IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
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`Docket No.: 1943903323
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`(PATENT)
`
`In re Inter Partes Review Request for:
`US. Patent No. 8,667,991
`
`Issued: March 11, 2014
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`Docket No.: Not Yet Assigned
`
`For: DEVICE AND METHOD FOR REPAIRING
`PIPE
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`DECLARATION OF DAVID FLETCHER
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`1.
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`My name is David Fletcher, and I am over 18 years of age, of sound mind, and fully
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`competent to make this declaration. I have personal knowledge of the facts stated herein and if
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`called upon to do so, I could competently testify thereto.
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`2.
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`I have a Bachelor of Science degree in Civil Engineering from Virginia Tech
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`University. I have 27 years of relevant industry experience. During these 27 years, I have acted as an
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`on—site project manager for pipe line repairs, developed pipe liners to be used for cured—in—place
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`repairs, and engineered pipe liners and pipeline repair devices. Because of this broad practical and
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`technical experience, I am well aware of the state of the art at the art during the relevant time period.
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`These experiences have also given me a great deal of insight into the usage of cured-in—place pipe
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`liners and how these systems would have been routinely modified for unique technical on—site
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`challenges. I additionally understand how one of ordinary skill in the art—one having at least an
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`undergraduate degree in engineering and/ or ten years of experience in the plumbing, pipe repair
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`and/ or pipe installation industrywwould have viewed and understood pipe liner products and
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`systems at the time of the alleged invention. My curriculum vitae is attached as Exhibit 1.
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`3.
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`I have reviewed the patent prosecution history of the Patent and the references
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`denoted therein. I have also reviewed the prior art and a draft of the Petition to institute an Inter
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`Partes Review (the "Petition"). I provide the following remarks as one of at least ordinary skill in the
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`field of cured—in-place pipe repair and pipe liner systems. To the extent I have a skill greater than the
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`average practitioner in this art, I am familiar with the knowledge and background of one of ordinary
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`skill in this art both now and at the time of the invention disclosed in US. Patent No. 8,667,991
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`("the '991 patent") referenced as Ex. 1101 in the Petition. My comments are based on the currently
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`claimed invention.
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`Background of the '991 patent
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`4.
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`The ‘991 patent claims devices and methods for repairing pipes. ('991 patent at Title
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`and Abstract). The alleged invention of the ‘991 patent is a device for repairing the juncture between
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`a main pipeline and a lateral pipeline, comprising a main line member, a lateral line member made of
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`resin absorbent material, a hydrophilic gasket or gasket of similar impermeable compressible
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`material surrounding a portion of both the lateral line and the main line members, a seal between the
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`host pipe and the liner assembly resulting from the gasket swelling in response to exposure to a
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`liquid. (Eg, '991 patent at 2:30-48).
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`5.
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`The alleged invention of the '991 patent utilizes a gasket that includes a tubular
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`portion. (Eg, '991 patent at 3:62—4:16; Fig. 2). The gasket also includes a flange portion. (Eg, '991
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`patent at 3:62—4:16; Fig. 2). The gasket and the flange portion can be made of various impermeable
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`compressible materials such as urethane, silicone rubber, or SVVELLSEALTM products. (13g, '991
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`patent at 3:53—427; 4:40—45).
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`6.
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`Pipe repair techniques and devices with these characteristics were well known in the
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`prior art before the filing of the application that resulted in the ‘991 patent.
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`7.
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`Pipe repair techniques using "cured in place" techniques were also well known in the
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`prior art before the filing of the application that resulted in the '991 patent.
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`8.
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`Independent Claim 1 requires an apparatus for repairing a main pipe line and a lateral
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`pipe line connected thereto and in communication therewith to form a pipe joint.
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`Application of the prior art and obviousness of the '991 patent
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`9.
