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
Applicants’ arguments filed 9/4/2026 have been fully considered, and the amended claims overcome the previous rejection. However, upon further search and consideration, a new ground of rejection is made in view of additional prior art.
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 15, 19,20 are rejected under 35 U.S.C. 103 as being unpatentable over PlugCo’s product video “PlugCo | How To Use the Inflatable Pipe Plugs”, hereafter known as PlugCo, in view of LeakTools’s product “Open Inflatable Plug - 555BP (2")”, hereafter known as LeakTools.
Regarding claim 15, PlugCo discloses a system for repairing a pipe (the inflatable plug of PlugCo can be used to repair a pipe, PlugCo), comprising:
a flow-through plug system comprising a rigid section comprising an upper portion and a lower portion that extends at an angle relative to the upper portion (video at 1:32, bypass pipe line has a vertical upper portion and horizontal lower portion, but the bypass pipe is not disclosed to be rigid, PlugCo),
and a plug positioned on the lower portion of the pipe section and substantially surrounding said lower portion (video at 1:32, left plug is on the horizontal lower portion of the pipe and surrounds the lower portion, PlugCo), wherein the plug is expanded against the pipe (video at 1:48, bypass plug is expanded by air from blue air line, against the pipe at 1:32, PlugCo);
wherein the upper portion of the flow through plug system comprising a rigid material extending a length into a clean out pipe (video at 1:32, upper portion of bypass pipe extends into a clean out pipe, but is not disclosed to be rigid),
wherein the upper portion is used to orient the plug in the pipe (not disclosed); and
a fluid source for expanding the plug in the pipe (video at 1:32, air compressor, PlugCo);
PlugCo does not disclose the upper and lower portion to be rigid, the upper portion comprising a rigid material extending a length into a clean out pipe, or the upper portion being used to orient the plug in the pipe.
However, LeakTools teaches:
a rigid upper and lower portion (product image, LeakTools, the plug has a metal tube extending horizontally from the plug and a metal right angle fitting attached to it; the horizontal parts of the assembly is the lower portion, and the vertical part of the fitting is the upper portion, the whole assembly is rigid),
the upper portion comprising a rigid material extending a length into a pipe (product image, LeakTools, upper portion is made of metal, and can extend into a pipe),
and the upper portion being used to orient the plug in the pipe (product image, LeakTools, the upper portion is attached to the plug, so it can be used to insert and orient the plug into the pipe. Additionally, it has been held that 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 satisfying the claimed structural limitations. Ex parte Masham, 2 USPQ2d 1647 (1987)).
LeakTools describes an inflatable plug, a field closely related to PlugCo and the claimed invention. Therefore it would be obvious to one of ordinary skill in the art a time of file to incorporate the teachings of LeakTools into PlugCo and add a right angle fitting like the fitting of LeakTools on the end of the plug of PlugCo for the bypass hose, so the fitting extends into the bypass pipe of PlugCo. Before the modification, the bypass hose of PlugCo is mounted horizontally and has to be bent to reach the surface; depending on the hose diameter and flexibility this might be difficult in narrow environments. After the modification, the bypass hose of PlugCo is mounted oriented vertically due to the right angle fitting and does not need to bend to reach the surface, allowing the plug to be used in more space constrained environments.
Regarding claim 19, PlugCo in view of LeakTools discloses the system of claim 15, wherein the lower portion of the pipe section extends from the upper portion at an angle between about 45-degrees and about 135-degrees (product image, LeakTools, the right angle fitting causes the upper section and lower section to extend at 90 degrees from each other, it is also the case in PlugCo in view of LeakTools ).
Regarding claim 20, PlugCo in view of LeakTools discloses the system of claim 19, wherein the lower portion of the pipe section extends from the upper portion at an approximately 90-degree angle (product image, LeakTools, the right angle fitting causes the upper section and lower section to extend at 90 degrees from each other, it is also the case in PlugCo in view of LeakTools ).
Claims 16, 17 are rejected under 35 U.S.C. 103 as being unpatentable over PlugCo in view of LeakTools, in further view of First Class Plumber’s webpage “Low Profile Pump Truck”, hereafter known as FCP.
Regarding claim 16, PlugCo in view of LeakTools discloses the system of claim 15, but does not disclose further comprise an extension conduit connecting the pipe section of the flow-through plug system and a container.
