DETAILED ACTION
Specification
The disclosure (specification) is objected to because paragraph [0069] appears to contain an administrative error. Going forward with examination, the paragraphs are interpreted to be:
--[0069] The circles represent the flexible joints, the bars being the rigid parts. The application of an axial compression/extension input (horizontal arrows outside the device) at the anchoring points P1, P1', generates a transverse deformation at the output proportional to the input deformation, but amplified (vertical arrows).--
Appropriate correction is required.
Claim Objections
Claims 1 and 14 are objected to because of antecedent errors. Going forward with examination, the claims are interpreted to be:
--1. A measuring device for measuring deformations suitable for being arranged in a borehole the device comprising:
a hollow elastic shell having a diameter compatible with the borehole;
a system for pressurizing the hollow elastic shell; and
uniaxial sensors arranged within the hollow elastic shell to measure
--14. A method for measuring deformations at a borehole, comprising:
providing a measuring device including:
a hollow elastic shell having a diameter compatible with the borehole;
a system for pressurizing the hollow elastic shell; and
uniaxial sensors arranged within the hollow elastic shell to measure
pressurizing the hollow elastic shell; and
measuring variations of elongations of each of the uniaxial sensors of the measuring device relative to a reference elongation measured during a calibration step.--
Appropriate correction is required.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1 and 13-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hearn et al. (US 4,899,320; hereinafter “Hearn”).
Hearn teaches:
1. A measuring device (10) for measuring deformations suitable for being arranged in a borehole (12), the device comprising (See figs. 1-4, reproduced below):
a hollow elastic shell (= packer 26) having a diameter compatible with the borehole (12);
a system (comprising a hydraulic reservoir 22 and a high pressure pump 24) for pressurizing the hollow elastic shell 26 (See Col. 1, lines 49-62; Col. 2, line 41 – Col. 3, line 20); and
uniaxial sensors (comprising transducers 50) arranged within the hollow elastic shell (26) to measure elongation of the hollow elastic shell (26) in at least six different directions (e.g., in 8 different directions, as shown in fig. 3. See Col. 1, lines 49-62; Col. 2, line 41 – Col. 3, line 20).
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13. A drilling rig comprising a measuring device (10) according to claim 1 (as shown at least in fig. 2).
14 (essentially equivalent to claim 1).
A method for measuring deformations at a borehole (12), comprising:
providing a measuring device (10) including:
a hollow elastic shell (= packer 26) having a diameter compatible with the borehole (12);
a system (comprising a hydraulic reservoir 22 and a high pressure pump 24) for pressurizing the hollow elastic shell (26); and
uniaxial sensors (50) arranged within the hollow elastic shell (26) to measure elongation of the hollow elastic shell (26) in at least six different directions (e.g., in 8 different directions, as shown in fig. 3. See Col. 1, lines 49-62; Col. 2, line 41 – Col. 3, line 20);
pressurizing the hollow elastic shell 26 (See Col. 1, lines 49-62; Col. 2, line 41 – Col. 3, line 20); and
measuring variations of elongations (26’) of each of the uniaxial sensors (50) of the measuring device (10) relative to a reference elongation 26 (of zero elongation for example) measured during a calibration step (inherently, as shown in figs. 5, 6, reproduced below, and as described in related paragraphs in Hearn).
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15. The deformation measurement method of claim 14, further comprising calibrating the measuring device (10) to measure the reference elongation for each of the uniaxial sensors 50 (Note that, as shown in figs. 5 and 6, this step is inherent to “zero” initial measurements that reflect the reference elongation of zero for each of the uniaxial sensors 50).
16. The method of claim 14, further comprising determining an evolution of mechanical properties at the borehole (12) by measuring a variation of elongations (26’) of each of the uniaxial sensors (50) and then comparing with an isotropy (26), after incrementally changing a pressure inside the hollow elastic shell (26) of the measuring device (10) by using the system (22-24) for pressurizing the hollow elastic shell 26 (as illustrated in fig. 5 above and as described in, e.g., Col. 3, lines 20-47).
