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 .
DETAILED ACTION
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 1-17 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
Specifically, representative Claim 1 recites:
“A system including: at least one commercial blasting system element in the form of a translocation monitoring unit (TMU), configured to reside in a borehole, coupled to a wireless initiation device that is configured for commercial blasting, wherein the TMU includes: an inertial measurement unit (IMU) configured to measure spatial displacement of the IMU based on one or more movement sensors of the IMU; and an electronic processing unit, and a memory coupled to the electronic processing unit having instructions that when executed by the electronic processing unit cause the electronic processing unit to: evaluate a spatial displacement of the wireless initiation device based on the measured spatial displacement of the IMU determine by the TMU whether the wireless initiation device should or needs to be transitioned to a safe and/or standby mode, or, a reset and/or disabled state and selectively generate and issue a state transition signal and/or command, by which the wireless initiation device is transitioned to a safe and/or standby mode or a reset and/or disabled state, after the wireless initiation device has been programmed and/or encoded, if the evaluated spatial displacement is greater than at least one translocation distance threshold, such that the wireless initiation device automatically transitions to the safe and/or standby mode or the reset and/or disabled state based on the evaluated spatial displacement”.
The claim limitations in the abstract idea have been highlighted in bold above; the remaining limitations are “additional elements”.
Under the Step 1 of the eligibility analysis, we determine whether the claims are to a statutory category by considering whether the claimed subject matter falls within the four statutory categories of patentable subject matter identified by 35 U.S.C. 101: Process, machine, manufacture, or composition of matter. The above claim is considered to be in a statutory category (process).
Under the Step 2A, Prong One, we consider whether the claim recites a judicial exception (abstract idea). In the above claim, the highlighted portion constitutes an abstract idea because, under a broadest reasonable interpretation, it recites limitations that fall into/recite an abstract idea exceptions. Specifically, under the 2019 and 2024 Revised Patent Subject matter Eligibility Guidance, it falls into the groupings of subject matter that covers mental processes – concepts performed in the human mind including an observation, evaluation, judgement, and/or opinion.
In the context of this claim, these mental steps encompass making a decision/judgement regarding a transition of an initiation device state based on available/measured spacial displacement data matching/not matching the known spatial displacement distance threshold. According to MPEP 2106.04(a)(2). III “As the Federal Circuit has explained, "[c]ourts have examined claims that required the use of a computer and still found that the underlying, patent-ineligible invention could be performed via pen and paper or in a person’s mind." Versata Dev. Group v. SAP Am., Inc., 793 F.3d 1306, 1335, 115 USPQ2d 1681, 1702 (Fed. Cir. 2015). See also Intellectual Ventures I LLC v. Symantec Corp., 838 F.3d 1307, 1318, 120 USPQ2d 1353, 1360 (Fed. Cir. 2016) (‘‘[W]ith the exception of generic computer-implemented steps, there is nothing in the claims themselves that foreclose them from being performed by a human, mentally or with pen and paper.’’); Mortgage Grader, Inc. v. First Choice Loan Servs. Inc., 811 F.3d 1314, 1324, 117 USPQ2d 1693, 1699 (Fed. Cir. 2016) (holding that computer-implemented method for "anonymous loan shopping" was an abstract idea because it could be "performed by humans without a computer").”
Next, under the Step 2A, Prong Two, we consider whether the claim that recites a judicial exception is integrated into a practical application.
In this step, we evaluate whether the claim recites additional elements that integrate the exception into a practical application of that exception.
The above claims comprise the following additional elements:
In Claim 1: A system including: at least one commercial blasting system element in the form of a translocation monitoring unit (TMU), configured to reside in a borehole, coupled to a wireless initiation device that is configured for commercial blasting, wherein the TMU includes: an inertial measurement unit (IMU) configured to measure spatial displacement of the IMU based on one or more movement sensors of the IMU; and an electronic processing unit, and a memory coupled to the electronic processing unit having instructions … executed by the electronic processing unit; the wireless initiation device has been programmed and/or encoded; the wireless initiation device automatically transitions to the safe and/or standby mode or the reset and/or disabled state;
In Claim 15: A method including: automatically evaluating spatial displacement of a wireless initiation device associated with commercial blasting based on: one or more movement sensors of an inertial measurement unit (IMU) in a translocation monitoring unit (TMU) configured to reside in a borehole; the TMU determining whether the wireless initiation device should or needs to be transitioned to a safe and/or standby mode, or, reset and/or disabled state, including when the TMU resides in the borehole; the TMU generating and issuing a state transition signal and/or command by which the wireless initiation device can be or is transitioned to a safe and/or standby mode or a reset and/or disabled state, after the wireless initiation device has been programmed and/or encoded; the wireless initiation device automatically transitions its state.
