DETAILED ACTION
Notice of 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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 10/10/2025 has been entered.
Response to Arguments
Claim Rejections - 35 USC § 103
The Applicant’s arguments regarding the rejection of claims 1, 12 and 16 has been considered and are not persuasive.
Regarding claims 1, 12 and 16, the Applicant argues that “According to the Examiner, the Jaaskelainen reference is alleged to teach a fiber optic cable that is itself a sensor that senses along its length. Applicant has reconsidered the teachings of Jaaskelainen and in particular the paragraphs referred to by the Examiner, and Applicant can find no such indication that Jaaskelainen is a sensing cable. The fiber optic cable of Jaaskelainen appears to merely transmit signals from sensors at its end. If the Examiner maintains the rejection based on Jaaskelainen, Applicant requests elaboration on and/or better evidence in support of the Examiner's position.” And further argues “the Examiner points to Jaaskelainen's paragraphs 0026, 0053, and 0061 to allegedly teach the electronic components as claimed in claim 1. However, a review of the paragraphs at issue and the entirety of the teaching of Jaaskelainen reveals that the fiber optic cable 134 is not a sensor. Instead, the sensors of Jaaskelainen are elements 142 and 143 at the bridge plug 140. Jaaskelainen does not teach a spirally embedded cable within a wall wherein the electronic cable is a sensor capable of collecting data at different data points along the length of the electronic cable. Flude and Vold are likewise deficient in this regard.”
The Examiner respectfully disagrees with the above arguments made. A review of the Jaaskelainen very clearly teaches the limitation “wherein the electronic cable is a sensor capable of collecting data at different data points along the length of the electronic cable”. The fiber optic cable 134 is a sensor as claimed because the fiber optic cable 134 experiences strain/perturbation at different data points along its length, i.e. the areas that have the EAT sensors 142 and 143. Those different effected points along the length of the fiber optic cable can provide data with respect to the signal that generated the perturbations as discussed in at least pp[0026] and shown in Fig. 2. A value of the measured pressure is extracted by receiving the optical signal resulting from the perturbation of the fiber optic cable 134 as discussed in at least pp[0029]. As such, the fiber optic cable 134 is “capable of collecting data at different data points along the length of the electronic cable”. This interpretation is in line with applicant’s own disclosure which discusses that “In a fiber optic version, the entirety of the length of the fiber optic strand/cable can form the sensor, with data points being available the entire length of the connected cable.” (pp[0069] of the instant specification). This is exactly how the fiber optic 134 cable of Jaaskelainen functions because the different perturbed points along the length of the fiber optic cable 134 provide data.
Furthermore, Jaaskelainen does not need to teach “spirally embedded cable within a wall” because this known arrangement for a cable is already taught by Vold (pp[0026]). This arrangement ensures that the cable is safely housed on the body and allows for slack in cable of different lengths to be taken up (pp[0026], Vold).
For the above reasons, the rejection to claims 1, 12 and 16 will be maintained.
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.
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.
Claim(s) 1, 3, 6-11, 16, 17, 19, 20, 23 and 24 are rejected under 35 U.S.C. 103 as being unpatentable over Flude (U.S. Patent No. 2224565) in view of Jaaskelainen (U.S. Patent No. 20200190976) and in further view of Vold (U.S. Publication No. 20040168794).
In regards to claim 1, Flude teaches a hole support tube (the combination of tubing 5 and 6; Fig. 1) for use in an industrial drilling operation (tubing 5 and 6 lines a drilled/penetrate borehole 3; Fig. 1 ,2), the hole support tube comprising:
an elongated body (tubing 5 and 6 are elongated bodies; Fig. 1, 2) sized , shaped, and adapted to fit within a geological hole (3), the body having a wall (outer surface of 6) extending from a first end of the body (the upper end near the surface at 4; Fig. 1) to a second end of the body (lower end of the borehole 3; Fig. 1), the wall having an outer surface (outer portion of 6 as shown; Fig. 1) and an inner surface (inner surface of 5), the inner surface defining a hollow interior of the body (inner surface 5 is hollow as shown; Fig. 2),
wherein the wall is made of a biodegradable material (6 can be paper, cardboard or fabric such that it eventually becomes disintegrated; Col. 1 lines 29-33, Col. 2 lines 26-35).
