DETAILED ACTION
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 (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 status of the claims for this application is as follows.
Claims 1-12 are currently pending.
Drawings
The drawings were received on 01/10/2025.
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 8 and 9 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 8 recites “wherein the pipe has interior fins formed thereon, the fins extending inward from a radially inner surface of the pipe, the interior fins being integral with the rest of the pipe”. How are the interior fins integral with the rest of the pipe? Does this imply that the fins cover all of the radially inner surface of the pipe, or, does this imply that the fins also cover some or all of the radially outer surface of the pipe too? Do the fins merely have to only cover part of the radially inner surface of the pipe?
Claim 9 recites “wherein the pipe has exterior fins formed thereon, the fins extending outward from a radially outer surface of the pipe, the exterior fins being integral with the rest of the pipe”. How are the exterior fins integral with the rest of the pipe? Does this imply that the fins cover all of the radially exterior surface of the pipe, or, does this imply that the fins also cover some or all of the radially inner surface of the pipe too? Do the fins merely have to only cover part of the radially exterior surface of the pipe?
The claims have been rejected as best understood.
Claim Rejections - 35 USC § 102
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) 1-7 and 10-12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by DE 471340, (hereinafter, DE-340).
Re Clm 1: DE-340 discloses a return bend (see Figs. 1-4) for use in a heater treater, production separator, or furnace and designed to join adjacent tubes, the return bend comprising:
a pipe (c) constructed in a continuous piece (see Figs. 2 and 4),
the pipe having:
a first end (see Figs, 2 and 4, the left half) forming a first opening (the opening on the left side) of the pipe facing a first direction (see Figs. 2 and 4);
a second end (see Figs, 2 and 4, the right half) opposite the first end (see Figs. 2 and 4), the second end forming a second opening (the opening on the right side) facing the first direction (see Figs. 2 and 4); and
at least one curving section (see Fig. 2 the outer radial wall of c) that bends with a continuously smooth curvature of the pipe wall from the first end to the second end (see Figs. 2 and 4).
Re Clm 2: DE-340 discloses wherein the pipe has a centerline turn radius that is less than one pipe diameter distance of the pipe (see Fig. 2, where the radius for the center line through c is less than one pipes diameter).
Re Clm 3: DE-340 discloses wherein the pipe has a circular cross section along its entire length from the first end to the second end (see Figs. 2-4).
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Re Clm 4: DE-340 discloses wherein the pipe has a first cross section (at 1001) at both the first end and the second end of the pipe (see above) and a second cross section (1002) different from the first cross section at a central portion of the pipe between the first end and the second end (see above).
The following is an alternative rejection for claim 4 for the rejection of claim 5.
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Re Clm 4: DE-340 discloses wherein the pipe has a first cross section (at 1001) at both the first end and the second end of the pipe (see above) and a second cross section (1002) different from the first cross section at a central portion of the pipe between the first end and the second end (note the first cross-section being taken across the top of the openings illustrate above, thus, illustrating a first cross section being circular, as there are two circles; and the second cross-section being taken down further in this view, past the two circular openings, at a central portion of the pipe between the first end and the second end would create an oblong or a non-circular cross-section).
Re Clm 5: DE-340 discloses wherein the first cross section is a circular cross section, and the second cross section is a non-circular cross section (see the rejection of claim 4 above as to how claim 5 is read on by DE-340).
Re Clm 6: DE-340 discloses wherein the pipe has no mitered edge (see [0005], c is pressed or forged; mitered implies cut, where the joined structures or joined together to form an angled structure, such as, a right angle turn).
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Re Clm 7: DE-340 discloses wherein the pipe has a variable wall thickness (at 2001 or 2001 compared with 2002, see above).
Re Clm 10: DE-340 discloses wherein the pipe is a continuous piece of the same material (see Figs. 2-4 and [0005], c is forged).
Re Clm 11: DE-340 discloses a heater treater (see [0001]) or production separator having a pair of parallel fire tubes (a and the other a) joined (linked to) by the return bend of claim 1 (see the rejection of clam 1).
Re Clm 12: DE-340 discloses a process comprising using additive manufacturing to form the return bend of claim 1 (see [0005], where c is forged, where forging adds a large amount of heat and force to form a structure and this heat and force further adds additional strength, fatigue resistance, an enhanced grain structure, and greater structural integrity to the structure: note that applicant’s specification in paragraph [0019 and 0020] indicates that their additive manufacturing creates a return bend or a durable return bend, which is similar to the forging process’s forged structure of DE-340).
