DETAILED ACTION
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 .
Election/Restrictions
Applicant amended claim 19 (Invention II – method) to properly depend from claim 1 (Invention I – device) in the response to the Election/Restriction requirement dated 9/10/2025. Applicant's election of claims 1-20 in the reply filed on 11/6/2025 is acknowledged. The Election /Restriction requirement has been withdrawn.
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.
Claim(s) 1-2 and 10-19 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Butler et al. (20080000694- Butler).
Butler discloses a device, comprising:
Re claim 1:
a housing 31 (i.e., fig. 4) comprising a plurality of housing segments 32 (i.e., figs. 4-5) comprising a forward-most housing segment;
a nozzle 29 (i.e., fig. 5, abstract: “jet nozzle”) supported by the forward-most housing segment, wherein the nozzle is configured to be operatively connected to the pressurized water supply (i.e., pghs.23, 26, “pressurized fluid”, “water”) and to eject water forward of the hydro-excavation device to excavate the tunnel; and
a locomotion system 34/35 (i.e., pgh. 30) operatively supported by the housing, wherein the locomotion system is configured to propel the hydro-excavation device 50 through the tunnel.
Re claim 2, the locomotion system comprises at least one tunnel-engagement structure (i.e., any one of the segments 32 that goes through the tunnel can also be considered part of the locomotion system since it moves - https://www.bing.com/search?q=locomotion&cvid=42588b12cdc0487eab6174d0d17ee18c&gs_lcrp=EgRlZGdlKgYIABBFGDsyBggAEEUYOzIGCAEQABhAMgYIAhAAGEAyBggDEAAYQDIGCAQQABhAMgYIBRAAGEAyBggGEAAYQDIGCAcQABhAMgYICBAFGEAyCAgJEOkHGPxV0gEIMzEyNWowajGoAgCwAgA&FORM=ANAB01&PC=U531)
and at least one actuator 34 (i.e., pgh. 30, “gear”).
Re claim 10, the plurality of housing segments 32 further comprises a rearward-most housing segment, wherein the rearward-most housing segment is configured to be selectively coupled to and decoupled from a conduit 28 (i.e., pgh. 28, “During operation, the pump unit 24 receives the wellbore fluid 15 through its suction side, pressurizes the fluid, and discharges the pressurized fluid into the conduit 28” implies no fluidic coupling before operation and fluidic coupling during operation) and wherein the hydro-excavation device is configured to pull the conduit into the tunnel (i.e., (i.e., pgh. 23, “An arm 31 is provided that houses a length of the conduit 28”, pgh. 22, ; the arm 31 terminates at the excavating member 50).
Re claim 11, the plurality of housing segments 32 are articulated relative to each other (i.e., fig. 5).
Re claim 12, a rotatable joint 41/33 connecting the forward-most housing segment to a second segment of the plurality of housing segments (i.e., pgh. 25) , wherein the rotatable joint is configured to permit rotational motion of the forward-most housing segment relative to the second segment (i.e., abstract, pghs. 20-21, 31-33, “rotating”, “rotation”, “rotational”, “rotate”, “rotation”).
Re claim 13, a joint actuator 39/41 operatively coupled to the rotatable joint to control the rotational motion of the forward-most housing segment relative to the second segment (i.e., pgh. 25, “Strategically positioning the tabs 39 and apertures 41 on the same side of the arm 31 results in an articulated arm 31 that can be flexed by pivoting the individual segments 32”).
Re claim 14, an electronic controller 24 (i.e., fig.4, pgh. 24) operatively coupled to the joint actuator, wherein the electronic controller is configured to selectively actuate the joint actuator to control the rotational motion of the forward-most housing segment relative to the second segment (i.e., pghs. 22-24, 28, movement of housing 31 is initiated by electric pump unit 24 that increases the pressure of the fluid to propel the segments 32).
Re claim 15, a respective articulable joint 39/41 connecting each of the plurality of housing segments, such that the plurality of housing segments are articulated relative to each other (i.e., pgh. 25, “Strategically positioning the tabs 39 and apertures 41 on the same side of the arm 31 results in an articulated arm 31 that can be flexed by pivoting the individual segments 32”).
Re claim 16, the nozzle (i.e., abstract, pgh. 32, nozzles) comprises one or more fixed jets 29 (i.e., fig. 5), each configured to eject water forward of the hydro-excavation device.
Re claim 17, the nozzle is configured to rotate about a longitudinal axis of the hydro-excavation device, such that the fixed jets are rotated about the longitudinal axis (i.e., pgh. 33, “combining the fluid jets 29 exiting the excavation member 50 with the rotation of the excavation member 50”).
Re claim 18, internal water supply line 28 (i.e., fig. 4, pgh. 32) extending through the plurality of housing segments from a rearward-most housing segment of the plurality of housing segments to the forward-most housing segment, wherein the internal water supply line is configured to receive water from an external water supply line 15 (i.e., pgh. 32, “wellbore fluid”) of the pressurized water supply.
Re claim 19, ejecting pressurized water forward of the hydro-excavation device to excavate the underground tunnel by eroding debris in front of the hydro-excavation device 50 (i.e.,. pgh. 30); propelling the hydro-excavation device forward into the underground tunnel, while ejecting the pressurized water (i.e., fig. 5); and pulling the conduit 28 (i.e., pgh. 23, “An arm 31 is provided that houses a length of the conduit 28”, pgh. 22, “the arm 31 terminates at the excavating member 50”) behind the hydro-excavation device into the underground tunnel (i.e., fig. 4), while ejecting the pressurized water and propelling the hydro-excavation device (i.e., fig. 5).
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.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Butler
Butler discloses movement of housing 31 is initiated by electric pump unit 24 that increases the pressure of the fluid to propel the segments 32. And pump unit can be an intensifier, centrifugal pumps, swashplate pumps, wobble pumps, a crankshaft pump, and combinations thereof (i.e., pgh. 28). Butler is silent on solenoid valve pump. However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the present application try the device of Butler with a solenoid valve pump for regulating the flow of fluid, allowing it to move in one direction while preventing backflow (https://www.bing.com/search?q=Solenoid%20Pump%20includes%20valve%3F&qs=n&form=QBRE&sp=-1&ghc=1&lq=0&pq=solenoid%20pump%20includes%20valve%3F&sc=12-29&sk=&cvid=1196A4609E2A4F1093FF7B6CE0E59750)_
Allowable Subject Matter
Claims 3-6, 8-9, 20 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The cited prior art all show similar features to those of the claimed invention.
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/YONG-SUK (PHILIP) RO/Primary Examiner, Art Unit 3676