DETAILED ACTION
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 § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 and 6-8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mullins et al. (US 20080073123).
Regarding claim 1: Mullins discloses a steering head comprising an auger 620 (Fig. 13; [0065]). Mullins discloses a cutting bit 610 (Fig. 13; [0065]). Mullins discloses a body having an exterior surface extending from a forward end of the body to a rear end of the body (Fig. 13). Mullins discloses the body defining an interior volume between the forward end and the rear end, the auger being positioned in the interior volume so that the auger is rotatable within the volume about an axis that extends through the forward end and the rear end (Fig. 13; [0064], [0065]). Mullins discloses that the cutting bit is disposed at least partially forward of the forward end of the body and is attached to the auger (Fig. 13; [0064], [0065]). Mullins discloses that a first part of the exterior surface (surface at element number 612) defines a first maximum perimeter of the exterior surface about the axis between the forward end and a position rearward of the forward end and a second part of the exterior surface (surface uphole of element number 614) defines a second maximum perimeter about the axis between the position and the rear end of the body that does not extend beyond the first maximum perimeter radially with respect to the axis (Fig. 13). Mullins discloses that the second part defines a portion thereof extending from the rear end of the body to the position that is radially inward of the first maximum perimeter with respect to the axis (Fig. 13).
Regarding claim 2: Mullins discloses that the first part of the exterior surface is generally cylindrical, the second part of the exterior surface is generally cylindrical, and the generally cylindrical first part of the exterior surface has a general diameter perpendicular to the axis that is greater than a general diameter of the generally cylindrical second part of the exterior surface perpendicular to the axis (Fig. 13).
Regarding claim 6: Mullins discloses a steering head comprising an auger 620 (Fig. 13; [0065]). Mullins discloses a cutting bit 610 (Fig. 13; [0065]). Mullins discloses a body comprising an interior body having an exterior body surface extending from a forward end of the interior body to a rear end of the interior body (Fig. 13). Mullins discloses the interior body defining an interior volume between the forward end and the rear end, the auger being positioned in the interior volume so that the auger is rotatable within the volume about an axis that extends through the forward end and the rear end (Fig. 13; [0064], [0065]). Mullins discloses that the cutting bit is disposed at least partially forward of the forward end of the interior body and is attached to the auger (Fig. 13; [0064], [0065]). Mullins discloses an outer tube assembly 612 mounted on and outward of the interior body with respect to the axis comprising a first outer tube having a first inner side and a first outer side (Fig. 13; [0064], [0065]). Mullins discloses that the first outer side is outward of the first inner side with respect to the axis (Fig. 13; [0064], [0065]). Mullins discloses the first outer tube having a forward end and a rearward end and the first outer side (surface at element number 612) defining a first maximum perimeter about the axis between the forward end of the first outer tube and the rearward end of the first outer tube (Fig. 13; [0064], [0065]). Mullins discloses a second outer tube (tube uphole of element number 614) mounted on the body rearward of the first outer tube and having a second inner side and a second outer side, that the second outer side is outward of the second inner side with respect to the axis (Fig. 13; [0064], [0065]). Mullins discloses the second outer tube having a forward end and a rearward end (Fig. 13; [0064], [0065]). Mullins discloses the second outer side (surface uphole of element number 614) defining a second maximum perimeter about the axis between the forward end of the second outer tube and the rearward end of the second outer tube that does not extend beyond the first maximum perimeter radially with respect to the axis (Fig. 13; [0064], [0065]). Mullins discloses that the second outer side defines a portion thereof extending from the rearward end of the second outer tube to the forward end of the second outer tube that is radially inward of the first maximum perimeter with respect to the axis (Fig. 13; [0064], [0065]).
Regarding claim 7: Mullins discloses that the first outer side is generally cylindrical, the second outer side is generally cylindrical, and the generally cylindrical first outer side has a general diameter perpendicular to the axis that is greater than a general diameter of the generally cylindrical second external side perpendicular to the axis (Fig. 13).
Regarding claim 8: Mullins discloses that a center axis of the generally cylindrical first outer surface is parallel to a center axis of the generally cylindrical second outer surface (Fig. 13).
