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 1-13 are currently pending.
Requirement for Information Under Rule 1.105
Applicant and the assignee of this application are required under 37 CFR 1.105 to provide the following information that the examiner has determined is reasonably necessary to the examination of this application. In response to this requirement, please provide a copy of each of the following items of art referred to in the specification and the claim, that is, "ASME B16.5 Class 150" and “ASME B16.5 Class 300”, that were relied upon at the time of the filling of this instant application. A complete reply to the enclosed Office action must include a complete reply to this requirement. The time period for reply to this requirement coincides with the time period for reply to the enclosed Office action.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 11/18/2025 was considered by the examiner.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “wherein one or both of the first coupling surface or the second coupling surface comprises a serrated finish” (claim 2) and “wherein the outer surface has a diameter configured such that, where the first pipe flange and the second pipe flange are sized to correspond to a first pressure class of the standard pipe size, and the plurality of flange bolts couple the first pipe flange to the second pipe flange in a first arrangement corresponding to the first pressure class, coupling the first pipe flange to the second pipe flange comprises fitting the outer surface within the first arrangement of the plurality of flange bolts; and wherein the plurality of scalloped cavities are configured such that, where the first pipe flange and the second pipe flange are sized to correspond to a second pressure class of the standard pipe size, and the plurality of flange bolts couple the first pipe flange to the second pipe flange in a second arrangement corresponding to the second pressure class, coupling the first pipe flange to the second pipe flange comprises aligning the plurality of scalloped cavities with the second arrangement of the plurality of flange bolts” (claim 9, and note there is not a figure or figures which illustrate these two alternatives being employed separately or at the same time: and note that there being different embodiments, is supported with applicant’s D2 and D3, shown in Fig. 2, and explained in applicant’s original specification on page 5, starting in line 13 and going through page 6 line 8) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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.
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 1-13 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.
The term “standard” in claims 1 and 9 is a relative term which renders the claim indefinite. The term “standard” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Additionally, it is unclear as to what constitutes as a “standard pipe size”. Is a “standard pipe size” refereeing to a size measured using the metric system or the US Customary/British Imperial system, or is it referring to whole units, such as 1’”, 2”, 3” or is it also incorporating partial units such as 1.5” or ¾”? Is not any pipe size a standard pipe size for at least the size of the pipe that has that given/its pipe size?
Claims 1 and 9 recite “a first pressure class of the standard pipe size” and “a second pressure class of the standard pipe size”. What constitutes as a pressure class? Is the pressure class a negative pressure, a positive pressure, or does the class encompass all pressures both positive and negative? Is the class a range of pressures and if so how would one know what that range is? No corresponding document has been provided by applicant, where such limitations could be verified. What is the claim limitations referring to? Is the class referring to a material, the size(s), the pressure rating, how the structure is made? How is the claim clear as to what is being set forth and claimed in the claim?
Claims 5 and 10 recites “the first pressure class is ASME B16.5 Class 300 and the second pressure class is ASME B16.5 Class 150”. What is/are the claim limitations referring to? Is it referring to a material(s), the size(s), the pressure rating(s), how the structure is made, and so on? How is the claim clear as to what is being set forth and claimed in the claim? Is everything in ASME B16.5 Class 300 or in ASME B16.5 Class 150 being required all at the same time in order for the claim language to be satisfied?
Claim 9 recites “A method for coupling elements in a piping system, the method comprising:
arranging an annular body between a first pipe flange and a second pipe flange, the annular body defining…, wherein a first coupling surface extending between the outer surface and the inner surface is arranged against the first pipe flange, and wherein a second coupling surface substantially opposing the first coupling surface is arranged against the second pipe flange; and
coupling the first pipe flange to the second pipe flange using a plurality of flange bolts;
wherein the outer surface has a diameter configured such that, where the first pipe flange and the second pipe flange are sized to correspond to a first pressure class of the standard pipe size, and the plurality of flange bolts couple the first pipe flange to the second pipe flange in a first arrangement corresponding to the first pressure class, coupling the first pipe flange to the second pipe flange comprises fitting the outer surface within the first arrangement of the plurality of flange bolts; and
wherein the plurality of scalloped cavities are configured such that, where the first pipe flange and the second pipe flange are sized to correspond to a second pressure class of the standard pipe size, and the plurality of flange bolts couple the first pipe flange to the second pipe flange in a second arrangement corresponding to the second pressure class, coupling the first pipe flange to the second pipe flange comprises aligning the plurality of scalloped cavities with the second arrangement of the plurality of flange bolts.”
