DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 February 13th 2026 has been entered.
Claim Objections
Claim 1 and 12 is objected to because of the following informalities:
Claim 1 recites the limitation “a tuning module configured to tune the deep transmitter antenna to a first frequency or a second frequency” which is unclear since dependent claims 4 and 7 recite a first and second signal path that are used to tune the deep transmitter to a first frequency and a second frequency. If the tuning module of claim 1 only needs to operate In one band then it cannot be used to tune an antenna to two different bands. As such claim 1 should be corrected to “a tuning module configured to tune the deep transmitter antenna to a first frequency and a second frequency”
Claims 12 – “a subassembly configured for attachment to the resistivity tool the subassembly comprising:” should be corrected to “a subassembly configured for attachment to the resistivity tool, the subassembly comprising:”.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 1 and 12 rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
The claim recites a subassembly configured for attachment to the resistivity tool. However, the specifications and drawings never teach subassembly can be attached to the resistivity tool. The specifications only teach that the resistivity tool can be attached to a tubular. However, a tubular would be interpret broadly (for example the entire drill sting 100) and is not the same thing as the resistivity tool. As such, the subassembly attaching to the resistivity tool would constitute new matter.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 1,4-7,9-16 and 19-25 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 1 and 12 recite the limitation “a subassembly configured for attachment to the resistivity tool” and as such claims 1 and 12 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being incomplete for omitting essential structural cooperative relationships of elements, such omission amounting to a gap between the necessary structural connections. See MPEP § 2172.01. The omitted structural cooperative relationships would be how the subassembly is attached to the resistivity tool. The specifications and drawings do not teach the subassembly being attached to the resistivity tool rather all they disclose is that a subassembly may be attached to a tubular (Pg. 82-93 of Specifications) which would be the drill sting 100. This is also shown in figure 1 where we can see the subassembly being attached to a tubular structure 100 which comprises the resistivity tool 106 but the subassembly itself is not attached directly to the tool. For the purposes of examination, the examiner as best understood, will interpret claim 1 to mean “a subassembly configured for attachment to a tubular comprising the resistivity tool” as taught by the specifications and drawings.
Claims 4-7, 9-11, 13-16, and 19-25 inherit the indefiniteness of claim 1 and 12.
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) 1, 7, 9, 10-11, 18-22, and 24-25 are rejected under 35 U.S.C. 103 as being unpatentable over Griffing et al. (IDS Reference US 20190049614A1) in view of Taherian et al (US 20120068712 A1) and Bittar et al. (US 20200300084 A1).
Regarding Claim 1 as best understood, Griffing et al. discloses a system (Wireline system 100/200 as seen in figure 1-2 of Griffing et al.) comprising:
a resistivity tool included on a main collar of a drill string configured for placement in a wellbore, wherein the resistivity tool comprises a receiver antenna (Resistivity tool 1905 may comprise a receiver antenna like 1914 wherein said tool 1905 may be placed in the downhole tool 219 or tool body 102 which may be placed on the main collar of a drill string configured for placement in a wellbore; Paragraph 25-60 as well as figure 2-3 and 19 of Griffing et al.); and
a subassembly configured for attachment to the resistivity tool (Downhole tool 219 or tool body 102 serves as a tool for use in a borehole wherein a downhole receiver 300 may serve as a subassembly attached to the tool and placed on the same drill inserted into the well; Paragraph 25-60 as well as figure 2-3 and 19 of Griffing et al.), the subassembly comprising:
a deep transmitter antenna having no electronics or minimum electronics, the deep transmitter antenna being configured to transmit or receive a signal to or from the receiver antenna (Downhole receiver 300 may comprise an antenna 302 that can be a deeper placed transmitter like 602 that is configured to transmit or receive to a receiver antenna located on the resistivity tool 1905 wherein antenna 302 can be designed like transmitter antenna 602 which may comprise a minimum amount of electronics while antennas of tool 1905 can comprise the same amount of electronics while also having addition ones in the form of electronic apparatus 1965, display units 1955, and controller 192 ; Paragraph 25-60 and 86-89 as well as figure 2-3, 6, and 19 of Griffing et al.) ;
a tuning module configured to tune the deep transmitter antenna to at least one of a first frequency or a second frequency, wherein the first frequency corresponds to a first predetermined distance between the deep transmitter antenna and the receiver antenna (Downhole receiver 300 includes an antenna assembly 302 with a deep antenna 602 which can be connected to a tuning assembly, which can tune the antenna to operate at a first frequency 702 or a second frequency like 704, frequencies f1-f3 in figure 11 also work, wherein the distance between the deep antenna 602 and a receiver antenna on tool 1905 would inherently correspond to the frequency of operation like a first frequency; Paragraph 38 and 47-61 as well as figure 6-7 of Griffing et al.); and
Griffing et al. fails to explicitly disclose the second frequency corresponds to a second predetermined distance between the deep transmitter antenna and the receiver antenna and the resistivity tool comprises a receiver antenna and electronics to send control and communication signals among antennas.
