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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 3/23/2026 has been entered.
Response to Arguments
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.
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 Straub1992 (US 5137305 A), in further view of Sergio (US 20160109050 A1).
Regarding claim 1, Straub discloses a pipe coupling encapsulation assembly (title, paragraph 0001, EP 0079457 translated, Straub) comprising:
an elastomeric ring comprising two elastomeric annular pipe interface portions (fig 3, unmarked end portions of part 12, Straub) that extend from two opposite axial ends of an elastomeric intermediate annular portion (fig 3, unmarked middle portion of part 12, Straub), said elastomeric annular pipe interface portions having a smaller outer annular radius than an outer annular radius of said elastomeric intermediate annular portion (not disclosed), each of said elastomeric annular pipe interface portions and said elastomeric 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 outer radius than outer radii of 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);
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 from an axial end edge of said first portion 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 extending from an axial end edge of said first portion radially inwards away from outer-radial and inner-radial surfaces of said first portion. However, Straub 1992 teaches a keeper element with a second portion that extends from the front and rear axial edges of the first portion radially inwards away from the outer-radial and inner-radial surfaces of said first portion (figs 2 and 3, steel sheet 14, shown in dotted lines in fig 3, follows the inside contours of the coupling and has portions extending from its axial ends that extend radially inward, Straub 1992). Straub 1992 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 Straub1992 into the keeper element of Straub. The keeper element of Straub1992 with its extensions bridges possible gaps between the butting ends of the band to maintain a fluid tight seal (col 1, lines 12-14, Straub1992), a feature that would benefit the coupling clamp of Straub as well, improving its performance.
Straub in view of Struab1992 does not disclose wherein
said elastomeric annular pipe interface portions having a smaller outer annular radius than an outer annular radius of said elastomeric intermediate annular portion,
said band has a shape complimentary to said elastomeric ring so that said band has an intermediate portion with a larger outer radius than outer radii of end portions that correspond to said elastomeric annular pipe interface portions,
and wherein said opposing clamp members extend to and are coupled to said end portions of said band.
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 outer radius than the outer radii of end portions that correspond to said elastomeric annular pipe interface portions (fig 1, intermediate portion 4 has a larger outer 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, Straub1992, 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 Straub1992 and made the end portions of Straub in view of Straub1992 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. After the modification, the elastomeric intermediate annular portion, which follows the contour of band 11 of Straub and is thus expanded, has a larger outer annular radius than the outer annular radii of the elastomeric pipe interface portions.
Regarding claim 2, Straub in view of Straub1992 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 Straub1992 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 Straub1992, 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 Straub1992 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
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Woosley (US 2426423 A), Johnson (US 2020554 A), and Walters (US 1905324 A) disclose an elastomeric ring with an intermediate portion of larger outer diameter than its pipe interface portions.
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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/H.L./Examiner, Art Unit 3753
/KENNETH RINEHART/Supervisory Patent Examiner, Art Unit 3753
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