However, FCP teaches an extension conduit connecting the pipe section of the flow-through plug system and a container (page 2, product image, FCP, the hose of the vacuum truck (extension conduit) connects the pipe section of the flow-through plug system and the container of the truck). FCP is a webpage for sewer pipe maintenance equipment, a field closely related to PlugCo, LeakTools and the claimed invention. Therefore it would be obvious to one of ordinary skill in the art a time of file to incorporate the teachings of FCP into PlugCo in view of LeakTools and connect the hose of the vacuum truck of FCP to the upper portion of the pipe section of PlugCo in view of LeakTools to move the material in the pipe into the vacuum truck container of FCP instead of back into the pipe downstream. Removing sewer pipe material with a vacuum truck is well known in the art, and is required when the material needs to be removed from the pipe system or is in the pipe as a result of an accident (product description, the vacuum truck can remove septic tank waste, excess water, or other materials erroneously spilled in an emergency, FCP).
Regarding claim 17, PlugCo in view of LeakTools and FCP discloses the system of claim 16, further comprising a pump to move the material via the flow-through plug system and extension conduit (product title, FCP, the pump truck has a pump to move material).
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over PlugCo in view of LeakTools and FCP in further view of Opticam’s product video “OPTICAM Sewer Camera Inspection System : Insight Vision”, hereafter known as Opticam.
Regarding claim 18, PlugCo in view of LeakTools and FCP discloses the system of claim 17, but does not disclose a monitoring system to provide visual indication, at a location external of the pipe, of the present of material in the pipe to be evacuated via the flow-through plug system and extension conduit.
However, Opticam teaches a sewer inspection camera with a monitoring system that can provide visual indication, at a location external of the pipe, of the present of material in the pipe (video 0:09-0:59, Opticam). Opticam is a product video for a sewer inspection camera, a field related to PlugCo and the claimed invention. Therefore it would be obvious to one of ordinary skill in the art a time of file to incorporate the teachings of Opticam into PlugCo and use the camera of Opticam to visually monitor and inspect the plug system of PlugCo during operation. The added visual monitoring can allow personnel to notice potential issues faster, as well as take pictures for documentation.
Claims 21, 23,24, 29 are rejected under 35 U.S.C. 103 as being unpatentable over PlugCo in view of LeakTools in further view of ApolloHome’s blog post “The Best Method For Locating Plumbing Lines”, hereafter known as ApolloHome.
Regarding claim 21, PlugCo discloses a plug system for use in repairing one or more pipes of a sewer pipe system (the inflatable plug of PlugCo can be used to repair a sewer pipe system, PlugCo), said pipe system comprising a main pipe (video at 1:32, horizontal main pipe attached to manhole, PlugCo) and at least one lateral pipe extending therefrom (not disclosed), and wherein a cleanout is provided to access the at least one lateral pipe via the cleanout (not disclosed), the plug system comprising:
a pipe section comprising an upper portion and a lower portion extending at an angle relative to the upper portion (video at 1:32, bypass pipe line has a vertical upper portion and horizontal lower portion, PlugCo);
a plug positioned on the lower portion of the pipe section and substantially surrounding said lower portion (video at 1:32, left plug is on the horizontal lower portion of the pipe and surrounds the lower portion, PlugCo);
wherein the upper portion of the flow-through plug system comprises a rigid material extending through a length of the cleanout pipe to orient the plug in the pipe (not disclosed);
a fluid source operatively connected to the plug to expand said plug in a pipe of the sewer pipe system (video at 1:32, red air compressor, PlugCo), wherein the plug substantially blocks flow in the pipe when expanded (video at 1:32, expanded plug blocks flow in the pipe, PlugCo);
PlugCo does not disclose wherein the upper portion of the flow-through plug system comprises a rigid material extending through a length of the cleanout pipe to orient the plug in the pipe. However, LeakTools teaches the upper portion of a plug comprising a rigid material extending a length into a pipe to orient the plug in the pipe (product image, LeakTools, upper portion of the plug system is made of metal, and can extend into a pipe, and can be used to orient the plug in the pipe. Additionally, it has been held that 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 satisfying the claimed structural limitations. Ex parte Masham, 2 USPQ2d 1647 (1987)).