However, Taherian et al. does disclose the second frequency corresponds to a second predetermined distance between the deep transmitter antenna and the receiver antenna (Receiver module 61 may be attached to the tool used in the borehole wherein module 61 transmits and receives form a deeper transmitter module 55 wherein 61 can operate in lower frequency bands like 1 Khz to higher bands like 2 MHz wherein as distance between module 55 and 61 decreases, a lower band may be used as seen in figures 2 wherein the distance between 61 and 66 is smaller and figure 4 wherein the distance has increased this showing two frequency bands of operation corresponding to distance between antennas; Paragraph 41-56 and figure 2-5 of Taherian et al.).
Bittar et al. further discloses the resistivity tool comprises a receiver antenna and electronics to send control and communication signals among antennas (Subassembly 108 may be structured like assembly 600 wherein it comprises a receiver antenna 136/610 as well has having information handling systems 120 which may be disposed in the tool 108 wherein systems 120 can make resistivity measurements using information from the antennas, thus allowing 108 to be a resistivity tool, as well as using electronics in handling system 102 to send control signals to other antennas like the deep transmitter antennas 602 which may be located in deeper subassemblies like 102; Paragraph 16-45 as well as figure 1-8 of Bittar et al.).
Therefore, it would have been obvious before the effective filling date of the claimed invention to a person having ordinary skill in the art modify the antenna as taught by Griffing et al. to have the second frequency corresponds to a second predetermined distance between the deep transmitter antenna and the receiver antenna and the resistivity tool comprises a receiver antenna as taught by Taherian et al. so during operation, signal loss can be compensated for as the tool is used in deeper depths of investigation (Paragraph 45 and 56 of Taherian et al.).
It would have been further before the effective filling date of the claimed invention to a person having ordinary skill in the art modify the antenna as taught by Griffing et al. and Taherian et al. to have the resistivity tool comprises a receiver antenna and electronics to send control and communication signals among antennas as taught by Bittar et al. to control the antennas and to take information/measurements to determine properties of the wellbore (Paragraph 16-20 of Bittar et al.).
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Regarding Claim 7, Griffing et al. further discloses the tuning module includes a microcontroller configured to actively select a first signal path and a second signal path of a plurality of signal paths to the deep transmitter antenna, wherein the first signal path is configured to tune the deep transmitter antenna to the first frequency and the second signal path is configured to tune the deep transmitter antenna to the second frequency (Switching elements which determine the signal path of the first antenna are controlled by a processor 312 which selects the path based on the frequency desired and can select a first signal path to tune the antenna to a first frequency F1 or a second path to tune the antenna to a second frequency F2 wherein a microcontroller would be inherent to the processor 312; Paragraph 60-61 of Griffing et al.).
Regarding Claim 9, Griffing et al. further discloses wherein the first signal path and the second signal path each include a capacitor, and wherein the capacitors are connected in parallel to the deep transmitter antenna (First antenna may be tuned via parallel tuning with a capacitive element in parallel with antenna and this parallel tuning may be further expanded to have multiple capacitive elements for tuning in multiple frequencies wherein we can have a first and second signal path with a first and second capacitor C1 and C2; Paragraph 47-48 and 59 as well as figure 7-8 and 10 of Griffing et al.).
Regarding Claim 10, Griffing et al. further discloses the first signal path and the second signal path each include a respective capacitor, and wherein the respective capacitors are connected in series to the deep transmitter antenna (First antenna may be tuned via series tuning with a capacitive element in series with antenna and this series tuning may be further expanded to have multiple capacitive elements for tuning in multiple frequencies wherein we can have a first and second signal path with a first and second capacitor C1 and C2; Paragraph 57-59 as well as figure 8-7 of Griffing et al.).
