CTNF 19/100,201 CTNF 86791 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Drawings 06-36-01 AIA Figure 8 should be designated by a legend such as --Prior Art-- because only that which is old is illustrated. See MPEP § 608.02(g). Corrected drawings in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. The replacement sheet(s) should be labeled “Replacement Sheet” in the page header (as per 37 CFR 1.84(c)) so as not to obstruct any portion of the drawing figures. 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 Objections 07-29-01 AIA Claim 14 is objected to because of the following informalities: the phrase “space is a waterproof to prevent” is grammatically incorrect . Appropriate correction is required. Claim Rejections - 35 USC § 112 07-30-02 AIA 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. 07-34-01 Claims 4-6, 8-10 and 15 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. Re. Cl. 4, the limitation “an determined pressure anchor bolt” renders the claim indefinite. It is unclear if the Applicant is intending to claim a specific fastener in this instance. The term “anchor bolt” is understood to be a particular type of fastener but it is unclear what the Applicant means by “an determined pressure” since the phrase is grammatically incorrect and it is unclear if there is a particular fastener the applicant wishes to invoke. Applicant’s drawings and specification do not appear to further clarify what the structure is, therefore the metes and bounds of the claims cannot be properly ascertained. For the purpose of examination, the Examiner will interpret the claim to refer to anchor bolts. Appropriate clarification is requested. Re. Cls. 10 and 15, the limitation “dissimilar materials between a first material of the pair of fixing members and a second material of the pipe” renders the claims indefinite in the Examiner’s position. Claims 10 and 15 depend from claims 5 and 12 respectively, which establishes that “the pair of fixing members are made of the same material as the pipe.” Therefore, claims 10 and 15 appear to contradict what was established previously. Appropriate clarification is requested. Claim Rejections - 35 USC § 102 07-07-aia AIA 07-07 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 – 07-08-aia AIA (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. 07-15 AIA Claim s 1-3 are rejected under 35 U.S.C. 102( a)(1 ) as being anticipated by Zhu CN 212056166 (hereinafter Zhu) . Re. Cl. 1, Zhu discloses: A pipe clamping tool (Fig. 6) configured to suppress buckling of a pipe in an underground space (see Fig. 6, by surrounding pipe 16 as shown, the tool is configured to suppress buckling of the pipe by clamping it) , the pipe clamping tool comprising: a pair of fixing members (3, 4, Fig. 3) , respective fixing members of the pair of fixing members being fixed to a side wall of the underground space (see Fig. 6, using 10s) and arranged opposite to each other to clamp the pipe (see Fig. 6) , the pipe forcibly feeding gas (see Fig. 6, device is capable of being used with a pipe forcibly feeding gas) , and the pipe traverses the underground space (see Fig. 6, device is capable of being used with a pipe traversing underground space) ,; and a covering material (13, Fig. 3) mounted between the pair of fixing members and the pipe (see Fig. 3) , the covering material covering an outer periphery of the pipe (see Fig. 6) , and thereby a combination of the pair of fixing members and the covering material suppressing buckling of the pipe caused by a pressure of the forcibly fed gas inside the pipe (see Fig. 6, the device would function as claimed in the claimed intended use by surrounding the pipe and thus providing a support against buckling by pressure) . Re. Cl. 2, Zhu discloses: the pair of fixing members is further configured to comprise: a pipe clamping portion (9, Fig. 4) , the pipe clamping portion clamps a half of the outer periphery of the pipe and has a semi-cylindrical shape obtained by dividing a cylindrical body into halves (see Fig. 3-4) ; flat plate-shaped fastening portions that are formed at both ends of a first direction of the pipe clamping portion (11, Fig. 4) , the flat plate-shaped fastening portions being integrally molded with the pipe clamping portion (see Fig. 4; re. the term “molded,” in accordance to MPEP 2113, the method of forming the device is not germane to the issue of patentability of the device itself. Therefore, this limitation does not patentably distinguish over the Zhu reference. Please note that even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product, i.e the fixing members having integral fastening portions, does not depend on its method of production, i.e. molding. In re Thorpe, 227 USPQ 964, 966 (Federal Circuit 1985)) , and that each respective plate-shaped fastening portions of the flat plate-shaped fastening portions comprises one or more bolt holes (see 12, Fig. 4) ; and a flat plate-shaped fixing portion (8, Fig. 4) that is joined to one of ends in a second direction of the pipe clamping portion (see Fig. 4) , and the fastening portions orthogonal to the first direction and has one or more bolt holes (10, Fig. 4) . Re. Cl. 3, Zhu discloses: the pair of fixing members clamps the pipe having the outer periphery thereof covered with the covering material (see Fig. 6) , by fastening the respective fastening portions with one or more pairs of a bolt and a nut (see Fig. 6) . Claim Rejections - 35 USC § 103 07-20-aia AIA 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. 