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 .
Status of Claims
Claims 1-30 are pending.
Information Disclosure Statement
The Information Disclosure Statements submitted on 2/25/2025, 3/29/2025, and 11/04/2025, are in compliance with the provisions of 37 CFR 1.97 and 1.98 and have been considered.
Claim Objections
Claim 15 is objected to because of the following informalities: this claim recites “output signal indicates to move from to a first location or a second location.” By way of suggestion, this could be amended to recite --output signal indicates to move to a first location or a second location--. Appropriate correction is required.
Claim Rejections - 35 USC § 112
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.
Claims 12, 13, and 26-28 are 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.
Regarding Claim 12: the claim recites that the target location is “a work surface near an excavator and the spectral lidar unit is mounted to an excavator”. It is unclear if the second recitation of “an excavator” is intended to introduce a new excavator or if it is intended to refer to the first recitation of “an excavator” that is near a work surface.
Claim 13 is rejected due to dependency.
Regarding Claim 26: line 1 recites “a mining drilling machine” while lines 2 and 3 recite “the drilling machine”. It is unclear whether the recitations of “the drilling machine” are directed towards the first recitation of “a mining drilling machine” or if they were meant to introduce a new limitation of “drilling machine”, separate from the mining drilling machine. For examination purposes, the recitations of “the drilling machine” are interpreted to be “the mining drilling machine.”
Regarding Claim 27: this claim recites the limitation of “the drilling machine”, which lacks antecedent basis. It is unclear whether this was intended to introduce a new limitation of “drilling machine” or if this claim was meant to be dependent on claim 26, which similarly recites “a mining drilling machine”/ “the drilling machine”. This claim is being interpreted to be dependent from claim 25 so a new limitation of “drilling machine” is introduced.
Regarding Claim 28: this claim recites the limitation of “the drilling machine”, which lacks antecedent basis. It is unclear whether this was intended to introduce a new limitation of “drilling machine” or if this claim was meant to be dependent on claim 26, which similarly recites “a mining drilling machine”/ “the drilling machine”. This claim is being interpreted to be dependent from claim 25 so a new limitation of “drilling machine” is introduced.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-13, 16, and 19-30 are rejected under 35 U.S.C. 103 as being unpatentable over Bamber (US 20130026263 A1) in view of Li (US 20180347354 A1).
Regarding Claim 1: Bamber discloses a spectral lidar imaging system for earthen material (Fig. 2, spectrometer 206) comprising:
a spectral lidar unit directed towards a target location and operable to image the target location containing the earthen material and capturing spatial data and spectral data at the plurality of wavelengths, the spectral data including an intensity of the return light from the target location for each of a plurality of wavelength bands (Fig. 3 and [0040] the signals undergo Fast Fourier Transform to extract and analyze spectral information. By performing FFT, the intensity/magnitude of each of the different signal components is determined; Fig. 2 and [0029], the sensor 206 images the ore composition of the ore in the bucket);
a controller communicatively coupled to the spectral lidar unit to control operations of the spectral lidar unit and receive data from the spectral lidar unit, the controller including at least one processor and at least one data storage device communicatively coupled to the at least one processor and having stored thereon emission characteristics of the light and computer executable instructions for operating the processor to (Fig. 3, [0037] computer 340 and software program 360, which control the output of the arbitrary waveform generator 315):
direct the spectral lidar unit to image earthen material at the target location to generate spatial data and spectral data of the earthen material at each of the plurality of wavelengths (Fig. 2 and [0029]-[0030]),
receive the spatial data and spectral data of the earthen material, (Fig. 2, [0029] – [0030] for a conveyor belt equipped with a spectrometer, the spectrometry is performed on the ore as it moves along the belt, so the spatial data (where on the belt) and spectral data of the ore is collected. For a truck with a spectrometer in the bucket, in order to direct the material to its appropriate higher-grade, lower-grade, or waste stream, the spectral data is collected, and spatial data is also collected to direct the ore to their appropriate streams),
characterize the earthen material and determine a desirability of the earthen material based on the characterization ([0029] – [0032], [0050] and Fig. 2, ore characterized as either waste, high grade, or low grade), and
generate an output signal, the output signal indicating a first direction for the earthen material if the desirability is at or above a predetermined threshold level and a second direction different from the first direction if the desirability of the earthen material is below the predetermined threshold level (Figs. 1 and 2, sorting and directing ore based on their grade).
