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
This action is in reply to the Applicant’s claims, filed on 04/09/2026.
Claims 1, 8, and 10 have been amended.
Claim 7 has been cancelled.
Claims 1-6, and 8-13 are currently pending and have been examined.
Response to Amendment
The amendment filed 04/09/2026 has been entered. Claims 1-6, and 8-13 remain pending in the application. Applicant’s amendments to the claims have overcome each rejection previously set forth in the Final Office Action filed 01/13/2026.
Applicant' s argument with respect to the prior art rejections of claims 1-6, and 8-13 have been considered and found persuasive; therefore, the rejections have been withdrawn. However, upon further consideration, the amendments raise new issues and a new ground(s) of rejection is made.
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.
Claim 10 is 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.
Claim 10 recites the limitations: using flushing fluid in line 25. The limitation of “using flushing fluid; and” fails to positively recite a distinct method step and is unclear whether the limitation imposes any requirement beyond the preceding and following limitations relating to flushing fluid. Therefore, one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Examiner is reading as it is the same fluid as the previous limitation.
Claims 11-13 are rejected for being dependent on a rejected indefinite claim.
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 1-6, and 8-13 are rejected under 35 U.S.C. 103 as being unpatentable over Cullen et al. (US4,039,237) in view of Rodland (US2009/0133929) and Head (GB2,477,214).
Claim 1. Cullen discloses: A connector arrangement (100 connector plug; Fig. 2A-B) for rock drilling, wherein drill holes are formed through rock material (earth boring using B rotary drill bit rotated by M electric motor, Fig. 1A), the connector arrangement comprising:
at least one high voltage conductor joint (connection of 102 male connector and 104 female connector, Fig. 2A) made of dielectric material (110 and 130 insulating material, Fig. 2A) and provided with electrical connecting surfaces (112a-c, 132a-c contacting surfaces, Fig. 2A) between two high voltage conductors being connected (Fig. 2A); wherein the high voltage conductor joint being-surrounded by at least one tubular ground conductor made of metallic material (120 sub, Fig. 2A-B; Col. 5, lines 10-11);
at least one flushing fluid channel arranged between the high voltage conductor joint and the tubular ground conductor (120a inner surface, Fig. 2A-B) arranged to allow flushing fluid to pass the high voltage conductor joint (Col. 8, lines 55-57); and
the high voltage conductor joint including at least one fluid channel between its outer surface and the connecting surfaces (annular area between 112a-c and 132a-c and 136 port forms a fluid channel to allow fluid to escape, Fig. 2A), whereby the connecting surfaces are arranged to be surrounded by the flushing fluid (fluid in annulus formed by 120a inner surface surrounds the connecting surfaces, and fluid in the annulus formed by the male and female connector, Fig. 2A) and
the high voltage conductor joint including an elongated male element made of dielectric material (102 and 110, Fig. 2A) and including a first contact surface at a first end part (106a landing shoulder, Fig. 2A), and an elongated female element made of dielectric material (104 and 130, Fig. 2A) and including an axial connecting space arranged for receiving the male element at least partly (130a cavity, Fig. 2A), wherein a bottom of the axial connecting space is provided with a second contact surface compatible to be connected to the mentioned first contact surface (106a landing shoulder, Fig. 2A), wherein the centering elements are integrated on outer surfaces of both the male element and the female element (142a-b bow springs, 124 dogs; 425a-b fingers, 430-431 lugs; Fig. 2A-B), wherein axial lengths of the elongated male element and the elongated female element are multiple in relation to an inner diameter of the tubular ground conductor (axial lengths of male element [102 and 110] and female element [104 and 130] are illustrated in Fig. 2A as multiples of the diameter of 120a), and whereby the at least one fluid channel is formed between the elongated male element and the elongated female element (annular area between 112a-c and 132a-c and 136 port forms a fluid channel between the male and female elements, Fig. 2A).
Cullen does not disclose: electro rock drilling, wherein drill holes are formed by means of high voltage electro pulses conveyed through rock material or the electrical connecting surfaces are arranged in a non-fluid-excluding relationship with respect to the flushing fluid, such that the flushing fluid is permitted to be present at the electrical connecting surfaces when the male element and the female element are connected during transmission of the high-voltage electrical pulses.
Rodland discloses a machine for ground drilling by the utilization of an electric discharge generated by high-voltage pulses between electrodes.
