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 .
Claim Objections
Claim 6 objected to because of the following informalities: Claim 6 recited “The tool of claim 3”, however claim 3 have been cancelled.
Appropriate correction is required.
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, 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 1, 6, 7, 10 - 13, 15, 16, 29, 32 - 35, 37, and 38 are rejected under 35 U.S.C. 103 as being unpatentable over US20160160619A1 (Randall) in view of US20100186944A1 (Hall).
In regards to claim 1 (Randall) shows:
A tool for use in well tubing, wherein the well tubing has an inner diameter, the tool substantially spanning a diameter of well tubing; Randall [0133] discloses: "The jetting assembly 50 is shown residing within a string of production casing 12. The production casing 12 may have, for example, a 4.5-inch O.D. (4.0-inch I.D.)." Randall [0192] discloses: "the jetting hose 1595 immediately preceding this point of casing exit "W" spans the entire I.D. of the production casing 12."
a battery cluster that includes a plurality of one or more batteries and associated conductors, wherein the battery cluster is disposed within the enclosure; Randall [0145] discloses: "An individual AA battery 1551 is shown in a sequence of end-to-end like batteries forming the battery pack 1550. Protection of the batteries 1551 is primarily via a battery pack casing 1540 which is sealed by an upstream battery pack end cap 1520 and a downstream battery pack end cap 1530." Randall [0169] discloses: "Visible in this figure are three wires 1590 extending away from the battery pack 1510."
an end cap disposed at one longitudinal end of the enclosure and configured to provide electrical connection between the tool and an adjacent tool longitudinally end-to-end to the tool; Randall [0146] discloses: "The upstream battery pack end cap 1520 has a conductive ring about a portion of its circumference. When the internal system 1500 is "docked" (i.e., matingly received into a docking station 325 of the external system 2000) the battery pack end cap 1520 can receive and transmit current and, thus, re-charge the battery pack 1550." Randall [0173] discloses: "The receptacle 328 provides matingly conductive contacts which line up with the upstream battery pack end cap 1520 to form a docking point. In this way, a transfer of data and/or electrical power (specifically, to recharge batteries 1551) can occur while "docked.""
wherein the end cap is configured to power the adjacent tool via power received from the battery cluster; Randall [0202] discloses: "Power to the wires is provided from the batteries 1551 (or battery pack 1550) of FIG. 3A." Randall [0203] discloses: "The current source for the wire 1616 wrapping the stator poles is derived through the 'bundled' electrical wires 1590 of the jetting hose 1595, and is thereby manipulated by the current regulator and micro-servo mechanism housed in the conically-shaped battery pack's (downstream) end-cap 1530."
Randall differs from the claimed invention in that it does not explicitly disclose an enclosure having an outer diameter that substantially spans the inner diameter of the well tubing; and the plurality of batteries are circumferentially spaced apart from one another within the enclosure.
Hall teaches an enclosure having an outer diameter that substantially spans the inner diameter of the well tubing; Hall [0025] teaches an independent tubular battery cage 301 disposed around a center mandrel 205 and covered by a tubular sleeve 304, the center mandrel 205 having a first end 203 and a second end 202 adapted to connect the downhole drill string component 201 to the drill string, whereby the outer diameter of the tubular battery enclosure substantially spans the inner diameter of the surrounding well tubing.
Hall teaches the plurality of batteries are circumferentially spaced apart from one another within the enclosure; Hall [0025] and [0030] teach that the independent tubular battery cage 301 disposed around the center mandrel 205 has five bays 303, each bay holding at least one battery 302, the bays being connected electrically in parallel and distributed circumferentially about the mandrel.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Randall and Hall to arrange the plurality of batteries circumferentially apart within an enclosure that substantially spans the inner diameter of the well tubing, with a reasonable expectation of success as both Randall and Hall address battery-powered downhole tools deployed within well tubing about a central fluid passage.
In regards to claim 6 (Randall) shows the tool of claim 1:
(Claim 6 depends from cancelled claim 3 and is additionally rejected under 35 U.S.C. 112(b) above; it is examined here as if amended to depend from claim 1.)
further comprising an electronics cluster; Randall [0166] discloses: "in one embodiment the interior of the downstream end-cap 1530 houses a micro-geo-steering system. The system may include a micro-transmitter, a micro-receiver, a micro-processor, and a current regulator."
In regards to claim 7 (Randall) shows the tool of claim 6:
wherein the battery cluster and the electronics cluster are arranged end-to-end; Randall [0145] discloses: "An individual AA battery 1551 is shown in a sequence of end-to-end like batteries forming the battery pack 1550. Protection of the batteries 1551 is primarily via a battery pack casing 1540 which is sealed by an upstream battery pack end cap 1520 and a downstream battery pack end cap 1530." Randall [0166] discloses: "in one embodiment the interior of the downstream end-cap 1530 houses a micro-geo-steering system. The system may include a micro-transmitter, a micro-receiver, a micro-processor, and a current regulator."