Bamber does not expressly disclose that the target location is imaged by emitting pulses of light at a plurality of wavelengths from a light source, or that the system will determine a reflectance at the plurality of wavelengths of earthen material using the spectral data of the earthen material and the emission characteristics of the light, and use this reflectance to determine desirability.
Li teaches a system that acquires location data, spectral measurements, and optical measurements of rocks and earth ([0078]) where imaging is performed by emitting pulses of light at a plurality of wavelengths from a light source ([0090] and Fig. 9A, pulse time waveforms are analyzed); and that a reflectance at the plurality of wavelengths of earthen material using the spectral data of the earthen material and the emission characteristics of the light is determined and used to determine desirability ([0084] this device has a broad spectrum IR source with optical filters in an attenuated reflectance spectroscopy scheme for selecting particular wavelength bands. Alternatively, single chip lasers tuned to specific wavelengths can be used. [0110] and Figs. 24 and 25, reflectance is measured to obtain the absorption spectrum).
It would have been obvious for one ordinarily skilled in the art of lidar technologies before the effective filing date of the claimed invention, to modify the imaging device disclosed by Bamber, by incorporating the spectrometer and technique for performing spectroscopy as taught by Li, where light at a plurality of wavelengths is emitted and the absorption spectrum of the material is obtained. Using the specific spectrometer taught by Li is beneficial because having either (1) a broad spectrum source with integrated optical filters, as well as detectors which have tunable filters, or (2) multiple lasers tuned to key wavelengths, offers finer control over what spectral information is obtained (Li, [0084] and [0108] – [0109]). This will allow for spectral information at key wavelengths to be obtained rapidly (Li, [0084]).
Regarding Claim 2: Bamber, in view of Li, discloses the system of claim 1. Bamber further discloses an alert device communicatively coupled to the controller to receive the output signal and provide an alert to a human operator based on the output signal ([0061] decision support system 845 can be a computer interface or any other indicator that indicates the quality of the material. This output is provided to an operator with color indicators for example).
Regarding Claim 3: Bamber, in view of Li, discloses the system of claim 2. Bamber further discloses wherein the alert device is remote from the spectral lidar unit ([0061] the decision support system 845 can be a computer in an office at an ore processing facility).
Regarding Claim 4: Bamber, in view of Li, discloses the system of claim 2. Bamber further discloses wherein the alert is an audible alert or a graphic on a screen ([0061] the decision support system 845 can be a computer in an office at an ore processing facility. Indicators can be a color indicator (like RED for waste, BLUE for low grade ore, and GREEN for high grade ore)).
Regarding Claim 5: Bamber, in view of Li, discloses the system of claim 2. Bamber further discloses wherein the alert device includes a lighting system and the alert includes a first illumination if the output signal indicates the first direction and a second illumination different from the first illumination if the output signal indicates the second direction ([0061] different colors like red/blue/green indicate waste/low grade/high grade material, indicating which stream the material should be directed to).
Regarding Claim 6: Bamber, in view of Li, discloses the system of claim 2. Bamber further discloses wherein the alert device includes a visible indicator directing the user to move the material towards a first area if the output signal indicates the first direction and directing the user to move the material towards a second are if the output signal indicates the second direction, the second area being different from the first area ([0061] different colors like red/blue/green indicate waste/low grade/high grade material, indicating which stream the material should be directed to in Fig. 2. This visual indicator signals the operator of the shovel to place contents in the appropriate stream).
Regarding Claim 7: Bamber, in view of Li, teaches the system of claim 1. In this combination, the spectrometer of the lidar unit taught by Li includes a broadband source where optical filters are used to perform measurements at key wavelengths (Li, [0084]). So, Li further teaches that the plurality of wavelength bands are selected to correspond to one or more characteristic features of a selected valuable earthen material ([0084] using attenuation to obtain spectral information at key wavelengths. [0107] – [0109] particular wavelengths of interest are different for different groups/types of ore/earthen material).
