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 Objections
Claims 4, 6, 12 and 14 are objected to because of the following informalities:
In claim 4, line 2, “drilling” should be changed to “drill” for consistency.
In claim 6, line 2, “drilling” should be changed to “drill” for consistency.
In claim 12, line 3, “drilling” should be changed to “drill” for consistency.
In claim 14, line 2, “drilling” should be changed to “drill” for consistency.
Appropriate correction is required.
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 1-24 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 claim 1, the term “comprising” in line 2 is placed after a comma such that it is unclear which element is being referenced. For purposes of examination, the examiner interprets “comprising” to mean “the apparatus comprising”. Further, the limitation “the first axis of the drill head” in line 9 is unclear. A “first axis of the mast” is previously recited in line 3 but not a first axis of the drill head. For purposes of examination, the examiner interprets “the first axis of the drill head” to mean “the first axis of the mast”. Claims 2-7 are rejected for depending from a rejected claim.
Claim 7 recites the limitation “the drill mast” in line 2. There is insufficient antecedent basis for this limitation in the claim. Examiner notes that a “mast” and a “drill head” are previously recited, but not a “drill mast”.
Regarding claim 8, the term “comprising” in line 2 is placed after a comma such that it is unclear which element is being referenced. For purposes of examination, the examiner interprets “comprising” to mean “the apparatus comprising”. Claims 9-16 are rejected for depending from a rejected claim.
Regarding claim 17, the term “comprising” in line 2 is placed after a comma such that it is unclear which element is being referenced. For purposes of examination, the examiner interprets “comprising” to mean “the apparatus comprising”. Claims 18-20 are rejected for depending from a rejected claim.
Regarding claim 19, it is unclear whether “a drill mast” in line 2 is the same as or different than, and in addition to, “a drill mast” in claim 17 because of the double positive recitation of “a drill mast”. For purposes of examination, the examiner interprets “a drill mast” to mean “the drill mast”. Similarly, it is unclear whether “a drill head” in line 2 is the same as or different than, and in addition to, “a rotary drill head” in claim 17 because of the double positive recitation of “a drill head”. For purposes of examination, the examiner interprets “a drill head” to mean “the rotary drill head”.
Regarding claim 21, the term “comprising” in line 3 is placed after a comma such that it is unclear what is being referenced. For purposes of examination, the examiner interprets “comprising” to mean “the method comprising”. Claims 22-24 are rejected for depending from a rejected claim.
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.
Claims 1, 2, 4, 5, 7-10, 12, 13, 15, 16 and 21-23 (as best understood) are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Clausen et al (US 2022/0186561).
Regarding claim 1, Clausen discloses an apparatus for forming a borehole in a surface of a mine passage or providing support for the surface (e.g. 200, Fig. 53, paragraphs 0142 and 0139), comprising: a mast (e.g. 105, shown but not labeled in Fig. 53, shown and labeled in Fig. 1) including a rotary drill head (e.g. 110, shown but not labeled in Fig. 53, shown and labeled in Fig. 1, paragraph 0139) adapted to move along a first axis of the mast toward or away from the surface of the mine passage (e.g. 180, shown but not labeled in Fig. 53, shown and labeled in Fig. 1, paragraph 0140); a holder adapted for holding a plurality of drill elements (e.g. shown but not labeled in Fig. 53 holding both ends of a drill rod 140), the holder extending along a second axis transverse to the first axis of the drill head (e.g. Fig. 53, paragraph 0144, wherein the mast and drill head are supported by arm 220 which is rotatable about a vertical axis such that the first axis of the mast can be positioned aligned with the direction of transportation while the second axis of the holder is perpendicular to the direction of transportation, thereby forming a transverse relationship between the first axis and the second axis); and a carriage adapted to move from a retracted position for gripping one drill element from the holder (e.g. 210, shown but not labeled in Fig. 53 in a retracted position, shown and labeled in Fig. 2) to an advanced position, and in the advanced position rotate to align the one drill element with the first axis of the drill head for forming the borehole or insertion into the borehole during the advance of the drill head toward the surface of the mine passage (e.g. paragraph 0185).
