DETAILED ACTION
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 30 October 2025 has been entered.
Response to Amendments/Arguments
Applicant’s arguments with respect to claims 13-18, 20-22, and 24-31 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
Claims 13-15, 18, 20-22, 28, and 31 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 10,648,282 to Beach et al. (hereinafter referred to as Beach; previously cited).
With regards to claim 13, Beach discloses a measurement device (e.g., a check valve 18) for a core drilling tool (the drilling tool partially shown in fig. 1), the measurement device comprising:
one or more data acquisition portions (data acquisition system 60; fig. 3), and
a housing portion configured to receive the one or more data acquisition portions (all parts of check valve 18 except for data acquisition system 60 received therein; see fig. 3b),
wherein the measurement device is a single backend component (a check valve) that replaces and functions as only one component of a backend assembly of the core drilling tool without affecting the function of the component or the operation of the core drilling tool (this "replaces and functions …" 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 check valve 18 with the same valve in a repair or maintenance operation) and is adapted for removable connection thereto (via the threaded parts 23, 25 of valve body 20 that couple to head assembly 12 and inner core tube 16, see fig. 4b; also note the check valve 18 can clearly be decoupled from the tool according to col. 6, ll. 48-59), wherein the component is one of a spindle bearing assembly, a spindle bushing, an inner tube cap assembly, a check valve (this component is check valve 18) or a grease cap, and
wherein the one or more data acquisition portions comprise a data processing unit (data acquisition system 60 acquires and later provides data including, but not limited to, core orientation as per col. 1, ll. 10-13 and col. 7, ll. 23-50, and is broadly seen to comprise a data processing unit, also note that there are no specific limitations placed on the recited data processing unit).
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With regards to claim 14, Beach discloses the measurement device according to claim 13. Beach further discloses the one or more data acquisition portions further comprising a detecting portion and a data storage unit (data acquisition system 60 comprises devices and sensors for measuring, e.g., core orientation, and is configured to provide core orientation information as per col. 1, ll. 10-13 and col. 7, ll. 23-50; the sensor corresponds to the detecting portion and the data storage unit is implicitly disclosed as data must be at least temporarily stored before it can be provided to the outside for appropriate use; note that there are no specific limitations placed on the detecting portion or data storage unit).
With regards to claim 15, Beach discloses the measurement device according to claim 13. Beach further discloses the one or more data acquisition portions being associated with a power source (electrical power storage device 66; col. 6, l. 60 to col. 7, l. 3).
With regards to claim 16, Beach discloses the measurement device according to claim 13. Beach further discloses the one or more data acquisition portions being associated with a communication portion (data acquisition system 60 collects information on, e.g., core orientation, and is configured to provide said core orientation information as per col. 1, ll. 10-13 and col. 7, ll. 23-50; the communication portion is the part that provides collected data to the outside for appropriate use; note that there are no specific limitations placed on this communication portion).
With regards to claim 18, Beach discloses the measurement device according to claim 13. Beach further discloses the one or more data acquisition portions comprising a temperature sensor and an orientation sensor (data acquisition system 60 may include a temperature sensor and an orientation sensor; col. 7, ll. 23-43).
With regards to claim 20, Beach discloses the measurement device according to claim 13. Beach further discloses the housing portion comprising one or more receiving portions configured to receive the one or more data acquisition portions (a sealed cavity within valve member 22; col. 6, ll. 60-63).
With regards to claim 21, Beach discloses the measurement device according to claim 13. Beach further discloses one or more receiving portions being located within a body of the housing portion (a sealed cavity within valve member 22; col. 6, ll. 60-63).
With regards to claim 22, Beach discloses the measurement device according to claim 13. Beach further discloses the housing portion comprising a lid portion (cap 38)..
