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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on May 29, 2026 has been entered.
Response to Amendment
This Action is in response to the RCE filed May 29, 2026.
Claims 19, 21, and 36 have been cancelled.
Claims 3, 5, 6, 8, 10, 12-14, 23-25, 29-31, 34, and 37 were previously cancelled.
Claims 38 and 39 have been added.
Applicant’s amendments to claims 32 and 33 overcome the previously presented 35 USC 112(b) rejection thereof.
Response to Arguments
Applicant’s statement that claims 27 and 32 are intended to be related to the subcombination is acknowledged.
Applicant's arguments have been fully considered but they are not persuasive.
Applicant has argued that “Waring does not teach or suggest maintaining an overpressure within the tubular liner during curing or hardening, i.e., until a hardenable composition hardens. Rather, Waring describes pressurizing a chamber to provide a motive force for everting the liner into position, i.e., during installation.”
While Warning does not specifically use the term “overpressure”, paragraphs [0109], [0110], [0112], [0113], [0133] make clear that that tubular liner is pressurized during the curing process. The use of pressure greater than atmospheric pressure or ambient pressure, i.e. pressurized air, would qualify as an overpressure based on the definition provided in paragraph [0051] of the original disclosure. The recited pressures in the paragraph are preferential and not required to meet the definition.
Applicant has argued that “Waring is directed to conduit repair systems, such as sewer pipes, which are fundamentally different from borehole environments. Waring does not address the claimed borehole context in which the tubular liner includes a liner open end and a liner blind end, nor does it disclose providing and maintaining overpressure within the tubular liner from the open end in that borehole arrangement.”
While Applicant is correct that Waring is used to repair pipes and not specifically for a borehole, without further context, a borehole is merely a hole in the ground. As such, a tunnel or hole in the ground in which a sewer pipe is located could be considered a borehole. Waring discloses all of the claimed steps and components within a generic borehole.
Applicant has argued that “Osborne does not disclose or suggest maintaining an overpressure within the tubular liner after installation, let alone maintaining such overpressure until a hardenable composition hardens. Instead, once the liner is positioned, Osborne proceeds to filling the liner with explosive material. Thus, Osborne does not disclose contacting a tubular liner with a hardenable composition, nor does it disclose maintaining overpressure within the tubular liner during a hardening or curing process (i.e., until the hardenable composition hardens).”
Osborn does disclose applying an overpressure to the tubular liner during deployment 8:1-9:25, Abstract based on the definition provided in paragraph [0051] of the original disclosure. The step of maintaining the overpressure until a hardenable composition hardens was addressed by the application of Waring to show that this feature/step would have been obvious.
Applicant has argued that “the combination of Osborne and Waring would not result in the claimed method. Both references rely on pressurisation for liner installation, not for maintaining a sustained internal overpressure condition during a curing process. Modifying either reference to maintain overpressure within the liner until a hardenable composition hardens would require introducing a functional purpose and mode of operation that is not disclosed or suggested in either reference.”
As indicated above, both Osborne and Waring disclose overpressuring the tubular liner and Waring discloses doing so until a hardenable compositions cures. As such, and considering the specific motivation provided by the Examiner to combine the references, the combination of Osborne and Waring would result in the claimed method. Both Osborne and Waring disclose supplying pressurised fluid to an open end of a tubular liner Fig 1 and Fig 2 respectively and, as indicated above, maintaining overpressure within the tubular liner from that open end.
Applicant has argued that War does not disclose “the claimed adapter as arranged for engagement with a magazine containing the tubular liner”. “War's pressure-retention features are tied to operation of its everting apparatus and pressure chamber during liner eversion. They are not disclosed as an adapter subcombination having the claimed structural relationship to a magazine and the claimed maintained-overpressure functionality.”
Blackmore was used to teach the magazine and thus this feature was not required to be disclosed by War. It is noted that Applicant has indicated that claim 27 is directed to the subcombination of an adaptor. As such, the adaptor cannot be limited by any feature that is not part of the adaptor itself. The adaptor of claim 27 need only be capable of being used with a magazine.
