DETAILED ACTION
Information Disclosure Statement
The information disclosure statement filed 14 February 2025 is acknowledged and the information referred to therein has been considered.
Response to Amendments/Arguments
Applicant's arguments filed 24 February 2025 with respect to the 35 U.S.C. 102 and 103 rejections of claims 13-18, 20-22, and 24-27 have been fully considered but they are not persuasive.
The applicant argues that the device of the applied references does not read on the claimed invention because "the measurement device replaces one and only one part of the backend assembly," and "In contrast, the cited references replace the entire backend assembly."
Again, it is noted that the OriCORE STD does not replace an entire backend assembly. The scope of the term "backend assembly," as used by the applicant, is understood to correspond to the elements shown in fig. 1A-1B of the instant application for element 100. The OriCORE STD replaces and functions as the core head of a backend assembly. This is but one part of a backend assembly, and the OriCORE STD is accordingly seen to be a "single" or "one" "component" of a backend assembly because it does not constitute an entire backend assembly. The scope of the term "single backend component" in the claims is moreover defined using broad, inclusive language, and is not limited to consisting only one of the elements listed in the claims. As currently presented, the claim language thus does not exclude the cited references from reading on the invention as claimed.
With regards to the comments on the spindle bushing, the examiner disagrees with the argument that the importance thereof has been misconstrued. The claim language does not require that the spindle bushing be "be used as a replacement of a single part in the standard backend assembly to provide the functionality," merely that the component "comprise" a spindle bushing. As stated previously and again below, the OriCORE STD comprises a spindle bushing, and thus satisfies the requirements of the claim language.
The further arguments relating to weight on page 6 are noted, but it is also noted that these further features described by the applicant (e.g., weight) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
For these reasons, the previous rejections of the claims are being maintained.
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 25 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Core Magazine "Leading Us in a New Direction: Eirik Borg's AziDrill made by AziWell" by Bjorn Christiansen, Issue 6, January 2018 (cited by applicant) (hereinafter referred to as Christiansen), incorporating by reference the product specification for Aziwell's OriCORE STD (Aziwell "OriCORE STD" 2017; cited by applicant and partially reproduced below).
With regards to claim 25, Christiansen discloses a measurement device (the OriCORE STD; the product specification (partially reproduced below) of which is relied upon below to teach the inherent features/characteristics of the OriCORE STD) for a core drilling tool (a core drilling assembly), the measurement device comprising:
one or more data acquisition portions (sensors for measuring orientation, inclination, gravity, temperature, and battery status, and the memory; see annotations 1 and 2), and
a housing portion (the body of the OriCORE STD; see annotation) configured to receive the one or more data acquisition portions ("the OriCORE™ … is the first-ever core orienter to have its electronics fully integrated into a standard-length core barrel-head assembly", Christiansen, p. 18, col. 3, ll. 24-26),
wherein the measurement device comprises (i.e., includes—note that this claim language is open ended and does not limit the measurement device to being or consisting only of one component) a single backend component that is a spindle bushing (The OriCORE STD product specification shows the OriCORE STD comprising a spindle bushing above an inner tube cap assembly. The OriCORE STD therefore clearly comprises a single backend component that is a spindle bushing.) of a backend assembly (as best understood, the scope of the term "backend assembly" corresponds to the elements shown in fig. 1A-1B for element 100, although it is acknowledged that the constituent parts of a backend assembly can vary) of the core drilling tool and only replaces one component of the backend assembly of the core drilling tool without affecting the operation of the core drilling tool (this language is ambiguous in that it is not clear whether the referend is the measurement device or the single backend component, but presumably the referend is the former, and note that the OriCORE STD replaces and functions as the core head of a backend assembly, the core head corresponding to "one component" because it does not constitute an entire backend assembly, without affecting the operation of the core drilling tool ("Consequently, there is no need to extend the core barrel to compensate for the core orienter electronics or compromise on core length. The OriCORETM simply replaces the standard core barrel head, all done in a five-minute operation, thus eliminating the time consuming and expensive rod tripping when oriented core is needed," Christiansen, p. 18, col. 3, ll. 27-34)).
