FLEXIBLE ELONGATE MEMBERS IN
SEWAGE PIPELINES OR CHANNELS
FIRST OFFICE ACTION
This action is in response to the Applicant’s Election of Dec. 29, 2025.
ELECTION
The Applicant’s election of Invention II (claims 1, 2, 4, 6, 8, 9, and 18) has been noted. The Applicant states that Invention II should include claim 8 instead of claim 7, since claim 7 was previously cancelled, and thus Invention II should include claims 1, 2, 5, 6, 8, 9, and 18.
The Examiner is in agreement with the Applicant’s statement that Invention II should include claim 8 instead of claim 7 since claim 7 was previously canceled. However, the Examiner points out that claim 4 was/is part of the group and not claim 5 since claim 5 was also previously canceled. As such, Invention II includes claims 1, 2, 4, 6, 8, 9, and 18 which are hereby examined on the merits.
DRAWINGS
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the element number “45” which is not set forth in the specification.
Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the element numbers in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office Action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the Examiner, the Applicant will be notified and informed of any required corrective action in the next Office Action. The objection to the drawings will not be held in abeyance.
TITLE
The title is objected to because it is vague and not clearly descriptive of the claimed invention. A suggested amended title is --Flexible Elongate Inspection Member For Use In Sewage Pipelines Or Channels--.
ABSTRACT
The abstract of the disclosure is objected to because of the use of the legal phraseology “means for”. Correction is required. See MPEP § 608.01(b).
The Applicant is reminded of the proper language and format for an abstract of the disclosure. The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words. The form and legal phraseology often used in patent claims, such as "means" and "said," should be avoided. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details. The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, "The disclosure concerns," "The disclosure defined by this invention," etc.
SPECIFICATION
The specification has been considered and accepted.
CLAIMS
In the event that the determination of the status of the application as subject to AIA is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the rationale supporting the rejection would be the same.
Objections
Independent claims 1 and 18 are objected to because the claims fail to separate each claim element and/or step by a line indentation as per 37 CFR 1.75(i); MPEP 608.01(i). Independent claims 1 and 18 have been interpreted as follows:
1. A flexible elongate member comprising:
an optical sensing fiber configured to be partially submerged or floated in waste fluid inside a sewage pipeline for obtaining distributed measurement data along a flow of the waste fluid,
wherein the flexible elongate member is deployable and movable within the sewage pipeline to utilize the waste fluid to align the flexible elongate member to extend along the sewage pipeline to obtain an operational position for obtaining the distributed measurement data.
18. A method of obtaining distributed sensor measurement data along a sewage pipeline containing waste fluid, the method comprising the step of:
using a flexible elongate member comprising an optical sensing fiber and configured to be at least partially submerged or floated in waste fluid inside a sewage pipeline for obtaining distributed measurement data along a flow of the waste fluid, to obtain the distributed measurement data,
wherein the flexible elongate member is deployed in the sewage pipeline, and a length of the flexible elongate member is at least partially submerged or floated upon the waste fluid and extending freely to an end in the sewage pipeline.
The claims are also objected to for the following reasons:
Claim 1, line 2; the word “float” should be changed to --floated--.
Claim 2, line 3; the word “comprise” should be changed to --comprises--.
Claim 4, line 1; the phrase “claim1” should be changed to --claim 1--.
Claim 18, line 4; the word “float” should be changed to --floated--.
Claim 18, line 6; the word “measurements” should be changed to --measurement--.
35 U.S.C. § 112
In accordance with 35 U.S.C. 112(b), 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.
Claims 4 and 8 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to point out and distinctly claim the subject matter which the inventor regards as the invention.
Claim 4 is indefinite as to how the outer jacket, as claimed, relates to the elements of claim 1.
Claim 8 is indefinite because the claim sets forth that the flexible elongate member is a length of rope but parent claim 1 sets forth that the flexible elongate member is much more than just a length of rope. For example, claim 1 sets forth that the flexible elongate member comprises an optical sensing fiber. Thus, a contradiction exists.
35 U.S.C. § 102
In accordance with 35 U.S.C. 102(a)(1), a person shall be entitled to a patent unless 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.
Claims 1, 4, 9, and 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by the Applicant’s cited prior art of Chapman et al. (2014/0333753).
With respect to independent claim 1, Chapman et al. set forth a flexible elongate member comprising:
an optical sensing fiber (see “connecting wires” 510 in Fig. 6A and paragraph 54 which states that the connecting wires are optical fibers) configured to be partially submerged or floated in waste fluid inside a sewage pipeline for obtaining distributed measurement data along a flow of the waste fluid (paragraphs 87 - 89),
wherein the flexible elongate member is deployable and movable within the sewage pipeline to utilize the waste fluid to align the flexible elongate member to extend along the pipeline to obtain an operational position for obtaining the distributed measurement data (Fig. 1).
With respect to claim 4, Chapman et al. set forth the use of an outer spring (210) which is interpreted as an outer jacket as claimed.
With respect to claim 9, Chapman et al. set forth that the flexible elongate member has an outer surface which is smooth (220 of Fig. 4).
With respect to independent claim 18, Chapman et al. set forth a method of obtaining distributed sensor measurement data along a sewage pipeline containing waste fluid (Fig. 1), the method comprising the step of:
using a flexible elongate member comprising an optical sensing fiber (see “connecting wires” 510 in Fig. 6A and paragraph 54 which states that the connecting wires are optical fibers) and configured to be at least partially submerged or floated in waste fluid inside a sewage pipeline for obtaining distributed measurement data along a flow of the waste fluid, to obtain the distributed measurement data (paragraphs 87 - 89),
wherein the flexible elongate member is deployed in the sewage pipeline, and a length of the flexible elongate member is at least partially submerged or floated upon the waste fluid and extending freely to an end in the sewage pipeline (Fig. 1).
35 U.S.C. § 103
In accordance with 35 U.S.C. 103, 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 of this title, 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 2 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over the Applicant’s cited prior art of Chapman et al. (2014/0333753).
With respect to claim 2, Chapman et al. fail to explicitly set forth that a layer of load bearing fibers are around the optical sensing fiber wherein the bearing fibers comprise a polyethylene or polyamide fiber.
However, the use of such a polyethylene or polyamide bearing fiber would have been obvious to one having ordinary skill in the art armed with the teaching of Chapman et al.
The motivation being that the use of a polyethylene or polyamide fiber as a bearing fiber serves as a water resistant protectant to the sensitive optical fiber therein.
With respect to claim 6, Chapman et al. fail to set forth that the flexible elongate member has a density that is equal to or less than that of the waste fluid.
However, the use of such a density would have been obvious to one having ordinary skill in the art.
The motivation being so that the flexible elongate member can stay on top of the waste fluid while allowing the flexible elongate member to travel through the sewage pipeline for the inspection thereof.
CITED DOCUMENTS
The Applicant’s attention is directed to the “PTO-892” form for the relevant art made of record at the time of this Office Action.
CONTACT INFORMATION
Any inquiry concerning this communication from the Examiner should be directed to PETER J MACCHIAROLO whose telephone number is (571)272-2375.
The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, the Applicant is advised to use the USPTO Automated Interview Request (AIR) Form at:
https://www.uspto.gov/patents/uspto-automated- interview-request-air-form.
/Eric S. McCall/Primary Examiner
Art Unit 2855