Claims 1-2 and 6-8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Harrison (US 20100065331).
Regarding claim 1: Harrison discloses a steering head comprising an auger 3 (Fig. 1; abstr.; [0056]). Harrison discloses a cutting bit 2 (Fig. 1; [0045]). Harrison discloses a body having an exterior surface extending from a forward end of the body to a rear end of the body (Fig. 1). Harrison discloses the body defining an interior volume between the forward end and the rear end, the auger being positioned in the interior volume so that the auger is rotatable within the volume about an axis that extends through the forward end and the rear end (Fig. 1). Harrison discloses that the cutting bit is disposed at least partially forward of the forward end of the body and is attached to the auger (Fig. 1). Harrison discloses that a first part 17 of the exterior surface defines a first maximum perimeter of the exterior surface about the axis between the forward end and a position rearward of the forward end and a second part 4 of the exterior surface defines a second maximum perimeter about the axis between the position and the rear end of the body that does not extend beyond the first maximum perimeter radially with respect to the axis (Fig. 1). Harrison discloses that the second part defines a portion thereof extending from the rear end of the body to the position that is radially inward of the first maximum perimeter with respect to the axis (Fig. 1).
Regarding claim 2: Harrison discloses that the first part of the exterior surface is generally cylindrical, the second part of the exterior surface is generally cylindrical and the generally cylindrical first part of the exterior surface has a general diameter perpendicular to the axis that is greater than a general diameter of the generally cylindrical second part of the exterior surface perpendicular to the axis (Fig. 1).
Regarding claim 6: Harrison discloses a steering head comprising an auger 3 (Fig. 1; abstr.; [0056]). Harrison discloses a cutting bit 2 (Fig. 1; [0045]). Harrison discloses a body comprising an interior body having an exterior body surface extending from a forward end of the interior body to a rear end of the interior body (Fig. 1). Harrison discloses the interior body defining an interior volume between the forward end and the rear end, the auger being positioned in the interior volume so that the auger is rotatable within the volume about an axis that extends through the forward end and the rear end (Fig. 1). Harrison discloses that the cutting bit is disposed at least partially forward of the forward end of the interior body and is attached to the auger (Fig. 1). Harrison discloses an outer tube assembly mounted on and outward of the interior body with respect to the axis comprising a first outer tube having a first inner side and a first outer side (Fig.1). Harrison discloses that the first outer side is outward of the first inner side with respect to the axis (Fig. 1). Harrison discloses the first outer tube having a forward end and a rearward end and the first outer side 17 defining a first maximum perimeter about the axis between the forward end of the first outer tube and the rearward end of the first outer tube (Fig. 1). Harrison discloses a second outer tube mounted on the body rearward of the first outer tube and having a second inner side and a second outer side, that the second outer side is outward of the second inner side with respect to the axis (Fig. 1). Harrison discloses the second outer tube having a forward end and a rearward end (Fig. 1). Harrison discloses the second outer side 4 defining a second maximum perimeter about the axis between the forward end of the second outer tube and the rearward end of the second outer tube that does not extend beyond the first maximum perimeter radially with respect to the axis (Fig. 1). Harrison discloses that the second outer side defines a portion thereof extending from the rearward end of the second outer tube to the forward end of the second outer tube that is radially inward of the first maximum perimeter with respect to the axis (Fig. 1).
Regarding claim 7: Harrison discloses that the first outer side is generally cylindrical, the second outer side is generally cylindrical, and the generally cylindrical first outer side has a general diameter perpendicular to the axis that is greater than a general diameter of the generally cylindrical second external side perpendicular to the axis generally cylindrical second part of the exterior surface perpendicular to the axis (Fig. 1).
Regarding claim 8: Harrison discloses that a center axis of the generally cylindrical first outer surface is parallel to a center axis of the generally cylindrical second outer surface (Fig. 1).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 of this title, 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 13-20 are rejected under 35 U.S.C. 103 as being unpatentable over Mullins et al. (US 20080073123) in view of Malcom (US 20130199852).
Mullins discloses the invention substantially as claimed and as discussed above.