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With regards to claim 29, Christensen discloses the measurement device according to claim 25. Christensen further teaches the single backend component being a segment of a spindle assembly (the spindle bushing mapped to the "single backend component" is part of a spindle assembly), the segment being the only one component of the backend assembly of the core drilling tool that is replaced. (This language, as best understood, is directed to how the claimed measurement device is intended to be used and is not a positive limitations on the measurement device itself. The core drilling tool is moreover not part of the claimed measurement device, and because the applied reference teaches the positively recited structure of the claim, it anticipates the instant apparatus claim. In addition, this limitation would be anticipated by the mere replacement of a spindle assembly part of a core drilling tool already adapted to include an OriCORE STD).
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 13-18, 20-22, 24, 26-28, and 30 are rejected under 35 U.S.C. 103 as being unpatentable over Christiansen in view of US 7,497,276 to Pastusek et al. (hereinafter referred to as Pastusek).
With regards to claim 13, Christiansen teaches a measurement device (the OriCORE STD; the product specification (partially reproduced below) of which is relied upon below to teach the inherent features/characteristics of the OriCORE STD) for a core drilling tool (a core drilling assembly), the measurement device comprising:
one or more data acquisition portions (sensors for measuring orientation, inclination, gravity, temperature, and battery status, and the memory; see annotations 1 and 2), and
a housing portion (the body of the OriCORE STD; see annotation above) configured to receive the one or more data acquisition portions ("the OriCORE™ … is the first-ever core orienter to have its electronics fully integrated into a standard-length core barrel-head assembly", Christiansen, p. 18, col. 3, ll. 24-26),
wherein the measurement device comprises (i.e., includes—note that this claim language is open ended and does not limit the measurement device to being or consisting only of one component) a single backend component that replaces and functions as only one component of a backend assembly of the core drilling tool (the OriCORE STD replaces and functions as the core head of a backend assembly, and this is "one component" because it does not constitute an entire backend assembly; also note that as best understood, the scope of the term "backend assembly" corresponds to the elements shown in fig. 1A-1B for element 100, although it is acknowledged that the constituent parts of a backend assembly can vary) without affecting the function of the component or the operation of the core drilling tool ("Consequently, there is no need to extend the core barrel to compensate for the core orienter electronics or compromise on core length. The OriCORETM simply replaces the standard core barrel head, all done in a five-minute operation, thus eliminating the time consuming and expensive rod tripping when oriented core is needed," Christiansen, p. 18, col. 3, ll. 27-34) and is adapted for removable connection thereto (to the core drilling tool, see annotation 4), the component comprising one of a spindle bearing assembly, a spindle bushing, an inner tube cap assembly, a check valve or a grease cap (in the product specification, the OriCORE STD is shown comprising at least a spindle bearing assembly, a spindle bushing, and an inner tube cap assembly; also note that the language "comprising one" is not limited to only one of the listed elements).
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Christiansen does not expressly teach the one or more data acquisition portions comprising a data processing unit.
Pastusek teaches a measurement device (see the assembly in fig. 3A at one end of drill bit 200, which may be a core bit or any other earth-boring tool with an electronics module as per col. 5, ll. 39-46) for a core drilling tool (the drilling assembly shown in fig. 1), wherein one or more data acquisition portions (electronics/data analysis module 290/300; see col. 7, ll. 10-25 and fig. 6) comprise a data processing unit (processor 320).
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to configure the measurement device taught by Christiansen such that the one or more data acquisition portions comprises a data processing unit as in Pastusek, with the various sensors and memory connected thereto, in order to control the sensors, take readings, store readings, and transmit collected data to outside the device.
With regards to claim 14, the combination of Christiansen and Pastusek teaches the measurement device according to claim 13. Christiansen further teaches the one or more data acquisition portions further comprise a detecting portion (see annotation 1) and a data storage unit (see annotation 2).
With regards to claim 15, the combination of Christiansen and Pastusek teaches the measurement device according to claim 13. Christiansen further teaches the one or more data acquisition portions being associated with a power source (OriCORE STD is powered by standard batteries; see annotation 5).
With regards to claim 16, the combination of Christiansen and Pastusek teaches the measurement device according to claim 13. Christiansen further teaches the one or more data acquisition portions being associated with a communication portion (OriCORE STD uses BLE to communicate data; see annotation 6).
