PTAB

IPR2015-00721

BLD Services LLC v. LMK Enterprises Inc

Log In
Key Events
Petition
petition

1. Case Identification

2. Patent Overview

  • Title: Apparatus and Method for Repairing Pipe Junctures
  • Brief Description: The ’726 patent discloses devices and methods for repairing the juncture between a main pipeline and a lateral pipeline. The invention utilizes a resin-absorbent liner assembly and a hydrophilic, impermeable, and compressible gasket which swells upon exposure to liquid to create a fluid-tight seal at the pipe joint.

3. Grounds for Unpatentability

Ground 1: Obviousness over Kiest ’118, Kiest ’663, and Additional Sealing References - Claims 1-9, 11, 12, and 16-26 are obvious over Kiest ’118, Kiest ’663, DeNeef, Kempenaers, Blackmore, Tweedie, and Kiest ’079.

  • Prior Art Relied Upon: Kiest ’118 (Patent 6,994,118), Kiest ’663 (Patent 5,794,663), DeNeef (Technical Information Waterstops, SWELLSEAL® WA, Mar. 2006), Kempenaers ("The pressure resistance of SWELLSEAL Sealant WA," Sep. 2005), Blackmore (Patent 7,135,087), Tweedie (Patent 5,915,419), and Kiest ’079 (Patent 6,039,079).
  • Core Argument for this Ground:

    • Prior Art Mapping: Petitioner argued that the combination of primary references Kiest ’118 and Kiest ’663 disclosed all key elements of the challenged claims. Kiest ’118 taught the foundational apparatus for repairing main-to-lateral pipe junctures, including a main and lateral bladder tube assembly, a corresponding main and lateral liner tube assembly made of resin-absorbent material, and the method of inverting the liner into place. Kiest ’118 also expressly suggested using hydrophilic materials, such as SWELLSEAL™, for seals.

    • Kiest ’663 complemented this by teaching the use of an open-cell foam gasket impregnated with a hydrophilic chemical grout, positioned at the pipe juncture to form a fluid-tight seal. This reference disclosed a compressible gasket that expands to seal, fulfilling a central limitation of the ’726 patent.

    • The secondary references were cited to demonstrate that the specific properties and form of the claimed gasket were well-known and obvious improvements. DeNeef and Kempenaers described the properties of SWELLSEAL™, a hydrophilic mastic cited in the ’726 patent itself, confirming it is compressible, swells in water, and forms a flange under pressure. This taught that using a known hydrophilic material would predictably result in the claimed sealing function.

    • Blackmore, Tweedie, and Kiest ’079 were used to show that incorporating a flange on a sealing member at a pipe juncture was a common and desirable feature in the art. These references taught that a flange improves the seal against water infiltration and that such components could be delivered via an invertible liner. For instance, Kiest ’079 disclosed a polymer tape seal with a flange that is fitted around the liner juncture in a manner Petitioner argued was mirrored in the figures of the ’726 patent.

    • For the method claims (e.g., 22-26), Petitioner mapped the steps of forming and inserting the liner/bladder assembly, impregnating the liner with resin, positioning a gasket, and inverting the assembly to the teachings of Kiest ’118 and Kiest '663, which collectively described these conventional cured-in-place pipe repair techniques.

    • Motivation to Combine: A POSITA would combine these references to solve the known problem of sealing main-to-lateral pipe junctures. The primary motivation was to improve the sealing capability of a standard pipe repair system like that in Kiest ’118. A POSITA would have looked to known sealing solutions, such as the hydrophilic gasket system in Kiest ’663, as a direct and logical improvement. Since Kiest ’118 already suggested using hydrophilic materials like SWELLSEAL™, a POSITA would be further motivated to consult references like DeNeef and Kempenaers to understand its properties. Finally, to enhance the seal's robustness, a POSITA would incorporate a flange, a known design feature for this purpose as shown by Blackmore, Tweedie, and Kiest ’079. All references operate in the same field and address interrelated aspects of the same technical problem.

    • Expectation of Success: A POSITA would have had a high expectation of success. The combination involved integrating known components using conventional techniques. The properties of hydrophilic materials like SWELLSEAL™—swelling upon contact with water to create a seal and forming a flange under compression—were well-documented and predictable. Therefore, applying a known hydrophilic, compressible, flanged gasket from the prior art to the pipe repair apparatus of Kiest ’118 would have been expected to successfully create a durable, fluid-tight seal at the pipe juncture.

4. Relief Requested

  • Petitioner requests institution of an inter partes review and cancellation of claims 1-9, 11, 12, and 16-26 of Patent 7,975,726 as unpatentable under 35 U.S.C. §103.