DETAILED ACTION
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 invention I, claims 1-14 and 18-29 in the reply filed on 17 July 2026 is acknowledged.
Claims 15-17 and 30-33 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.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 17 July 2026.
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 13 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 13 recites an NSF standard (potable water approved) but no additional limitations. The standard is subject to change so the scope of the claim can not be determined with a reasonable degree of certainty, making the claim indefinite. Removal of the claimed standard is required.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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) 1-4, 12-14, 18, 21, 25-26 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by United States Patent No. 8882154 to Howell (Howell).
With regard to claim 1, Howell discloses a pressurizing gasket (Howell, title, abstract) comprising:
a fluid valve (29, figs. 2-4, column 3, lines 33-34); and
a bladder (17/19, figs. 2-4, column 3, lines 19-21 ) comprising a channel (25, fig. 2) in fluid communication with the fluid valve (column 5, lines 22-23) and configured to receive a fluid (column 5, lines 7-10).
With regard to claim 2, Howell discloses the pressurizing gasket of claim 1 as set forth above, and further discloses wherein: the fluid valve is configured to communicate fluid to the channel to pressurize the bladder (column 5, lines 22-23); and the fluid valve is a two-way valve configured to release a fluid from the bladder (column 5, lines 34-36).
With regard to claim 3, Howell discloses the pressurizing gasket of claim 1 as set forth above, and further discloses wherein the channel is a closed loop and an inlet to the channel is an outlet of the channel (column 5, lines 22-23 and 34-36), and wherein the fluid valve comprises a pressure relief valve (31, fig. 2, column 3, lines 35-37) and is disposed in the inlet and in the outlet of the channel (shown in fig. 2).
With regard to claim 4, Howell discloses the pressurizing gasket of claim 1 as set forth above, and further discloses wherein the fluid valve is a check valve located at an inlet of the channel (shown in fig. 2, the valve can be opened and closed to apply a source of fluid pressure), and the bladder further comprises a pressure relief valve located at an outlet of the channel (31, fig. 2, column 3, lines 35-37).
With regard to claim 12, Howell discloses the pressurizing gasket of claim 1 as set forth above, and further discloses comprising the fluid received in the bladder, wherein the fluid is an incompressible fluid (column 5, lines 7-10).
With regard to claim 13, Howell discloses the pressurizing gasket of claim 12 as set forth above, and further discloses wherein the incompressible fluid received in the bladder is NSF-approved for a pipe carrying potable water (it is noted that this limitations is considered to be a statement of the field of intended use as the source of pressurized fluid is not claimed as part of the apparatus claim).
With regard to claim 14, Howell discloses the pressurizing gasket of claim 13 as set forth above, and further discloses wherein the fluid is a mineral oil (the claimed apparatus requires a bladder that is capable of receiving a fluid. The bladder of Howell is capable of performing the function of receiving a fluid that is a mineral oil).
With regard to claim 18, Howell discloses a repair clamp (Howell discloses a seal for use with coupling pipes. Without the seal of Howell the pipes leak fluid and thus with the seal Howell functions as a type of repair for a coupling that is leaking fluid) comprising:
a fluid valve (29, figs. 2-4, column 3, lines 33-34);
a gasket (15, fig. 2) comprising a bladder (19, fig. 2, column 3, lines 19-21) defining a channel in fluid communication with the fluid valve (column 5, lines 22-23); and
a sleeve (17, fig. 2) extending around the gasket comprising a valve bore configured to receive the fluid valve (25, fig. 2).
With regard to claim 21, Howell discloses the repair clamp of claim 18 as set forth above, and further discloses wherein the fluid valve is a two-way valve capable of pressurizing the bladder and depressurizing the bladder (shown in fig. 2, the valve can be opened and closed to apply a source of fluid pressure).
With regard to claim 25, Howell discloses a method comprising:
attaching a repair clamp to a pipe (attaching the device to a pipe coupling), the repair clamp comprising a gasket comprising a bladder defining a channel in fluid communication with a valve (as set forth in the rejection of claim 18), and a sleeve extending around the gasket, the sleeve comprising a valve bore configured to receive the valve (as set forth in the rejection of claim 18); and inflating the gasket of the repair clamp (column 5, lines 22-23).
With regard to claim 26, Howell discloses the method of claim 25 as set forth above, and further discloses wherein the method further comprises deflating the gasket to remove an incompressible fluid prior to inflating the gasket with a fluid (column 5, lines 34-36).
Allowable Subject Matter
Claims 5-11, 19-20, 22-24 and 27-29 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. The following USPNs disclose similar sleeve sealing devices for a pipe: 141,536; 1073505; 12560262; 1343463; 3496963; 3574313; 4049480; 6336983; 8714202, 9599260; 2006/0118191; and 2015/0204475.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID R DEAL whose telephone number is (469)295-9216. The examiner can normally be reached M-F generally 8-4 pm CST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisors can be reached at: Craig M Schneider (571) 272-3607 and Ken Rinehart (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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/DAVID R DEAL/Primary Examiner
Art Unit 3753
Prosecution Insights