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 .
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.
Claims 5,6 are 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.
Claims 5,6 are indeterminate in scope because it is unclear what is meant by “casement type holder”; the specification fails to provide any guidance for such terminology.
Claim Rejections - 35 USC § 103
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 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.
Claim(s) 1-14,16-18,20 is/are rejected under 35 U.S.C. 103 as being unpatentable over French document (FR 2514854) in view of German document (DE 10307753) and Dolza (US 3969905).
French document ‘854 discloses a conduit transporting and laying apparatus (see Figs. 8,9,11-15) for transporting and laying at a delivery location a conduit for underground installation, comprising: a mobile unit having a longitudinal central axis and a front end and a rear end for receiving and unloading the conduit onto and off of the mobile unit, wherein said front end and said rear end can be used interchangeably;
at least one support (7,7a,44) configured to align a weight of the conduit with
said longitudinal central axis upon receiving, holding, transporting and unloading the conduit at said delivery location; at least one conduit holder (18, Figs. 6,7) with a low-friction surface extending from or associated with said at least one support for facilitating said receiving, holding, transporting and unloading of said conduit at said delivery location; caterpillar track or tank treads (2,41) to carry and move said apparatus; an engine or motor (see “self-propelled” throughout machine translation text) configured to drive said caterpillar track or tank treads; and
a controller for controlling movement of said apparatus (see page 4 of machine translation). French document ‘854 discloses the invention substantially as claimed. However, French document ‘854 is silent about the conduit being a cable. Further, French document ‘854 is silent about the controller being a programmable controller for controlling movement of said apparatus remotely. German document ‘753 teaches its known use a “pipeline” laying apparatus to lay a cable (see text).
Dolza teaches a controller for remotely controlling movement of a pipe laying apparatus (see col. 5).
It would have been considered obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify French document ‘854 wherein the conduit is a cable as taught by German document ‘753 since the apparatus can be used to install various different types of conduits.
It would have been considered obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify French document ‘854 to include a controller for remotely controlling movement of a conduit laying apparatus as taught by Dolza since such a modification would avoid injury to workers. Further, it would have been considered obvious to have the controller programmable since programmable Logic Controllers (PLCs) are widely used in industrial automation systems to control machines and processes. They offer a number of advantages over traditional relay-based control systems, including increased flexibility, reliability, and ease of maintenance.
Re claim 2, Dolza teaches the footprint of the apparatus is slightly greater than the diameter of the conduit the apparatus carries (see Fig. 1a, 8); however, Dolza does not explicitly teach wherein the footprint of said apparatus is no more than six
inches greater than the diameter of the conduit the apparatus carries.
Given the relative sizing ratio as taught by Dolza, it would have been considered obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify French document ‘854 to wherein the footprint of said apparatus is no more than six inches greater than the diameter of the conduit the apparatus carries since such a modification optimizes the size of conduit to be installed in the particular trench.
Re claim 3, since the ramp is optional it is therefore not required.
Re claim 4, wherein at least a length of at least one support is adjustable (16,46 of French document ‘854) such that a height position of the at least one support or the at least one conduit holder relative to the mobile unit is adjustable.
Insofar claims 5,6 are understood, French document ‘854 discloses a casement-type holder for said conduit (see Fig. 7).
Re claim 6, said casement type holder surrounds the external diameter of said conduit with rollers (19, Fig. 7, French document ‘854) for at least a portion of the length of said conduit.
Re claim 7, French document ‘854 teaches a cage type holder (see Fig. 7) for said conduit.
Re claim 8, French document ‘854 teaches said cage type holder has cylindrical rollers on at least the internal sides and bottom of said cage (see Fig. 7).
Re claim 9, French document ‘854 teaches a C-shaped holder for said conduit (18).
Re claim 10, French document ‘854 teaches a horseshoe shaped holder for said conduit (18).
Re claim 11, having conduit holder as an “O”-shaped holder or a “D”-shaped holder is notoriously old and conventional. It would have been considered obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify French document ‘854 (as modified above) to have said conduit holder as an “O”-shaped holder or a “D”-shaped holder since such a modification would better retain the cable.
Re claim 12, wherein said low-friction surface of said conduit holder comprises rollers positioned to be adjacent at least a portion of said conduit to be held in said holder (see Fig. 7 of French document ‘854.
Re claim 13, rubberized caterpillar tracks are old and well known, it would have been considered obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify French document ‘854 (as modified above) to wherein said caterpillar track or tank treads comprise natural or synthetic rubber on their surface since such a modification would be based on the surface the apparatus is being used (e.g. avoid damage to the trench surface).
Re claim 14, wherein said mobile platform is extensible (see Fig. 10 of French document ‘854).
Re claim 16, substituting either wheels or skids for said caterpillar tracks or tank treads is notoriously old and conventional, it would have been considered obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify French document ‘854 (as modified above) to substitute either wheels or skids for said caterpillar tracks or tank treads since such a modification would be based on the ground the machine is traversing.
With regards to claim 17, the recited method steps called for in claim 17 are considered obvious in view of the combination of references called for in claim 1. The above combination yields a method of transporting a conduit and laying a conduit for underground installation at a delivery location using more than one apparatus
of claim 1 acting in cooperation one with the other (see Figs. 8,9,11-15 of French document ‘854) the method comprising: positioning said more than one apparatus in a line relative to each other in tandem, end to end formation, such that the longitudinal central axis of each is collinear one apparatus with respect to the other apparatus(es), and in sufficient proximity one to the other such that said conduit can extend from said one apparatus to at least said one other of said apparatus(es) such that said cable or cable conduit docs not sag between the apparatuses and such that said conduit is supported by at least one conduit holder on at least one support on the unit of each said one apparatus and at least said one other of said apparatus(es), while allowing said apparatuses sufficient distance between one another that they can each move without hitting the other (see Figs. 11-15 of French document ‘854), and then placing said conduit on said apparatuses accordingly; moving said apparatuses toward said delivery location; unloading said conduit at said delivery location by unloading the
portion of said cable or cable conduit on one apparatus while that said one apparatus
receives the adjacent portion of said conduit offloaded from said adjacent
apparatus, and repeating said transfer of any other portions of said conduit
on any other of said apparatuses until the conduit is completely delivered at
said delivery location.