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`l have been instructed by counsel on the law regarding obviousness and understand
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`that the person of ordinary skill in the art is presumed to have comprehensive knowledge of all the
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`pertinent prior art as of the priority date of the patent claim, and that a person of ordinary skill in
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`the art provides a reference point from which the prior art and claimed invention should be viewed.
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`I understand that “hindsight reconstruction”, where the '991 patent disclosure is used as a roadmap
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`to the combination of references, cannot be used to combine references together to reach a
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`conclusion of obviousness.
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`10.
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`I also understand that an obviousness determination includes the consideration of
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`various factors such as (1) the scope and content of the prior art, (2) the differences between the
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`prior art and the asserted claims, (3) the level of ordinary skill in the pertinent art, and (4)
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`the
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`existence of secondary considerations, objective evidence (secondary indicia) of non—obviousness, to
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`the extent such evidence exists.
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`11.
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`I have been informed and understand that
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`the obviousness analysis requires a
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`comparison of the properly construed claim language to the prior art on a limitation—by~limitation
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`basis.
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`12.
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`I am informed and understand that the obviousness analysis also generally requires
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`an explanation of some underlying rationale as to why it would have been obvious to make the
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`proposed modification of the prior art. I have been informed of some exemplary rationales that, in
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`the appropriate circumstance, may support an obviousness determination.
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`13.
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`For example, I am informed that the combination of familiar elements according to
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`known methods is likely to be obvious when it does no more than yield predictable results. In other
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`words, when a claim simply arranges prior art elements with each performing the same function it
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`had been known to perform and yields no more than one would expect from such an arrangement,
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`such a combination is obvious. Moreover, when a patent claims a structure already known in the
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`prior art that is altered by the mere substitution of one element for another known in the field, the
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`combination is likely to be obvious unless the combination yields an unpredictable result. I am
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`informed that a corollary principle is that when the prior art clearly teaches away from combining
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`certain known elements, a claim directed to a discovery of a successful means of combining them is
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`more likely to be non—obvious.
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`14.
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`I am informed that when a work is available in one field of endeavor, design
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`incentives and other market forces can prompt variations of it, either in the same field or a different
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`one. If one of ordinary skill in the art would have been able to implement a predictable variation,
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`such a variation is likely unpatentable. For the same reason, if a technique has been used to improve
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`one device, and one of ordinary skill in the art would recognize that it would improve similar devices
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`in the same way, using the technique is obvious unless its actual application is beyond his or her skill.
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`I understand that one question to consider is whether the improvement is more than the predictable
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`use of prior art elements according to their established functions. Another question to consider is
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`whether there are a finite number of identified, predictable solutions such that it would be obvious
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`to try one or more of the available solutions.
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`15.
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`I understand that a claim can be obvious in light of a single reference, without the
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`need to combine references, if the elements of the claim that are not found explicitly or inherently in
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`the reference can be supplied by the common sense of one of skill in the art.
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`16.
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`It is further my understanding that a proper obviousness analysis focuses on what
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`was known or obvious to a person of ordinary skill in the art, not just the patentee.
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`I also
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`understand that, when considering a reference for purposes of an obviousness analysis, the reference
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`must be taken for everything it teaches. 1 am informed that, when determining whether a claimed
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`combination is obvious, the correct analysis is not whether one of ordinary skill in the art, writing on
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`a blank slate, would have chosen the particular combination of elements described in the claim.
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`Instead, I understand that the correct analysis considers whether one of ordinary skill, facing the
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`wide range of needs created by developments in the field of endeavor, would have seen a benefit to
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`selecting the combination claimed.
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`17.
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`The prior art references, either alone or in combination, render all of the limitations
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`of the claims of the '991 patent obvious. This is because one of ordinary skill in the art would have
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`been motivated to maximize the sealing properties at the junction of a main pipe line and lateral pipe
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`line because leaks most frequently occur at this junction. One of ordinary skill in the art would have
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`also been familiar with inversion/eversion procedures that use bladders to position sealing/repair
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`materials at this junction and would have considered using the well—known and similarly purposed
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`materials claimed by the '991 patent. As such, one of ordinary skill in the art would have understood
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`all of the claimed features of the '991 patent to be obvious when viewed in light of the prior art. The
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`following discussion will highlight portions of some relevant prior art references and will discuss
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`how one of ordinary skill in the art would envisage the scope of the prior art.
