Final Rejection
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
The amendment filed 02/17/2026 has been entered. Claims 1, 3-21 remain pending in the application.
Response to Arguments
Applicant’s amendments to the claims are sufficient to overcome the rejection under 35 U.S.C. 101 of claims 19-20. Accordingly, the rejection has been withdrawn.
Applicant' s arguments with respect to claim(s) 1, 7, 19 and all subsequent dependent claims have been considered but are moot in view of the references cited in the most current rejection.
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 (i.e., changing from AIA to pre-AIA ) 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1, 4, 7 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Yang (CN 115240397 A, all citations provided from machine translation attached) in view of Bowden (US 4511999 A).
Regarding claim 1, Yang teaches a self-burrowing seismic-sensing tool (data collecting device 200 also needs to perform self-burying operation), comprising: a navigator (203), implemented by a processor (204), configured to determine a course to a target destination within a subsurface formation, the course being based on a current location received from one or more sensors (motion control unit 204 is used for monitoring the current position information of the data collecting device 200, and according to the current position information and the preset target position information generating control signal). (Page.6, Paragraphs 5-6, Page.6, Paragraph 4, Page.7, Paragraph 3, Figs.1-3)
Yang also teaches a burrower (206), implemented by the processor, configured to operate a burrowing device to reach the target destination based on the course (driving member 206 for driving the pressure member 207 according to the working state for spiral motion and linear motion, to control the data acquisition device 200 buried preset depth). (Page.6, Paragraphs 4-6, Fig.3)
Yang also teaches a data acquisition unit (marine seismic monitoring function, 208), implemented by the processor (209), configured to generate seismic data based on seismic waves received at the target destination (the vibration sensor 208 for generating corresponding electric signal according to the seabed vibration, a data processing unit 209 for converting the analogue electric signal into a digital signal to store). (Page.7, Paragraph 3, Figs.2-3)
Yang also teaches a command unit (main control module), implemented by the processor, configured to receive one or more commands. (Page.7, Paragraph 5-Page.8, Paragraph 1, Claim 6)
Yang does not explicitly teach to receive one or more commands and operational errors and to determine one or more operation modes based upon the one or more commands and operational errors.
Bowden teaches to receive one or more commands (shot command signal) and operational errors (digital error signal representing the error between the time of occurrence of said one timing pulse) and to determine one or more operation modes based upon the one or more commands and operational errors (utilizing said digital error signal so that said adjustable counter can be adjusted). (Claim 1)
It would have been obvious to one having ordinary skill in the art before the effective filling date to have modified Yang to incorporate to receive one or more commands and operational errors and to determine one or more operation modes based upon the one or more commands and operational errors as taught by Bowden in order to minimize either a leading or lagging error.
Regarding claim 4, Yang teaches wherein the data acquisition unit acquires data in response to the one or more operation modes indicating to begin seismic data acquisition, and wherein the data acquisition unit ceases acquiring data in response to the one or more operation modes indicating to cease seismic data acquisition. (Page.8, Paragraph 5-Page.9, Paragraph 2, Fig.4)
Regarding claim 7, Yang teaches a computer-implemented method for a self-burrowing seismic-sensing tool, comprising: determining a course to a target destination within a subsurface formation from a surface location. (Page.6, Paragraphs 5-6, Page.6, Paragraph 4, Page.7, Paragraph 3, Figs.1-3)
Yang also teaches operating a burrowing device to the target destination based on the course; and generating seismic data based on seismic waves received at the target destination. (Page.6, Paragraphs 4-6, Page.7, Paragraph 3, Figs.2-3)
Yang does not explicitly teach receiving one or more commands and operational errors and to determine one or more operation modes based upon the one or more commands and operational errors.
Bowden teaches receiving one or more commands (shot command signal) and operational errors (digital error signal representing the error between the time of occurrence of said one timing pulse) and to determine one or more operation modes based upon the one or more commands and operational errors (utilizing said digital error signal so that said adjustable counter can be adjusted). (Claim 1)
It would have been obvious to one having ordinary skill in the art before the effective filling date to have modified Yang to incorporate receiving one or more commands and operational errors and to determine one or more operation modes based upon the one or more commands and operational errors as taught by Bowden in order to minimize either a leading or lagging error.
Regarding claim 18, Yang teaches receiving the target destination; and navigating to a delivery site associated with the target destination. (Page.6, Paragraphs 5-6, Page.6, Paragraph 4, Page.7, Paragraph 3, Figs.1-3)
Claim(s) 3, 5-6, 8-12 and 19-21 are rejected under 35 U.S.C. 103 as being unpatentable over Yang in view of Bowden and Brizard (US 20150316675 A1).