Regarding claim 13: Mullins does not explicitly disclose one or more steering flaps disposed on the outer tube assembly and having a distal end, a first flap face facing radially inwardly toward the body surface and an opposing second flap face facing radially outwardly away from the axis, the one or more steering flaps being moveable between an extended position and a retracted position. Malcom discloses one or more steering flaps 50, 80 disposed on the outer tube assembly and having a distal end, a first flap face facing radially inwardly toward the body surface and an opposing second flap face facing radially outwardly away from the axis, the one or more steering flaps being moveable between an extended position and a retracted position (Figs. 1, 2, 5; [0050]). Before the effective filing date of the claimed invention, it would have been obvious to one having ordinary skill in the art and the benefit of the cited art to have configured the system of Mullins so as to include one or more steering flaps disposed on the outer tube assembly and having a distal end, a first flap face facing radially inwardly toward the body surface and an opposing second flap face facing radially outwardly away from the axis, the one or more steering flaps being moveable between an extended position and a retracted position as taught by Malcom. As Mullins and Malcom are both directed to steering heads, as steering flaps are very well-known in drilling arts, and as Malcom teaches a specific steering flap configuration, it would have been within routine skill to have selected a specific flap structure from a finite selection of flap structures (i.e. specifically positioned flaps). Such a simple substitution/addition and configuration would have been predictable with a reasonable expectation for success and no unexpected results.
Regarding claim 14: Mullins, as modified by Malcom, discloses a steering head comprising an auger 620 (Mullins - Fig. 13; [0065]). Mullins, as modified by Malcom, discloses a cutting bit 610 (Mullins - Fig. 13; [0065]). Mullins, as modified by Malcom, discloses a body having an exterior surface extending from a forward end of the body to a rear end of the body (Mullins - Fig. 13). Mullins, as modified by Malcom, discloses the body defining an interior volume between the forward end and the rear end, the auger being positioned in the interior volume so that the auger is rotatable within the volume about an axis that extends through the forward end and the rear end (Mullins - Fig. 13; [0064], [0065]). Mullins, as modified by Malcom, discloses that the cutting bit is disposed at least partially forward of the forward end of the body and is attached to the auger (Mullins - Fig. 13; [0064], [0065]). Mullins, as modified by Malcom, discloses that the body defines one or more openings extending inward from the exterior surface toward the axis (Malcom - Fig. 2; openings below flaps 50, 80). Mullins, as modified by Malcom, discloses one or more steering flaps 50, 80 respectively disposed in the one or more openings (Malcom - Figs. 1, 2, 5; [0050]). Mullins, as modified by Malcom, discloses each steering flap having a distal end, a first flap face facing radially inwardly toward the axis and an opposing second flap face facing radially outwardly away from the axis, each of the one or more steering flaps being moveable between an extended position in which the distal end extends away from the axis and a retracted position in which the steering flap, including its distal end, is received in its said opening (Malcom - Figs. 1, 2, 5; [0050]). Mullins, as modified by Malcom, discloses one or more hinges 70, each hinge connected to the exterior surface and the second flap face of a respective steering flap of the one or more steering flaps to thereby permit pivotal movement of the steering flap between the extended position and the retracted position (Malcom - Figs. 1, 2, 5; [0050]). Mullins, as modified by Malcom, discloses that the hinge is received in an opening in the exterior surface and an opening in the second flap face of the respective steering flap so that the hinge does not extend outward of the exterior surface, and does not extend outward of the second flap face of the respective steering flap, with respect to the axis (Malcom - Figs. 1, 2, 5; [0050]).
Regarding claim 15: Mullins, as modified by Malcom, discloses that the body comprises an interior body having an exterior body surface extending from a forward end of the interior body to a rear end of the interior body, the interior body defining the interior volume, and an outer tube assembly mounted on and outward of the interior body with respect to the axis, the outer tube assembly defining the exterior surface (Fig. 13).
Regarding claim 16: Mullins, as modified by Malcom, discloses that the outer tube assembly comprises a first outer tube having a first inner side and a first outer side, the first outer side being outward of the first inner side with respect to the axis and the first outer tube having a forward end and a rearward end, and wherein first outer tube defines the one or more openings (Mullins – Fig. 13; Malcom - Figs. 1, 2, 5; [0050]).