In regards to claim 10 (Randall) does not show: wherein the electronics cluster comprises at least one gauge and at least one module; wherein the gauge and module are radially adjacent;
Hall teaches wherein the electronics cluster comprises at least one gauge and at least one module; Hall [0026] teaches that the electronics assembly 213 disposed around the center mandrel 205 comprises temperature sensors and pressure transducers as gauges and a CPU as a module, thereby containing both at least one gauge and at least one module.
Hall teaches wherein the gauge and module are radially adjacent; Hall [0026] teaches that the electronics assembly 213, comprising the gauges and the module, is disposed around the center mandrel 205 adjacent to the tubular battery cage 301, thereby arranging the gauge and the module radially adjacent about the mandrel.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Randall and Hall to provide an electronics assembly having at least one gauge and at least one module arranged radially adjacent about the mandrel, with a reasonable expectation of success as both references address battery-powered downhole tools deployed within well tubing.
In regards to claim 11 (Randall) does not show: wherein the at least one gauge comprises a sensor;
Hall teaches wherein the at least one gauge comprises a sensor; Hall [0026] teaches that the electronics assembly 213 disposed around the center mandrel 205 comprises temperature sensors, such that the at least one gauge comprises a sensor.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Randall and Hall to provide the at least one gauge as a sensor, with a reasonable expectation of success as both references address battery-powered downhole tools deployed within well tubing.
In regards to claim 12 (Randall) shows the tool of claim 10:
wherein the at least one module is a communication module; Randall [0166] discloses: "in one embodiment the interior of the downstream end-cap 1530 houses a micro-geo-steering system. The system may include a micro-transmitter, a micro-receiver, a micro-processor, and a current regulator." Randall [0247] discloses: "An adjoining wireless transmitter within the docking station 325 then transmits the operator's desired commands to a wireless receiver housed within the end cap 1530 of the internal system 1500."
In regards to claim 13 (Randall) shows the tool of claim 1:
wherein the tool is configured to be concentric to a wellbore; Randall [0133] discloses: "The jetting assembly 50 is shown residing within a string of production casing 12. The production casing 12 may have, for example, a 4.5-inch O.D. (4.0-inch I.D.)." Randall [0269] discloses: "the external system 2000 has a maximum outer diameter constraint of 2.655″ and a preferred maximum outer diameter of 2.500″."
In regards to claim 15 (Randall) shows the tool of claim 1:
wherein the tool is pressure enclosed; Randall [0145] discloses: "An individual AA battery 1551 is shown in a sequence of end-to-end like batteries forming the battery pack 1550. Protection of the batteries 1551 is primarily via a battery pack casing 1540 which is sealed by an upstream battery pack end cap 1520 and a downstream battery pack end cap 1530." Randall [0147] discloses: "The battery pack end-caps 1520, 1530 may be threadedly attached to the battery pack casing 1540. The battery pack end-caps 1520, 1530 may be constructed of a highly erosive- and abrasive-resistant, high pressure material, such as titanium, perhaps even further protected by a thin, highly erosive- or abrasive-resistant coating, such as polycrystalline diamond."
In regards to claim 16 (Randall) shows the tool of claim 1:
wherein the tool is configured to allow for direct electrical connection to one or more adjacent tools; Randall [0146] discloses: "The upstream battery pack end cap 1520 has a conductive ring about a portion of its circumference. When the internal system 1500 is "docked" (i.e., matingly received into a docking station 325 of the external system 2000) the battery pack end cap 1520 can receive and transmit current and, thus, re-charge the battery pack 1550." Randall [0202] discloses: "Power to the wires is provided from the batteries 1551 (or battery pack 1550) of FIG. 3A."
In regards to claim 29 (Randall) shows:
A method of using a tool in well tubing, wherein the well tubing has an inner diameter, the method comprising: providing a tool that comprises; Randall [0133] discloses: "The jetting assembly 50 is shown residing within a string of production casing 12. The production casing 12 may have, for example, a 4.5-inch O.D. (4.0-inch I.D.)." Randall [0192] discloses: "the jetting hose 1595 immediately preceding this point of casing exit "W" spans the entire I.D. of the production casing 12."
a battery cluster that includes a plurality of batteries and associated conductors, wherein the battery cluster is disposed within the enclosure; Randall [0145] discloses: "An individual AA battery 1551 is shown in a sequence of end-to-end like batteries forming the battery pack 1550. Protection of the batteries 1551 is primarily via a battery pack casing 1540 which is sealed by an upstream battery pack end cap 1520 and a downstream battery pack end cap 1530." Randall [0169] discloses: "Visible in this figure are three wires 1590 extending away from the battery pack 1510."