Regarding Claim 8: Bamber, in view of Li, teaches the system of claim 1. Bamber further discloses wherein imaging using the spectral lidar unit includes capturing spatial position information, and the spectral and spatial data of the earthen material includes associated spatial position information of the earthen material ([0061] and Fig. 2, sensors in conjunction with a diversion system can be used to sort material individually, based on the ore grade. In order to sort the individual pieces of ore by grade, the system must obtain position and spectral information), and wherein the computer executable instructions include instructions for operating the at least one processor to generate a first output signal associated with a first subset of the earthen material and a second output signal associated with a second subset of the earthen material, the first subset at a first spatial position and the second subset at a second spatial position different from the first spatial position ([0061] color indicators indicate where to divert the material to based on ore composition. The ore can be sorted individually, so individual pieces can be diverted to the appropriate stream).
Regarding Claim 9: Bamber, in view of Li, teaches the system of claim 8. Bamber further discloses wherein the first subset of the earthen material is a singular body of earthen material ([0061] pieces can be sorted individually based on composition of the singular pieces of material).
Regarding Claim 10: Bamber, in view of Li, teaches the system of claim 1. Bamber further discloses wherein the targe location is in an opening of a bucket of an excavator and the spectral lidar unit is mounted to earth moving equipment, and the output signal provides a directional indicator to indicate a direction for the earth moving equipment ([0029] – [0032] and Fig. 2, the bucket of the mining shovel or scoop tram 204 is fitted with the spectrometer/sensor 206 for sensing the ore composition in the bucket. The material of different grades are sorted into different streams based on the quality of the material).
Regarding Claim 11: Bamber, in view of Li, teaches the system of claim 10. Bamber further discloses wherein the directional indicator indicates to empty the bucket into a first or second location (Fig. 2 and [0032] and [0061] the minerals are sorted into different piles and directed towards different streams based on composition/grade).
Bamber and Li do not expressly teach that the buckets are to be emptied into a first truck or into a second truck different from the first truck.
It would have been obvious to one ordinarily skilled in the art before the effective filing date of the claimed invention to further modify the system taught by Bamber and Li, such that the sorting of the materials includes emptying the buckets of materials into either a first or second truck based on their composition. As further disclosed by Bamber, entire the sorting and directing of material can be performed on entire batches of ore, rather than just individual pieces (Bamber, [0061]). Modifying the step of emptying buckets into different piles, such that the buckets are emptied into different piles located on a first truck or a second truck, would be obvious to try, since this would be choosing from a finite number of predictable ways to move material from one location to another (MPEP 2141.III KSR Rationale E). Bamber also states that the diversion of material into different streams can be performed by the mining shovel bucket on the vehicle itself, so to use separate vehicles (a first truck or a second truck) to divert the ore to the appropriate processing stream would just be selecting another way to move material from one location to another (Bamber, [0023]).
Regarding Claim 12: Bamber, in view of Li, teaches the system of claim 1. Bamber further discloses wherein the target location is a work surface near an excavator and the spectral lidar unit is mounted to the excavator ([0069] and Fig. 2, the mining apparatus can be an excavator. Sensor 206 is on the vehicle. [0029] the system collects ore from a bench in the mine or a stockpile of ore).
Regarding Claim 13: Bamber, in view of Li, teaches the system of claim 12. Bamber further discloses wherein the directional indicator indicates where to apply the bucket of the excavator along an indicated path ([0023] the mining shovel bucket itself can bring/divert the ore to the appropriate stream for processing based on the material composition).
Regarding Claim 16: Bamber, in view of Li, teaches the system of claim 1. In this combination, Li further discloses wherein the light source includes a laser ([0080] and [0084] single lasers tuned to individual frequencies).
