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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, one or more fluid conduits arranged adjacent to the exterior surface of the first plurality of waveguides to cool the first plurality of waveguides (claim 9), the plasma trap comprising an electromagnet; a permanent magnet; a cavity of sufficient size to allow the electromagnetic wave to diverge; or a gas flow port (claim 22) and a second port on the enclosure coupled to a pressure relief valve (claim 24) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 2-6,10,14, 16-17 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 2-3,6,10 and 14 (which depend from claim 1) recite further limitations of the first plurality of waveguides and the second waveguide. However, the first plurality of waveguides and the second waveguide are not positively recited in claim 1. These limitations are recited as related to the intended use of the enclosure. Therefore, it is unclear in claims 2-3,6, and 10 and 14 if the applicant is intending to recite the first plurality of waveguides and the second waveguide in combination with the enclosure or just as part of the intended use of the enclosure.
Claim 4 recites “alternatively comprising one or more bends in place of the one or more miter bends.” Firstly, the term “alternatively” renders the claim indefinite as it is not because it is unclear whether the limitations following the phrase are part of the claimed invention see MPEP § 2173.05(d). Secondly, a dependent claim is required to have all the limitation of the claim it depends from. Claim 4 depends from claim 2 which recites one or miter bends. Therefore, the metes and bounds of claim 4 are unclear as claim 4 does not include the limitation one or more miter bends recited in claim 2.
Claim 5 depends from claim 3 and likewise is indefinite.
Claims 16-17 (which depend from claim 15) recite further limitations of the second mm wave emitter. However, claim 15 does not positively recite the second mm wave emitter. The second mm wave emitter is recited as related to the intended use of combinable unit. Therefore, it is unclear in claims 16-17 if the applicant is intending to recite the second wave emitter in combination with the combinable unit or just as part of the intended use of the combinable unit.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-7,10,18-21,23 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Woskov 20100252324.
Referring to claims 1 ,19 and 21, Woskov ‘324 (see fig. 1) discloses a system comprising :a millimeter (mm) wave emitter (10) configured to emit an electromagnetic wave in a first mode; and an enclosure (90) configured to receive the electromagnetic wave from the mm wave emitters via a first plurality of waveguides positioned between the mm wave emitter and the enclosure, the enclosure comprising a plurality of components ( window 90, see paragraph 0021 ) configured to manage transmission of the electromagnetic wave in the first mode to a second waveguide positioned relative to a borehole of a well to be formed via the electromagnetic wave transmitted through the second waveguide, the plurality of components comprising at least one of: at least first port ( where plumbing 110 enters 90) at which a gas is received (see paragraph 0022), at least one mirror configured to adjust a direction or a diameter of the electromagnetic wave provided to the second waveguide; a frequency sensor configured to sample the electromagnetic wave; at least one power measurement sensor configured to measure a power of the electromagnetic wave; at least one arc detector configured to detect an arc event responsive to transmitting the electromagnetic wave to the second waveguide; a cooled wire grid configured to direct electromagnetic radiation in the first mode reflected from the borehole away from the mm wave emitter; or a load cell provided on an exterior surface of the enclosure. Note for claim 21, this claim just recites further limitations for a non selected alternative. Therefore, these limitation are not given patentable weight.
Referring to claim 2, although the waveguides are not positively recited, Woskov ‘324 does disclose a first plurality of waveguides is coupled via one or more miter bends ( at 80).
Referring to claim 3, although the waveguides are not positively recited, Woskov ‘324 discloses the first plurality of waveguides including a plurality of corrugation features on an inner surface on each waveguide of the first plurality of waveguides and an inner surface of the one or more miter bends, the plurality of corrugation features configured to control a mode and a polarization of the electromagnetic wave as the electromagnetic wave propagates through the first plurality of waveguides (see paragraph 0009).
Referring to claim 4, as best understood by the examiner Woskov‘324 discloses one or more bends can be used in place of miter bends.
Referring to claim 5, Woskov ‘324 discloses a barrier window (see paragraph 0021) positioned between the mm wave emitter and the borehole, the barrier window configured to protect the mm wave emitter from a vacuum force or a pressure force.