Applicant has argued that War does not disclose “maintaining an overpressure within the tubular liner in use. War's pressure-retention features are tied to operation of its everting apparatus and pressure chamber during liner eversion.”
War does disclose maintaining an overpressure within the tubular liner [0237] as defined in paragraph [0051] of the original disclosure. It does not disclose maintaining this overpressure during the use of the tubular liner however this feature is considered new matter, see rejection below. If claim 27 is amended to require maintenance of overpressure until a hardenable composition cures, Waring will be used to show that this concept is obvious as indicated above and below.
Applicant has argued that “Blackmore still does not disclose or suggest the presently claimed adapter. In particular, Blackmore does not disclose an adapter having the recited first and second open ends, valve, and fluid pathway arrangement, much less one that is arranged to maintain an overpressure within the tubular liner in use, the overpressure being provided by the pressurised fluid.”
Blackmore was used to teach the use of a magazine with a system similar to that of War. As such, it is not required to disclose or teach the claimed adapter.
Applicant has argued that “the Office does not explain why one of ordinary skill in the art would have modified War so as to arrive at an adapter subcombination having the specific claimed structural relationship to a magazine containing the tubular liner and the claimed maintained-overpressure arrangement. The cited rationale concerning storage, transport, or association with a magazine does not supply the missing teaching of the claimed adapter being arranged to maintain an overpressure within the tubular liner in use.”
The Examiner provided motivation specifically from Blackmore as well as a rational to support the combination of War and Blackmore. The maintenance of an overpressure is a limitation new to the claim and thus was not previously addressed with respect to claim 27. As indicated above, this limitation is considered new matter but would be addressed by Waring if amended to require maintenance of overpressure until a hardenable composition cures. A specific motivation for such a modification is provided with respect to claim 1 below.
Applicant has argued that “Blackmore does not disclose the presently claimed arrangement in which pressurised fluid is supplied to the open end of a tubular liner, via an adapter engaging an opening of a magazine, so as to provide and maintain overpressure within the tubular liner.”
Blackmore does disclose an arrangement that supplies pressurized fluid to an open end of a tubular liner for the purpose of deploying a tubular liner via overpressure; this is disclosed in Fig 1C, [0061], [0086]. This fluid is applied through an adapter 320 that is in engagement with an opening of the magazine 300. The limitation of “maintain an overpressure” does not indicate during what event the overpressure is maintained or for how long. As Blackmore discloses maintaining overpressure within the tubular liner at some point, Blackmore discloses this limitation.
Applicant has argued that “Blackmore likewise does not disclose a magazine in which the pressurised fluid inlet is arranged to supply pressurised fluid to the open end of the tubular liner, via the adapter, so as to provide and maintain an overpressure within the tubular liner. Instead, Blackmore describes the use of pressurised fluid to deploy and radially expand a bladder within a pipe during installation of repair material, rather than maintaining a sustained overpressure condition within a tubular liner as claimed.”
While it is correct that the pressure is applied to deploy and expand the tubular liner, the pressure used is pressurized air thus is considered to be overpressure per the definition provided in paragraph [0051] of the original disclosure. Further, as noted above, the limitation of “maintain an overpressure” does not indicate during what event the overpressure is maintained or for how long. As Blackmore discloses maintaining overpressure within the tubular liner at some point, Blackmore discloses this limitation.
Applicant has argued that Osborne fails to disclose “a magazine having a pressurised fluid inlet in the claimed relationship or the recited adapter structure configured to couple to that magazine.”
Blackmore was used to teach this feature.
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 27 and 28 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.
Claim 27 has been amended to require that the overpressure within the tubular liner be maintained while the liner is “in use”; the phrase “in use” implies used for its intended purpose such as fluid flow. The original disclosure makes clear that the overpressure is removed once the hardenable composition is cured at least [0082]-[0084]. There is no disclosure to maintaining the overpressure after the composition is cured and the tubular liner is put into use. As such, it cannot be said that Applicant was in possession of this limitation at the time of filing.