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`18.
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`Both US. Patent No. 6,994,1181 ("EX. 1102") and US. Patent No. 5,794,6632 ("Ex
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`1103") disclose systems and methods for repairing main pipe lines with connected lateral pipelines.
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`EX. 1102 discloses an apparatus and methods of using “an apparatus for repairing a main pipe line
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`and a lateral pipe line connected thereto in communication therewith to form a pipe joint. ...” (EX.
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`' Referred to as Ex. 1102 in the Petition and will be hereinafter referred to as such.
`2 Referred to as Ex. 1103 in the Petition and will be hereinafter referred to as such.
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`1102, Claim 1; Claim 6 and 8; Abstract; Figs. 2—3). Ex. 110?. discloses repairing a main pipe line
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`having a lateral pipe line connected thereto at a pipe joint. (Eg, EX. 1102 at Abstract; 2:50—55). It
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`would have been obvious to one of ordinary skill in the art at the time of the invention to combine
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`EX. 1102 and EX. 1103 as they both relate to repairing pipes with lateral pipe lines.
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`19.
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`EX. 1102 discloses that a hydrophilic material may be used as a component of the
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`pipeline repair.
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`(Ex.
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`1102 at
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`2:17—20,
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`5:28—30,
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`5:52—55). EX.
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`1102 recommends use of
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`SWELLSEALTM (Ex. 1102 at 2:17—20, 5:28—30, 5:52—55), which is disclosed in the ‘991 patent. ('991
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`patent at 4:49-54). SW'ELLSEALTM was a well—known material that could readily and easily be
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`substituted for or combined with other types of gasket/ flange materials such as urethane or silicone
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`rubber.
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`(Ex. 1102 at 2:17~20, 5:28—30, 5:52—55). Also, as discussed £7994, SWELLSEALTM would
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`readily take the shape of its surroundings during the repair when compressed with a bladder
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`assembly. During curing and when it is fully cured, SWELLSEALTM would form a gasket with a
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`flange portion as depicted in the '991 patent. (See iiy‘m, at 1“] 32—38).
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`20.
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`Furthermore, it would have been obvious to one of ordinary skill in the art at the
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`time of the invention to use a well—known hydrophilic paste to seal one or more locations,
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`particularly known weak portions of the pipe system. (See, eg, EX. 1102 at 2:17—20, 5:28-30, 5:52—55).
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`In fact, the '991 patent further teaches that lateral pipe lines are connected to main pipe lines. (fig,
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`'991 patent at 1:25—26). Often, damage occurs at the junction between the lateral pipe line and the
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`main pipe line. ('991 patent at 1:26—27; Jae EX. 1103 at 2:28—34; 2:62—65; 4:20—21; Ex. 11094110). T—
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`shaped or Y~shaped liner tubes have been utilized to fit within the junction between the lateral pipe
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`line and the main pipe line. ('991 patent at 1:27—29). Liner tubes form a T-shaped or Y—shaped liner
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`after hardening (22a, curing) to the interior of the junction between the lateral pipe line and the main
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`pipe line. (‘991 patent at 1:29—32). Ground water outside the lateral pipe line and the main pipe line
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`infiltrates through the damaged portion of the pipe line and migrates between the liner tube and the
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`pipe line to a point where it can enter the pipe line.
