DETAILED ACTION
Non-Final Rejection
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 Amendment
The amendment filed 9 October 2025 has been entered. Claims 1-20 remain pending in the application.
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.
Claims 1-5, 9-15, and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Coscarella (U.S. Patent 10,018,287) in view of Coscarella (U.S. Patent Publication 2013/0234404) (hereinafter referred to as Coscarella ‘404).
Regarding claim 1, Coscarella discloses a sealing apparatus 10, comprising:
a flat sheet 20 comprising a front surface (left side of 20 in FIG. 2), a rear surface (right side of 20 in FIG. 2), and a center portion (at 22);
wherein the front surface and/or the rear surface of the flat sheet are covered with an absorbent fibrous polymer layer (Tyvek);
wherein the center portion of the front surface is configured to provide an opening upon insertion of a pipe or vessel (Col. 4 ln 39-43) therethrough, such that material surrounding the opening deforms and forms sidewalls that mold and adhere to an exterior surface of the pipe (Col. 4 ln 12-21) or vessel (FIG. 1, 2; Col. 4 ln 39-43), such that the front surface comes into sealing contact with the exterior surface of the pipe or vessel, and the rear surface adheres to the receiving surface (FIG. 1-3; Col. 4 ln 12-55).
Coscarella is silent regarding the front surface and/or the rear surface of the flat sheet are covered in a rough surface configured to adhere to a receiving surface and wherein an area of the opening on a first surface is equal to an area of the opening on a second surface opposite the first surface.
However, Coscarella ‘404 teaches a sealing apparatus 10 comprising a flat sheet 16, the front surface and/or the rear surface of the flat sheet are covered in a rough surface 22 configured to adhere to a receiving surface 14 (FIG. 4, 8; paragraph 22).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing, to modify Coscarella by adding a rough surface to the front and/or rear surface of the flat sheet, as taught by Coscarella ‘404, for the purpose of providing a surface more adept to sealing against the receiving surface while still allowing for air flow.
Furthermore, Coscarella teaches the scenario where a the utility 16 is a pipe (FIG. 1) and the flat sheet 20, through which the pipe is inserted, maintains a constant opening size throughout the entire length of the pipe with which the cover is contacting. As well as the relied upon scenario where the utility 16 is inserted into an opening of the housing and the flat sheet is almost entirely closed except for an opening to allow for the cord of the utility to pass through. It would be obvious to one of ordinary skill in the art to apply the constant opening size at the front and back of the utility as disclosed in FIG. 1 to the utility disclosed in FIG. 2, for the purpose of providing access to the rear of the utility in order to provide maintenance to the utility without needing to remove it from the housing.
Regarding claim 2, Coscarella, as modified above, discloses the claimed invention substantially as claimed, as set forth above for claim 1.
Coscarella further discloses the flat sheet is a soft material (Col. 4 ln 22-28).
Regarding claim 3, Coscarella, as modified above, discloses the claimed invention substantially as claimed, as set forth above for claim 2.
Coscarella further discloses the soft material is Tyvek (a polyethylene) (Col. 4 ln 25).
Coscarella is silent regarding the soft material is selected from the set of: silicone, latex, polyurethane, and rubber.
However, Coscarella ‘404 teaches the soft material of the flat sheet 16 is selected from the set of: silicone, latex, polyurethane, and rubber (Paragraph 25).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing, to modify Coscarella by making the soft material out of a different plastic than Tyvek or rubber, as taught by Coscarella ‘404, for the purpose of using a comparable material known to have desirable characteristics such as durability and water resistance.
Regarding claim 4, Coscarella, as modified above, discloses the claimed invention substantially as claimed, as set forth above for claim 1.
Coscarella further discloses the flat sheet is wrapped around the pipe (FIG. 2; Col. 4 ln 12-21).
Regarding claim 5, Coscarella, as modified above, discloses the claimed invention substantially as claimed, as set forth above for claim 1.
Coscarella is silent regarding the rough surface comprises a roughened area of a material of the flat sheet directly formed on the material of the flat sheet.
However, Coscarella ‘404 teaches the rough surface comprises a roughened area of a material of the flat sheet directly formed on the material of the flat sheet (FIG. 8,9; Paragraph 22).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing, to modify Coscarella by roughening the material of the flat sheet, as taught by Coscarella ‘404, for the purpose of providing a surface that will provide a more robust seal.