Claim Rejections - 35 USC § 102
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, 2, 4, 7, 9, 15, and 22 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Waring et al. (US 2003/0209823, Waring).
Regarding claim 1: Waring discloses a method of lining 179 and stabilizing repairing – Abstract, [0022], [0059] a borehole including an open end with an inner surface leading away from the open end Abstract, Fig 2, the method including the following steps:
(a) contacting a tubular liner 72 with a hardenable composition [0071], [0081], whilst the tubular liner is in an inverted state whereby an outside surface of the tubular liner is located on an inside of the tubular liner, the tubular liner including a liner open end 92 and a liner blind end 178;
(b) after contacting the tubular liner with the hardenable composition, introducing the tubular liner in the inverted state to the open end of the borehole Fig 2, [0066];
(c) forcing the tubular liner into the borehole by supplying pressurised fluid to the tubular liner at the open end of the tubular liner Fig 2 whereby the pressurised fluid causes the tubular liner to change from the inverted state, whereby the outside surface of the tubular liner is forced to abut against the inner surface of the borehole [0083], [0084] and the liner blind end is forced in a direction away from the open end of the borehole Fig 2; and,
(d) maintaining an overpressure within the tubular liner until the hardenable composition hardens, the overpressure being provided by the pressurized fluid supplied to the open end of the tubular liner [0109], [0110], [0112], [0113], [0133]. While Waring does not specifically use the term “overpressure”, the pressurization described in the cited passages would be considered an overpressure based on the definition in paragraph [0051] of the instant application.
Regarding claim 2: Wherein at step (d), any one or more of the following applies:
(a) the outside surface of the tubular liner conforms to a shape of the inner surface of the borehole Fig 2;
(c) the overpressure is maintained within the tubular liner by sealing via 342 the open end of the tubular liner [0109]-[0113]; and
d) the overpressure is maintained within the tubular liner by continuing the supply of pressurised fluid to the tubular liner via 354, 356 – [0110].
Regarding claim 4: Wherein at step (c) the liner blind end is forced away from the open end of the borehole until the tubular liner is extended along a length of the borehole [0083], [0084].
Regarding claim 7: Wherein at step (a) the tubular liner is contacted with the hardenable composition whereby the outside surface of the tubular liner is coated with the hardenable composition [0081].
Regarding claim 9: Wherein the hardenable composition is a thermosetting resins [0081].
Regarding claim 11: Wherein one or more of the following applies:
(a) the pressurised fluid is air [0083];
(b) the tubular liner is substantially air impermeable airtight - [0074];
(d) the tubular liner includes a layer 110 composed of synthetic polymer [0071].
Regarding claim 15: Wherein the tubular liner is introduced to the open end of the borehole via an adapter 50/80, wherein the adapter is detachably coupled to the open end of the tubular liner in sealed engagement [0086].
Regarding claim 22: Wherein the tubular liner is introduced to the open end of the borehole from a magazine refrigerated container – [0081], wherein the magazine contains the tubular liner in the inverted state [0081].
Claim(s) 32 and 33 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Blackmore et al. (US 2006/0048832, Blackmore).
Regarding claim 32: Blackmore discloses a magazine 300 for containing a tubular liner 110 in an inverted state Abstract, said tubular liner in an inverted state [0042] suitable for lining and stabilizing repairing - Abstract a borehole 100, the magazine including:
a main body 301/302 portion including side walls defining a cavity region 305 within the main body portion for containing the tubular liner [0055],
an opening 310 at one end of the main body portion in fluid communication with the cavity region Fig 1B and configured to engage with an adapter 320 – Fig 6, 7, [0074] or 312, 340 – Fig 1B, 1C, 3A engaging with an open end of the tubular liner the adapter 320 is engaged with the opening 310 adjacent the open end of the tubular liner and thus would be at least partially engaged with the open end of the tubular liner/the adapter 312, 340 is shown as being engaged with the open end of the tubular liner in Figure 2B; and,
a pressurised fluid inlet 801 – Fig 1C, [0061] in fluid communication with the cavity region and the open end, and wherein the pressurized fluid inlet is arranged to supply a pressurized fluid to the open end of the tubular liner, via the adapter, so as to provide and maintain an overpressure within the tubular liner Fig 1C, [0061], [0086]. While Blackmore does not specifically use the term “overpressure”, the pressurization described in the cited passages would be considered an overpressure based on the definition in paragraph [0051] of the instant application. Further, the limitation of “maintain an overpressure” does not indicate during what event the overpressure is maintained or for how long. As Blackmore discloses maintaining overpressure within the tubular liner at some point, Blackmore discloses this limitation.
