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 .
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 15,16,17,19,20 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 First Class Plumber’s webpage “Low Profile Pump Truck”, hereafter known as FCP.
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 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), 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);
a fluid source for expanding the plug in the pipe (video at 1:32, air compressor, PlugCo);
and an evacuation system to move material from within the pipe and through the flow-through plug system to a container (not disclosed).
PlugCo does not disclose moving material from the pipe through the plug into a container. However, FCP teaches moving material from the pipe into a container (page 2, product image, product description, the vacuum truck of FCP has a container and a suction system to move pipe material into truck container, FCP). 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 and 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).
Regarding claim 16, PlugCo in view of FCP discloses the system of claim 15, further comprising an extension conduit connecting the pipe section of the flow-through plug system and the container (product image, FCP, the hose of the vacuum truck connects the pipe section of the flow-through plug system and the container of the truck).
Regarding claim 17, PlugCo in view of 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).
Regarding claim 19, PlugCo in view of FCP 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 (video at 1:32, lower portion of the pipe of the left extends from its upper portion at 90 degrees, PlugCo).
Regarding claim 20, PlugCo in view of FCP 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 (video at 1:32, lower portion of the pipe of the left extends from its upper portion at 90 degrees, PlugCo).
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over PlugCo in view of 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 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 21,23,24,25, 26,29 are rejected under 35 U.S.C. 103 as being unpatentable over PlugCo in view of FCP 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 flow-through 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);
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);
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 (not disclosed);
and an evacuation system including a collection container, wherein the evacuation system is fluidly connected to the pipe section (not disclosed)
PlugCo does not disclose a collection container, wherein the evacuation system is fluidly connected to the pipe section. However, FCP teaches 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 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 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).
PlugCo in view of FCP does not disclose a pipe system with a cleanout or lateral pipe, nor the plug being installed in the lateral pipe through the cleanout. 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, FCP, 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 FCP and use the bypass plug system of PlugCo 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 FCP 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. (video at 1:32, lower portion of the pipe of the left extends from its upper portion at 90 degrees, PlugCo).
Regarding claim 24, PlugCo in view of FCP 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. (video at 1:32, lower portion of the pipe of the left extends from its upper portion at 90 degrees, PlugCo).
Regarding claim 25, PlugCo in view of FCP and ApolloHome discloses the flow-through plug system of claim 21, further comprising an extension conduit operatively connected to the upper portion of the pipe section. (product image, FCP, the vacuum hose of FCP (extension conduit) is operatively connected to the upper portion of the pipe section of the plug of PlugCo).
Regarding claim 26, PlugCo in view of FCP and ApolloHome 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 29, PlugCo in view of FCP 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 FCP and 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 ApolloHome 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 ApolloHome 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, FCP, 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 FCP 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.
Claim 28 is rejected under 35 U.S.C. 103 as being unpatentable over PlugCo in view of FCP and ApolloHome in further view of Kosuge (US 20070103324 A1), hereafter known as Kosuge.
Regarding claim 28, PlugCo in view of FCP and ApolloHomes discloses the flow-through plug system of claim 2i, 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 FCP 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.
Kanematsu Engineering’s webpage “Operation Manual for Sewer Cleaning” discloses pump trucks for sewer material evacuation.
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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/H.L./Examiner, Art Unit 3753
/KENNETH RINEHART/Supervisory Patent Examiner, Art Unit 3753
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