PTAB

IPR2015-00723

BLD Services LLC v. LMK Enterprises Inc

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Petition
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1. Case Identification

2. Patent Overview

  • Title: Device and Method for Repairing Pipes
  • Brief Description: The ’991 patent is directed to a device for repairing the juncture between a main pipeline and a lateral pipeline. The device comprises a liner assembly and a hydrophilic gasket that swells upon exposure to liquid to form a water-tight seal between the liner and the host pipe.

3. Grounds for Unpatentability

Ground 1: Claims 2-4 are obvious over Kiest ’118, Kiest ’597, DeNeef 2006, DeNeef 2002, and Kiest ’079, in further view of Blackmore ’087, Kempenaers, Kiest ’663, and Tweedie ’419.

  • Prior Art Relied Upon: Kiest ’118 (Patent 6,994,118), Kiest ’597 (Patent 5,765,597), DeNeef 2006 (a technical document), DeNeef 2002 (a product brochure), Kiest ’079 (Patent 6,039,079), Blackmore ’087 (Patent 7,135,087), Kempenaers (a technical document), Kiest ’663 (Patent 5,794,663), and Tweedie ’419 (Patent 5,915,419).
  • Core Argument for this Ground:

    • Prior Art Mapping: Petitioner’s argument relied on building a base combination for the underlying features of independent claim 1 (from which claims 2-4 depend) and then adding references to show the obviousness of the dependent claim limitations.

      • Base Combination (for Claim 1 features): Petitioner argued that Kiest ’118 and Kiest ’597 both disclose systems for repairing main and lateral pipe junctures using a liner assembly and a bladder. Kiest ’118 explicitly suggests using a hydrophilic band, such as the commercially available SWELLSEAL™, that is stretchable like a rubber band and swells when exposed to liquid to create a seal. The DeNeef 2006 and DeNeef 2002 references were cited to teach the known properties of SWELLSEAL™, confirming it is a rubbery, swellable material available in various shapes for sealing pipe lines. Petitioner asserted this combination teaches all elements of the apparatus recited in claim 1.
      • Dependent Claim 2 (Gasket with Tubular and Flange Portions): To meet the added limitation of a gasket shaped with a tubular portion and an outwardly extending flange, Petitioner cited several additional references. Kiest ’079, Blackmore ’087, and Tweedie ’419 were presented as teaching the use of "top-hat" or flanged seals at pipe junctures to provide an effective, airtight seal. Specifically, Blackmore discloses a cylindrical repair structure with a flange face, and Tweedie teaches a "top hat" seal with a brim (flange) and tubular section. Furthermore, the Kempenaers reference was used to show that SWELLSEAL™ sealant, when applied to a joint and compressed, naturally forms a flanged portion.
      • Dependent Claim 3 (Positioning of Gasket Portions): Petitioner argued that the same references teaching the flanged gasket also disclose the claimed positioning. Kiest ’079 and Kiest ’663 were cited to show the placement of a polymer tape or gasket at the juncture between the main and lateral pipes. Blackmore and Tweedie were argued to teach placing their respective flanged repair structures at the pipe joint such that the flange portion is between the main liner and main pipe, and the tubular portion is between the lateral liner and lateral pipe.
      • Dependent Claim 4 (Attachment of Flange): For the limitation requiring the flange portion to be attached to the main liner member, Petitioner again relied on the same set of references. Kiest ’079 was argued to show a polymer tape with a flange attached to the main sheet liner near the lateral tube. Kiest ’663 discloses a gasket with a rim portion connected to the main liner tube. Petitioner asserted that the known "top-hat" structures of Blackmore and Tweedie would inherently be attached to the main liner upon installation and curing.

    • Motivation to Combine: The primary motivation asserted was to solve the well-known problem of preventing groundwater infiltration at the main/lateral pipe juncture, a known weak point. A POSITA would combine the pipe repair systems of Kiest ’118 and Kiest ’597 with the SWELLSEAL™ material taught by DeNeef to achieve a predictable and effective water-swelling seal. A POSITA would be further motivated to incorporate a flange or "top-hat" shape, as taught by Kiest ’079, Blackmore, and Tweedie, because this shape was known in the art to provide a stronger, more effective, and more structurally sound seal at the precise geometry of a pipe junction. The combination was presented as the application of known techniques to a known problem to yield predictable results.

    • Expectation of Success: Petitioner argued that a POSITA would have had a high expectation of success. The combination involved using a commercially available hydrophilic sealant (SWELLSEAL™) in a known type of pipe repair system (Kiest ’118) and forming it into a shape (a flange) well-known to be effective for sealing pipe joints (Blackmore, Tweedie). As each element was operating according to its known principles, the successful creation of an improved seal was predictable.

4. Relief Requested

  • Petitioner requests institution of IPR and cancellation of claims 2-4 of Patent 8,667,991 as unpatentable under 35 U.S.C. §103.