Regarding Claim 11, Griffing et al. wherein the subassembly further comprises a communication bus connected to the microcontroller wherein the communication bus is configured to connect to one or more components disposed on the resistivity tool (Downhole tool 219 with all previously disclosed electronics may be connected to a bus 1927 that includes other electrical components like 1965 and bus connects to the components disposed on the downhole receiver 300 such that a part of the bus would be located in the subassembly of 300; Paragraph 86-94 of Griffing et al.).
Regarding Claim 18, Griffing et al. further discloses a method for tuning a first antenna of a plurality of deeper transmitter antennas mounted on a subassembly, the method comprising (Downhole tool 219, or tool body 120, comprising a downhole receiver 300 and resistivity tool 1905 serves as a subassembly and comprise multiple antennas coupled to the downhole tool wherein they can be tuned and the method to tune would be inherent to the method of operating the device; Paragraph 26-29 and 37 as well as figure 2-3 and 19 of Griffing et al.): determining a first frequency and a second frequency, wherein the first frequency corresponds to a first distance (Downhole receiver 300 includes an antenna assembly 302 with a first antenna 602 antenna to operate at a first frequency 702 or a second frequency like 704, frequencies f1-f3 in figure 11 also work, wherein the distance between the first antenna 602 and a second antenna on tool 1905 would inherently correspond to the frequency of operation like a first frequency and bands of operation would be pre-determined; Paragraph 38 and 47-61 as well as figure 6-7 of Griffing et al.); and adding a tuning module to the subassembly, the tuning module configured to tune the first antenna to the first frequency and then second frequency (Downhole tool 219 comprises multiple antennas including a receiver 300 comprising an antenna assembly 302 with a first antenna 602 which can be connected a tuning assembly, which can tune the antenna to operate at a first frequency band 706 a second frequency like 704, frequencies f1-f3 in figure 11 also work,; Paragraph 38 and 47-61 as well as figure 6-7 of Griffing et al.)
tuning, via the tuning module, the first antenna to the first frequency (Downhole tool 219 comprises multiple antennas including a receiver 300 comprising an antenna assembly 302 with a first antenna 602 which can be connected a tuning assembly, which can tune the antenna to operate at a first frequency band 706 a second frequency like 704, frequencies f1-f3 in figure 11 also work,; Paragraph 38 and 47-61 as well as figure 6-7 of Griffing et al.).
Griffing et al. fails to explicitly disclose the second frequency corresponds to a second distance and determining that the first antenna and a first receiver antenna mounted to a first downhole tool will be separated by a first distance.
However, Taherian et al. does disclose the second frequency corresponds to a second distance between the first antenna and the second antenna (Receiver module 61 may be attached to the tool used in the borehole wherein module 61 transmits and receives form a transmitter module 55 wherein 61 can operate in lower frequency bands like 1 Khz to higher bands like 2 MHz wherein as distance between module 55 and 61 decreases, a lower band may be used as seen in figures 2 wherein the distance between 61 and 66 is smaller and figure 4 wherein the distance has increased this showing two frequency bands of operation corresponding to distance between antennas; Paragraph 41-56 and figure 2-5 of Taherian et al.).
Bittar et al. further discloses determining that the first antenna and a first receiver antenna mounted to a first downhole tool will be separated by a first distance (Receiver antenna 610 of a subassembly 108 may be disposed at a certain distance form a first deeper transmitter antenna 608 by a distance like 3m or if communicating with another deep transmitter 108 of a different subassembly then it would be at even higher distances wherein said distances would have to be pre-determined since frequency of operation depends on the transmitter being with deeper being at 10hz-1mhz and shallow 1khz-10mhz; Paragraph 16-45 as well as figure 1-8 of Bittar et al.).
Therefore, it would have been obvious before the effective filling date of the claimed invention to a person having ordinary skill in the art modify the antenna as taught by Griffing et al. to have the second frequency corresponds to a second distance between the first antenna and the second antenna as taught by Taherian et al. so during operation, signal loss can be compensated for as the tool is used in deeper depths of investigation (Paragraph 45 and 56 of Taherian et al.).
It would have been further obvious before the effective filling date of the claimed invention to a person having ordinary skill in the art modify the antenna as taught by Griffing et al. and Taherian et al. to determine that the first antenna and a first receiver antenna mounted to a first downhole tool will be separated by a first distance as taught by Bittar et al. to control the antennas and to take information/measurements to determine properties of the wellbore at different depths (Paragraph 16-20 and 45-46 of Bittar et al.).