07-23-aia AIA The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. 07-21-aia AIA Claim s 4-5 are rejected under 35 U.S.C. 103 as being unpatentable over Zhu in view of Haddad US 6240689 (hereinafter Haddad) . Re. Cls. 4-5, Zhu discloses each of the pair of fixing member is fixed to the side wall of the underground space via fasteners (see Fig. 6) and the pair of fixing member are made out of the same material as the pipe (see Fig. 6, the fixing members are capable of being used with a pipe made of the same material) but does not disclose the fasteners are an determined pressure anchor bolt. Haddad discloses that it is known to use anchor bolts (32, Fig. 1) to fasten a pipe fixing member to a supporting surface (see Fig. 1) . It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the Zhu device to use anchor bolts as disclosed by Haddad with reasonable expectation of success since it has been held obvious to replace one known means with another to achieve a predictable result. KSR Int’l Co. V. Teleflex Inc. 550 U.S. ___, 82 USPQ 2d 1385 (Supreme Court 2007) (KSR) 07-22-aia AIA Claim (s) 6 and 8-10 are rejected under 35 U.S.C. 103 as being unpatentable over Zhu in view of Haddad as applied to claim s 4-5 above, and further in view of Takeshita US 2010/0021795 (hereinafter Takeshita) . Re. Cl. 6, Zhu in view of Haddad does not disclose a material of the covering material comprises rubber. Takeshita discloses a pipe clamping tool (Fig. 5) which includes a covering material (66, Fig. 5)) within a clamp body (62, 64) , wherein a material of the covering material comprises rubber (Paragraph 0048, Lines 1-5) . It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the Zhu device to have its covering material made of rubber as disclosed by Takeshita with reasonable expectation of success since 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. In re Leshin, 125 USPQ 416. Please note that in the instant application, Applicant has not disclosed any criticality for the claimed limitations. Re. Cl. 8, Zhu discloses: the pipe connects from a gas supply tank on a first end of the pipe, the pipe connects to a consumption-side tank on a second of the pipe, and the forcibly fed gas, flows from the gas supply tank to the consumption-side tank through the pipe (see Fig. 6, Zhu’s device is capable of being used in the claimed intended use by employing the clamp discussed above in the environment claimed) . Re. Cl. 9, Zhu discloses: the forcibly fed gas comprises a hydrogen gas (see Fig. 6, the device is capable of being used in the claimed intended use by having pip 15 receive hydrogen gas) . Re. Cl. 10, Zhu discloses: the covering material reduces an occurrence of rust caused by contact corrosion of dissimilar materials between a first material of the pair of fixing members and a second material of the pipe (see Fig. 6, the device is capable of being used in the claimed intended use by supporting a pipe which is of different materials from the clamp) 07-21-02-aia AIA Claim s 7 and 11-13 are rejected under 35 U.S.C. 103 as being obvious over Ishikawa US 2025/0155090 (hereinafter Ishikawa) in view of Zhu . The applied reference has a common inventor with the instant application. Based upon the earlier effectively filed date of the reference, it constitutes prior art under 35 U.S.C. 102(a)(2). This rejection under 35 U.S.C. 103 might be overcome by: (1) a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application and is thus not prior art in accordance with 35 U.S.C.102(b)(2)(A); (2) a showing under 37 CFR 1.130(b) of a prior public disclosure under 35 U.S.C. 102(b)(2)(B); or (3) a statement pursuant to 35 U.S.C. 102(b)(2)(C) establishing that, not later than the effective filing date of the claimed invention, the subject matter disclosed and the claimed invention were either owned by the same person or subject to an obligation of assignment to the same person or subject to a joint research agreement. See generally MPEP § 717.02. Re. Cl. 7, Ishikawa discloses: A method for clamping a pipe (Fig. 1) , comprising: the pipe (21, Fig. 1-3) forcibly