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 November 7, 2025.
Claims 2, 5, 6, 8, 10, 12-14, 23-25, 29-31, 34, and 37 were previously cancelled.
Applicant’s amendment to claim 15 overcomes the previously presented objection thereto.
Applicant’s amendment to claim 9 overcomes the previously presented 35 USC 112(a) rejection thereof.
Applicant’s amendments to claims 7, 9, 32, 33, and 36 overcomes the previously presented35 USC 112(b) rejection thereof.
Applicant’s amendment to claim 27 overcomes the previously presented 35 USC 102(a)(1) rejection thereof.
Applicant’s amendment to claim 1 overcomes the previously presented 35 USC 103 rejection thereof.
Response to Arguments
Applicant’s arguments with respect to the rejection(s) of claim(s) 1 and 27 under 35 USC 103 and 102(a)(1) respectively have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Waring et al. (US 2003/0209823) and Blackmore et al. (US 2006/0048832) respectively.
Applicant's arguments filed have been fully considered but they are not persuasive.
With respect to claim 32, Applicant has argued that Blackmore fails to disclose that the magazine has an opening that is configured to engage with an adapter engaging with an open end of a tubular liner.
In the previous Office Action, element 340 was used to indicate the opening at one end of the main body. Element 310 is specifically referenced as an “opening” in the magazine 300 – [0055]. With element 310 defining the opening, element 340 can be considered the adapter. As shown in Figures 1B, 1C, and 3A, element 340, along with 312, is engaged with the opening 310. As shown in Figure 2B, element 340, along with 312, is also engaged with the open end of the tubular liner.
In the rejection of claim 33 in the previous Office Action, element 320 was used to define the adapter. Element 320 remains applicable to the adapter. As shown in Figures 6 and 7, element 320 is engaged with the opening 310 of the magazine. As this is the same location where the opening of the tubular liner would be located, element 320 is at the very least indirectly engaged with the tubular liner.
With respect to claim 1, Applicant has argued that Osborne and Kiest fail to disclose maintaining an overpressure within the tubular liner until the hardenable composition hardens.
While this feature was specifically taught in paragraph [0037] of Kiest, Kiest has being replaced with the Waring et al. reference (US 2003/0209823). Waring discloses maintaining an overpressure within the tubular liner until the hardenable composition hardens [0109], [0110], [0112], [0113], [0133].
With respect to claim 35, Applicant has argued the following:
Applicant has argued that Osborne, as modified, fails to disclose “wherein the tubular liner is an inverted state whereby an outside surface of the tubular liner is located on an inside of the tubular liner”.
This feature is specifically taught in Figures 1 and 4 and column 3, lines 8-21 of Osborne.
Applicant has argued that Osborne, as modified, fails to disclose “an open end and a pressurised fluid inlet in fluid communication with the cavity region and the open end”.
This feature is specifically taught by Blackmore as set forth in the previously Office Action and repeated below.
Applicant has argued that there would have been no motivation to modify Osborne to include the magazine, and its features, of Blackmore as Osborne already contemplates pressurizing the tubular liner via structures 111 and 150 and an air-relief pipe 140 thus additional structure is not needed.
The motivation to modify Osborne with Blackmore to change the features of the magazine thereof was specific to pressurizing the magazine, which is not taught by Osborne, and thus is not considered redundant or unnecessary. Additional motivation has been provided in the rejection below.
Applicant has argued that Osborne, as modified, fails to disclose “an 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 details of the adapter are specifically taught by Waring as set forth in the previous Office Action and repeated below.
Applicant has argued that there would have been no motivation to modify Osborne to include adapter, and its features, of Warning as Osborne already teaches maintaining pressure until it is desired to depressurize the tubular liner via a control valve 134.
The adapter of Warning provides for additional features beyond maintaining pressure and depressurizing, features that are not taught in Osborne. This includes preventing the liner and fluid from passing through an aperture 408 in the adapter [0042] using the valve 400. The fact that Osborne includes a pressure relief valve does not indicate that the adapter therein would not benefit from the features of the adapter of Warning. This was shown in the rejection previously presented and repeated below.
Applicant has argued that the Osborne, as modified, fails to disclose that the pressure fluid inlet of the adapter is located between the valve and the first opening end along a length of the fluid pathway.
This feature is specifically taught in Warning where it is shown that the pressure fluid inlet 250 is located between the valve 400 and the first opening along the length of the fluid pathway Fig 1.
Claim Interpretation
The preamble of claim 27 recites “An adapter for engaging with an open end of a tubular liner in an inverted state, said tubular liner in an inverted state suitable for lining and stabilizing a borehole” with the engagement with the tubular liner and tubular liner recited merely as an intended use. However, the body of the claim contains positive recitation of the tubular liner and a separate magazine. Consequently, it cannot be determined whether Applicant intends to claim the subcombination of the adapter or the adapter in combination with the tubular liner and the magazine.
