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 .
Status of Claims
Due to communications filed 9/11/25, the following is a non-final office action. Claims 1 and 11
are amended. Claim 20 is cancelled. Claims 1-19 are pending in this application and are rejected as
follows. The previous rejection has been modified to reflect claim amendments.
Claim Objections
Claim 11 is objected to because of the following informalities: the limitation “removing at least of the durable drilling components...” should be “removing at least one of the durable drilling components...” Appropriate correction is required.
Claim Rejections - 35 USC §101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title,
Claims 1-19 are rejected under 35 U.S.C, 101 because the claimed invention is directed to a
judicial exception (l.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly
more.
With regard to independent claim 1, this claim recites a method of independent claim 1, this claim is directed to a commercial interaction involving the sale and rental of drilling components and determining a rental fee based on a measured data transmission rate, which constitutes a commercial transaction and pricing arrangement between a service provider and an oil field operational participant, and falls into the “Certain Methods of Organizing Human Activity” grouping, an abstract idea.
Furthermore, independent claim 1 is not integrated into a practical application. The additional elements of drilling components, disposing the components into a borehole, transmitting data between downhole and surface locations, monitoring data rate with a control system and removing /replacing drilling components merely recite conventional oilfield equipment and activities performing their ordinary functions and therefore do not meaningfully limit the abstract idea.
In addition, independent claim does not include additional elements that amount to significantly more than the abstract idea itself. The recited drilling components, control system, and telemetry transmission represent well-understood, routine and conventional activities in the field and merely implement the abstract commercial concept. Thus, even when viewed as a whole, nothing in the claim adds significantly more (i.e., an inventive concept) to the abstract idea. The claim is ineligible.
With regard to dependent claim 2, this claim recites that the short life wired pipe drilling component is a wired pipe repeater. The claim is directed to a commercial transaction involving the sale and rental of drilling components and setting a rental fee based on measured data transmission rate, which falls into the “Certain methods of Organizing Human Activities” group. The additional limitation that the short life wired pipe drilling component is a wired pipe repeater merely specifies a type of drilling component used to transmit data and does not integrate the abstract idea into a practical application or amount to significantly more than the abstract idea. Thus, even when viewed as a whole, nothing in the claim adds significantly more (i.e., an inventive concept) to the abstract idea. The claim is ineligible.
With regard to dependent claim 3, this claim recites that the wired life repeater transmits payload data and overhead data and the overhead data is not included in the operation cost portion. This claim is directed to a commercial transaction involving determining or adjusting costs associated with the use of drilling components, which constitutes commercial and economic practices, and falls into the “Certain Methods of Organizing Human Activity” category, and abstract idea. The additional limitation that the wired pipe repeater transmits payload data and overhead data, and that the overhead data is excluded from an operation cost portion merely describes how certain data is categorized or accounted for when determining cost, and does not integrate the abstract idea into a practical application or amount to significantly more than the abstract idea. Thus, even when viewed as a whole, nothing in the claim adds significantly more (i.e., an inventive concept) to the abstract idea. The claim is ineligible.
With regard to dependent claim 4, this claim recites that providing the short life wired pip drilling component includes replacing the short life wired pipe drilling component. This claim is directed to a commercial transaction involving providing drilling components and determining rental fees based on data transmission rates, which falls into the “Certain Methods of Organizing Human Activity” category, and abstract idea. The additional limitation of replacing the short life wired pipe drilling component merely describes how certain data is categorized or accounted for when determining cost, and does not integrate the abstract idea into a practical application or amount to significantly more than the abstract idea. Thus, even when viewed as a whole, nothing in the claim adds significantly more (i.e., an inventive concept) to the abstract idea. The claim is ineligible.
With regard to dependent claim 5, this claim recites that the short life wired pipe drilling component is replace on a time interval. This claim is directed to a commercial transaction involving providing drilling components and determining rental fees based on data transmission rates, which falls into the “Certain Methods of Organizing Human Activity” category, and abstract idea. The additional limitation of replacing the wired pipe drilling component on a time interval merely describes routine maintenance scheduling of equipment, and does not integrate the abstract idea into a practical application or amount to significantly more than the abstract idea. Thus, even when viewed as a whole, nothing in the claim adds significantly more (i.e., an inventive concept) to the abstract idea. The claim is ineligible.
With regard to dependent claim 6, this claim recites that the time interval is bi-yearly. This claim is directed to a commercial transaction involving providing drilling components and determining rental fees based on data transmission rates, which falls into the “Certain Methods of Organizing Human Activity” category, and abstract idea. The additional limitation that the time interval is yearly merely describes a scheduling parameter for replacing equipment, and does not integrate the abstract idea into a practical application or amount to significantly more than the abstract idea. Thus, even when viewed as a whole, nothing in the claim adds significantly more (i.e., an inventive concept) to the abstract idea. The claim is ineligible.