Regarding Claim 19: Bamber, in view of Li, teaches the system of claim 1. This combination does not expressly teach that the spectral lidar unit includes a unit housing, the unit housing containing the light source, the light source being a laser operable to generate the light and at least one sensor operable to capture the spectral and spatial data.
However, Li further teaches this limitation in paragraphs [0081] + [0084] where the spectral lidar unit is contained in a sensor package, and where the source can include lasers tuned to specific wavelengths.
It would have been obvious to one ordinarily skilled in the art before the effective filing date of the claimed invention to further modify the spectral lidar unit in the system taught by Bamber and Li, such that it is contained in a sensor package, as further taught by Li. This allows the unit to perform measurements through a window while keeping the source and detector protected and separated from the environment (Li, [0081]).
Regarding Claim 20: Bamber, in view of Li, teaches the system of claim 1. Bamber further discloses that the output signal controls an automated system for a conveyor belt that directs material to a specific location based on the desirability of the earthen material and a spacing between samples ([0029] the spectrometry can be performed as the ore is moved along a conveyor belt. [0061] when spectrometry is performed while the ore is on a conveyor belt, it can be coupled with a diversion system that will automatically sort the material based on the content).
Regarding Claim 21: Bamber, in view of Li, teaches the system of claim 1. This combination does not expressly teach that determining a desirability of the earthen material includes using a machine learned model to recognize desirable or non desirable components of the earthen material.
Li teaches this limitation, where a machine learning model is used to identify the maturity of the rocks and the composition of the source rocks ([0046], [0055], [0078], and Abstract).
It would have been obvious to one ordinarily skilled in the art before the effective filing date to further modify the system taught by Bamber and Li, by incorporating the machine learned model further taught by Li, to identify traits of the earthen material, such as maturity of the rock. This would be applying the known technique of using machine learned models to the material identification and sorting system taught by Bamber and Li, to yield the predictable result of identifying how desirable a particular rock/ore sample is based on its spectral information (MPEP 2141.III KSR Rationale D).
Regarding Claim 22: Bamber, in view of Li, teaches the system of claim 1. Bamber further discloses wherein the output signal indicates the first direction for the earthen material if the desirability of the earthen material is at or above the predetermined threshold level, the second direction different from the first direction if the desirability of the earthen material is below the predetermined threshold level and above a further predetermined threshold level, and a third direction different from the first and second directions if the desirability of the earthen material is below the further predetermined threshold level ([0023], [0061] and Fig. 2, high grade ore, low grade ore, and waste are each directed towards their respective streams).
Regarding Claim 23: Bamber discloses a spectral lidar imaging system for earthen material (Fig. 2, spectrometer 206) comprising:
a spectral lidar unit directed towards a target location and operable to image the target location containing the earthen material and capturing spatial data and spectral data at the plurality of wavelengths, the spectral data including an intensity of the return light from the target location for each of a plurality of wavelength bands (Fig. 3 and [0040] the signals undergo Fast Fourier Transform to extract and analyze spectral information. By performing FFT, the intensity/magnitude of each of the different signal components is determined; Fig. 2 and [0029], the sensor 206 images the ore composition of the ore in the bucket);
an alert device ([0061] decision support system 845 to alert user);
a controller communicatively coupled to the spectral lidar unit to control operations of the spectral lidar unit and receive data from the spectral lidar unit, the controller including at least one processor and at least one data storage device communicatively coupled to the at least one processor and having stored thereon emission characteristics of the light and computer executable instructions for operating the processor to (Fig. 3, [0037] computer 340 and software program 360, which control the output of the arbitrary waveform generator 315):
direct the spectral lidar unit to image earthen material at the target location to generate spatial data and spectral data of the earthen material at each of the plurality of wavelengths (Fig. 2 and [0029]-[0030]),
receive the spatial data and spectral data of the earthen material, (Fig. 2, [0029] – [0030] for a conveyor belt equipped with a spectrometer, the spectrometry is performed on the ore as it moves along the belt, so the spatial data (where on the belt) and spectral data of the ore is collected. For a truck with a spectrometer in the bucket, in order to direct the material to its appropriate higher-grade, lower-grade, or waste stream, the spectral data is collected, and spatial data is also collected to direct the ore to their appropriate streams),
characterize the earthen material and determine a desirability of the earthen material based on the characterization ([0029] – [0032], [0050] and Fig. 2, ore characterized as either waste, high grade, or low grade), and
generate an output signal, the output signal indicating a first direction for the earthen material if the desirability is at or above a predetermined threshold level and a second direction different from the first direction if the desirability of the earthen material is below the predetermined threshold level (Figs. 1 and 2, sorting and directing ore based on their grade)
provide the output signal to the alert device, and wherein the alert device is operable to provide an alert based on the output signal, the alert indicating the first direction or the second direction ([0061] decision support module 845 provides alert to user based on the grade of ore, indicating whether to direct the material to waste, low grade, or high grade stream).