Flude is silent regarding an electronic component comprising an electronic cable and wherein the electronic component extends along the wall on or in the biodegradable material; and wherein the electronic cable is a sensor capable of collecting data at different data points along the length of the electronic cable
Jaaskelainen, drawn to introducing an encapsulated explosive unit into a casing located in a wellbore within the subterranean formation for perforation operation, discloses an electronic component (fiber optic sensing system 130 which utilizes electro acoustic technology (“EAT”) sensors and sensing technology comprising the fiber optical cable 134 at the location of the various EAT sensors (e.g., the pressure sensors 142 and the secondary sensors 143); pp[0024],[0026]) comprising an electronic cable (fiber optic cable 134 can include any combination of lines (e.g., optical, electrical, and hydraulic lines; pp[0025]) and wherein the electronic component extends along the wall on or in the casing (The fiber optic cable 134 can be located and extends outside the casing 122 and clamped before being cemented into position; pp[0024]); wherein the electronic cable is a sensor capable of collecting data at different data points along the length of the electronic cable (The fiber optic cable 134 experiences strain/perturbation at different data points along its length, i.e. the areas that have the EAT sensors 142 and 143. Those different effected points along the length of the fiber optic cable can provide data with respect to the signal that generated the perturbations; pp[0026], Fig. 2, A value of the measured pressure is extracted by receiving the optical signal resulting from the perturbation of the fiber optic cable 134; pp[0029]).
Therefore, it would have been considered obvious to one of ordinary skill in the art, before the effective filing date of the invention (AIA ) or at the time the invention was made (pre-AIA ), to have modified the biodegradable casing of Flude with the cable of Jaaskelainen such that pressure within the formation can be monitored to detect when a perforation has successfully occurred (Abstract, pp[0010], Jaaskelainen ).
In light of the modification above, the combination of Flude and Jaaskelainen discloses that the electronic component extends along the wall on or in the biodegradable material (The fiber optic cable 134 of Jaaskelainen will extend along the wall on the biodegradable tubing 6 of Flude.).
The combination of Flude and Jaaskelainen is silent regarding the electronic cable spirally embedded within the wall of the elongated body.
Vold, drawn to downhole monitoring system comprising a cable, teaches the electronic cable (cable 12; pp[0030], Fig. 5) spirally embedded within the wall of the elongated body (The cable is embedded within the wall of the spacer 10 via the cable groove 200; pp[0031], Fig. 5).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination such that the wall of the elongate body comprises spiral grooves, as taught by Vold, so that that the cable can be spirally embedded within the wall of the elongated body so that the cable is safely housed on the body and allows for slack in cable of different lengths to be taken up (pp[0026], Vold).
In regards to claim 3, the combination of Flude, Jaaskelainen and Vold teaches a hole support tube according to claim 1.
Jaaskelainen further discloses that the electronic cable comprises a fiber optic cable (fiber optic cable 134 can include any combination of lines (e.g., optical, electrical, and hydraulic lines; pp[0025]).
In regards to claim 6, Flude further teaches wherein the wall is at least partially cylindrical (tubing 5 and 6 are cylindrical tubulars; Figs. 1, 2).
In regards to claim 7, Flude further teaches wherein the biodegradable material comprises cellulose (strip 6 can be made from paper; Col.1, lines 36-37, Col. 2, lines 30-31).
In regards to claim 8, Flude further teaches wherein the biodegradable material comprises cardboard (strip 6 can be cardboard; Col. 2, lines 30-31).
In regards to claim 9, Flude further teaches wherein a majority of the wall is cardboard or cardboard composite material (strip 6 can be cardboard; Col. 2, lines 30-31).
In regards to claim 10, Flude further teaches wherein the body is sized, shaped, and configured to be used as a liner for a hole that has been drilled during geological exploration, production, or tunneling (the combination of tubing 5 and 6 lines bore hole 3; Fig. 1, 2. Col. 2 lines 15-35).
In regards to claim 11, Flude further teaches wherein the body has one or more of a length from about 2 meters to about 10 meters, a diameter or equivalent dimension of from about 95 mm to about 3.5 meters (the tube 5 and 6 can cover a 30 ft which is about 10 meters; Col. 1 lines 5-9, Col. 4, lines 26-29; The tubing can have a diameter between 2 and 6 inches; Col. 3, lines 42-44.).