Regarding claim 2, Clausen further discloses that the carriage in the retracted position is such that a first longitudinal axis of the carriage is generally parallel to a second longitudinal axis of the holder (e.g. Fig. 53, wherein both the carriage and the holder have a longitudinal axis perpendicular to the direction of transportation and generally horizontal).
Regarding claim 4, Clausen further discloses that the carriage includes a pair of grippers adapted to retrieve the one drill element from the holder (e.g. 214, shown but not labeled in Fig. 53, shown and labeled in Fig. 2, paragraph 0143), and then hold the one drilling element during rotation of the carriage and advance of the drill head toward the surface of the mine passage (e.g. paragraph 0185).
Regarding claim 5, Clausen further discloses that the pair of grippers are further adapted to associate the one drill element with a drill guide associated with an upper end of the mast for guiding the one drill element during advance of the drill head (e.g. 172, Fig. 1, paragraph 140).
Regarding claim 7, Clausen further discloses a boom comprising a rotary actuator for rotating the drill mast (e.g. boom 220, Fig. 3, paragraph 0144, wherein a rotary actuator is required to provide the disclosed rotation).
Regarding claim 8, Clausen discloses an apparatus for forming a borehole in a surface of a mine passage or providing support for the surface (e.g. 200, Fig. 53, paragraphs 0142 and 0139), comprising: a drill mast (e.g. 105, shown but not labeled in Fig. 53, shown and labeled in Fig. 1) including a rotary drill head (e.g. 110, shown but not labeled in Fig. 53, shown and labeled in Fig. 1, paragraph 0139) adapted to move along an axis toward and away from the surface (e.g. 180, shown but not labeled in Fig. 53, shown and labeled in Fig. 1, paragraph 0140); a holder for holding one or more drill elements (e.g. shown but not labeled in Fig. 53 holding both ends of a drill rod 140); and a manipulator (e.g. 210, shown but not labeled in Fig. 53, shown and labeled in Fig. 2) being adapted to rotate from a non-vertical orientation for retrieving one drill element from the holder (e.g. Fig. 53 shows a non-vertical orientation) to a vertical orientation for associating the one drill element with the drill head for advance toward the surface (e.g. paragraphs 0144 and 0185, wherein the manipulator provides a drill element to the drill head, and wherein the drill head is capable of pivoting to a vertical orientation).
Regarding claim 9, Clausen further discloses that the holder is oriented so as to have a non-vertical longitudinal axis (e.g. Fig. 53 wherein the longitudinal axis is generally horizontal).
Regarding claim 10, Clausen further discloses that the non-vertical orientation of the manipulator is such that a longitudinal axis thereof is generally parallel to the non-vertical longitudinal axis of the holder (e.g. Fig. 53, wherein both the manipulator and the holder have a longitudinal axis perpendicular to the direction of transportation and generally horizontal).
Regarding claim 12, Clausen further discloses that the manipulator includes a pair of grippers adapted to retrieve the one drill element from the holder (e.g. 214, shown but not labeled in Fig. 53, shown and labeled in Fig. 2, paragraph 0143), and then hold the one drilling element during rotation of the manipulator and advance of the drill head toward the surface of the mine passage (e.g. paragraph 0185).
Regarding claim 13, Clausen further discloses that the pair of grippers are further adapted to associate the one drill element with a drill guide associated with an upper end of the mast for guiding the one drill element during advance of the drill head (e.g. 172, Fig. 1, paragraph 140).
Regarding claim 15, Clausen further discloses that the manipulator is pivotably attached to the drill mast (e.g. paragraph 0144 wherein 210 is pivotably attached to 105 via 202 and pivotable 220).
Regarding claim 16, Clausen further discloses a boom comprising a rotary actuator for rotating the drill mast (e.g. boom 220, Fig. 3, paragraph 0144, wherein a rotary actuator is required to provide the disclosed rotation).