LeakTools describes an inflatable plug, a field closely related to PlugCo and the claimed invention. Therefore it would be obvious to one of ordinary skill in the art a time of file to incorporate the teachings of LeakTools into PlugCo and add a right angle fitting like the fitting of LeakTools on the end of the plug of PlugCo for the bypass hose so the fitting extends into the bypass pipe of PlugCo. Before the modification, the bypass hose of PlugCo is mounted horizontally and has to be bent to reach the surface; depending on the hose diameter and flexibility this might be difficult in narrow environments. After the modification, the bypass hose of PlugCo is mounted oriented vertically due to the right angle fitting, and does not need to bend to reach the surface, allowing the plug to be used in more space constrained environments.
PlugCo in view of LeakTools does not disclose a pipe system with a cleanout or lateral pipe. However, ApolloHome teaches a sewer system with a main pipe, and at least one lateral pipe extending therefrom, and wherein a cleanout is provided to access the at least one lateral pipe via the cleanout (first figure, ApolloHome). ApolloHome is a blog post about sewer plumbing lines, a field closely related to PlugCo, LeakTools, and the claimed invention. Therefore it would be obvious to one of ordinary skill in the art a time of file to incorporate the teachings of ApolloHome into PlugCo in view of LeakTools and use the bypass plug system of PlugCo in view of Leaktools with the sewer system of ApolloHome. The plug system can temporarily bypass the sewage from the house as a section of the sewer lateral of ApolloHome is repaired. In addition, it has been held that 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 satisfying the claimed structural limitations. Ex parte Masham, 2 USPQ2d 1647 (1987).
Regarding claim 23, PlugCo in view of Leaktools and ApolloHome discloses the flow-through plug system of claim 21, wherein the lower portion of the pipe section extends from the upper portion at an angle between about 45-degrees and about 135- degrees. (product image, LeakTools, the right angle fitting causes the upper section and lower section to extend at 90 degrees from each other, it is also the case in PlugCo in view of LeakTools ).
Regarding claim 24, PlugCo in view of Leaktools and ApolloHome discloses the flow-through plug system of claim 23, wherein the lower portion of the pipe section extends from the upper portion at an approximately 90-degree angle (product image, LeakTools, the right angle fitting causes the upper section and lower section to extend at 90 degrees from each other, it is also the case in PlugCo in view of LeakTools ).
Regarding claim 29, PlugCo in view of LeakTools and ApolloHome, discloses the flow-through plug system of claim 21, wherein the fluid source comprises an air source for inflating the plug. (video at 1:32, red air compressor, PlugCo);
Claim 22 is rejected under 35 U.S.C. 103 as being unpatentable over PlugCo in view of LeakTools, ApolloHome, in further view of PlugCo’s datasheet for the “PTP8001600/1,0” bypass plug, hereafter known as PTP800.
Regarding claim 22, PlugCo in view of LeakTools and ApolloHomes discloses the flow-through plug system of claim 21, wherein the plug comprises a rubber material (not disclosed) fluidly sealed on the pipe section (video at 1:32, plug is fluidly sealed to the pipe section, PlugCo). PlugCo in view of LeakTools and ApolloHomes does not disclose wherein the plug comprises a rubber material, although the material is similar to rubber in appearance.
However, PTP800 teaches an inflatable plug made of rubber (technical table, material row, PTP800). PTP800 is a datasheet for an inflatable sewer plug, a field closely related to PlugCo, Leaktools, ApolloHomes, and the claimed invention. Therefore it would be obvious to one of ordinary skill in the art a time of file to incorporate the teachings of PTP800 into PlugCo in view of LeakTools and ApolloHomes and construct the plug using the rubber material of PTP800. Rubber is well known in the art for its flexibility and durability, benefits that would be passed onto the plug.
Additionally it would have been obvious to one having ordinary skill in the art at the time the invention was made to use rubber as the plug material, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. See also Ballas Liquidating Co. v. Allied industries of Kansas, Inc. (DC Kans) 205 USPQ 331.
Claims 25, 26. 30 are rejected under 35 U.S.C. 103 as being unpatentable over PlugCo in view of LeakTools and ApolloHome, in further view of FCP.
Regarding claim 25, PlugCo in view of Leaktools and ApolloHome discloses the flow-through plug system of claim 21, but does not disclose an extension conduit operatively connected to the upper portion of the pipe section.
