DETAILED ACTION
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 1/30/2026 has been entered. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
Applicant's amendments are sufficient to overcome the prior grounds of rejection. New grounds necessitated by amendment respectfully follow.
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 & 10-16 are rejected under 35 U.S.C. 103 as being unpatentable over EP 3,190,257 (Bauer) in view of EP 0,974,729 (Pedrelli), in further view of FR 2,865,236 (Turle). Full machine translations of Bauer & Pedrelli have been previously presented. A machine translation of Turle is provided with this action. The examiner will cite to that machine translation by page, paragraph, and line as best able.
Independent claim 1. Bauer discloses a drilling tool (title, fig 2), for discontinuous earth drilling (intended use; MPEP 2111.02, subsection II; "In this in the FIGS. 3 and 4 shown second stroke position of the rotary bottom 40 is rotated by about 90° to a fixed end plate 28 at the lower end of the auger 22, so that the passages are closed in the interior of the drill pipe 30. In this closure position, the drilling apparatus 20 may be axially withdrawn from the wellbore without the risk of drilled soil material falling from the wellbore 24 back into the wellbore" - fourth ¶ of page 5), with
a ground removal means ("A lower end of a drilling device 20 according to the invention is shown in FIG. 2 shown" - second ¶ of page 5 - with "soil removal tools 48" - third ¶ of page 5) which is arranged in a lower region of the drilling tool ("lower end of a drilling device 20" - ibid) and designed for removing ground material (ibid & abstract),
a receiving space (space formed by "auger 22" and "central hollow core tube 24"… "arranged for conveying processed soil material" - fig 4 & the first ¶ of page 5. "[A]n open passage 29, through which soil material worked off by the soil removal tools 48 passes into the interior of the drill pipe 30 and over the at least one Drill spiral 24 can be conveyed upward" - third ¶ of page 5) which is designed for receiving the removed ground material above the ground removal means (ibid) on the drilling tool (fig 4),
at least one passageway ("two recesses 46 in the plate 42 form an open passage 29, through which soil material worked off by the soil removal tools 48 passes into the interior of the drill pipe 30 and over the at least one Drill spiral 24" - third ¶ of page 5) which is designed for the passage of the removed ground material from the ground removal means into the receiving space during drilling (ibid),
a closure means ("rotary bottom 40") for closing the at least one passageway ("in the first stroke position of the rotary bottom is in the drilling position with open passage and that in the second stroke position of the rotary bottom in [t]his Closure position is arranged with a closed passage" - abstract; "In this in the FIGS. 3 and 4 shown second stroke position of the rotary bottom 40 is rotated by about 90° to a fixed end plate 28 at the lower end of the auger 22, so that the passages are closed in the interior of the drill pipe 30. In this closure position, the drilling apparatus 20 may be axially withdrawn from the wellbore without the risk of drilled soil material falling from the wellbore 24 back into the wellbore" - fourth ¶ of page 5) during withdrawal of the drilling tool from the borehole (ibid) and
a connecting means (any of the clearly shown but not individually numbered connections in fig 1 between the drilling tool and rig driving equipment; a connection between the auger 22 and "first rotary drive 15" is taught: last ¶ of page 4; also the "lifting device 18" is connected to the upper end of the tool: fig 1) located in the upper region of the drilling tool (fig 1) for releasable connecting (conventional disassembly without any specific structure associated with this intended use) with a drill rod (drive shaft of "first rotary drive 15" shown in fig 1), and
a tubular central shaft ("central core tube 26" - fig 1) comprising an internal compensating channel ("an outlet opening, not shown, for a filling material is opened at the same time, wherein a line 27 in the interior of the core tube 26 filler, such as concrete can be introduced when retracting the drilling device 20 in the well" - fourth ¶ of page 5) having at least one lower channel opening communicating therewith ("an outlet opening, not shown" - ibid), the lower channel opening being opened and closed by the closure means ("rotary bottom 40" closes the lower channel opening: "In this [drilled soil material] closed position, an outlet opening, not shown, for a filling material is open at the same time, wherein via a line… filler, such as concrete can be introduced…" - fourth ¶ of page 5. While this would appear to be sufficient to say the "outlet" is "adjacent the closure means" as currently claimed, the outlet is not explicitly shown relative to "rotary bottom 40", so the secondary reference is relied upon to teach this limitation in more detail), the compensating channel extending up to at least one upper channel opening (an upper opening to line 27 is inherently necessary to flow "filler" through it) which is arranged above the receiving space (line 27 is shown in fig 4 extending uphole past the "receiving space" formed between the housing and auger flight. The upper opening of 27 is clearly above figure 4, which shows the "receiving space"),