With regards to claim 17, the combination of Christiansen and Pastusek teaches the measurement device according to claim 13. This combination further teaches the one or more data acquisition portions comprises miniaturised electronic componentry (as described in col. 8, l. 42 to col. 9, l. 57 of Pastusek, processor 320 comprises non-discrete components (integrated SRAM, flash memory, etc., and is thus found to comprise "miniaturised electronic componentry").
With regards to claim 18, the combination of Christiansen and Pastusek teaches the measurement device according to claim 13. Christiansen further teaches the one or more data acquisition portions comprising a temperature sensor and an orientation sensor (OriCORE STD includes both orientation and temperature sensors; see annotation 1).
With regards to claim 20, the combination of Christiansen and Pastusek teaches the measurement device according to claim 13. Christiansen further teaches the housing portion comprising one or more receiving portions (i.e., an "inside") configured to receive the one or more data acquisition portions (the various sensors accommodated within OriCORE STD are located within the housing portion shown; note in particular the language "the OriCORE™ Core Orienter, which is the first-ever core orienter to have its electronics fully integrated into a standard-length core barrel-head assembly" on p. 18, col. 3, ll. 24-26 of Christiansen).
With regards to claim 21, the combination of Christiansen and Pastusek teaches the measurement device according to claim 13. Christiansen further teaches one or more receiving portions (i.e., an "inside") being located within a body (the metallic outer shell of the OriCORE STD) of the housing portion (the various sensors accommodated within OriCORE STD are located within the housing portion shown; note in particular the language "the OriCORE™ Core Orienter, which is the first-ever core orienter to have its electronics fully integrated into a standard-length core barrel-head assembly" on p. 18, col. 3, ll. 24-26 of Christiansen).
With regards to claim 22, the combination of Christiansen and Pastusek teaches the measurement device according to claim 13. Christiansen further teaches the housing portion comprising a lid portion (the spindle bushing in the annotated figure—this portion below the red washer in the photo covers the bottom of the body of the OriCORE STD).
With regards to claim 24, the combination of Christiansen and Pastusek teaches the measurement device according to claim 13. As applied to claim 13, this combination does not expressly teach one or more data acquisition portions being arranged in a radial array configuration.
However, Pastusek further teaches the feature of one or more data acquisition portions (electronics/data analysis module 290/300; see col. 7, ll. 10-25 and fig. 6) being arranged in a radial array configuration (the parts of electronics/data analysis module 290/300 are configured in an array located radially outward of the axial center of drill bit 200 in fig. 3A). It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to arrange the one or more data acquisition portions taught by the combination of Christiansen and Pastusek in a radial array configuration as shown in fig. 3A of Pastusek. Doing so would enable the data acquisition portions to be spread out circumferentially and minimize the radial thickness taken up thereby, compared to configuration in which all electronics are located in a single concentrated area, and only minimally impact the structural integrity of the surrounding housing.
With regards to claim 26, Christiansen teaches a measurement device (the OriCORE STD; the product specification (partially reproduced below) of which is relied upon below to teach the inherent features/characteristics of the OriCORE STD) for a core drilling tool (a core drilling assembly), the measurement device comprising:
one or more data acquisition portions (sensors for measuring orientation, inclination, gravity, temperature, and battery status, and the memory; see annotations 1 and 2 above), and
a housing portion (the body of the OriCORE STD; see annotation above) configured to receive the one or more data acquisition portions ("the OriCORE™ … is the first-ever core orienter to have its electronics fully integrated into a standard-length core barrel-head assembly", Christiansen, p. 18, col. 3, ll. 24-26),
wherein the measurement device comprises (i.e., includes—note that this claim language is open ended and does not limit the measurement device to being or consisting only of one component) a single backend component that replaces and functions as only one component of a backend assembly of the core drilling tool (the OriCORE STD replaces and functions as the core head of a backend assembly, and this is "one component" because it does not constitute an entire backend assembly; also note that as best understood, the scope of the term "backend assembly" corresponds to the elements shown in fig. 1A-1B for element 100, although it is acknowledged that the constituent parts of a backend assembly can vary; this one component can alternatively be any one part of the constituent spindle assembly of a core drilling tool already adapted to include an OriCORE STD) without affecting the function of the component or the operation of the core drilling tool ("Consequently, there is no need to extend the core barrel to compensate for the core orienter electronics or compromise on core length. The OriCORETM simply replaces the standard core barrel head, all done in a five-minute operation, thus eliminating the time consuming and expensive rod tripping when oriented core is needed," Christiansen, p. 18, col. 3, ll. 27-34) and is adapted for removable connection thereto (to the core drilling tool, see annotation 4 above).
