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 18-20 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 Claims 18 to 20, the claim recites “living hinges”. It is unclear is they refer to the “plurality of hinges” of claim 10 or if they are a different. Appropriate correction is required.
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 1 and 10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bradley et al (U.S. Patent No. 6,364,575).
As to Claim 1, Bradley discloses a manhole assembly comprising:
A plurality of interconnected longitudinal manhole segments (First half of 1, Second half of 1), wherein each of the plurality of longitudinal manhole segments comprise:
A first edge (Edge 4 with pins 12) comprising a plurality of dowel pins (12);
A second edge (Edge 4 with holes for pins 12) comprising a plurality of dowel holes (Holes receiving 12);
A curved wall (Curved wall of first half 1, Curved wall of second half 1) extending between the first edge and the second edge; and
A plurality of clip bosses (16) extending periodically along the first edge and the second edge.
As to Claim 10, Bradley discloses a manhole assembly comprising:
A plurality of interconnected longitudinal manhole segments (First half of 1, Second half of 1), wherein each of the plurality of longitudinal manhole segments comprise:
A first edge (Edge 4 with pins 12) comprising a plurality of dowel pins (12);
A second edge (Edge 4 with holes for pins 12) comprising a plurality of dowel holes (Holes receiving 12);
A curved wall (Curved wall of first half 1, Curved wall of second half 1) extending between the first edge and the second edge; and
A plurality of hinges (Hinges between pairs of 6) extending periodically along the first edge and the second edge (“Along” is being interpreted as “in a line matching the length or direction of”. The hinges are in a line matching the direction of the edges -i.e. parallel-).
Claims 1 and 10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Barker (U.S. Patent Application No. 2007/0095526).
As to Claim 1, Barker discloses a manhole assembly comprising:
A plurality of interconnected longitudinal manhole segments (4, 6), wherein each of the plurality of longitudinal manhole segments comprise:
A first edge (Edge of 6) comprising a plurality of dowel pins (32);
A second edge (Edge of 4) comprising a plurality of dowel holes (34);
A curved wall (Curved wall of 4, Curved wall of 6) extending between the first edge and the second edge; and
A plurality of clip bosses (38) extending periodically along the first edge and the second edge.
As to Claim 10, Barker discloses a manhole assembly comprising:
A plurality of interconnected longitudinal manhole segments (4, 6), wherein each of the plurality of longitudinal manhole segments comprise:
A first edge (Edge of 6) comprising a plurality of dowel pins (32);
A second edge (Edge of 4) comprising a plurality of dowel holes (34);
A curved wall (Curved wall of 4, Curved wall of 6) extending between the first edge and the second edge; and
A plurality of hinges (28) extending periodically along the first edge and the second edge (“Along” is being interpreted as “in a line matching the length or direction of”. The hinges are in a line matching the direction of the edges -i.e. parallel-).
Claim 1 s/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Del Zotto (U.S. Patent No. 5,381,995).
As to Claim 1, Del Zotto discloses a manhole assembly comprising:
A plurality of interconnected longitudinal manhole segments (2; Column 4, Lines 8-10: “Separate hole former assemblies 2 are inserted into the holes 29 and supported by the cut ends of the meshwork 28”), wherein each of the plurality of longitudinal manhole segments comprise:
A first edge (46) comprising a plurality of dowel pins (82);
A second edge (44) comprising a plurality of dowel holes (75);
A curved wall (40) extending between the first edge and the second edge; and
A plurality of clip bosses (80, 81) extending periodically along the first edge and the second edge.
Claim 10 s/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hofmann (U.S. Patent Application No. 2006/0153640).
As to Claim 10, Hofmann discloses a manhole assembly comprising:
A plurality of interconnected longitudinal manhole segments (11, 12), wherein each of the plurality of longitudinal manhole segments comprise:
A first edge (Edge of 12) comprising a plurality of dowel pins (18);
A second edge (Edge of 11) comprising a plurality of dowel holes (19);
A curved wall (Curved wall of 11, Curved wall of 12) extending between the first edge and the second edge; and
A plurality of hinges (13) extending periodically along the first edge and the second edge (“Along” is being interpreted as “in a line matching the length or direction of”. The hinges are in a line matching the direction of the edges -i.e. parallel-).
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.
Claims 1-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kamiyama et al (U.S. Patent Application Publication No. 2010/0008729) in view of Del Zotto (U.S. Patent No. 5,381,995).