feeding gas (Paragraph 0018, Lines 1-3) , and the pipe traverses an underground space (see Fig. 1, A and S1’s) ; clamping the pipe with a pair of fixing members from both sides of the pipe (see Fig. 3, the pair of fixing members being an upper and lower half of 141) ; fixing each of the pair of fixing members to a side wall of the underground space (see Fig. 3, via 142) , and thereby suppressing buckling of the pipe caused by a pressure of the forcibly fed gas inside the pipe (see Fig. 3, by reinforcing the pipe as surrounding it, buckling would be suppressed) ; determining whether or not a pressure of the forcibly fed gas inside the pipe in a consumption-side tank that is measured by a pressure gauge as being equal to or higher than a threshold (using 19, Fig. 1 and discussed in Paragraph 0063, by comparing the pressures as discussed, if there is a difference (i.e. a threshold), the worker can determine whether leaking has occurred) ; and determining, based the determined pressure of the forcibly fed gas and the threshold, buckling of the pipe has occurred (Paragraph 0063-0064, by determining that a leak has occurred and fixing the pipe, the pipe would have failed or buckled thus causing the pressure difference) . Re. Cl. 12, Ishikawa discloses: each of the pair of fixing members is fixed to the side wall of the underground space by an anchor bolt (see 142, Fig. 3) , the pipe is flexible (as being able to be bent or folded as discussed in Paragraph 0026) , the forcibly fed gas comprises a hydrogen gas (Paragraph 0019) , and the pressure of the forcibly fed gas is lower than the threshold (under normal operating conditions, the pressure would remain constant and thus not trigger the threshold and be required to be fixed/repaired) . Re. Cl. 13, Ishikawa discloses: the pipe connects from a gas supply tank (11, Fig. 1) on a first end of the pipe, the pipe connects to the consumption-side tank on a second of the pipe (12, Fig. 1) , and the forcibly fed gas flows from the gas supply tank to the consumption-side tank through the pipe (see Fig. 1) . Re. Cls. 7 and 11-12, Ishikawa does not disclose covering, by a covering material, an outer periphery of the pipe, the pipe being a covered pipe, a combination of the pair of fixing members and the covering material having buckling suppressed (Cl. 7); the pair of fixing members is further configured to comprise: a pipe clamping portion, the pipe clamping portion clamps a half of the outer periphery of the pipe and has a semi-cylindrical shape obtained by dividing a cylindrical body into halves; flat plate-shaped fastening portions at both ends of a first direction of the pipe clamping portion, the flat plate-shaped fastening portions being integrally molded with the pipe clamping portion, and respective plate-shaped fastening portions of the flat plate-shaped fastening portions comprises one or more bolt holes; and a flat plate-shaped fixing portion that is joined to one of ends in a second direction of the pipe clamping portion, and the fastening portions orthogonal to the first direction and has one or more bolt holes (Cl. 11) or the pair of fixing members clamps the pipe having the outer periphery thereof covered with the covering material, by fastening the respective fastening portions with one or more pairs of a bolt and a nut (Cl. 12). Zhu discloses a pipe clamping tool which supports and fixes a clamp to a vertical support surface (see Fig. 6), wherein the tool includes a pair of fixing members (3, 4, Fig. 3) , respective fixing members of the pair of fixing members being fixed to a side wall of the underground space (see Fig. 6, using 10s) and arranged opposite to each other to clamp the pipe (see Fig. 6) , the pipe forcibly feeding gas (see Fig. 6, device is capable of being used with a pipe forcibly feeding gas) ; and a covering material (13, Fig. 3) mounted between the pair of fixing members and the pipe (see Fig. 3) , the covering material covering an outer periphery of the pipe (see Fig. 6) , and thereby a combination of the pair of fixing members and the covering material suppressing buckling of the pipe caused by a pressure of the forcibly fed gas inside the pipe (see Fig. 6, the device would function as claimed in the claimed intended use by surrounding the pipe and thus providing a support against buckling by pressure) . Re. Cl. 11, Zhu discloses the pair of fixing members is further configured to comprise: a pipe clamping portion (9, Fig. 4) , the pipe clamping portion clamps a half of the outer periphery of the pipe and has a semi-cylindrical shape obtained by dividing a cylindrical body into halves (see Fig. 3-4) ; flat plate-shaped fastening portions that are formed at both ends of a first direction of the pipe clamping portion (11, Fig. 4) , the flat plate-shaped fastening portions