Patent AU-2013257397-B2 (AU)
Title: Method and apparatus for suspending duct by inserted corner members
Inventor: CARSON JEFFREY KENNETH
IPC: F16L23/14
Filed: 2013-11-11
Granted: 2016-07-21
Abstract: Datum Blatt Anmelde-Nr: Date cf Form 1507 Sheet 1 Application No: 12 7 7 4 5 8 7 .5 Date Feuille Demande n': The examination is being carried out on the following application documents Description, Pages 1-41 as published Claims, Numbers 1-17 as published Drawings, Sheets 1/13-13/13 as published Reference is made to the following documents; the numbering will be adhered to in the rest of the procedure. D1 EP 0 069 920 A2 (SMITKA GUNTER) 19 January 1983 (1983-01-19) D2 DE 26 27 515 Al (MEZ GEORG) 29 December 1977 (1977-12-29) D3 WO 86/05855 Al (KOMOTZKI MICHAEL [DE]; SCHAUER MARKFRIED [DE]) 9 October 1986 (1986-10-09) D4 US 6 471 256 B1 (FISCHER HERBERT J [US]) 29 October 2002 (2002-10-29) D5 EP 0 971 161 A2 (AUMAYR GMBH & CO LEOPOLD [AT]) 12 January 2000 (2000-01-12) D6 US 5 090 101 A (WELTY ROBERT E [US]) 25 February 1992 (1992-02-25) D7 DE 76 18 115 Ul 24 November 1977 (1977-11-24) D8 US 3 923 326 A (MEZ GEORG) 2 December 1975 (1975-12-02) D9 US 4 621 661 A (GREINER WALDEMAR H [CA]) 11 November 1986 (1986-11-11) D10 US 5 125 199 A (WHITNEY ROBERT I [US] ET AL) 30 June 1992 (1992-06-30) D11 US 6 092 270 A (SAWDON EDWIN G [US]) 25 July 2000 (2000-07-25) EPO Form 1703 01.91TRI Datum Blatt Anmelde-Nr: Date cf Form 1507 Sheet 2 Application No: 12 7 7 4 5 8 7 . 5 Date Feuille Demande n': D12 US 2005/189462 Al (BERLYN DANIEL E [US] ET AL) 1 September 2005 (2005-09-01) 1.Art 123(2) EPC As a large amount of technical features has been deleted in the current set of claims 3 to 17 in comparison with the set of claims as originally filed and that no indication on the origins resp. basis for those claims amendments has been filed with the new set of claims, it seems prima facie, that most of those claims 3 to 17 would not to meet the requirements of Art 123(2) EPC, especially because of a large use of intermediate generalisation (see thereon EPC Guidelines H-V 3.2.1). 2. Art 84 EPC claim 1 resp. 10-17 It is made the remark that "the support assembly" as defined in claim 1 does not belong to the subject matter of claim 1, which is a duct section, that is selectively connectable to a support by means of a support assembly. It is thus not clear, Art 84 EPC, which limitations this "support" and "support assembly" are implying on the "duct section" itself. The same remark applies to the subject matter of claims 10 -17. The application does not meet the requirements of Article 84 EPC because the subject-matter of claim 1 is not clear. The claim not only defines the "duct section" itself but also specifies its relationship to a support assembly which is not part of the claimed "duct section". Therefore, claim 1 is not allowable having regard to Article 84 EPC (see also the Guidelines F-IV,4.14). It is suggested to change the designation of the subject-matter of claim 1 to "A assembly comprising a duct section and a support assembly". The description should be adapted correspondingly, Rule 42(1)c EPC 2.3 Claims 4,5 The subject matter of claims 4 and 5 do not meet the requirements of Art 84 EPC, because the use of trademarks is not allowed, see thereon Guidelines F-IV, 4.8 3. Novelty of Claim 1 EPO Form 1703 01.91TRI Datum Blatt Anmelde-Nr: Date cf Form 1507 Sheet 3 Application No: 12 7 7 4 5 8 7 . 5 Date Feuille Demande n': The present application does not meet the requirements of Article 52(1) EPC, because the subject-matter of claim 1 is not new in the sense of Article 54(1) and (2) Document D1 discloses (the references in parentheses applying to this document): A duct section (1, figure 1, see also the abstract) of an air transport duct that is selectively connectable to a support by means of a support assembly locatable between said duct and said support, said duct section (1) comprising: two terminal open ends (fig 1 and Seite 7, Z. 16-20) and a flange (5) disposed around each of said open ends suitable for abutting connection to the flange of an adjacent duct section of said duct, each said flange (5) having a first receiving channel(4) adjacent to a first corner thereof and a second receiving channel that is generally transverse to said first receiving channel (see figure 1) and adjacent said first corner; and an insertable corner member (8, fig 2) positioned into said first receiving channel (4, see fig 5) and into said second receiving channel; wherein said insertable corner member (8) is attached to at least one of said first receiving channel (4) and said second receiving channel (4) by means of a load bearing connection (see figure 5 and Seite 10, Z.14 bis Seite 11, Z.5) therebetween, such that said insertable corner member is thereafter capable of supporting a predetermined portion of a weight of said duct by connection of said insertable corner member to said support via said support assembly. Thus, the subject matter of claim 1 is not new in light of document D1. The same objection applies in light of documents D2-D8, see the corresponding passages cited in the Search Report. 4. Dependent Claims Dependent claims 2-17 are either not new, Art 5481) and (2) EPC or relate to minor constructional features, which insofar as not revealed in the prior art form part of the normal consideration of the man skilled in the art and cannot be seen to involve an inventive step when combined with the subject-matter of any claim to which they refer, see thereon documents D1 - D1 2 and the corresponding passages and figures cited in the search report. 5. Conclusion EPO Form 1703 01.91TRI Datum Blatt Anmelde-Nr: Date cf Form 1507 Sheet 4 Application No: 12 7 7 4 5 8 7 . 5 Date Feuille Demande n': It is not at present apparent which part of the application could serve as a basis for a new, allowable claim. Should the applicant nevertheless regard some particular matter as patentable, an independent claim should be filed taking account of Rule 43(1) EPC. The applicant should also indicate in the letter of reply the difference of the subject matter of the new claim vis-n-vis the state of the art and the significance thereof. 6. Filing of Amendments In order to facilitate the examination of the conformity of a possibly amended application with the requirements of Article 123(2) resp. Rule 137(5) EPC, the applicant is requested to clearly identify the amendments carried out, irrespective of whether they concern amendments by addition, replacement or deletion, and to indicate the passages of the application as filed on which these amendments are based. 7. Minor Deficiencies The applicant is further asked to be aware of the following points: - Independent claim 1 is not in the two-part form in accordance with Rule 43(1) EPC, which in the present case would be appropriate. - The features of the claims should be provided with reference signs placed in parentheses to increase the intelligibility of the claims (Rule 43(7) EPC). - At least document D1 should be identified in the description and the relevant background art therein is to be indicated (Rule 42(1)(b) EPC). - The description must be brought into conformity with the new claims to be filed (Rule 42(1)c EPC) - The two last paragraph of the description should be deleted (Rule 48(1)c EPC and C F-IV, 4.4 Guidelines and F-Ill, 8). EPO Form 1703 01.91TRI