Bamber does not expressly disclose that the target location is imaged by emitting pulses of light at a plurality of wavelengths from a light source, or that the system will determine a reflectance at the plurality of wavelengths of earthen material using the spectral data of the earthen material and the emission characteristics of the light, and use this reflectance to determine desirability.
Li teaches a system that acquires location data, spectral measurements, and optical measurements of rocks and earth ([0078]) where imaging is performed by emitting pulses of light at a plurality of wavelengths from a light source ([0090] and Fig. 9A, pulse time waveforms are analyzed); and that a reflectance at the plurality of wavelengths of earthen material using the spectral data of the earthen material and the emission characteristics of the light is determined and used to determine desirability ([0084] this device has a broad spectrum IR source with optical filters in an attenuated reflectance spectroscopy scheme for selecting particular wavelength bands. Alternatively, single chip lasers tuned to specific wavelengths can be used. [0110] and Figs. 24 and 25, reflectance is measured to obtain the absorption spectrum).
It would have been obvious for one ordinarily skilled in the art of lidar technologies before the effective filing date of the claimed invention, to modify the imaging device disclosed by Bamber, by incorporating the spectrometer and technique for performing spectroscopy as taught by Li, where light at a plurality of wavelengths is emitted and the absorption spectrum of the material is obtained. Using the specific spectrometer taught by Li is beneficial because having either (1) a broad spectrum source with integrated optical filters, as well as detectors which have tunable filters, or (2) multiple lasers tuned to key wavelengths, offers finer control over what spectral information is obtained (Li, [0084] and [0108] – [0109]). This will allow for spectral information at key wavelengths to be obtained rapidly (Li, [0084]).
Regarding Claim 24: Bamber discloses a spectral lidar imaging method for earthen material (Fig. 1, 2, and [0029]) comprising:
capturing spatial data and spectral data, the spectral data including an intensity of a return of the light form the target location for each of a plurality of wavelength bands of interest (Fig. 3 and [0040] the signals undergo Fast Fourier Transform to extract and analyze spectral information. By performing FFT, the intensity/magnitude of each of the different signal components is determined; Fig. 2 and [0029], the sensor 206 images the ore composition of the ore in the bucket)
characterizing the earthen material and determining a desirability of the earthen material based on the characterization ([0029] – [0032], [0050] and Fig. 2, ore characterized as either waste, high grade, or low grade)
generating an alert indicating a first direction for the earthen material if the desirability of the earthen material is at or above a predetermined threshold level and indicating a second direction different from the first direction if the desirability of the earthen material is below the predetermined threshold level ([0061] decision support module 845 provides alert to user based on the grade of ore, indicating whether to direct the material to waste, low grade, or high grade stream); and
presenting the alert to a human operator ([0061] the grade of the ore is presented to the user).
Bamber does not expressly disclose emitting light towards a target location containing earthen material, or determining a reflectance of the earthen material using the spectral data of the earthen material and emission characteristic of the light, and using this reflectance for determining desirability.