Rodland teaches: electro pulse rock drilling, wherein drill holes are formed by means of high-voltage electro pulses conveyed through rock material ([0017]), two high voltage conductors (45 2-conduit electric cable, Fig. 5A) and flushing fluid (discharge fluid, [0017]).
It would have been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention, to substitute the rotary drill bit powered by an electric motor of Cullen with the drill bit with electrodes of Rodland with a reasonable expectation of success because both perform the same function of creating a drilled hole in similar contexts. Such a substitution represents the use of a known element according to its established function, and the results would have been predictable. KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007).
Cullen in view of Rodland does not teach: the electrical connecting surfaces are arranged in a non-fluid-excluding relationship with respect to the flushing fluid, such that the flushing fluid is permitted to be present at the electrical connecting surfaces when the male element and the female element are connected during transmission of the high-voltage electrical pulses.
Head discloses a wet connection system for downhole equipment comprising a dielectric fluid pathway for flushing contaminants from the conduits and encapsulating the conduits after connecting.
Head teaches: the electrical connecting surfaces (17 female connection block, 30 male conductor; Fig. 5A-5F) are arranged in a non-fluid-excluding relationship (100 seals allow fluid to flow past, Fig. 5E; Col. 11, lines 19-21) with respect to the flushing fluid (99 dielectric fluid, Fig. 5A-5F), such that the flushing fluid is permitted to be present at the electrical connecting surfaces when the male element and the female element are connected during transmission of the high-voltage electrical pulses (dielectric fluid envelops after connection is made; Col. 11, line 15 – Col. 12, line 17).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the electrical connection of Cullen in view of Rodland by incorporating non excluding seals and flushing channels as taught by Head with a reasonable expectation of success in order to allow the flushing fluid to surround the conductors once connected as taught by Head (Fig. 5A-5F).
Claim 2. Cullen in view of Rodland and Head teach: The connector arrangement as claimed in claim 1, wherein the high voltage conductor joint includes at least one centering element (Cullen: 142a-b bow springs, 124 dogs; 425a-b fingers, 430-431 lugs; Fig. 2A-B) supported against inner surfaces (Cullen: 120a inner surface, Fig. 2A-B) of the ground conductor so that the electrical connecting surfaces of the high voltage conductor joint are centered on a central axis of the ground conductor (Cullen: Fig. 2A-B).
Claim 3. Cullen in view of Rodland and Head teach: The connector arrangement as claimed in claim 1, wherein the ground conductor is a drill tube (Cullen: 120 sub is coupled to the drill string and performs the same function as a drill tube; Col. 5, lines 10-11).
Claim 4. Cullen in view of Rodland and Head teach: The connector arrangement as claimed in claim 1, wherein the ground conductor is an intermediate joint element mountable between opposing ends of two successive drill tubes (Cullen: 120 sub is between two components of C drill string, Fig. 2A-B).
Claim 5. Cullen in view of Rodland and Head teach: The connector arrangement as claimed in claim 2, wherein the at least one centering element is an inseparable structural part of the high voltage conductor joint (Cullen: 430-431 lugs are illustrated as inseparable to the plug).
Claim 6. Cullen in view of Rodland and Head teach:: The connector arrangement as claimed in claim 1, wherein the high voltage conductor joint has opposed first and second ends (Cullen: 102 male connector and 104 female connector are opposing first and second ends, Fig. 2A) includes at least one axial groove on its outer periphery facing towards an inner periphery of the ground conductor, whereby the at least one axial groove serves as the at least one flushing fluid channel (Cullen: 142a-b bow springs, 124 dogs; 425a-b; creates axial flow channels for flushing fluid around the connector, Fig. 2A-B), the at least one axial groove extending from the first end to the second end (Cullen: bow spring extends across the male and female connector ends, Fig. 2A).
