DETAILED ACTION
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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 1-23 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.
There is a lack of antecedent basis for “the pipe” recited in claims 1 and 7. Based on how the claim is written, it appears the applicant is using duct and pipe interchangeably. For examination purposes, pipe and duct may or may not be interpreted as the same element.
Regarding claims 3 and 9, a broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claims 3 and 9 recite the broad recitation “around at least half of its circumference”, and the claim also recites “similar to or greater than a diameter of the tracer wire” which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
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.
Claim(s) 1-3, 5-9, 11-17, 19-20 and 22 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chen (CN106402510). Chen teaches duct assembly comprising a duct 6 having an outer wall of polymer material (PE, “the PE pipeline 8 of in figure”), an insulating jacket (21, “the PE pipeline 8 of in figure”) coupled to the pipe (see fig. 2), and a tracer wire (22/23) within the insulating jacket, wherein the insulating jacket is generally round in cross-section and is attached directly to the outer wall (see figs. 2-3) of the duct without the use of adhesive (“Spike wire connections 3 are PE bonding material, and this PE bonding material is made using screw extruder extrusion fusion plastification PE material, It wraps on the outer surface that tracing line 2 is fitted in pipeline by tracing line 2 simultaneously while extrusion, after laminating be in integrally etc”).
Regarding claim 7, Chen teaches a duct having an outer wall of polymer material (PE), an insulating jacket 2 coupled to the pipe (fig. 2), and a tracer wire 22/23 within the insulating jacket, wherein the insulating jacket is generally round in cross-section and is attached directly to the outer wall of the duct without the use of adhesive. See figs. 2-3.
Regarding claims 2 and 8, both 2 and 22 may be peeled from the outer surface of the duct. See figs. 2-3.
Regarding claims 3 and 9, figs. 1-2 show that the thickness of the insulating jacket is similar to or greater than a diameter of the tracer wire.
Regarding claims 5 and 12, the insulating jacket is made of a PE which is a thermoplastic polymer material and has been attached to the outer wall without adhesive.
Regarding claim 6, the insulating jacket (“Tracing line includes PE external protection”) and the outer wall of the duct (“PE pipeline, PE pipeline tracing line laying mechanism”) are made of similar base polymer materials (both made of PE), whereby the material of the jacket when molten will bond reversibly to the material of the duct when the latter is at a temperature below its softening point. (“PE Melting is viscous and material is identical material, so both are tightly combined with PE pipeline”)
Regarding claim 11, the insulating jacket is made of a thermoplastic polymer material and is attached to the outer wall of the duct by pressing together the outer wall of the duct and the insulating jacket while the polymer material of the insulating jacket is at or close to its melting point. (“Pinch roller 5 is mainly used in making tracing line 2 laminating PE pipeline 8 lateral surface, and this pinch roller 5 has the pressure ring 51 of annular. For The position of pinch roller 5 is adjusted, this pinch roller 5 can be fixed together on adjustable plate, this adjustable plate has ellipse Adjustment hole and fixing screws. PE melting is viscous to be in pinch roller 5 opposite side, this extruder consistent with the movement locus of tracing line 2 with material extruder 6 Effect be that the PE deriving spike wire connections 3 such as melting glues and expects and wrap tracing line 2, thus by tracing line 2 and PE pipe Road 8 lateral surface is combined together.Viscous and material extruder 3 the extrusion of PE melting is circular or oval so that spike It is firmly combined with outside line 2 and PE pipeline 8.”)
Regarding claim 13, the pressing together of the outer wall of the duct and the insulating jacket is performed while a polymer material at an outer surface of the duct is at an elevated temperature, but below its melting point. See fig. 3. (“PE melting is viscous to be in pinch roller 5 opposite side, this extruder consistent with the movement locus of tracing line 2 with material extruder 6 Effect be that the PE deriving spike wire connections 3 such as melting glues and expects and wrap tracing line 2, thus by tracing line 2 and PE pipe Road 8 lateral surface is combined together”).
Regarding claim 14, the elevated temperature of the material at the outer surface of the duct is below a softening point of the polymer material of the outer wall of the duct. (“PE melting is viscous to be in pinch roller 5 opposite side, this extruder consistent with the movement locus of tracing line 2 with material extruder 6 Effect be that the PE deriving spike wire connections 3 such as melting glues and expects and wrap tracing line 2, thus by tracing line 2 and PE pipe Road 8 lateral surface is combined together”)
Regarding claim 15, the insulating jacket is formed by extrusion of molten polymer over the tracer wire. (“PE melting is viscous to be in pinch roller 5 opposite side, this extruder consistent with the movement locus of tracing line 2 with material extruder 6 Effect be that the PE deriving spike wire connections 3 such as melting glues and expects and wrap tracing line 2, thus by tracing line 2 and PE pipe Road 8 lateral surface is combined together.Viscous and material extruder 3 the extrusion of PE melting is circular or oval so that spike It is firmly combined with outside line 2 and PE pipeline 8.”)