Li teaches a method for that acquiring location data, spectral measurements, and optical measurements of rocks and earth ([0078]) where imaging is performed by emitting light towards a target location containing earthen material and capturing data for each fo a plurality of wavelength bands of interest ([0090] and Fig. 9A, pulse time waveforms are analyzed); and determining a reflectance of the earthen material using the spectral data of the earthen material and emission characteristic of the light, and using this reflectance for determining desirability ([0084] this device has a broad spectrum IR source with optical filters in an attenuated reflectance spectroscopy scheme for selecting particular wavelength bands. Alternatively, single chip lasers tuned to specific wavelengths can be used. [0110] and Figs. 24 and 25, reflectance is measured to obtain the absorption spectrum).
It would have been obvious for one ordinarily skilled in the art of lidar technologies before the effective filing date of the claimed invention, to modify the imaging device disclosed by Bamber, by incorporating the spectrometer and technique for performing spectroscopy as taught by Li, where light at a plurality of wavelengths is emitted and the absorption spectrum of the material is obtained. Using the specific spectrometer taught by Li is beneficial because having a broad spectrum source with integrated optical filters, as well as detectors which have tunable filters, offers finer control over what spectral information is obtained (Li, [0084] and [0108] – [0109]). This will allow for spectral information at key wavelengths to be obtained rapidly (Li, [0084]).
Regarding Claim 25: Bamber discloses a spectral lidar imaging system for earthen material (Fig. 2, spectrometer 206) comprising:
a spectral lidar unit directed towards a target location and operable to image the target location containing the earthen material and capturing spatial data and spectral data at the plurality of wavelengths, the spectral data including an intensity of the return light from the target location for each of a plurality of wavelength bands (Fig. 3 and [0040] the signals undergo Fast Fourier Transform to extract and analyze spectral information. By performing FFT, the intensity/magnitude of each of the different signal components is determined; Fig. 2 and [0029], the sensor 206 images the ore composition of the ore in the bucket);
a controller communicatively coupled to the spectral lidar unit to control operations of the spectral lidar unit and receive data from the spectral lidar unit, the controller including at least one processor and at least one data storage device communicatively coupled to the at least one processor and having stored thereon emission characteristics of the light and computer executable instructions for operating the processor to (Fig. 3, [0037] computer 340 and software program 360, which control the output of the arbitrary waveform generator 315):
direct the spectral lidar unit to image earthen material at the target location to generate spatial data and spectral data of the earthen material at each of the plurality of wavelengths (Fig. 2 and [0029]-[0030]),
receive the spatial data and spectral data of the earthen material, (Fig. 2, [0029] – [0030] for a conveyor belt equipped with a spectrometer, the spectrometry is performed on the ore as it moves along the belt, so the spatial data (where on the belt) and spectral data of the ore is collected. For a truck with a spectrometer in the bucket, in order to direct the material to its appropriate higher-grade, lower-grade, or waste stream, the spectral data is collected, and spatial data is also collected to direct the ore to their appropriate streams),
characterize the earthen material and determine a desirability of the earthen material based on the characterization ([0029] – [0032], [0050] and Fig. 2, ore characterized as either waste, high grade, or low grade).
Bamber does not expressly disclose that the target location is imaged by emitting pulses of light at a plurality of wavelengths from a light source, or that the system will determine a reflectance at the plurality of wavelengths of earthen material using the spectral data of the earthen material and the emission characteristics of the light, and use this reflectance to determine desirability, or updating a survey model based on the desirability of the earthen material.
Li teaches a system that acquires location data, spectral measurements, and optical measurements of rocks and earth ([0078]) where imaging is performed by emitting pulses of light at a plurality of wavelengths from a light source ([0090] and Fig. 9A, pulse time waveforms are analyzed); and that a reflectance at the plurality of wavelengths of earthen material using the spectral data of the earthen material and the emission characteristics of the light is determined and used to determine desirability ([0084] this device has a broad spectrum IR source with optical filters in an attenuated reflectance spectroscopy scheme for selecting particular wavelength bands. Alternatively, single chip lasers tuned to specific wavelengths can be used. [0110] and Figs. 24 and 25, reflectance is measured to obtain the absorption spectrum). Li further teaches that this system will update a survey model based on the desirability of the earthen material ([0084] the absorption spectra at key wavelengths is related to mineralogy and maturity. This data is logged and the logs are updated and refined as new wells are drilled).
