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 .
Response to Arguments
Applicant's arguments with respect to claim 1, filed 11/4/2025, have been fully considered but they are not persuasive. Applicant argues the elastomeric annular pipe interface portions of Straub do not have a smaller annular radius than the elastomeric intermediate annular portion. However, the elastomeric annular pipe interface portions 22 and 21 of Straub protrude towards the center of the pipe beyond intermediate portion 12, and thus the radius from the center of the pipe to the interface portions (the inner radius) is smaller than the radius from the center to the intermediate portion. The detailed description in the specification states each of the pipe interface portions have a smaller annular radius than the intermediate portion so they can seal against the contour of the pipe, therefore the annular radius is referring to the radius measured from the center to the inner surface of the portions.
Applicant’s arguments with respect to claims 1,2,4,6 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 coupling arms of claim 8 must be shown and labeled or the features canceled from the claim. 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.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: the “coupling arms” of claim 8 are not disclosed in the specification; the term is not included in the specification nor is a reference number.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 8 rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. The coupling arms of claim 8 appear to be new matter, as they are not mentioned in the specification, nor labeled in the drawings.
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.
Claim 8 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 coupling arms of claim 8 are indefinite because they are not disclosed in the specification nor the drawings. The term is not present in the specifications, nor is it labeled in the drawings. For purposes of compact prosecution, the coupling arms are interpreted to refer to the protrusions on the ends of clamping member 24 that extend inward to accommodate for the reduced diameter of end portions of band 22.
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.
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.
Claims 1,2,4,6 are rejected under 35 U.S.C. 103 as being unpatentable over Straub (EP 0079457) in view of Krausz (US 20110095520 A1), in further view of Sergio (US 20160109050 A1).
Regarding claim 1, Straub teaches a pipe coupling encapsulation assembly (title, paragraph 0001, EP 0079457 translated, Straub) comprising:
An elastomeric ring comprising two elastomeric pipe interface portions (fig 3, unmarked end portions of part 12, Straub) that extend from two opposite axial ends of and elastomeric intermediate annular portion (fig 3, unmarked middle portion of part 12, Straub), said elastomeric annular pipe interface portions having a smaller annular radius than an annular radius of the intermediate portion (fig 1, fig. 5, part 12 end portions have smaller radius than the middle portion, Straub), each of said elastomeric annular pipe interface portions and said intermediate annular portion comprising edges (fig 1, surfaces 32 and 33 and paragraph 0014, line 145-146, EP 0079457 translated, Straub) that face each other when said elastomeric ring is placed around a pipe; (fig 2 and paragraph 0015, line 156-157, EP 0079457 translated, Straub)
And a repair coupling (fig 1, part 10, Straub) which comprises a band (fig 1, part 11) and opposing clamp members extending outwards from ends of said band (fig2, clamp members 15 and 14 are opposing each other and extend outward from ends of band 11, Straub), said elastomeric ring being radially inwards of said band (fig 3, elastomeric ring 12 is inwards of band 11, Straub) and wherein said band has a shape complimentary to said elastomeric ring (not disclosed) so that said band has an intermediate portion with a larger radius than end portions that correspond to said elastomeric annular pipe interface portions (not disclosed);
Wherein when said opposing clamp members are tightened, said edges of said elastomeric intermediate annular portion and of said elastomeric annular pipe interface portions abut against each other (paragraph 0015, line 156-157, EP 0079457 translated, Straub);
And wherein a keeper element (fig 5, part 36, Straub) couples an inner surface of said elastomeric intermediate annular portion to said band, (Fig 5 and paragraph 0017, line 181-185; as the elastomeric ring is sandwiched between the clamp and the keeper element, the keeper element couples the two together, Straub) said keeper element comprising a first portion that circumferentially extends over said edges of said elastomeric intermediate annular portion (fig 5, top portion of guide tab 36 extends over edges of elastomeric ring 12, Straub) and a second portion extending radially inwards away from outer-radial and inner radial surfaces of said first portion (not disclosed) , wherein said keeper element maintains said edges in abutment against each other and ensures that said edges do not overlap each other. (Paragraph 0015, lines 155-159, EP 0079457 translated, Straub).