Regarding claim 33: Wherein a) the open end is configured to detachably couple in sealed engagement to the adapter 320 – Fig 6, 7, [0074]/312,340 detachably coupled via latch pin 384; or .
Claim Rejections - 35 USC § 103
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
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, 2, 4, 7, 9, 11, 15, 22, 26, and 39 is/are rejected under 35 U.S.C. 103 as being unpatentable over Osborne et al. (WO 2005/003678, Osborne) in view of Waring.
Regarding claim 1: Osborne discloses a method of lining a borehole 10 including an open end 156 with an inner surface leading away from the open end Fig 1, Abstract, the method including the following steps:
introducing a tubular liner 150 – made from a polymeric material, 7:10-14 into the open end of the borehole Fig 1, 4, 3:8-21, wherein the tubular liner is in an inverted state 3:8-21 whereby an outside surface of the tubular liner is located on an inside of the tubular liner Fig 1, 3:8-21, the tubular liner including a liner open end 156 and a liner blind end 158 – Fig 1, 3:8-21;
forcing the tubular liner into the borehole by supplying pressurised fluid to the tubular liner at the open end of the tubular liner Fig 1 whereby the pressurised fluid causes the tubular liner to change from the inverted state, whereby the outside surface of the tubular liner is forced to abut against the inner surface of the borehole and the liner blind end is forced in a direction away from the open end of the borehole 8:24-9:5; and,
maintaining an overpressure within the tubular liner, the overpressure being provided by the pressurized fluid supplied to the open end of the tubular liner 8:1-9:25, Abstract. While Osborne does not specifically use the term “overpressure”, the pressurization described in the cited passages would be considered an overpressure based on the definition in paragraph [0051] of the instant application.
Osborne discloses all of the limitations of the above claim(s) except the method further including contacting the tubular liner with a hardenable composition while the tubular liner is in an inverted state and maintaining an overpressure within the tubular liner until the hardenable composition hardens.
Waring discloses a method of lining 179 and stabilizing repairing – Abstract, [0022], [0059] a borehole including an open end with an inner surface leading away from the open end Abstract, Fig 2, the method including the following steps:
(a) contacting a tubular liner 72 with a hardenable composition [0071], [0081], whilst the tubular liner is in an inverted state whereby an outside surface of the tubular liner is located on an inside of the tubular liner, the tubular liner including a liner open end 92 and a liner blind end 178;
(b) after contacting the tubular liner with the hardenable composition, introducing the tubular liner in the inverted state to the open end of the borehole Fig 2, [0066];
(c) forcing the tubular liner into the borehole by supplying pressurised fluid to the tubular liner at the open end of the tubular liner Fig 2 whereby the pressurised fluid causes the tubular liner to change from the inverted state, whereby the outside surface of the tubular liner is forced to abut against the inner surface of the borehole [0083], [0084] and the liner blind end is forced in a direction away from the open end of the borehole Fig 2; and,
(d) maintaining an overpressure within the tubular liner until the hardenable composition hardens, the overpressure being provided by the pressurized fluid supplied to the open end of the tubular liner [0109], [0110], [0112], [0113], [0133]. While Waring does not specifically use the term “overpressure”, the pressurization described in the cited passages would be considered an overpressure based on the definition in paragraph [0051] of the instant application.
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 Osborne so that the liner was contacted by a hardenable composition while the tubular liner was inverted and that an overpressure was maintained within the tubular liner until the hardenable composition hardened, as taught by Waring, in order to have formed a liner that was able to withstand elevated temperatures and pressures [0098].