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`('991 patent at 1:33—36). To prevent this
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`infiltration of ground water, the '991 patent suggests using a liner tube adhered to the interior
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`surface of the pipe line being repaired. ('991 patent at 1:36—39). Obtaining an adhesive bond between
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`the liner tube and the interior of the pipe being repaired can present challenges unique to particular
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`repairs. ('991 patent at 1241—43). Even in those instances where the interior of the pipe line is suitable
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`for accepting a liner, shrinkage of the liner can occur, which creates a gap that allows ground water
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`to flow around the liner and eventually infiltrate the pipe line. ('991 patent at 1:52—55). For example,
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`thermoset resins are used in cured—in—place pipe applications to form the liner to the interior of the
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`pipe line. These thermoset resins tend to shrink during the curing process, thus creating a gap
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`between the liner and the pipe. ('991 patent at 1:55—60). One of ordinary skill in the art would have
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`been motivated to use the different hydrophilic materials to create a water tight seal between the
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`interior of the original pipeline and the new liner pipe at the juncture between the main line and
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`lateral line at least at weak points in the pipe system, such as junctions, as will be discussed infra.
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`21.
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`Ex. 1102 discloses a bladder assembly comprising a main bladder tube and a lateral
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`bladder tube that extends from the main bladder tube. Ex. 1102 discloses a bladder assembly that
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`includes “a main bladder tube” and “a lateral bladder tube.” (13.3., Ex. 1102 at 313-8; 3:29-35; 4:31-
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`33; Fig. 3). Furthermore, “[t]he main pipe line and the lateral pipe line are joined together in a y—
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`shaped configuration with the lateral pipe line extending in an oblique direction away from the main
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`pipe line... the bladder assembly [is] also y-shaped in configuration and conform generally to the y—
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`shaped configuration of the lateral pipe line and the main pipe line.” (Ex. 1102 at 323—8; 3:29—35;
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`4:31—33; Fig. 3). Cured-in-place pipe repair devices and inflatable bladder systems are able to be
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`pulled or driven through pipes, which allows for a launcher device opening containing a gasket to be
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`positioned in proximity to a lateral pipe using a camera and video image. (See, 6.3., EX. 1102 at 4:62—
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`5:4). Once the launcher is in position, the repair of the lateral pipe and the main line/lateral line
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`junction can occur.
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`22.
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`Ex. 1102 discloses a liner assembly comprising a main liner member at least partially
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`surrounding the main bladder tube and a lateral liner tube extending from the main liner member.
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`EX. 1102 discloses a liner assembly that comprises “a main liner tube” and “a lateral bladder tube.”
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`(13g, Ex. 1102 at 3:3—8; 3:29—35; 4:31—33; Fig. 3). “The main pipe line and the lateral pipe line are
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`joined together in a y—shaped configuration with the lateral pipe line extending in an oblique
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`direction away from the main pipe line. . .. The liner assembly [is] also y-shaped in configuration and
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`conform generally to the y-shaped configuration of the lateral pipe line and the main pipe line.” (EX.
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`1102 at 3:3—8; 3:29—35; 4:31-33; Fig. 3).
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`23.
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`EX. 1102 discloses that the lateral liner tube and lateral bladder tube extend to a
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`position within the lateral pipe line with the lateral liner tube between the lateral pipe line and the
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`lateral bladder tube. EX. 1102 discloses “the lateral bladder tube and the lateral liner tube being
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`within the lateral pipe line... and with the lateral liner tube being between the lateral pipe line and
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`the lateral bladder tube.” (13g, EX. 1102 at 2:51-54; 4:43—45; 4:65 ~— 5:3; Claim 1).
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`24.
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`Ex. 1102 discloses a gasket comprising a hydrophilic rubber. Ex. 1102 discloses a
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`hydrophilic band “made of a material which is hydrophilic” such as “SWELLSEAL” that is
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`“stretchable in the same fashion as rubber bands.” (13g, EX. 1102 at 2:17—20; 5:28-30; 5:52—55).
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`DeNeef 2006 discloses that SWELLSEALTM is “rubbery” after it cures. (Jig, Ex. 1104 at p. 1).