Straub does not disclose a second portion of the keeper element extending radially inwards away from outer-radial and inner radial surfaces of said first portion. However, Krausz discloses a keeper element (fig 1, part 10, Krausz) with a second portion extending radially inwards away from outer-radial and inner radial surfaces of said first portion (fig 1, part 20 or 22 extends radially inwards away from first portion 12, Krausz). Krausz describes a pipe coupling device with elastomeric seals clamped together with a rigid exterior shell and keeper element, which is in a field analogous to that of Straub and the claimed invention. Therefore, it would have been obvious to one of ordinary skill in the art at time of filing to have incorporated the features of the keeper element of Krausz into the keeper element of Straub. The additional keeper element flanges of Krausz press the elastomeric seal tighter to the coupled pipe, ensuring a fluid tight seal (paragraph [0020], Krausz), a feature that would benefit the coupling clamp of Straub as well, improving its performance.
Straub in view of Krausz does not disclose wherein said band has a shape complimentary to said elastomeric ring (not disclosed) so that said band has an intermediate portion with a larger radius than end portions that correspond to said elastomeric annular pipe interface portions (not disclosed), and wherein said opposing clamp members extend to and are coupled to said end portions of said band (not disclosed). However, Sergio teaches a band having a shape complementary to said elastomeric ring (fig 3h, 3g, paragraph 0047, bands 4 and 6, have grooves 26 complimentary in shape to sealing members 18 and 20, which are made of elastomeric material, paragraph 0012, Sergio), so that said band has an intermediate portion with a larger radius than end portions that correspond to said elastomeric annular pipe interface portions (fig 1, intermediate portion 4 has a larger radius than end portions 34 and 36, which correspond to elastomeric pipe interface portions 18 and 20, Sergio), and wherein said opposing clamp members extend to and are coupled to said end portions of said band (figs 1 and 3g, opposing clamp members extend to end portions of band, Sergio). Sergio describes a pipe repair clamp with elastomer sealing gaskets, a field closely related to Straub, Krausz, and the claimed invention. Therefore, it would have been obvious to one of ordinary skill in the art at time of file to have incorporated the features of Sergio into Straub in view of Krausz and made the end portions of Straub in view of Krausz correspond to the elastomeric annular pipe interface portions as well as have an intermediate portion with a larger radius than the end portions, as well as extend the clamping members to the ends of the band. The corresponding geometries and extended clamping members will allow better sealing performance, while the greater intermediate portion will allow the clamp to be used in joined pipes, as seen in fig 3g of Sergio.
Regarding claim 2, Straub in view of Krausz in further view of Sergio teaches a pipe coupling encapsulation assembly according to claim 1,
wherein said keeper element maintains said edges of said elastomeric intermediate annular portion and of said elastomeric annular pipe interface portions in abutment against each other (fig 2, edges are in abutment at seam 31, paragraph 0017, lines 175-178, EP 0079457 translated, Straub) even when said edges of said elastomeric intermediate annular portion and of said elastomeric annular pipe interface portions are exposed to vacuum conditions (paragraph 0019, lines 195-200 show that the coupling clamp is designed to work under a pressure differential, and so can work even if the stated portions are under vacuum, Straub).
Regarding claim 4, Straub in view of Krausz in further view of Sergio teaches a pipe coupling encapsulation assembly according to claim 1, wherein said second portion is axially inwards of inner axial surfaces of said elastomeric annular pipe interface portions. (Fig 2b Krausz, second portions 20 and 22 of seal pressing keeper element 10 is axially inwards of the inner axial surfaces of elastomeric ring annular pipe interface portion 32.)
Regarding claim 6, Straub in view of Krausz in further view of Sergio teaches a method for pipe coupling encapsulation comprising tightening the pipe coupling encapsulation assembly of claim 1 around a pipe (paragraph 0017, lines 175-185, EP 0079457 translated, Straub) and using said keeper element to maintain said edges in abutment against each other and ensure that said edges do not overlap each other (paragraph 0017, lines 175-178, EP 0079457 translated, Straub).
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Haotian Lu whose telephone number is (571)272-0444. The examiner can normally be reached Monday-Friday 9:00 am-5:00 pm CST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kenneth Rinehart, can be reached at (571) 272-4881. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/H.L./Examiner, Art Unit 3753
/KENNETH RINEHART/ Supervisory Patent Examiner, Art Unit 3753
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