Regarding claim 17: Mullins, as modified by Malcom, discloses that each opening of the one or more openings has a depth so that the steering flap received in the opening, in its said retracted position, does not extend outward of the exterior surface with respect to the axis (Mullins – Fig. 13; Malcom - Figs. 1, 2, 5).
Regarding claim 18: Mullins, as modified by Malcom, discloses that each of the one or more steering flaps is biased towards the retracted position (Malcom – [0009]).
Regarding claim 19: Mullins, as modified by Malcom, discloses one or more hydraulic cylinders, that each hydraulic cylinder of the one or more hydraulic cylinders is disposed operatively between the body and a respective steering flap of the one or more steering flaps, the one or more hydraulic cylinders biasing the one or more steering flaps toward the retracted position (Malcom – [0008], [0010], [0019], [0056]).
Regarding claim 20: Mullins, as modified by Malcom, discloses only one hinge is used to attach each steering flap of the one or more steering flaps to the body (Malcom – [0009]).
Claims 13-20 are rejected under 35 U.S.C. 103 as being unpatentable over Harrison (US 20100065331) in view of Malcom (US 20130199852).
Harrison discloses the invention substantially as claimed and as discussed above.
Regarding claim 13: Harrison does not explicitly disclose one or more steering flaps disposed on the outer tube assembly and having a distal end, a first flap face facing radially inwardly toward the body surface and an opposing second flap face facing radially outwardly away from the axis, the one or more steering flaps being moveable between an extended position and a retracted position. Malcom discloses one or more steering flaps 50, 80 disposed on the outer tube assembly and having a distal end, a first flap face facing radially inwardly toward the body surface and an opposing second flap face facing radially outwardly away from the axis, the one or more steering flaps being moveable between an extended position and a retracted position (Figs. 1, 2, 5; [0050]). Before the effective filing date of the claimed invention, it would have been obvious to one having ordinary skill in the art and the benefit of the cited art to have configured the system of Harrison so as to include one or more steering flaps disposed on the outer tube assembly and having a distal end, a first flap face facing radially inwardly toward the body surface and an opposing second flap face facing radially outwardly away from the axis, the one or more steering flaps being moveable between an extended position and a retracted position as taught by Malcom. As Harrison and Malcom are both directed to steering heads, as steering flaps are very well-known in drilling arts, and as Malcom teaches a specific steering flap configuration, it would have been within routine skill to have selected a specific flap structure from a finite selection of flap structures (i.e. specifically positioned flaps). Such a simple substitution/addition and configuration would have been predictable with a reasonable expectation for success and no unexpected results.
Regarding claim 14: Harrison, as modified by Malcom, discloses a steering head comprising an auger 3 (Harrison - Fig. 1; abstr.; [0056]). Harrison, as modified by Malcom, discloses a cutting bit 2 (Harrison - Fig. 1; [0045]). Harrison, as modified by Malcom, discloses a body having an exterior surface extending from a forward end of the body to a rear end of the body (Fig. 1). Harrison, as modified by Malcom, discloses the body defining an interior volume between the forward end and the rear end, the auger being positioned in the interior volume so that the auger is rotatable within the volume about an axis that extends through the forward end and the rear end (Harrison - Fig. 1). Harrison, as modified by Malcom, discloses that the cutting bit is disposed at least partially forward of the forward end of the body and is attached to the auger (Harrison - Fig. 1). Harrison, as modified by Malcom, discloses that the body defines one or more openings extending inward from the exterior surface toward the axis (Malcom - Fig. 2; openings below flaps 50, 80). Harrison, as modified by Malcom, discloses one or more steering flaps 50, 80 respectively disposed in the one or more openings (Malcom - Figs. 1, 2, 5; [0050]). Harrison, as modified by Malcom, discloses each steering flap having a distal end, a first flap face facing radially inwardly toward the axis and an opposing second flap face facing radially outwardly away from the axis, each of the one or more steering flaps being moveable between an extended position in which the distal end extends away from the axis and a retracted position in which the steering flap, including its distal end, is received in its said opening (Malcom - Figs. 1, 2, 5; [0050]). Harrison, as modified by Malcom, discloses one or more hinges 70, each hinge connected to the exterior surface and the second flap face of a respective steering flap of the one or more steering flaps to thereby permit pivotal movement of the steering flap between the extended position and the retracted position (Malcom - Figs. 1, 2, 5; [0050]). Harrison, as modified by Malcom, discloses that the hinge is received in an opening in the exterior surface and an opening in the second flap face of the respective steering flap so that the hinge does not extend outward of the exterior surface, and does not extend outward of the second flap face of the respective steering flap, with respect to the axis (Malcom - Figs. 1, 2, 5; [0050]).