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`DeNeef 200?. discloses that SWELLSEALTM is available as “rubber shapes.” (Eg, EX. 1105 at p. 2).
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`25.
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`The ‘991 patent teaches that the gasket, such as recited in Claim 1, can be a band
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`(fig, '991 patent at Abstract), and that the gasket can be made of SWELLSEALTM. (fig, EX. 1101 at
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`4:49-55). It would have been obvious to one of ordinary skill in the art at the time of the invention
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`to combine the teachings of Ex. 1104 with Ex. 1102 and EX. 1103 because it was well known to use
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`SVVELLSEALTM and similar materials at the time of the alleged invention for sealing pipe lines and
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`pipe junctures. (Hg, EX. 1102 at 2:17-20; 5:28-30; 5:52—55).
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`26.
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`EX. 1102 also discloses that the gasket is positioned at least partially surrounding the
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`main liner member and the lateral liner member between the main liner member and the pipe joint.
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`EX. 1102 discloses a hydrophilic band is “wrapped around the main liner tube” and “surrounding
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`the lateral liner tube” (Jig, EX. 1102 at 4:53—54; 3:36—38). EX. 1102 teaches the incorporation of
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`multiple tubular hydrophilic seals (EX. 1102 at 5:28~6:5), thus one of ordinary skill in the art would
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`understand the teachings of Ex. 1102 to include multiple positions of hydrophilic seals that may
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`incorporate varying amounts of sealing material. One of ordinary skill in the art would have
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`understood that placing a tubular portion of a hydrophilic sealing material near the liner juncture
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`would improve the sealing characteristics of the repair device because one would be motivated to
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`maximize the sealing material at the junction of the main pipe and the lateral pipe. (See, erg, EX. 1103
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`at 2:26—32) Thus, one of ordinary skill in the art would find this limitation obvious in light of the
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`disclosure of EX. 1102. Moreover, one of ordinary skill in the art would have known that placing a
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`tubular sealing material into the repair apparatus as described and inflating the liner would lead to
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`the formation of a flange as the tubular sealing material was squeezed between the pipe and the liner.
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`(See, infra, llll 32-3 8).
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`27.
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`Ex. 1103 discloses a gasket “positioned at the juncture between the lateral sewer pipe
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`and the main line sewer pipe.” (13.3., EX. 1103 at 4218-22). The positioning of the gasket in EX. 1103
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`would have the benefit of more completely sealing the junction between the main line pipe and the
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`lateral line pipe, which is one of the weakest points of the pipe system. (See, tag, EX. 1103 at 2:26—32).
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`Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention
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`to place the band or seal of EX. 1103 at the position disclosed in EX. 1103 to form a gasket at the
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`main pipe and lateral pipe junction to improve sealing properties and reduce damage caused by
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`water infiltration. (See, tag, EX. 1103 at 2:26—32).
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`28.
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`EX. 1102 teaches that the gasket can swell in reaction to contact with a liquid. EX.
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`1102 discloses a hydrophilic band “made of a hydrophilic material capable of swelling. . .in response
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`to being exposed to the liquid.” (Eg, Ex. 1102 at 2:47—50; 2:65—67; 3:39-43; 5:27—31). EX. 1102 also
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`recommends use of S\X/ELLSEALm (Eg, Ex 1102 at 2:17—20, 5:28—30, 5:52-55). EX. 1104 discloses
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`that S\X/ELLSEALTM “swells in the presence of moisture or water.” (Hg, EX, 1104 at p. 1). Clearly,
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`SVVELLSEALTM is a gasket material that swells in reaction to contact with a liquid. DeNeef 2006
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`discloses that SW/ELLSEALTM “swells in the presence of moisture or water.” (13g, EX. 1104 at p. 1).
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`DeNeef 2002 discloses that SWELLSEALTM “expand[s] upon contact with water.” (Hg, EX. 1105 at
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`p. 2). Clearly, SWELLSEALTM is a gasket material that swells in reaction to contact with a liquid.