With regards to claim 28, Beach discloses the measurement device according to claim 13. Beach further discloses the single backend component is 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, the language of this claim 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); also note that the "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 31, Beach discloses the measurement device according to claim 13. Beach further discloses the housing portion comprises a pressure equalization mechanism configured to maintain internal pressure equilibrium during drilling operations, the pressure equalization mechanism comprising one or more of a valve, regulator, port, vent, or diaphragm (valve member 22 is displaced to equalize pressure downhole and uphole thereof during tool descent; see col. 8, ll. 20-36).
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 17 and 24 are rejected under 35 U.S.C. 103 as being unpatentable over Beach as applied to claim 13 above, and further in view of US 7,497,276 to Pastusek et al. (hereinafter referred to as Pastusek).
With regards to claim 17, Beach discloses the measurement device according to claim 13. However, Beach does not expressly teach the one or more data acquisition portions comprising miniaturised electronic componentry.
Pastusek teaches the feature of providing one or more data acquisition portions (electronics/data analysis module 290/300; see col. 7, ll. 10-25 and fig. 6) as 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"). It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to similarly have the one or more data acquisition portions of Beach comprise miniaturised electronic componentry like in Pastusek. Doing so would provide the predictable benefit of decreasing the size of the data acquisition portions for inclusion within the limited space available.
With regards to claim 24, Beach discloses the measurement device according to claim 13. However, Beach does not expressly teach one or more data acquisition portions being arranged in a radial array configuration.
Pastusek 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 of Beach in a radial array configuration like 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.
Claims 25 and 29 are rejected under 35 U.S.C. 103 as being unpatentable over Beach.
With regards to claim 25, Beach teaches a measurement device (e.g., a check valve 18) for a core drilling tool (the drilling tool partially shown in fig. 1), the measurement device comprising:
one or more data acquisition portions (data acquisition system 60; fig. 3), and
a housing portion configured to receive the one or more data acquisition portions (all parts of check valve 18 except for data acquisition system 60 received therein; see fig. 3b).
Beach does not expressly teach the measurement device being a single backend component that is a spindle bushing of a backend assembly 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.
Still, Beach has clearly demonstrated that it is hitherto known to integrate an orientation device into a standard component of a backend assembly of a core drilling tool, thus providing the core orientation data collection functionality without addition of a dedicated sub or other extension. Although Beach does not expressly teach a specific example in which the orientation device is located in another component, the precise identity of the component that receives the orientation device for measuring core orientation would not materially affect the collection of core orientation data, and nothing about such modification would be particularly difficult to one of ordinary skill in the art. Such modification also would not produce any unexpected results. In other words, no matter the location of the core orientation electronics, the electronics would serve to collect orientation data, etc., in the same manner. It is accordingly found that it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to apply the teachings of Beach to another part of a core drilling tool backend assembly, such as a spindle bushing of a spindle assembly, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950). One of ordinary skill in the art would be motivated to make such modification in order to locate the sensors/electronics of the data acquisition system 60 wherever there could be room to do so in order to best fit desired power supply and electronic devices, for example.
As for the language "only replaces one component of the backend assembly of the core drilling tool without affecting the operation of the core drilling tool," this, as best understood, is directed to how the claimed measurement device is intended to be used and is not a positive limitation on the measurement device itself. The core drilling tool is moreover not part of the claimed measurement device, and as such this intended use language is not being given patentable weight. In addition, this limitation would be anticipated by the mere replacement of the part containing data acquisition system 60 in a repair or maintenance operation.
With regards to claim 29, Beach teaches the measurement device according to claim 25. As stated above, it would be obvious in view of the teachings of Beach to have the single backend component be a segment of a spindle assembly (e.g., a spindle bushing). Further, like stated above, the phrase "the segment being the only one component of the backend assembly of the core drilling tool that is replaced" is directed to how the claimed measurement device is intended to be used and is not a positive limitation on the measurement device itself. The core drilling tool is moreover not part of the claimed measurement device, and as such this intended use language is not being given patentable weight. In addition, this limitation would be anticipated by the mere replacement of the part containing data acquisition system 60 in a repair or maintenance operation.