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 2-7 and 17-19 are rejected under 35 U.S.C. 103 as being unpatentable over Hearn.
2. Hearn teaches the measuring device of claim 1, but is silent about: wherein ends (54) of the uniaxial sensors (50) are anchored in the hollow elastic shell (26).
Hearn teaches the ends (54) of the uniaxial sensors (50) are always urged by compression springs (58) against the hollow elastic shell (26) so as to measure elongation of the hollow elastic shell 26 (See Col. 1, lines 49-62; Col. 2, line 41 – Col. 3, line 20). It appears that the ends (54) always contact the hollow elastic shell (26), and the measuring device (10) works with the ends (54) always contacting the hollow elastic shell (26).
It would have been obvious to one ordinarily skilled in the art before the effective filing date of the present application to have the ends (54) anchored to the hollow elastic shell (26) so as to measure elongation of the hollow elastic shell 26, since it appears that the ends (54) are always contacting the hollow elastic shell (26), and the measuring device works with the ends (54) always contacting the hollow elastic shell (26), regardless of whether the compression springs (58) or some anchoring devices are used.
3. Hearn as modified teaches the measuring device of claim 2, but is silent about: wherein the hollow elastic shell (26) is spherical in shape.
However, it has been held that changing size or shape of a known structure is obvious variation, thus uninventive and unpatentable. In re Rose, 220 F.2d 459, 463, 105 USPQ 237, 240 (CCPA 1955). In the present case, it appears that the hollow elastic shell (26) may be tubular in shape or spherical in shape without affecting any function of the device (10) to measure elongation of the hollow elastic shell (26) in the at least six different directions.
It would have been obvious to one ordinarily skilled in the art before the effective filing date of the present application to have the hollow elastic shell (26) be tubular in shape or spherical in shape (as claimed) without affecting any function of the device (10), so as to measure elongation of the hollow elastic shell (26) in the at least six different directions.
4. Hearn as modified teaches the measuring device of claim 1, but is silent about: wherein the hollow elastic shell (26) has homogeneous elastic properties and a moderate coefficient of thermal expansion.
Similar to the discussion above in claim 3, it appears that the hollow elastic shell (26) may have homogeneous elastic properties and a moderate coefficient of thermal expansion without affecting any function of the device (10) to measure elongation of the hollow elastic shell (26) in the at least six different directions.
It would have been obvious to one ordinarily skilled in the art before the effective filing date of the present application to have the hollow elastic shell (26) have homogeneous elastic properties and a moderate coefficient of thermal expansion without affecting any function of the device, so as to measure elongation of the hollow elastic shell (26) in the at least six different directions.
5. Hearn as modified teaches the measuring device of claim 4, but is silent about: wherein the hollow elastic shell comprises fiber-reinforced concrete or polycarbonate.
Similar to the discussions above, it appears that the hollow elastic shell (26) may comprise fiber-reinforced concrete or polycarbonate without affecting any function of the device (10) to measure elongation of the hollow elastic shell (26) in the at least six different directions.
It would have been obvious to one ordinarily skilled in the art before the effective filing date of the present application to have the hollow elastic shell (26) comprise fiber-reinforced concrete or polycarbonate without affecting any function of the device (10), so as to measure elongation of the hollow elastic shell (26) in the at least six different directions.
6. Hearn as modified teaches the measuring device of claim 1, but is silent about: wherein the hollow elastic shell comprises a monolithic material.
Similar to the discussions above, it appears that the hollow elastic shell (26) may comprise a monolithic material without affecting any function of the device (10) to measure elongation of the hollow elastic shell (26) in the at least six different directions.
It would have been obvious to one ordinarily skilled in the art before the effective filing date of the present application to have the hollow elastic shell (26) comprise a monolithic material without affecting any function of the device (10), so as to measure elongation of the hollow elastic shell (26) in the at least six different directions.
7. Hearn as modified teaches the measuring device of claim 1, but is silent about: wherein the pressurizing system (22-24) for pressurizing the hollow elastic shell (26) comprises a tube extending from the surface of the borehole (12) outside the hollow elastic shell (26) to the interior of the hollow elastic shell (26).
