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 § 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) 31, 32 and 34-41 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hegg (US 2013/0223931) alone.
Regarding claims 31 and 32, Hegg discloses a (references in brackets applying to this document): system (suitable) for excavating a rock face using microwaves, the system comprising: a microwave generator ( 102); an articulable robotic arm ( 104, 120, 122, 123) comprising a plurality of rotatably connected waveguide segments, the plurality of rotatably connected waveguide segments being rigid; an applicator (6) attached to a distal end of the articulable robotic arm; and a control system ( 110) configured to: produce microwaves with the microwave generator for travel through the plurality of rotatably connected waveguide segments to the applicator; and move the articulable robotic arm such that the applicator moves along the rockface as the microwaves exit the applicator, and is configured to focus the microwaves (via horn and shoud, 106 & 108).
Although not explicitly disclosed to be utilized for excavating rock, it would have been obvious to one of ordinary skill in the art the device is “configured for” performing the task inasmuch as it is even a requirement of the claims, seeing how it is merely functional language in the preamble.
Regarding claims 34-41 Although Hegg is silent as to all these ways to utilize the device, it would have been obvious to one of ordinary skill in the art that it is “configured to” operate in such a manner.
Claim(s) 33 and 45-50 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hegg (US 2013/0223931) in view of Feng (CN 107035316 A).
Regarding claims 33 and 45, Hegg fails to disclose the tapered internal channel that reduces width to an exit port, and the device is used for excavating rock.
Feng teaches a microwave generation device comprising antennas with a tapered internal channel that reduces width to an exit port (Figure 4), and the device is used for excavating rock (abstract).
At the time of the invention, it would have been obvious to one of ordinary skill in the art to modify the device of Hegg by utilizing it to excavate rock and to substitute the horn for the antenna, as described by Feng, to provide a more reasonable size, higher aperture efficiency, can effectively improve the absorption efficiency of the rock, and the energy loss is small (last paragraph of technical field).
Claim(s) 42-44 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hegg-Feng combination in view of claims 33 and 45-50, and further in view of Zleski (US 2830276).
Regarding claim 42, the Hegg-Feng combination is silent as to the waveguide segments being rotatable joints.
Zleski teaches a microwave device having rotary joints and a T-shape (Figures 1-5).
At the time of the invention, it would have been obvious to one of ordinary skill in the art to modify the device of the Hegg-Feng combination to utilize the rotary joints as described by Zleski to enable the device to be used at a variety of angles and positions, thereby increasing its versatility, adaptability, and subsequently profitability.
Regarding claims 43 and 44, although the Hegg teaches a cylindrical shape (horn) rather than a cylindrical shape, it would have been obvious to utilize the T shape instead since it has been held that a change in the shape of a prior art device is a design consideration within the skill of the art. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966). Furthermore it is noted that one specific shape was not indicated as having criticality over any of the others mentioned in the inventive Specification.
Claim(s) 31, 32 and 34-44 is/are rejected under 35 U.S.C. 103 as being unpatentable over White (US 5635143) in view of Ouellet et al. (US 2009/0321132) and Soane (US 2020/0063040).
Regarding claim 31, White discloses a system for excavating a material using microwaves (col 3 In 52-54- With reference to FIGS. 1, 3, 4 and 5, the overall apparatus 10 for the microwave removal of concrete surfaces 38 is shown), the system comprising: a microwave generator (col 3 In 54-56- The apparatus 10 includes a large enclosure 12 containing a microwave high-voltage power supply, instrumentation and controls); an articulable robotic arm comprising a plurality of rotatably connected waveguide segments, the waveguide segments being rigid (col 7 In 49-52- The arm would have rotating waveguide joints in the waveguide transmission system to achieve all the desired degrees of freedom required for such an application); an applicator (col 7 In 49-52- The arm would have rotating waveguide joints in the waveguide transmission system to achieve all the desired degrees of freedom required for such an application); and a control system (col 3 In 54-59). The apparatus 10 includes a large enclosure 12 containing a microwave high-voltage power supply, instrumentation and controls. Electrical power (480 V 3-phase, 130 A) and plant cooling water (76 Umin.) are supplied to the microwave power supply, instrumentation and controls) configured to: produce microwaves with the generator for travel through the waveguide segments to the applicator (col 4 In 17-24-Specifically, when high frequency microwaves are used the gradual taper of the waveguide 24 permits uniform exposure of the microwaves to a surface larger than the microwave input 34 of the waveguide 24, without detrimentally effecting the uniformity of the microwaves); and move the robotic arm such that the applicator moves along the material as the microwaves exit the applicator (col 7 In 19-22) In this embodiment, a microwave input 34 is located at the proximal end 30' of the waveguide 24' and initially directs microwaves normal to the concrete surface).
