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 .
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1 and 9-12 is/are rejected under 35 U.S.C. 102(a)(2) as being clearly anticipated by Barrett et al (US 2002/0096322; cited by Applicant). With respect to claim 1, Barrett et al discloses the claimed downhole robot for oil wells (paragraphs 0028, 0044, 0050, with a pressure housing 514 (paragraph 0048) enclosing an internal gas filled or vacuum filled volume (paragraph 0048), at least one propulsion unit 52 (paragraph 0046; Figure 5A) coupled to an end of the pressure housing (Figure 5A), at least one centralization element, at least one sensor 54 (paragraph 0047) to measure properties of interest with respect to the downhole robot (inclinometer) and for an environment outside of the downhole robot (temperature and pressure), a buoyancy system (paragraphs 0048, 0049), an electrical power supply (battery unit 112; paragraph 0028), an anchoring system with at least one centralization element (paragraph 0044) and a power system configured for non-contact operation (paragraphs 0043, 0044). With respect to claim 9, note Barrett et al, paragraph 0047. With respect to claims 10-11, note Barrett et al, paragraphs 0048, 0050. With respect to claim 12, note Barrett et al, paragraph 0028.
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) 2-3 and 7-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Barrett et al (US 2002/0096322; cited by Applicant) in view of Prisbell (WO 2022/192919; cited by Applicant). With respect to claims 2-3, 7-8, Barrett et al do not disclose a counter rotating propulsion unit at each end of the housing and the specific centralization details. Prisbell teaches two counter rotating propulsion units (paragraph 0023; Figure 3) and the protective structure containing the propulsion units include the centralization details. It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to form the device of Barrett et al with a counter rotating propulsion unit at each end of the housing and the specific centralization details as taught by Prisbell with a high likelihood of success for improved propulsion efficiency. The combination combines known features to achieve predictable results. Further, it is noted that a person of ordinary skill in the art before the effective filing date of the claimed invention would have years of experience and advanced degrees. Such a person would have been familiar with various propulsion and centralization systems and would have found the combination to have been obvious.
Claims 4-6 and 13-20 are 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.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Scherbatskoy et al (US 4676310) shows a borehole robot.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEPHEN AVILA whose telephone number is (571)272-6678. The examiner can normally be reached Mon-Thu 6-4.
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STEPHEN AVILA
Primary Examiner
Art Unit 3617
/STEPHEN P AVILA/Primary Examiner, Art Unit 3615