Similar to the discussions above, it appears that the pressurizing system (22-24) for pressurizing the hollow elastic shell (26) may be placed on a surface of the borehole (12) and comprise a tube extending from the surface of the borehole (12) outside the hollow elastic shell (26) to the interior of the hollow elastic shell (26) for pressurizing the hollow elastic shell (26) without affecting any function of the device (10) to measure elongation of the hollow elastic shell (26) in the at least six different directions (See In re Japikse, 181 F.2d 1019, 1023, 86 USPQ 70, 73 (CCPA 19500: Shifting location of parts being obvious).
It would have been obvious to one ordinarily skilled in the art before the effective filing date of the present application to have the pressurizing system (22-24) for pressurizing the hollow elastic shell (26) placed on a surface of the borehole (12) and comprise a tube extending from the surface of the borehole (12) outside the hollow elastic shell (26) to the interior of the hollow elastic shell (26) for pressurizing the hollow elastic shell (26) without affecting any function of the device (10), so as to measure elongation of the hollow elastic shell (26) in the at least six different directions.
17-19. Hearn as modified teaches the measuring device of claim 1, but is silent about: wherein the hollow elastic shell is spherical in shape (as recited in claim 17), has a coefficient of thermal expansion of less than 10⁻5 C°-1 (as recited in claim 18), and/or comprises a monolithic material (as recited in claim 19).
Similar to the discussions above, it appears that the hollow elastic shell (26) may be spherical in shape, have a coefficient of thermal expansion of less than 10⁻5 C°-1, and/or comprise a monolithic material without affecting any function of the device (10) to measure elongation of the hollow elastic shell (26) in the at least six different directions.
Therefore, it would have been obvious to one ordinarily skilled in the art before the effective filing date of the present application to have the hollow elastic shell (26) be spherical in shape, have a coefficient of thermal expansion of less than 10⁻5 C°-1, and/or comprise a monolithic material without affecting any function of the device (10), so as to measure elongation of the hollow elastic shell (26) in the at least six different directions.
Allowable Subject Matter
Claims 8-12 and 20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. The following is a statement for indication of an allowable subject matter:
With respect to claim 8, prior art of record doesn’t teach, suggest, or render obvious the total combination of the recited features, including the following allowable subject matter: “wherein the uniaxial sensors comprise displacement amplifiers, two opposite vertices of each of which are located on a major axis of a parallelogram and are attached to the hollow elastic shell.”
With respect to claim 9, prior art of record doesn’t teach, suggest, or render obvious the total combination of the recited features, including the following allowable subject matter: “wherein the uniaxial sensors are parallel to the edges of a regular tetrahedron.”
With respect to claim 10, prior art of record doesn’t teach, suggest, or render obvious the total combination of the recited features, including the following allowable subject matter: “a contactless measuring device arranged to measure a refractive index of an environment.”
(Claims 11-12 are dependent on claim 10.)
With respect to claim 20, prior art of record doesn’t teach, suggest, or render obvious the total combination of the recited features, including the following allowable subject matter: “wherein the uniaxial sensors comprise displacement amplifiers, two opposite vertices of each of which are located on a major axis of a parallelogram and are attached to the hollow elastic shell.”
Conclusion
The prior art made of record below and not relied upon is considered pertinent to applicant’s disclosure/invention.
US 5,629,757 to Sakata (which is a PCT “X, D1” reference listed in an IDS filed on 12/28/2023) and US 2013/0255394 A1 to Ishii et al. (which is a PCT “X, D2” reference listed in the same IDS) disclose a device/method for measuring deformations suitable for being arranged in a borehole. The two references, however, fail to teach or suggest at least a system for pressurizing a hollow elastic shell (and for operating the device/method).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Nguyen (Wyn) Q. Ha whose telephone number is (571) 272-2863, email nguyenq.ha@uspto.gov. The examiner can normally be reached Monday - Friday 8 am - 4:30 pm (Eastern Time).
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/Nguyen Q. Ha/Primary Examiner, Art Unit 2853 December 23, 2025