DETAILED ACTION
The preliminary amendment filed 4/10/2025 has been entered.
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 Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that use the word “means” or “step” but are nonetheless not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph because the claim limitation(s) recite(s) sufficient structure, materials, or acts to entirely perform the recited function. Such claim limitation(s) is/are: “by means of the transceiver” and “by means of the IMU” in claim 1, and 16-17 and “by means of the controller” in claim 17, where these limitations are understood as descriptions of the configurations or calculations performed rather than invoking 112(f).
Because this/these claim limitation(s) is/are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are not being interpreted to cover only the corresponding structure, material, or acts described in the specification as performing the claimed function, and equivalents thereof.
If applicant intends to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to remove the structure, materials, or acts that performs the claimed function; or (2) present a sufficient showing that the claim limitation(s) does/do not recite sufficient structure, materials, or acts to perform the claimed function.
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 1-17 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.
Claims 1, 16 and 17 each recite “wherein an operator of the drill is enabled to correspond drilling of holes to the virtual drill plan to ensure holes are accurately drilled in accordance with said drill plan”. However, this recitation is indefinite as it is not clear what provides the operator to be “enabled […] to ensure holes are accurately drilled in accordance with said drill plan” as claimed since it is not linked to the output of the controller.
Claim 2 recites the phrase "or the like" which renders the claim(s) indefinite because the claim(s) include(s) elements not actually disclosed (those encompassed by "or the like"), thereby rendering the scope of the claim(s) unascertainable. See MPEP § 2173.05(d).
Claim 11 recites the phrase "such as" which renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Claim 13 lacks antecedent basis for “the HMI” and is therefore indefinite.
Claim 14 recites “the reflector unit(s)” in line 3, which is indefinite as only a single reflector unit is previously recited in this claim.
The remaining claims are indefinite as being dependent on an indefinite claim.
Allowable Subject Matter
Claims 1-17 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.
The following is a statement of reasons for the indication of allowable subject matter: The prior art of record includes underground development drill boom tracking systems including discloses underground development drill book tracking systems and methods such as Steele et al. (US 9,574,444), Nelson (US 2016/0215622), O’Reilly et al. (WO 2017/027925), Purismo et al. (US 2014/0110168) and Puura et al. (US 2016/0333691). The closest prior art of record, Steele et al. discloses an underground development drill boom tracking system comprising: at least one reflector (2035, col. 10, lines 42-45) configured for mounting at a predetermined position on a drill boom of the drill and configured to reflect an electromagnetic wave; an electromagnetic wave transceiver (2025, as in fig 18) for mounting on a body of the drill and configured to receive an electromagnetic wave from the reflector unit; a controller (2045) arranged in wireless signal communication (col. 7, lines 64-66) to monitor the position and motion of the boom (paragraph 25) and wherein an operator of the drill is enabled to correspond drilling of holes to ensure holes are accurately drilled. Steele et al. do not disclose at least one inertial measurement unit; the transceiver operable to transmit an electromagnetic wave; or the controller programmable with a virtual drill plan and configured to calculate a real-time three-dimensional position of the drill relative to the virtual drill plan. Although Steel et al. do disclose that inertial measurement units as placed on a drill boom are known in the art (col. 1, line 60). Nelson (US 2016/0215622) discloses an underground development drill boom tracking system comprising at least one reflector unit and transceiver which transmits and receives and electromagnetic wave (paragraphs 28, 31); and wherein a controller is configured to by means of the transceiver monitor a position via electromagnetic wave time-of-flight principles and provide an operator with the position. Nelson does not disclose at least one inertial measurement unit; or that the position measured is of the boom, but rather the drill rod movement relative to the boom. However, based on the prior art of record, it does not appear that one of ordinary at the time of effective filing would combine the prior art references to provide the claimed invention (as in instant claims 1, 16 or 17) without impermissible hindsight.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to D Andrews whose telephone number is (571)272-6558. The examiner can normally be reached M-F, 7-3.
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/D. ANDREWS/ Primary Examiner, Art Unit 3672
9/17/2026
