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 .
DETAILED ACTION
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 17 December 2025 has been entered.
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 and 3 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 1, it is unclear whether “the holes” recited in line 23 refer to the holes drilled in the surrounding rock of the tunnel (see line 6) or to the holes that are drilled at a baffle wall (see lines 11 - 15).
Regarding claim 1, the limitation “drilling holes by the horizontal directional drilling” as recited in lines 11 - 15 renders the claim vague and indefinite because the term “by” can be interpreted in several ways, such as “near” or “using”. Therefore, it is not possible for Examiner to determine the metes and bounds of the claim(s).
Regarding claim 3, it is unclear whether “the holes” recited in line 1 refer to the holes drilled in the surrounding rock of the tunnel or to the holes that are drilled at a baffle wall.
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 (i.e., changing from AIA to pre-AIA ) 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, 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1 and 3 are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (CN 216841805) in view of Guo et al. (CN 104061017), Gong et al. (CN 109184754), An et al. (CN 213267935), Li et al. (CN 107387114), and McGillis (US 2004/0184885).
Regarding claim 1, Wang discloses a tunnel drainage method, comprising: for an established existing tunnel, laying a drainage pipe by horizontal directional drilling in surrounding rock of the tunnel; wherein the drainage pipe (3) is a horizontal perforated pipe, and underground water in the surrounding rock of the tunnel is discharged through the drainage pipe; drilling holes in the surrounding rock of the tunnel by the horizontal directional drilling along a longitudinal direction of the tunnel (tunnel structure 2), a horizontal directional drilling reamer is used for reaming to pull back and lay the drainage pipe; determining rows (the number can be set to other numbers; paragraphs 0033 and 0034) of the holes (1) according to an actual water yield of a water-rich stratum on site (paragraph 0034), wherein the rows each have holes; and a height of the holes at a bottommost row is determined according to an actual operating height required by a horizontal directional drill (paragraph 0032, 0035, and 0036) (Figs. 1 and 2; abstract; paragraphs 0018, 0030 - 0036, and 0051 - 0055). Wang fails to disclose the drainage pipe is corrugated; a position of the holes are distanced from a secondary lining of the tunnel; and an external drainage pipe is used to direct the underground water in the surrounding rock into side ditches of the tunnel for discharge; drilling holes by the horizontal directional drilling at a baffle wall of an emergency parking strip of the tunnel and a side tunnel, under an action of a guidance system of the horizontal directional drilling, wherein an angle and the direction of the drilling are controlled, the holes pass through the baffle wall of the emergency parking strip and the side wall of the transverse gallery for the vehicles to complete the operation of the horizontal directional drilling; and the angle of the drilling remains unchanged along a length of a longitudinal slope of the tunnel. Guo teaches a corrugated drainage pipe (abstract). It would have been considered obvious to one of ordinary skill in the art, prior to the effective filing date of the invention, to have substituted the corrugated drainage pipe as taught by Guo for the drainage pipe as disclosed above as a design consideration within the skill of the art. The substitution of one known element for another would have yielded predictable results to one of ordinary skill in the art prior to the effective filing date of the invention. KSR International Co. V. Teleflex Inc., 550 U.S. 82 USPQ2d 1385(2007). Guo fails to teach a position of the holes are distanced from a secondary lining of the tunnel; an external drainage pipe is used to direct the underground water in the surrounding rock into side ditches of the tunnel for discharge; drilling holes by the horizontal directional drilling at a baffle wall of an emergency parking strip of the tunnel and a side tunnel, under an action of a guidance system of the horizontal directional drilling, wherein an angle and the direction of the drilling are controlled, the holes pass through the baffle wall of the emergency parking strip and the side wall of the transverse gallery for the vehicles to complete the operation of the horizontal directional drilling; the angle of the drilling remains unchanged along a length of a longitudinal slope of the tunnel. Gong teaches a position of the holes (longitudinal blind drainage pipe 5) are distanced from a secondary lining (waterproof board and a geotextile 2) of the tunnel (tunnel lining 1) (Fig. 3; paragraph 0040). It would have been considered obvious to one of ordinary skill in the art, prior to the effective filing date of the invention, to have modified the method as disclosed above with the positioning of the holes at a distance from a secondary lining as taught by Gong to direct underground water in the surrounding rock away from the tunnel to prevent damage to the tunnel caused by weak soil. Gong fails to teach an external drainage pipe is used to direct the underground water in the surrounding rock into side ditches of the tunnel for discharge; drilling holes by the horizontal directional drilling at a baffle wall of an emergency parking strip of the tunnel and a side tunnel, under an action of a guidance system of the horizontal directional drilling, wherein an angle and the direction of the drilling are controlled, the holes pass through the baffle wall of the emergency parking strip and the side wall of the transverse gallery for the vehicles to complete the operation of the horizontal directional drilling; the angle of the drilling remains unchanged along a length of a longitudinal slope of the tunnel. An teaches an external drainage pipe (collecting pipe 2; connecting hose 3) is used to direct the underground water in the surrounding rock into side ditches (unlabeled ditch in which drain pipe 4 is located) for discharge (Figure; abstract; claim 1). It would have been considered obvious to one of ordinary skill in the art, prior to the effective filing date of the invention, to have modified the method as disclosed above with the external drainage pipe is used to direct the underground water in the surrounding rock into side ditches of the tunnel for discharge as taught by An to direct underground water away from the slope in which the tunnel is located to promote soil drainage adjacent the tunnel, thereby preventing damage to the tunnel caused by weak soil adjacent the tunnel. An fails to teach the drilling holes by the horizontal directional drilling at a baffle wall of an emergency parking strip of the tunnel and a side wall of a transverse gallery for