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 1-17 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 1 recites “including methane gas pipelines” in line 2, which renders the claim indefinite as to what other tubular elements are included.
Claim 1 recites the limitation "said tubular element" in lines 3-4. There is insufficient antecedent basis for this limitation in the claim. This will be read as “said tubular elements”.
Claim 1 recites the limitation "the damage" in line 4. There is insufficient antecedent basis for this limitation in the claim. This will be read as “the damages”. This should be similarly amended in claims 2, 11, and 12 to avoid introducing new antecedent basis issues.
Regarding claim 1, the phrase "preferably" in line 19 renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Claim 11 recites “including methane gas pipelines” in line 2, which renders the claim indefinite as to what other tubular elements are included.
Allowable Subject Matter
Claims 1-17 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter: kits for repairing damages in tubular elements comprising a lining material and a shell are disclosed by KRYGER (US 2022/0057025), CERCONE et al. (US 2019/0049056), SCOTT (US 10,100,964), SOUZA et al. (US 2016/0279865), and SOUZA (US 2014/0048164). The prior art of record does not teach or fairly suggest such a kit wherein the lining material comprises continuous fibers with an elastic modulus according to ASTM C1557 standard of 20 GPa or more, and a tensile strength according to ASTM C1557 standard of 200 MPa or more, and wherein the shell comprises two layers wherein the first layer has a compression modulus of elasticity according to ASTM D1621 and C365/C365M standards between 10 MPa and 5 GPa and a thickness between 2 mm and 50 mm, and wherein the second layer has a flexural modulus of elasticity according to ASTM E655 or D790 standards greater than or equal to 1 GPa and a thickness between (90/E)^1/3 mm and (1/E) mm, where E represents the numerical value of the flexural modulus of elasticity according to ASTM E855 or D790 standards expressed in GPa.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Nickolas R Harm whose telephone number is (571)270-7605. The examiner can normally be reached 10:00-6:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Phillip Tucker can be reached at 571-272-1095. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NICKOLAS R HARM/Examiner, Art Unit 1745
/PHILIP C TUCKER/Supervisory Patent Examiner, Art Unit 1745
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