Referring to claim 6, Woskov ‘324 discloses the first plurality of waveguides and/or the second waveguide are capable of including one or more tapered portions, wherein a first end of a tapered portion is adjacent to at least one miter bend and a second end of the tapered portion is opposite the first end, the first end having a larger diameter than the second end. (Note the waveguides is not positively recites so limitations related to the waveguides are not given patentable weight).
Referring to claim 7, Woskov ‘324 discloses the mm wave emitter (20) is positioned on a surface of earth through which the borehole of the well is formed, the enclosure is positioned (90) above the borehole of the well, and the electromagnetic wave is a millimeter electromagnetic wave.
Referring to claim 10, although the waveguides are not positively recited , Woskov‘324 does disclose the second waveguide (see fig. 3, at 230) is configured to translate into or out of the borehole along a stroke length.
Referring to claim 18, Woskov ‘324 discloses a pressure relief device (160) within the first plurality of waveguides, the pressure relief device arranged and configured to direct pressure away from the mm wave emitter.
Referring to claim 20, Woskov ‘324 discloses a diagnostic sampling device (70) coupled to the enclosure, the diagnostic sampling device configured to measure at least one of a temperature, a standoff, mode purity, plasma formation, and a geometry of the borehole (see paragraph 0020 can monitor temperature).
Referring to claim 23, Woskov ‘324 discloses the first port ( at 110) is configured to receive the gas from a gas source and to direct the gas into the borehole as a purge gas (see fig. 3, at 236), wherein the purge gas is configured follow a flow passage into the borehole, the purge gas configured to cool a downhole end of the flow passage, cool the downhole end of the flow passage, and carry cuttings up an annulus defined by the flow passage and the borehole (see fig. 3, at 246).
Claim(s) 1-5,7,8,15-17,19-20 is/are rejected under 35 U.S.C. 102a2 as being anticipated by Woskov 20250067171.
Referring to claims 1 and 19, Woskov ‘171 (see fig. 1) discloses a system comprising :a millimeter (mm) wave emitter (120) configured to emit an electromagnetic wave in a first mode; and an enclosure (see figure 1c, at 180) configured to receive the electromagnetic wave from the mm wave emitters via a first plurality of waveguides positioned between the mm wave emitter and the enclosure, the enclosure comprising a plurality of components configured to manage transmission of the electromagnetic wave in the first mode to a second waveguide positioned relative to a borehole of a well to be formed via the electromagnetic wave transmitted through the second waveguide, the plurality of components comprising at least one of: at least first port at which a gas is received, at least one mirror configured to adjust a direction or a diameter of the electromagnetic wave provided to the second waveguide; a frequency sensor (184) configured to sample the electromagnetic wave; at least one power measurement sensor configured to measure a power of the electromagnetic wave; at least one arc detector configured to detect an arc event responsive to transmitting the electromagnetic wave to the second waveguide; a cooled wire grid ( 183) configured to direct electromagnetic radiation in the first mode reflected from the borehole away from the mm wave emitter; or a load cell provided on an exterior surface of the enclosure.
Referring to claim 2, although the waveguides are not positively recited, Woskov ‘171 does disclose a first plurality of waveguides is coupled via one or more miter bends ( see fig. 2a at 210).
Referring to claim 3, although the waveguides are not positively recited, Woskov ‘171 discloses the first plurality of waveguides are capable of including a plurality of corrugation features on an inner surface on each waveguide of the first plurality of waveguides and an inner surface of the one or more miter bends, the plurality of corrugation features configured to control a mode and a polarization of the electromagnetic wave as the electromagnetic wave propagates through the first plurality of waveguides (see paragraph 0031).
Referring to claim 5, Woskov ‘171 discloses a barrier window (see paragraph 0046, at 220) positioned between the mm wave emitter and the borehole, the barrier window configured to protect the mm wave emitter from a vacuum force or a pressure force.
Referring to claim 7, Woskov ‘171 discloses the mm wave emitter (20) is positioned on a surface of earth through which the borehole of the well is formed, the enclosure is positioned (90) above the borehole of the well, and the electromagnetic wave is a millimeter electromagnetic wave.
