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 .
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 20 is rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Claim 20 recites “the rodder reel”, but there is no antecedent basis for this limitation in claim 20 or any claim from which it depends. See MPEP 2173.05(e).
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 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 1-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Moeny (US 20160017663) “Moeny”.
Regarding claims 1-15, Moeny discloses an installation apparatus (Fig. 45; 25) for a measurement tool ([0025]) in an underground mine (Fig. 44; 24) with overhead drill holes (Figs. 44 and 45), the installation apparatus comprising: a support (Fig. 45; 25) that can be removably secured to ground (Fig. 45) of the mine, and an installation conduit (Fig. 46; 33) that can be removably coupled to the support and, the installation conduit having a top opening (Fig. 41; 15) configured to at least partially insert into an overhead drill hole (Figs. 44 and 45), the installation conduit configured to be supported in position by the support and configured to deploy a survey and/or geophysical tool ([0025]) through the installation conduit and into the overhead drill hole, the installation apparatus further comprising a measurement tool support (Fig. 45; 25) positionable below a bottom opening of the installation conduit to support the measurement tool and/or peripheral components before and/or after deployment, wherein the overhead drill hole is: up to or about 50m in length, or up to or about 40m, or up to or about 30m in length and/or at least about 50mm or up to or about 25cm in diameter ([0215]), wherein the measurement tool support (Fig. 45; 26) comprises a base and/or connector (Fig. 45; 26) to support the tool, wherein the base comprises an aperture configured to allow a portion of the measurement tool, or a connector and/or cable (Fig. 46; 34) attached to the measurement tool, to protrude therethrough when the measurement tool sits on the base, wherein the conduit comprises a viewing and/or communication region (‘DAC’ and ([0369]) to assess the measurement tool, wherein the support and/or conduit are extendible and/or collapsible in the longitudinal direction, preferably telescopically (Fig. 44 and 45; 25), wherein the support is a pole (Fig. 44 and 45; 25), wherein the pole is: a single pole, or a pole with plural sections, optionally with a gap (Fig. 44 and 45; 25), pole has a retainer for securing the support ground (Fig. 44 and 45; see base of 25), wherein the measurement tool is one or more of a survey tool, such as a gyro a geological data collecting tool to collect geophysical, petrophysical, mineralogical, compositional data and/or hole geometry data ([0025] and [0338]), wherein the conduit comprises one or more support pole attachments (Fig. 44) configure to removably couple to the support (Fig. 44 and 45; 25), wherein the support pole attachments comprise annular collars (Fig. 45; 25 and casing), wherein the installation conduit and/or the support comprise a position adjuster configured to slidably adjust the position (Fig. 43 and Fig. 45; “jackleg support”), wherein the support can be removably secured to the ceiling and/or wall of the mine (Fig. 43 and Fig. 45).
Regarding claims 16-18, Moeny discloses a method of installing a measurement tool in an underground mine (Fig. 43) with overhead drill holes (Fig. 43) into a formation comprising, in any order: attaching an installation conduit (Fig. 46; 33) to a support (25), the support removably securable to the ground (Fig. 45) of the mine, aligning a top opening (Fig. 41; 15) of the installation conduit in position with the support (Fig. 45; 25) secured to the ground, feeding the measurement tool ([0025]) through the installation conduit to deploy the measurement tool in the drill hole, further comprising determining if the measurement tool ([0025]) is approaching the overhead drill hole and/or is correctly placed ([0317]), comprising retaining the measurement tool and/or peripheral components in a tool support (Fig. 45; 25).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 19 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Moeny and Babb et al. (US 20110108654) “Babb”.
Regarding claims 19-20, Moeny discloses a system to survey overhead drill holes in a mine (Fig. 43) comprising: an installation apparatus (Fig. 45; 25) according to claim 1, and measurement tool ([0025]).
Moeny does not disclose a cable reel with cable, wherein the rodder reel comprises a base that supports a cable reel, at least one wheel and a handle for maneuvering the rodder reel.
Babb teaches a cable reel (12) with cable (22) wherein the rodder reel comprises a base (28) that supports a cable reel (12), at least one wheel (40) and a handle (34) for maneuvering the rodder reel.
It would have been obvious to one of ordinary skill in the art before the effective filing date to use Babb’s cable reel in Moeny’s measurement tool to survey overhead drill holes in a mine, allowing the user to more easily transport Moeny’s measurement tool while in the mine.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANNA JOSEPHINE SAUNDERS whose telephone number is (571)272-6528. The examiner can normally be reached 7:30-5:00 EST.
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/ANNA JOSEPHINE SAUNDERS/Examiner, Art Unit 2855
/PETER J MACCHIAROLO/Supervisory Patent Examiner, Art Unit 2855