wherein the compensating channel ("line 27") is designed for the flowthrough of a stabilizing medium in the bore hole ("filler" - fourth ¶ of page 5) between the lower region (fig 4) and the upper region of the drilling tool (above fig 4) during withdrawal and/or lowering of the drilling tool in the borehole ("an outlet opening, not shown, for a filling material is opened at the same time, wherein a line 27 in the interior of the core tube 26 filler, such as concrete can be introduced when retracting the drilling device 20 in the well" - fourth ¶ of page 5), and
wherein the compensating channel ("line 27") and the lower channel opening ("an outlet opening, not shown, for a filling material is opened at the same time, wherein a line 27 in the interior of the core tube 26 filler, such as concrete can be introduced when retracting the drilling device 20 in the well" - fourth ¶ of page 5) are separate from the passageway ("two recesses 46 in the plate 42 form an open passage 29, through which soil material worked off by the soil removal tools 48 passes into the interior of the drill pipe 30 and over the at least one Drill spiral 24" - third ¶ of page 5) and the receiving space (space formed by "auger 22" and "central hollow core tube 24"… "arranged for conveying processed soil material" - fig 4 & the first ¶ of page 5). These are separate structures.
Bauer does not explicitly disclose where the lower channel opening is located relative to the closure means (although it is expressly taught as opening and closing the lower channel opening, as cited above), and does not explicitly disclose the upper channel opening of the compensating channel.
However Pedrelli discloses an analogous auger drilling tool (figs 1 & 2; abstract) for discontinuous earth drilling (intended use as discussed for Bauer above), with
a ground removal means (the lower bit structure generally defined by cutters 13 & 20 - fig 1) which is arranged in a lower region of the drilling tool (figs 1 & 2) and designed for removing ground material (abstract),
a receiving space (Volume defined by "screw 2": " the angular openings 8 and 12 coincide and allow ground debris broken up by the members 13 to enter and rise between the turns of the screw 2" - ¶ 26) which is designed for receiving the removed ground material (ibid) above the ground removal means on the drilling tool (figs 1 & 2),
at least one passageway ("angular opening 8" - fig 1) which is designed for the passage of the removed ground material from the ground removal means into the receiving space during drilling ("In this condition, as stated, the angular openings 8 and 12 coincide and allow ground debris broken up by the members 13 to enter and rise between the turns of the screw 2" - ¶ 26),
a closure means ("rotatable body 9" with elements 10 & 11 therein, figs 1 & 2) for closing the at least one passageway ("When the desired depth of bore has been reached, a reverse rotation is imparted to the screw; the friction generated by the contact of the rotatable body 9… restrains the body 9 whilst the screw and the plate 7 rotate relative to the body 9 (anticlockwise, Figure 4) until the side 8b abuts the abutment 14. In this condition, the bottom of the screw is closed by the plate 10 which prevents the debris accumulated between turns of the screw from falling into the borehole (Figures 2 and 4)" - ¶ 27) during withdrawal to the drilling tool from the borehole (intended use; "when the desired depth of the bore has been reached - ibid; fig 2),
a tubular central shaft ("tubular core 3" - ¶ 12) comprising an internal compensating channel therethrough ("central duct 4" - ¶ 12) having at least one lower channel opening communicating therewith ("second radial opening 4b" - abstract, figs 1 & 2), the lower channel opening disposed adjacent to the closure means (4b is directly adjacent to "rotatable body 9"), the compensating channel ("central duct 4") extending up to at least one upper channel opening (upper end of 3, fig 2, or the ultimate upper end of the assembly at the surface. "Duct 4" must inherently have an upper opening for filler material to be introduced thorough it from the surface) which is arranged above the receiving space (both of the above mappings for the "upper channel opening" are above the receiving space defined by 2 in fig 2),
wherein the compensating channel ("duct 4") is designed for the flowthrough of a medium ("concrete or other mixtures to be injected into the borehole 5 formed by the device 1" - ¶ 12) between the lower region and the upper region of the drilling tool (ibid) during withdrawn and/or lowering of the drilling tool in the borehole (Intended use. The tool taught by Pedrelli is capable of injecting fluid during withdraw or lowering when the duct 4 is open; ¶ 27).