Re claim 18, wherein said delivery location is in the floor of a trench or
ditch (see Figs. 11-15 of French document ‘854).
With regards to claim 20, the recited method steps called for in claim 20 are considered obvious in view of the combination of references called for in claim 1. The above combination yields a method of transporting a conduit and laying a conduit for underground installation at a delivery location using a plurality of apparatuses
of claim 1 (see Figs. 8,9,11-15 of French document ‘854), the method comprising:
(a) positioning at least a first apparatus, a second apparatus and a third apparatus
from said plurality of apparatuses in a line relative to each other in tandem such that the
longitudinal central axis of each is collinear one apparatus with respect to the other
apparatus;
(b) the first of said apparatuses in said line receiving a first conduit or conduit segment or section, onto at least one conduit holder on at least one support on the mobile platform of said first of said apparatuses, while aligning and maintaining alignment of a weight of the conduit or conduit segment or section, with said longitudinal central axis of said first of said apparatuses;
(c) said first of said apparatuses transferring said first conduit, or conduit segment or section, to the second of said apparatuses in said line adjacent to said first apparatus, said second of said apparatuses receiving said first conduit, or conduit segment or section, onto at least one conduit holder on at least one support on the mobile platform of said second of said apparatuses, while aligning and maintaining alignment of a weight of conduit, or conduit segment or section, with said longitudinal central axis of
said second of said apparatuses, while said first of said apparatuses receives a second conduit, or a second conduit segment or section, onto at least one conduit holder on at least one support on the mobile platform of said first of said apparatuses, while aligning and maintaining alignment of a weight of the conduit, or conduit segment or section, with said longitudinal central axis of said first of said apparatuses;
(d) said second of said apparatuses transferring said first conduit, or
said first conduit segment or section, to the third of said apparatuses in said
line adjacent to said second apparatus, said third of said apparatuses receiving said first
conduit, or said first conduit segment or section, onto at least one conduit holder on at least one support on the mobile platform of said third of said apparatuses, while aligning and maintaining alignment of a weight of the conduit, or conduit segment or section, with said longitudinal central axis of said third of said apparatuses, while said second of said apparatuses receives a second conduit, or conduit segment or section, onto at least one conduit holder on at least one support on the mobile platform of said
second of said apparatuses, while aligning and maintaining alignment of a weight of the
conduit, or conduit segment or section, with said longitudinal central axis of said second of said apparatuses; while said first of said apparatuses receives a third conduit, or conduit segment or section, onto at least one conduit holder on at least one support on the mobile platform of said first of said apparatuses, while aligning and maintaining alignment of a weight of conduit, or conduit segment or section, with said longitudinal central axis of said first of said apparatuses, while aligning and maintaining alignment of a weight of the conduit, or conduit segment or section, with said longitudinal central axis of said first of said apparatuses;
(e) continuing the reciprocal receiving and transferring of additional conduit, or conduit segment or section, of steps (b) - (d) among or along the line of the plurality of apparatuses until each of said apparatuses is holding a conduit, or conduit segment or section;
(f) moving said line of the plurality of apparatuses toward the delivery location,
with each said apparatus maintaining alignment of a weight of the conduit, or conduit segment or section it is carrying with said longitudinal central axis of that apparatus;
(g) upon the plurality of apparatuses arriving at the delivery location, positioning
said apparatuses in line relative to each other in tandem such that the longitudinal central axis of each is collinear one apparatus with respect to the other apparatus;
(h) having the apparatus most proximal the delivery location unload the conduit, or conduit segment or section, on its mobile platform at the delivery location, while receiving from the next most proximal and adjacent apparatus the conduit, or conduit segment or section, on its mobile platform; (i) continuing said transfer of said conduit, or conduit segment or section, from each apparatus to an adjacent apparatus in the line of plurality of apparatuses with said most proximal apparatus unloading each upon receipt at the delivery location until said most proximal apparatus has unloaded at said delivery location all conduit, or conduit segments or sections, that were carried by the plurality of apparatuses.
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over French document ‘854 in view of German document (DE 10307753) and Dolza (US 3969905) as applied to claim 17 above, and further in view of German document (DE 202013012405).
French document ‘854 (as modified above) discloses the invention substantially as claimed except wherein said delivery location is at the mouth of a feed hole for introducing the conduit for placement underground using carrier pipe and a drilling rig. German document ‘405 teaches said delivery location is at the mouth of a feed hole for introducing the pipe, pipe segment, or pipe section for placement underground using carrier pipe and a drilling rig (see Fig. 3). It would have been considered obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify French document ‘854 (as modified above) to have said delivery location at the mouth of a feed hole for introducing the conduit for placement underground using carrier pipe and a drilling rig as taught by German document since such a modification would be based on the desired use of the conduit.
Allowable Subject Matter
Claim 15 is 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
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SUNIL SINGH whose telephone number is (571)272-7051. The examiner can normally be reached M-Th 8-3, F 9-8 and 2nd Sat 11-7.
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/SUNIL SINGH/Primary Examiner, Art Unit 3678
SS
1/10/2026