White fails to disclose that the material is a rock face; the applicator attached to a distal end of the robotic arm.
Ouellet, related generally to drill bits (abstract), teaches that the material is a rock face (para [0041]- The horn antenna design described herein above would therefore be much closer to the rock face, thus requiring a wider opening in order to ensure that the antenna 48 covers enough rock area and such a design would thus be difficult to accommodate without being detrimental to the geometry of the bit's cutting surface 52).
At the time of the invention, it would have been obvious to one of ordinary skill in the art to include that the material is a rock face of Ouellet with the method of White to improve drilling efficiency by reducing the strength of the rock (Ouellet, para (0020). The magnetron 28, whose power intensity is controlled by the control unit 30, is used to reduce the strength of the aggregate 20 and improve drilling efficiency by exposing the aggregate 20 to electromagnetic energy (in the form of RF/microwaves) prior to cutting by the excavation bit 18).
Soane, related generally to metal cutting assemblies (para (0017), teaches the applicator attached to a distal end of the robotic arm (para (0084). As shown in this Figure, the microwaves enter a waveguide assembly 508 that directs them to the applicator 510. As depicted, the second circulator 520 includes a power tuner 528 that steps down power using a three-stub tuner 530 in the arm that is distal to its junction with the applicator. In the arm of the second circulator 520 that interfaces with the applicator 510, a three-stub tuner 532 is arranged distal to the dual-directional coupler 534).
At the time of the invention, it would have been obvious to one of ordinary skill in the art to include an applicator attached to a distal end of the robotic arm of Soane with the system of White to improve microwave application to the rock face (Soane, para (0084). As shown in this Figure, the microwaves enter a waveguide assembly 508 that directs them to the applicator 510. As depicted, the second circulator 520 includes a power tuner 528 that steps down power using a three-stub tuner 530 in the arm that is distal to its junction with the applicator. In the arm of the second circulator 520 that interfaces with the applicator 510, a three-stub tuner 532 is arranged distal to the dual directional coupler 534).
Referring to claim 32, Ouellet further teaches wherein the applicator is configured to focus the microwaves to produce a microwave beam at the rock face (para [0037)- Indeed, the increased space allows the microwave beam directed by the antenna 48 to widen enough to cover sufficient area of the rock ahead of the cutting tool 58).
Referring to claim 34, White further teaches wherein the control system is further configured to move the robotic arm such that the applicator moves at a scan speed along the material (col 3 In 64-col 4 In 3- The mobile housing 14 is connected to the enclosure 12. The enclosure 12 supplies electrical power and cooling to the mobile housing 14 via lines 22. Additionally, the conventional microwave power supply contained in the large enclosure 12 controls the housing speed and the microwave power applied to the concrete 38 through the mobile housing 14). White fails to disclose that the material is a rock face and Ouellet further teaches that the material is a rock face (para [0041 ]- The horn antenna design described herein above would therefore be much closer to the rock face, thus requiring a wider opening in order to ensure that the antenna 48 covers enough rock area and such a design would thus be difficult to accommodate without being detrimental to the geometry of the bit's cutting surface 52).
Referring to claim 35, White further teaches wherein the control system is further configured to move the applicator within a vertically oriented plane (col 7 In 41-44- In another alternate embodiment of the present invention, the mobile housing could be fitted with a robotic arm/waveguide combination so that walls and corners of rooms could be decontaminated).
Referring to claim 36, White further teaches wherein the control system is further configured to move the robotic arm such that the applicator moves a particular direction along the material (col 3 In 8-15- These and other objects are accomplished by the present invention which provides a method and apparatus for the microwave removal of contaminated concrete surfaces. The apparatus comprises a housing adapted to pass over a surface. The housing includes a waveguide for directing microwave energy to the surface to maximize the absorption of the microwave energy by the surface in accordance with "Brewster's Angle") and Ouellet further teaches that the material is a rock face (para [0041)- The horn antenna design described herein above would therefore be much closer to the rock face, thus requiring a wider opening in order to ensure that the antenna 48 covers enough rock area and such a design would thus be difficult to accommodate without being detrimental to the geometry of the bit's cutting surface 52).
