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 .
Election/Restrictions
Applicant’s election without traverse of claims 1 - 7 and 26 in the reply filed on October 21, 2025 is acknowledged.
Claims 8-25 and 27-30 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on October 21, 2025.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 26 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 26 recites the limitation "the second set of inlay yarns" in the third line of the claim language. There is insufficient antecedent basis for this limitation in the claim.
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.
Claim(s) 1 - 3, 6, 7 and 26 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Stark (US 2014/0299251).
With regards to claims 1 and 3, Stark teaches a method of preparing a multilayered fabric for use in lining pipes (Abstract), the method comprising the steps:
Providing a flattened carrier tube with first fold lines defined by flattened edges of the tube (Figure 1 items 1, 4 and 5)
Placing a first fabric layer above the carrier tube, with intermediate adhesive, and a second fabric below the carrier tube, with intermediate adhesive, each of the first and second fabric layers having a width that is approximately equal to or greater than a width of the flattened carrier tube, the placing being such that each edge of the flattened carrier tube is aligned with at least one edge of at least one of the fabric layers (Figure 1 items 10 and 11, Figure 18 items 30 and 31, paragraphs 47 and 89)
Laminating the carrier tube and fabric layer assembly (paragraphs 84 and 88)
Opening and re-flattening the coated carrier tube such that the carrier tube has second fold lines defined by its flattened edges, where the second fold lines are not coincident with the first fold lines (paragraph 28)
Placing a third fabric layer above the laminated carrier tube assembly, with intermediate adhesive, and a fourth fabric layer below the laminated carrier tube assembly, with intermediate adhesive, each of the third and fourth fabric layers having a width that is approximately equal to or greater than a width of the flattened laminated carrier tube assembly, the placing being such that each edge of the flattened laminated carrier tube assembly is aligned with at least one edge of at least one of the fabric layers (Figure 4 items 12 and 13, paragraph 89).
Laminating the laminated carrier tube assembly and third and fourth fabric layers (paragraphs 84, 87 and 88).
With regards to claim 2, the teachings of Stark are presented above. Additionally, Stark teaches that the width of the first and second fabric layers is greater than the width of the flattened carrier tube and each aligned at one edge with a respective edge of the flattened carrier tube; and the width of the third and fourth fabric layers is greater than the width of the flattened laminated carrier tube assembly and each aligned at one edge with a respective edge of the flattened carrier tube assembly; thereby creating in the prepared fabric, narrow longitudinally extending regions of an additional layer’s thickness where each fabric layer overlaps the fabric layer that is subject to the same placing step (paragraphs 31 and 32).
With regards to claim 6, the teachings of Stark are presented above. Additionally, Stark teaches that the intermediate adhesive is applied to each fabric layer prior to its placing above or below the carrier tube or carrier tube assembly (paragraph 47).
With regards to claim 7, the teachings of Stark are presented above. Additionally, Stark teaches that the intermediate adhesive is in the form of an adhesive web (paragraph 47).
With regards to claim 26, the teachings of Stark are presented above. Additionally, teaches that the step of placing the fabric layer above the carrier tube or carrier tube assembly includes the step of aligning a set of inlay yarns with a longitudinal axis of the carrier tube (paragraphs 21 and 22).
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.
Claim(s) 4 and 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Stark (US 2014/0299251) in view of Brandenburger et al (CA 2168756).
With regards to claims 4 and 5, the teachings of Stark are presented above. Stark fails to explicitly disclose that the method comprises placing a fifth and sixth fabric layer.
Brandenburger discloses a method of producing a tubular lining hose (Abstract), in the same field of endeavor as Stark, where Brandenburger discloses placing a fifth and sixth fabric layer (Figure 12 items 103 and 114).
It would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to have repeated the placement steps in order to add a fifth and sixth fabric layer, as suggested by Brandenburger, in Stark’s method. The rationale being that, as stated by Brandenburger, it allows to control the thickness of the lining hose (page 10 lines 1 – 11).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSHEL RIVERA whose telephone number is (571)270-7655. The examiner can normally be reached M-F 12pm - 8pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Orlando can be reached at (571) 270-5038. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOSHEL RIVERA/Examiner, Art Unit 1746
/MICHAEL N ORLANDO/Supervisory Patent Examiner, Art Unit 1746