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 § 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 2, 11-20 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.
Regarding claims 2, 11-20, include, or depend from claims that include, the phrase "such as"; “for example”; or “e.g.” which renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention.
See MPEP § 2173.05(d).
Claims 11-16 include, or depend from claims that include, the limitation(s): "a length of the drill space”. It is unclear what the length of the drill space is. It is unclear if the length of the drill space is the length of the housing or if the length of the drill space referenced in the claim is an arbitrary length inside the housing.
Claim 19 includes the limitation(s): “wherein a length of the drill string prior to drilling is the full expected length of the borehole to be drilled in the ground.” The limitation directed toward the operator’s expectation or intent is indefinite. It is unclear if the string needs to be the exact length of the borehole as stated, requiring the string to be exactly flush with the surface of the earth when drilling is stopped, otherwise the borehole will be to longer/shorter than the expected length, whether the string length includes the bit. Additionally, it is unclear if “the full expected length” includes strings capable of meeting the length but include string that is not needed (e.g. if the expected borehole length is 70 feet and the operator uses a string that is 100 feet long).
It is also unclear whose expectation the claim relies upon or if an operator performing the method, who makes a mistake, infringes on the method. For example, it is unclear if the claim as written would read on driller who incorrectly expects the borehole length to be 70 feet and uses a 100-foot string and begins drilling. After drilling begins the operator reviews the well plan and realizes the engineer designed the well plan to call for a 100-foot borehole, then the driller continues to drill to 100 feet.
Clarification and/or correction are required. No new matter may be entered. The claims will be read and examined as best understood.
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.
Claim(s) 1, 3-7, 9, 18 is/are, as best understood, rejected under 35 U.S.C. 102(a)(1) as being anticipated by Eriksen (US 20220154537).
Regarding claim 1, Eriksen teaches: A directional drilling device for installing underground cables or tubes, comprising:
a housing (Eriksen comprising 44) having a drill space extending between two openings (21, 22) in sides of the housing for accommodating a drill string (Eriksen 58 comprising 42) through the two openings, and
defining a longitudinal drill axis (Eriksen near 58); and
a drive mechanism (Eriksen comprising 50, 60) arranged in the housing for engagement with the drill string configured to (Eriksen [0071-0072, 0082-0095]) move the drill string in a drilling direction along the longitudinal drill axis and configured to (Eriksen [0071-0072, 0082-0095]) selectively rotate the drill string about the longitudinal drill axis to perform directional drilling;
wherein the drive mechanism comprises a first clamping device (Eriksen one of 50a-e, 60a, 60b) for clamping the drill string;
wherein the drive mechanism further comprises a second clamping device (Eriksen another of 50a-e, 60a, 60b) for clamping the drill string;
wherein the first clamping device and the second clamping device are each configured to (Eriksen [0019, 0029, 0071, 0076, 0082-0086]) be arranged in a clamping state, in which the drill string is clamped by the respective clamping device, and in a release state, in which the drill string is movable with respect to the respective clamping device,
wherein the drive mechanism is configured to (Eriksen [0071-0072, 0082-0095]) move the clamping devices back and forth along the longitudinal drill axis, and wherein the directional drilling device comprises a control device (Eriksen [0028]) operatively connected to the drive mechanism and the clamping devices for alternating movement of the clamping devices and for switching the clamping devices between the clamping state and the release state to perform directional drilling.
Regarding claim 3, Eriksen teaches: The directional drilling device according to claim 1, wherein the control device is configured to (Eriksen [0071-0085]) alternatingly move the first clamping device and the second clamping device in the drilling direction in the clamping state.
Regarding claim 4, Eriksen teaches: The directional drilling device according to claim 1, wherein the control device is configured to (Eriksen [0071-0095]) selectively move the first clamping device and the second clamping simultaneously in the drilling direction in the clamping state.
Regarding claim 5, Eriksen teaches: The directional drilling device according to claim 1, wherein a rotation speed (Eriksen [0095]) with which the drive mechanism rotates the drill string about the longitudinal drill axis is adjustable.
Regarding claim 6, Eriksen teaches: The directional drilling device according to claim 1, wherein the drive mechanism comprises a rotational motor to rotate (Eriksen [0095]) the first clamping device and the second clamping device, wherein the rotational motor is configured: to rotate the first clamping device in the clamped state about the drill axis while simultaneously rotating the second clamping device and vice versa, or to rotate the first clamping device in the clamped state about the drill axis without rotating the second clamping device and vice versa.