Claim 8. Cullen in view of Rodland and Head teach: A drilling arrangement for high voltage electro pulse rock drilling (Rodland: Fig. 5A), the arrangement comprising:
a drilling tool including at least one drill tube (Rodland: 44 drill string, Fig. 5A) and a drill head (Rodland: 1 drill bit, Fig. 4A) connected to a distal end of the drill tube (Rodland: Fig. 5A);
a feed device arranged for feeding the drilling tool in a drilling direction and in a return direction (Rodland: 48 hoist, Fig. 5A);
a flushing device arranged for feeding flushing fluid to the drill head (Rodland: 62 pump, Fig. 5A);
a pulse generator arranged for generating high voltage electrical pulses (Rodland: 31 pulse generator, Fig. 5A);
first conductors (Rodland: 45 2-conduit electrical cable, F5A) arranged for conducting the generated high voltage electrical pulses to at least one high voltage electrode which is located on a face surface of the drill head (Rodland: 4 electrode, Fig. 4A and F2F);
second conductors arranged for providing a ground potential for at least one ground electrode which is located on the face surface of the drill head (Rodland: 5 electrode, Fig. 4A and F2F; [0022, 0040, 0056]), wherein high voltage electrical pulses are transmitted from the high voltage electrode to the ground electrode via the rock material thereby breaking the rock material (Rodland: [0003]), the second conductor including the at least one drill tube which is configured to serve as a ground conductor (Cullen: 120 sub is coupled to the drill string and performs the same function as a drill tube; Col. 5, lines 10-11); and
the first conductor including a high voltage supply conductor arrangement in accordance to claim 1 (see previously rejected claim 1) disposed inside the at least one drill tube (Rodland: Fig. 5A) being provided with at least a first high voltage conductor and
a second high voltage conductor which are connected to each other by the connector arrangement (Cullen: 100 connector plug; F2A-B), wherein during transmission of the high voltage electrical pulses, flushing fluid is permitted to be present at the electrical connecting surfaces of the connector arrangement (Head: dielectric fluid envelops after connection is made; Col. 11, line 15 – Col. 12, line 17).
Claim 9. Cullen in view of Rodland and Head teach: The drilling arrangement as claimed in claim 8.
Regarding the limitation: the pulse generator is located outside the drilled hole, Rodland does not explicitly teach positioning a pulse generator outside the drilled hole; however, Rodland does recite the use pulse generators outside of the borehole ([0005, 0036]).
It would have been obvious to one having ordinary skill in the art, at the time the invention was made to modify Rodland’s drilling apparatus by placing the pulse generator outside the borehole. This modification would predictably result in the transmission of power to the electro pulse drilling apparatus using an external power source, rather than an integrated downhole pulse generator as instantly claimed based on choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success. KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007).
Claim 10. Cullen discloses: A method for drilling of rock (earth boring using B rotary drill bit rotated by M electric motor, Fig. 1A), the method comprising:
generating high voltage electrical (S electrical power, Fig. 1A);
executing the drilling by means of a drilling tool (Fig. 1A-1C) including at least one drill tube and a drill head connected to a distal end of the drill tube (C drill string with B drill bit at distal end, Fig. 1A-1C);
feeding the drilling tool in a drilling direction during the drilling (H traveling block hook for lifting or lowering of the drilling string C and the drill bit B during drilling operations, Fig. 1A);
feeding flushing fluid to the drill head for flushing removed rock material (pumps for circulating drilling fluid; Col. 3, lines 19-25; Col. 8, lines 55-57);
providing the ground potential via at least one drill tube (10 tubing housing is electrically connected to C drill string to serve as a ground; Col. 5, lines 10-11);
conducting the generated high voltage electrical inside the at least one drill tube by means of at least two high voltage supply conductors (102 male connector and 104 female connector, Fig. 2A and a high voltage conductor joint between the conductors (connection of 102 male connector and 104 female connector, Fig. 2A); and
allowing flow of the flushing fluid to pass the high voltage conductor joint (annulus at 120a inner surface allows fluid to circulate, Fig. 2A-B) providing the high voltage conductor joint with an elongated male element made of dielectric material (102 male connector comprising of 110 insulating material, Fig. 2A) and including a first contact surface at a first end part (112a-c electrical contacts on 110a outer surface, Fig. 2A) and
an elongated female element made of dielectric material (104 female connector comprising of 130 insulating material, Fig. 2A) and including an axial connecting space for at least partly receiving the male element (130a cavity, Fig. 2A), and wherein
a bottom of the axial connecting space is provided with a second contact surface compatible to be connected to the first contact surface (132a-c contacts 112a-c, Fig. 2a), whereby a fluid channel is formed between the elongated male element and the elongated female element (annular area between 112a-c and 132a-c and 136 port forms a fluid channel to allow fluid to escape, Fig. 2A);
using flushing fluid; and flushing opposite electrical connecting surfaces of the high voltage conductor joint by means of the flushing fluid for removing gas molecules (as 100 connector engages, any gases between contacting surfaces would be expelled through 136 port, Fig. 2A).