Regarding claim 3, Yang does not explicitly teach wherein the burrower causes the burrowing device to descend within the subsurface formation in response to the one or more operation modes indicating descent, and wherein the burrower causes the burrowing device to ascend within the subsurface formation in response to the one or more operation modes indicating ascent.
Brizard teaches wherein the burrower causes the burrowing device to descend within the subsurface formation in response to the one or more operation modes indicating descent, and wherein the burrower causes the burrowing device to ascend within the subsurface formation in response to the one or more operation modes indicating ascent. (Paragraphs 43, 46-47, Figs.8, 11)
It would have been obvious to one having ordinary skill in the art before the effective filling date to have modified Yang to incorporate wherein the burrower causes the burrowing device to descend within the subsurface formation in response to the one or more operation modes indicating descent, and wherein the burrower causes the burrowing device to ascend within the subsurface formation in response to the one or more operation modes indicating ascent in order to position the burrowing device at a desired location and retrieve the burrowing device to the surface for data collection, charging and/or repair.
Regarding claim 5, Yang does not explicitly teach wherein the command unit causes a transceiver to transmit a signal in response to the one or more operation modes indicating the self-burrowing seismic-sensing tool is waiting for retrieval.
Brizard teaches wherein the command unit causes a transceiver to transmit a signal in response to the one or more operation modes indicating the self-burrowing seismic-sensing tool is waiting for retrieval. (Paragraph 52)
It would have been obvious to one having ordinary skill in the art before the effective filling date to have modified Yang to incorporate wherein the command unit causes a transceiver to transmit a signal in response to the one or more operation modes indicating the self-burrowing seismic-sensing tool is waiting for retrieval in order to retrieve the burrowing device to the surface for data collection, charging and/or repair.
Regarding claim 6, Yang does not explicitly teach a wireless communication unit configured to facilitate underground communication with wireless communication units of adjacent self-burrowing seismic-sensing tools.
Brizard teaches a wireless communication unit configured to facilitate underground communication with wireless communication units of adjacent self-burrowing seismic-sensing tools. (Paragraphs 30, 32, Fig.8)
It would have been obvious to one having ordinary skill in the art before the effective filling date to have modified Yang to incorporate a wireless communication unit configured to facilitate underground communication with wireless communication units of adjacent self-burrowing seismic-sensing tools in order to communicate data to for example stop burring when desired depth is reached.
Regarding claim 8, Yang does not explicitly teach receiving an indication to cease collection of the seismic data; and ascending from the target destination to the surface location.
Brizard teaches receiving an indication to cease collection of the seismic data; and ascending from the target destination to the surface location. (Paragraphs 52, 35, Figs.8, 11)
It would have been obvious to one having ordinary skill in the art before the effective filling date to have modified Yang to incorporate receiving an indication to cease collection of the seismic data; and ascending from the target destination to the surface location in order to retrieve the burrowing device to the surface for data collection, charging and/or repair.
Regarding claim 9, Yang does not explicitly teach descending from the surface location to the target destination via a first course; and ascending from the target destination to the surface location via a second course, wherein the first course and the second course are different courses.
Brizard teaches descending from the surface location to the target destination via a first course; and ascending from the target destination to the surface location via a second course, wherein the first course and the second course are different courses. (Paragraphs 35, 38-39, 43, 46-47, Figs.8, 11)
It would have been obvious to one having ordinary skill in the art before the effective filling date to have modified Yang to incorporate descending from the surface location to the target destination via a first course; and ascending from the target destination to the surface location via a second course, wherein the first course and the second course are different courses position the burrowing device at a desired location and retrieve the burrowing device to the surface for data collection, charging and/or repair.
Regarding claim 10, Yang does not explicitly teach receiving an indication of an operational error; determining that the operational error indicates a navigational error; and performing a maneuver to correct for the navigational error.
Brizard teaches receiving an indication of an operational error; determining that the operational error indicates a navigational error; and performing a maneuver to correct for the navigational error. (Paragraphs 41)
It would have been obvious to one having ordinary skill in the art before the effective filling date to have modified Yang to incorporate receiving an indication of an operational error; determining that the operational error indicates a navigational error; and performing a maneuver to correct for the navigational error in order to account for an encounter with an unexpected object, e.g., fish, debris, etc.
Regarding claim 11, Yang does not explicitly teach determining that the operational error indicates a system error; determining one or more measurements between a current location and the surface location; and determining the second course to navigate from the current location to the surface location.