In regards to claim 16, Flude teaches a method of performing an industrial drilling operation, the method comprising:
drilling a geological hole (bore hole 3; Fig. 1, 2);
inserting a hole support tube into the geological hole operation (tubing 5 and 6 lines a drilled/penetrate borehole 3; Fig. 1 ,2), the hole support tube comprising
an elongated body (tubing 5 and 6 are elongated bodies; Fig. 1, 2) sized , shaped, and adapted to fit within a geological hole (3), the body having a wall (outer surface of 6) extending from a first end of the body (the upper end near the surface at 4; Fig. 1) to a second end of the body (lower end of the borehole 3; Fig. 1), the wall having an outer surface (outer portion of 6 as shown; Fig. 1) and an inner surface (inner surface of 5), the inner surface defining a hollow interior of the body (inner surface 5 is hollow as shown; Fig. 2), wherein the wall is made of a biodegradable material (6 can be paper, cardboard or fabric such that it eventually becomes disintegrated; Col. 1 lines 29-33, Col. 2 lines 26-35);
performing a drilling operation (tubing 5 and 6 passes into a solid formation 7 and the charge of explosive 8 is shown as being deposited in the formation; Fig. 2, Col. 3 lines 1-3); and
leaving the hole support tube in the geological hole to biodegrade (6 can be paper, cardboard or fabric such that it eventually becomes disintegrated and does not need to be removed; Col. 1 lines 29-33, Col. 2 lines 26-35).
Flude is silent regarding the hole support tube comprises an electronic component comprising an electronic cable spirally embedded within the wall of the elongated body electronically monitoring a condition in the geological hole at different data points along the length of the electronic cable; and wherein the electronic cable is a sensor capable of collecting data at different data points along the length of the electronic cable.
Jaaskelainen, drawn to introducing an encapsulated explosive unit into a casing located in a wellbore within the subterranean formation for perforation operation, discloses an electronic component (fiber optic sensing system 130 which utilizes electro acoustic technology (“EAT”) sensors and sensing technology; pp[0024],[0026]) comprising an electronic cable to electronically monitoring a condition in the geological hole (The fiber optic cable 134 can be located and extends outside the casing 122 and clamped before being cemented into position; pp[0024]. Fiber optic cable 134 used to monitor pressure in the wellbore; pp[0061], Abstract) at different data points along the length of the electronic cable (The fiber optic cable 134 experiences strain/perturbation at different data points along its length, i.e. the areas that have the EAT sensors 142 and 143. Those different effected points along the length of the fiber optic cable can provide data with respect to the signal that generated the perturbations; pp[0026], Fig. 2, A value of the measured pressure is extracted by receiving the optical signal resulting from the perturbation of the fiber optic cable 134; pp[0029]); and wherein the electronic cable is a sensor capable of collecting data at different data points along the length of the electronic cable (The fiber optic cable 134 experiences strain/perturbation at different data points along its length, i.e. the areas that have the EAT sensors 142 and 143. Those different effected points along the length of the fiber optic cable can provide data with respect to the signal that generated the perturbations; pp[0026], Fig. 2).
Therefore, it would have been considered obvious to one of ordinary skill in the art, before the effective filing date of the invention (AIA ) or at the time the invention was made (pre-AIA ), to have modified the biodegradable casing of Flude with the cable of Jaaskelainen such that pressure within the formation can be monitored to detect when a perforation has occurred (Abstract, pp[0010], Jaaskelainen).
In light of the modification above, the combination of Flude and Jaaskelainen discloses that the electronic component extends along the wall on or in the biodegradable material (The fiber optic cable 134 of Jaaskelainen will extend along the wall on the biodegradable tubing 6 of Flude.).
The combination of Flude and Jaaskelainen is silent regarding the electronic cable spirally embedded within the wall of the elongated body.
The combination of Flude and Jaaskelainen is silent regarding the electronic cable spirally embedded within the wall of the elongated body.
