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 .
Response to Amendment
This Action is in response to Applicant’s Reply of June 11, 2026.
Claim 13 has been cancelled.
Claims 21 and 22 have been added.
The drawings were received on June 11, 2026. These drawings are accepted and overcome the previously presented objections thereto.
Applicant’s amendments to claims 1, 4, 10, 18, and 19 overcome the previously presented objections thereto.
Applicant’s amendment to claims 4-6, 10-12, and 18-20, as well as the cancellation of claim 13, overcomes the previously presented 35 USC 112(b) rejection thereof.
Applicant’s amendment to claim 1 overcomes the previously presented 35 USC 102(a)(1) rejection thereof.
Response to Arguments
Applicant's arguments have been fully considered but they are not persuasive.
Applicant has argued that the rigid end fittings taught by Nilsson would prevent the passage of the liner arrangement through a boundary trap.
It is first noted that claim 1 does not include any structural language that precludes the use of rigid end fittings. The requirement of the passage through a boundary trap is not an indication that the liner arrangement cannot have rigid end fittings as shown by McGuinness (AU 2021102902 A4), see below.
Secondly, at least paragraph [0045] of Nilsson discloses that the liner arrangement is intended to be used with “acute angles greater than 90[Symbol font/0xB0]”. This is being interpreted as angles more acute than 90[Symbol font/0xB0] as acute angles cannot be greater than 90[Symbol font/0xB0]. While this is not a teaching of passing through a boundary trap, it does show that Nilsson intended the liner arrangement to be used in pipes with sharp bends.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-12 and 14-22 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Regarding claim 1: Claim 1 has been amended to require “wherein the inserting hose is arranged to be inserted into the bladder with only the front end portion of the inserting hose inserted into the bladder” thus requiring that the only portion of the inserting hose that is located within the bladder is the front end of the hose. This is contrary to what is disclosed and shown in the instant application. The disclosure states that the inserting hose 31 includes a tow rope 32 located at its leading (front) end pg. 16, lines 26 and 27, Fig 1 and Figure 2 shows that the tow rope is located at the lower end of the liner arrangement. In order for the tow rope, and thus the leading end of the inserting hose, to be located at the lower end of the liner arrangement, the inserting hose must extend all the way through the liner with the leading end of the hose sticking out from the lower end of the liner. It is not possible for just the front end, or leading end, of the hose to be located in the bladder.
As such, Applicant was not in possession of claim 1, as amended, at the time of filing.
Regarding claim 7: Claim 7 has been amended to require that the inserting hose included openings that are separate from the “means for deflation and inflation”. However, page 15, lines 21-27 make it clear that the “means for deflation and inflation” 50 includes the fluid injecting and withdrawing means 51 and the openings 53 in the inserting hose. In fact, Figure 1 shows them as all being the same feature. There is no basis for the openings in the inserting hose being a separate element from the “means for deflation and inflation”. As such, Applicant was not in possession of claim 7, as amended, at the time of filing.
Regarding claims 2-6, 8-12, and 14-22: These claims are rejected due to their dependence on or incorporation of claim 1.
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) 1-12, 14-20, and 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nilsson et al. (US 2012/021114, Nilsson) in view of McGuinness (AU 2021102902 A4).
For the purposes of examination, the limitation of “wherein the inserting hose is arranged to be inserted into the bladder with only the front end portion of the inserting hose inserted into the bladder” in claim 1 is being treated as --wherein the inserting hose is arranged to be inserted into the bladder such that the front end portion of the inserting hose extends out of the front end of the bladder--.