Regarding claim 16, the pressing together of the outer wall of the duct and the insulating jacket is performed as part of a continuous process immediately after extruding the polymer material of the insulating jacket over the tracer wire. See fig. 3 and (“PE melting is viscous to be in pinch roller 5 opposite side, this extruder consistent with the movement locus of tracing line 2 with material extruder 6 Effect be that the PE deriving spike wire connections 3 such as melting glues and expects and wrap tracing line 2, thus by tracing line 2 and PE pipe Road 8 lateral surface is combined together.Viscous and material extruder 3 the extrusion of PE melting is circular or oval so that spike It is firmly combined with outside line 2 and PE pipeline 8.”)
Regarding claim 17, the outer wall of the duct is formed by extrusion of molten polymer material through an extrusion die (“using the technique such as single screw rod fusion plastification PE material, die head extrusion”), followed by a process of drawing down and cooling the polymer material to achieve a desired size and form of duct (“vacuum sizing, cooling, cutting.)
Regarding claim 19, Chen teaches in claim 8 that “Add after PE pipeline vacuum sizing, before cooling and add tracing line step”.
Regarding claims 20 and 22, Chen teaches burying the duct assembly along a desired route while keeping a first end of the duct and tracer wire accessible above ground, for use later in locating the buried duct. (“The left side or the right, bury along pipeline straight line or helical form sometimes, sometimes against pipeline or have a certain distance to bury with pipeline again If waiting, cause to be difficult to accurately to determine the position of PE pipe according to tracing line.The tracing line off normal in down tube, backfill, causes to detect Pipeline location inaccurate.Tracing line is easily torn in work progress, causes cannot detect afterwards.”)
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(s) 4 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen (CN106402510). Chen teaches the salient features of the claimed invention except for the tracer wire is a wire of diameter 1.1 mm or less, and a thickness of the insulating jacket is greater than 1.2 mm around at least half of its circumference. It would have been obvious to one of ordinary skill in the art at the time the invention was made to use a tracer wire of diameter 1.1 mm or less, and a thickness of the insulating jacket greater than 1.2 mm for the purpose of utilizing an optimum range. The applicant should note that it has been held that where the general working conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen (CN106402510). Chen teaches pressing together of the outer wall of the duct and the insulating jacket before a final cooling stage of the duct. Chen does not specifically teach pressing is performed immediately after an initial cooling and sizing stage after extruding the polymer material of the outer wall of the duct. It would have been obvious to one of ordinary skill in the art at the time the invention was filed to perform pressing immediately after an initial cooling and sizing stage after extruding the polymer material of the outer wall of the duct for the purpose of reduced manufacturing time while and maintaining sufficient adhesion.
Claim(s) 21 and 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen (CN106402510) in view of Reid (U.S. Publication No. 2013/0199062). It is the examiner’s position that applying an electrical signal to an exposed part of said tracer wire and detecting signals radiated from another part of the tracer wire, thereby locating the buried duct is an inherent purpose of the tracer wire of Chen. The following is presented to expedite prosecution. Chen teaches the salient features of the claimed invention. Reid teaches applying an electrical signal to an exposed part of said tracer wire and detecting signals radiated from another part of the tracer wire, thereby locating the buried duct. See fig. 1 as well as ¶3 (“A known solution for locating non-metallic underground pipes is to bury a tracer wire with the pipe during installation of the pipeline so that an electrical signal can later be run through the wire along the pipeline so that a suitable detector can be used above ground to sense the signal and thereby detect the location of the pipe and determine the path of the pipeline. The free end of the tracer wire used to apply the electrical signal is typically routed up to ground level at or adjacent a riser pipe that also extends to the surface so that access to the tracer wire is easily found”). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to utilize the features of Reid for the purpose of easily finding the tracer wire and the pipe.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Grimsley (U.S. Publication No. 20160377503) teaches that it was known to choose wire of specified thickness to provide the desired conductivity for carrying the tracer and detection signal. Yu (CN 116677829) teaches a pipe with a tracer wire 5 which is attached directly to the outer wall of the duct without the use of adhesive.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER E MAHONEY whose telephone number is (571)272-2122. The examiner can normally be reached 9-5:30.
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/CHRISTOPHER E MAHONEY/Primary Examiner, Art Unit 2852
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