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 .
Claim Objections
Claims 2-5 are objected to because of the following informalities: where a claim sets forth a plurality of elements or steps, each element or step of the claim should be separated by a line indentation, 37 CFR 1.75(i). Appropriate correction is required.
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 1-5 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 1 recites the limitation “the ends of two pipes”. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites “a first end of a first pipe adjacent a first end of a second pipe”. It is unclear if these ends and pipes are the same as those in the preamble. For the purposes of this examination, this limitation will be interpreted as they are.
Claim 1 recites “placing a first end of a first pipe adjacent a first end of a second pipe to create a weldable pipe”. It is unclear as to how un-joined pipes can form a single weldable pipe. For the purposes of this examination, this limitation will be interpreted as “placing a first end of a first pipe adjacent a first end of a second pipe to create a weld joint”.
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.
Claims 1 and 2 are rejected under 35 U.S.C. 102a1 as being anticipated by Shimada (JP 59-66998 A).
Regarding claim 1, Shimada discloses:
A method of welding together the ends of two pipes comprising the steps of:
a. securing a first clamp corner [left lower portion of lower block (13); figure 6] to a second clamp corner [right lower portion of lower block (13)] to create a first clamp half [the portions are secured via screw rod (17) and guide bars (15) to form lower block (13)];
b. securing a third clamp corner [left upper portion of upper block (12)] to a fourth clamp corner [right upper portion of upper block (12)] to create a second clamp half [the portions are secured via screw rod (16) and guide bars (14) to form upper block (12)];
c. placing a first end of a first pipe adjacent a first end of a second pipe to create a weldable pipe [piping (1, 2) are placed so that a weld joint is formed therebetween; see figure 6];
d. placing said first clamp half adjacent a first side of said weldable pipe and said second clamp half adjacent a second side of said weldable pipe [see figure 6];
e. securing said first clamp half to said second clamp half [the halves are secured via bolts (18)] to create an adjustable clamp having a first and second weld window [areas delineated by the lower and upper blocks and the lower and upper guide rods (15,14)]; and
f. welding together said weldable pipe within said first and second weld windows [the piping is welded; abstract].
Regarding claim 2, Shimada discloses:
wherein each said clamp corner includes a first transverse aperture [one of the apertures that bolts (18) are inserted into], a second transverse aperture [one of the apertures that bolts (18) are inserted into], and a third parallel aperture [aperture that screw rod (16) is inserted into], [and]
wherein the first and second transverse apertures are transverse relative to a first axis perpendicular to the pipes [an axis that is in the same plane that separates the upper and lower blocks; i.e. a horizontal axis arranged so as to extend between the faying surfaces of piping (1, 2)] and the third parallel aperture is parallel relative to the first axis [see figure 6].
Allowable Subject Matter
Claims 3-5 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure; see PTO 892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CARLOS J GAMINO whose telephone number is (571)270-5826. The examiner can normally be reached M-F 9-6.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Keith Walker can be reached at 5712723458. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CARLOS J GAMINO/Examiner, Art Unit 1735
/KEITH WALKER/Supervisory Patent Examiner, Art Unit 1735