Regarding claims 1 and 14: Nilsson discloses a liner arrangement Fig 5 for inserting in a pipe structure 120 – Fig 8 with bends having acute angles less than 90[Symbol font/0xB0] [0045] – “acute angles greater than 90[Symbol font/0xB0]” is being treated as angles more acute than 90[Symbol font/0xB0], wherein the liner arrangement comprises:
at least one liner part 110 constituted by a defeatable [0086] and inflatable [0086] bladder having a front end 114a and a rear end 114b,
fastening means 116, and
an inserting tool 1 comprising an inserting hose 2 and means for deflation and inflation 3, 25 – [0027], [0047], [0072], [0077], [0078], the inserting hose being a flexible hose [0062] having a front end portion 4, the front end portion being fastenable to the front end of the bladder Fig 6 and extending inside the bladder Fig 6, [0086] to allow both the bladder and the inserting hose to pass, by pushing on the inserting tool, first through the opening of the pipe structure and then though the bend of the pipe structure Fig 8,
wherein the inserting hose is arranged to be inserted into the bladder such that the front end portion of the inserting hose extends out of the front end of the bladder Fig 6,
wherein the inserting hose is operable to position said at least one liner part at a specific position along the pipe structure where there is a damage to be repaired Fig 8, [0002], [0004], and
wherein said inserting hose is arranged for fastening the front end portion of the inserting hose to the bladder via the fastening means and to allow said positioning of the liner part at the specific position Fig 6, [0086], [0087],
wherein the at least one liner part has a length and is adapted to cooperate with the means for deflation and inflation Fig 6,
wherein a partitioning of said at least one liner part encloses a part, of said inserting hose Fig 6, and said partitioning has a length Fig 5, 6,
wherein at least a fraction of the enclosing partitioning, together with the fastening means, enable fastening of the at least one liner part to said inserting hose Fig 6 during insertion of the liner arrangement in a pipe structure 120 – Fig 8, and wherein, while the at least one liner part is fastened to said inserting hose, and during said insertion, the liner arrangement has ability to bend and thereby demonstrating a minimum outside bend radius not greater than about the smallest inside bend radius of said pipe structure Fig 8, [0009], [0044], [0045], [0064], [0092], [0099].
Nilsson discloses all of the limitations of the above claim(s) except the pipe structure having an opening above ground level and a boundary trap located below ground level.
McGuinness discloses a liner arrangement similar to that of Nilsson. The arrangement includes an inflatable bladder 102 that is inserted into a pipe 104 in order to repair the pipe. The bladder is attached to an insertion device 602 via a rigid end piece 214 during insertion into a pipe system Fig 30-37. This system can include gentle bends such as that shown in Figures 30 and 31 or boundary trap bends 702 as shown in Figures 36 and 37.
It would have been considered obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified Nilsson to be used in a pipe system that included a boundary trap, as taught by McGuinness, since the examiner notes the equivalence of the use of the system of Nilsson in a pipe system that includes gentle bends and a pipe system that includes boundary traps, and the use of the pipe system of Nilsson in any of these known situations would be within the level of ordinary skill in the art, as taught by McGuinness.
While neither Nilsson nor McGuinness discloses that the pipe systems therein are located in the ground, it would have been considered obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, that the system of Nilsson, as modified, would have been effective in any pipe system regardless of if it was located above or below ground. The use of the system of Nilsson, as modified, in a below ground pipe system would have achieved the predictable results of being able to repair below ground pipes without having to remove the pipes from the earth.
Regarding claim 2: Wherein the at least one liner part, during said insertion, cooperates with the means for deflation and inflation, and thereby the at least one liner part obtains an inflated state Abstract, [0002] of Nilsson.
Regarding claims 3 and 17: Wherein the liner arrangement has ability to bend and thereby demonstrating a minimum outside bend radius not greater than about 97 % of the smallest inside bend radius of said pipe structure Fig 8, [0009], [0044], [0045], [0064], [0092], [0099] of Nilsson.
Regarding claims 4, 18, and 19: Wherein said at least a fraction comprises one, two, three, four or more fractions of the enclosing partitioning Fig 6, 8 of Nilsson, and wherein the at least a fraction, the fastening means, and the deflation function, of the means for deflation and inflation, together enable fastening of the at least one liner part to said inserting hose during insertion of the liner arrangement in a pipe structure Fig 6, 8. of Nilsson
Regarding claims 5 and 20: Wherein the liner arrangement has ability to bend and ability to demonstrate said minimum outside bend radius, over, at least, a main stretch of the liner arrangement, wherein the main stretch stretches from the leading end of the liner arrangement over, and past, the length of the at least one liner part, to an area on the inserting hose Fig 8, [0009], [0044], [0045], [0064], [0092], [0099] of Nilsson.
