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 .
Applicants’ submission, filed 1/12/2026, has been entered. Claims 1-6, 8, 10-24, 26, and 28-31 are pending with claims 7, 9, 25, and 27 being previously cancelled.
Response to Amendment
Applicants’ response overcame the 112(b) rejection. Applicants’ drawing amendments provided a cross-section illustrating the disk shape. However the phrase “disk-shaped charge” does not appear in the specification.
The examiner attempted to contact applicants’ representative, Greg Parker, several times regarding a potential Examiner’s Amendment which would add the phrase” disk-shaped charge” to the specification and allow the case to move to allowance. On the examiner’s third call, the examiner was advised that Mr. Parker was out of the country and that no one else in the office could discuss this issue with the examiner.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: claims 1, 12-13, 18-19, and 29 recite a “disk-shaped charge”. The specification does not have any description of a “disk-shaped charge”. The shaped charge is illustrated in a cross-section view which shows a “disk” shape.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-6, 8, 10-24, 26, and 28-31 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claims 1, 12-13, 18-19, and 29 recite a “disk-shaped charge”. The specification does not have any description of a “disk-shaped charge”. The shaped charge is now illustrated in a cross-section view showing a “disk” shape.
Dependent claims 2-6, 8, 10-11, 14-17, 20-24, 26, 28, and 30-31 do not act to cure the deficiencies of parent claim 1 and are thereby rejected for at least the same rationale.
Allowable Subject Matter
Claims 1-6, 8, 10-24, 26, and 28-31 would be allowable if the above 112 rejection and the specification objection above are overcome.
The following is a statement of reasons for the indication of allowable subject matter.
Downhole cutters for tubulars, cabling and the like and associated structure/components are very well known in the art of drilling and completion operations. Representative art which appears close to the claimed invention includes Lin (US 20170122082), Voreck et al. (US 5597974), Betancourt et al. (US 20130061771), Barker et al. (US 20170241244), Marya et al. (US 20110094406), Ratanasirigulchai et al. (US 20050247450), Engel et al. (US 5046563), Bird (US 10538997), Benziger (US 448137), Schmid (US 5035843), Brooks (US 20130284441), Brooks (US 20110283872), Kneisl (US 201000060193), Bell (US 20030111220), and Yang et al. (US 20060075888). In general, this art, alone or in combination, discloses various recited features, including but not limited to, a shaped charge, a disk-shaped charge having opposing edges with a concave edge therebetween, circular openings with specific orientations, and a flyer plate. However, this art fails to disclose or fairly suggest the specifically combined structure as being claimed in the instant application. Specifically, the detailed structural positional relationships, when viewed in the context if the claimed shaped charge as recited, between the circular openings, the opposing sides and the flyer plate are not obvious in the art. It could be argued that the individual structure is generally known in the art and thus, could just be assembled and positioned to disclose the claimed invention. However, the instant invention clearly and specifically recites structural and positional relationships and combinations, which require a greater effort than just cobbling together known structures. Further, the claimed structures 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 apparatus 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
THIS ACTION IS MADE FINAL. 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 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
1/28/2026