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 § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1,2,19,20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ohtsuga (US 4346922 A), hereafter known as Ohtsuga.
Regarding claim 1, Ohtsuga discloses a pipe repair stent (col 1, lines 40-45, Ohtsuga) comprising:
a gasket defining a first gasket end, a second gasket end opposite the first gasket end (fig 2b, gasket 9 has first end on the left and second end on the right, opposite the first, Ohtsuga),
an outer gasket surface, and an inner gasket surface opposite the outer gasket surface (fig 2b, gasket 8 has outer surface where part 10 attaches to, and inner surface opposite the outer surface where part 11 attaches to, Ohtsuga),
the inner gasket surface defining a main passage (fig 2b, inner gasket surface defines a main channel for contents to flow through, Ohtsuga),
a stent axis extending centrally through the main passage (fig 2a and 2b, stent axis represented by dot-dashed line on the bottom of fig 2a extends centrally through main passage, Ohtsuga),
the outer gasket surface at least partially defining an outer stent surface of the pipe repair stent (fig 2b, outer gasket surface defines an outer stent surface, which extends between the two ridges 19 from the left to the right, Ohtsuga);
and a first pipe engagement strip coupled to and extending circumferentially along the outer stent surface proximate to the first gasket end (fig 2b, strip 10 on the left extends circumferentially along the outer stent surface proximate to first gasket end on the left, Ohtsuga);
and a second pipe engagement strip coupled to and extending circumferentially along the outer stent surface proximate to the second gasket end (fig 2b, strip 10 on the right extends circumferentially along the outer stent surface proximate to second gasket end on the right, Ohtsuga);
wherein each of the first and second pipe engagement strips extend radially outward beyond the outer stent surface and are configured to engage an inner wall of a pipe to improve a grip of the pipe repair stent on the inner wall (fig 2b, pipe engagements strips 10 extend past the surface between ridges 19 and engages with the inner wall of pipe 2 in fig 2 to grip the wall, Ohtsuga).
Regarding claim 2, Ohtsuga discloses the pipe repair stent of claim 1, wherein:
the gasket defines a first gasket side and a second gasket side opposite the first gasket side (fig 8a, first gasket side of 9 is the portion that becomes folded portion 21, second gasket side is the opposite of portion 21, Ohtsuga);
and the first pipe engagement strip is axially aligned with the second pipe engagement strip at the first gasket side (fig 2b, since strips 10 extend around the gasket, they are aligned about the central axis at the first gasket side, Ohtsuga).
Regarding claim 19, Ohtsuga discloses a method of repairing a pipeline comprising:
providing a pipe repair stent (col 1, lines 40-45, pipe repair stent, Ohtsuga),
the pipe repair stent comprising a gasket, a first friction element, and a second friction element (fig 2b, first friction element 10 on the left, second friction element on the right, Ohtsuga)
the gasket defining a first gasket end, a second gasket end (fig 2b, gasket 9 has first end on the left and second end on the right, opposite the first, Ohtsuga), an outer gasket surface, and an inner gasket surface (fig 2b, gasket 8 has outer surface where part 10 attaches to, and inner surface opposite the outer surface where part 11 attaches to, Ohtsuga), the outer gasket surface at least partially defining an outer stent surface of the pipe repair stent fig 2b, outer gasket surface defines an outer stent surface, which extends between the two ridges 19 from the left to the right, Ohtsuga),
the first friction element coupled to the outer stent surface proximate to the first gasket end (fig 2b, strip 10 on the left is coupled to the outer stent surface proximate to first gasket end on the left, Ohtsuga); and the second friction element coupled to the outer stent surface proximate to the second gasket end (fig 2b, strip 10 on the right is coupled to the outer stent surface proximate to second gasket end on the right, Ohtsuga)
transporting the pipe repair stent through the pipeline in a collapsed configuration to a location of damage (col 4, lines 22-29, the pipe repair stent is collapsed and moved to leak location, Ohtsuga);
expanding the pipe repair stent to an expanded configuration to seal the outer gasket surface with an inner wall of the pipeline (col 4 lines 34-37, stent is expanded to seal against inner wall of the pipe, Ohtsuga);
and pressing the first friction element and the second friction element between the outer stent surface and the inner wall of the pipeline to increase friction between the pipe repair stent and the inner wall (col 4 line 65- col 5 line 11, friction elements 10 are pressed between outer stent surface and inner pipe wall, which naturally increases friction, Ohtsuga).
Regarding claim 20. Ohtsuga discloses the method of claim 19, wherein:
the first friction element is a first pipe engagement strip coupled to and extending circumferentially along the outer stent surface proximate to the first gasket end (fig 2b, strip 10 on the left extends circumferentially along the outer stent surface proximate to first gasket end on the left, Ohtsuga);
the second friction element is a second pipe engagement strip coupled to and extending circumferentially along the outer stent surface proximate to the second gasket end (fig 2b, strip 10 on the right extends circumferentially along the outer stent surface proximate to second gasket end on the right, Ohtsuga);
each of the first and second pipe engagement strips comprises a flexible, uncured epoxy material (col 3, lines 20-40, the engagement strips 10 are impregnated with epoxy, col 4 line 65-col 5 line 20, the epoxy is uncured and flexible when gasket is collapsed, Ohtsuga);
and the method further comprises curing the epoxy material of the first and second pipe engagement strips after the pipe repair stent is expanded to the expanded configuration to harden the first and second pipe engagement strips (col 4 line 65-col 5 line 20, the epoxy is uncured and flexible when gasket is collapsed and hardens after gasket is expanded, Ohtsuga).