Regarding claim 2: Wherein at step (d), any one or more of the following applies:
(a) the outside surface of the tubular liner conforms to a shape of the inner surface of the borehole Fig 4, 9:14-17, 22-25 of Osborne; Fig 2 of Waring;
(c) the overpressure is maintained within the tubular liner by sealing via 342 of Waring the open end of the tubular liner [0109]-[0113] of Waring; and
d) the overpressure is maintained within the tubular liner by continuing the supply of pressurised fluid to the tubular liner via 354, 356 – [0110] of Waring.
Wherein the outside surface of the tubular liner conforms to a shape of the inner surface of the borehole Fig 4, 9:14-17, 22-25 of Osborne.
Regarding claim 4: Wherein the tubular liner blind end is forced away from the open end of the borehole until the tubular liner is extended along a length of the borehole 8:24-9:5 of Osborne.
Regarding claim 7: Wherein at step (a) the tubular liner is contacted with the hardenable composition whereby the outside surface of the tubular liner is coated with the hardenable composition [0081] of Waring.
Regarding claim 9: Wherein the hardenable composition is a thermosetting resins [0081] of Waring.
Regarding claim 11: Wherein one or more of the following applies:
(a) the pressurised fluid is air air compressor 130 of Osborne; [0083] of Waring;
(b) the tubular liner is substantially air impermeable 6:8, 9, 7:10-14, 9:13, 14 of Osborne; [0074] of Waring;
(d) the tubular liner includes a layer 110 of Waring composed of synthetic polymer [0071] of Waring.
Regarding claim 15: Wherein the tubular liner is introduced to the open end of the borehole via an adapter 110 of Osborne, wherein the adapter is detachably coupled to the open end of the tubular liner in sealed engagement 7:23-33 of Osborne.
Regarding claim 22: Wherein the tubular liner is introduced to the open end of the borehole from a magazine 170/172 of Osborne, wherein the magazine contains the tubular liner in the inverted state 7:15-33 of Osborne.
Regarding claim 26: Wherein the borehole is used to contain explosives 180 – 9:26-33 of Osborne.
Regarding claim 39: Wherein the borehole including only one open end, and a blind end, such that the method is performed with access only to the open end Fig 1 of Osborne.
Claim(s) 16-18 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Waring in view of Waring et al. (US 2016/0258566, War).
Regarding claim 16: Waring discloses all of the limitations of the above claim(s) except the adapter including a first open end and a second open end, with a fluid pathway leading from the first open end to the second open end; and a valve configured to move between an opened and closed state, wherein when the valve is in the closed state, the fluid pathway between the first open end and the second open end is closed.
War discloses a system and method for installing an inverted tubular liner into a pipe. The liner 90 is installed into the pipe using an adapter 100. The adapter includes:
a main body 200 portion with a first open end 600 – Fig 1 and a second open end 500 – Fig 1, the first open end configured to engage with the open end of a tubular liner Fig 1, [0056];
a fluid pathway 206 leading from the first open end to the second open end Fig 1; and,
a valve 400 configured to move between an opened 404 – Fig 5, 7, 8 and close state 406 – Fig 9, wherein when the valve is in the closed state, the fluid pathway between the first open end and the second open end is closed [0042].
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 Waring so that the adapter included the features of the adapter of War in order to have been able to prevent the tubular liner from deflating until it was desirable to do so [0042].
Regarding claim 17: Wherein the adapter further includes a pressurised fluid inlet 250 of War for introducing pressurised fluid to the fluid pathway [0060] of War, the pressurised fluid inlet located between the valve and the first open end along a length of the fluid pathway Fig 1 of War.
Regarding claim 18: Wherein the first open end detachably couples to the open end of the tubular liner Fig 1, [0056] of War.
Regarding claim 20: Wherein at step (d) the overpressure is maintained within the tubular liner by continuing a supply of pressurised fluid to the pressurised fluid inlet of the adapter [0103], [0105] of War.