Therefore it would have been obvious to one having ordinary skill in the art at the time of filing to position the outlet / "lower channel opening" taught by Bauer adjacent the closure means taught (analogous closure means are taught by both references as cited above) as taught by Pedrelli. First, Bauer does not expressly show the outlet but expressly teaches one ("an outlet opening, not shown, for a filling material is opened at the same time, wherein a line 27 in the interior of the core tube 26 filler, such as concrete can be introduced when retracting the drilling device 20 in the well" - fourth ¶ of page 5 of Bauer), thus forcing the reader to look elsewhere for a more detailed disclosure. Pedrelli teaches a directly analogous tool and structure for the same purpose (as cited above) with the outlet at the claimed location with the predictable results and benefit of injecting fluid or cement into the newly formed borehole (¶s 12 & 27 of Pedrelli) just as in Bauer (as cited above).
Neither Bauer nor Pedrelli expressly disclose the upper opening of the compensating channel, nor its position relative to the connecting means.
However Turle discloses an auger drilling system (title, figs 1 & 2) comprising a ground removal means (bottom end of the auger: fig 1 & title) arranged in a lower region o the drilling tool (ibid) and designed for removing ground material (ibid);
a receiving space (space between the auger flights: fig 2) which is designed for receiving the removed ground material (fig 1) above the ground removal means (as defined above);
a tubular central shaft (tubular body on which the auger is secured: fig 2) comprising an internal compensating channel ("axial chamber 17" - fig 2) having a least one lower channel opening communicating therewith (necessary for the injection of "sealing material" - first ¶ of page 1), the compensating channel extending up (figs 2 & 3) to at least one upper channel opening (4, fig 2; 4A, fig 3; first ¶ of page 1; paragraph bridging pages 2 & 3) which is disposed at a radially outermost surface of the tubular central shaft (fig 3), the at least one upper channel being arranged above the receiving space (as defined above) and below the connecting means (the radial opening 4 / 4a is above the auger, and below the connecting means 19: figs 2 & 3. " The part of the coupler 3 which is connected to the shaft 5 of the hydraulic motor 6 is constituted by a sleeve 19" - lines 8 & 9 of page 3).
Therefore it would have been obvious to PHOSITA at time of filing to use the radially extending opening for the injection pathway way taught by Turle in the combination. First, as discussed above, the combination discloses injection of a filler material, but does not expressly show the injection inlet and connection structure, thus forcing the reader to look elsewhere for a more detailed disclosure. Turle discloses such details in a clearly analogous structure with a reasonable expectation of success.
