DETAILED ACTION
The amendment filed 6/2/2026 has been entered.
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 .
Response to Arguments
Applicant’s arguments with respect to the applicability of the previous rejection(s) to the instantly amended claim(s) have been fully considered and are persuasive. Therefore, the rejection(s) have been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Church et al. (US 7,152,700) in view of Klein (US 2020/0408082) as applied below.
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.
Claim(s) 19, 21, 26-29, 32-33, 39 and 41-43 is/are rejected under 35 U.S.C. 103 as being unpatentable over Church et al. (US 7,152,700) in view of Klein (US 2020/0408082).
In regard to claim 19, Church et al. disclose a measurement tool for use during pneumatic percussion drilling, the measurement tool comprising: a body (500 as in fig 8) positioned in a drill string immediately above a pneumatically operated hammer of the drill string (516 as in fig 8, col. 12, lines 64-65, where fluid as in col. 12, lines 49-65 includes air, col. 4, lines 48-52) in place of a standard drill rod, wherein the drill string comprises a reverse circulation hammer drill (col. 12, lines 64-65), and wherein the body comprises an annular fluid supply channel (550) in an annular portion of the body (as in fig 8) configured to supply pressurized air (col. 12, lines 48-52, col. 4, lines 48-52) to drive the pneumatically operated hammer (as in fig 8 with flow 520/522), and a central fluid return channel (as connected with 519) configured to receive air laden with cuttings from the pneumatically operated hammer (col. 12, lines 48-52). Church et al., in the embodiment of figure 8, do not disclose a plurality of fluid supply channels or a measuring instrument with one or more damping apparatuses.
Church et al. in another embodiment, discloses a body for a drill string comprising a plurality of fluid supply channels (262 in fig 5A or 362 in fig 5B) in an annular portion of the body (as in fig 5A/5B). It would have been obvious to one of ordinary skill in the art before the time of effective filing to provide the tool of Church et al., with a plurality of fluid supply channels, as taught in the alternative embodiment of Church et al. since simple substitution of one known element (an annular fluid supply channel) for another (a plurality of fluid supply channels in an annular area) to obtain predictable results is considered obvious to one of ordinary skill. Church et al., in either embodiment do not disclose a measuring instrument with one or more damping apparatuses.
Klein discloses a measurement tool for use during drilling, the measurement tool comprising a body (1) comprising one or more measuring instruments positioned in a drill string (paragraphs 24-25) immediately above a drill (paragraph 25), and wherein one or more measuring instruments (4) are supported within the body by one or more damping apparatuses (3 as in fig 1) configured to attenuate percussion shock from a hammer (paragraph 31) experienced by the one or more measuring instruments (paragraph 39). It would have been obvious to one of ordinary skill in the art before the time of effective filing to provide the tool of Church et al., as modified above, with the shock protected measuring instrument, as taught by Klein, in order to provide a position of the drill (as in Klein paragraph 2) while protecting the instruments from shock (as in Klein paragraph 5).
In regard to claim 21, Klein discloses wherein the measuring instrument comprises one or more orientation and/or inertial movement sensors (paragraph 9).
In regard to claim 26, Klein discloses wherein the measuring instrument is within a compartment in an annular portion of the body (as in fig 4).
In regard to claim 27, Klein discloses wherein the compartment is within an outer diameter of the body (as in fig 4).
In regard to claim 28, as combined above, the compartment would be within an annular portion of the body, radially outward of fluid return channel (as necessarily outward of central return channel of Church et al.).
In regard to claim 29, as combined above, the compartment would be within an annular portion of the body between fluid supply channels (as necessarily as placed with fluid supply channels as in fig 5A/5B of Church et al.).
In regard to claim 32, Church et al. disclose a drilling apparatus comprising: a body (500 as in fig 8) positioned in a drill string immediately above a pneumatically operated hammer of the drill string (516 as in fig 8, col. 12, lines 64-65, where fluid as in col. 12, lines 49-65 includes air, col. 4, lines 48-52) in place of a standard drill rod, wherein the drill string comprises a reverse circulation hammer drill (col. 12, lines 64-65), and wherein the body comprises an annular fluid supply channel (550) in an annular portion of the body (as in fig 8) configured to supply pressurized air (col. 12, lines 48-52, col. 4, lines 48-52) to drive the pneumatically operated hammer (as in fig 8 with flow 520/522), and a central fluid return channel (as connected with 519) configured to receive air laden with cuttings from the pneumatically operated hammer (col. 12, lines 48-52). Church et al., in the embodiment of figure 8, do not disclose a plurality of fluid supply channels or a measuring instrument with one or more damping apparatuses.