The additional elements in the preambles are recited in generality and represent insignificant extra-solution activity (field-of-use limitations) that is not meaningful to indicate a practical application. Similarly, the limitations such as at least one commercial blasting system element in the form of a translocation monitoring unit (TMU), configured to reside in a borehole, which is configured to be couplable to, coupled to or incorporated in a wireless initiation device that is configured for commercial blasting are not meaningful and represent field-of-use/insignificant extra-solution activity.
The additional elements such as an electronic processing unit, memory, and programming of the wireless initiation device are examples of generic computer equipment (components/functions) that are generally recited and, therefore, are not qualified as particular machines. The limitations that generically recite an inertial measurement unit (IMU) configured to measure spatial displacement of the IMU based on one or more movement sensors of the IMU, and/or an externally-generated localization signal reception unit configured wirelessly receive one or more types of externally-generated localization signals transmitted by one or more localization signal sources disposed external to the TMU and external to the wireless initiation device (Claim 1, and similar features of Claim 15) represent insignificant extra-solution activity of mere data gathering (and corresponding data communication) to the judicial exception. According to the October update on 2019 SME Guidance such steps are “performed in order to gather data for the mental analysis step, and is a necessary precursor for all uses of the recited exception. It is thus extra-solution activity, and does not integrate the judicial exception into a practical application”. The limitations that reside “the TMU generating and issuing a state transition signal” and “the wireless initiation device automatically transitions its state” are not meaningful limitations as recited in generality and also represent insignificant extra-solution activity.
Therefore, the claims are directed to a judicial exception and require further analysis under the Step 2B.
However, the above claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception (Step 2B analysis) because these additional elements/steps are well-understood and conventional in the relevant art based on the prior art of record.
The independent claims, therefore, are not patent eligible.
With regards to the dependent claims, claims 2-14 and 16-17 provide additional features/steps which are part of an expanded abstract idea of the independent claims (additionally comprising mental process steps and/or additional elements that are recited in generality/not meaningful) and, therefore, these claims are not eligible either without meaningful additional elements that reflect a practical application and/or qualified for significantly more for substantially similar reasons as discussed with regards to Claims 1 and 15.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 1-15 are rejected under 35 U.S.C. 103 as being unpatentable over CHARLES MICHAEL LOWNDS et al. (WO 2006086843), hereinafter ‘Lownds’ in view of Wesley J. Burris, II et al. (US 7363967), hereinafter ‘Burris’.
With regards to Claim 1, Lownds discloses
A system including:
at least one commercial blasting system element in the form of a translocation monitoring unit (TMU), coupled to a wireless initiation device that is configured for commercial blasting (Turning now to Figures 1 to 9, it should be noted that the embodiments illustrated and described below discuss blasting apparatuses and corresponding methods that -employ the use of a location assessment component, and a location approval component, for determining whether one or more components of a blast apparatus for a blasting event are located at an approved location for a blasting event, p.24; A preferred embodiment of the apparatus of the present invention will now be described with reference to Figure 1. A blasting apparatus shown generally at 10 is schematically illustrated. The blasting apparatus comprises at least one blasting machine 11 (for simplicity only one blasting machine is shown), connected via a trunk line 12 and branch lines 13 to a plurality of detonators 20. In several of the embodiments described herein each blasting machine 11 is connected to detonators 20 via a trunk line 12 and branch lines 13. However, any means for connecting the blasting machine to the detonators may be used in any embodiment of the invention, providing that command signals can be communicated to the detonators from each blasting machine in order to control and optionally actuate the detonators. For example, communication may involve the use of low energy detonating cord (LEDC), shock tube, electrical wires, or wireless communication means, p.25),
wherein
the TMU includes: an inertial measurement unit (IMU) configured to measure spatial displacement of the IMU based on one or more movement sensors of the IMU (The blasting apparatus illustrated in Figure 1 further includes a location assessment component 14 for determining a location for the blast site, or at least for selected components of the blasting apparatus at or near to the blast site. The location assessment component 14 may take any form of device capable of determining independently, via communication with other components of the blasting apparatus, or via communication with other external devices, its geographical position or location. In this way, the apparatus may become 'informed' as to its location. In preferred embodiments, the location assessment component may comprise a global positioning system (GPS) device capable of calculating its geographical coordinates at least in part through receipt of one or more GPS satellite signals, p.25); and