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) 8 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over DE 471340, (hereinafter, DE-340) as applied to claims 1-7 and 10-12 above.
Re Clm 8: DE-340 discloses wherein the pipe has an interior.
DE-340 fails to disclose wherein the pipe has interior fins formed thereon, the fins extending inward from a radially inner surface of the pipe, the interior fins being integral with the rest of the pipe.
Interior fins that extent inwards from a radially inner surface of the pipe, which fins are integral with the rest of the pipe aids in directing the fluid that flows through the pipe in order to reduce wear, to aid in preventing cavitation, to prevent dead or low flow locations within the pipe, or alternatively, to provide a structural arrangement which would yield the same predictable result of allowing a fluid to flow through the interior of a tubular member.
The examiner is taking Official notice that it is old and well-known to have interior fins that extent inwards from a radially inner surface of the pipe, which fins are integral with the rest of the pipe, for the purpose of aiding in directing the fluid that flows through the pipe in order to reduce wear, to aid in preventing cavitation, to prevent dead or low flow locations within the pipe, or alternatively, to provide a structural arrangement which would yield the same predictable result of allowing a fluid to flow through the interior of a tubular member.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to have modified the device of DE-340, to have included interior fins, where the interior fins are formed inside a pipe, the fins extending inward from a radially inner surface of the pipe, the interior fins being integral with the rest of the pipe, with a reasonable expectation of success because such structures are old and well-known and DE-340 does not prohibit the use of such structure(s), for the purpose of aiding in directing the fluid that flows through the pipe in order to reduce wear, to aid in preventing cavitation, to prevent dead or low flow locations within the pipe, or alternatively, to provide a structural arrangement which would yield the same predictable result of allowing a fluid to flow through the interior of a tubular member.
Re Clm 9: DE-340 discloses wherein the pipe has an exterior.
DE-340 fails to disclose wherein the pipe has exterior fins formed thereon, the fins extending outward from a radially outer surface of the pipe, the exterior fins being integral with the rest of the pipe.
Exterior fins that extent outwards from a radially outer surface of the pipe, which fins are integral with the rest of the pipe aids in directing a fluid that flows over the pipe in order to transfer heat either into or out of the pipe, or, to aid in preventing overheating or overcooling of the material flowing through the pipe, or for aiding in heating or cooling the pipe itself to prevent damage to or failure of the pipe itself.
The examiner is taking Official notice that it is old and well-known to have exterior fins that extent outwards from a radially outer surface of the pipe, which fins are integral with the rest of the pipe, for the purpose of aiding in directing a fluid that flows over the pipe in order to transfer heat either into or out of the pipe, or, to aid in preventing overheating or overcooling of the material flowing through the pipe, or for aiding in heating or cooling the pipe itself to prevent damage to or failure of the pipe itself.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to have modified the device of DE-340, to have included exterior fins, where the pipe has exterior fins formed thereon, the fins extending outward from a radially outer surface of the pipe, the exterior fins being integral with the rest of the pipe, with a reasonable expectation of success because such structures are old and well-known and DE-340 does not prohibit the use of such structure(s), for the purpose of aiding in directing a fluid that flows over the pipe in order to transfer heat either into or out of the pipe for, to aid in preventing overheating or overcooling of the material flowing through the pipe, or for aiding in heating or cooling the pipe itself to prevent damage to or failure of the pipe itself.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The following documents have structural features (fins and elbows) which are similar to the applicant’s claimed invention; US-3430692-A, US-1936386-A, US-2905447-A, US-1752331-A, US-20200378414-A1, US-20030173775-A1, US-20220228817-A1, US-4343350-A, US-20190257591-A1, US-20170343300-A1, FR-1061520-A, DE-471340-C, DE-1929825-A1, DE-932104-C, FR-1489300-A, CN-111810736-A, WO-9736141-A1, EP-0667460-A2.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES A LINFORD whose telephone number is (571)270-3066. The examiner can normally be reached Monday thru Friday: 8:00 am to 5:00 pm Eastern Time.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Matthew Troutman can be reached at (571) 270-3654. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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JAMES ALBERT LINFORD
Examiner
Art Unit 3679
09/17/2025
/Matthew Troutman/ Supervisory Patent Examiner, Art Unit 3679