Regarding claim 9, Coscarella, as modified above, discloses the claimed invention substantially as claimed, as set forth above for claim 1.
Coscarella is silent regarding a sealant, wherein the sealant is applied to the front side and to the rear side.
However, Coscarella ‘404 teaches a sealant 44, wherein the sealant is applied to the front side and to the rear side (Paragraph 25).
Regarding claim 10, Coscarella, as modified above, discloses the claimed invention substantially as claimed, as set forth above for claim 1.
Coscarella further discloses the sheet is rectangular (FIG. 3).
Regarding claim 11, Coscarella discloses a method for sealing pipes, comprising:
applying a sealing apparatus 10 to a receiving surface 14, said sealing apparatus having a first surface (left side of 20 in FIG. 2) covered with an absorbent fibrous polymer layer (Tyvek) and a second surface right side of 20 in FIG. 2);
inserting the pipe or vessel through the center of the sheet, thereby causing the center of the sheet to provide an opening upon insertion of a pipe or vessel (Col. 4 ln 39-43) therethrough, such that material surrounding the opening deforms and forms sidewalls that mold and adhere to an exterior surface of the pipe or vessel (Col. 4 ln 12-21); and
adhering the first surface of the sealing apparatus to the pipe or vessel (FIG. 2; Col. 4 ln 12-21, 39-43) (FIG. 1-3; Col. 4 ln 12-55).
Coscarella is silent regarding the second surface having a rough surface; applying sealant to the sealing apparatus; and adhering the second surface of the sealing apparatus to the receiving surface via the sealant and wherein an area of the opening on a first surface is equal to an area of the opening on a second surface opposite the first surface.
However, Coscarella ‘404 teaches a method for sealing pipes, comprising:
applying a sealing apparatus 10 to a receiving surface 14;
the second surface having a rough surface 22;
applying sealant 44 to the sealing apparatus (Paragraph 25); and
adhering the second surface of the sealing apparatus to the receiving surface via the sealant (Paragraph 20) (Paragraph 20-25).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing, to modify Coscarella by roughening the material of the second surface of the flat sheet and applying sealant to the sealing apparatus to adhere the second surface to the receiving surface, as taught by Coscarella ‘404, for the purpose of providing a seal between the sealing apparatus and the receiving surface, the seal providing a more robust seal due to the surface roughness.
Furthermore, Coscarella teaches the scenario where a the utility 16 is a pipe (FIG. 1) and the flat sheet 20, through which the pipe is inserted, maintains a constant opening size throughout the entire length of the pipe with which the cover is contacting. As well as the relied upon scenario where the utility 16 is inserted into an opening of the housing and the flat sheet is almost entirely closed except for an opening to allow for the cord of the utility to pass through. It would be obvious to one of ordinary skill in the art to apply the constant opening size at the front and back of the utility as disclosed in FIG. 1 to the utility disclosed in FIG. 2, for the purpose of providing access to the rear of the utility in order to provide maintenance to the utility without needing to remove it from the housing.
Regarding claim 12, Coscarella, as modified above, discloses the claimed invention substantially as claimed, as set forth above for claim 11.
Coscarella further discloses the sealing apparatus comprises a flat sheet formed from a soft material (Tyvek) (Col. 4 ln 22-28).
Regarding claim 13, Coscarella, as modified above, discloses the claimed invention substantially as claimed, as set forth above for claim 12.
Coscarella further discloses the soft material is Tyvek (a polyethylene) (Col. 4 ln 25).
Coscarella is silent regarding the soft material is selected from the set of: silicone, latex, polyurethane, and rubber.
However, Coscarella ‘404 teaches the soft material of the flat sheet 16 is selected from the set of: silicone, latex, polyurethane, and rubber (Paragraph 25).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing, to modify Coscarella by making the soft material out of a different plastic than Tyvek or rubber, as taught by Coscarella ‘404, for the purpose of using a comparable material known to have desirable characteristics such as durability and water resistance.
Regarding claim 14, Coscarella, as modified above, discloses the claimed invention substantially as claimed, as set forth above for claim 11.
Coscarella further discloses the flat sheet is wrapped around the pipe (FIG. 2; Col. 4 ln 12-21).