Regarding claim 7, Eriksen teaches: The directional drilling device according to claim 6, wherein the drive mechanism comprises a longitudinal actuator attached (Eriksen [0072]) to the clamping devices and configured to move the clamping devices along the longitudinal drill axis, wherein the rotational motor is configured to rotate the longitudinal actuator with the clamping devices.
Regarding claim 9, Eriksen teaches: The directional drilling device according to claim 1, further comprising a bearing (Eriksen [0038]) configured to align the drill string with the drill axis, wherein the bearing is provided with fluid channels for distributing fluid to the drive mechanism, wherein the fluid channels comprise a stationary port and a rotating port that is rotating with the drill string.
Regarding claim 18, Eriksen teaches: The method according to claim 17, wherein a length (Eriksen Fig. 4-5) of the drill string prior to drilling is larger than a length of the directional drilling device.
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) 10 is/are, as best understood, rejected under 35 U.S.C. 103 as being unpatentable over Eriksen in view of Cherrington (US 20130028664).
Regarding claim 10, Eriksen teaches: The directional drilling device according to claim 1, but does not expressly state: further comprising an extension piece associated with the housing and configured to be arranged in a guiding position to guide a portion of the drill string that protrudes outside the housing through one of the two openings, to avoid bending of the drill string portion away from the longitudinal drill axis.
Cherrington teaches attaching an extension piece comprising guiding rollers (Cherrington 57) that protrudes outside the housing configured to guide the string.
It would have been considered obvious to one of ordinary skill in the art, before the effective filing date (AIA ) or at the time the invention was made (Pre-AIA ), to have modified Eriksen to include an extension comprising guides in order to stabilize and orient the pipe as it heads into the borehole. Cherrington [0068].
Claim(s) 1 is/are, as best understood, rejected under 35 U.S.C. 103 as being unpatentable over Cutler (US 20220154537) in view of Wentworth (US 20060193697).
Regarding claim 1, Cutler teaches: A directional drilling device for installing underground cables or tubes, comprising:
a frame (Cutler comprising 70) having a drill space extending between two ends (21, 22) for accommodating a drill string (Cutler comprising 32) through the two openings, and
defining a longitudinal drill axis (Cutler near 32); and
a drive mechanism (Cutler comprising 130) arranged in the frame for engagement with the drill string configured to (Cutler [0092-0103]) move the drill string in a drilling direction along the longitudinal drill axis and configured to (Cutler 0092-0103]) selectively rotate the drill string about the longitudinal drill axis to perform directional drilling;
wherein the drive mechanism comprises a first clamping device (Cutler one of 132/134) for clamping the drill string;
wherein the drive mechanism further comprises a second clamping device (Cutler other of 132/134) for clamping the drill string;
wherein the first clamping device and the second clamping device are each configured to (Cutler [0092-0103]) be arranged in a clamping state, in which the drill string is clamped by the respective clamping device, and in a release state, in which the drill string is movable with respect to the respective clamping device,
wherein the drive mechanism is configured to (Cutler [0092-0103]) move the clamping devices back and forth along the longitudinal drill axis, and wherein the directional drilling device comprises a control device (Cutler [0051, 0063, 0091-0093, 0111]) operatively connected to the drive mechanism and the clamping devices for alternating movement of the clamping devices and for switching the clamping devices between the clamping state and the release state to perform directional drilling.
But does not expressly state:
a housing
Wentworth teaches a push/pull drilling rig comprising a housing (Wentworth 11) and tubular/rod clamps (Wentworth 112/31).
It would have been considered obvious to one of ordinary skill in the art, before the effective filing date (AIA ) or at the time the invention was made (Pre-AIA ), to have modified Cutler to include a housing around the frame in order to protect the components of the rig and to reduce the likelihood of worker injury by covering moving components (e.g. tracks, teeth, gears, guiding rods, rotating shafts, etc.).
Allowable Subject Matter
Claim 8 is 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.
Claim 17 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.
Claim 11-16, 19-20 would be allowable if rewritten 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 and to include all of the limitations of the base claim and any intervening claims.
Prior Art
The following prior art made of record and not relied upon is considered pertinent to Applicant's disclosure.
Richard (US 20200217154) teaches a snubbing injector comprising a rotational assembly and clamps.
Looijen (US 10844666) teaches a drive unit for pushing a rod/tubular into the ground, comprising a clamping assembly.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to David Carroll whose telephone number is (571)272-4808. The examiner can normally be reached M-F 2:00-10:00 PM EDT.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Doug Hutton can be reached at (571) 272-4137. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/David Carroll/ Primary Examiner, Art Unit 3674
Prosecution Insights