being integrally molded with the pipe clamping portion (see Fig. 4; re. the term “molded,” in accordance to MPEP 2113, the method of forming the device is not germane to the issue of patentability of the device itself. Therefore, this limitation does not patentably distinguish over the Zhu reference. Please note that even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product, i.e the fixing members having integral fastening portions, does not depend on its method of production, i.e. molding. In re Thorpe, 227 USPQ 964, 966 (Federal Circuit 1985)) , and that each respective plate-shaped fastening portions of the flat plate-shaped fastening portions comprises one or more bolt holes (see 12, Fig. 4) ; and a flat plate-shaped fixing portion (8, Fig. 4) that is joined to one of ends in a second direction of the pipe clamping portion (see Fig. 4) , and the fastening portions orthogonal to the first direction and has one or more bolt holes (10, Fig. 4) . Re. Cl. 12, Zhu discloses the pair of fixing members clamps the pipe having the outer periphery thereof covered with the covering material (see Fig. 6) , by fastening the respective fastening portions with one or more pairs of a bolt and a nut (see Fig. 6) . It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the Ishikawa device to include the fixing clamp configuration of Zhu with reasonable expectation of success since Zhu states that such a modification improves sealing performance of the device (see translated Abstract submitted by the Applicant on 1/31/2025, Lines 9-11). Re. Cl. 12, specifically, the limitation the pair of fixing members are made of the same material as the pipe, the combination of Ishikawa does not explicitly disclose this limitation. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the materials to be the same, since 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. In re Leshin, 125 USPQ 416. Please note that in the instant application, Applicant has not disclosed any criticality for the claimed limitations. 07-22-aia AIA Claim s 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Ishikawa in view of Zhu as applied to claim s 7 and 11-13 above, and further in view of Suyama US 2004/0208704 (hereinafter Suyama) . Re. Cl. 14-15, Ishikawa in view of Zhu discloses the underground space is a manhole (see S1, Fig. 1 in Ishikawa) and the pipe is flexible (as being able to be bent or folded as discussed in Paragraph 0026 in Ishikawa) , and wherein the covering material reduces an occurrence of rust caused by contact corrosion of dissimilar materials between a first material of the pair of fixing members and a second material of the pipe (see Fig. 3-6 in Zhu, the covering 13 would space the pipe from the fixing members, thus providing a barrier to rust formation no matter which material is used for the pipe/fixing member). However, the combination does not disclose that the underground space/manhole is a waterproof to prevent water leakage from outside the underground space. Suyama discloses a manhole structure (Fig. 1) which is waterproof by using waterproof flexible joints (Paragraph 0002). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combined Ishikawa and Zhu device to have the manhole waterproof as disclosed by Suyama with reasonable expectation of success to prevent damage caused by water/moisture such as corrosion, flooding, etc .. Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Sauber US 4488696, Shebli US 2022/0025992, and Petit US 2020/0031499 disclose other known pipe fixing members which are presented to the Applicant for their consideration . Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER E GARFT whose telephone number is (571)270-1171. The examiner can normally be reached Monday-Friday 8:00 a.m. to 5:00 p.m.. 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, Terrell McKinnon can be reached at (571)272-4797. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. 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If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /CHRISTOPHER GARFT/Primary Examiner, Art Unit 3632 Application/Control Number: 19/100,201 Page 2 Art Unit: 3632 Application/Control Number: 19/100,201 Page 4 Art Unit: 3632 Application/Control Number: 19/100,201 Page 5 Art Unit: 3632 Application/Control Number: 19/100,201 Page 6 Art Unit: 3632 Application/Control Number: 19/100,201 Page 7 Art Unit: 3632 Application/Control Number: 19/100,201 Page 8 Art Unit: 3632 Application/Control Number: 19/100,201 Page 9 Art Unit: 3632 Application/Control Number: 19/100,201 Page 10 Art Unit: 3632 Application/Control Number: 19/100,201 Page 11 Art Unit: 3632 Application/Control Number: 19/100,201 Page 12 Art Unit: 3632 Application/Control Number: 19/100,201 Page 13 Art Unit: 3632
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