Regarding claim 15, Coscarella, as modified above, discloses the claimed invention substantially as claimed, as set forth above for claim 11.
Coscarella is silent regarding the second surface comprises a roughened area of a material directly formed on the material of the flat sheet.
However, Coscarella ‘404 teaches the rough surface comprises a roughened area of a material directly formed on the material of the flat sheet (FIG. 8,9; Paragraph 22).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing, to modify Coscarella by roughening the material of the flat sheet, as taught by Coscarella ‘404, for the purpose of providing a surface that will provide a more robust seal.
Regarding claim 19, Coscarella, as modified above, discloses the claimed invention substantially as claimed, as set forth above for claim 11.
Coscarella further discloses the sealing apparatus is rectangular (FIG. 3).
Regarding claim 20, Coscarella discloses a pipe system, comprising:
a pipe 16 (Col. 4 ln 12-21) inserted into a center portion (at 22) of a sealing apparatus 10, wherein the sealing apparatus comprises:
a flat sheet 20 comprising a front surface (left side of 20 in FIG. 2), a rear surface (right side of 20 in FIG. 2), and the center portion (at 22), wherein at least one of the front side and the rear side of the flat sheet is covered with at least an absorbent fibrous polymer layer (Tyvek) and a surface configured to adhere to the receiving surface 14, the center portion of the front surface is configured to provide an opening upon insertion of a pipe (Col. 4 ln 39-43) therethrough, such that material surrounding the opening deforms and forms sidewalls that mold and adhere to an exterior surface of the pipe (Col. 4 ln 12-21, Col. 4 ln 39-43), such that the front surface comes into sealing contact with the exterior surface of the pipe extending through the center portion of the flat sheet (FIG. 2), and the rear surface adheres to the receiving surface (FIG. 1) (FIG. 1-3; Col. 4 ln 12-55).
Coscarella is silent regarding the front surface and/or the rear surface of the flat sheet are covered in a rough surface and wherein an area of the opening on a first surface is equal to an area of the opening on a second surface opposite the first surface.
However, Coscarella ‘404 teaches a sealing apparatus 10 comprising a flat sheet 16, the front surface and/or the rear surface of the flat sheet are covered in a rough surface 22 configured to adhere to a receiving surface 14 (FIG. 4, 8; paragraph 22).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing, to modify Coscarella by roughening the material of the flat sheet, as taught by Coscarella ‘404, for the purpose of providing a surface that will provide a more robust seal.
Furthermore, Coscarella teaches the scenario where a the utility 16 is a pipe (FIG. 1) and the flat sheet 20, through which the pipe is inserted, maintains a constant opening size throughout the entire length of the pipe with which the cover is contacting. As well as the relied upon scenario where the utility 16 is inserted into an opening of the housing and the flat sheet is almost entirely closed except for an opening to allow for the cord of the utility to pass through. It would be obvious to one of ordinary skill in the art to apply the constant opening size at the front and back of the utility as disclosed in FIG. 1 to the utility disclosed in FIG. 2, for the purpose of providing access to the rear of the utility in order to provide maintenance to the utility without needing to remove it from the housing.
Claims 6-7 and 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Coscarella in view of Coscarella ‘404 in further view of Waterman (U.S. Patent Publication 2013/0056937).
Regarding claim 6, Coscarella, as modified above, discloses the claimed invention substantially as claimed, as set forth above for claim 1.
Coscarella is silent regarding the rear side is covered in a coarse material adhered to a material of the flat sheet.
However, Watermann further teaches covering the surface of the flat sheet 5 in a coarse material 7/8/9 adhered to a material of the flat sheet (FIG. 2; Paragraph 37) "(Merriam-Webster defines coarse as "composed of relatively large parts or particles" or "loose or rough in texture", Figure 2 illustrates the particles of 7/8/9 are comparatively large and the surface is comparatively loose and rough compared to those of the contact element 5)".
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify Coscarella by covering the surface of the flat sheet in a coarse material, as taught by Watermann, for the purpose of providing a surface which will more reliably adhere to the wall given the increases surface area.
Regarding claim 7, Coscarella, as modified above, discloses the claimed invention substantially as claimed, as set forth above for claim 1.
Coscarella is silent regarding the front side is covered in a coarse material adhered to the contact element.