an electronic processing unit and a memory coupled to the electronic processing unit having instructions that when executed by the electronic processing unit cause the electronic processing unit to: evaluate a spatial displacement of the wireless initiation device based on the measured spatial displacement of the IMU determine by the TMU whether the wireless initiation device should or needs to be transitioned to a safe and/or standby mode, or, a reset and/or disabled state and selectively generate and issue a state transition signal and/or command, by which the wireless initiation device is transitioned to a safe and/or standby mode or a reset and/or disabled state, after the wireless initiation device has been programmed and/or encoded, if the evaluated spatial location does not match an approved location, the wireless initiation device automatically transitions its state based on the evaluated spatial location (A computer may be capable of wireless or wired communication with other components of the blasting apparatus of the invention. For example, the computer may in part be connected to other components of the blast apparatus via the internet, or a wireless telephone network. In this way, the computer may be located at or near to the blast site, or alternatively may be located remote from the blast site, or even in a different country or continent from the blast site, p.11; a location approval component may include a memory means having a database or the like for storing approved locations for approved blasting events, p.15; location assessment component 14 is further capable of transmitting positional data 16 regarding the location of the location assessment component to a location approval component 15. The location approval component may comprise any device capable of receiving and processing the positional data from the location assessment component so as to determine whether the geographical location of the location assessment component corresponds with an authorized blasting location. For example, the location approval component may be pre-programmed with one or more approved locations approved by an appropriate authority for blasting events …Upon receiving the positional data 16 regarding geographical location of the location assessment component 14, the location approval component 15 compares the positional data with stored data pertaining to approved locations for blasting events. If the location approval component 15 finds a match between the geographical location of the location assessment component, and an approved location, then the location approval component may take one or more additional steps to ensure that the blasting apparatus adopts or maintains an active state suitable for actuation of the detonators 20 upon receipt thereby of one or more appropriate command signals from the blasting machine 11. If the blasting apparatus is already in an active state suitable for actuation of the detonators 20, the additional steps may involve little or no action other than to maintain the active state. On the other hand, if the blasting apparatus exists in a dormant, inactive, or powered down state then the additional steps may involve activation of the blasting apparatus or components thereof to bring the apparatus into an active state for blasting. This active state may be maintained indefinitely, or may be maintained for a limited time period or window. If the location approval component 15 fails to find a match between the geographical location of the location assessment component, and an approved location, or if the location approval component determines that the geographical location is a forbidden location for blasting, then the location approval component may take one or more additional steps to ensure that the blasting apparatus adopts or maintains an inactive state unsuitable for actuation of the detonators 20. If the blasting apparatus is already in an inactive state unsuitable for actuation of the detonators 20, the additional steps may involve little or no action other than to maintain the inactive state. On the other hand, if the blasting apparatus exists in an active state then the additional steps may involve deactivation, or shutdown of the blasting apparatus or components thereof to bring the apparatus into an inactive state unsuitable for initiating the blasting event. This inactive state may be maintained indefinitely, or may be maintained for a limited time period or window. The capacity of the location approval component to determine whether the geographical location is an approved location for blasting may cause the location approval component to generate a decision signal, wherein a positive decision signal indicates a positive match for blasting, and a negative decision signal indicates the absence of a positive match for blasting, pp. 26-28).
However, Lownds does not specifically disclose a translocation monitoring unit (TMU) configured to reside in a borehole and evaluating a spatial displacement of the wireless initiation device based on whether the spatial displacement is greater than at least one translocation distance threshold.