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`29.
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`Claims 2, 3 and 4 are obvious under 35 U.S.C. § 103 over EX. 1102, alone or in
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`combination with EX. 1103 in View of EX. 1104 and EX. 1105 in further View of Ex. 1106 in further
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`View of EX. 1107 in further View of EX. 1108 in further View of EX. 1109 in further view of EX.
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`1111. As discussed for Claim 1 above, EX. 1102 and Ex. 1103 both disclose methods and systems
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`for repairing pipe systems having main pipes and lateral pipes connected thereto.
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`30.
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`With respect to Claims 2, 3, and 4, these claims are generally directed toward the
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`inclusion of a tubular portion and a flange portion as a part of the gasket. The features of dependent
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`Claims 2-4 would have been obvious to one of ordinary skill in the art in light of EX. 1102. This is
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`because the tubular portion and the flange portion would form as a result of routine modification of
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`the placement of sealing materials during pipe repairs and one of ordinary skill in the art would have
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`been motivated to position the gasket material to form the features of Claims 2—4. This will be
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`discussed with greater particularity in the paragraphs that follow.
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`31.
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`It would have been obvious to one of ordinary skill in the art to include a gasket with
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`a tubular portion having a first and second end and a flange portion extending outwardly from one
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`of the first and second ends of the tubular portion to increase the non—permeable material and
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`thereby decrease the potential for liquid egress into the finished repair. Ex. 1102 teaches the
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`incorporation of multiple tubular hydrophilic seals (Ex 1102 at 5228—615), thus one of ordinary skill
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`in the art would understand the teachings of Ex. 1102 to include multiple positions of hydrophilic
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`seals that may incorporate varying amounts of sealing material. One of ordinary skill in the art would
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`have understood that placing a tubular portion of a hydrophilic sealing material near the liner
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`juncture would improve the sealing characteristics of the repair device because one would have been
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`motivated to maximize the sealing material at the junction of the main pipe and the lateral pipe. (See,
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`eg, Ex. 1103 at 2:26-32; 586 alto, Ex. 1109 at 2:22-28, 9:41 —48; EX. 1110 at 1:48—54). To the extent that
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`Ex. 1102 would not lead one of ordinary skill in the art to immediately envisage the incorporation of
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`a tubular portion and a flange portion as claimed in Claims 2-4, one of ordinary skill in the art would
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`have found the inclusion of a tubular portion having a first and second end and a flange portion to
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`be obvious. One of ordinary skill in the art would have also known that flanges are a common form
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`of connecting and interfacing, which is frequently used in pipe applications.
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`(See, 613., Ex. 1107 at
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`12:30-34). One of ordinary skill in the art also would have known that placing a tubular sealing
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`material into the repair device and inflating the liner would lead to the formation of a flange as the
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`tubular sealing material was squeezed between the pipe and the liner. (See, 3.3., Exs 1104 and 1108).
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`32.
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`Gaskets and flanges are not limited to any particular structure. A typical example of a
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`gasket used with pipes is one that is donut-shaped or ring—shaped but gaskets can take on many
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`shapes depending upon their application. A gasket is often placed between flanges to produce a
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`liquid or air tight seal and the flange portion provides added structural integrity. (See, sag, Ex. 1107 at
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`12:30—34). Flanges and gaskets do not have to be mutually exclusive items, however. In other words,
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`a flange may contain a gasket and vice versa. These terms are not particularly limited and will usually
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`take on their definition depending on the particular application in which they are being used.
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`33.