Regarding claim 21, Clausen discloses a method for forming a borehole in a surface of a mine passage or providing support for the surface (e.g. Fig. 1, paragraph 0003) using a drill head (e.g. 110, shown but not labeled in Fig. 53, shown and labeled in Fig. 1, paragraph 0139) for moving along an axis (e.g. 180, shown but not labeled in Fig. 53, shown and labeled in Fig. 1, paragraph 0140) of a drill mast (e.g. 105, shown but not labeled in Fig. 53, shown and labeled in Fig. 1) toward or away from the surface (e.g. Fig. 1), comprising: (a) selecting at least one drill element from a plurality of drill elements oriented transverse to an axis of the drill mast (e.g. drill element 140, Fig. 53, paragraph 0144, wherein the drill mast and drill head are supported by arm 220 which is rotatable about a vertical axis such that the axis of the drill mast can be positioned aligned with the direction of transportation, as shown in Fig. 46, while the axis of the drill element is perpendicular to the direction of transportation, thereby forming a transverse relationship between the drill element and the axis of the drill mast, and paragraph 0185 wherein there are plural drill elements); (b) rotating the at least one drill element to align with the axis of the drill mast (e.g. Fig.’s 1 and 53, paragraphs 0143 and 0185, wherein the drill element positioned along the axis of the drill mast requires that the drill element be rotated from the original position shown in Fig. 53); and (c) advancing the one drill element toward the surface of the mine passage (e.g. Fig. 1, paragraph 0139).
Regarding claim 22, Clausen further discloses the step of gripping (e.g. Fig. 53, paragraph 0143) and advancing the at least one drill element in the transverse orientation from a retracted position away from the axis of the drill mast (e.g. Fig. 53) to an advanced position for performing the rotating step (e.g. paragraph 0185).
Regarding claim 23, Clausen further discloses that the at least one drill element comprises a starter steel, and further including repeating steps (a)-(c) for a finisher steel (e.g. paragraphs 0183 and 0185).
Claims 17-20 (as best understood) are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Galler et al (US 2018/0016899).
Regarding claim 17, Galler discloses an apparatus for forming a borehole in a surface of a mine passage or providing support for the surface (e.g. 100, Fig. 1, paragraph 0074), comprising: a drill mast (e.g. 105, Fig. 2a) including a rotary drill head adapted to move along an axis toward and away from the surface (e.g. 101, Fig. 2a, paragraph 0079); and a carousel (e.g. 200, Fig.’s 2a and 2b, paragraph 0083) carrying at least two drill steels and at least one anchor (e.g. 205 and 201, paragraph 0083).
Regarding claim 18, Galler further discloses that the at least two drill steels comprise a starter steel and a finisher steel (e.g. paragraph 0083).
Regarding claim 19, Galler further discloses a drill mast including a drill head (e.g. 105 with 101 as explained above); and a manipulator for retrieving one of the at least two drill steels and at least one anchor from the carousel and positioning the retrieved one drill steel or anchor in alignment with a borehole axis (e.g. 300, Fig.’s 1 and 3a, paragraph 0087).
Regarding claim 20, Galler further discloses that the carousel has a longitudinal axis generally transverse to the borehole axis (e.g. Fig. 1 wherein the carousel is configured to rotate between having a horizontal longitudinal axis and a vertical longitudinal axis, therefore the carousel is configured to include a longitudinal axis that is transverse to the borehole axis).
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.
Claims 6 and 14 (as best understood) are rejected under 35 U.S.C. 103 as being unpatentable over Clausen et al (US 2022/0186561) alone.
Regarding claim 6, Clausen discloses the invention substantially as applied above and further discloses that the drill head includes a chuck drive (e.g. paragraph 0139) but Clausen does not explicitly disclose that the drill head is adapted to move toward and away from the first axis to accommodate positioning of the one drilling element in alignment therewith. The examiner takes official notice that adjustable chucks are notoriously well known in the art. It would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to use an adjustable chuck (i.e. a chuck that has a plurality of jaws that move toward and away from the axis to adjust to a required size) because such is a known chuck in the art that would provide the expected benefit of allowing different sizes of drill elements to be accommodated.
Regarding claim 14, Clausen discloses the invention substantially as applied above and further discloses that the drill head includes a chuck drive (e.g. paragraph 0139) but Clausen does not explicitly disclose that the drill head is adapted to move toward and away from the axis of the drill mast to accommodate positioning of the one drilling element in alignment therewith. The examiner takes official notice that adjustable chucks are notoriously well known in the art. It would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to use an adjustable chuck (i.e. a chuck that has a plurality of jaws that move toward and away from the axis to adjust to a required size) because such is a known chuck in the art that would provide the expected benefit of allowing different sizes of drill elements to be accommodated.