However, Watermann further teaches covering the surface of the flat sheet 5 in a coarse material 7/8/9 adhered to the absorbent fibrous polymer layer (FIG. 2; Paragraph 37) "(Merriam-Webster defines coarse as "composed of relatively large parts or particles" or "loose or rough in texture", Figure 2 illustrates the particles of 7/8/9 are comparatively large and the surface is comparatively loose and rough compared to those of the contact element 5)".
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify Coscarella by covering the surface of the flat sheet in a coarse material, as taught by Watermann, for the purpose of providing a surface which will more reliably adhere given the increases surface area.
Regarding claim 16, Coscarella, as modified above, discloses the claimed invention substantially as claimed, as set forth above for claim 11.
Coscarella is silent regarding the second surface is covered in a coarse material adhered to a material of the flat sheet.
However, Watermann further teaches covering the surface of the flat sheet 5 in a coarse material 7/8/9 adhered to a material of the flat sheet (FIG. 2; Paragraph 37) "(Merriam-Webster defines coarse as "composed of relatively large parts or particles" or "loose or rough in texture", Figure 2 illustrates the particles of 7/8/9 are comparatively large and the surface is comparatively loose and rough compared to those of the contact element 5)".
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify Coscarella by covering the second surface of the flat sheet in a coarse material, as taught by Watermann, for the purpose of providing a surface which will more reliably adhere to the wall given the increases surface area.
Regarding claim 17, Coscarella, as modified above, discloses the claimed invention substantially as claimed, as set forth above for claim 11.
Coscarella is silent regarding the first surface is covered in a coarse material adhered to the contact element.
However, Watermann further teaches covering the surface of the flat sheet 5 in a coarse material 7/8/9 adhered to the absorbent fibrous polymer layer (FIG. 2; Paragraph 37) "(Merriam-Webster defines coarse as "composed of relatively large parts or particles" or "loose or rough in texture", Figure 2 illustrates the particles of 7/8/9 are comparatively large and the surface is comparatively loose and rough compared to those of the contact element 5)".
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify Coscarella by covering the surface of the flat sheet in a coarse material, as taught by Watermann, for the purpose of providing a surface which will more reliably adhere given the increases surface area.
Claims 8 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Coscarella in view of Coscarella ‘404 in further view of Stainer (U.S. Patent Publication 2021/0113970).
Regarding claim 8, Coscarella, as modified above, discloses the claimed invention substantially as claimed, as set forth above for claim 1.
Coscarella is silent regarding the absorbent fibrous polymer layer is polyester fleece.
However, Stainer teaches adding a scrim layer 106, the scrim layer is polyester fleece (Paragraph 57-58).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify Coscarella by applying a layer of polyester fleece to the absorbent fibrous polymer layer, as taught by Stainer, for the purpose of providing a known material with high durability, moisture resistance, and heat resistance.
Regarding claim 18, Coscarella, as modified above, discloses the claimed invention substantially as claimed, as set forth above for claim 11.
Coscarella is silent regarding the absorbent fibrous polymer layer is polyester fleece.
However, Stainer teaches adding a scrim layer 106, the scrim layer is polyester fleece (Paragraph 57-58).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify Coscarella by applying a layer of polyester fleece to the absorbent fibrous polymer layer, as taught by Stainer, for the purpose of providing a known material with high durability, moisture resistance, and heat resistance.
Response to Arguments
Applicant’s arguments, see pages 8-9 of applicant’s arguments, filed 6 February 2026, with respect to the rejection(s) of claim(s) 1, 11, and 20 under 35 U.S.C. 103 as being unpatentable over Coscarella in view of Coscarella ‘404 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of an alternate combination based upon 35 U.S.C. 103 as being unpatentable over Coscarella in view of Coscarella ‘404.
The amended language to claims 1, 11, and 20 has required a new interpretation of the art. Namely, applying the teachings of a second embodiment of the primary reference to the embodiment relied upon for the rejection would be an obvious modification and would therefore teach the limitations of the claims.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 CHRISTOPHER D BALLMAN whose telephone number is (571)272-9984. The examiner can normally be reached Mon-Fri 6:00-3:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Craig M Schneider can be reached at 571-272-3607. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTOPHER D BALLMAN/Examiner, Art Unit 3753
/CRAIG M SCHNEIDER/Supervisory Patent Examiner, Art Unit 3753