Referring to claim 37, White further teaches wherein the control system is further configured to move the robotic arm such that the applicator moves with a particular orientation relative to a contour of the material (col 3 In 8-15- These and other objects are accomplished by the present invention which provides a method and apparatus for the microwave removal of contaminated concrete surfaces. The apparatus comprises a housing adapted to pass over a surface. The housing includes a waveguide for directing microwave energy to the surface to maximize the absorption of the microwave energy by the surface in accordance with "Brewster's Angle") and Ouellet further teaches that the material is a rock face (para (0041) The horn antenna design described herein above would therefore be much closer to the rock face, thus requiring a wider opening in order to ensure that the antenna 48 covers enough rock area and such a design would thus be difficult to accommodate without being detrimental to the geometry of the bit's cutting surface 52).
Referring to claim 38, White further teaches wherein the control system is further configured to move the robotic arm based on an amount of energy in the microwaves (col 3 In 8-15- These and other objects are accomplished by the present invention which provides a method and apparatus for the microwave removal of contaminated concrete surfaces. The apparatus comprises a housing adapted to pass over a surface. The housing includes a waveguide for directing microwave energy to the surface to maximize the absorption of the microwave energy by the surface in accordance with "Brewster's Angle").
Referring to claim 39, Ouellet further teaches a sensor configured to detect a microwave mining parameter, and wherein the control system is configured to control production of the microwaves and movement of the robotic arm based on the microwave mining parameter (para [0020)- The magnetron 28, whose power intensity is controlled by the control unit 30, is used to reduce the strength of the aggregate 20 and improve drilling efficiency by exposing the aggregate 20 to electromagnetic energy (in the form of RF/microwaves) prior to cutting by the excavation bit 18).
At the time of the invention, it would have been obvious to one of ordinary skill in the art at the time of the invention to include a sensor configured to detect a microwave mining parameter, and wherein the control system is configured to control production of the microwaves and movement of the robotic arm based on the microwave mining parameter of Ouellet with the system of White in view of Soane to improve drilling efficiency (Ouellet, para [0020]- The magnetron 28, whose power intensity is controlled by the control unit 30, is used to reduce the strength of the aggregate 20 and improve drilling efficiency by exposing the aggregate 20 to electromagnetic energy (in the form of RF/microwaves) prior to cutting by the excavation bit 18).
Referring to claim 40, Ouellet further teaches wherein the microwave mining parameter comprises one or more of the following: an amount of microwave energy generated by the generator, an amount of microwave energy exiting the applicator, an amount of microwave energy at one or more joints of the rotatably connected waveguide segments, a type of rock in the rock face, a temperature of the rock face, and a degradation of the rock face (NOTE: temperature of the rock face and amount of microwave energy generated, type of rock are disclosed) (para (0107]- The results also indicated that the temperature gradient across the pyrite and calcite phases increases as the duration of exposure to electromagnetic energy increases. This effect is more evident when individual plots are examined more closely. Indeed, it can be seen that for an input power of 750 W, the temperature gradient across the pyrite and calcite is 34K for a duration of 10 seconds and 63K for a duration of 60 seconds; para [0020]- electromagnetic energy from 300 MHz to 300 GHz can be supplied, although as will be discussed in more detail below, the selection of the frequency or frequencies ultimately to be supplied depends on the nature of the material (rock) being excavated. The power output of electromagnetic energy generators typically ranges from 500 W to 10 KW at 2.45 GHz and as high as 75KW for a frequency of 915 MHz. In the preferred embodiment of the present invention, the magnetron 28 is illustratively operated at a frequency of 2.45 GHz and at a power of 3 kW).
Referring to claim 41, Ouellet further teaches wherein the control system is further configured to control one or more of the following based on the mining parameter: an orientation of the applicator relative to the rock face, a direction of movement of the applicator along the rock face, and a speed of movement of the applicator along the rock face (NOTE: speed of movement of the applicator is disclosed) (para [0034]- Although drag bits are not normally used for the hard rock 20 intended to be drilled (as mentioned herein above), it is assumed that the rock 20 will be sufficiently softened by the microwaves emitted by the microwave assembly 12 so as to allow for successful drilling. The drill feed rate could thus be adjusted to allow sufficient time for the microwaves to reduce the rock's strength to the point where the excavation bit 18 would not be subject to undue or abnormal stresses, which otherwise could lead to permanent deformation or fracture).