Burris discloses a translocation monitoring unit (TMU) configured to reside in a borehole (autonomous downhole tool 100 for use in a well bore 120, Col.5, Lines 40-44; The downhole tool may further comprise at least one activator for activating a functional component of the tool at one or more locations within the well bore. In an embodiment, the one or more locations is sensed by the navigation system. In an embodiment, the at least one activator responds to the navigation system to activate the tool. In various embodiments, the at least one activator responds to communication from the surface to activate the tool or to communication from another downhole component to activate the tool, Col.2, Lines 49-59; The autonomous downhole tool 100 may in various embodiments comprise a variety of different components and functionalities. FIG. 4 schematically depicts an autonomous downhole tool 755 comprising one or more of the numbered components. In an embodiment, the autonomous downhole tool 755 comprises a navigation system 756, Col.7, Lines 30-40) and evaluating spatial displacement of the wireless initiation device based on the externally-generated localization signals using a distance measure (the navigation system 756 locally determines the location of the tool 755 within the well bore 120, Col.7, Lines 63-65; a locator component 761 may communicate with the tool 755 via wireless communications, Col.8, Lines 30-31; In an embodiment wherein the first sensor 757 is a structured-environment type sensor that senses coded pipe markers, the coded pipe markers may provide specific location, position, or displacement information, which reduces errors of calculating or determining the location of the tool 755, Col.9, Lines 8-15; Relative type sensors determine distance to reference points. Examples of relative type sensors include range-finding to surface, range-finding to bottom, range-finding to a passive secondary device, and range-finding to an active synchronized pinging source employing acoustic (e.g., time-of-flight), ultrasonic, radio frequency, and optical energy, Col.11, Lines 60-55; The location displacement may be determined based on successive values of the first location estimate, the second location estimate, or combinations thereof, Col.12, Lines 65-67; determining a displacement .DELTA.D, Col.18, Line 46).
Burris also discloses threshold-based event monitoring (The method proceeds to block 953 where the locator component 761 monitors the output of the CCL. The method proceeds to block 955. If the output from the first sensor 757 does not exceed a threshold, then the method returns to block 953. If the output from the first sensor 757 exceeds the threshold, which may be termed a "threshold event", Col.19, Lines 62-67).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Lownds in view of Burris to evaluate spatial displacement of the wireless initiation device using a distance threshold to discriminate/alert/trigger events of interest such as to changing state or issuing a command about an event of interest applied to borehole applications (Burris) and similarly to location matching procedures to automatically transition blasting state in mining applications (Lownds).
With regards to Claim 2, Lownds in view of Burris discloses the claimed invention as discussed in Claim 1.
However, Lownds does not disclose that the instructions further cause the electronic processing unit to transition the state to the safe and/or standby mode or the reset and/or disabled state when the evaluated spatial displacement is greater than: first translocation distance threshold defined as a maximum translocation distance from one or more spatial reference locations; and/or a second translocation distance threshold corresponding substantially to a borehole depth following loading of the wireless initiation device into the borehole.
Burris discloses monitoring a displacement (Alternative types of sensors may be used that sense one or more parameters that are acceptably approximated as a linear function of displacement into the well bore 120 over a distance of several casing segments, Col.17, Lines 37-40) and as discussed in Claim 1.
Burris also discloses a distance threshold corresponding to borehole depth (The mission program 767 provides commands or event-response pairs that the locator component 761 uses to trigger functions provided by the functional component 763, as described in more detail herein. The mission program 767 may comprise a computer program or software routine that the locator component 761 may invoke. Alternately, the mission program 767 may be a table, a file, or other structure containing data which associates a well bore location, for example a depth of 16,000 feet, with a function trigger, for example deploying a frac plug. The mission program 767 may be said to customize the generic functionality of the locator component 761 to provide specific functions for a specific well bore 120, Col.20, Lines 47-59).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Lownds in view of Burris to evaluate spatial displacement of the wireless initiation device based on a variety of distances as claimed to more accurately evaluate the displacement using different criteria such as based on borehole depth.
With regards to Claim 3, Lownds in view of Burris discloses the claimed invention as discussed in Claim 1.
Lownds discloses wherein the electronic processing unit and memory are configured to transition the state to a fully enabled or fully activated operational state, in which the wireless initiation device can process and carry out a FIRE command (the wireless initiation device can process and carry out a FIRE command, p.5).
However, Lownds does not disclose wherein the instructions further cause electronic processing unit to transition the state to a fully enabled and/or fully activated operational state after the wireless initiation device has been programmed and/or /encoded, when the evaluated spatial displacement is greater than a selected significant fraction of the borehole in a direction toward a borehole location at which the wireless initiation device is intended to be disposed according to a blast plan.