Regarding claims 6 and 22: Wherein the at least one liner part comprises a curable composition extending along an outer circumference of the at least one liner part [0040]-[0044], [0046], [0047], [0095] of Nilsson.
Regarding claim 7: Wherein the inserting hose comprises openings 25 – in the end fitting, [0034], [0035], [0077], [0078] of Nilsson and means for deflation and inflation comprises fluid injecting means [0047] of Nilsson; fluid withdrawing means [0027], [0096] of Nilsson; and fluid injecting means feeds fluid through the openings in the inserting hose [0027], [0096] of Nilsson.
Regarding claim 8: Wherein the fastening means comprises at least one of glue, tape [0087], and clamps [0087] of Nilsson.
Regarding claim 9: Wherein the liner arrangement further comprises a tow rope 5 of Nilsson.
Regarding claim 10: Wherein inserting further also comprises installing in a pipe structure Fig 8 of Nilsson, wherein the said at least one liner part is adapted to be curable[0040]-[0044], [0046], [0047], [0095] of Nilsson.
Regarding claim 11: Wherein the liner arrangement has the ability to bend along a length which is greater than the distance between an intended position for the liner part along the pipe structure and a position upstream of the location of said smallest inside bend radius of said pipe structure Fig 8, [0009], [0044], [0045], [0064], [0092], [0099] of Nilsson.
Regarding claim 12: Wherein the inserting hose 2 of Nilsson which is free from rigid and non-flexible elements along said length Fig 1 of Nilsson.
Regarding claim 14: Nilsson, as modified, discloses a method for relining a pipe structure Abstract of Nilsson involving:
providing the above described liner arrangement Fig 5 of Nilsson,
inserting said liner arrangement into the interior of the pipe structure fig 6, 7 of Nilsson, wherein said liner arrangement, together with said liner arrangement's its fastening means, has an outer diameter that is smaller than the inner diameter of said pipe structure Fig 6, 7 of Nilsson,
locating the at least one liner part at a desired position in the pipe structure Fig 6, 7 of Nilsson,
inflating with the inflating function, of the means for deflation and inflation, wherein the means for deflation and inflation cooperates with the at least one liner part-such that the at least one liner part conforms to the interior shape of the pipe structure Abstract, [0002], [0027], [0047], [0072], [0077], [0078] of Nilsson, and
sealing the liner arrangement against the interior of the pipe structure by curing – [0040]-[0044], [0046], [0047], [0095] of Nilsson,
wherein said method comprises:
that during said insertion, the liner arrangement has ability to bend and thereby demonstrating a minimum outside bend radius not greater than about the smallest inside bend radius of said pipe structure Fig 8, [0009], [0044], [0045], [0064], [0092], [0099] of Nilsson.
Regarding claim 15: Wherein the area on the inserting hose is in proximity to the at least one liner part Fig 6 of Nilsson.
Regarding claim 16: Wherein the fluid injected by the fluid injecting means is one of hot oil, hot water, and hot gas [0047] of Nilsson, and wherein the fluid withdrawing means is a source for providing vacuum [0027], [0096] of Nilsson.
Claim Rejections – Art Rejection
While the prior art of record fails to disclose or suggest the subject matter of claim 21, due to the above recited 35 USC 112(a) rejection, the allowability of claim 21 cannot be determined at this time.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JENNIFER H GAY whose telephone number is (571)272-7029. The examiner can normally be reached Monday through Thursday, 6-3:30 and every other Friday 6-11.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anita Y Coupe can be reached at (571)270-3614. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JENNIFER H GAY/Primary Examiner, Art Unit 3619
JHG
7/10/2026
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