It would have been obvious for one ordinarily skilled in the art of lidar technologies before the effective filing date of the claimed invention, to modify the imaging device disclosed by Bamber, by incorporating the spectrometer and technique for performing spectroscopy as taught by Li, where light at a plurality of wavelengths is emitted and the absorption spectrum of the material is obtained. Using the specific spectrometer taught by Li is beneficial because having either (1) a broad spectrum source with integrated optical filters, as well as detectors which have tunable filters, or (2) multiple lasers tuned to key wavelengths, offers finer control over what spectral information is obtained (Li, [0084] and [0108] – [0109]). This will allow for spectral information at key wavelengths to be obtained rapidly (Li, [0084]).
Furthermore, it would have been obvious to one ordinarily skilled in the art to also incorporate the step of updating a survey model based on the desirability and characterization of the material, as further taught by Li. This provides a better geological understanding of the hydrocarbon system. Updating/refining the models of the environment will indicate optimal depths and locations for drilling new wells (Li, [0084]).
Regarding Claim 26: Bamber and Li teach the system of claim 25. This combination does not teach that the system comprises a mining drilling machine, wherein the spectral lidar unit is mounted to the drilling machine and directed towards the target location adjacent the drilling machine.
However, Li further teaches this limitation in paragraphs [0082] – [0084], where the spectral lidar unit ([0082] light source and detector) is attached to a drilling sub directed towards the rock face of the well ([0084]).
It would have been obvious to one ordinarily skilled in the art before the effective filing date of the claimed invention to further modify the system taught by Bamber and Li, such that it is mounted to a drilling machine for measuring target locations adjacent to the drilling machine, as further taught by Li. Spectral information like infrared absorption of the rock face at key wavelengths, is useful for mineralogy and maturity of the rock face at different latitudes, which provides critical details for drilling new wells (Li, [0084]). Understanding the properties of the source rock can lead to successful oil and gas production and recovery (Li, [0003]).
Regarding Claim 27: Bamber and Li teach the system of claim 25. This combination does not teach that the target location contains the earthen material lifted by [a] drilling machine.
However, Li further teaches this limitation in paragraph [0113] and Fig. 29, where the sampling device acquires samples from the environment and can be retrieved for further processing. As stated by paragraph [0093], the samples can be retrieved from the environment and cleaned in order to prepare the samples.
It would have been obvious to one ordinarily skilled in the art before the effective filing date of the claimed invention to further modify the system taught by Bamber and Li, such that it performs measurements on earthen material lifted by a drilling machine, as further taught by Li. This is because the presence of external compounds such as drilling muds, can influence the analysis of the sample (Li, [0093]). Lifting the material from the well allows the sample to be prepared for a more detailed analysis (Li, [0093]).
Regarding Claim 28: Bamber and Li teach the system of claim 25. This combination does not expressly teach that the target location is a downhole location at a wall of a drill hole formed by the drilling machine.
Li further teaches this limitation in paragraph [0084], where the apparatus acquires downhole infrared spectroscopy measurements.
It would have been obvious to one ordinarily skilled in the art before the effective filing date of the claimed invention to further modify the system taught by Bamber and Li, such that it can perform downhole infrared spectroscopy, as further taught by Li. This is beneficial because this system that can operate at downhole temperatures can obtain spectral information rapidly, at all depths, and at a fraction of the cost of laboratory measurements (Li, [0084]).
Regarding Claim 29: Bamber and Li teach the system of claim 25. In this combination, Bamber further teaches that the survey model is used to generate an output signal, the output signal indicating a first direction for the earthen material if the desirability of the earthen material is at or above a predetermined threshold level, and a second direction different from the first direction fi the desirability of the earthen material is below the predetermined threshold level ([0023], [0061] and Fig. 2, high grade ore, low grade ore, and waste are each directed towards their respective streams).