2. Drilling tool according to claim 1, characterized in that the lower channel opening (Bauer: "an outlet opening, not shown, for a filling material" - fourth ¶ of page 5; Pedrelli: "second radial opening 4b") is closable by the closure means (Bauer: "rotary bottom 40" closes the lower channel opening: "In this [drilled soil material] closed position, an outlet opening, not shown, for a filling material is open at the same time, wherein via a line… filler, such as concrete can be introduced…" - fourth ¶ of page 5. Pedrelli: "rotatable body 9" with elements 10 & 11 therein, figs 1 & 2) during drilling (Bauer: "an outlet opening, not shown, for a filling material is opened at the same time" - fourth ¶ of page 5 - thus clearly teaching it was closed before. Pedrelli: "When the desired depth of bore has been reached, a reverse rotation is imparted to the screw; the friction generated by the contact of the rotatable body 9… restrains the body 9 whilst the screw and the plate 7 rotate relative to the body 9 (anticlockwise, Figure 4) until the side 8b abuts the abutment 14. In this condition, the bottom of the screw is closed by the plate 10 which prevents the debris accumulated between turns of the screw from falling into the borehole (Figures 2 and 4)" - ¶ 27) and openable during withdrawal of the drilling tool (ibid; the "lower channel opening" two the "compensating channel" is closed while drilling, and opened when the tool is withdrawn in both applications).
3. Drilling tool according to claim 1, characterized in that the closure means ("rotary bottom 40" of Bauer; "rotatable body 9", with elements 10 & 11 therein, of Pedrelli) for closing the passageway (taught by Bauer: "in the first stroke position of the rotary bottom is in the drilling position with open passage and that in the second stroke position of the rotary bottom in [t]his Closure position is arranged with a closed passage" - abstract; "In this in the FIGS. 3 and 4 shown second stroke position of the rotary bottom 40 is rotated by about 90° to a fixed end plate 28 at the lower end of the auger 22, so that the passages are closed in the interior of the drill pipe 30. In this closure position, the drilling apparatus 20 may be axially withdrawn from the wellbore without the risk of drilled soil material falling from the wellbore 24 back into the wellbore" - fourth ¶ of page 5) to the receiving space is also designed for closing/opening the lower channel opening ("an outlet opening, not shown, for a filling material is opened at the same time, wherein a line 27 in the interior of the core tube 26 filler, such as concrete can be introduced when retracting the drilling device 20 in the well" - fourth ¶ of page 5 of Bauer; ¶ 27 of Pedrelli).
4. Drilling tool according to claim 1, characterized in that the closure means ("rotary bottom 40" of Bauer) has a closure element ("a rotary bottom 40, which consists essentially of a rotatably mounted plate 42 with two lateral, opposite V-shaped recesses 46" - third ¶ of page 5 of Bauer) which is adjustable between a closure position, in which the passageway to the receiving space is closed by the closure element ("FIGS. 3 and 4 shown second stroke position of the rotary bottom 40 is rotated by about 90 ° to a fixed end plate 28 at the lower end of the auger 22, so that the passages are closed in the interior of the drill pipe 30" - fourth ¶ of page 5), and a drilling position, in which the passageway is open for the passage of ground material into the receiving space during drilling ("In the illustrated first stroke position, the two recesses 46 in the plate 42 form an open passage 29, through which soil material worked off by the soil removal tools 48 passes into the interior of the drill pipe 30 and over the at least one Drill spiral 24 can be conveyed upward" - third ¶ of page 5).
5. Drilling tool according to claim 4, characterized in that in the drilling position of the closure element the lower channel opening is closed and in that in the closure position of the closure element the lower channel opening is open (the lower channel opening is closed in the drilling position in both references: "an outlet opening, not shown, for a filling material is opened at the same time [the closure element is shifted to the closure position], wherein a line 27 in the interior of the core tube 26 filler, such as concrete can be introduced when retracting the drilling device 20 in the well" - fourth ¶ of page 5 of Bauer; figs 1 & 2 and ¶ 27 of Pedrelli).
6. Drilling tool according to claim 4, characterized in that the closure element ("a rotary bottom 40, which consists essentially of a rotatably mounted plate 42 with two lateral, opposite V-shaped recesses 46" - third ¶ of page 5 of Bauer) is designed as a rotary bottom (ibid) which can be rotated between the closure position and the drilling position (third ¶ of page 5 of Bauer. The same is true of Pedrelli: transition between figs 1 & 2 and ¶s 26 & 27).
