CTNF 18/683,463 CTNF 99916 Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Claim Objections 07-29-01 AIA Claim s 7,8, 10 objected to because of the following informalities: In claims 7 and 8, “outer pip” on the third lines of the claims should be “outer pipe”. In claim 10, “the second inner pipe is without rotating” on the second and third lines of the claim should be “the second inner pipe does not rotate” Appropriate correction is required. Claim Rejections - 35 USC § 112 07-30-02 AIA 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. 07-34-01 Claim 10 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 10 is directed to both a product (the pipe according to claim 1) as well as a process of using the product (rotating the outer pipe using an edge of an excavating machine), which renders it unclear whether the invention is a composition/apparatus or a method. Claim Rejections - 35 USC § 103 07-20-aia AIA 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. 07-23-aia AIA 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. 07-21-aia AIA Claim s 1,2,3,4,5,7,8,10 are rejected under 35 U.S.C. 103 as being unpatentable over Field (US 20030102043 A1), hereafter known as Field, in view of Dualine’s product “Ribbed In Out”, hereafter known as Duraline . Regarding claim 1, Field discloses a buried pipe (abstract, Field, fiber optic ducts are usually buried, and the duct of Field can be buried) , comprising: a first inner pipe comprises a cable in an interior of the first inner pipe (not disclosed, although Field discloses cable 5 in the center, para 0030) ; a second inner pipe comprises the first inner pipe (fig 5, Field, second inner pipe 20 comprises cable 5, para 0030, but does not comprise the first inner pipe.) ; and an outer pipe comprises the second inner pipe (para 0003, outer duct 10 comprises the inner ducts, when using the inner duct of Field, outer duct 10 comprises inner duct 20 of Field), wherein the second inner pipe is rotatable about a central axis of the first inner pipe with respect to the first inner pipe and the outer pipe. (Para 0035 Field, cable 5 is not rotationally fixed to inner duct 20. Para 0033 Field, inner duct 20 is to be pulled into a larger duct have a transmission cable pulled into inner duct. Fig 5, para 0034, both inner and outer surfaces of duct 20 have peaks P to reduce contact surface area and valleys V to store lubricant, thus inner duct 20 is not rotationally fixed to outer duct 10 and so would reasonably be understood to permit rotation). Field does not disclose a first inner pipe interior to second inner pipe that comprises a cable within. However, Duraline teaches an inner pipe for having cable within (product image, first description paragraph, and third bullet point, Duraline; the pipe of Duraline has internal ribs for reducing forces when cable is inserted inside, and has outside ribs for reducing friction when the duct itself is inserted into a larger conduit.) Duraline is a product page for a buried cable-containing pipe, a field closely related to Field 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 Duraline into Field and inserted cable 5 of Field into the pipe of Duraline prior to assembling it into the duct of Field. Adding ducting to cables is well known in the art, and the pipe of Duraline has ribs that reduce friction and spiraling (second bullet point, Duraline), features that benefit cable 5 of Field. Regarding claim 2, Field in view of Duraline discloses the buried pipe according to claim 1, further comprising a first rotating layer between the first inner pipe and the second inner pipe (fig 5, Field, the peaks P and valleys V of ribs 26 of inner surface 22a as well as the lubricant form the first rotating layer) , the first rotating layer enabling the second inner pipe to rotate with respect to the first inner pipe (Para 0035, fig 3, Field, cable 5 is not rotationally fixed to inner duct 20 due to space 20a; when modified with Duraline, the pipe of Duraline is not rotationally fixed to inner duct 20.) Regarding claim 3, Field in view of Duraline discloses the buried pipe according to claim 2, wherein the first rotating layer comprises a coating material (fig 5, para 0034, Field, first rotating layer has a coating of lubricant) . Regarding claim 4, Field in view of Duraline discloses the buried pipe according to claim 1, further comprising a second rotating layer between the second inner pipe and the outer pipe, the second inner pipe rotating with respect to the outer pipe according to the second rotating layer (fig 5, Field, the peaks P and valleys V of ribs 26 of outer surface 22b as well as the lubricant form the second rotating layer, which allows duct 20 to rotate with respect to outer pipe 10.) Regarding claim 5, Field in view of Duraline discloses the buried pipe according to claim 4, wherein the second rotating