Referring to claim 8, Woskov ‘171 discloses the direction of the electromagnetic wave provided to the second waveguide is adjusted via a mirror and the diameter of the electromagnetic wave is provided to the second waveguide is adjusted via a focusing mirror (see 2A at 210 and paragraph 0041).
Referring to claim 15, Woskov ’171 discloses a combiner unit (140) capable of being configured to couple a second mm wave emitter emitting a second electromagnetic wave in the first mode.
Referring to claim 16, Woskov ’171 discloses the system is capable of having a second mm wave emitter is configured to emit the second electromagnetic wave with a frequency different from the first electromagnetic wave. (Note the second mm wave emitter is not positively recites so limitations related to the second mm wave emitter are not given patentable weight.)
Referring to claim 17, Woskov ‘171 discloses the system is capable of having a second mm wave emitter that configured to emit the second electromagnetic wave with a polarization different from the first electromagnetic wave. (Note the second mm wave emitter is not positively recites so limitations related to the second mm wave emitter are not given patentable weight.)
Referring to claim 20, Woskov ‘171 discloses a diagnostic sampling device (160) coupled to the enclosure, the diagnostic sampling device configured to measure at least one of a temperature, a standoff, mode purity, plasma formation, and a geometry of the borehole (can monitor depth).
Claim(s) 1 ,14 and 18 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Phan et al. 20230008455.
Referring to claims 1, Phan (see fig. 1) discloses a system comprising :a millimeter (mm) wave emitter (102) configured to emit an electromagnetic wave in a first mode; and an enclosure (120) configured to receive the electromagnetic wave from the mm wave emitters via a first plurality of waveguides positioned between the mm wave emitter and the enclosure, the enclosure comprising a plurality of components ( window 120, see paragraph 0065 ) configured to manage transmission of the electromagnetic wave in the first mode to a second waveguide positioned relative to a borehole of a well to be formed via the electromagnetic wave transmitted through the second waveguide, the plurality of components comprising at least one of: at least first port ( where plumbing 124 enter 120) at which a gas is received (see paragraph 0066), at least one mirror configured to adjust a direction or a diameter of the electromagnetic wave provided to the second waveguide; a frequency sensor configured to sample the electromagnetic wave; at least one power measurement sensor configured to measure a power of the electromagnetic wave; at least one arc detector configured to detect an arc event responsive to transmitting the electromagnetic wave to the second waveguide; a cooled wire grid configured to direct electromagnetic radiation in the first mode reflected from the borehole away from the mm wave emitter; or a load cell provided on an exterior surface of the enclosure.
Referring to claim 14, although the waveguide is not positively recited, Phan discloses at least one waveguide of the first plurality of waveguides including an expansion joint configured to expand or contract responsive to thermal expansion or contraction of the at least one waveguide (see paragraph 0100).
Referring to claim 18, Phan discloses a pressure relief device (138) within the first plurality of waveguides, the pressure relief device arranged and configured to direct pressure away from the mm wave emitter.
Claim(s) 19 and 22 is/are rejected under 35 U.S.C. 102a2 as being anticipated by Woskov 20250060314.
Referring to claims 19, Woskov ‘314 (see fig. 1) discloses a system comprising :a millimeter (mm) wave emitter (120) configured to emit an electromagnetic wave in a first mode; and an enclosure (180) configured to receive the electromagnetic wave from the mm wave emitters via a first plurality of waveguides positioned between the mm wave emitter and the enclosure, the enclosure comprising a plurality of components ( which can include housing of element 180) configured to manage transmission of the electromagnetic wave in the first mode to a second waveguide positioned relative to a borehole of a well to be formed via the electromagnetic wave transmitted through the second waveguide, the plurality of components comprising at least one of: at least first port at which a gas is received, at least one mirror configured to adjust a direction or a diameter of the electromagnetic wave provided to the second waveguide; a frequency sensor configured to sample the electromagnetic wave; at least one power measurement sensor configured to measure a power of the electromagnetic wave; at least one arc detector configured to detect an arc event responsive to transmitting the electromagnetic wave to the second waveguide; a cooled wire grid configured to direct electromagnetic radiation in the first mode reflected from the borehole away from the mm wave emitter; or a load cell provided on an exterior surface of the enclosure or barrier window (see fig. 1, at 125).