Vold, drawn to downhole monitoring system comprising a cable, teaches the electronic cable (cable 12; pp[0030], Fig. 5) spirally embedded within the wall of the elongated body (The cable is embedded within the wall of the spacer 10 via the cable groove 200; pp[0031], Fig. 5).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination such that the wall of the elongate body comprises spiral grooves, as taught by Vold, so that that the cable can be spirally embedded within the wall of the elongated body so that the cable is safely housed on the body and allows for slack in cable of different lengths to be taken up (pp[0026], Vold).
In regards to claim 17, Flude further teaches that the drilling operation comprises one or more of further drilling, filling the hole support tube with explosive (tubing 5 and 6 passes into a solid formation 7 and the charge of explosive 8 is deposited in the formation; Fig. 2, Col. 3 lines 1-3).
Regarding claims 19 and 23, the combination of Flude, Jaaskelainen and Vold teaches a hole support tube according to claim 1 and method according to claim 16
In light of the modifications above, Jaaskelainen further discloses that the spirally embedded electronic cable forms a sensor capable of collecting data at different data points along the entire length of the electronic cable (Flude is modified with the fiber optic cable 134 of Jaaskelainen and will be spirally wound as taught by Vold. Jaaskelainen teaches the fiber optic cable 134 experiences strain/perturbation at different data points along its length, i.e. the areas that have the EAT sensors 142 and 143. Those different effected points along the length of the fiber optic cable can provide data with respect to the signal that generated the perturbations; pp[0026], Fig. 2, A value of the measured pressure is extracted by receiving the optical signal resulting from the perturbation of the fiber optic cable 134; pp[0029]).
Regarding claims 20 and 24, the combination of Flude, Jaaskelainen and Vold teaches a hole support tube according to claim 1 and method according to claim 23 .
Jaaskelainen further teaches the spirally embedded electronic cable forms a sensor system (134 forms a sensor system; pp[0026]), the sensor system being capable of sensing changes in vibration or temperature (Jaaskelainen teaches that the fiber optic cable 134 forms a sensor for monitoring parameters such as temperature and vibration; pp[0053], [0055], [0061]).
Claim(s) 12, 13, 15, 21 and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Flude (U.S. Patent No. 2224565) in view of Jaaskelainen (U.S. Patent No. 20200190976), Vold (U.S. Publication No. 20040168794) and in further view of Hanton et al. (U.S. Publication No. 20010047883).
In regards to claim 12, Flude teaches a hole support tube (the combination of tubing 5 and 6; Fig. 1) for use in an industrial drilling operation (tubing 5 and 6 lines a drilled/penetrate borehole 3; Fig. 1 ,2), the hole support tube comprising:
an elongated body (tubing 5 and 6 are elongated bodies; Fig. 1, 2) sized , shaped, and adapted to fit within a geological hole (3), the body having a wall (outer surface of 6) extending from a first end of the body (the upper end near the surface at 4; Fig. 1) to a second end of the body (lower end of the borehole 3; Fig. 1), the wall having an outer surface (outer portion of 6 as shown; Fig. 1) and an inner surface (inner surface of 5), the inner surface defining a hollow interior of the body (inner surface 5 is hollow as shown; Fig. 2), wherein the wall is made of a biodegradable material (6 can be paper, cardboard or fabric such that it eventually becomes disintegrated; Col. 1 lines 29-33, Col. 2 lines 26-35).
Flude is silent regarding an electronic component comprising an electronic cable, wherein the electronic cable is spirally wound around or within the wall and a drill bit at one end of the elongated body; and wherein the electronic cable is a sensor capable of collecting data at different data points along the length of the electronic cable.
Jaaskelainen, drawn to introducing an encapsulated explosive unit into a casing located in a wellbore within the subterranean formation for perforation operation, discloses an electronic component (fiber optic sensing system 130 which utilizes electro acoustic technology (“EAT”) sensors and sensing technology; pp[0024],[0026]) comprising an electronic cable (fiber optic cable 134 can include any combination of lines (e.g., optical, electrical, and hydraulic lines; pp[0025]), wherein the electronic cable extends along the wall of a casing (The fiber optic cable 134 can be located and extends outside the casing 122 and clamped before being cemented into position; pp[0024]); and wherein the electronic cable is a sensor capable of collecting data at different data points along the length of the electronic cable (The fiber optic cable 134 experiences strain/perturbation at different data points along its length, i.e. the areas that have the EAT sensors 142 and 143. Those different effected points along the length of the fiber optic cable can provide data with respect to the signal that generated the perturbations; pp[0026], Fig. 2, A value of the measured pressure is extracted by receiving the optical signal resulting from the perturbation of the fiber optic cable 134; pp[0029]).