Claims 3, 11 and 24 (as best understood) are rejected under 35 U.S.C. 103 as being unpatentable over Clausen et al (US 2022/0186561) as applied to claims 1, 9 and 22 above, and further in view of Galler et al (US 2018/0016899).
Regarding claim 3, Clausen discloses the invention substantially as applied above but does not disclose that the holder comprises a carousel adapted to rotate about the second axis. Galler teaches an apparatus for forming a borehole in a surface of a mine passage or providing support for the surface (e.g. 100, Fig. 1, paragraph 0074), comprising: a mast (e.g. 105, Fig. 2a) including a rotary drill head adapted to move along a first axis of the mast toward or away from the surface of the mine passage (e.g. 101, Fig. 2a, paragraph 0079); a holder adapted for holding a plurality of drill elements, the holder extending along a second axis (e.g. 200, Fig.’s 2a and 2b, paragraph 0083); and a carriage adapted to move from a retracted position for gripping one drill element from the holder to an advanced position (e.g. 300, Fig.’s 1 and 3a, paragraph 0087), and in the advanced position align the one drill element with the first axis of the drill head for forming the borehole or insertion into the borehole during the advance of the drill head toward the surface of the mine passage (e.g. Fig. 3a, paragraph 0087), wherein the holder comprises a carousel adapted to rotate about the second axis (e.g. Fig. 4, paragraphs 0089-0091). It would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to use a carousel as taught by Galler for the holder of Clausen because such is a known holder in the art that would provide the expected benefit of holding different types of drilling tools and having a compact footprint (e.g. paragraphs 0088 and 0092).
Regarding claim 11, Clausen discloses the invention substantially as applied above but does not disclose that the holder comprises a carousel adapted to rotate about the non-vertical longitudinal axis. Galler teaches an apparatus for forming a borehole in a surface of a mine passage or providing support for the surface (e.g. 100, Fig. 1, paragraph 0074), comprising: a drill mast (e.g. 105, Fig. 2a) including a rotary drill head adapted to move along an axis toward and away from the surface (e.g. 101, Fig. 2a, paragraph 0079); a holder for holding one or more drill elements (e.g. 200, Fig.’s 2a and 2b, paragraph 0083); and a manipulator for retrieving one drill element from the holder and associating the one drill element with the drill head for advance toward the surface (e.g. 300, Fig.’s 1 and 3a, paragraph 0087), wherein the holder is oriented so as to have a non-vertical longitudinal axis (e.g. Fig. 1), and wherein the holder comprises a carousel adapted to rotate about the non-vertical longitudinal axis (e.g. Fig. 4, paragraphs 0089-0091). It would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to use a carousel as taught by Galler for the holder of Clausen because such is a known holder in the art that would provide the expected benefit of holding different types of drilling tools and having a compact footprint (e.g. paragraphs 0088 and 0092).
Regarding claim 24, Clausen discloses the invention substantially as applied above but does not disclose repeating steps (a)-(c) for a roof bolt. Galler teaches a method for forming a borehole in a surface of a mine passage or providing support for the surface (e.g. Fig. 1, paragraph 0074) using a drill head (e.g. 101, Fig. 2a, paragraph 0079) for moving along an axis of a drill mast (e.g. 105, Fig. 2a) toward or away from the surface (e.g. Fig. 1, paragraph 0079), comprising: (a) selecting at least one drill element from a plurality of drill elements (e.g. 201 and 205, Fig. 2b, paragraph 0083); (b) aligning the at least one drill element with the axis of the drill mast (e.g. Fig. 3a, paragraph 0087); and (c) advancing the one drill element toward the surface of the mine passage (e.g. Fig. 1, paragraph 0099), further including repeating steps (a)-(c) for a roof bolt (e.g. paragraph 0102). It would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to repeat the steps of Clausen for a roof bolt as taught by Galler because such is a known method in the art that would provide the expected benefit of installing roof bolts to strengthen the roof.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STACY N LAWSON whose telephone number is (571)270-7515. The examiner can normally be reached Mon-Fri 9am-3pm.
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/S.N.L./Examiner, Art Unit 3678
/AMBER R ANDERSON/Supervisory Patent Examiner, Art Unit 3678
Prosecution Insights