DETAILED ACTION
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 1-11, 14 and 15 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.
The 01/02/2026 amendment to line 4 of claim 1, a monitoring device and (b) at a location in a borehole so that it is exposed to the explosive material in the borehole”, being unclear.
In claim 1, lines 14-15, the scope of the limitation, “and (b) at a location in a borehole so that it is exposed to the explosive material in the borehole”, is unclear. It is unclear whether the applicant intends this newly introduced patentably distinct alternate embodiment of location (b) of the monitoring device to encompass a location inside a detonator or proximal to a detonator of the blasting system such that it is in a location subject to be damaged to destroyed by the adverse effects of the blast.
In new claim 15, lines 1-3, the limitation, “wherein the monitoring device is positioned at a location which is displaced from the detonators so that the monitoring device is not exposed to the adverse effects of blasting”, does not appear to further limit location (a) of claim 1, lines 11-13, and should be canceled or potentially amended.
Allowable Subject Matter
The following is a statement of reasons for the indication of allowable subject matter: in claim 1, the feature of the monitoring device being positioned at a location which is displaced from the detonators so that the monitoring device which is reusable is not exposed to adverse effects of blasting, in combination with the other features recited in independent claim 1.
Claim 1 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Conclusion
Applicant's amendment filed 01/02/2026 necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/JAMES S BERGIN/Primary Examiner, Art Unit 3641