Burris discloses activating an initiation device based on spacial displacement of the initiation device in a borehole (Abstract; The downhole tool may further comprise at least one activator for activating a functional component of the tool at one or more locations within the well bore. In an embodiment, the one or more locations is sensed by the navigation system. In an embodiment, the at least one activator responds to the navigation system to activate the tool. In various embodiments, the at least one activator responds to communication from the surface to activate the tool or to communication from another downhole component to activate the tool. The at least one activator may activate the tool, for example, via a mechanical operation, a chemical operation, an electrical operation, a hydraulic operation, an explosive operation, a timer-controlled operation, or a combination thereof, Col.2, Lines 49-67).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Lownds in view of Burris to transition the state to a fully enabled or fully activated operational state after the wireless initiation device has been programmed/encoded, when the evaluated spatial displacement is greater than a selected significant fraction of the borehole in a direction toward a borehole location at which the wireless initiation device is intended to be disposed according to a blast plan of safely executing an explosion (significant improvements in security and safety of blasting apparatuses, Lownds, Abstract).
With regards to Claim 4, Lownds in view of Burris discloses the claimed invention as discussed in Claim 1.
However, Lownds does not disclose wherein the one or more movement sensors internal to the IMU are configured to measure the spatial displacement relative to or along or in one, two or three orthogonal spatial directions or dimensions or axes, and wherein the one or more movement sensors include at least one accelerometer, one gyroscope, and optionally one magnetometer per axis for each of one, two or three of the three orthogonal spatial directions or dimensions or axes.
Burris discloses wherein the one or more movement sensors internal to the IMU are configured to measure the spatial displacement relative to or along or in one, two or three orthogonal spatial directions or dimensions or axes, and wherein the one or more movement sensors include at least one accelerometer, one gyroscope, and optionally one magnetometer per axis for each of one, two or three of the three orthogonal spatial directions or dimensions or axes (In an embodiment, the second sensor 759 may comprise one or more accelerometers or inertial sensors. In this embodiment, inertial indications may be integrated with respect to time, either by the locator component 761 or within the second sensor 759, to produce an indication of the location of the tool 755 in a 6-axis system. The 6-axis location includes position in a XYZ-coordinate system as well as yaw, pitch, and roll rotations about these axes., Col.12, Lines 54-61; azimuth sensor, such as a gyro, Col.21, Line 14).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Lownds in view of Burris that the one or more movement sensors internal to the IMU are configured to measure the spatial displacement relative to or along or in one, two or three orthogonal spatial directions or dimensions or axes, and wherein the one or more movement sensors include at least one accelerometer, one gyroscope, and optionally one magnetometer per axis for each of one, two or three of the three orthogonal spatial directions or dimensions or axes as known in the art (Cumulative type sensors count … distance from the surface and accumulate error along the way, termed dead reckoning. Examples of cumulative type sensors include … inertial integration sensors (e.g., integration of acceleration data to estimate position), … or … magnetic tracking device, Col.11, Line 60-Col.12, Line 8).
With regards to Claim 5, Lownds further discloses a communication and control (CC) unit; and an initiation element and/or an initiation unit configured for initiating an explosive composition (A preferred embodiment of the apparatus of the present invention will now be described with reference to Figure 1. A blasting apparatus shown generally at 10 is schematically illustrated. The blasting apparatus comprises at least one blasting machine 11 (for simplicity only one blasting machine is shown), connected via a trunk line 12 and branch lines 13 to a plurality of detonators 20… command signals can be communicated to the detonators from each blasting machine in order to control and optionally actuate the detonators. For example, communication may involve…a component of a wireless detonator assembly for receipt of wireless command signals from at least one blasting machine, p.25).
With regards to Claim 6 and 7, Lownds further discloses the TMU is couplable to the wireless initiation device, and wherein the TMU includes a TMU housing module and the TMU is further configured for wire-based and/or wireless communication with a communication unit and/or an initiation control unit in the wireless initiation device, wherein the TMU is configured to be turned on/powered up and/or transitioned from an inactive or quiescent, sleep, and/or standby mode to an active state by way of coupling of the TMU housing unit to the wireless initiation device (The activation or deactivation may involve cross-communication between components of the blasting apparatus and/or associated detonators. Such cross-communication may involve electronic or wireless communication means, including for example the use of cell phone technology, or the internet, Abstract; Figs.1-4, and as discussed above).
With regards to Claim 8, Lownds in view of Burris discloses the claimed invention as discussed in Claim 1.
Lownds also discloses using control switches ( the communication link between the controller and the blasting network can be placed in a control mode by a switch, p.1).