Regarding claim 15: Harrison, as modified by Malcom, discloses that the body comprises an interior body having an exterior body surface extending from a forward end of the interior body to a rear end of the interior body, the interior body defining the interior volume, and an outer tube assembly mounted on and outward of the interior body with respect to the axis, the outer tube assembly defining the exterior surface (Fig. 1).
Regarding claim 16: Harrison, as modified by Malcom, discloses that the outer tube assembly comprises a first outer tube having a first inner side and a first outer side, the first outer side being outward of the first inner side with respect to the axis and the first outer tube having a forward end and a rearward end, and wherein first outer tube defines the one or more openings (Harrison – Fig. 1; Malcom - Figs. 1, 2, 5; [0050]).
Regarding claim 17: Harrison, as modified by Malcom, discloses that each opening of the one or more openings has a depth so that the steering flap received in the opening, in its said retracted position, does not extend outward of the exterior surface with respect to the axis (Harrison – Fig. 1; Malcom - Figs. 1, 2, 5).
Regarding claim 18: Harrison, as modified by Malcom, discloses that each of the one or more steering flaps is biased towards the retracted position (Malcom – [0009]).
Regarding claim 19: Harrison, as modified by Malcom, discloses one or more hydraulic cylinders, that each hydraulic cylinder of the one or more hydraulic cylinders is disposed operatively between the body and a respective steering flap of the one or more steering flaps, the one or more hydraulic cylinders biasing the one or more steering flaps toward the retracted position (Malcom – [0008], [0010], [0019], [0056]).
Regarding claim 20: Harrison, as modified by Malcom, discloses only one hinge is used to attach each steering flap of the one or more steering flaps to the body (Malcom – [0009]).
Allowable Subject Matter
Claims 3-5 and 9-12 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter.
Underground boring machines including steering heads and their various structures are very well known in the art. Representative art which appears close to the claimed invention includes Mullins et al. (US 20080073123), Harrison (US 20100065331), Malcom (US 20130199852), Rowekamp (US 5386878), Hemmati et al. (US 20210025128), McGinn et al. (US 9650833), Assenza (US 5873421), Cherrington (US 4091631), and Barnes (US 3945443). In general, this art, alone or in combination, discloses various recited features, including but not limited to, a steering head, an auger, a cutting bit, a boring machine, a body having exterior and interior surface, the body defining a volume to house an auger, the body defining first and second perimeters wherein the second perimeter is radially inward of the first perimeter, steering flaps, opening in the body for the steering flaps and hinges for the steering flaps. However, this art fails to disclose or fairly suggest the specifically combined structure regarding the positional and operational relationships between the body surfaces, covers, and conduits. It could be argued that as various underground boring systems and structure are generally known, such could just be combined and re-configured to disclose the claimed invention. However, the instant invention clearly and specifically recites specific structure and operational relationships and combinations, which require a greater effort than just cobbling together known systems/structures. Further, the claimed systems, structures, and operational relationships are sufficiently detailed to be distinguishable when configured as claimed. The examiner can find no motivation to combine or modify the references which would define a fully functioning system as claimed in the instant application. Thus, it would not have been within routine skill to glean the specifically combined limitations of the instant invention, from the art, without the benefit of hindsight reasoning or extensive experimentation.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TARAS P BEMKO whose telephone number is (571)270-1830. The examiner can normally be reached on Monday-Friday 8:00-5:00 (EDT/EST).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nicole Coy can be reached on 571-272-5405. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Taras P Bemko/
Primary Examiner, Art Unit 3672
2/27/2026