an end cap disposed at one longitudinal end of the enclosure and configured to provide electrical connection between the tool and an adjacent tool longitudinally end-to-end to the tool; Randall [0146] discloses: "The upstream battery pack end cap 1520 has a conductive ring about a portion of its circumference. When the internal system 1500 is "docked" (i.e., matingly received into a docking station 325 of the external system 2000) the battery pack end cap 1520 can receive and transmit current and, thus, re-charge the battery pack 1550." Randall [0173] discloses: "The receptacle 328 provides matingly conductive contacts which line up with the upstream battery pack end cap 1520 to form a docking point. In this way, a transfer of data and/or electrical power (specifically, to recharge batteries 1551) can occur while "docked.""
wherein the end cap is configured to power the adjacent tool via power received from the battery cluster; Randall [0202] discloses: "Power to the wires is provided from the batteries 1551 (or battery pack 1550) of FIG. 3A." Randall [0203] discloses: "The current source for the wire 1616 wrapping the stator poles is derived through the 'bundled' electrical wires 1590 of the jetting hose 1595, and is thereby manipulated by the current regulator and micro-servo mechanism housed in the conically-shaped battery pack's (downstream) end-cap 1530."
transferring a signal from the tool to another tool arranged longitudinally end-to-end to the tool via the end cap, wherein the signal is a power signal; Randall [0202] discloses: "Power to the wires is provided from the batteries 1551 (or battery pack 1550) of FIG. 3A." Randall [0203] discloses: "The current source for the wire 1616 wrapping the stator poles is derived through the 'bundled' electrical wires 1590 of the jetting hose 1595, and is thereby manipulated by the current regulator and micro-servo mechanism housed in the conically-shaped battery pack's (downstream) end-cap 1530."
powering the other tool via power supplied by the battery cluster; Randall [0202] discloses: "Power to the wires is provided from the batteries 1551 (or battery pack 1550) of FIG. 3A." Randall [0169] discloses: "Visible in this figure are three wires 1590 extending away from the battery pack 1510."
Randall differs from the claimed invention in that it does not explicitly disclose an enclosure having an outer diameter that substantially spans the inner diameter of the well tubing; and the plurality of batteries are circumferentially spaced apart from one another within the enclosure.
Hall teaches an enclosure having an outer diameter that substantially spans the inner diameter of the well tubing; Hall [0025] teaches an independent tubular battery cage 301 disposed around a center mandrel 205 and covered by a tubular sleeve 304, the center mandrel 205 having a first end 203 and a second end 202 adapted to connect the downhole drill string component 201 to the drill string, whereby the outer diameter of the tubular battery enclosure substantially spans the inner diameter of the surrounding well tubing.
Hall teaches the plurality of batteries are circumferentially spaced apart from one another within the enclosure; Hall [0025] and [0030] teach that the independent tubular battery cage 301 disposed around the center mandrel 205 has five bays 303, each bay holding at least one battery 302, the bays being connected electrically in parallel and distributed circumferentially about the mandrel.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Randall and Hall to arrange the plurality of batteries circumferentially apart within an enclosure that substantially spans the inner diameter of the well tubing, with a reasonable expectation of success as both Randall and Hall address battery-powered downhole tools deployed within well tubing about a central fluid passage.
In regards to claim 32 (Randall) shows the method of claim 29:
wherein transferring the power signal comprises transferring power from a battery in the battery cluster via a conductor; Randall [0202] discloses: "Power to the wires is provided from the batteries 1551 (or battery pack 1550) of FIG. 3A." Randall [0176] discloses: "In the design of FIG. 3B-1, three columnar supports 1560 are used to house the wires 1590."
In regards to claim 33 (Randall) shows the method of claim 29:
wherein transferring the signal comprises transferring a data signal from an electronics cluster of the tool to the other tool; Randall [0245] discloses: "The wires 1590, 1590A, 1591 may be used to transmit geo-location data from the chip 1670 up to a micro-processor in the battery pack section 1550, and then wirelessly to a receiver located in the docking station (shown best at 325 in FIG. 4D-1 b), wherein the receiver communicates with the micro-processor in the docking station 325."
In regards to claim 34 (Randall) shows the method of claim 33:
wherein transferring the data signal comprises transferring data from a gauge and/or a communication module of the electronics cluster; Randall [0244] discloses: "The geo-spatial chip 1670 may comprise a two-axial or a three-axial accelerometer, a bi-axial or a tri-axial gyroscope, a magnetometer, or combinations thereof." Randall [0166] discloses: "in one embodiment the interior of the downstream end-cap 1530 houses a micro-geo-steering system. The system may include a micro-transmitter, a micro-receiver, a micro-processor, and a current regulator."