However, Lownds does not specifically disclose one or more switches and/or buttons carried by the TMU and/or the wireless initiation device, wherein the TMU is configured to be turned on and/or powered up or transitioned from an inactive quiescent/sleep and/or standby mode to an active state by way of activation of the one or more switches and/or buttons.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Lownds in view of Burris to use one or more switches/buttons carried by the TMU and/or the wireless initiation device, wherein the TMU is configured to be turned on/powered up or transitioned from an inactive or quiescent/sleep and/or standby mode to an active state by way of activation of the one or more switches and/or buttons as known in the art to activate/control of corresponding modes of operation.
With regards to Claim 9, Lownds further discloses using indicating signals corresponding to a particular state/decision (Step 124 involves, if necessary, transmitting a decision signal indicative of whether the geographical location and any of the at least one approved location correspond, to one or more other components of the apparatus, and if the geographical location and any of said at least one approved locations correspond, the decision signal at step 125 causing the apparatus to maintain or adopt said active state. Preferably, the decision signal may be relayed via the at least one antenna, p.36).
However, Lownds does not specifically disclose one or more visual indicator devices, carried by the TMU and/or the wireless initiation device, configured for outputting at least one signal or datum and/or data indicating a current status or state of the system based on a current or most-recent TMU spatial location determined from the evaluated spatial displacement, optionally wherein the TMU is configured to output visual indicator signals for the visual indicator devices for visibly or visually indicating a current state of the TMU and/or the wireless initiation device.
Burris discloses monitoring outputs (Col.19, Line 62-Col.20, Line 3).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Lownds in view of Burris to use one or more visual indicator devices, carried by the TMU and/or the wireless initiation device, configured for outputting at least one signal or datum and/or data indicating a current status or state of the system based on a current or most-recent TMU spatial location determined from the evaluated spatial displacement, optionally wherein the TMU is configured to output visual indicator signals for the visual indicator devices for visibly or visually indicating a current state of the TMU and/or the wireless initiation device for effective monitoring/communication.
With regards to Claim 10 and 12, Lownds discloses program instructions stored in the memory that are executed by the electronic processing unit (p.11, p.15, p.31) and externally-generated localization signal sources (location assessment components may include, but are not limited to global positioning system (GPS)-like devices for obtaining geographical location information through receipt and processing of corresponding GPS satellite signals, or local positioning system (LPS)-like devices for obtaining positioning information through receipt of more locally transmitted signals such as radio signals, electromagnetic signals, audio signals or via radar, p. 16; encoder (The transmitted signals may be encoded, p. 10).
However, Lownds does not specifically disclose wherein the electronic processing unit and the memory comprises integrated circuitry configured for tracking, estimating, detecting, monitoring, measuring, and/or determining a current spatial zone, region, location, position and/or displacement of the TMU relative to externally-generated localization signals that have been received, and/or spatial reference location data, in accordance with the instructions stored in the memory that are executed by the electronic processing unit (Claim 10) and optionally including: an encoder carrying at least one of the one or more localization signal sources; a loading system carrying at least one of the one or more localization signal sources; and/or one or more ground-based platform structures carrying at least one of the one or more localization signal sources (Claim 12).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Lownds in view of Burris that the electronic processing unit and the memory would comprise integrated circuitry as known in the art to perform corresponding functions of tracking, estimating, detecting, monitoring, measuring, and/or determining a current spatial zone/region/location/position and/or displacement of the TMU relative to the externally-generated localization signals that have been received, and/or the spatial reference location data, in accordance with program instructions stored in the memory that are executed by the electronic processing unit as well as optionally including: an encoder carrying at least one of the one or more localization signal sources; a loading system carrying at least one of the one or more localization signal sources; and/or one or more ground-based platform structures carrying at least one of the one or more localization signal sources as also known in the art to execute corresponding functions.