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 3 -5 are rejected under 35 U.S.C. 103 as being unpatentable over Ohtsuga in view of Xenis (US 2977994 A), hereafter known as Xenis.
Regarding claim 3, Ohtsuga discloses the pipe repair stent of claim 2, wherein:
the pipe repair stent is configurable in an expanded configuration and a collapsible configuration (fig 8a and 8b show the collapsed and expanded configurations, Ohtsuga);
the pipe repair stent defines a substantially cylindrical sleeve in the expanded configuration (fig 8b, expanded state is cylindrical, Ohtsuga);
and in the collapsed configuration, each of the first and second pipe engagements strip is disposed within an interior fold of the pipe repair stent (not disclosed)
Ohtsuga does not disclose the pipe engagement strips in the interior of the fold. However, Xenis teaches a pipe engagement strip that folds into the interior of the fold when the gasket is collapsed (figs 4 and 5, Xenis, pipe engagement strip 20 seen in fig 5a is folded into the interior of the fold). Xenis describes a pipe repair and sealing gasket, a field closely related to Ohtsuga and the claimed invention. Therefore it would have been obvious to one of ordinary skill in the art before time of file to have incorporated the teachings of Xenis into Ohtsuga and made engagement strip 10 of Ohtsuga fold into the interior of the fold as shown in Xenis. The fold would protect more of the circumference of the engagement strip, which comprises uncured epoxy, from contacting unwanted substances during installation.
Regarding claim 4, Ohtsuga in view of Xenis discloses the pipe repair stent of claim 3, wherein, the first gasket side is pushed radially inward towards the second gasket side in the collapsed configuration to fold the pipe repair stent into a C-shape (both Ohtsuga and Xenis disclose folding the gasket into a C shape, in fig 8a of Ohtsuga and fig 5 of Xenis respectively. The same is true in the case of Ohtsuga in view of Xenis).
Regarding claim 5, Ohtsuga, in view of Xenis discloses the pipe repair stent of claim 3, wherein:
each of the first and second pipe engagement strips comprises an epoxy material (col 3, lines 20-40, the engagement strips 10 are impregnated with epoxy, Ohtsuga);
the epoxy material is uncured and flexible in the collapsed configuration; and the epoxy material cures and hardens in the expanded configuration (col 4 line 65-col 5 line 20, the epoxy is uncured and flexible when gasket is collapsed and hardens after gasket is expanded, Ohtsuga).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Ohtsuga in view of Charest (US 20130248042 A1), hereafter known as Charest.
Regarding claim 6, Ohtsuga discloses the pipe repair stent of claim 1, but does not disclose wherein: the outer gasket surface defining a first circumferential groove oriented proximate to the first gasket end and a second circumferential groove oriented proximate to the second gasket end; and the pipe repair stent further comprises a structural chassis comprising a first reinforcement ring disposed in the first circumferential groove and a second reinforcement ring disposed in the second circumferential groove.
However, Charest teaches a circumferential groove and reinforcement ring on the outer gasket surface opposite to the expanding members (fig 9, Charest, reinforcement ring 30, called the support member, is in a groove on the outer gasket surface on the opposite side of the expanding members 50a, 50b, 50c, 50d, 60a, 60b). Charest describes a pipe repair and sealing gasket, a field closely related to Ohtsuga and the claimed invention. Therefore it would have been obvious to one of ordinary skill in the art before time of file to have incorporated the teachings of Charest into Ohtsuga and added support member 30 of Charest inside a groove opposite to expanding members 11 of Ohtsuga. Support member 30 of Charest adds structural integrity to the repaired conduit (para 0033, Charest) and can apply pressure directly to the sealing member (para 0036, Charest) which in the case of Ohtsuga in view of Charest is member 10 of Ohtsuga, resulting in a stronger bond. After the modification, a support member 30 and its associated groove would be on the outer gasket surface opposite each instance of expanding member 11, to form one reinforcement ring and groove proximate to each gasket end.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Ohtsuga in view of Charest in further view of Furcoiu (US 20210041052 A1), hereafter known as Furcoiu.
Regarding claim 7, Ohtsuga in view of Charest discloses the pipe repair stent of claim 6 but does not disclose wherein the outer gasket surface defines a textured portion comprising a plurality of raised ridges and recessed dimples, the textured portion of the outer gasket surface disposed axially between the first circumferential groove and the second circumferential groove.
However, Furcoiu teaches a textured portion of an outer gasket surface axially in the middle of the gasket (figs 15 and 16, the middle of the gasket is textured, with a plurality of raised edges and recessed dimples, Furcoiu). Furcoiu describes a pipe repair and sealing gasket, a field closely related to Ohtsuga, Charest, and the claimed invention. Therefore it would have been obvious to one of ordinary skill in the art before time of file to have incorporated the teachings of Furcoiu into Ohtsuga in view of Charest and textured the outer surface of the middle portion “b” of fig 2b of Ohtsuga with the ridges and dimples of Furcoiu. The texturing would allow the gasket to better grip the inside of the pipe (para 0065, Furcoiu).
tab of the second groove cover is snapped into the first snap notch of the second circumferential groove.
Allowable Subject Matter
Claims 8 and 9 objected to as being dependent upon a rejected base claim but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Kiest (US 20090194184 A1) discloses a textured pipe repair gasket.
Schmager (US 5725328 A) teaches a textured and folded pipe repair gasket.
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/H.L./ Examiner, Art Unit 3753
/KENNETH RINEHART/Supervisory Patent Examiner, Art Unit 3753
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