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`This is because flanges allow for increased surface area for contact, producing
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`improved strength characteristics and greater ability to inhibit liquid egress because of the increased
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`area. One of ordinary skill in the art would also have understood that during pipe repair, the
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`expansion of the main liner tube and lateral liner tube would impart force onto the hydrophilic
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`sealing material, thus, compressing the seal material between the tube wall and the pipe wall while
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`the hydrophilic sealing material swelled in the lateral direction. (See, ag, Ex. 1102 at 5:52-65). This
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`compression occurring at the same time the sealing material swells would produce flange—like
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`portions because the sealing material would spread out and mimic the shape of its surroundings, tag,
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`a pipe junction. (See, ag, Ex. 1104; Ex. 1107 at 1213064; Ex. 1108). Even if a flange did not form
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`naturally during the repair process, its benefits would have motivated a practitioner to add a
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`flange to the gasket. SWELLSEALTM is particularly well-suited for pipe repair applications and to
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`be used as a flange and/ or gasket material because it is a hydrophilic mastic. (See, ag, Ex. 1108).
`
`Hydrophilic mastics are adhesives that swell when exposed to water.
`
`(See,
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`e.<g., Ex. 1104). These
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`materials then cure but still retain some compressibility even after curing.
`
`(See,
`
`e.<g., Ex. 1104; Ex.
`
`1108). Because these materials swell when exposed to water,
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`they will
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`take the form of their
`
`surroundings, fill in gaps, and grow into open or interstitial spaces. (See,
`
`(2.3., Ex. 1104). For example,
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`SV‘VELLSEALTM will expand around joints or junctions of main and lateral pipe lines and seal any
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`cracks.
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`(See, erg, Ex. 1104). In the context of the claims of the '991 patent, SWELLSEALTM will
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`readily form flattened, tubular and flange-like portions when it is applied to a pipe junction while
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`using a launcher device such as the one depicted in Ex. 1102. This is because this launcher device
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`utilizes an inverting/evening portion that expands into a lateral pipe when the bladder is filled with
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`air or liquid. When this occurs, SWELLSEALTM will be compressed against the pipes and pipe
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`junctions, thus forming the claimed structure. (See 4/50, ill m, 111] 32—38). One of ordinary skill in the
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`art would have readily combined the teachings of Exs. 1102—1109 and 1111 because these prior art
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`references were all directed toward cured—in-place pipe repair techniques and one of ordinary skill in
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`the art would have recognized the advantages of using materials such as SVVELLSEALII‘M (discussed
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`in EXS. 1104, 1105, and 1108) because EX. 1102 recommends the use of this material in the same
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`manner as disclosed in the ‘991 patent. (Iiy‘m, 1H] 24, 26—28).
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`34.
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`One of ordinary skill in the art would have been motivated to position a gasket so
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`that it would invert and cradle the interface at the junction of the main pipe line and lateral pipe line
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`and form a flange portion. (See, (Lg, Ex. 1103 at 2:26—32; EX. 1109 at 2:22—28, 9:41—48; EX. 1110 at
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`1:48—54; Ex. 1103, Fig. 16 gasket 150). The ordinarily skilled artisan would have understood that
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`leakages most frequently occur at pipe junctions (z. a, at the interface of the main pipe and the lateral
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`pipe) and would have been motivated to incorporate a gasket and flange in this area to avoid
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`potential leakage and water seepage. (See, 6.3, EX. 1103 at 2226-32; EX. 1109 at 2:22—28, 9:41—48; Ex.
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`1110 at 1:48—54; EX. 1103, Fig. 16 gasket 150). A gasket or ring of hydrophilic sealing material
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`positioned at this junction would be compressed during inflation of a bladder tube, thus forming a
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`flange portion about the juncture and producing a snug, strong, and effective seal.
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`(See, eg, EX.
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`1108). As such, one of ordinary skill in the art would have found it obvious to include a tubular
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`portion of the hydrophilic seal material at the junction of the main liner pipe and the lateral liner
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`pipe to improve the fluid sealing properties and to improve the strength of the interface of the
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`hydrophilic seal, thus forming gaskets and flanges as presented in Claims 2—4 of the '991 patent. One
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`of ordinary skill in the art would have understood to modify the positioning and apportionment of
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`the gasket, namely,
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`the positioning of the impermeable sealing material. For example, one of
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`ordinary skill in the art would have found it obvious to incorporate a gasket (6g, hydrophilic sealing
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`material) that would be invertible through the launcher device opening to an inverted position
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`outside the launcher device because this would increase the strength of the seal, thus providing an
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`improved seal along with forming a flange portion.
