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 .
Drawings
The drawings are objected to because Figures 2 through 6 and Figure 21 contain elements that are illegible. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 13, 29-31 and 33-35 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.
As to Claim 13, the claim recites “preferably” which a term that suggest optionality and thereby makes the claim unclear. Appropriate correction is required.
As to Claim 29, the claim recites “to a borehole”. It is unclear if this refers to the borehole claimed in the preamble. Appropriate correction is required.
As to Claim 30, the claim recites “A system”. It is unclear if this refers to the “system” of claim 29. Appropriate correction is required.
The dependent claims of claim 29 are also rejected for depending on a rejected independent claim.
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.
Claims 1-3, 6, 9, 11-16, 18, 21-23, 25-27, 29-31 and 33-35 is/are rejected under 35 U.S.C. 103 as being unpatentable over Faulkner et al (U.S. Patent Application Publication No. 2018/0066519).
As to Claim 1, Faulkner discloses a method of installing a cable bolt (36) within a borehole (34/64) including an open end and an inner surface leading away from the open end towards a blind end, the method including the following steps:
Delivering a hardenable composition (28, 30; Paragraph 0068: “After the mine roof bolt 36 has been fully inserted, as shown in FIG. 3, the mixed resin 28 and catalyst 30 hardens and cures to securely anchor the bolt 36 within the borehole 34”) in liquid form at or near the blind end of the borehole (34/64) via a delivery assembly (40) and substantially filling the borehole (34/64) with the hardenable composition from the blind end towards the open end of the borehole (34/64) wherein the hardenable composition (28, 30) is formed from two components, a first component (28) and a second component (30) which when mixed form (at 62) the hardenable composition in liquid form, the delivery assembly including a first line (42) for delivering the first component and a second line (44) for delivering the second component;
Introducing an anchor end of the cable bolt (36) to the open end of the borehole (34/64) and pushing the anchor end of the cable bolt through the hardenable composition in liquid form until the anchor end of the cable bolt (36) is proximate to the blind end of the borehole (34/64); and,
Allowing the hardenable composition (28, 30) to harden.
However, the embodiment of Figure 5 of Faulkner does not show the first line being located within the second line. But the embodiment of Figure 17 of Faulkner shows a first line (246) delivering a first component located within a second line (244) that delivers a second component (Paragraph 0111: “The second tube 246 is received within the first tube 244”; Paragraph 0112: “The second tube 246 may be utilized for the resin and the first tube 244 may be utilized for the catalyst, although the second tube 246 may also be utilized for the catalyst with the first tube 244 being utilized for the resin”). Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to have the first line being located within the second line in the embodiment of Figure 5. The motivation would have been to condense the structure in order to save space and simplify the operation.
As to Claim 2, Faulkner as modified teaches the invention of Claim 1 (Refer to Claim 1 discussion). Faulkner as modified also teaches wherein the delivery assembly is withdrawn from the borehole (64) at one of a same or similar rate as the rate at which the borehole is filled with the hardenable composition (Figure 5).
As to Claim 3, Faulkner as modified teaches the invention of Claim 1 (Refer to Claim 1 discussion). Faulkner as modified also teaches wherein the first component and the second component are mixed in a mixing chamber (62) in the delivery assembly prior to delivering the hardenable composition in the liquid form; the delivery assembly includes a delivery nozzle (66) at a distal end for delivering the hardenable composition to the borehole; and the first line and the second line deliver the first component and the second component to the mixing chamber (62) which is in fluid communication with the delivery nozzle (66), with the mixing chamber being located immediately before the delivery nozzle on the delivery assembly.
As to Claim 6, Faulkner as modified teaches the invention of Claim 3 (Refer to Claim 3 discussion). Faulkner as modified also teaches wherein the mixing chamber (62) is located immediately before the delivery nozzle (66) on the delivery assembly, with the mixing chamber (62) includes a static mixer located therein for assisting with the mixing of the first component and the second component, with the static mixer is a helical static mixer (Paragraph 0069: “The static mixer 62 is configured to mix the resin 28 and catalyst 30 prior to being pumped into a borehole 64”).
As to Claim 9, Faulkner as modified teaches the invention of Claim 3 (Refer to Claim 3 discussion). Faulkner as modified also teaches wherein the mixing chamber (62) and the delivery nozzle (66) are one or more of located within the borehole during step (a) and proximate the blind end of the borehole at a commencement of step (a) (Figure 5).
As to Claim 11, Faulkner as modified teaches the invention of Claim 1 (Refer to Claim 1 discussion). Faulkner as modified also teaches wherein the first line is located within and substantially coaxial with the second line (Figure 17).