Regarding Claim 19, Griffing et al. further discloses the tuning module including: comprises: a microcontroller connected to a first switch and a second switch, each switch connected to a respective signal path configured to tune the first antenna to the first frequency or the second frequency. (Switching elements 1008-1012 which determine the signal path of the first antenna are controlled by a processor 312 which selects the path based on the frequency desired and can select a signal path to tune the antenna to a frequency like a first frequency f1 or second frequency f2 wherein a microcontroller would be inherent to the processor 312; Paragraph 60-61 of Griffing et al.).
Regarding Claim 20, Griffing et al. further discloses the tuning module includes a tuning network configured to passively tune the first antenna to the first frequency or the second frequency (Tuning module can include multiple signal paths forming a tuning network wherein the first antenna can be tuned to multiple frequencies F1-F3 based on the path chosen; Paragraph 50-61 and figure 10 of Griffing et al.).
Regarding Claim 21, Griffing et al. further discloses wherein the deep transmitter antenna forms a circuit between an input conductor and a return conductor (Circuit receives an input signal like 608 or 808 in the input conductor formed by a line and a corresponding to it is another line that would serve as the output conductor; Paragraph 47-61 and figure 6-10 of Griffing et al.); and
wherein the tuning module splits the input conductor into a first signal path corresponding to the first frequency and a second signal path corresponding to the second frequency, wherein the tuning module being configured to tune the deep transmitter antenna to at least one of the first frequency or the second frequency comprises the tuning module being configured to tune the deep transmitter antenna to the first frequency by selecting the first signal path and to tune the deep transmitter antenna to the second frequency by selecting the second signal path (Tuning module can include multiple signal paths forming a tuning network wherein the first antenna can be tuned to multiple frequencies F1-F3 based on the signal path chosen wherein said tuning module at least includes a first and second signal path for a first and second frequency; Paragraph 50-61 and figure 10 of Griffing et al.).
Regarding Claim 22, Griffing et al. further discloses wherein the first signal path comprises a first capacitor and a first switch, wherein the first capacitor has a first inductance, wherein the second signal path comprises a second capacitor and a second switch, wherein the second capacitor has a second capacitance different from the first capacitance (Tuning assembly of first antenna 600/1014 can include multiple switches 1008-1012 and capacitors C1-C3 to form multiple signal paths shown by tuning points 1002-1006 wherein its tunes the antenna to operate in 3 frequencies f1c-f3c via the 3 paths with each path having a capacitor and said capacitors would each have a capacitance; Paragraph 59-61 as well as figure 10-11 of Griffing et al.), and wherein the tuning module being configured to select the first signal path comprises the tuning module being configured to close the first switch and open the second switch and wherein the tuning module being configured to select the second signal path comprises the tuning module being configured to open the first switch and close the second switch (Selecting a signal path would require closing the switch of that path to select that tuning element to tune the antenna and opening the switch of the other paths to prevent selecting there tuning elements and as such a first and second signal path selection require closing the first or second switch; Paragraph 59-61 as well as figure 10-11 of Griffing et al.).
Regarding Claim 24, Griffing et al. does disclose tuning, via the tuning module, the first antenna to the second frequency (Downhole tool 219 comprises multiple antennas including a receiver 300 comprising an antenna assembly 302 with a first antenna 602 which can be connected a tuning assembly, which can tune the antenna to operate at a first frequency band 706 a second frequency like 704, frequencies f1-f3 in figure 11 also work,; Paragraph 38 and 47-61 as well as figure 6-7 of Griffing et al.).
Griffing et al. and Taherian et al. fail to disclose determining that the first antenna and a second receiver antenna mounted to a second downhole tool will be separated by the second distance.
However, Bittar et al. does disclose determining that the first antenna and a second receiver antenna mounted to a second downhole tool will be separated by the second distance (Second Receiver antenna 606 of a subassembly 108 may be disposed at a certain distance form a first deeper transmitter antenna 608 that is different than the first receiver antenna 510 wherein said distance can be like 2m or if communicating with another deep transmitter 108 of a different subassembly then it would be at even higher distances wherein said distances would have to be pre-determined since frequency of operation depends on the transmitter being with deeper being at 10hz-1mhz and shallow 1khz-10mhz; Paragraph 16-45 as well as figure 1-8 of Bittar et al.).