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`(See EX. 1109 at 9:31—10:65; Ex. 1111 at 7:60-
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`8:25).
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`35.
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`In the context of applications
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`such as
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`those disclosed in the '991 patent,
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`SVOELLSEALTM and other adhesive mastics may also be applied onto a liner just prior to insertion
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`of the launching device into a pipe. A particular example of this would be when sealing/repair
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`material is applied using a caulking gun around the launcher device opening while the lateral member
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`is still in the inverted position, therefore positioned on the inside of the main member. Using a
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`caulking gun is often preferred because it is often easier to apply the material than to use a tape—like
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`material at the junction to be formed. The material would be applied in a ring (zle. gasket) at the
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`launcher device opening because this round shape would correspond with the opening in the main
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`pipe bladder and lateral pipe. (See Ex. 1102 Figs. 13); EX. 1106 at Fig. 3, 4:22—27). Upon inflation, the
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`lateral member would invert/evert into the lateral pipe thereby forcing the gasket of material against
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`the inner walls of the pipes, and thus form a gasket with a flange portion between the liner tube and
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`the inner wall of the main and lateral pipes. (See EX. 1102 Figs. 1~3).
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`36.
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`Furthermore, one of ordinary skill in the art would have understood the motivation
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`to position the gasket so that it would invert and cradle the interface at the junction of the main pipe
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`line and lateral pipe line thereby protecting the junction and forming a better watertight seal.
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`(See,
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`erg, Ex. 1103 at 2:26—32; EX. 1109 at 2:22-28, 9:41—48; EX. 1110 at 1:48—54; EX. 1103, Fig. 16 gasket
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`150). By making the gasket invertible as the lateral liner tube was inverted, this would allow for the
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`gasket to be compressed at the pipe junction, which would produce a snug, strong, and effective
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`seal. (See, Lag, EX. 1103 at 2:26-32; EX. 1109 at 2:22—28, 9:41-48; Ex. 1110 at 1:48—54; EX. 1103, Fig.
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`16 gasket 150). Invertible/evertible bladders allow for effective deposition of sealing materials at
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`pipe junctions while allowing for safe transport of the sealing gasket. By placing the gasket on the
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`exterior of the main liner member and the lateral liner tube, this would allow for the gasket and the
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`flange portion to remain at the junction, thus maintaining the seal after removal of the launcher
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`device.
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`(See Ex. 1102 Figs. 1—3; Ex. EX. 1103, Fig. 16 gasket 150 at juncture). Moreover, one of
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`ordinary skill in the art would have understood that inverting the bladder and consequently the
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`repair/ sealing material would allow for safe transport to the repair location and would also protect
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`the bladder and repair material while maneuvering the launcher device within the main pipe line.
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`(See, sag, Ex. 1107 at 13:4—10; EX. 1102 at 4:62-524). As discussed .rz/pm, one of ordinary skill in the art
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`would have also been motivated to position repair/sealing material at the junction of the main pipe
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`line and the lateral pipe line. One of ordinary skill in the art would have thus understood that a
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`gasket (erg, sealing material positioned at the pipe junction) would form a flange when the bladder
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`was expanded into a lateral pipe line, which would form the structure claimed in dependent Claims
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`2—4.
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`37.
`
`One of ordinary skill
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`in the art would recognize that
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`the gasket, made of
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`compressible material, would be squeezed and compressed when an inflatable bladder such as the
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`one depicted in the '991 patent was used, and that the gasket is known to flatten somewhat and
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`thereby fo