As to Claim 12, Faulkner as modified teaches the invention of Claim 11 (Refer to Claim 11 discussion). Faulkner as modified also teaches wherein the delivery assembly further includes an adaptor (60) with a first port and a second port located at one end, the first port for connecting to a source line (56) of the first component to the adaptor and the second port for connecting a source line (58) of the second component to the adaptor, the adapter configured to deliver the first component to the first line via the first port, and to deliver the second component to the second line via the second port (Figure 5).
As to Claim 13, Faulkner as modified teaches the invention of Claim 1 (Refer to Claim 1 discussion). Although Faulkner as modified does not explicitly teach wherein the hardenable composition hardens at least three minutes after step (a) and preferably at least five minutes after step (a), it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to contrive any desirable number for the time limitation, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable numbers involves only routine skill in the art.
As to Claim 14, Faulkner as modified teaches the invention of Claim 1 (Refer to Claim 1 discussion). Faulkner as modified also teaches wherein the blind end is orientated at a higher level than the open end (The surrounding formation is a mine roof and therefore the blind end is higher than the open end) and wherein the hardenable composition (28, 30) includes sufficient anti slump properties whereby the hardenable composition is retained within the borehole after step (a).
As to Claim 15, Faulkner as modified teaches the invention of Claim 1 (Refer to Claim 1 discussion). Faulkner as modified also teaches wherein the hardenable composition is selected from a two-component resin consisting of a resin and a hardener (Paragraph 0068: “After the mine roof bolt 36 has been fully inserted, as shown in FIG. 3, the mixed resin 28 and catalyst 30 hardens and cures to securely anchor the bolt 36 within the borehole 34”), or a two-component cementitious grout.
As to Claim 16, Faulkner as modified teaches the invention of Claim 3 (Refer to Claim 3 discussion). Faulkner as modified also teaches wherein the method further includes a flushing step (Paragraph 0121: “The fitting 280 may be flushed via the water port 310 with water or a water and oil solution to clean out the fitting 280 and to prevent accumulation of cured resin within the fitting 280”) after step (a) wherein at least one of the first component and second component remaining in at least one of the mixing chamber and the delivery nozzle of the delivery assembly are flushed therefrom.
As to Claim 18, Faulkner as modified teaches the invention of Claim 1 (Refer to Claim 1 discussion). Although Faulkner as modified does not explicitly teach wherein the borehole (64) has a cross-sectional diameter of less than 45mm, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to have the borehole of a cross-sectional diameter of less than 45mm since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level or ordinary skill in the art.
As to Claim 21, Faulkner discloses a delivery assembly (40) for introducing a hardenable composition (28, 30; Paragraph 0068: “After the mine roof bolt 36 has been fully inserted, as shown in FIG. 3, the mixed resin 28 and catalyst 30 hardens and cures to securely anchor the bolt 36 within the borehole 34”) in liquid form to a borehole (34/64), the delivery assembly including:
A delivery nozzle (66) at a distal end of the delivery assembly;
A mixing chamber (62) in fluid communication with the delivery nozzle (66);
A first line (42) for conveying a first component to the mixing chamber (62); and
A second line (44) for conveying a second component to the mixing chamber (62), and wherein the hardenable composition in liquid form is formed from mixing the first component with the second component (Paragraph 0069: “The static mixer 62 is configured to mix the resin 28 and catalyst 30 prior to being pumped into a borehole 64”).
However, the embodiment of Figure 5 of Faulkner does not show the first line being located within the second line. But the embodiment of Figure 17 of Faulkner shows a first line (246) delivering a first component located within a second line (244) that delivers a second component (Paragraph 0111: “The second tube 246 is received within the first tube 244”; Paragraph 0112: “The second tube 246 may be utilized for the resin and the first tube 244 may be utilized for the catalyst, although the second tube 246 may also be utilized for the catalyst with the first tube 244 being utilized for the resin”). Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to have the first line being located within the second line in the embodiment of Figure 5. The motivation would have been to condense the structure in order to save space and simplify the operation.
As to Claim 22, Faulkner as modified teaches the invention of Claim 21 (Refer to Claim 21 discussion). Faulkner as modified also teaches wherein the first line is located within and substantially coaxial with the second line (Figure 17).
As to Claim 23, Faulkner as modified teaches the invention of Claim 21 (Refer to Claim 21 discussion). Faulkner as modified also teaches wherein the mixing chamber (62) comprises a static mixer located therein for assisting with the mixing of the first component and the second component, with the static mixer being a helical static mixer (Paragraph 0069: “The static mixer 62 is configured to mix the resin 28 and catalyst 30 prior to being pumped into a borehole 64”).
As to Claim 25, Faulkner as modified teaches the invention of Claim 21 (Refer to Claim 21 discussion). Faulkner as modified also teaches further including an adaptor (60) with a first port and a second port located at one end, the first port for connecting to a source line (56) of the first component to the adaptor and the second port for connecting a source line (58) of the second component to the adaptor, the adaptor configured to deliver the first component to the first line via the first port, and to deliver the second component to the second line via the second port (Figure 5).