Claim(s) 16-18 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Osborne in view of Waring as applied to claim 1 above, and further in view of War.
Regarding claim 16: Osborne, as modified, discloses all of the limitations of the above claim(s) except the adapter including a first open end and a second open end, with a fluid pathway leading from the first open end to the second open end; and a valve configured to move between an opened and closed state, wherein when the valve is in the closed state, the fluid pathway between the first open end and the second open end is closed.
War discloses a system and method for installing an inverted tubular liner into a pipe. The liner 90 is installed into the pipe using an adapter 100. The adapter includes:
a main body 200 portion with a first open end 600 – Fig 1 and a second open end 500 – Fig 1, the first open end configured to engage with the open end of a tubular liner Fig 1, [0056];
a fluid pathway 206 leading from the first open end to the second open end Fig 1; and,
a valve 400 configured to move between an opened 404 – Fig 5, 7, 8 and close state 406 – Fig 9, wherein when the valve is in the closed state, the fluid pathway between the first open end and the second open end is closed [0042].
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 further modified Osborne so that the adapter included the features of the adapter of War in order to have been able to prevent the tubular liner from deflating until it was desirable to do so [0042].
Regarding claim 17: Wherein the adapter further includes a pressurised fluid inlet 250 of War for introducing pressurised fluid to the fluid pathway [0060] of War, the pressurised fluid inlet located between the valve and the first open end along a length of the fluid pathway Fig 1 of War.
Regarding claim 18: Wherein the first open end detachably couples to the open end of the tubular liner Fig 1, [0056] of War.
Regarding claim 20: Wherein at step (d) the overpressure is maintained within the tubular liner by continuing a supply of pressurised fluid to the pressurised fluid inlet of the adapter [0103], [0105] of War.
Claim(s) 35 is/are rejected under 35 U.S.C. 103 as being unpatentable over Osborne in view of Blackmore, War, and Waring.
Osborne discloses a system Fig 1 for lining a borehole 10 including an open end 156 with an inner surface leading away from the open end of the borehole Fig 1, 4, the system including the following:
i. a tubular liner 150 including a liner open end 156 and a liner blind end 158 – Fig 1, wherein the tubular liner is an inverted state whereby an outside surface of the tubular liner is located on an inside of the tubing liner Fig 1, 3:8-21;
ii. a magazine 170/172;
iii. an adapter 110, wherein a first open end of the adapter detachably couples to the open end of the tubular 7:23-33; and,
iv. a supply of pressurised fluid 130 configured for delivery to the pressurised fluid inlet of the adapter,
and wherein the tubular liner is forced into the borehole by the supply of pressurised fluid delivered via the pressurised fluid inlet of the magazine 8:1-9:25, Abstract, the pressurised fluid causing the tubular liner to change from an inverted state to where the outside surface of the tubular liner is forced to abut against the inner surface of the borehole and the liner blind end is forced along a length of the borehole in a direction away from the open end 8:1-9:25, Abstract; and , wherein an overpressure is maintained in the tubular liner 8:1-9:25, Abstract. While Osborne does not specifically use the term “overpressure”, the pressurization described in the cited passages would be considered an overpressure based on the definition in paragraph [0051] of the instant application.
Osborne discloses all of the limitations of the above claim(s) except the magazine including a cavity region for containing the tubular liner, an open end and a pressurised fluid inlet in fluid communication with the cavity region and the open end and the adapter including a first open end and a second open end, with a fluid pathway leading from the first open end to the second open end; and a valve configured to move between an opened and closed state, wherein when the valve is in the closed state, the fluid pathway between the first open end and the second open end is closed, the adapter further including a pressurised fluid inlet for introducing pressurised fluid to the fluid pathway, the pressurised fluid inlet located between the valve and the first open end along a length of the fluid pathway, and wherein the second open end is configured to detachably couple in sealed engagement to the open end of the magazine, wherein an overpressure is maintained in the tubular liner until a hardenable composition hardens.
