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 claims 57-73 (Group I) in the reply filed on 4 December 2025 is acknowledged.
Drawings
Figure 1 should be designated by a legend such as --Prior Art-- because only that which is old is illustrated. See MPEP § 608.02(g). Corrected drawings in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. The replacement sheet(s) should be labeled “Replacement Sheet” in the page header (as per 37 CFR 1.84(c)) so as not to obstruct any portion of the drawing figures. 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.
The drawings are objected to because Figures 9 to 17 are difficult to read and the lines of the drawings are not well defined. Figures 2, 5, 6 and 7 contain dark portions that make the drawings difficult to visualize. Corrected drawing sheets in compliance with 37 CFR 1.121(d) 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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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.
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 60-62, 65, 66, 68 and 69 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.
As to Claim 60, the claim recites “through the nozzles” but “one or more nozzles” was claimed before. Appropriate correction is required.
As to Claim 65, the claim recites “the insert frame” but there is no “insert frame” claimed before. The term should be “the insert or frame”. Appropriate correction is required.
As to Claim 66, the claim recites “in a sidewall of the pit” but there is a “wall of a pit” claimed in claim 1 thereby making unclear if they are the same element. Appropriate correction is required.
As to Claim 68, the claim recites “can pass”. It is unclear if this is optional or not. Appropriate correction is required.
The respective dependent claims are rejected for depending on a rejected 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.
Claims 57, 58, 60-62 and 65-73 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Payne (U.S. Patent No. 2,504,936).
As to Claim 57, Payne discloses a method for connecting a pipe (41; The sheath 41 of cable 10 is a pipe filled with the material that forms the cable) into a wall (11) of a pit comprising defining an opening in the wall (Opening in 11 receiving 12) with an insert (12) or a frame, providing a binder (Packing material injected to cavity 17) within the insert or frame to seal against the pipe (Column 3, Lines 64-71: “The packing material itself may be a mixture of cork, graphite, mineral oil and a polyisobutylene binder having a relatively high molecular weight. This will produce a packing which is quite tacky and which will penetrate into the interstices between the woven wire sheath and which will also adhere thereto so as to form a gas-tight seal”) which is inserted into the opening or into the insert (12) or frame, wherein the binder binds the pipe (41) to the insert or frame (Column 3, Lines 64-71: “The packing material itself may be a mixture of cork, graphite, mineral oil and a polyisobutylene binder having a relatively high molecular weight. This will produce a packing which is quite tacky and which will penetrate into the interstices between the woven wire sheath and which will also adhere thereto so as to form a gas-tight seal”); wherein the insert (21) or frame includes annular flanges (26, 27) that define the opening (The circular flanges 26, 27 are part of rings 19 and 24 of the insert 12 with a central aperture that define the opening for the pipe 41) and a cavity (17) between the flanges (26, 27) into which the binder is injected to fix against the pipe (41) when inserted in the opening; wherein the flanges are flexible (Column 2, Line 40 to Column 3, Line 3: “The right-hand (Fig. 1) wall 18 of chamber 17 may be radial, but is preferably made conical to receive a flexible, resilient end ring 19 which has a corresponding conical surface 20. Said ring is has an internal diameter which is greater than the external diameter of cable 10 in order to permit the cable to be readily pulled through the ring. The left-hand end (Fig. 1) of stuffing box 12 is closed by a metal ring 22 having an internal diameter. 23 which is greater than the external diameter of cable 10 and approximates the internal diameter opening of 13. A ring 24, similar in every respect to ring 19, is located adjacent closure ring 22, the latter being provided with a. conical surface 25 having a slope opposite to that of conical surface 25 and receiving ring 24 thereagainst. The end rings 19 and 24 may be endless or, if desired, may be slit”) to provide a seal against the pipe while the binder is injected (Column 55-64: “It will be noted that the lip portions 26 and 27 of end rings 19 and 24 have been forced radially inwardly by the pressure of the packing material into firm contact with the sheath 40 of cable 10. This prevents the packing material from escaping through the space provided between the cable 10 and the openings 13 and 23 through which the cable must be drawn”), and wherein the insert (12) or frame is cast or moulded into the wall (11) of the pit (“Cast to” is defined as “to put or place”. The insert 12 is placed wall 11 as per Column 3, Lines 50-54: “The assembled stuffing box is then inserted into the opening provided for it in bulkhead 11”).
As to Claim 58, Payne discloses the invention of Claim 57 (Refer to Claim 57 discussion). Payne also discloses wherein the binder also binds the pipe (41) to the wall of the pit (indirectly via 39).
As to Claim 60, Payne discloses the invention of Claim 57 (Refer to Claim 57 discussion). Payne also discloses wherein the insert or frame (12) is provided with one or more nozzles (34) and the binder is injected into the insert or frame through the nozzles.
As to Claim 61, Payne discloses the invention of Claim 60 (Refer to Claim 60 discussion). Payne also discloses wherein the binder is injected after the pipe (41) has been inserted into the insert (12) or frame.
