DETAILED ACTION
Notice of 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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 10/08/2026 has been entered.
Response to Arguments
Claim Rejections - 35 USC § 101
The amendments to claims 1, 8 and 15 overcome the rejection under 35 USC § 101. The recitation of “adjusting, via the processing system, one or more operations of a drilling tool associated with the bottom hole assembly based on the one or more drilling parameters, wherein adjusting the one or more operations of the drilling tool comprises varying the speed of the drill bit, varying the weight on bit, or both.” is significant more than the judicial exception because the step of “varying the speed of the drill bit, varying the weight on bit, or both.” cannot be performed by a human in the mind or using pen and paper. Additionally, this step reflect a physical transformation/improvement to the drilling system/operation. The rejection of claims 1, 8 and 15 has been withdrawn.
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 1-6, 8-13, 15-18 and 21-23 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 1, 8, and 15, there is a disconnect between various elements recited in the claims which makes the metes and bounds of these claims indefinite. The claims recite (or substantially similar to) “generating…a first model”, “generating…a second model”, “simulating…drilling dynamics” and “determining…a bit design”. The claim also recites “adjusting…one or more operations of a drilling tool…”. It’s unclear whether the claim requires an ongoing drilling operation because the claim never recites such an operation but requires an “adjusting” step for “one or more operations of a drilling tool”. Additionally, does “a drilling tool” comprise the designed “bit” from the step of “determining…a bit design”? If so, the claim does not adequately recite the step of using the “bit design” for drilling. As such, the relationship between “a drilling tool” and “a bit design” is very confusing. If the designed “bit” is not used in the “one or more operations of a drilling tool”, it is unclear why the step of “determining…a bit design” is occurring when the limitation of “one or more operations of a drilling tool” presumably already has “a bit”.
Claims 2-6, 9-13, 16-18 and 21-23 are rejected under this statute as the claims depend from claim 1, 8 or 15.
Allowable Subject Matter
Claims 1, 8, and 15 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.
Regarding prior art, see Allowable Subject Matter discussed in the Final Rejection mailed on 07/28/2026.
Conclusion
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/LAMIA QUAIM/ Examiner, Art Unit 3676