In the first portion of the claim, applicant sets forth that there is a first pipe flange and a second pipe flange and bolts for securing the first pipe flange and the second pipe flange to a singular (that is only one claimed) annular body between the first pipe flange and the second pipe flange. However, in the later part of the claim applicant is setting forth that there two different structural arrangements (embodiments) having two different sizes and pressure classes which would then conflict with there only being a first pipe flange and a second pipe flange and a set of bolts that clam the a first pipe flange and a second pipe flange to a singular (that is only one claimed) annular body between a first pipe flange and a second pipe flange.
This position, of there being different embodiments, is supported with applicant’s D2 and D3, shown in Fig. 2, and explained in applicant’s original specification on page 5, starting in line 13 and going through page 6 line 8.
How can there be only one set of flanges if there are two different pressure classes and/or bolt hole locations? The claim is unclear as to what is structurally being set forth.
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 9-12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wagner (EP 0974781).
At the outset the applicant is reminded that:
1. While features of an apparatus may be recited either structurally or functionally, claims directed to an apparatus must be distinguished from the prior art in terms of structure rather than function. In re Schreiber, 128 F.3d 1473, 1477-78, 44 USPQ2d 1429, 1431-32 (Fed. Cir. 1997).
2. A claim containing 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 if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987).
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Re Clm 1: Wagner discloses a bleed ring (see Figs. 1-4 and the Fig. above and see [0015 and 0016]) comprising:
an annular body (the body of 1) defining
a substantially cylindrical outer surface (see Fig. 2, the surface outside of 1001, and note that the structure is circular in nature),
a substantially cylindrical inner surface (see Fig. 2, the structure is circular in nature),
a first coupling surface (3) extending between the outer surface and the inner surface, and
a second coupling surface (4) substantially opposing the first coupling surface;
a plurality of scalloped cavities (of the 2001s) in the outer surface;
wherein the inner surface has a diameter corresponding to a standard pipe size (a pipe that can penetrate the inside);
wherein the outer surface has a diameter (for example, see Figs. 1-4) configured to fit within a first arrangement of flange bolts corresponding to a first pressure class of the standard pipe size; and
wherein the plurality of scalloped cavities (for example, see Figs. 1-4) are configured to align with a second arrangement of flange bolts corresponding to a second pressure class of the standard pipe size.
Re Clm 2: Wagner discloses wherein one or both of the first coupling surface or the second coupling surface comprises a serrated finish (serrated is being defined an notched and the 2001s notch the surface and thus the surface has an serrated finish).
Re Clm 3: Wagner discloses wherein each of the scalloped cavities comprises a substantially cylindrical bore (see above).
Re Clm 4: Wagner discloses a centerline of each of the scalloped cavities is substantially parallel to a centerline of the annular body (see above).
As for claim 5: the recitation of claim 5 of “wherein the first pressure class is ASME B16.5 Class 300 and the second pressure class is ASME B16.5 Class 150” is merely further defining none positively recited elements of the claim.
Re Clm 6: Wagner discloses comprising one or more tap (23) extending between the outer surface and the inner surface (see Fig. 2).
Re Clm 7: Wagner discloses wherein the one or more tap is configured for coupling with an instrument ([see 0020]) selected from the group consisting of a sensor, a gauge, a drain (electrical), a vent, a sample valve, and an anode rod.