Referring to claim 22, Woskov’314 discloses a plasma trap (127,131 and 190 in combination) configured to direct plasma away from the mm wave emitter, the plasma trap comprising an electromagnet; a permanent magnet; a cavity of sufficient size to allow the electromagnetic wave to diverge; or a gas flow port ( 127) arranged to direct plasma away from the mm wave emitter when gas is flowing through the gas flow port.
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) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Woskov 20100252324 in view of Haimson 3319109 .
Referring to claim 9, Woskov ‘324 does not disclose one or more fluid conduits arranged adjacent to the exterior surface of a first plurality of waveguides to cool the first plurality of waveguides. Haimson teaches it is known to attach one or more fluid conduits arranged adjacent to the exterior surface of a waveguides to cool a waveguides (see col. 4, lines 30-35). Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date to modify the system disclosed by Woskov ‘324 to have one or more fluid conduits arranged adjacent to the exterior surface of a first plurality of waveguides in view of the teachings of Haimson with a reasonable expectation of success in order to provide cooling to the waveguide.
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Woskov 20100252324 in view of Turkovskyi 20100001747 .
Referring to claim 11, Woskov ‘324 does not disclose an electrical breaker positioned between the mm wave emitter and the first plurality of waveguides, the electrical breaker configured to electrically isolate the mm wave emitter from the first plurality of waveguides. Turkovskyi teaches an electrical breaker (see fig. 1, at 3 and 8) positioned between the mm wave emitter (1) and a waveguide (5). Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date to modify the system disclosed by Woskov ‘324 to have an electrical breaker positioned between the mm wave emitter and the first plurality of waveguides, the electrical breaker configured to electrically isolate the mm wave emitter from the first plurality of waveguides in view of the teachings of the Turkovskyi with a reasonable expectation of success in order to protect the emitter from any surges.
Claim(s) 12-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Woskov 20100252324 in view of Hirata et al. 5929720.
Referring to claim 11, Woskov ‘324 does not disclose a matching optics unit (MOU) positioned between the mm wave emitter and a first waveguide of the first plurality of waveguides, the MOU configured to align the electromagnetic wave emitted from the mm wave emitter with an axis extending through the first waveguide of the first plurality of waveguides. Hirata discloses a matching optics unit (see fig. 1, at 100) positioned between a mm wave emitter and a waveguide where the MOU configured to align the electromagnetic wave emitted from the mm wave emitter with an axis extending through the waveguide. Hirata teaches matching unit helps to reduce the cost of the transmission system (see Abstract). Therefore, Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date to modify the system disclosed by Woskov ‘324 to have a matching optics unit positioned between the mm wave emitter and a first waveguide of the first plurality of waveguides, the MOU configured to align the electromagnetic wave emitted from the mm wave emitter with an axis extending through the first waveguide of the first plurality of waveguides in view of the teachings of Hirata with a reasonable expectation of success in order to reduce the cost of the system.
Referring to claim 13, Hirata discloses the MOU is coupled to an outlet of the mm wave emitter by a vacuum within the first plurality of waveguides, the vacuum retaining the MOU to an output of the mm wave emitter, the coupling configured to be broken when the first waveguide experiences a sufficiently large mechanical load to separate the MOU from the outlet of the mm wave emitter ( see col. 7, lines 40-58).
Claim(s) 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Woskov 20100252324 in view Reid 20120241009.
Referring to claim 24, Woskov’ 324 does not disclose the enclosure further comprises a second port coupled to a pressure relief valve. Reid teaches it is known in the art to couple a pressure relief valve to and enclosure to prevent overpressure (see paragraph 0005). Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date to modify the system disclosed by Woskov ‘324 to have the enclosure have a second port coupled to a pressure relief valve in view of the teachings of Reid with a reasonable expectation of success in order to protect against overpressure.
Claim(s) 25 and 28 is/are rejected under 35 U.S.C. 103 as being unpatentable over Woskov 20250067171 in view of Alvarez 20200325771.