Church et al. in another embodiment, discloses a body for a drill string comprising a plurality of fluid supply channels (262 in fig 5A or 362 in fig 5B) in an annular portion of the body (as in fig 5A/5B). It would have been obvious to one of ordinary skill in the art before the time of effective filing to provide the tool of Church et al., with a plurality of fluid supply channels, as taught in the alternative embodiment of Church et al. since simple substitution of one known element (an annular fluid supply channel) for another (a plurality of fluid supply channels in an annular area) to obtain predictable results is considered obvious to one of ordinary skill. Church et al., in either embodiment do not disclose a measuring instrument with one or more damping apparatuses.
Klein discloses a measurement tool for use during drilling, the measurement tool comprising a body (1) comprising one or more measuring instruments positioned in a drill string (paragraphs 24-25) immediately above a drill (paragraph 25), and wherein one or more measuring instruments (4) are supported within the body by one or more damping apparatuses (3 as in fig 1) configured to attenuate percussion shock from a hammer (paragraph 31) experienced by the one or more measuring instruments (paragraph 39). It would have been obvious to one of ordinary skill in the art before the time of effective filing to provide the drilling apparatus of Church et al., as modified above, with the shock protected measuring instrument, as taught by Klein, in order to provide a position of the drill (as in Klein paragraph 2) while protecting the instruments from shock (as in Klein paragraph 5).
In regard to claim 33, Church et al. disclose a method with a measurement tool during reverse circulation (RC) pneumatic percussion drilling operations comprising the steps: drilling a hole using a drill string having an RC drill bit (as would be used col. 12, lines 49-65), a pneumatic hammer for the RC drill bit (col. 12, lines 48-65, col. 4, lines 48-52) and a body (500 as in fig 8) positioned in a drill string immediately above hammer (516 as in fig 8, col. 12, lines 64-65, where fluid as in col. 12, lines 49-65 includes air, col. 4, lines 48-52) in place of a standard drill rod, wherein pressurized air is supplied to drive the pneumatic hammer through an annular fluid supply channel (550) in an annular portion of the body (as in fig 8) configured to supply pressurized air (col. 12, lines 48-52, col. 4, lines 48-52) to drive the pneumatically operated hammer (as in fig 8 with flow 520/522), and a central fluid return channel (as connected with 519) configured to receive air laden with cuttings from the pneumatically operated hammer (col. 12, lines 48-52). Church et al., in the embodiment of figure 8, do not disclose a plurality of fluid supply channels or a measuring instrument with one or more damping apparatuses to measure the orientation of the body as the hole is being drilled.
Church et al. in another embodiment, discloses a body for a drill string comprising a plurality of fluid supply channels (262 in fig 5A or 362 in fig 5B) in an annular portion of the body (as in fig 5A/5B). It would have been obvious to one of ordinary skill in the art before the time of effective filing to provide the method of Church et al., with a plurality of fluid supply channels, as taught in the alternative embodiment of Church et al. since simple substitution of one known element (an annular fluid supply channel) for another (a plurality of fluid supply channels in an annular area) to obtain predictable results is considered obvious to one of ordinary skill. Church et al., in either embodiment do not disclose a measuring instrument with one or more damping apparatuses to measure an orientation of the body as the hole is being drilled.
Klein discloses a method of measuring with a measurement tool during drilling comprising: a body (1) comprising one or more measuring instruments positioned in a drill string (paragraphs 24-25) immediately above a drill (paragraph 25), and wherein one or more measuring instruments (4) are supported within the body by one or more damping apparatuses (3 as in fig 1) configured to attenuate percussion shock from a hammer (paragraph 31) experienced by the one or more measuring instruments (paragraph 39) and measuring the orientation of the body as the hole is being drilled (paragraph 9). It would have been obvious to one of ordinary skill in the art before the time of effective filing to provide the method of Church et al., as modified above, with the shock protected measuring instrument, as taught by Klein, in order to provide a position of the drill (as in Klein paragraph 2) while protecting the instruments from shock (as in Klein paragraph 5).
In regard to claim 39, Klein discloses wherein the method further comprises damping vibrations/shock experienced by the measuring instrument (paragraph 39).
In regard to claim 41, as combined above, the one or more measuring instruments would be within a compartment that is fluidly isolated from the plurality of fluid supply channels and the central fluid return channel.
In regard to claim 42, Church et al. disclose the body comprises the plurality of fluid supply channels arranged to receive air from a single annulus of a double walled drill rod above the body in the drill string (as received from 520 in fig 8).