Blackmore discloses a magazine 300 for containing a tubular liner 110 in an inverted state Abstract, the magazine including:
a main body 301/302 portion including side walls defining a cavity region 305 within the main body portion for containing the tubular liner [0055],
an opening 340 at one end of the main body portion in fluid communication with the cavity region Fig 1B; and,
a pressurised fluid inlet 801 – Fig 1C, [0061] in fluid communication with the cavity region and the open end,
wherein the magazine is secured to an open end of an adapter 320 through which the liner extends Fig 6, 7.
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 the magazine of Osborne to include the features of that of Blackmore in order to have been able to pressurize the magazine such that the increased pressure aids in the removal or the liner from the magazine [0081].
Further, this modification would have provided a means for storing and transporting the tubular liner to the worksite that was sealable with the adapter and the tubular liner [0041]. This would have achieved the predictable results of protecting the tubular liner from damage or influence from the external environment.
Osborne, as modified, discloses all of the limitations of the above claim(s) except the adapter including a first open end and a second open end, with a fluid pathway leading from the first open end to the second open end; and a valve configured to move between an opened and closed state, wherein when the valve is in the closed state, the fluid pathway between the first open end and the second open end is closed, the adapter further including a pressurised fluid inlet for introducing pressurised fluid to the fluid pathway, the pressurised fluid inlet located between the valve and the first open end along a length of the fluid pathway, and wherein the second open end is configured to detachably couple in sealed engagement to the open end of the magazine, wherein an overpressure is maintained in the tubular liner until a hardenable composition hardens.
War discloses an adapter that includes:
a main body 200 portion with a first open end 600 – Fig 1 and a second open end 500 – Fig 1, the first open end configured to engage with the open end of a tubular liner Fig 1, [0056];
a fluid pathway 206 leading from the first open end to the second open end Fig 1; and,
a valve 400 configured to move between an opened 404 – Fig 5, 7, 8 and close state 406 – Fig 9, wherein when the valve is in the closed state, the fluid pathway between the first open end and the second open end is closed [0042];
a pressurised fluid inlet 250 for introducing pressurised fluid to the fluid pathway [0060], the pressurised fluid inlet located between the valve and the first open end along a length of the fluid pathway Fig 1.
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 further modified Osborne so that the adapter therein included the features the adapter of War in order to have been able to prevent the tubular liner from deflating until it was desirable to do so [0042].
Osborne, as modified, discloses all of the limitations of the above claim(s) except an overpressure being maintained in the tubular liner until a hardenable composition hardens.
Waring discloses a method of lining 179 and stabilizing repairing – Abstract, [0022], [0059] a borehole including an open end with an inner surface leading away from the open end Abstract, Fig 2, the method including the following steps:
(a) contacting a tubular liner 72 with a hardenable composition [0071], [0081], whilst the tubular liner is in an inverted state whereby an outside surface of the tubular liner is located on an inside of the tubular liner, the tubular liner including a liner open end 92 and a liner blind end 178;
(b) after contacting the tubular liner with the hardenable composition, introducing the tubular liner in the inverted state to the open end of the borehole Fig 2, [0066];
(c) forcing the tubular liner into the borehole by supplying pressurised fluid to the tubular liner at the open end of the tubular liner Fig 2 whereby the pressurised fluid causes the tubular liner to change from the inverted state, whereby the outside surface of the tubular liner is forced to abut against the inner surface of the borehole [0083], [0084] and the liner blind end is forced in a direction away from the open end of the borehole Fig 2; and,
(d) maintaining an overpressure within the tubular liner until the hardenable composition hardens, the overpressure being provided by the pressurized fluid supplied to the open end of the tubular liner [0109], [0110], [0112], [0113], [0133]. While Waring does not specifically use the term “overpressure”, the pressurization described in the cited passages would be considered an overpressure based on the definition in paragraph [0051] of the instant application.
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 further modified Osborne so that the liner was contacted by a hardenable composition while the tubular liner was inverted and that an overpressure was maintained within the tubular liner until the hardenable composition hardened, as taught by Waring, in order to have formed a liner that was able to withstand elevated temperatures and pressures [0098].
