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 2-12 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.
Regarding claims 2, 5, and 11, the phrase "in particular" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
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) 1, 11, and 13 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Krasowski(DE 102010053079).
Krasowski discloses a device for curing a liner drawn into a pipe comprising a body(12), a traction coupling at one end(17), and a pneumatic coupling connected to the liner.(claims)
Regarding claim 11, Krasowski discloses a curing device set up to emit energy.(12)
Regarding claim 13, Krasowski discloses inverting the liner into a pipe, with the device attached to thew end of the liner and pulling the device back to the start point by a cable attached to the traction coupling(6) while radiating energy. Krasowski discloses the releasable coupling device(4) can be a pneumatic device, which means it is between the curing device and the liner and is opened to detach them from each other.
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) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Krasowski in view of Bichler et al.(US Publication 2018/0229424)
Kasowski only shows one curing device. Bichler et al. discloses it is known in the pipe liner arts to have more than one curing unit.(claim 23) It would have been obvious to one of ordinary skill at the time of filing to have more than one curing unit in Krasowski since this is known in the art as shown by Bichler et al. and since it is a simple duplication of parts.
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) 1-3, 6, 7, 9, and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shishido et al.(JP 2911330) in view of Krasowski.
Shishido et al. discloses a device for curing a pipe liner comprising a body with a pneumatic coupling at one end(126). The reference shows a coupling at the other end but does not disclose it is a traction coupling. Krasowski discloses a device for curing a pipe liner wherein the end connected to the pull cable is a traction coupling.(17) It would have been obvious to one of ordinary skill at the time of filing to have a traction coupling at the pull cable end since Shishido et al. does not describe that end in detail leading one in the art to look to similar structures and Krasowski discloses it is a traction coupling.
Regarding claim 2, the piston is arranged in the air cylinder.(123)
Regarding claim 3, the piston holds the liner in the first position and releases it in a second position.(Figure 9)
Regarding claim 6, a receiving element receives an end portion of the piston.(126a)
Regarding claim 7, the receiving element is formed in one piece with the body element.(Figure 9)
Regarding claim 9, a receiving space is present between the end of the cylinder and the receiving element.(Figure 9)
Regarding claim 10, an eyelet of the liner is insertable into the receiving space when the piston is in the second position, and the piston extends through the eyelet when it is in the first position.
Allowable Subject Matter
Claims 4, 5, and 8 would be allowable if rewritten 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 and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: regarding claim 4, the prior art does not teach or reasonably suggest the pneumatic cylinder having a piston which holds the liner when pressurized and releases it when the pressure is removed as Shishido et al. shows the opposite, i.e. it holds the liner when the pressure is not present and releases it when pressure is applied. Regarding claim 5, the prior art does not teach or reasonably suggest an elastic element applying a force on the piston. Regarding claim 8, the prior art does not teach or reasonably suggest the receiving element having a wedge shape or an opening into which the piston can be inserted. Shishido et al shows a recess, which is not an opening.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BARBARA J MUSSER whose telephone number is (571)272-1222. The examiner can normally be reached 7:30-4:30 M-Th; 7:30-3:30 second Fridays.
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BARBARA J. MUSSER
Primary Examiner
Art Unit 1746
/BARBARA J MUSSER/ Primary Examiner, Art Unit 1746
