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
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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 - 7 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, the phrase “geological conditions of a mine” as recited in line 4 renders the claim(s) vague and indefinite because the aforementioned limitation does not clearly define a set specific conditions. For example, “geological conditions” could refer to properties of the strata in which the mine is formed (i.e. types of minerals of which the strata is formed, porosity, etc.) or to other geological properties such as active or passive margins, fault lines, etc. Therefore, it is not possible for Examiner to determine the metes and bounds of the claim(s).
Regarding claim 1, the phrase “roof and floor conditions” as recited in line 4 renders the claim(s) vague and indefinite because the aforementioned limitation does not clearly define a set specific conditions. For example, “roof and floor conditions” could refer to the materials of which the roof and floor are made, the slope of the roof and floor, exposure to moisture, etc. Therefore, it is not possible for Examiner to determine the metes and bounds of the claim(s).
Regarding claim 1, the phrase “a mine pressure behavior law” as recited in line 6 renders the claim(s) vague and indefinite because the aforementioned limitation does not refer to or define a specific law. Therefore, it is not possible for Examiner to determine the metes and bounds of the claim(s).
Regarding claim 1, the phrase “planning a mining sequence” as recited in lines 6 - 7 renders the claim(s) vague and indefinite because the aforementioned limitation does not clearly define a set of specific steps of which the sequence is composed. Therefore, it is not possible for Examiner to determine the metes and bounds of the claim(s).
Regarding clam 1, it is unclear whether “an underground reservoir” as recited in lines 9 - 10 refers to one of the “one or more underground reservoirs” as recited in line 3 or if it represents an additional structural limitation.
Regarding claim 1, the use of the term “this” as recited in line 10 renders the claim(s) vague and indefinite because it is unclear as to which structural element or the term is referring. Structural elements or limitations should always be referred to by name.
Regarding claim 1, the use of the term “when” as recited in line 13 renders the claim(s) vague and indefinite because “when” indicates that the respective limitation is not required. Therefore, it is not possible for Examiner to determine the metes and bounds of the claim(s).
Regarding claim 1, the use of the term “it” as recited in line 14 renders the claim(s) vague and indefinite because it is unclear as to which structural element or limitation the term is referring. Structural elements and limitations should always be referred to by name.
Regarding claim 1, it is unclear how many layers Applicant intends to claim. Line 10 recites “this layer”, which requires a single layer. However, line 18 recites “each layer”, which indicates a plurality of layers.
Regarding claim 1, the phrase “among layers” as recited in line 19 is confusing because it is unclear if the aforementioned layers refer to a subset of the “each layers” as recited in line 18 or if they represent additional structural limitations.
Regarding claim 1, it is unclear whether “a downward water conveyance passageway” as recited in line 21 refers to the “downward water conveyance passageway” as recited in lines 16 - 17 or if it represents an additional structural limitation.
Regarding claim 1, it is unclear whether “a lowest layer” as recited in lines 21 - 22 refers to one of the layers associated with the limitation “each layer” as recited in line 18 or if it represents an additional structural limitation.
Regarding claim 1, the phrase “an anti-leakage treatment” as recited in line 26 renders the claim(s) vague and indefinite because the aforementioned limitation does not define a specific treatment (i.e. applying a sealant to the goaf or adding a layer of less porous material adjacent the goaf). Therefore, it is not possible for Examiner to determine the metes and bounds of the claim(s).
Regarding claim 3, the phrase “mining requirements and safety requirements” as recited in lines 3 - 4 renders the claim vague and indefinite because the aforementioned limitations do not define a set of specific mining requirements and a set of specific safety requirements. Therefore, it is not possible for Examiner to determine the metes and bounds of the claim.
There is insufficient antecedent basis for the following limitations in the claims:
Claim 1, line 11: “the rock strata”
Claim 1, line 13: “the underground reservoir”. It is unclear as to which of reservoirs the aforementioned limitation is referring.
Claim 1, line 14: “the underground reservoir”
Claim 1, lines 17 - 18: “the underground reservoir”
Claim 1, line 21: “the underground reservoir”
Claim 3, lines 2 - 3: “the underground reservoir”
Claim 3, line 4: “the underground reservoir”
Claim 4, lines 5 - 6: “the backfill columns”
Claim 5, line 3: “the underground reservoir”
Claim 5, line 4: “the rock stratum”. It is unclear whether the aforementioned limitation refers to one of the rock strata recite in line 11 of claim 1, from which claim 5 depends, or if it represents an additional structural limitation.
Claim 6, lines 2 - 3: “the underground reservoir”
Claim 7, line 3: “the reservoir”
Claim 7, line 4: “the sluice gate”. It is unclear as to which of the “sluice gates” recited in line 23 of claim 1, from which claim 7 depends, is referring.
Allowable Subject Matter
Claims 1 - 7 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.
Conclusion
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.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amber Anderson can be reached at 571-270-5281. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/SEAN D ANDRISH/Primary Examiner, Art Unit 3678
SA
7/27/2026
Prosecution Insights