The combination of Osborne in view of Blackmore, War, and Warning would have resulted in the second open end of the adapter being configured to detachably couple in sealed engagement to the open end of the magazine Fig 6, 7, [0074] of Blackmore, the adapter 320 seals with the magazine.
Claim(s) 36 is/are rejected under 35 U.S.C. 103 as being unpatentable over Osborne in view of Blackmore, Waring, and War as applied to claim 35 above, and further in view of Kiest, Jr. (US 2010/0295198, Kiest).
Osborne, as modified, discloses that the tubular liner is forced into the borehole by the supply of pressurised fluid delivered via the pressurised fluid inlet of the magazine 8:24-9:5 of Osborne, the pressurised fluid causing the tubular liner to change from an inverted state to where the outside surface of the tubular liner is forced to abut against the inner surface of the borehole and the liner blind end is forced along a length of the borehole in a direction away from the open end 8:24-9:5 of Osborne; and, wherein optionally the overpressure is maintained in the tubular liner by moving the valve 400 of Warning of the adapter to the closed state and directing the supply of pressurised fluid to the fluid inlet of the adapter [0042], [0048], [0060], [0106] of Warning.
Osborne, as modified, fails to disclose that the tubular liner includes a hardenable composition and that an overpressure is maintained in the tubular liner until a hardenable composition hardens.
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 further modified Osborne so that the liner was contacted by a hardenable composition and that an overpressure was maintained within the tubular liner until the hardenable composition hardened, as taught by Kiest, in order to have formed a liner that was unaffected by ground water or the surrounding environment [0008].
Claim(s) 38 is/are rejected under 35 U.S.C. 103 as being unpatentable over Waring in view of Van Bochove (EP 0479386 A1, Van).
Waring discloses all of the limitations of the above claim(s) except at least one filler being included in the hardenable composition, the at least one filler being arranged to contribute to stabilizing the borehole.
Van discloses a tubular liner that is inverted via fluid pressure to be inserted into a pipe for repair and stabilization thereof Abstract, Fig 2. The liner is impregnated with a resin that is hardened in place. The resin is a mixture of resin and a filler that is chosen based on the conditions in the environment to strengthen the resin 3:10-20.
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 Waring so that the hardenable composition included at least one filler that contributed to stabilizing the borehole, as suggested by Van, in order to have strengthened the resin and thus the tubular liner 3:10-20. The use of a stronger resin and thus a stronger tubular liner would have resulted in increased support of the pipeline/borehole the tubular liner was inserted into.
Claim(s) 38 is/are rejected under 35 U.S.C. 103 as being unpatentable over Osborne in view of Waring as applied to claim 1 above, and further in view of Van.
Osborne, as modified, discloses all of the limitations of the above claim(s) except at least one filler being included in the hardenable composition, the at least one filler being arranged to contribute to stabilizing the borehole.
Van discloses a tubular liner that is inverted via fluid pressure to be inserted into a pipe for repair and stabilization thereof Abstract, Fig 2. The liner is impregnated with a resin that is hardened in place. The resin is a mixture of resin and a filler that is chosen based on the conditions in the environment to strengthen the resin 3:10-20.
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 further modified Osborne so that the hardenable composition included at least one filler that contributed to stabilizing the borehole, as suggested by Van, in order to have strengthened the resin and thus the tubular liner 3:10-20. The use of a stronger resin and thus a stronger tubular liner would have resulted in increased support of the pipeline/borehole the tubular liner was inserted into.
Claim Rejections – Art Rejection
While the prior art of record fails to disclose or suggest the subject matter of claim 27, and thus claim 28, the allowability of claim 27 cannot be determined due to the 35 USC 112(a) rejection above. It is noted that if claim 27 is amended to remove or amend “in use” to overcome the rejection, claims 27 and 28 would be rejected as obvious over Waring et al. (US 2016/0258566) in view of Blackmore et al. (US 2006/0048832).
Conclusion
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/JENNIFER H GAY/Primary Examiner, Art Unit 3619
JHG
8/19/2026
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