Therefore, It would have been obvious before the effective filling date of the claimed invention to a person having ordinary skill in the art modify the antenna as taught by Griffing et al. and Taherian et al. to determine that the first antenna and a second receiver antenna mounted to a second downhole tool will be separated by the second distance by Bittar et al. to control the antennas and to take information/measurements to determine properties of the wellbore at different depths (Paragraph 16-20 and 45-46 of Bittar et al.).
Regarding Claim 25, Griffing et al. further discloses comprising: attaching the subassembly to the first downhole tool; and placing the combined subassembly and first downhole tool into a wellbore (Resistivity tool 1905 may comprise a receiver antenna like 1914 wherein said tool 1905 may be placed in the downhole tool 219 or tool body 102 which may be placed on the main collar of a drill string configured for placement in a wellbore wherein a downhole receiver 300 may serve as a subassembly attached to the tool to also go into the wellbore; Paragraph 25-60 as well as figure 2-3 and 19 of Griffing et al.).
Claim(s) 4-6 are rejected under 35 U.S.C. 103 as being unpatentable over Griffing et al. (IDS Reference US 20190049614A1) in view of Taherian et al (US 20120068712 A1), Bittar et al. (US 20200300084 A1), and Beste et al. (US 7038455B2).
Regarding Claim 4, Griffing et al. further discloses the subassembly of claim 1, wherein the tuning module is configured to passively tune the deep transmitter antenna to the first frequency and the second frequency via a first signal path and a second signal path, the tuning module including: the first signal path configured to tune the deep transmitter antenna to the first frequency, the first signal path including a first capacitor; and the second signal path configured to tune the deep transmitter antenna to a second frequency, the second signal path including a second capacitor (Tuning assembly of first antenna 600/1014 can include multiple switches 1008-1012 and capacitors C1-C3 to form multiple signal paths shown by tuning points 1002-1006 wherein its tunes the antenna to operate in 3 frequencies f1c-f3c via the 3 paths with each path having a capacitor; Paragraph 59-61 as well as figure 10-11 of Griffing et al.).
Griffing et al., Taherian et al., and Bittar et al. fails to disclose the second signal path including a first inductor-capacitor (LC) resonant circuit.
However, Beste et al. does disclose a second signal path including a first inductor-capacitor (LC) resonant circuit (Antenna 10 operates at 2 frequencies due to 2 paths with the second path comprising a LC circuit 16; Paragraph 11 and figure 1 of Beste et al.).
Therefore, it would have been obvious before the effective filling date of the claimed invention to a person having ordinary skill in the art modify the antenna as taught by Griffing et al., Taherian et al., and Bittar et al. to have a second signal path including a first inductor-capacitor (LC) resonant circuit as taught by Beste et al. to enable dual-band reception or transmission (Paragraph 11 of Beste et al.).
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Regarding Claim 5, Griffing et al. further discloses the tuning module is configured to tune the deep transmitter antenna via series tuning (First antenna may be tuned via series tuning with a capacitive element in series with antenna and this series tuning may be further expanded to have multiple capacitive elements for tuning in multiple frequencies; Paragraph 57-59 as well as figure 8-7 of Griffing et al.).
Regarding Claim 6, Griffing et al. further discloses wherein the tuning module is configured to tune the deep transmitter antenna via parallel tuning (First antenna may be tuned via parallel tuning with a capacitive element in parallel with antenna and this parallel tuning may be further expanded to have multiple capacitive elements for tuning in multiple frequencies; Paragraph 47-48 and 59 as well as figure 7-8 and 10 of Griffing et al.).
Claim(s) 12-13 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Griffing et al. (IDS Reference US 20190049614A1) in view of Bittar et al. (US 20200300084 A1).
