounting end 308 seen to have a different length than the contact surface 312 in the left right direction of figures 3 and 5); wherein, the body is arcuately-shaped with a concave inner surface and convex outer surface (inner surface 318 is concave and outer surface 320 is convex per paragraph 0049); wherein, the second mounting end (312) is spaced from the first mounting end (308).
Regarding claim 14, Manasek discloses the claim limitations of claim 13 above and Manasek further discloses the body forms a first face and a second face (a face of the half pipe portion 304 on one side closest to the viewer in figure 4 and an opposite second face on the opposite side of figure 4 on opposite sides of the length L in figure 4), the first face located at the first mounting end and the second face located at the second mounting end (308 and 312 are adjacent to the first and second faces).
Regarding claim 15, Manasek discloses the claim limitations of claim 13 above and Manasek further discloses first face and the second face (a face of the half pipe portion 304 on one side closest to the viewer in figure 4 and an opposite second face on the opposite side of figure 4 on opposite sides of the length L in figure 4 ) are disposed at an angle relative to a vertical plane passing through the first and second mounting ends (as the vertical plane is not further defined this could be any vertical plane such as a vertical plane that extends diagonally across the plate 400 which would be at an angle to the faces at the ends of half pipe portion 304).
Regarding claim 16, Manasek discloses the claim limitations of claim 13 above and Manasek further discloses the first face and the second face is offset from the inner surface (the ends of the half pipe portion 304 has at least a portion that is offset/spaced from the inner surface 318).
Regarding claim 17, Manasek discloses the claim limitations of claim 13 above and Manasek further discloses the first face forms a first outer portion that is configured to be in contact with the surface (a face of the half pipe portion 304 on one side closest to the viewer in figure 4 with an outer portion at the portion extending down to the first contact point 324), the first outer portion being disposed at angle relative to a horizontal plane formed by the surface (the outer portion at the portion extending down to the first contact point 324 forms an angle from the horizontal as seen in figure 3 along its edge); the second face forms a second outer portion that is configured to be in contact with the surface (a face of the half pipe portion 304 on the opposite side from the viewer in figure 4, with an outer portion at the portion extending down to the first contact point 324), the second outer portion being disposed at angle relative to the horizontal plane (the outer portion at the portion extending down to the first contact point 324 forms an angle from the horizontal as seen in figure 3 along its edge).
Regarding claim 18, Manasek discloses the claim limitations of claim 3 above and Manasek further discloses the first face and the second face (a face of the half pipe portion 304 on one side closest to the viewer in figure 4 and an opposite second face on the opposite side of figure 4 on opposite sides of the length L in figure 4) are located approximately 180° relative to one another about an axis passing through the inner surface (as the axis is not further defined this can be any axis passing through the inner surface such as an axis passing down the centerline of the inner surface between the first face and the second face).
Regarding claim 19, Manasek discloses the claim limitations of claim 13 above and Manasek further discloses the first face and the second face (a face of the half pipe portion 304 on one side closest to the viewer in figure 4 and an opposite second face on the opposite side of figure 4 on opposite sides of the length L in figure 4) are located less than 180° relative to one another about an axis passing through the inner surface (as the axis is not further defined this can be any axis passing through the inner surface such as an axis passing diagonally across the inner surface between the first face and the second face).
Regarding claim 20, Manasek discloses (Figure 1, 3-6) a cooling assembly for cooling exhaust gases emitted from a steel-making furnace (per the abstract), comprising: a plate configured to be coupled to the furnace (at mounting plate 400 may be the wall of the furnace itself or be mounted to the wall of the furnace per paragraph 0038), the plate having a first surface and a second surface (402 and 404), the first surface opposite the second surface (as seen in figure 4 and 6); a body coupled to the plate (at half pipe portions 302 and 304), the body comprising an inner surface (inner surface 318); an outer surface (outer surface 320); a first mounting end having a first length (308) and extending from a first face to a second face (a face of the half pipe portion 304 on one side closest to the viewer in figure 4 and an opposite second face on the opposite side of figure 4 on opposite sides of the length L in figure 4), a second mounting end having a second length (at contact surface 312) and extending from the first face to the second face (as seen in figure 4), the second length different from the first length (the lengths are not further defined how they are measured in the claim or how they are different. Any difference could be as small as a manufacturing defect or a simple difference within a manufacturing tolerance of a micron or even less could still meet the limitation of a difference. In this case since the lengths ae not clearly defined the lengths could be the total length of the first mounting end 308 compared to a length of the contact surface 312 from one end to the first slot 506 which is an area where the contact surface stops directly contacting the plate 400 as seen in figure 4 and 6. Additionally as the length is not further defined the length could be in the left right direction of the cross section of figure 3 and 5 where the mounting end 308 seen to have a different length than the contact surface 312 in the left right direction of figures 3 and 5); wherein the first mounting end is mounted to the first surface at a first angle greater than 0° (per paragraph 0051); wherein the second mounting end is mounted to the first surface at a second angle greater than 0° (a variable angle between the surface 312 as it has curved side to connect to the inner surface 318 which would form an angle greater than 0 when measured similar to Θ2 in figure 4), the first mounting end (308) spaced from the second mounting end (312); wherein a fluid conduit (conduit 408) is formed between the inner surface (318) and the first surface ( at 402 of the mounting plate 400).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Manasek (US 20180128546 A1), Manasek (US 20070277965 A1), McFadden (US 5722487 A), and Lauria et al. (US 4453253 A) disclose prior art relevant to the claims with Lauria potentially reading on at least claim 1, Koenig (DE 4017278 A1) discloses a relevant pipe connection.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HANS R. WEILAND whose telephone number is (571)272-9847. The examiner can normally be reached Monday-Thursday 6-3 EST and alternating Fridays.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Len Tran can be reached at 571-272-1184. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HANS R WEILAND/Examiner, Art Unit 3763
/ERIC S RUPPERT/Primary Examiner, Art Unit 3763
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