As to Claim 1, Kamiyama discloses a manhole assembly comprising:
A plurality of interconnected longitudinal manhole segments (Left 9, Right 9; Figure 10), wherein each of the plurality of longitudinal manhole segments comprise:
A first edge (Edge of Right 9) comprising a plurality of dowel pins (11);
A second edge (Edge of Left 9) comprising a plurality of dowel holes (Left 34);
A curved wall (Curved walls of 9) extending between the first edge and the second edge.
However, Kamiyama is silent about a plurality of clip bosses extending periodically along the first edge and the second edge. Del Zotto discloses a plurality of clip bosses (78) along a first edge (44) and a second edge (46) usable in manhole assemblies (Column 3, Lines 32-36: “The assembly 2 is used to form holes or contoured apertures in the walls of poured concrete structures, such as septic tanks, junction boxes, manholes and a variety of other pre-cast or poured-in-place structures”). Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to provide a plurality of clip bosses extending periodically along the first edge and the second edge. The motivation would have been to further secure the segments together
As to Claim 2, Kamiyama as modified teaches the invention of Claim 1 (Refer to Claim 1 discussion). Kamiyama as modified also teaches wherein an inner surface of the curved wall comprises a plurality of vertical reinforcements (Kamiyama: 9c) and a plurality of horizontal reinforcements (Kamiyama: 9b).
As to Claim 3, Kamiyama as modified teaches the invention of Claim 1 (Refer to Claim 1 discussion). Kamiyama as modified also teaches wherein the manhole assembly further comprises a gasket (Kamiyama – Paragraph 0094: “By coating the interfitted part with a sealing material (not shown) beforehand, the watertightness of the coupled parts can be enhanced more”) between each of the plurality of longitudinal manhole segments.
As to Claim 4, Kamiyama as modified teaches the invention of Claim 1 (Refer to Claim 1 discussion). Kamiyama as modified also teaches wherein the plurality of clip bosses (Del Zotto: 78) extend parallel to an outer surface of the curved wall.
As to Claim 5, Kamiyama as modified teaches the invention of Claim 1 (Refer to Claim 1 discussion). Kamiyama as modified also teaches wherein the plurality of interconnected longitudinal manhole segments comprises three longitudinal manhole segments (Kamiyama: Figure 10).
As to Claim 6, Kamiyama as modified teaches the invention of Claim 1 (Refer to Claim 1 discussion). Kamiyama as modified also teaches wherein the plurality of clip bosses (Del Zotto: 78) of a first of the plurality of longitudinal manhole segments are aligned with the plurality of clip bosses (Del Zotto: 78) of a second of the plurality of longitudinal manhole segments (Kamiyama – Paragraph 0102: “For the coupling of the upper and lower segments 100 in the pipe longitudinal direction, there is a method that aligns each end plate of each segment, and there is also a method that offsets each end plate of each segment”; Figure 12).
As to Claim 7, Kamiyama as modified teaches the invention of Claim 6 (Refer to Claim 6 discussion). Kamiyama as modified also teaches wherein the plurality of clip bosses (Del Zotto: 78) of the first of the plurality of longitudinal manhole segments are connected with the plurality of clip bosses (Del Zotto: 78) of the second of the plurality of longitudinal manhole segments using at least one clip (Del Zotto: 78).
As to Claim 8, Kamiyama as modified teaches the invention of Claim 9 (Refer to Claim 9 discussion). Kamiyama as modified also teaches wherein the at least one clip (Del Zotto: 78) comprises notches (Del Zotto: 80, 81) configured to engage with the plurality of clip bosses of the first of the plurality of longitudinal manhole segments and the plurality of clip bosses of the second of the plurality of longitudinal manhole segments.
As to Claim 9, Kamiyama as modified teaches the invention of Claim 1 (Refer to Claim 1 discussion). Although Kamiyama as modified is silent about wherein a diameter of the manhole assembly is 48 inches, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to make the diameter of 48 inches since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level or ordinary skill in the art.
Claims 10-14 and 17-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kamiyama et al (U.S. Patent Application Publication No. 2010/0008729) in view of Hofmann (U.S. Patent Application Publication No. 2006/0153640).
As to Claim 10, Kamiyama discloses a manhole assembly comprising:
A plurality of interconnected longitudinal manhole segments (Left 9, Right 9; Figure 10), wherein each of the plurality of longitudinal manhole segments comprise:
A first edge (Edge of Right 9) comprising a plurality of dowel pins (11);
A second edge (Edge of Left 9) comprising a plurality of dowel holes (Left 34);
A curved wall (Curved walls of 9) extending between the first edge and the second edge.