Regarding Claim 12 as best understood, Griffing et al. discloses a system (Wireline system 100/200 as seen in figure 1-2 of Griffing et al.) comprising:
a resistivity tool configured for placement in a wellbore, wherein the resistivity tool comprises a receiver antenna (Resistivity tool 1905 may comprise a receiver antenna like 1914 wherein said tool 1905 may be placed in the downhole tool 219 or tool body 102 which may be placed on the main collar of a drill string configured for placement in a wellbore; Paragraph 25-60 as well as figure 2-3 and 19 of Griffing et al.); and
a subassembly configured for attachment to the resistivity tool (Downhole tool 219 or tool body 102 serves as a tool for use in a borehole wherein an a downhole receiver 300 may serve as a subassembly attached to the tool and placed on the same drill inserted into the well; Paragraph 25-60 as well as figure 2-3 and 19 of Griffing et al.) the subassembly comprising
a tuning module (The tuning assembly of these deep transmitter antennas can be designed with 3 switches and capacitors thus creating 3 paths to tune the antenna to 3 different frequencies wherein the antenna can be at an initial frequency f1 and then re-tuned to a new frequency at f2 and can be configured to transmit or receive signals at this new frequency; Paragraph 59-61 as well as figure 10 of Griffing et al.) configured to tune a plurality of deep transmitter antennas (Downhole receiver 300 may comprise an antenna 302 that can be a deeper placed transmitter like 602 wherein a parallel transmitter antenna 602 may be used alongside a series transmitter antenna thus constituting a plurality of deeper transmitter antennas; Paragraph 25-60 and 86-89 as well as figure 2-3, 6, and 19 of Griffing et al.) on the subassembly to different respective frequencies, wherein each respective frequency is different than any initial frequency to which each of the plurality of deep transmitter antennas was tuned; and the plurality of deep transmitter antennas each configured to transmit or receive signals at the respective frequency.
Griffing et al. fails to disclose wherein the resistivity tool comprises a receiver antenna and a shallow transmitter antenna.
However, Bittar et al. does disclose wherein the resistivity tool comprises a receiver antenna and a shallow transmitter antenna (Subassembly 108 may be structured like assembly 600 wherein it comprises a receiver antenna 136/610 as well has having information handling systems 120 which may be disposed in the tool 108 wherein systems 120 can make resistivity measurements using information from the antennas, thus allowing 108 to be a resistivity tool, wherein assembly 108 can also comprise shallow transmitter antennas like 604; Paragraph 16-45 as well as figure 1-8 of Bittar et al.).
Therefore, it would have been obvious before the effective filling date of the claimed invention to a person having ordinary skill in the art modify the antenna as taught by Griffing et al. to have wherein the resistivity tool comprises a receiver antenna and a shallow transmitter antenna as taught by Bittar et al. to receive shallow-depth signals form a shallower depth (Paragraph 38-39 of Bittar et al.).
Regarding Claim 13, Griffing et al. further discloses the tuning module includes a first signal path of a plurality of signal paths to a first antenna of the plurality of deep transmitter antennas, the first signal path including a first capacitor configured to passively retune the first antenna to a first new frequency. (Tuning module can comprise a first signal path with capacitor C1 that can retune the first antenna 600 of a plurality to a first new frequency if the antenna was tuned to an original frequency like F3; Paragraph 47, 59-61, and 123 as well as figure 6-10 of Griffing et al.).
Regarding Claim 16, Griffing et al. further disclose the tuning module includes a microcontroller configured to actively select a first signal path of a plurality of signal paths to a first antenna of the plurality of deep transmitter antennas and actively select a second signal path of the plurality of signal paths, wherein the first signal path is configured to retune the first antenna to a first new frequency and the second signal path is configured to retune the first antenna to a second new frequency (Switching elements which determine the signal path of the first antenna are controlled by a processor 312 which selects the path based on the frequency desired and can select a first signal path to re-tune the antenna to a first frequency F1 from an original frequency like F3 or can select a second signal path to re-tune the antenna to a second frequency F2 different from F1 and F3 wherein a microcontroller would be inherent to the processor wherein a microcontroller would be inherent to the processor 312; Paragraph 60-61 of Griffing et al.).
Claim(s) 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Griffing et al. (IDS Reference US 20190049614A1) in view of Bittar et al. (US 20200300084 A1) and Beste et al. (US 7038455B2).
Regarding Claim 14, Griffing et al. further discloses the tuning module further includes: a second signal path of the plurality of signal paths including a second capacitor, the second signal path configured to passively retune the first antenna of the plurality of deep transmitter antennas to a second new frequency (Tuning module may include a second path with a second capacitor C2 that can re-tune the first antenna to a second new frequency F2 which is different from F1 and F3; Paragraph 47, 59-61, and 123 as well as figure 6-10 of Griffing et al.).
Griffing et al. and Bittar et al. fails to disclose the second signal path including a first inductor-capacitor (LC) resonant circuit.
However, Beste et al. does disclose a second signal path including a first inductor-capacitor (LC) resonant circuit (Antenna 10 operates at 2 frequencies due to 2 paths with the second path comprising a LC circuit 16; Paragraph 11 and figure 1 of Beste et al.).
