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 § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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) 21-22 and 25 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Davidson (4,606,558).
With regard to claim 21, Davidson discloses a system comprising:
a curved plate (13) and a boss (19) extending from the curved plate; wherein the curved plate has a first side facing the underground pipe and a second side away from the underground pipe (fig. 1); and wherein the first side of the curved plate includes a generally circular channel (22) extending into the first side (fig. 2A).
With regard to claim 22, Davidson further discloses a seal (23) in the channel at the first side of the saddle to mitigate leaking (fig. 2A).
With regard to claim 25, Davidson further discloses the curved plate includes outwardly flared flanges (16) at ends thereof.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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) 1-5 and 21-25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kiest, Jr. (2004/0037648) in view of Davidson (4,606,558).
With regard to claim 1, Kiest discloses a method of providing access to an underground pipe (abstract), the method comprising: excavating the ground to expose a portion of the underground pipe (abstract); positioning a saddle (20) to the exposed portion of the underground pipe, the saddle comprising a curved plate (24) and a boss (26) extending from the curved plate, wherein the curved plate has a first side facing the underground pipe and a second side away from the underground pipe (figs. 1-3); creating a bore into the underground pipe at the boss and saddle (abstract); and adding the excavated ground to the curved plate of the saddle to hold the saddle in place at the underground pipe (para 0029).
Kiest discloses the invention substantially as claimed however is silent regarding the first side of the curved plate includes a generally circular channel extending into the first side.
Davidson discloses a pipe saddle (10) comprising a curved plate has a first side facing the underground pipe and a second side away from the underground pipe (figs. 1-2) and the first side of the curved plate includes a generally circular channel (22) extending into the first side (figs. 2-2A).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Kiest and utilize a channel as taught in Davidson, with a reasonable expectation of success, in order to provide alignment means for the sealant/gasket/adhesive.
With regard to claim 2, Kiest further discloses providing an adhesive between the saddle and the underground pipe (para 0012).
With regard to claim 3, Kiest, as modified, further discloses positioning a seal in the channel at the first side of the saddle to mitigate leaking (Davidson; fig. 2A).
With regard to claim 4, Kiest further discloses a hydrophilic material (para 0012).
With regard to claim 5, Kiest further discloses a hydrophilic O-ring (para 0012).
With regard to claim 21, Kiest discloses a system comprising: a curved plate (24) and a boss (26) extending from the curved plate; wherein the curved plate has a first side facing the underground pipe and a second side away from the underground pipe (fig. 2); and wherein the first side of the curved plate includes a generally circular channel extending into the first side.
Kiest discloses the invention substantially as claimed however is silent regarding the first side of the curved plate includes a generally circular channel extending into the first side.
Davidson discloses a pipe saddle (10) comprising a curved plate has a first side facing the underground pipe and a second side away from the underground pipe (figs. 1-2) and the first side of the curved plate includes a generally circular channel (22) extending into the first side (figs. 2-2A).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Kiest and utilize a channel as taught in Davidson, with a reasonable expectation of success, in order to provide alignment means for the sealant/gasket/adhesive.
With regard to claim 22, Kiest, as modified, further discloses a seal in the channel at the first side of the saddle to mitigate leaking (Davidson; fig. 2A).
With regard to claim 23, Kiest further discloses a hydrophilic material (para 0012).
With regard to claim 24, Kiest further discloses a hydrophilic O-ring (para 0012).
With regard to claim 25, Kiest further discloses the curved plate includes outwardly flared flanges (44) at ends thereof.
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kiest, Jr. (2004/0037648) in view of Davidson (4,606,558), as applied to claim 1 above, and further in view of Schleining et al. (6,158,925).
With regard to claim 6, Kiest, as modified, discloses the invention substantially as claimed however fails to explicitly state adding a weighted material with the excavated soil to provide additional weight to hold the saddle in place at the underground pipe.
Schleining discloses adding a weighted material (cementitious slurry) with the excavated soil to provide additional weight to hold underground pipes in place (col. 3, lines 55-63).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to further modify Kiest and utilize weighted material in the backfill as taught in Schleining, with a reasonable expectation of success, in order to protect the pipeline.
Claim(s) 7-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kiest, Jr. (2004/0037648) in view of Davidson (4,606,558), as applied to claim 1 above, and further in view of Allred et al. (4,576,400).
With regard to claim 7, Kiest, as modified, discloses the invention substantially as claimed however fails to explicitly state honing the bore in the underground pipe.
Allred discloses a method of providing access to an underground pipe (abstract) with honing the bore in the underground pipe (col. 3, lines 7-16; col. 4, lines 10-14).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to further modify Kiest and hone the bore as taught in Allred, with a reasonable expectation of success, in order to ensure a smooth surface is provided.
With regard to claim 8, Kiest, as modified, further discloses the step of honing the bore comprises inserting a honing tool through the bore, wherein the honing tool contacts substantially all surfaces and edges of the bore (Allred, col. 3, lines 7-16).
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kiest, Jr. (2004/0037648) in view of Davidson (4,606,558) and Allred et al. (4,576,400), as applied to claim 7 above, and further in view of Rands (3,871,139).