In regards to claim 35 (Randall) shows the method of claim 29:
wherein transferring the signal comprises directly transferring the signal to the other tool; Randall [0169] discloses: "Visible in this figure are three wires 1590 extending away from the battery pack 1510." Randall [0176] discloses: "In the design of FIG. 3B-1, three columnar supports 1560 are used to house the wires 1590."
In regards to claim 37 (Randall) shows the method of claim 29:
further comprising transferring a signal from the other tool to the tool; Randall [0245] discloses: "The wires 1590, 1590A, 1591 may be used to transmit geo-location data from the chip 1670 up to a micro-processor in the battery pack section 1550, and then wirelessly to a receiver located in the docking station (shown best at 325 in FIG. 4D-1 b), wherein the receiver communicates with the micro-processor in the docking station 325."
In regards to claim 38 (Randall) shows the method of claim 29:
wherein the other tool is a valve; Randall [0228] discloses: "it is the electromagnetic force generated by the rotor/stator system that must overcome the spring 1635 force to open hydraulic access to the rearward thrust jets 1613 (and 1713)." Randall [0233] discloses: "Movement of electrical current through the wires 1716 thus creates electro-magnetic forces in accordance with a DC rotor/stator system. Power to the wires is provided from the batteries 1551 of FIG. 3A."
Claims 39 and 40 are rejected under 35 U.S.C. 103 as being unpatentable over US20160160619A1 (Randall) in view of US20100186944A1 (Hall) and further in view of US20120006217A1 (Anderson).
In regards to claim 39 (Randall modified by Hall) does not show: wherein the other tool is a tubing conveyed perforation (TCP) gun;
Anderson teaches wherein the other tool is a tubing conveyed perforation (TCP) gun; Anderson [0029] discloses: "an elongate instrument body shown generally at 26 having an upper housing sub 28 within which is located a battery 30." Anderson [0029] further discloses: "The upper housing sub 28 also includes an externally threaded downwardly extending connector projection 34 to enable its physical and electronic coupling with other electronic components of the blast control system or instrument 24." Anderson [0030] discloses: "the uppermost one of one or more detonator blast joints containing a plurality of spaced detonators 38A, 38B and 38C which are selectively electrically initiated by means of electrical current from the storage battery 30 under circumstances where multiple safe parameters of the blast control have been met so that electrical initiation of the detonator is permitted."
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further combine Randall and Hall with Anderson to provide a tubing conveyed perforation (TCP) gun as the adjacent tool powered through the end connection, with a reasonable expectation of success as Anderson addresses battery-initiated downhole tools coupled end-to-end in a tool string.
In regards to claim 40 (Randall modified by Hall) does not show: wherein the other tool is a suspension device;
Anderson teaches wherein the other tool is a suspension device; Anderson [0025] discloses: "other downhole well service tools, such as packers, anchors, and other equipment may be run into a well casing together and selectively actuated in sequential manner via the use of the method and/or apparatus of the present invention."
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further combine Randall and Hall with Anderson to provide a suspension device such as a packer or anchor as the adjacent tool, with a reasonable expectation of success as Anderson addresses downhole service tools run together and selectively actuated within a well casing.
Response to Arguments
Applicant's amendments and arguments filed on June 5, 2026 have been fully considered but are not persuasive in view of the new grounds of rejection set forth above, which were necessitated by Applicant's amendment.
With respect to independent claims 1 and 29, the amendments now require a circumferential battery arrangement within a tubing-spanning enclosure. This subject matter is taught by Hall, which discloses an independent tubular battery cage disposed around a center mandrel with bays distributed circumferentially (Hall [0025], [0030]). The prior rejection over Randall alone is withdrawn and replaced with the rejection under 35 U.S.C. 103 over Randall in view of Hall set forth above.
Applicant's argument that a radially adjacent or circumferential battery arrangement is the product of impermissible hindsight is not persuasive, as Hall expressly discloses distributing battery cells circumferentially about a downhole tool's central mandrel (Hall [0025], [0030]). The rejection does not rely on rearranging Randall's end-to-end cells; rather, Hall supplies an express circumferential battery arrangement. Because Hall's tubular battery cage surrounds a central through-bore that accommodates fluid flow, the arrangement is compatible with a tool requiring axial fluid flow such as Randall's, and the proposed combination would not render Randall inoperable.
Claim 6 is additionally rejected under 35 U.S.C. 112(b) for depending from cancelled claim 3, as set forth above. The dependent claims stand rejected for the reasons given for their respective base claims.
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 ANWER AHMED ALAWDI whose telephone number is (703)756-1018. The examiner can normally be reached Monday - Friday 8:00 am - 5:30 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jack Chiang can be reached on (571)-272-7483. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANWER AHMED ALAWDI/Examiner, Art Unit 2851
/JACK CHIANG/Supervisory Patent Examiner, Art Unit 2851
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