Therefore, it would have been obvious before the effective filling date of the claimed invention to a person having ordinary skill in the art modify the antenna as taught by Griffing et al. and Bittar et al. to have a second signal path including a first inductor-capacitor (LC) resonant circuit as taught by Beste et al. to enable dual-band reception or transmission (Paragraph 11 of Beste et al.).
Regarding Claim 15, Griffing et al. further discloses the first capacitor is connected in parallel with the second capacitor (First capacitor C1 can be configured to be in parallel with second capacitor C2 as seen in figure 10 of Griffing et al.).
Griffing et al. and Bittar et al. fails to disclose the first capacitor is connected in parallel with the second capacitor and the first inductor-capacitor resonant circuit.
However, Beste et al. does disclose the first capacitor is connected in parallel with the second capacitor and the first inductor-capacitor resonant circuit. (Antenna 10 operates at 2 frequencies due to 2 paths with the second path comprising a LC circuit 16 and the first capacitor 12 is connected in parallel with the second capacitor 14 and LC circuit 16; Paragraph 11 and figure 1 of Beste et al.).
Therefore, it would have been obvious before the effective filling date of the claimed invention to a person having ordinary skill in the art modify the antenna as taught by Griffing et al. and Bittar et al. to have the first capacitor be connected in parallel with the second capacitor and the first inductor-capacitor resonant circuit as taught by Beste et al. to enable dual-band reception or transmission in a parallel circuit configuration(Paragraph 11 of Beste et al.).
Additional Comments Regarding the Claim Rejections
Examiner’s note – Regarding claims 1, 4, 5-7, 11-16, and 22, the recitation that an element is “configured to” perform a function, it is the position of the office that such limitations are not positive structural limitations, and thus, only require the ability to so perform. In this case the prior art applied herein is construed as at least possessing such ability. When the structure recited in the reference is substantially identical to that of the claims, claimed properties or functions are presumed to be inherent. The Courts have held that it is well settled that where there is a reason to believe that a functional characteristic would be inherent in the prior art, the burden of proof then shifts to the applicant to provide objective evidence to the contrary. See In re Schreiber, 128 F.3d at 1478, 44 USPQ2d at 1478, 44 USPQ2d at 1432 (Fed. Cir. 1997) (see MPEP § 2112.01, I.).
Allowable Subject Matter
Claim 23 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 23, patentability exists, at least in part, with the claimed features of “wherein the second signal path comprises a second capacitor having a second capacitance different than the first capacitance and a first parallel inductor-capacitor circuit that is tuned to reject the first frequency, wherein the tuning module being configured to select the first signal path comprises the first parallel inductor-capacitor circuit rejecting the first frequency and wherein the tuning module being configured to select the second signal path comprises the first parallel inductor-capacitor circuit allowing the second frequency to pass through the first parallel inductor-capacitor circuit” as recited in claim 23.
Griffing et al., Taherian et al., and Bittar et al., are cited as teaching some of the elements of the claimed invention including a system comprising a reissitivity tool, a receiver antenna, electronics, a subassembly, a deep transmitter, a tuning module, a first signal path, a second signal path, a first capacitor, a second capacitor, and two different capacitances. Griffing et al., Taherian et al., and Bittar et al. fail to teach a first parallel inductor-capacitor circuit wherein said circuit is used to reject the first frequency during a first path and to allow the second frequency during a second path.
However, the prior art, when taken alone, or, in combination, cannot be construed as reasonably teaching or suggesting all of the elements of the claimed invention as arranged, disposed, or provided in the manner as claimed by the Applicant.
Claim 23 will also only be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 12, and 18 have been considered but are moot because the new ground of rejection does not rely on any combination of references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Furthermore the examiner notes that applicants arguments fail to comply with 37 CFR 1.111(b) because they amount to a general allegation that the claims define a patentable invention without specifically pointing out how the language of the claims patentably distinguishes them from the references.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure
US 10633967 B2 discloses a subassembly designed to be attached to a tool for a borehole where location of the assembly can be moved down.
US 9618646 B2 discloses a subassembly with a receiver antenna spaced apart from a transmitter antenna wherein the distance affects the operating frequency.
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/DAMEON E LEVI/Supervisory Patent Examiner, Art Unit 2845
/GURBIR SINGH/ Examiner, Art Unit 2845
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