Claims 26, 27, and 30 are rejected under 35 U.S.C. 103 as being unpatentable over Beach and NO 342901 to Borg.
With regards to claim 26, Beach teaches a measurement device (e.g., a check valve 18) for a core drilling tool (the drilling tool partially shown in fig. 1), the measurement device comprising:
one or more data acquisition portions (data acquisition system 60; fig. 3), and
a housing portion configured to receive the one or more data acquisition portions (all parts of check valve 18 except for data acquisition system 60 received therein; see fig. 3b),
wherein the measurement device is a single backend component (a check valve) that replaces and functions as only one component of a backend assembly of the core drilling tool without affecting the function of the component or the operation of the core drilling tool (this "replaces and functions …" 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 check valve 18 with the same valve in a repair or maintenance operation) and is adapted for removable connection thereto (via the threaded parts 23, 25 of valve body 20 that couple to head assembly 12 and inner core tube 16, see fig. 4b; also note the check valve 18 can clearly be decoupled from the tool according to col. 6, ll. 48-59).
Beach does not teach the one or more data acquisition portions being configured to acquire data according to a plurality of patterns.
Borg teaches a measurement device (orientation unit 103) for a core drilling tool wherein one or more data acquisition portions (the sensors and processors of p. 2, ll. 25-28/p. 10, ll. 10-11) is configured to acquire data according to a plurality of patterns (continuously, in an event-driven manner, or based on a timer as desired; p. 11, ll. 8-32).
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 Beach such that the one or more data acquisition portions is configured to acquire data according to a plurality of patterns as in Borg. One of ordinary skill in the art would be motivated to do so in order to be able to select the pattern best suited for a particular drilling environment, optimize the collection of data around events of interest, guarantee data collection throughout an operation, etc.
With regards to claim 27, the combination of Beach and Borg teaches the measurement device according to claim 26. Borg further teaches the feature of one or more data acquisition portions being configured to acquire data continuously in a first pattern (e.g., in the continuous process of p. 11, ll. 17-24) and at a predetermined interval in a second pattern (e.g., at the system's sampling rate in the event-driven process of p. 11, ll. 12-16).
With regards to claim 30, the combination of Beach and Borg teaches the measurement device according to claim 26. This combination does not expressly teach the single backend component being a segment of a spindle assembly, nor the segment being the only one component of the backend assembly of the core drilling tool that is replaced.
Still, Beach has clearly demonstrated that it is hitherto known to integrate an orientation device into a standard component of a backend assembly of a core drilling tool, thus providing the core orientation data collection functionality without addition of a dedicated sub or other extension. Although Beach does not expressly teach a specific example in which the orientation device is located in another component, the precise identity of the component that receives the orientation device for measuring core orientation would not materially affect the collection of core orientation data, and nothing about such modification would be particularly difficult to one of ordinary skill in the art. Such modification also would not produce any unexpected results. In other words, no matter the location of the core orientation electronics, the electronics would serve to collect orientation data, etc., in the same manner. It is accordingly found that it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to apply the teachings of Beach to another part of a core drilling tool backend assembly, such as a segment of a spindle assembly, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950). One of ordinary skill in the art would be motivated to make such modification in order to locate the sensors/electronics of the data acquisition system 60 wherever there could be room to do so in order to best fit desired power supply and electronic devices, for example.
As for the language "the segment being the only one component of the backend assembly of the core drilling tool that is replaced," this, as best understood, is directed to how the claimed measurement device is intended to be used and is not a positive limitation on the measurement device itself. The core drilling tool is moreover not part of the claimed measurement device, and as such this intended use language is not being given patentable weight. In addition, this limitation would be anticipated by the mere replacement of the part containing data acquisition system 60 in a repair or maintenance operation.
Conclusion
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.
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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
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