Cullen does not disclose: electro pulse, pulses by means of at least one pulse generator, conducting the generated high voltage electrical pulses to at least one high voltage electrode on the drill head; providing ground potential for at least one ground electrode on the drill head; breaking the rock by transmitting the high voltage electrical pulses from the high voltage electrode to the ground electrode via the rock material; generating the high voltage electrical pulses outside a drill hole to be drilled; wherein flushing is performed in a non-fluid-excluding manner such that flushing fluid is permitted to be present at the opposite electrical connecting surfaces where the male element and female are connected during transmission of the high-voltage electrical pulses.
Rodland discloses a machine for ground drilling by the utilization of an electric discharge generated by high-voltage pulses between electrodes.
Rodland teaches: electro pulse ([0017]), pulses by means of at least one pulse generator (31 pulse generator, Fig. 5A, conducting the generated high voltage electrical pulses to at least one high voltage electrode on the drill head (4 electrode of 1 drill bit, Fig. 4A and F2F); providing ground potential for at least one ground electrode on the drill head (5 electrode, Fig. 4A and F2F; [0022, 0040, 0056]; breaking the rock by transmitting the high voltage electrical pulses from the high voltage electrode to the ground electrode via the rock material ([0003, 0017]).
It would have been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention, to substitute the rotary drill bit powered by an electric motor of Cullen with the drill bit with electrodes and pulse generator of Rodland with a reasonable expectation of success because both perform the same function of creating a drilled hole in similar contexts. Such a substitution represents the use of a known element according to its established function, and the results would have been predictable. KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007).
Regarding the limitation: generating the high voltage electrical pulses outside a drill hole to be drilled. Rodland does not explicitly teach positioning a pulse generator outside the drilled hole; however, Rodland does recite the use pulse generators outside of the borehole ([0005, 0036]).
It would have been obvious to one having ordinary skill in the art, at the time the invention was made to modify Rodland’s drilling apparatus by placing the pulse generator outside the borehole. This modification would predictably result in the transmission of power to the electro pulse drilling apparatus using an external power source, rather than an integrated downhole pulse generator as instantly claimed based on choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success. KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007).
Cullen in view of Rodland does not teach: flushing is performed in a non-fluid-excluding manner such that flushing fluid is permitted to be present at the opposite electrical connecting surfaces where the male element and female are connected during transmission of the high-voltage electrical pulses.
Head discloses a wet connection system for downhole equipment comprising a dielectric fluid pathway for flushing contaminants from the conduits and encapsulating the conduits after connecting.
Head teaches: flushing is performed in a non-fluid-excluding manner such that flushing fluid is permitted to be present at the opposite electrical connecting surfaces where the male element and female are connected during transmission of the high-voltage electrical pulses (dielectric fluid used to flush containment and envelops the conductors after the connection is made; Col. 11, line 15 – Col. 12, line 17).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the electrical connection of Cullen in view of Rodland by incorporating non excluding seals and flushing channels as taught by Head with a reasonable expectation of success in order to allow the flushing fluid to surround the conductors once connected as taught by Head (Fig. 5A-5F).
Claim 11. Cullen in view of Rodland and Head teach: The method as claimed in claim 10, further comprising: arranging the high voltage conductor joint at a mechanical joint located between two successive drill tubes; and joining the high voltage conductor joint and the mechanical joint simultaneously when adding drill tubes to the drilling tool (Cullen: Fig. 2A-B, Col. 8 line 9 – Col. 10, line 2).
Claim 12. Cullen in view of Rodland and Head teach: The method as claimed in claim 10. Regarding the limitation: allowing a distance between the pulse generator and the drill head to be several meters during the drilling, Cullen in view of Rodland and Head teach does not explicitly teach positioning a pulse generator several meters from the drill head; however, Rodland does recite the use of pulse generators outside of the borehole ([0005, 0036]) which inherently allows for a range of possible distances, including several meters. Therefore, it would have been obvious to one having ordinary skill in the art, at the time the invention was made, to place the pulse generator several meters away from the drill head as instantly claimed as a matter of routine design choice or to accommodate practical considerations. Such a modification would result in predictable variation that would have yielded predictable results with a reasonable expectation of success. KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007).
Claim 13. Cullen in view of Rodland and Head teach: The method as claimed in claim 10, further comprising drilling a small diameter drill hole being one of the following: blast hole, exploration hole, rock bolt hole, injection hole (Rodland: [0001]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Daniel Craig whose telephone number is (571)270-0747. The examiner can normally be reached M-Thurs 8:00 AM to 5:00 PM CST.
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/DANIEL T CRAIG/Examiner, Art Unit 3676
/TARA SCHIMPF/Supervisory Patent Examiner, Art Unit 3676
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