Christiansen does not expressly teach the one or more data acquisition portions being configured to acquire data according to a plurality of patterns.
Pastusek teaches a measurement device (see the assembly in fig. 3A at one end of drill bit 200, which may be a core bit or any other earth-boring tool with an electronics module as per col. 5, ll. 39-46) for a core drilling tool (the drilling assembly shown in fig. 1) wherein one or more data acquisition portions electronics/data analysis module 290/300; see col. 7, ll. 10-25 and fig. 6) is configured to acquire data according to a plurality of patterns (in different sampling modes; see col. 7, ll. 11-14, col. 10, l. 4 to col. 11, l. 17, etc.).
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to similarly configure the measurement device taught by Christiansen such that the one or more data acquisition portions is configured to acquire data according to a plurality of patterns as in Pastusek. Pastusek teaches that such modification (adaptive sampling by sensors in different modes based on a timing event or when an adaptive threshold has been reached) would enable optimizing memory usage, power usage, or combination thereof, relative to collecting and processing the most useful and detailed information (col. 10, ll. 32-40).
With regards to claim 27, combination of Christiansen and Pastusek teaches the measurement device according to claim 26. Pastusek further teaches the feature of one or more data acquisition portions being configured to acquire data continuously in a first pattern (in "background mode" until some adaptive threshold is met to change sampling modes or a timing event occurs; see col. 10, ll. 53-57 & 60-66, col. 13, ll. 48-57 and col 14, ll. 33-46) and at a predetermined interval in a second pattern (at a rate of 200 samples/sec in "burst mode"; see col. 10, ll. 27-28).
With regards to claim 28, the combination of Christensen and Pastusek teaches the measurement device according to claim 13. This combination further teaches the single backend component being a segment of a spindle assembly, the segment being the only one component of the backend assembly of the core drilling tool that is replaced (Claim 13 requires that the component comprise one of a list of elements. This limitation only limits one of said list of elements, and does not negate or cancel out alternatives in the "comprising one of …" language of claim 13. Accordingly, this language is understood to be optional because it is not required for all options within the scope of claim 13. Language that suggests or makes a feature or step optional but does not require that feature or step does not limit the scope of a claim under the broadest reasonable claim interpretation. In addition, when a claim requires selection of an element from a list of alternatives, the prior art teaches the element if one of the alternatives is taught by the prior art. See, e.g., Fresenius USA, Inc. v. Baxter Int’l, Inc., 582 F.3d 1288, 1298, 92 USPQ2d 1163, 1171 (Fed. Cir. 2009)) (Furthermore, the OriCORE STD comprises a spindle assembly, and any one part of this spindle assembly can correspond to the claimed segment and would anticipate all "replacement" limitations by the mere replacement of a spindle assembly part of a core drilling tool already adapted to include an OriCORE STD; Also note that this "replaced" language, as best understood, is directed to how the claimed measurement device is intended to be used and is not a positive limitations on the measurement device itself.).
With regards to claim 30, the combination of Christensen and Pastusek teaches the measurement device according to claim 26. This combination further teaches the single backend component being a segment of a spindle assembly (the OriCORE STD comprises a spindle assembly, and any one part of this spindle assembly can correspond to the claimed segment and would anticipate all "replacement" limitations by the mere replacement of a spindle assembly part of a core drilling tool already adapted to include an OriCORE STD), the segment being the only one component of the backend assembly of the core drilling tool that is replaced (This language, as best understood, is directed to how the claimed measurement device is intended to be used and is not a positive limitations on the measurement device itself. The core drilling tool is moreover not part of the claimed measurement device, and because the applied references teach the positively recited structure of the claim, it anticipates the instant apparatus claim. In addition, this limitation would be anticipated by the mere replacement of a spindle assembly part of a core drilling tool already adapted to include an OriCORE STD).
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 James Split whose telephone number is (571)270-1524. The examiner can normally be reached Monday to Friday, 9:00 to 3:30.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Judy Nguyen can be reached at (571)272-2258. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JS/Examiner, Art Unit 2858
/JUDY NGUYEN/Supervisory Patent Examiner, Art Unit 2858