However, Kamiyama is silent about a plurality of hinges extending periodically along the first edge and the second edge. Hofmann discloses a manhole assembly with a plurality of hinges (13) extending periodically along a first edge and a second edge (“Along” is being interpreted as “in a line matching the length or direction of”. The hinges are in a line matching the direction of the edges -i.e. parallel-) usable in manhole assemblies (Paragraph 0032: “For example, a pipe with a large cross section can be put through smaller openings, for example manholes, in pieces and only then assembled”). Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to provide a plurality of hinges extending periodically along the first edge and the second edge. The motivation would have been to further secure and articulate the segments together.
As to Claim 11, Kamiyama as modified teaches the invention of Claim 10 (Refer to Claim 10 discussion). Kamiyama as modified also teaches wherein the manhole assembly further comprises a gasket (Kamiyama – Paragraph 0094: “By coating the interfitted part with a sealing material (not shown) beforehand, the watertightness of the coupled parts can be enhanced more”) between each of the plurality of longitudinal manhole segments.
As to Claim 12, Kamiyama as modified teaches the invention of Claim 10 (Refer to Claim 10 discussion). Kamiyama as modified also teaches wherein an inner surface of the curved wall comprises a plurality of vertical reinforcements (Kamiyama: 9c) and a plurality of horizontal reinforcements (Kamiyama: 9b).
As to Claim 13, Kamiyama as modified teaches the invention of Claim 10 (Refer to Claim 10 discussion). Kamiyama as modified also teaches wherein the plurality of interconnected longitudinal manhole segments comprises three longitudinal manhole segments (Kamiyama: Figure 10).
As to Claim 14, Kamiyama as modified teaches the invention of Claim 10 (Refer to Claim 10 discussion). Kamiyama as modified also teaches wherein the plurality of hinges (Hofmann: 13) of a first of the plurality of longitudinal manhole segments are aligned with the plurality of hinges of a second of the plurality of longitudinal manhole segments (Kamiyama – Paragraph 0102: “For the coupling of the upper and lower segments 100 in the pipe longitudinal direction, there is a method that aligns each end plate of each segment, and there is also a method that offsets each end plate of each segment”; Figure 12).
As to Claim 17, Kamiyama as modified teaches the invention of Claim 10 (Refer to Claim 10 discussion). Although Kamiyama as modified is silent about wherein a diameter of the manhole assembly is 48 inches, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to make the diameter of 48 inches since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level or ordinary skill in the art.
As to Claim 18, Kamiyama as modified teaches the invention of Claim 10 (Refer to Claim 10 discussion). Kamiyama as modified also teaches wherein the plurality of longitudinal manhole segments are connected by living hinges (Hofmann: 13).
As to Claim 19, Kamiyama as modified teaches the invention of Claim 18 (Refer to Claim 18 discussion). Kamiyama as modified also teaches wherein the living hinges (Hofmann: 13) are integral to the plurality of longitudinal manhole segments.
As to Claim 20, Kamiyama as modified teaches the invention of Claim 18 (Refer to Claim 18 discussion). Kamiyama as modified also teaches wherein a plurality of hinge pins (Hofmann: 18) are installed adjacent to the living hinges (Hofmann: 13).
Claims 15 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kamiyama et al (U.S. Patent Application Publication No. 2010/0008729) in view of Hofmann (U.S. Patent Application Publication No. 2006/0153640); and further in view of Khodosh et al (U.S. Patent No. 3,749,352).
As to Claim 15, Kamiyama as modified teaches the invention of Claim 14 (Refer to Claim 14 discussion). Kamiyama as modified also teaches wherein the plurality of hinges (Hofmann: 13) of the first of the plurality of longitudinal manhole segments are connected with the plurality of hinges of the second of the plurality of longitudinal manhole segments. However, Kamiyama as modified is silent about using at least one hinge pin. Khodosh discloses the use of hinge pins (Hinge pins between 7 and 9) between two segments (7, 9). Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill to make the hinge with hinge pins since the substitution of one known connector for another would have yielded the predictable result of connecting the elements together via pivoting.
As to Claim 16, Kamiyama as modified teaches the invention of Claim 15 (Refer to Claim 15 discussion). Kamiyama as modified also teaches wherein the at least one hinge pin (Khodosh: Hinge pins between 7 and 9) is placed through the connected plurality of hinges.
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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/EDWIN J TOLEDO-DURAN/Primary Examiner, Art Unit 3678
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