With regard to claim 9, Kiest, as modified, discloses the invention substantially as claimed as well as utilizing conventional honing tools (Allred, col. 3, lines 7-16), however fails to explicitly state the honing tool comprises a plurality of carbide members spun about an axis.
Rands discloses a honing tool which comprises a plurality of carbide members (30; col. 7, lines 5-8) spun about an axis (figs. 3, 10-11).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to further modify Kiest and utilize a honing tool with carbide members as taught in Rands, with a reasonable expectation of success, in order to ensure a smooth surface is provided.
Claim(s) 10-11 and 17-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kiest, Jr. (2004/0037648) in view of Allred et al. (4,576,400).
With regard to claim 10, Kiest discloses a method of providing access to an underground pipe (abstract), the method comprising: excavating the ground to expose a portion of the underground pipe (abstract); positioning a saddle (20) to the exposed portion of the underground pipe, the saddle comprising a curved plate (24) and a boss (26) extending from the curved plate, wherein the curved plate has a first side facing the underground pipe and a second side away from the underground pipe (fig. 2); creating a bore into the underground pipe at the boss and saddle (abstract).
Kiest discloses the invention substantially as claimed however fails to explicitly state honing the bore in the underground pipe.
Allred discloses a method of providing access to an underground pipe (abstract) with honing the bore in the underground pipe (col. 3, lines 7-16; col. 4, lines 10-14).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Kiest and hone the bore as taught in Allred, with a reasonable expectation of success, in order to ensure a smooth surface is provided.
With regard to claim 11, Kiest, as modified, further discloses the step of honing the bore comprises inserting a honing tool through the bore, wherein the honing tool contacts substantially all surfaces and edges of the bore (Allred, col. 3, lines 7-16).
With regard to claims 17-18, Kiest further discloses adding the excavated ground to the curved plate of the saddle to hold the saddle in place at the underground pipe (para 0029).
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kiest, Jr. (2004/0037648) in view of Allred et al. (4,576,400), as applied to claim 11 above, and further in view of Rands (3,871,139).
With regard to claim 12, Kiest, as modified, discloses the invention substantially as claimed as well as utilizing conventional honing tools (Allred, col. 3, lines 7-16), however fails to explicitly state the honing tool comprises a plurality of carbide members spun about an axis.
Rands discloses a honing tool which comprises a plurality of carbide members (30; col. 7, lines 5-8) spun about an axis (figs. 3, 10-11).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to further modify Kiest and utilize a honing tool with carbide members as taught in Rands, with a reasonable expectation of success, in order to ensure a smooth surface is provided.
Claim(s) 13-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kiest, Jr. (2004/0037648) in view of Allred et al. (4,576,400), as applied to claim 10 above, and further in view of Davidson (4,606,558).
With regard to claim 13, Kiest, as modified, discloses the invention substantially as claimed however is silent regarding the first side of the curved plate includes a generally circular channel extending into the first side.
Davidson discloses a pipe saddle (10) comprising a curved plate has a first side facing the underground pipe and a second side away from the underground pipe (figs. 1-2) and the first side of the curved plate includes a generally circular channel (22) extending into the first side (figs. 2-2A).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to further modify Kiest and utilize a channel as taught in Davidson, with a reasonable expectation of success, in order to provide alignment means for the sealant/gasket/adhesive.
With regard to claim 14, Kiest, as modified, further discloses positioning a seal in the channel at the first side of the saddle to mitigate leaking (Davidson; fig. 2A).
With regard to claim 15, Kiest further discloses a hydrophilic material (para 0012).
With regard to claim 16, Kiest further discloses a hydrophilic O-ring (para 0012).
Claim(s) 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kiest, Jr. (2004/0037648) in view of Allred et al. (4,576,400), as applied to claim 18 above, and further in view of Cage (2021/0108754) and Davidson (4,606,558).
With regard to claim 19, Kiest, as modified, discloses the invention substantially as claimed as well as providing an adhesive or a seal (para 0012), however is silent regarding the first side of the curved plate includes a generally circular channel extending into the first side positioning a seal in the channel and a separate adhesive.
Cage discloses a saddle wherein both an adhesive and a seal are provided between the saddle and the underground pipe (paras 0008-0012).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to further modify Kiest and utilize a seal and an adhesive as taught in Cage, with a reasonable expectation of success, in order to assist in holding the curved plate on the pipe as well as ensure a proper seal.
Davidson discloses a pipe saddle (10) comprising a curved plate has a first side facing the underground pipe and a second side away from the underground pipe (figs. 1-2) and the first side of the curved plate includes a generally circular channel (22) extending into the first side (figs. 2-2A) and positioning a seal (23) in the channel at the first side of the saddle to mitigate leaking (figs. 2A).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to further modify Kiest and utilize a channel as taught in Davidson, with a reasonable expectation of success, in order to provide alignment means for the seal.
With regard to claim 20, Kiest, as modified, further discloses the seal comprises a hydrophilic O-ring (Kiest, para 0012; Cage, paras 0008-0012).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BENJAMIN F FIORELLO whose telephone number is (571)270-7012. The examiner can normally be reached Mon-Fri 8:00AM-4:30PM 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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/BENJAMIN F FIORELLO/Primary Examiner, Art Unit 3678
BF
08/12/2026
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