With regards to Claim 11, Lownds further discloses an encoder, wherein the encoder is configured to send signals to the TMU: to power up, wake up, or transition the TMU to a responsive, active, or fully active state; to output or communicate the externally-generated localization signals in proximity to, in the vicinity of, or toward or to the TMU by way of a geofence and/or beacon unit carried by, couplable and/or attachable to, or built into the encoder; to transfer to the TMU a minimum acceptable signal strength, level, amplitude, or magnitude threshold corresponding to reliable detection of the externally-generated localization signals; to transfer to the TMU a spatial reference location correlated with or corresponding to a current geospatial location of the encoder and defining a spatial zero reference location or point for the TMU; and/or to transfer to the TMU data establishing, for the TMU and/or /wireless initiation device, at least one maximum allowable displacement distance and/or one or more geofence boundaries defined with respect to a/the spatial reference location (The transmitted signals may be encoded, p. 10; The location assessment component 14 is further capable of transmitting positional data 16 regarding the location of the location assessment component to a location approval component 15. The location approval component may comprise any device capable of receiving and processing the positional data from the location assessment component so as to determine whether the geographical location of the location assessment component corresponds with an authorized blasting location. For example, the location approval component may be pre-programmed with one or more approved locations approved by an appropriate authority for blasting events. Such an appropriate authority may include, for example, an authorized blast operator, an authorized mine operator, an authorized person at an office for the blasting equipment An appropriate authority would generally not include an unauthorized blast operator such as a child or a terrorist. Upon receiving the positional data 16 regarding geographical location of the location assessment component 14, the location approval component 15 compares the positional data with stored data pertaining to approved locations for blasting events. If the location approval component 15 finds a match between the geographical location of the location assessment component, and an approved location, then the location approval component may take one or more additional steps to ensure that the blasting apparatus adopts or maintains an active state suitable for actuation of the detonators 20 upon receipt thereby of one or more appropriate command signals from the blasting machine 11. If the blasting apparatus is already in an active state suitable for actuation of the detonators 20, the additional steps may involve little or no action other than to maintain the active state. On the other hand, if the blasting apparatus exists in a dormant, inactive, or powered down state then the additional steps may involve activation of the blasting apparatus or components thereof to bring the apparatus into an active state for blasting. This active state may be maintained indefinitely, or may be maintained for a limited time period or window …, p.26).
With regards to Claim 13, Lownds further discloses a communication unit configured to generate signals and/or commands shortly or just before or as the wireless initiation device is loaded into the borehole, wherein on receipt of the signals and/or commands (in one selected embodiment shown in Figure 5, the invention provides a method of controlling a blasting event at a blast site having positioned therein at least one detonator and associated explosive charges, each detonator being adapted to receive via direct electrical connection or wireless communication command signals transmitted or relayed by at least one associated blasting machine, the method comprising: a step 100 of determining a geographical location of said at least one blasting machine, and / or said at least one detonator; a step 101 of determining whether the geographical location matches at least one approved location, and only if said geographical location matches at least one approved location at step …, p.33-34), the TMU and the instructions further cause the electronic processing unit to: transition the state to a fully enabled or fully activated operational state, in which the wireless initiation device can process and carry out a FIRE command, or an ARM command followed by a FIRE command; activate the TMU; clear, reset, and/or zero any accumulated translocation and/or movement values generated and stored by way of the IMU; establish a spatial zero reference location of the TMU; and/or initiate TMU monitoring of net TMU device translocation by the measurement spatial displacement, wherein the loading system optionally includes a magazine configured to store a plurality of wireless initiation devices, and wherein the loading system optionally carries at least one of the one or more localization signal sources (a step of 111 of determining via the location approval component of the apparatus whether the geographical location matches any of at least one approved location; and only if said geographical location matches at least one approved location at step 112 then conducting a step 113 of causing said apparatus to adopt or maintain an active state suitable for actuation of said at least one detonator upon receipt thereby from said at least one blasting machine of at least one command signal to FIRE, p.34; In preferred embodiments, a location approval component may include a memory means having a database or the like for storing approved locations for approved blasting events, In addition, a location approval component may include communication means for communicating information via electrical wires or wireless means to other components of a blasting apparatus, such as for example a decision signal to activate the blasting apparatus in response to the identification of a an approved location, or to deactivate the blasting apparatus in response to the identification of location other than an approved location for a blasting event. Location assessment component: includes any software or device at or near a blast site that preferably may be associated with one or more detonators or associated components, p.15-16) and as discussed above in Claim 3.
With regards to Claim 14, Lownds does not specifically disclose wherein the instructions further cause the electronic processing unit to: determine whether externally-generated localization signals are currently being reliably received; and if so, clear, reset, and/or zero any accumulated translocation distance values generated and stored by way of the IMU.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Lownds in view of Burris that the instructions further cause the processing unit to clear, reset, and/or zero any accumulated translocation distance values generated and stored by way of the IMU upon determining that externally-generated localization signals are currently being reliably received to save on memory resources without jeopardizing location/displacement related determination/decisions.