Regarding Claim 30: Bamber and Li teach the system of claim 25. In this combination, Bamber further teaches that the system further comprises an alert device communicatively coupled to the controller to receive the output signal and provide an alert to a human operator based on the output signal ([0061] decision support module 845 provides alert to user based on the grade of ore, indicating whether to direct the material to waste, low grade, or high grade stream).
Claims 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Bamber (US 20130026263 A1) in view of Li (US 20180347354 A1), and further in view of Tosato (US 20230408689 A1).
Regarding Claim 14: Bamber, in view of Li, teaches the system of claim 1. Bamber further teaches that the target location is above a material transport path and the spectral lidar unit is mounted to a support system and the output signal directs a transport carrying the earthen material along the material transport path ([0023], [0030] – [0033] the target location is the rocks in the shovel/bucket of the machine 204, which is on the ground. Based on the quality/grade of the ore, the machine itself will direct the ore to the appropriate stream).
This combination does not teach that the lidar unit is mounted to a support system above the material transport path and directed downwards towards the target location.
However, Tosato teaches a lidar system that is mounted on a support system and directed downwards towards a target location, where this lidar unit is above the path where material is being transported (Fig. 1, where the detector 100 is above the conveyor belt 102, and is pointed downwards to perform measurements).
It would have been obvious to one ordinarily skilled in the art before the effective filing date of the claimed invention to further modify the system taught by Bamber and Li, such that the lidar unit is mounted above the target location and directed downwards towards the target location, as taught by Tosato. This modification would be motivated by different design incentives and is a predictable variation of a lidar system that images material on a material transport path (MPEP 2141.III KSR Rationale F).
Regarding Claim 15: Bamber, in view of Li and Tosato, teaches the system of claim 14. Bamber further teaches that the transport is a vehicle and output signal indicates to move to a first location or a second location ([0023], [0061] and Fig. 2, high grade ore, low grade ore, and waste are each directed towards their respective streams. This can be done by the vehicle itself).
Claims 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over Bamber (US 20130026263 A1) in view of Li (US 20180347354 A1), and further in view of Vladutescu (US 20190293766 A1).
Regarding Claim 17: Bamber, in view of Li, teaches the system of claim 16. However, while Li teaches that the light source can be lasers tuned to particular wavelengths, or a broadband light source, Li does not teach that the light source includes a supercontinuum laser.
Vladutescu teaches the use of a supercontinuum laser that emits radiation in the UV, VIS, and/or IR range obtain spectral information ([0019], [0061], and [0081]).
It would have been obvious to one ordinarily skilled in the art before the effective filing date of the claimed invention to modify the light source in the system taught by Bamber and Li, by replacing it with a supercontinuum laser as taught by Vladutescu. This would be a simple substitution for the broadband light source taught by Li, for another broadband light source, as taught by Vladutescu (see MPEP 2141.III KSR Rationale B).
Regarding Claim 18: Bamber, in view of Li and Vladutescu, teaches the system of claim 17. In this system, the broadband light source is the supercontinuum laser taught by Vladutescu, rather than a generic broadband light source as taught by Li. In this combination, Li further teaches that the light source includes a filter selected to block the emission of all but a predetermined set of wavelengths ([0084]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Vaidyanathan (US 20210358103 A1): a system for identifying areas for mineral extraction and characterization of the elemental composition of different rocks/earth/minerals.
Silversides (US 20220136963 A1): A system that performs spectral scanning to identify and classify rock types in an environment, which can be used for ore body exploration surveys or during mining operations.
Choros et. al. (Choros, K. A., Job, A. T., Edgar, M. L., Austin, K. J., & McAree, P. R. (2022). Can Hyperspectral Imaging and Neural Network Classification Be Used for Ore Grade Discrimination at the Point of Excavation? Sensors, 22(7), 2687. https://doi.org/10.3390/s22072687): a system that uses machine learning, specifically convolutional neural networks, to classify ore grade and material composition in the field. This system employes lidar scanners.
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/ISABELLE LIN BOEGHOLM/Examiner, Art Unit 3645
/YUQING XIAO/Supervisory Patent Examiner, Art Unit 3645
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