Referring to claim 42, Ouellet further teaches wherein the plurality of rotatably connected waveguide segments are connected at rotatable joints comprising internal antennas, (para (0032]- Illustratively, the excavation bit 18 houses the antenna 48, which may be positioned on the periphery of the excavation bit 18 so as to maximize microwave radiation coverage. Indeed, as it is desirable for the co-axial cable 22 to be fixed relative to the excavation bit 18 (i.e. move along with it), the antenna 48 can be positioned off the excavation bit's center. In this manner, as the excavation bit 18 rotates, the antenna 48 moves around the center of rotation for direct coverage of a greater area of the rock surface). It would have been obvious to one of ordinary skill in the art at the time of the invention to include wherein the plurality of rotatably connected waveguide segments are connected at rotatable joints comprising internal antennas of Ouellet with the system of White in view of SOANE to improve rock surface coverage (Ouellet, para (0032]- Illustratively, the excavation bit 18 houses the antenna 48, which may be positioned on the periphery of the excavation bit 18 so as to maximize microwave radiation coverage. Indeed, as it is desirable for the co-axial cable 22 to be fixed relative to the excavation bit 18 (i.e. move along with it), the antenna 48 can be positioned off the excavation bit's center. In this manner, as the excavation bit 18 rotates, the antenna 48 moves around the center of rotation for direct coverage of a greater area of the rock surface).
Referring to claim 43, Ouellet further teaches wherein the internal antennas comprise a cylindrical shape (para (0037]- Referring now to FIGS. 6(a) and 6(b), for rotary-type excavation bits, such as rotary bits and rotary drag bits, the antenna 4S is illustratively designed as a horn antenna).
Referring to claim 44, Ouellet further teaches wherein the internal antennas are shaped (para (0032]- Further, when positioned in this manner, the antenna 48 interferes much less with the position and structure of the cutting heads 24. In order to impede the excavation bit 18 as little as possible, it is desirable for the microwave antenna 48 to be as small as possible). Neither White nor Ouellet nor Soane specifically discloses wherein the internal antennas are T-shaped, but White suggests a T-shape is subject to optimization to make better use of microwave energy emission (para (0032]- Still, it is also desirable to optimize the antenna's geometry in order to maximize the amount of microwave energy it emits towards the aggregate 20, thus impacting the antenna design as well). It would have been obvious to a person of ordinary skill in the art at the time of the invention to provide T-shaped antenna for White in view of Ouellet and in further view of Soane to optimize geometry is suggested by Ouellet, based on routine experimentation, since when the general conditions of a claim are disclosed by the prior art it is not inventive to discover an optimum or workable range by routine experimentation.
Claim(s) 33 is/are rejected under 35 U.S.C. 103 as being unpatentable over the White-Ouellet-Soane combination as applied to claims 31, 32 and 33-44 above, and further in view of Cronin (US 2007/0191825).
The White-Ouellet-Sloane combination fails to disclose wherein the applicator includes a tapered internal channel that reduces in width to an exit port.
Cronin, relate generally to microwave emitters (abstract), teaches wherein the applicator includes a tapered internal channel that reduces in width to an exit port (para [0030]- Preferably, the radiation emitting portion includes a generally conical tapering portion, the tapering portion thereby forming a tip for insertion into a hollow anatomical structure).
At the time of the invention, it would have been obvious to one of ordinary skill in the art to include wherein the applicator includes a tapered internal channel that reduces in width to an exit port of Cronin with the method of White to reduce power level need for microwave emission (Cronin, para (0111]- for this embodiment the power level is reduced (from 1.4 W per mm of circumference to 1.2 W/mm circumference)).
Claim(s) 45-47, 49 and 50 is/are rejected under 35 U.S.C. 103 as being unpatentable over White (US 5635143) in view of Ouellet et al. (US 2009/0321132).
Regarding claim 45, White discloses method for excavating a material using microwaves (col 3 In 52-54- With reference to FIGS. 1, 3, 4 and 5, the overall apparatus 10 for the microwave removal of concrete surfaces 38 is shown), the method comprising: generating microwaves from a microwave source (col 3 In 54-56- The apparatus 10 includes a large enclosure 12 containing a microwave high-voltage power supply, instrumentation and controls); guiding the microwaves along a waveguide (col 4 In 31-36- The microwave input 34 is secured to the microwave tube such that microwave energy is directed through the microwave input 34 to pass down the waveguide 24) to an articulable robotic arm comprising one or more articulable waveguide segments (col 7 In 49-52- The arm would have rotating waveguide joints in the waveguide transmission system to achieve all the desired degrees of freedom required for such an application); adjusting one or more of the articulable waveguide segments to position an applicator on the robotic arm relative to the material (col 7 In 49-52- The arm would have rotating waveguide joints in the waveguide transmission system to achieve all the desired degrees of freedom required for such an application); and directing the microwaves through the applicator and onto the material (col 7 In 19-22- In this embodiment, a microwave input 34' is located at the proximal end 30' of the waveguide 24' and initially directs microwaves normal to the concrete surface).