Referring to claim 25, Woskov ‘171 discloses (see fig. 1C) receiving an electromagnetic wave by an enclosure (180, 181, and 182 in combination) from a first waveguide (130 to right of element 180);directing the electromagnetic wave, by the enclosure, into a second waveguide ( 120 to left of element 180) positioned relative to a borehole of a well to be formed via the electromagnetic wave transmitted through the second waveguide; and absorbing scattered electromagnetic radiation reflected from the borehole (see paragraph 0041). Woskov does not disclose the enclosure has a coating. Alvarez teaches using a coating can help to absorbed scattered reflected waves (see paragraph 0021). Therefore, it would be obvious to one of ordinary skill int eh art to modify the method disclosed by Woskov ‘171 for the enclosure to have a coating in view of the teaching of Alverez with a reasonable expectation of success in order to improve the absorption of the reflected waves.
Referring to claim 28, Woskov ‘171 discloses a frequency sensor, wherein the frequency sensor ( 184) is coupled to a computing device (160), the method further comprising: determining if a sampled frequency of the electromagnetic wave is within a predetermined range of values stored in a memory of the computing device (see paragraph 0060).
Claim(s) 25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cohn et al. 20250354489 in view of Alvarez 20200325771 .
Referring to claim 25, Cohn discloses (see fig. 1) receiving an electromagnetic wave by an enclosure (40) from a first waveguide ( element 30 );directing the electromagnetic wave, by the enclosure, into a second waveguide ( 30) positioned relative to a borehole of a well to be formed via the electromagnetic wave transmitted through the second waveguide. Cohn teaches the enclosure is use to protect the millimeter wave source (20) from reflections from the wellbore (see paragraph 0024) but does not disclose absorbing scattered electromagnetic radiation reflected from the borehole or the enclosure has a coating. Alvarez teaches using a coating can help to absorbed scattered reflected waves (see paragraph 0021). Therefore, it would be obvious to one of ordinary skill in the art to modify the method disclosed by Cohn to have a coating that absorbs scattered electromagnetic radiation reflected from the borehole in view of the teaching of Alverez with a reasonable expectation of success in order to protect the millimeter wave source.
Claim(s) 26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cohn et al. 20250354489 in view of Alvarez 20200325771, as applied to claim 25 and further in view of Tseliakhovich 20140354064 .
Referring to claim 26, Cohn discloses directing fluid through the enclosure ( see paragraph 0020, gas can be injected in enclosure can carry excess waves from the enclosure). Cohn does not disclose the flow passage is a conduit of material transparent to the electromagnetic wave or carrying excess power from the enclosure by the fluid. Tseliakhovich teaches using Teflon tubing filled with water or gas to remove excess heat from an enclosure (see paragraph 0033). Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date to modify the method disclosed by Cohn to have a conduit made of material transparent to the electromagnetic wave and carry excess power from the enclosure by the gas, in view of the teachings of Tseliakhovich with a reasonable expectation of success in order to remove excess heat from the enclosure.
Claim(s) 27 is/are rejected under 35 U.S.C. 103 as being unpatentable over Woskov 20250067171 in view of Alvarez 20200325771 as applied to claim 25 and further in view of Haimson 3319109 .
Referring to claim 27, Woskov ‘171 as modified, does not disclose the first waveguide or the second waveguide include a cooling mechanism on an exterior surface thereof, the method further comprising: removing heat generated by the electromagnetic wave. Haimson teaches it is known to attach one or more fluid conduits arranged adjacent to the exterior surface of a waveguides to cool a waveguides and prevent overheating (see col. 4, lines 30-35). Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date to modify the system disclosed by Woskov ‘171 to have the first waveguide or the second waveguide include a cooling mechanism on an exterior surface thereof, the method further comprising: removing heat generated by the electromagnetic wave in view of the teachings of Haimson with a reasonable expectation of success in order to provide cooling the waveguide and prevent overheating.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GIOVANNA WRIGHT whose telephone number is (571)272-7027. The examiner can normally be reached M-F 8 am- 5 pm.
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/Giovanna Wright/ Primary Examiner, Art Unit 3672