10. Drilling tool according claim 1, characterized in that the drilling tool is designed as a drilling auger with at least one auger flight which is arranged helically around the central shaft (Bauer: fig 1. Pedrelli: figs 1 & 2).
11. Drilling apparatus, to which a drilling tool (10) according to claim 1 is mounted (Bauer: fig 1. Pedrelli does not explicitly disclose a surface rig, but surface support and drive are inherently necessary in some generalized form, as PHOSITA would readily understand and appreciate).
12. Method for producing a bore in the ground by discontinuous drilling (both references teach drilling, stopping drilling, reversing rotation to close the auger, and retract the tool, as cited above. In other words, the drilling is not continuous over the operation of both of the tools; i.e. "discontinuous"), the method comprising:
providing a drilling tool according to claim 1 (as cited for claim 1 above); and
drilling to fill the receiving space with the removed ground material (Bauer: "two recesses 46 in the plate 42 form an open passage 29, through which soil material worked off by the soil removal tools 48 passes into the interior of the drill pipe 30 and over the at least one Drill spiral 24" - third ¶ of page 5. Pedrelli: "In this condition, as stated, the angular openings 8 and 12 coincide and allow ground debris broken up by the members 13 to enter and rise between the turns of the screw 2" - ¶ 26).
13. Method according to claim 12, comprising: when removing the ground material during drilling, opening the passageway to the receiving space (Bauer: "two recesses 46 in the plate 42 form an open passage 29, through which soil material worked off by the soil removal tools 48 passes into the interior of the drill pipe 30 and over the at least one Drill spiral 24" - third ¶ of page 5. Pedrelli: "In this condition, as stated, the angular openings 8 and 12 coincide and allow ground debris broken up by the members 13 to enter and rise between the turns of the screw 2" - ¶ 26) and closing the lower channel opening (the lower channel opening is closed in the drilling position in both references: "an outlet opening, not shown, for a filling material is opened at the same time [the closure element is shifted to the closure position], wherein a line 27 in the interior of the core tube 26 filler, such as concrete can be introduced when retracting the drilling device 20 in the well" - fourth ¶ of page 5 of Bauer; figs 1 & 2 and ¶ 27 of Pedrelli).
14. Method according to claim 12, comprising: when withdrawing the drilling tool, closing the passageway to the receiving space and opening the lower channel opening ("In this in the FIGS. 3 and 4 shown second stroke position of the rotary bottom 40 is rotated by about 90 ° to a fixed end plate 28 at the lower end of the auger 22, so that the passages are closed in the interior of the drill pipe 30. In this closure position, the drilling apparatus 20 may be axially withdrawn from the wellbore without the risk of drilled soil material falling from the wellbore 24 back into the wellbore. In this closure position, an outlet opening, not shown, for a filling material is opened at the same time, wherein via a line 27 in the interior of the core tube 26 filler, such as concrete, can be introduced when retracting the drilling device 20 in the well." - fourth ¶ of page 5 of Bauer. Similar for Pedrelli: ¶s 26 & 27).
15. Method according to claim 12, comprising: when lowering the drilling tool (10) into the borehole, opening the compensating channel (First, the top of the "compensating channel" - as defined above - is always open. Both references only teach closing the bottom, and there is no mechanism disclosed for closing the upper end of either 27 of Bauer nor the upper end of 4 of Pedrelli. Further, the upper end of 4 in fig 2 of Pedrelli is also always open. An additional pipe joint on top of fig 2 does not negate or change this. The claim is not directed to the "lower channel opening", or requires that the "compensating channel" conveys a medium during this step).
16. The combination as modified above discloses all the limitation of parent claim 1, but does not, as-modified disclose those of the present. However Turle further discloses that the connecting means ("coupler 3" - first ¶ of page 1) has a receiving sleeve ("sleeve 19" - lines 8 & 9 of page 3) into which a connecting pin of a drill rod is insertable ("shaft 5" - fig 2 & the ¶ bridging pages 2 & 3).