However, FCP teaches an extension conduit (product image, FCP, the vacuum hose of FCP (extension conduit). FCP is a webpage for sewer pipe maintenance equipment, a field closely related to PlugCo and the claimed invention. Therefore it would be obvious to one of ordinary skill in the art a time of file to incorporate the teachings of FCP into PlugCo in view of Leaktools and ApolloHome and fluidly connect the hose of the vacuum truck of FCP to the upper portion of the pipe section of PlugCo in view of Leaktools and ApolloHome to move the material in the pipe into the vacuum truck container of FCP instead of back into the pipe downstream. Removing sewer pipe material with a vacuum truck is well known in the art, and is required when the material needs to be removed from the pipe system or is in the pipe as a result of an accident (product description, the vacuum truck can remove septic tank waste, excess water, or other materials erroneously spilled in an emergency, FCP).
Regarding claim 26, PlugCo in view of LeakTools, ApolloHome, ad FCP discloses the flow-through plug system of claim 25, wherein the evacuation system operatively connected to the extension conduit. (product image, FCP, the vacuum truck is the evacuation system, and is connected to the vacuum hose of FCP (extension conduit)).
Regarding claim 30, PlugCo in view of LeakTools and ApolloHome discloses the plug system of claim 21, wherein:
the pipe section and plug inserted via the cleanout to a location where the lower portion is positioned in and facing an upstream portion of the at least one lateral pipe and the upper portion at least partially in the cleanout, and when inflated, the plug contacting the wall of the at least one lateral pipe (first figure, ApolloHome, the sewer system has a main pipe, at least one lateral pipe extending therefrom, and a cleanout is provided to access the at least one lateral pipe via the cleanout. When the plug is used, the lower portion is positioned in and facing an upstream portion of the lateral pipe and contacting the wall when inflated, and the upper portion is in the cleanout. Additionally, it has been held that 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 satisfying the claimed structural limitations. Ex parte Masham, 2 USPQ2d 1647 (1987);
and an evacuation system including a collection container, wherein the evacuation system is fluidly connected to the pipe section (not disclosed)
PlugCo in view of LeakTools and ApolloHome does not disclose a collection container, wherein the evacuation system is fluidly connected to the pipe section. However, FCP teaches an evacuation system including a collection container (page 2, product image, product description, the vacuum truck of FCP has a container and an evacuation system, FCP). FCP is a webpage for sewer pipe maintenance equipment, a field closely related to PlugCo, LeakTools and the claimed invention. Therefore it would be obvious to one of ordinary skill in the art a time of file to incorporate the teachings of FCP into PlugCo in view of LeakTools and ApolloHomes and fluidly connect the hose of the vacuum truck of FCP to the upper portion of the pipe section of PlugCo to move the material in the pipe into the vacuum truck container of FCP instead of back into the pipe downstream. Removing sewer pipe material with a vacuum truck is well known in the art and is required when the material needs to be removed from the pipe system or is in the pipe as a result of an accident (product description, the vacuum truck can remove septic tank waste, excess water, or other materials erroneously spilled in an emergency, FCP).
Claim 28 is rejected under 35 U.S.C. 103 as being unpatentable over PlugCo in view of LeakTools and ApolloHome, in further view of Kosuge (US 20070103324 A1), hereafter known as Kosuge.
Regarding claim 28, PlugCo in view of LeakTools, ApolloHomes, discloses the flow-through plug system of claim 2, but does not disclose an alert system operatively connected to the pipe section for alerting the presence of sewage.
However, Kosuge teaches a sewer monitoring and alarm system that can detect sewage (abstract, paragraphs 0053 and 0054, Kosuge). Kosuge describes a sewer monitoring system, a field related to PlugCo and the claimed invention. Therefore it would be obvious to one of ordinary skill in the art a time of file to incorporate the teachings of Kosuge into PlugCo in view of LeakTools and ApolloHomes and use the monitoring and alarm system of Kosuge to monitor the plug during operation. Kosuge features a remote monitoring station (paragraph 0054, Kosuge), which can allow one to monitor several operation plugs, reducing personnel costs.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
SuperiorSignals.com discloses a plug that is positioned into a pipe using a pole attached to its upper vertical portion.
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