As to Claim 62, Payne discloses the invention of Claim 60 (Refer to Claim 60 discussion). Payne also discloses wherein the binder is injected just before the pipe (42) is inserted into the insert (12) or frame (It is capable of being injected just before the pipe is inserted into the insert).
As to Claim 65, Payne discloses the invention of Claim 57 (Refer to Claim 57 discussion). Payne also discloses wherein the insert (12) or frame comprises a plurality of components connected to form the insert frame (Figure 1).
As to Claim 66, Payne discloses the invention of Claim 57 (Refer to Claim 57 discussion). Payne also discloses wherein the opening (Opening in 11 receiving 12) is a circular opening in a sidewall (11) of the pit.
As to Claim 67, Payne discloses the invention of Claim 57 (Refer to Claim 57 discussion). Payne also discloses wherein the insert (12) or frame has an annular front face (14), an annular rear face (22), and a cylindrical wall (Outer wall of 12 between 14 and 22) connecting the front face to the rear face.
As to Claim 68, Payne discloses the invention of Claim 57 (Refer to Claim 57 discussion). Payne also discloses wherein the insert (12) or frame includes a mesh region or a honeycomb region or a region (32) having openings (The pitches between wire segments in spring 32 are openings) through which concrete can pass during a concrete pour.
As to Claim 69, Payne discloses the invention of Claim 67 (Refer to Claim 67 discussion). Payne also discloses wherein the insert (12) or frame comprises a wall (16) extending from an inner periphery of the front face to an inner periphery of the rear face.
As to Claim 70, Payne discloses the invention of Claim 57 (Refer to Claim 57 discussion). Payne also discloses wherein a cylindrical member (30, 31) is positioned within the insert (12) or frame during casting of the pit, with the cylindrical member having a radius that generally corresponds (“Generally corresponds” is being interpreted as “approximate”) to a radius of an inner periphery (13, 23) of the frame or insert (12).
As to Claim 71, Payne discloses the invention of Claim 70 (Refer to Claim 70 discussion). Payne also discloses wherein the cylindrical member (30, 31) has a radius that is larger than the radius of the inner periphery (13, 23) of the frame whereby to define the cavity (17) for the binder.
As to Claim 72, Payne discloses the invention of Claim 71 (Refer to Claim 71 discussion). Payne also discloses wherein the binder is injected through one or more nozzles (34) in the insert or frame.
As to Claim 73, Payne discloses the invention of Claim 57 (Refer to Claim 57 discussion). Payne also discloses wherein the insert (12) or frame includes a peripheral rib or tie (39) to embed in the wall (11) and facilitate the insert or frame gripping and holding in the wall (11) when cast or moulded into the wall of the pit.
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.
Claim 59 is/are rejected under 35 U.S.C. 103 as being unpatentable over Payne (U.S. Patent No. 2,504,936) in view of Cao (U.S. Patent Application Publication No. 2010/0155247).
As to Claim 59, Payne discloses the invention of Claim 57 (Refer to Claim 57 discussion). However, Payne is silent about wherein the binder comprises an epoxy binder. Cao discloses binders made of a polyisobutylene epoxy (Paragraph 0009: “Suitable resins are polyisobutylenes or butyl rubbers containing functional groups that are radiation curable (hereinafter, barrier rubber resins, rubber resins, or sealant/adhesives). Exemplary materials are olefin-terminal polyisobutylene, polyisobutylene acrylates, polyisobutylene epoxies, polyisobutylene vinyl ethers, butyl rubber, and butyl rubber derivatives”). Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to make the polyisobutylene disclosed by Payne a polyisobutylene epoxy since the substitution of one known material for another of the same kind would have yielded the same result of binding the insert to the pipe so as to form a gas-tight seal.
Claims 63 and 64 is/are rejected under 35 U.S.C. 103 as being unpatentable over Payne (U.S. Patent No. 2,504,936) in view of Lambie (U.S. Patent No. 992,782).
As to Claim 63, Payne discloses the invention of Claim 57 (Refer to Claim 57 discussion). However, Payne is silent about wherein the pit is manufactured by slip moulding or slip casting using concrete wherein the concrete is poured into a mould and allowed to set to form the pit. Lambie discloses the use of molds or casts (1) where concrete is poured to form a pit. Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to have the pit manufactured by slip moulding or slip casting using concrete wherein the concrete is poured into a mould and allowed to set to form the pit since the use of a known construction method would have yielded the predictable result of creating the wall of the pit.
As to Claim 64, Payne as modified teaches the invention of Claim 63 (Refer to Claim 63 discussion). Payne as modified also teaches wherein the wall of the pit has the insert or frame (Lambie: 25) located therein and concrete is poured into the mould (Lambie: 1) and the insert or frame thereby becomes incorporated into the wall of the pit to define an opening in the wall of the pit.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EDWIN J TOLEDO-DURAN whose telephone number is (571)270-7501. The examiner can normally be reached Monday through Friday: 10:00AM to 6:00PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, AMBER ANDERSON can be reached at (571) 270-5281. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/EDWIN J TOLEDO-DURAN/Primary Examiner, Art Unit 3678
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