White fails to disclose that the material is a rock face.
Ouellet, related generally to drill bits (abstract), teaches that the material is a rock face (para [0041]- The horn antenna design described herein above would therefore be much closer to the rock face, thus requiring a wider opening in order to ensure that the antenna 48 covers enough rock area and such a design would thus be difficult to accommodate without being detrimental to the geometry of the bit's cutting surface 52). It would have been obvious to one of ordinary skill in the art at the time of the invention to include that the material is a rock face of Ouellet with the method of White to improve drilling efficiency by reducing the strength of the rock (Ouellet, para [0020)- The magnetron 28, whose power intensity is controlled by the control unit 30, is used to reduce the strength of the aggregate 20 and improve drilling efficiency by exposing the aggregate 20 to electromagnetic energy (in the form of RF/microwaves) prior to cutting by the excavation bit 18).
Referring to claim 46, White further teaches moving the robotic arm such that the applicator moves along the material as the microwaves exit the applicator (col 7 In 19-22- In this embodiment, a microwave input 34' is located at the proximal end 30' of the waveguide 24' and initially directs microwaves normal to the concrete surface). White fails to disclose that the material is a rock face and Ouellet further teaches that the material is a rock face (para [0041]- The horn antenna design described herein above would therefore be much closer to the rock face, thus requiring a wider opening in order to ensure that the antenna 48 covers enough rock area and such a design would thus be difficult to accommodate without being detrimental to the geometry of the bit's cutting surface 52).
Referring to claim 47, Ouellet further teaches focusing the microwaves to produce a microwave beam at the rock face (para [0041]- The horn antenna design described herein above would therefore be much closer to the rock face; para [0037]- Indeed, the increased space allows the microwave beam directed by the antenna 48 to widen enough to cover sufficient area of the rock ahead of the cutting tool 58).
Referring to claim 49, White further teaches moving the applicator at a particular speed along the material (col 3 In 64-col 4 In 3- The mobile housing 14 is connected to the enclosure 12. The enclosure 12 supplies electrical power and cooling to the mobile housing 14 via lines 22. Additionally, the conventional microwave power supply contained in the large enclosure 12 controls the housing speed and the microwave power applied to the concrete 38 through the mobile housing 14). White fails to disclose that the material is a rock face and Ouellet further teaches that the material is a rock face (para [0041]- The horn antenna design described herein above would therefore be much closer to the rock face, thus requiring a wider opening in order to ensure that the antenna 48 covers enough rock area and such a design would thus be difficult to accommodate without being detrimental to the geometry of the bit's cutting surface 52).
Claim(s) 48 is/are rejected under 35 U.S.C. 103 as being unpatentable over the White-Ouellet combination as applied to claims 45-47, 49 and 50 above, and further in view of Cronin (US 2007/0191825).
The White-Ouellet combination fails to disclose wherein the applicator includes a tapered internal channel that reduces in width to an exit port.
Cronin, relate generally to microwave emitters (abstract), teaches wherein the applicator includes a tapered internal channel that reduces in width to an exit port (para [0030]- Preferably, the radiation emitting portion includes a generally conical tapering portion, the tapering portion thereby forming a tip for insertion into a hollow anatomical structure).
At the time of the invention, it would have been obvious to one of ordinary skill in the art to include wherein the applicator includes a tapered internal channel that reduces in width to an exit port of Cronin with the method of White to reduce power level need for microwave emission (Cronin, para (0111]- for this embodiment the power level is reduced (from 1.4 W per mm of circumference to 1.2 W/mm circumference)).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Ouellet (WO 2008/011729) discloses an electromagnetic energy assisted drilling system and method similar to that of the claimed invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KYLE A ARMSTRONG whose telephone number is (571)270-1184. The examiner can normally be reached M-F ~10-6.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anita Coupe can be reached at (571) 270-3614. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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KYLE ARMSTRONG, P.E.
Primary Examiner
Art Unit 3678
/KYLE ARMSTRONG/ Primary Examiner, Art Unit 3619
Prosecution Insights