vehicles, under an action of a guidance system of the horizontal directional drilling, wherein an angle and the direction of the drilling are controlled, the holes pass through the baffle wall of the emergency parking strip and the side wall of the transverse gallery for the vehicles to complete the operation of the horizontal directional drilling; and the angle of the drilling remains unchanged along a length of a longitudinal slope of the tunnel. Li teaches drilling holes (pressure relief bores 5) by the horizontal directional drilling at a baffle wall (the left sidewall of underground chamber 2) of an emergency parking strip (strip defined as the space formed in chamber 2) of the tunnel and a side wall (the right sidewall of underground chamber 2) of a transverse gallery (chamber 2), the holes (5) pass through the baffle wall of the emergency parking strip and the side wall of the transverse gallery (2) for the vehicles to complete the operation of the horizontal directional drilling; and the angle of the drilling remains unchanged along a length of a longitudinal slope of the tunnel (Figs. 1 and 2; abstract; paragraphs 0019 - 0033). It would have been considered obvious to one of ordinary skill in the art, prior to the effective filing date of the invention, to have modified the method as disclosed above with the step of drilling holes by the horizontal directional drilling at a baffle wall of an emergency parking strip of the tunnel and a side wall of a transverse gallery, the holes pass through the baffle wall of the emergency parking strip and the side wall of the transverse gallery for the vehicles to complete the operation of the horizontal directional drilling; and the angle of the drilling remains unchanged along a length of a longitudinal slope of the tunnel as taught by Li to keep the pressure rock integrity of the rock wall of the tunnel and to maintain bearing performance. Li fails to teach drilling holes under an action of a guidance system of the horizontal directional drilling, wherein an angle and direction of the drilling are controlled and the angle of the drilling remains unchanged along a length of a longitudinal slope of the tunnel. McGillis teaches the holes (hole in which pilot tube 61 is positioned) are drilled by horizontal directional drilling, under an action of a guidance system (target 59, LED pattern 62, theodolite 63, monitor 64, steering tip 58) of the horizontal directional drilling, an angle and a direction of the drilling are controlled and the angle of the drilling remains unchanged along a length of a longitudinal slope of the tunnel (Figs. 4a, 4b, and 4c; abstract; paragraphs 0010 and 0037 - 0041). It would have been considered obvious to one of ordinary skill in the art, prior to the effective filing date of the invention, to have modified the method as disclosed above with the use of a guidance system and the angle and direction of drilling as taught by McGillis to ensure the proper positioning and orientation of the pipe relative to the tunnel.
Regarding claim 3, Wang in view of Guo, Gong, An, Li, and McGillis discloses all of the claim limitation(s) except the holes have a diameter of 110-130 mm, and a diameter of the perforated corrugated pipe is 100-120 mm. Examiner takes the position that a diameter of the holes and a diameter of the perforated corrugated pipe lack criticality in the claims and are design considerations within the skill of the art based upon the size of the tunnel and the properties of the soil strata in which the tunnel and holes are located. A change in the size of a prior art device is a design consideration within the skill of the art. In re Rose, 220 F.2d 459, 105 USPQ 237 (CCPA 1955).
Response to Arguments
Applicant's arguments filed 17 December 2025 have been fully considered but they are not persuasive.
Applicant argues that the technical problem that Gong aims to solve is different from the amended claim 1. Examiner replies that the claimed invention is a method of draining a tunnel and Gong teaches a system and method for draining water from a tunnel. Since both the claimed invention of the present application and the apparatus and method as taught by Gong are both directed to draining water from a tunnel, it would have been obvious to one of ordinary skill in the art to look to Gong to teach a position of the hole is distanced from a secondary lining of the tunnel to direct water in the surrounding rock away from the tunnel to prevent damage to the tunnel caused by weak soil.
Applicant argues that although Gong disclosed the position of the holes should be kept at a certain distance from the secondary lining of the tunnel, its purpose and technical conception were not the same as those in claim 1 and, therefore, the technical features of claim 1 cannot be obtained by those skilled in the art based on the content disclosed by Gong. Examiner replies that the purpose of the holes as taught by Gong are to drain water away from a tunnel, which is identical to the purpose of the holes as claimed in the present application.
Applicant argues that the implementation scheme of claim 1 is different from that of McGillis because McGillis’s implementation scheme is drilling holes at a tunnel portal. Examiner replies that McGillis was only relied upon to teach a guidance system for controlling the angle and direction of drilling a borehole and the guidance system as taught by McGillis can be used to guide a borehole drilling operation regardless of where the hole is dug.
Applicant argues that McGillis was unable to achieve the effect of effectively discharge the groundwater behind the secondary lining of the tunnel. Examiner replies that McGillis was not relied upon to teach effectively discharging the groundwater behind the secondary lining of the tunnel. Examiner takes the position that McGillis was only relied upon to teach a guidance system for controlling the angle and direction of drilling a borehole
Applicant argues that the position of the rows in the claim 1 are completely different from the horizontal directional boreholes in Wang and the function of the rows in the claim are completely different from that of the horizontal directional boreholes in Wang. Examiner replies that although Wang teaches the horizontal boreholes are located at or below the level of the bottom wall of the tunnel (Fig. 1) whereas the rows of boreholes are located adjacent the sides of the tunnel (Fig. 3), the boreholes as taught by Wang serve the same function as the boreholes of the present application; the boreholes of both Wang and the present application are designed to direct/transport fluid away from the tunnel. Examiner notes that the claim(s) does not require the rows to be at a specific position relative to the tunnel.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SEAN D ANDRISH whose telephone number is (571)270-3098. The examiner can normally be reached Mon-Fri: 6:30 AM - 4:00 PM.
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/SEAN D ANDRISH/Primary Examiner, Art Unit 3678
SA
3/24/2026