Brizard teaches determining that the operational error indicates a system error; determining one or more measurements between a current location and the surface location; and determining the second course to navigate from the current location to the surface location. (Paragraphs 41, 38, 57, Fig.8)
It would have been obvious to one having ordinary skill in the art before the effective filling date to have modified Yang to incorporate determining that the operational error indicates a system error; determining one or more measurements between a current location and the surface location; and determining the second course to navigate from the current location to the surface location in order to account for an encounter with an unexpected object, e.g., fish, debris, etc.
Regarding claim 12, Yang does not explicitly teach determining one or more measurements between the surface location and the target destination; and determining the course based upon the one or more measurements.
Brizard teaches determining one or more measurements between the surface location and the target destination; and determining the course based upon the one or more measurements. (Paragraphs 41, 38, 57, Fig.8)
It would have been obvious to one having ordinary skill in the art before the effective filling date to have modified Yang to incorporate determining one or more measurements between the surface location and the target destination; and determining the course based upon the one or more measurements in order to compute its own updated position and velocity by integrating (and optionally filtrating) information received from its motion sensors.
Regarding claim 19, Yang teaches to determine a course to a target destination within a subsurface formation, the course based on a current location received from one or more sensors; operate a burrowing device to the target destination based on the course; and collect seismic data based on seismic waves received at the target destination. (Page.6, Paragraphs 4-6, Page.7, Paragraph 3, Figs.1-3)
Yang does not explicitly teach a non-transitory computer-readable medium storing computer-executable instructions, which, when executed by a processor, causes the processor to execute instructions and to receive one or more commands and operational errors and to determine one or more operation modes based upon the one or more commands and operational errors.
Brizard teaches a non-transitory computer-readable medium storing computer-executable instructions, which, when executed by a processor, causes the processor to execute instructions. (Paragraph 57)
Bowden teaches to receive one or more commands (shot command signal) and operational errors (digital error signal representing the error between the time of occurrence of said one timing pulse) and to determine one or more operation modes based upon the one or more commands and operational errors (utilizing said digital error signal so that said adjustable counter can be adjusted). (Claim 1)
It would have been obvious to one having ordinary skill in the art before the effective filling date to have modified Yang to incorporate a non-transitory computer-readable medium storing computer-executable instructions, which, when executed by a processor, causes the processor to execute instructions as taught by Brizard in order to perform basic processing on the collected seismic data and enabling real-time data processing, improving operational efficiency, providing enhanced situational awareness through faster analysis of large datasets and further modify Yang to incorporate to receive one or more commands and operational errors and to determine one or more operation modes based upon the one or more commands and operational errors as taught by Bowden in order to minimize either a leading or lagging error.
Regarding claim 20, Yang does not explicitly teach wherein the processor is further operable to: cause the burrowing device to descend in response to the one or more operation modes indicating descent; cause the burrowing device to ascend in response to the one or more operation modes indicating ascent; and cause a transceiver to transmit a signal in response to the one or more operation modes indicating that a self-burrowing seismic-sensing tool is waiting for retrieval.
Brizard teaches wherein the processor is further operable to: cause the burrowing device to descend in response to the one or more operation modes indicating descent; cause the burrowing device to ascend in response to the one or more operation modes indicating ascent; and cause a transceiver to transmit a signal in response to the one or more operation modes indicating that a self-burrowing seismic-sensing tool is waiting for retrieval. (Paragraphs 41, 43, 46-47, 52, Figs.8, 11)
It would have been obvious to one having ordinary skill in the art before the effective filling date to have modified Yang to incorporate wherein the processor is further operable to: cause the burrowing device to descend in response to the one or more operation modes indicating descent; cause the burrowing device to ascend in response to the one or more operation modes indicating ascent; and cause a transceiver to transmit a signal in response to the one or more operation modes indicating that a self-burrowing seismic-sensing tool is waiting for retrieval in order to position the burrowing device at a desired location and retrieve the burrowing device to the surface for data collection, charging and/or repair.