As to Claim 26, Faulkner as modified teaches the invention of Claim 21 (Refer to Claim 21 discussion). Faulkner as modified also teaches further including a connector (Connector between 60 and 62) in fluid communication with the first line and the second line, the connector configured to deliver the first component and the second component to the mixing chamber (62).
As to Claim 27, Faulkner as modified teaches the invention of Claim 21 (Refer to Claim 21 discussion). Although Faulkner as modified does not explicitly teach wherein the borehole (64) has a cross-sectional diameter of less than 40mm, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to have the borehole of a cross-sectional diameter of less than 40mm since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level or ordinary skill in the art.
As to Claim 29, Faulkner discloses a system for installing a cable bolt (36) within a borehole (34/64) including an open end and an inner surface leading away from the open end towards a blind end, the system including the following:
A delivery assembly (40) for introducing a hardenable composition (28, 30; Paragraph 0068: “After the mine roof bolt 36 has been fully inserted, as shown in FIG. 3, the mixed resin 28 and catalyst 30 hardens and cures to securely anchor the bolt 36 within the borehole 34”) in liquid form to a borehole (34/64), the delivery assembly including a delivery nozzle (66) at a distal end of the delivery assembly;
A mixing chamber (62) in fluid communication with the delivery nozzle (66);
A first line (42) for conveying a first component to the mixing chamber (62);
A second line (44) for conveying a second component to the mixing chamber (62), and wherein the hardenable composition (28, 30) in liquid form is formed from mixing the first component with the second component including a liner open end and a liner blind end (Paragraph 0068: “After the mine roof bolt 36 has been fully inserted, as shown in FIG. 3, the mixed resin 28 and catalyst 30 hardens and cures to securely anchor the bolt 36 within the borehole 34”);
A source (56) of the first component for delivery to the first line (42); and
A source (58) of the second component for delivery to the second line (44).
However, the embodiment of Figure 5 of Faulkner does not show the first line being located within the second line. But the embodiment of Figure 17 of Faulkner shows a first line (246) delivering a first component located within a second line (244) that delivers a second component (Paragraph 0111: “The second tube 246 is received within the first tube 244”; Paragraph 0112: “The second tube 246 may be utilized for the resin and the first tube 244 may be utilized for the catalyst, although the second tube 246 may also be utilized for the catalyst with the first tube 244 being utilized for the resin”). Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to have the first line being located within the second line in the embodiment of Figure 5. The motivation would have been to condense the structure in order to save space and simplify the operation.
As to Claim 30, Faulkner as modified teaches the invention of Claim 29 (Refer to Claim 29 discussion). Faulkner as modified also teaches wherein the first line of the delivery assembly is located within and coaxial with the second line of the delivery assembly (Figure 17).
As to Claim 31, Faulkner as modified teaches the invention of Claim 29 (Refer to Claim 29 discussion). Faulkner as modified also teaches wherein the mixing chamber (62) of the delivery assembly includes a static mixer located therein for assisting with the mixing of the first component and the second component, with the static mixer being a helical static mixer (Paragraph 0069: “The static mixer 62 is configured to mix the resin 28 and catalyst 30 prior to being pumped into a borehole 64”).
As to Claim 33, Faulkner as modified teaches the invention of Claim 29 (Refer to Claim 29 discussion). Faulkner as modified also teaches wherein the delivery assembly further includes an adaptor (60) with a first port and a second port located at one end, the first port for connecting to the source (56) of the first component to the adaptor and the second port for connecting the source (58) of the second component to the adaptor, the adaptor configured to deliver the first component to the first line via the first port, and to deliver the second component to the second line via the second port (Figure 5).
As to Claim 34, Faulkner as modified teaches the invention of Claim 29 (Refer to Claim 29 discussion). Faulkner as modified also teaches wherein the delivery assembly further includes a connector (Connector between 62 and 60) in fluid communication with the first line and the second line, the connector configured to deliver the first component and the second component to the mixing chamber (62).
As to Claim 35, Faulkner as modified teaches the invention of Claim 29 (Refer to Claim 29 discussion). Although Faulkner as modified does not explicitly teach wherein the borehole (64) has a cross-sectional diameter of less than 40mm, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to have the borehole of a cross-sectional diameter of less than 40mm since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level or ordinary skill in the art.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EDWIN J TOLEDO-DURAN whose telephone number is (571)270-7501. The examiner can normally be reached Monday through Friday: 10:00AM to 6:00PM EST.
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/EDWIN J TOLEDO-DURAN/Primary Examiner, Art Unit 3678
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