With regard to dependent claim 7, this claim recites that the durable drilling component is a wired pipe segment that is configured to receive one or more elements of a communication infrastructure. This claim is directed to a commercial transaction involving providing drilling components and determining rental fees based on data transmission rates, which falls into the “Certain Methods of Organizing Human Activity” category, and abstract idea. The additional limitation that a wired pipe segment configured to receive elements of a communication infrastructure me merely describes the type and configuration of drilling equipment, and does not integrate the abstract idea into a practical application or amount to significantly more than the abstract idea. Thus, even when viewed as a whole, nothing in the claim adds significantly more (i.e., an inventive concept) to the abstract idea. The claim is ineligible.
With regard to dependent claim 8, this claim recites that the one or more elements of the communication infrastructure include a transmission device and one or more transmission lines. This claim is directed to a commercial transaction involving providing drilling components and determining rental fees based on data transmission rates, which falls into the “Certain Methods of Organizing Human Activity” category, and abstract idea. The additional limitation that the communication infrastructure includes a transmission device and transmission lines me merely describes conventional communication components, and does not integrate the abstract idea into a practical application or amount to significantly more than the abstract idea. Thus, even when viewed as a whole, nothing in the claim adds significantly more (i.e., an inventive concept) to the abstract idea. The claim is ineligible.
With regard to dependent claim 9, this claim recites that the transmission device is resonant coupler that includes one or more radio frequency antennas. This claim is directed to a commercial transaction involving providing drilling components and determining rental fees based on data transmission rates, which falls into the “Certain Methods of Organizing Human Activity” category, and abstract idea. The additional limitation that the communication infrastructure includes a transmission device and transmission lines merely describes conventional communication components, and does not integrate the abstract idea into a practical application or amount to significantly more than the abstract idea. Thus, even when viewed as a whole, nothing in the claim adds significantly more (i.e., an inventive concept) to the abstract idea. The claim is ineligible.
With regard to dependent claim 10, this claim recites a software product to the operator that allows for reception of data from at least one of the short life wired pipe drilling components, where providing includes licensing the software product. This claim is directed to a commercial transaction involving providing drilling components and determining rental fees based on data transmission rates, which falls into the “Certain Methods of Organizing Human Activity” category, and abstract idea. The additional limitation of licensing a software product for data reception merely describes conventional commercial arrangement, and does not integrate the abstract idea into a practical application or amount to significantly more than the abstract idea. Thus, even when viewed as a whole, nothing in the claim adds significantly more (i.e., an inventive concept) to the abstract idea. The claim is ineligible.
With regard to independent claim 11, recites a method of independent claim 1, this claim is directed to a commercial arrangement involving providing drilling components, determining rental fees based on data transmission rates, and licensing software for monitoring data, which falls into the “Certain Methods of Organizing Human Activity” grouping, an abstract idea.
Furthermore, independent claim 11 is not integrated into a practical application. The additional elements of durable and short life wired pipe drilling components, borehole placement, transmitting data between downhole and surface, monitoring with a control system, and replacing components based on a time interval and well-understood, routine and conventional. These elements merely implement the abstract idea using generic technology and do not integrate the abstract idea into a practical application.
In addition, independent claim does not include additional elements that amount to significantly more than the abstract idea itself. The recited durable and short life wired pipe drilling components, borehole placement, transmitting data between downhole and surface, monitoring with a control system, and replacing components based on a time interval represent well-understood, routine and conventional activities in the field and merely implement the abstract commercial concept. Thus, even when viewed as a whole, nothing in the claim adds significantly more (i.e., an inventive concept) to the abstract idea. The claim is ineligible.
With regard to dependent claim 12, this claim recites that the short life wired pipe drilling component is a wired pipe repeater. The claim is directed to a commercial transaction involving the sale and rental of drilling components and setting a rental fee based on measured data transmission rate, which falls into the “Certain methods of Organizing Human Activities” group. The additional limitation that the short life wired pipe drilling component is a wired pipe repeater merely specifies a type of drilling component used to transmit data and does not integrate the abstract idea into a practical application or amount to significantly more than the abstract idea. Thus, even when viewed as a whole, nothing in the claim adds significantly more (i.e., an inventive concept) to the abstract idea. The claim is ineligible.
With regard to dependent claim 13, this claim recites that the wired life repeater transmits payload data and overhead data and the overhead data is not included in the operation cost portion. This claim is directed to a commercial transaction involving determining or adjusting costs associated with the use of drilling components, which constitutes commercial and economic practices, and falls into the “Certain Methods of Organizing Human Activity” category, and abstract idea. The additional limitation that the wired pipe repeater transmits payload data and overhead data, and that the overhead data is excluded from an operation cost portion merely describes how certain data is categorized or accounted for when determining cost, and does not integrate the abstract idea into a practical application or amount to significantly more than the abstract idea. Thus, even when viewed as a whole, nothing in the claim adds significantly more (i.e., an inventive concept) to the abstract idea. The claim is ineligible.