Regarding claim 21, Yang does not explicitly teach wherein the command unit causes a transceiver to transmit a signal to a communication relay, the communication relay facilitating wireless communication between the self- burrowing seismic-sensing tool and a second self-burrowing seismic-sensing tool
Brizard teaches wherein the command unit causes a transceiver to transmit a signal to a communication relay, the communication relay facilitating wireless communication between the self- burrowing seismic-sensing tool and a second self-burrowing seismic-sensing tool. (Paragraph 40)
It would have been obvious to one having ordinary skill in the art before the effective filling date to have modified Yang to incorporate wherein the command unit causes a transceiver to transmit a signal to a communication relay, the communication relay facilitating wireless communication between the self- burrowing seismic-sensing tool and a second self-burrowing seismic-sensing tool in order to calculate a position from the ranges and bearings
Claim(s) 13-17 are rejected under 35 U.S.C. 103 as being unpatentable over Yang in view of Bowden, Brizard and Nicholas (“Controlling subterranean forces enables a fast, steerable, burrowing soft robot”, all citations provided from machine translation attached).
Regarding claim 13, Yang teaches determining a current location within the subsurface formation at periodic intervals and comparing the current location determined at each periodic interval to the course. (Page.6, Paragraphs 4-5, Claims 2, 9-10)
Yang does not explicitly teach re-positioning the burrowing device based on the comparison indicating that the current location deviates from the course by a specified threshold
Nicholas teaches re-positioning the burrowing device based on a comparison indicating that the current location deviates from the course by a specified threshold. (Section. “Robot Performance”, Figs.6-7)
It would have been obvious to one having ordinary skill in the art before the effective filling date to have modified Yang to incorporate re-positioning the burrowing device based on a comparison indicating that the current location deviates from the course by a specified threshold in order to quickly and accurately transverse the subterrain environment avoiding buried obstacles.
Regarding claim 14, Yang teaches comparing the current location determined at each interval to the target destination; and triggering collection of the seismic data. (Page.6, Paragraphs 4-5, Claims 2, 9-10)
Yang does not explicitly teach ceasing descent based on the comparison indicating that the current location is the target destination.
Nicholas teaches ceasing descent based on the comparison indicating that the current location is the target destination. (Section. “Robot Performance”, Figs.6-7)
It would have been obvious to one having ordinary skill in the art before the effective filling date to have modified Yang to incorporate ceasing descent based on the comparison indicating that the current location is the target destination in order to quickly and accurately transverse the subterrain environment avoiding buried obstacles.
Regarding claim 15, Yang teaches determining one or more measurements between the target destination and the surface location. (Page.6, Paragraphs 4-5, Claims 2, 9-10)
Yang does not explicitly teach determining a second course to navigate from the target destination to the surface location; and ascending from the target destination to the surface location based on the second course.
Nicholas teaches determining a second course to navigate from the target destination to the surface location; and ascending from the target destination to the surface location based on the second course. (Section. “Robot Performance”, Figs.6-7)
It would have been obvious to one having ordinary skill in the art before the effective filling date to have modified Yang to incorporate determining a second course to navigate from the target destination to the surface location; and ascending from the target destination to the surface location based on the second course in order to quickly and accurately transverse the subterrain environment avoiding buried obstacles.
Regarding claim 16, Yang does not explicitly teach comparing the current location determined at each interval to the second course; and re-positioning based on the comparison indicating that the current location deviates from the second course by the specified threshold.
Nicholas teaches comparing the current location determined at each interval to the second course; and re-positioning based on the comparison indicating that the current location deviates from the second course by the specified threshold. (Section. “Robot Performance”, Figs.6-7)
It would have been obvious to one having ordinary skill in the art before the effective filling date to have modified Yang to incorporate comparing the current location determined at each interval to the second course; and re-positioning based on the comparison indicating that the current location deviates from the second course by the specified threshold in order to quickly and accurately transverse the subterrain environment avoiding buried obstacles.
Regarding claim 17, Yang does not explicitly teach comparing the current location determined at each interval to the surface location; ceasing ascent based on the comparison indicating that the current location is the surface location; and triggering retrieval of the self-burrowing seismic-sensing tool.
Nicholas teaches comparing the current location determined at each interval to the surface location; ceasing ascent based on the comparison indicating that the current location is the surface location; and triggering retrieval of the self-burrowing seismic-sensing tool. (Section. “Robot Performance”, Figs.6-7)
It would have been obvious to one having ordinary skill in the art before the effective filling date to have modified Yang to incorporate comparing the current location determined at each interval to the surface location; ceasing ascent based on the comparison indicating that the current location is the surface location; and triggering retrieval of the self-burrowing seismic-sensing tool in order to quickly and accurately transverse the subterrain environment avoiding buried obstacles.
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 ABDALLAH ABULABAN whose telephone number is (571)272-4755. The examiner can normally be reached Monday - Friday 7:00am-3:00pm EST.
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/ABDALLAH ABULABAN/Primary Examiner, Art Unit 3645