With regards to Claim 15, Lownds in view of Burris discloses the claimed limitations as discussed above with regards to Claim 1.
Claims 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Lownds in view of Burris, in further view of David S. Breed et al. (US 20150127239), hereinafter ‘Breed’.
With regards to Claim 16, Lownds in view of Burris discloses the claimed invention as discussed in Claim 1.
Lownds also discloses the TMU includes an externally-generated localization signal reception unit configured to wirelessly receive one or more types of externally-generated localization signals transmitted by one or more localization signal sources disposed external to the TMU and external to the wireless initiation device, and wherein the electronic processing unit and memory are configured to evaluate the spatial displacement of the wireless initiation device as discussed in Claims 1, 10, 11, and 16.
However, Lownds does not specifically disclose evaluating the spatial displacement of the wireless initiation device based on the measured spatial displacement of the IMU and the externally-generated localization signals.
Breed discloses evaluating the spatial displacement based on the measured spatial displacement of the IMU and the externally-generated localization signals (The displacements as determined by the GPS should be very accurate and thus can be used to compare with the displacements determined by the IMU through double integration of the accelerations [0066]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Lownds in view of Burris, and Breed to evaluating the spatial displacement of the wireless initiation device based on the measured spatial displacement of the IMU and the externally-generated localization signals similar to evaluating the displacement of the device (Breed) to ensure accuracy of the evaluation (the displacements as determined by the GPS should be very accurate and thus can be used to compare with the displacements determined by the IMU, Breed [0066]).
With regards to Claim 17, Lownds in view of Burris, and Breed discloses the claimed invention as discussed in Claim 16.
Lownds also discloses the electronic processing unit and memory are configured to transition the state to the safe and/or standby mode or the reset and/or disabled state based on the evaluated spatial displacement as determined by a threshold as discussed in Claims 1 and 2.
However, Lownds does not specifically disclose the transition when the evaluated spatial displacement is greater than a first translocation distance threshold defined as a radial distance away from a geofence and/or beacon unit.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Lownds in view of Burris, and Breed to transition the state to the safe and/or standby mode or the reset and/or disabled state based on the evaluated spatial displacement that is greater than a first translocation distance threshold defined as a radial distance away from a geofence and/or beacon unit that would ensure safe operation in a safe zone.
Response to Arguments
35 U.S.C. 101
Applicant's arguments filed 9/25/2025 have been fully considered but they are not persuasive. While these arguments are largely based on the newly amended claims, the Examiner, in the interest of promoting a compact prosecution, addresses them below.
The Applicant argues (p.9-10): Applicant respectfully submits that the amended claim is not directed towards a judicial exception and recites a specific, non-abstract technological solution that provides significant technical improvements to the field of blasting operations. … The amended claim language, as discussed below, ensures the invention is not an abstract idea, but a practical application (Step 2A: Prong One: No).
The Examiner notes that no particular arguments are presented to support the above statement that no abstract idea is/was recited in the claims. As indicated in the rejection, mental process steps are recited.
The Applicant argues (p. 10): Applicant submits that the amended claims integrate any alleged judicial exception into a practical application. For example, the amended independent claim addresses the above problem by providing a translocation monitoring unit (TMU), configured to physically reside in a borehole, that includes an inertial measurement unit (IMU), the TMU determining whether the wireless initiation device should or needs to be transitioned to a safe and/or standby mode, or, or reset and/or disabled state, and selectively generating and issuing a state transition signal and/or command, by which the wireless initiation device can be or is transitioned to a safe and/or standby mode, or, a reset and/or disabled state, as recited by amended claim 1.
The Examiner submits that the determining feature and the selection (“determining whether the wireless initiation device should or needs to be transitioned to a safe and/or standby mode, or, or reset and/or disabled state, and selectively generating … signal”) represent mental idea steps while other features either only tangentially relate to the abstract idea (“TMU”, “physically residing”, “IMU”, “generating … a signal”) represent insignificant extra-solution activity (MPEP 2106.05(g): The term "extra-solution activity" can be understood as activities incidental to the primary process or product that are merely a nominal or tangential addition to the claim).
The Examiner additionally submits that according to MPEP 2106.04(d).I: “It is notable that mere physicality or tangibility of an additional element or elements is not a relevant consideration in Step 2A Prong Two”.
The Applicant argues (p. 11): With respect to