With regard to dependent claim 14, this claim recites that providing the short life wired pip drilling component includes replacing the short life wired pipe drilling component. This claim is directed to a commercial transaction involving providing drilling components and determining rental fees based on data transmission rates, which falls into the “Certain Methods of Organizing Human Activity” category, and abstract idea. The additional limitation of replacing the short life wired pipe drilling component merely describes how certain data is categorized or accounted for when determining cost, and does not integrate the abstract idea into a practical application or amount to significantly more than the abstract idea. Thus, even when viewed as a whole, nothing in the claim adds significantly more (i.e., an inventive concept) to the abstract idea. The claim is ineligible.
With regard to dependent claim 15, this claim recites that the short life wired pipe drilling component is replace on a time interval. This claim is directed to a commercial transaction involving providing drilling components and determining rental fees based on data transmission rates, which falls into the “Certain Methods of Organizing Human Activity” category, and abstract idea. The additional limitation of replacing the wired pipe drilling component on a time interval merely describes routine maintenance scheduling of equipment, and does not integrate the abstract idea into a practical application or amount to significantly more than the abstract idea. Thus, even when viewed as a whole, nothing in the claim adds significantly more (i.e., an inventive concept) to the abstract idea. The claim is ineligible.
With regard to dependent claim 16, this claim recites that the time interval is bi-annual. This claim is directed to a commercial transaction involving providing drilling components and determining rental fees based on data transmission rates, which falls into the “Certain Methods of Organizing Human Activity” category, and abstract idea. The additional limitation that the time interval is annual merely describes a scheduling parameter for replacing equipment, and does not integrate the abstract idea into a practical application or amount to significantly more than the abstract idea. Thus, even when viewed as a whole, nothing in the claim adds significantly more (i.e., an inventive concept) to the abstract idea. The claim is ineligible.
With regard to dependent claim 17, this claim recites that the durable drilling component is a wired pipe segment that is configured to receive one or more elements of a communication infrastructure. This claim is directed to a commercial transaction involving providing drilling components and determining rental fees based on data transmission rates, which falls into the “Certain Methods of Organizing Human Activity” category, and abstract idea. The additional limitation that a wired pipe segment configured to receive elements of a communication infrastructure me merely describes the type and configuration of drilling equipment, and does not integrate the abstract idea into a practical application or amount to significantly more than the abstract idea. Thus, even when viewed as a whole, nothing in the claim adds significantly more (i.e., an inventive concept) to the abstract idea. The claim is ineligible.
With regard to dependent claim 18, this claim recites that the one or more elements of the communication infrastructure include a transmission device and one or more transmission lines. This claim is directed to a commercial transaction involving providing drilling components and determining rental fees based on data transmission rates, which falls into the “Certain Methods of Organizing Human Activity” category, and abstract idea. The additional limitation that the communication infrastructure includes a transmission device and transmission lines me merely describes conventional communication components, and does not integrate the abstract idea into a practical application or amount to significantly more than the abstract idea. Thus, even when viewed as a whole, nothing in the claim adds significantly more (i.e., an inventive concept) to the abstract idea. The claim is ineligible.
With regard to dependent claim 19, this claim recites that the transmission device is resonant coupler that includes one or more radio frequency antennas. This claim is directed to a commercial transaction involving providing drilling components and determining rental fees based on data transmission rates, which falls into the “Certain Methods of Organizing Human Activity” category, and abstract idea. The additional limitation that the communication infrastructure includes a transmission device and transmission lines merely describes conventional communication components, and does not integrate the abstract idea into a practical application or amount to significantly more than the abstract idea. Thus, even when viewed as a whole, nothing in the claim adds significantly more (i.e., an inventive concept) to the abstract idea. The claim is ineligible.
Response to Arguments
Applicant's arguments filed 1/9/26 have been fully considered but they are not persuasive.
Applicant argues that claim 1 and 11 have been amended to make both claims tied to an actual drilling process, which according to Applicant is tangible, concrete and cannot be done by the human mind. However, Examiner respectfully disagrees. First, Examiner did not direct the claims to being performed in the human mind or “Mental Processes”. Examiner directed the claims as falling into the “Certain Methods of Organizing Human Activity”. In addition, although the claims do disclose physical equipment, the 101 analysis focuses on whether the claims ae directed to a judicial exception and if any additional elements provide significantly more than the exception, in addition to the commercial arrangement for providing drilling components, determining rental fees based on data rates, and licensing software for monitoring data, which constitutes a method of organizing human activity, an abstract idea. Although the claims disclose drilling equipment and telemetry operations, these elements are conventional, routine and well-understood, and merely provide context for implementing the abstract idea. The claims do not provide additional elements that integrate the abstract idea into a practical application or that improve the technology of drilling or data transmission. The claim therefore remain rejected under 35 USC 101.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Akiba Robinson whose telephone number is 571-272-6734 and email is Akiba.Robinsonboyce@USPTO.gov. The examiner can normally be reached on Monday-Thursday 6:30am-4:30pm.
If attempts to reach the Examiner by telephone are unsuccessful, the Examiner's supervisor, Nathan Uber can be reached on 571-270-3923. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Any inquiry of a general nature or relating to the status of this application or proceeding should be directed to the receptionist whose telephone number is (703) 305-3900.
April 8, 2026
/AKIBA K ROBINSON/Primary Examiner, Art Unit 3628
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