DETAILED ACTION
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 § 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.
Claim(s) 49 is/are rejected under 35 U.S.C. 103 as being unpatentable over WO 2007137356 to Beach et al in view of Hejleh et al. 20180363398 .
Referring to claim 49, Beach discloses a method of marking a core sample to indicate orientation of the core sample in situ, prior to or immediately after being broken from bedrock, the core sample (16) carried by a core tube (14) and defining a longitudinal axis between opposed ends, the method including: operating a downhole tool (electronic orientation device) associated with the core tube to record data relating to the orientation of the core sample in situ, prior to or immediately after being broken from bedrock; operating a marking guide device (18) to communicate with the downhole tool to receive data, wherein responsive to receiving the data, a processor (22)of the marking guide device determines a marking position relative to the longitudinal axis ( see page 12, lines 1-20) ; positioning the marking guide device (18) relative to the core sample or the core tube; causing relative rotation of at least a portion of the marking guide device and the core sample to prompt a user interface of the marking guide device to convey feedback to direct the relative rotation so that the at least a portion of the device aligns with the marking position (see page 12, lines 7-21, element 18 can rotate about core tube and as it is rotated feedback is displayed to direct the rotation until aligned); and operating a marking implement at or adjacent a marking surface of the marking guide device to mark the core sample at the marking position (see claim 6). Beach discloses the marking guide includes electronics module (page 9, lines 1-9). Hejleh teaches having a housing over electronics (see pargraph 0274). Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date to modify the method disclosed by Beach to have the marking guide device carried by a housing in view of the teachings of Hejleh with a reasonable expectation of success in order to protect the electronic module.
Allowable Subject Matter
Claims 1-4,6,8,11,14,16,18,20, 21,23,24,26,29,31-33,35,37,40,41 are allowed.
See previous office action filed 8/26/25 for reasons for allowance.
Response to Arguments
Applicant's arguments filed 11/26/25 have been fully considered but they are not persuasive. The applicant argues that amendment to claim 49 of saying the marking guide device is carried by the housing infers that the processor and user interface are also carried by the housing. The examiner respectfully disagrees. First, the claims recites “a processor of the marking guide device” and “a user interface of the marking guide device”. As broadly claimed, the processor and user interface do not have to be positioned in the same housing as the marking guide device to be used by the marking guide device.
Conclusion
Applicant's amendment 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GIOVANNA WRIGHT whose telephone number is (571)272-7027. The examiner can normally be reached M-F 8 am- 5 pm.
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/Giovanna Wright/ Primary Examiner, Art Unit 3672