In regard to claim 43, Klein discloses wherein the one or more damping apparatuses are configured to attenuate axial, radial, and rotational shock from the pneumatically operated hammer (as would dampen all shock).
Claim(s) 22-24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Church et al. in view of Klein as applied to claim 19 above, and further in view of Van Steenwyk et al. (US 5,725,061). Church et al. and Klein disclose all the limitations of these claims, as applied to claim 19 above, except for disclosing that the measuring instrument comprises one or more gyroscopes, accelerometers, or a gamma ray detector.
In regard to claim 22, Van Steenwyk et al. disclose sensors for positioning near a drill bit (110c, as in fig 3C) which include one or more gyroscopes (col. 3, lines 1-10). It would have been obvious to one of ordinary skill in the art before the time of effective filing to provide the tool of Church et al., as modified by Klein, with a gyroscope, as taught by Van Steenwyk et al. since combining prior art element according to known methods to yield predictable results is considered obvious to one of ordinary skill.
In regard to claim 23, Van Steenwyk et al. disclose sensors for positioning near a drill bit (110c, as in fig 3C) which include one or more accelerometers (col. 3, lines 1-10). It would have been obvious to one of ordinary skill in the art before the time of effective filing to provide the tool of Church et al., as modified by Klein, with an accelerometer, as taught by Van Steenwyk et al. since combining prior art element according to known methods to yield predictable results is considered obvious to one of ordinary skill.
In regard to claim 24, Van Steenwyk et al. disclose wherein the measuring instrument comprises a gamma ray detector (col. 3, lines 1-10). It would have been obvious to one of ordinary skill in the art before the time of effective filing to provide the tool of Church et al., as modified by Klein, with a gamma ray sensor, as taught by Van Steenwyk et al. in order to obtain information about the surrounding formations during a drilling operation as it progresses.
Claim 30 is/are rejected under 35 U.S.C. 103 as being unpatentable over Church et al. in view of Klein and further in view of Small (US 4,633,248). Church et al. and Klein disclose all the limitations of this claim, as applied to claim 26 above, except for sizing the compartment relative to the instrument such that the instrument is clear of walls of the compartment.
Small discloses a measurement tool wherein a compartment is sized relative to the instrument so that movement of the instrument is clear of the walls of the compartment (as in fig 1). It would have been obvious to one of ordinary skill in the art before the time of effective filing to provide the instrument as clear of the walls of the compartment, as taught by Small, with the tool of Church et al., as modified by Klein, to provide more shock isolation to the electronic components (Small, col. 1, lines 39-44).
Claim(s) 34-36 is/are rejected under 35 U.S.C. 103 as being unpatentable over Church et al. in view of Klein as applied to claim 33 above, and further in view of Spaulding (US 7,975,392). Church et al. in view of Klein disclose all the limitations of these claims except for measuring during a pause.
Spaulding discloses a method wherein during each pause in drilling a measuring instrument takes a measurement (col. 2, lines 16-20). It would have been obvious to one of ordinary skill in the art before the time of effective filing to provide that during each pause of drilling of the method of Church et al., as modified by Klein, a measurement is taken, as taught by Spaulding, in order to improve accuracy by taking measurements when the bit is paused.
In regard to claim 35, as combined above, the measurement comprises a calibration measurement (insofar as any measurement may be compared against others and be a “calibration”, where no particular use is claimed).
In regard to claim 36, Spaulding discloses wherein the pause in drilling comprises an addition or removal of a drill rod (col. 2, lines 16-20).
Claim 37 is/are rejected under 35 U.S.C. 103 as being unpatentable over Church et al. in view of Klein and Spaulding, as applied to claim 35 above, and further in view of Estes et al. (US 2001/0041963). Church et al. in view of Klein and Spauliding, as applied to claim 35 above, disclose all the limitations of this claim, except for teaching measurements 180 degrees apart and taking first and second measurements at each position.
Estes et al. disclose a method wherein measurements are taken during drilling including taking a first measurement at a first position then rotating 180 degrees and taking a second measurement at a second position (paragraph 47). It would have been obvious to one of ordinary skill in the art before the time of effective filing to provide multiple measurement as taught by Estes et al., with the method of Church et al., as modified by Klein and Spaulding, in order to improve accuracy of data (Estes et al., paragraph 47).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 D Andrews whose telephone number is (571)272-6558. The examiner can normally be reached M-F, 7-3.
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, Nicole Coy can be reached at 571-272-5405. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/D. ANDREWS/Primary Examiner, Art Unit 3672
7/8/2026
Prosecution Insights