Therefore it would have been obvious to PHOSITA at the time of filing to use the connecting means taught by Turle in the combination. Bauer discloses a generalized "connecting means" in fig 1, but without sufficient details, thus forcing the reader to look elsewhere for a more detailed disclosure for actual construction. Turle teaches such details in a clearly analogous tool and the rotating nature of the connecting means of Turle allows for it to be connected to the filler injection means (¶ bridging pages 2 & 3 of Turle).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over the combination of EP 3,190,257 (Bauer), EP 0,974,729 (Pedrelli), & FR 2,865,236 (Turle), in further view of FR 2,466,604 (Yamada). A machine translation copy of Yamada has been previously presented.
7. The combination discloses all the limitations of the parent claim but does not expressly disclose those of the present. However Yamada discloses an analogous auger drilling tool (abstract; figs 1, 3, and 5A-6E) with receiving space for receiving removed ground material (space between auger flight 38 and tubular casing 14), where the tubular central shaft ("hollow shaft 37" - sixth paragraph of page 4) has a compensating channel therethrough ("hollow shaft" also clearly shown in fig 3), and where in an upper region of the receiving space (space between the auger and casing shown in fig 3) a cover plate ("drive mechanism 15" and the various "plates" therein clearly "cover" the space shown in fig 3), is arranged which closes off the receiving space in the upward direction (fig 3) and separates it from the upper channel opening (upper end generally defined by "rotary joint 42") to the channel through the central shaft ("The upper end of the first drive shaft 28 is connected to a flexible pipe 41 by a rotary joint 42. The pipe 41 thus communicates with the main shaft 37 of the drilling screw, via the first shaft. drive 28 and the removable intermediate shaft 39. As already indicated, the aforementioned shafts are hollow, and it is thus possible to bring by the pipe 41 any suitable fluid, to pass the shaft 37 of the drilling screw the fluid which emerges therefrom through an orifice (not shown), provided for this purpose at the lower end of the shaft 37." - seventh ¶ of page 4).
Therefore it would have been obvious to one having ordinary skill in the art at the time of filing to use the cover plate and fluid circulation connection taught by Yamada in the combination. The combination only shows this structure at a high level of generality in fig 1 of Bauer, thus forcing the reader to look elsewhere for a more detailed disclosure. Yamada teaches how to fluidly connect to the hollow shaft of an auger drilling assembly so as to circulate / inject fluid, and how it is isolated from the soil receiving space lacking in the combination.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over the combination of EP 3,190,257 (Bauer), EP 0,974,729 (Pedrelli), & FR 2,865,236 (Turle), in further view of US 2020/0318450 (Braun).
8. The combination discloses all the limitations of the parent claim but does not expressly disclose a kelly-type connection for the connecting means. However the examiner first notes that this is a well understood term-of-art, and equally well known for use in the art, shown by the term-of-art, acknowledged by Applicant ("a known manner as a Kelly connection" - ¶ 42 of the present pre-grant publication), and further shown by Braun which teaches a boring tool (abstract) with a ground removal means ("a plate-shaped bottom 30, on which a cutting means 40 for removing ground material is arranged" - ¶ 26) conveying removed ground material to a receiving space (""the passage of removed ground material into an internal space 11" - ¶ 26) with a connecting means located in the upper region of the drilling tool for releasably connecting with a drill rod ("connecting means 12 for a drill bar" - ¶ 26) comprising a Kelly connection ("The drill bar can be a simple drill bar or a telescopic drill rod, a so-called Kelly bar" - ¶18).
Therefore it would have been obvious to one having ordinary skill in the art at the time of filing to use the kelly connection taught by Braun as the connecting means for the combination. As discussed above, and confirmed by Braun, this is a conventional and well understood connecting means (¶ 18) with well known benefits thereof including allowing rotation to be imparted to the kelly bar and then to the drilling tool while still allowing axial / telescopic type movement as the drilling tool extends the borehole and moves downwardly.
Conclusion
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/BLAKE MICHENER/
Primary Examiner, Art Unit 3676