Re Clm 9: Wagner discloses a method for coupling elements in a piping system (see Figs. 1-4 and the Fig. above and see [0015 and 0016]), the method comprising:
arranging an annular body (the body of 1) between a first pipe flange (2 or 13) and a second pipe flange (the other 2 and the other 13, respectively),
the annular body defining a substantially cylindrical inner surface (see Fig. 2, the structure is circular in nature) having a diameter corresponding to a standard pipe size (a pipe that can penetrate the inside) and
a substantially cylindrical outer surface (see Fig. 2, the outer surface and note that the structure is circular in nature) including
a plurality of scalloped cavities formed therein (of the 2001s),
wherein a first coupling surface (3) extending between the outer surface and the inner surface is arranged against the first pipe flange (see Figs. 1-4), and
wherein a second coupling (4) surface substantially opposing the first coupling surface is arranged against the second pipe flange (see Figs. 1-4); and
coupling the first pipe flange to the second pipe flange using a plurality of flange bolts (see Figs. 1-4);
wherein the outer surface has a diameter configured such that, where the first pipe flange and the second pipe flange are sized to correspond to a first pressure class (see Figs. 1 and 2 and [0015], the first pressure class for the smaller bolt configuration) of the standard pipe size (see Figs. 1 and 2 and [0015]), and the plurality of flange bolts couple the first pipe flange to the second pipe flange in a first arrangement corresponding to the first pressure class, coupling the first pipe flange to the second pipe flange comprises fitting the outer surface within the first arrangement of the plurality of flange bolts;
and wherein the plurality of scalloped cavities (the cavities below/within 1001) are configured such that, where the first pipe flange and the second pipe flange are sized to correspond to a second pressure class (see Figs. 3 and 4 and [0015], the second pressure class for the larger bolt configuration) of the standard pipe size (see Figs. 3 and 4 and [0015]), and the plurality of flange bolts couple the first pipe flange to the second pipe flange in a second arrangement corresponding to the second pressure class, coupling the first pipe flange to the second pipe flange comprises aligning the plurality of scalloped cavities with the second arrangement of the plurality of flange bolts.
As for claim 10: Wagner contains all of the claimed structural elements and thus Wagner’s invention has the first pressure class is ASME B16.5 Class 300 and the second pressure class is ASME B16.5 Class 150, as best understood.
Re Clm 11: Wagner discloses wherein the annular body comprises one or more tap (23) extending between the outer surface and the inner surface (see Fig. 2); and wherein the method comprises coupling an instrument ([see 0020]), the electrical earthing) to the one or more tap.
Re Clm 12: Wagner discloses wherein the instrument is selected from the group consisting of a sensor, a gauge, a drain (electrical), a vent, a sample valve, and an anode rod.
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 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wagner (EP 0974781) as applied to claim(s) 1-7 and 9-12 above.
Re Clm 8: Wagner discloses wherein the one or more tap is at least partially threaded and is configured to correspondingly receive a threaded coupler of the instrument ([see 0020] and fig. 2).
Wagner fails to explicitly disclose threads. However, Wagner in paragraph 0020 indicates that “One of the extensions 20 has in its surface 22 a receiving bore 23 arranged essentially radially to the valve housing 1 as a fastening means for attaching an electrical earthing connection (not shown).” and in Fig. 2 appears to illustrate a threaded hole at 23.
Threads are a known means of attaching members together for the purpose of making a firm and secure connection between mating parts. The examiner is taking Official notice that a member or members can have threads so that they can be threaded together for the purpose of making a firm and secure connection between mating parts.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention at the time the invention was made to have modified the device of Wagner, to have employed threads, with a reasonable expectation of success because threads are a known means of attaching members together for the purpose of making a firm and secure connection between mating parts.
Re Clm 13: Wagner discloses wherein the one or more tap and the instrument comprises a coupler; and wherein coupling the instrument to the one or more tap comprises engaging the coupler of the instrument with the one or more tap ([see 0020] and fig. 2).
Wagner fails to explicitly disclose threads. However, Wagner in paragraph 0020 indicates that “One of the extensions 20 has in its surface 22 a receiving bore 23 arranged essentially radially to the valve housing 1 as a fastening means for attaching an electrical earthing connection (not shown).” and in Fig. 2 appears to illustrate a threaded hole at 23.
Threads are a known means of attaching members together for the purpose of making a firm and secure connection between mating parts. The examiner is taking Official notice that a member or members can have threads so that they can be threaded together for the purpose of making a firm and secure connection between mating parts.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention at the time the invention was made to have modified the device of Wagner, to have employed threads, with a reasonable expectation of success because threads are a known means of attaching members together for the purpose of making a firm and secure connection between mating parts.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The following documents have structural features (spacing means) which are similar to the applicant’s claimed invention; US-20030042683-A1, US-20190170287-A1, US-8210541-B2, US-5785322-A, US-9470348-B1, DE-29520465-U1, and FR-2513348-A1.
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
01/06/2026
/Matthew Troutman/ Supervisory Patent Examiner, Art Unit 3679