Therefore, it would have been considered obvious to one of ordinary skill in the art, before the effective filing date of the invention (AIA ) or at the time the invention was made (pre-AIA ), to have modified the biodegradable casing of Flude with the cable of Jaaskelainen such that pressure within the formation can be monitored to detect when a perforation has successfully occurred (Abstract, pp[0010], Jaaskelainen ).
In light of the modification above, the combination of Flude and Jaaskelainen discloses that the electronic cable extends along the wall of the biodegradable material (The fiber optic cable 134 of Jaaskelainen will extend along the wall on the biodegradable tubing 6 of Flude.).
The combination of Flude and Jaaskelainen is silent regarding the electronic cable is spirally embedded within the wall and a drill bit at one end of the elongated body.
The combination of Flude and Jaaskelainen is silent regarding the electronic cable spirally embedded within the wall of the elongated body.
Vold, drawn to downhole monitoring system comprising a cable, teaches the electronic cable (cable 12; pp[0030], Fig. 5) spirally embedded within the wall of the elongated body (The cable is embedded within the wall of the spacer 10 via the cable groove 200; pp[0031], Fig. 5).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination such that the wall of the elongate body comprises spiral grooves, as taught by Vold, so that that the cable can be spirally embedded within the wall of the elongated body so that the cable is safely housed on the body and allows for slack in cable of different lengths to be taken up (pp[0026], Vold).
The combination of Flude, Jaaskelainen and Vold is silent regarding a drill bit at one end of the elongated body
Hanton, drawn to a downhole drilling apparatus comprising a casing, discloses a drill bit (drill bit 36; pp[0029], Fig. 1) at one end of the elongated body (casing 34; pp[0029], [0030], Fig. 1).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the hole support tube of the combination of Flude, Jaaskelainen and Vold with the drill bit of Hanton with a reasonable expectation of success as this is a cost effective alternative to conventional drilling, in that significant rig time is saved by minimizing the number of trips into and out of wellbore (pp[0030], Hanton).
In regards to claim 13, the combination of Flude, Jaaskelainen, Vold and Hanton teaches a hole support tube according to claim 12.
Jaaskelainen further teaches that the electronic cable comprises a fiber optic cable (fiber optic cable 134 can include any combination of lines (e.g., optical, electrical, and hydraulic lines; pp[0025])
In regards to claim 15, Flude further teaches wherein the wall comprises cardboard (6 can be paper, cardboard or fabric such that it eventually becomes disintegrated; Col. 1 lines 29-33, Col. 2 lines 26-35).
Regarding claim 21, the combination of Flude, Jaaskelainen, Vold and Hanton teaches a hole support tube according to claim 12.
In light of the modifications above, Jaaskelainen further discloses that the spirally embedded electronic cable forms a sensor capable of collecting data at different data points along the entire length of the electronic cable (Flude is modified with the fiber optic cable 134 of Jaaskelainen and will be spirally wound as taught by Vold. Jaaskelainen teaches the fiber optic cable 134 experiences strain/perturbation at different data points along its length, i.e. the areas that have the EAT sensors 142 and 143. Those different effected points along the length of the fiber optic cable can provide data with respect to the signal that generated the perturbations; pp[0026], Fig. 2, A value of the measured pressure is extracted by receiving the optical signal resulting from the perturbation of the fiber optic cable 134; pp[0029]).
Regarding claim 22, the combination of Flude, Jaaskelainen, Vold and Hanton teaches a hole support tube according to claim 21.
Jaaskelainen further teaches the spirally embedded electronic cable forms a sensor system (134 forms a sensor system; pp[0026]), the sensor system being capable of sensing changes in vibration or temperature (Jaaskelainen teaches that the fiber optic cable 134 forms a sensor for monitoring parameters such as temperature and vibration; pp[0053], [0055], [0061]).
Conclusion
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/LAMIA QUAIM/Examiner, Art Unit 3676