layer comprises a coating material (fig 5, para 0034, Field, second rotating layer has a coating of lubricant) . Regarding claim 7, Field in view of Duraline discloses the buried pipe according to claim 2, further comprising a second rotating layer between the second inner pipe and the outer pipe, the second inner pipe rotating with respect to the outer pipe according to the second rotating layer (fig 5, Field, the peaks P and valleys V of ribs 26 of outer surface 22b as well as the lubricant form the second rotating layer, which allows duct 20 to rotate with respect to outer pipe 10.) Regarding claim 8, Field in view of Duraline discloses the buried pipe according to claim 3, further comprising a second rotating layer between the second inner pipe and the outer pipe, the second inner pipe rotating with respect to the outer pipe according to the second rotating layer ( fig 5, Field, the peaks P and valleys V of ribs 26 of outer surface 22b as well as the lubricant form the second rotating layer, which allows duct 20 to rotate with respect to outer pipe 10.) Regarding claim 10, Field in view of Duraline discloses the buried pipe according to claim 1, wherein the outer pipe rotates in response to an edge of an excavating machine to divert the edge, and the second inner pipe is without rotating (considering inner pipe 20 is not rotationally fixed to outer pipe 10, it would be reasonable for the outer pipe to rotate without the inner pipe rotating when moved with an edge of an excavation machine) . 07-21-aia AIA Claim s 6,9 are rejected under 35 U.S.C. 103 as being unpatentable over Field in view of Duraline, in further view of Alcantara (US 6926257 B1), hereafter known as Alcantara . Regarding claim 6, Field in view of Duraline discloses the buried pipe according to claim 2, but does not disclose wherein the first rotating layer comprises a bearing. However, Alcantara teaches bearings forming a rotating layer (fig 4, col 3, lines 24-37, ball bearings 20 form a rotating layer together with member 11, which allows the cables of Alcantara to rotate relative to the conduit they are in.) Alcantara describes a device for cables in a pipe, a field related to Field, Duraline, 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 Alcantara into Field in view of Duraline and use the bearings 20 and member 11 of Alcantara in place of the ribs 26 and lubrication of Field in view of Duraline. The bearings of Alcantara allow the cable to be moved through the pipe without lubrication (abstract, Alcantara), which makes the pipe of Field in view of Duraline and Alcantara more reliable, since lubrication can leak or denature over time. Regarding claim 9, Field in view of Duraline discloses the buried pipe according to claim 4, but does not disclose wherein the second rotating layer comprises a bearing. However, Alcantara teaches bearings forming a rotating layer (fig 4, col 3, lines 24-37, ball bearings 20 form a rotating layer together with member 11, which allows the cables of Alcantara to rotate relative to the conduit they are in.) Alcantara describes a device for cables in a pipe, a field related to Field, Duraline, 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 Alcantara into Field in view of Duraline and use the bearings 20 and member 11 of Alcantara in place of the ribs 26 and lubrication of Field in view of Duraline. The bearings of Alcantara allow the cable to be moved through the pipe without lubrication (abstract, Alcantara), which makes the pipe of Field in view of Duraline and Alcantara more reliable, since lubrication can leak or denature over time . Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Morris (US 5503191 A) discloses a double pipe system with bearings that allow for rotation between the inner and outer pipes. Wolf (US 5433252 A) discloses an inner and outer pipe with reduced friction in contact. Sawyer (US 4131136 A) discloses a hose surrounded by rollers. Young (US 3863679 A) discloses a pipeline with inner pipe on bearings and able to rotate. Baesa (18/683,463) discloses a pipe with bearings that allow rotational movement of the pipe. Zhu (CN 110360386 A) discloses a pipe with bearings and rollers. 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If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /H.L./ Examiner, Art Unit 3753 /CRAIG M SCHNEIDER/Supervisory Patent Examiner, Art Unit 3753 Application/Control Number: 18/683,463 Page 2 Art Unit: 3753 Application/Control Number: 18/683,463 Page 3 Art Unit: 3753 Application/Control Number: 18/683,463 Page 4 Art Unit: 3753 Application/Control Number: 18/683,463 Page 5 Art Unit: 3753 Application/Control Number: 18/683,463 Page 6 Art Unit: 3753 Application/Control Number: 18/683,463 Page 7 Art Unit: 3753 Application/Control Number: 18/683,463 Page 8 Art Unit: 3753
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