In formulating an evaluation on the merits, the Examiner is considering that the claims are drawn to the combination and the claims will be rejected accordingly. If the applicant indicates by amendment that the combination claim is the intention, the language in the permeable should be made consistent with the language of the body of the claims. If the intent is to claim the subcombination, then the body of the claim must be amended to remove positive recitation of the combination. Applicant’s intentions in the regard must be clearly established by the claim language.
The preamble of claim 32 recites “A magazine for containing a tubular liner in an inverted state, said tubular liner in an inverted state suitable for lining and stabilizing a borehole” with the tubular liner recited merely as an intended use. However, the body of the claim contains positive recitation of the tubular liner and a separate adapter. Consequently, it cannot be determined whether Applicant intends to claim the subcombination of the magazine or the magazine in combination with the tubular liner and the adapter.
In formulating an evaluation on the merits, the Examiner is considering that the claims are drawn to the combination and the claims will be rejected accordingly. If the applicant indicates by amendment that the combination claim is the intention, the language in the permeable should be made consistent with the language of the body of the claims. If the intent is to claim the subcombination, then the body of the claim must be amended to remove positive recitation of the combination. Applicant’s intentions in the regard must be clearly established by the claim language.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 32 and 33 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 32: Claim 32 has been amended to require “a tubular liner” in line 8. As claim 32 previously required a tubular liner, it is unclear if this new recitation is the same tubular line or a separate element. For the purposes of examination, all recitations of “tubular liner” in claim 32 are being treated as the same feature.
Regarding claim 33: Claim 32 has been amended to require “an adapter” in line 7. As such, it is unclear if the “adapter” recited in line 2 of claim 33 is the same adapter as that now in claim 32 or a separate element. For the purposes of examination, the adapter in claim 32 and 33 are being treated as the same feature.
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 whereby the pressurised fluid causes the tubular liner to change from the inverted state wherein 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 [0109], [0110], [0112], [0113], [0133].
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.
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, and 26 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; and,
forcing the tubular liner into the borehole by supplying pressurised fluid to the tubular liner whereby the pressurised fluid causes the tubular liner to change from the inverted state wherein 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.
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 whereby the pressurised fluid causes the tubular liner to change from the inverted state wherein 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 [0109], [0110], [0112], [0113], [0133].
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. The remaining limitations in claim 22 were indicated as “optionally” and thus not required for a reference to disclose all elements of the claim.
Regarding claim 26: Wherein the borehole is used to contain explosives 180 – 9:26-33 of Osborne.
Claim(s) 16-21 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 Waring et al. (US 2016/0258566, 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 19: Wherein at step (d) the overpressure is maintained within the tubular liner by moving the valve of the adapter to the closed state [0042], [0048], [0106] 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.
Regarding claim 21: Wherein after step (d) the overpressure within the tubular liner is released via a pressure relief valve 670 of Warning in fluid communication with the fluid pathway of the adapter [0063] of War.
Claim(s) 16-21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Waring in view of War.
Regarding claim 16: Osborne 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 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 19: Wherein at step (d) the overpressure is maintained within the tubular liner by moving the valve of the adapter to the closed state [0042], [0048], [0106] 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.
Regarding claim 21: Wherein after step (d) the overpressure within the tubular liner is released via a pressure relief valve 670 of War in fluid communication with the fluid pathway of the adapter [0063] of War.
Claim(s) 27 and 28 is/are rejected under 35 U.S.C. 103 as being unpatentable over War in view of Blackmore.
Regarding claim 27: War discloses an adapter 100 for engaging with an open end of a tubular liner 90 – Fig 1 in an inverted state Fig 1, said tubular liner in an inverted stated suitable for lining and stabilizing repair or rehabilitate – [0003] a borehole existing tubing [0003], the adapter including:
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].
War discloses all of the limitations of the above claim(s) except the second open end of the main body portion being configured to engage with a magazine containing the tubular liner.
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 War to include a tubular liner magazine engaged with the second end of the adapter, as suggested by Blackmore, in order to 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.
Regarding claim 28: Wherein any one or more of the following applies:
(a) the adapter further including 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;
(d) the adapter further including a pressure relief valve 670 for reducing pressure within the fluid pathway, the pressure relief valve located between the valve and the first open end along a length of the fluid pathway [0063].
Claim(s) 35 is/are rejected under 35 U.S.C. 103 as being unpatentable over Osborne in view of Blackmore and War.
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.
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.
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 would 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.
Warning 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 Waring in order to have been able to prevent the tubular liner from deflating until it was desirable to do so [0042].
The combination of Osborne in view of Blackmore 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 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].
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.
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/JENNIFER H GAY/Primary Examiner, Art Unit 3619
JHG
1/27/2026