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 .
Status of Claims
This action is in reply to the Applicant’s claims, filed on 01/02/2026.
Claims 1-2, and 6-10 have been amended.
Claims 1-10 are currently pending and have been examined.
Response to Amendment
The amendment filed 01/02/2026 has been entered. Claims 1-10 remain pending in the application. Applicant’s amendments to the drawings, specification and claims have overcome the objections and rejections previously set forth in the Non-Final Office Action filed 07/01/2025.
Applicant did not amend claim 10 with respect to the 35 U.S.C. 112(b) rejection therefore that rejection remains and is repeated below.
Applicant's argument with respect to the prior art rejections of claims 1-10 has been considered and are partially persuasive; however, in view of the unchanged claims, new prior art and/or reasoning is necessary, and a Second Non-Final Office Action issued.
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.
Claim 10 is 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.
Claim 10 recites the limitation: special conduit. It is unclear what special properties are required to meet the claimed invention and what specific material or structure is needed; therefore, one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
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.
Claims 1-7, and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Krueger et al. (US6289998) in view of Brown (US3565191) and Mollatt (US11401792).
Claim 1. Krueger discloses: An apparatus for generating an high pressure fluid jet during drilling (abstract), the apparatus comprising: a drilling motor configured to enable rotation of the apparatus (130 mud motor, Fig. 2B); a housing (105 housing, Fig. 2A) structure comprising: a longitudinal axis; an upstream end connected with the drilling motor adapted to receive a drilling fluid (40a-b mud, Fig. 2B) therefrom; and a downstream end (105 outer housing is coupled to mud motor, has a longitudinal string axis, has upstream and downstream ends, and receives drilling fluid, Fig. 2A); a drill bit assembly connected at the downstream end of the housing structure (170 drill bit; Col. 4, lines 53-55), the drill bit assembly having a high-pressure fluid jet discharger (162 passage where high pressure is discharged, Col. 6, lines 37-39); and wherein the housing structure comprising: an oscillation tool configured to transfer a pressure energy from the received drilling fluid (200 pressure intensifier comprises of oscillation tool (225 rotatable housing and 227 non rotating valve sleeve) and 235 double acting piston that is actuated by the pressure of 40a-b mud, Fig. 2D), and the discharge means in the drill bit assembly to aid drilling efficiency in drilling applications (Col. 1, lines 54-55).
Krueger does not disclose: a closed loop hydraulic circuit and pressurize the closed loop hydraulic fluid circulating therein; a pressure intensifier pump connected downstream of the oscillation tool, configured to increase hydraulic pressure of the closed loop hydraulic fluid to a high pressure; and a pressure transfer tool connected downstream of the pressure intensifier pump, configured to transfer the high pressure from the closed loop hydraulic fluid to the low-pressure drilling fluid, thereby increasing the low-pressure drilling fluid to high pressure drilling fluid, without any communication between the drilling fluid, and closed loop hydraulic fluid and without requiring the drilling fluid to enter pressure intensifier pump; a hydraulic fluid reservoir, configured to compensate if there is any oil leak in the apparatus; wherein the closed loop hydraulic fluid operates in a closed loop between the oscillation tool, the pressure intensifier pump and the pressure transfer tool without any direct contact with the drilling fluid; wherein the high pressure of drilling fluid is directed to the discharger means in the drill bit assembly to aid drilling efficiency in drilling applications.
Brown discloses a system for a hydraulic jet drill used to drill holes adapted from oil well drilling, where the apparatus contains a closed loop hydraulic circuit with an oil reservoir driven by a pump. This circuit is configured to actuate a double acting intensifier that transfers high pressure to a jet fluid.
Brown teaches: a closed loop hydraulic circuit (hydraulic circuit comprising of 50 reservoir, 51 pump, conduits 52, 33, 34, 54, and 17 cylinder; Fig. 3, Col. 2, lines 41-45 and lines 52-58) and pressurize the closed loop hydraulic fluid circulating (51 pump provides pressure to hydraulic circuit, Fig. 3) therein; a pressure intensifier pump connected downstream of the oscillation tool (15 double acting intensifier, Fig. 2-3, would be connected downsteam of the oscillation tool as the oscillation tool of Krueger would operate as the pump to drive the hydraulic fluid in the closed loop system of Brown), configured to increase hydraulic pressure of closed loop hydraulic fluid (oil, Col. 2, line 41) to an high pressure (increase pressure, Col. 2, lines 63-64), without any communication between the drilling fluid and closed loop hydraulic fluid and without requiring the drilling fluid to enter pressure intensifier pump (as illustrated in Fig. 2 and 3, the closed loop hydraulic circuit is closed and drilling fluid does not communicate with the double acting intensifier); a hydraulic fluid reservoir (50 reservoir, Fig. 3), configured to compensate if there is any oil leak in the apparatus (inherent function of reservoir); wherein the closed loop hydraulic fluid operates in a closed loop between the oscillation tool, the pressure intensifier pump and the pressure transfer tool without any direct contact with the drilling fluid (as illustrated in Fig. 2 and 3, the closed loop hydraulic circuit is closed and drilling fluid does not communicate with the double acting intensifier); a hydraulic fluid reservoir (50 reservoir, Fig. 3); wherein the high pressure of drilling fluid is directed to the discharge means in the drill bit assembly to aid drilling efficiency in drilling applications (Col. 2, lines 67-70).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to substitute the closed loop hydraulic intensifier system of Brown for the intensifier of Krueger with a reasonable expectation of success and yield a closed loop intensifier system as taught by Brown (Fig. 3).
Krueger in view of Brown does not teach: a pressure transfer tool connected downstream of the pressure intensifier pump, configured to transfer the high pressure from the closed loop hydraulic fluid to the low-pressure drilling fluid, thereby increasing the low-pressure drilling fluid to high pressure drilling fluid, without any communication between the drilling fluid.
Mollatt discloses a system comprising of a dual acting pressure boosting liquid partition device for a closed hydraulic loop volume being capable of feeding and retracting a large amount of hydraulic fluid under high pressures to and from pressure transfer devices wherein the pressure transfer devices pump fluids with particles at high volumes and pressures.
Mollatt teaches: a pressure transfer tool connected downstream of the pressure intensifier pump, configured to transfer the high pressure from the closed loop hydraulic fluid to the low-pressure drilling fluid, thereby increasing the low-pressure drilling fluid to high pressure drilling fluid (1’ or 1” applies the high pressure of the intensifier to the low pressure drilling fluid; Col. 15, lines 37-40), without any communication between the drilling fluid and closed loop hydraulic fluid and without requiring the drilling fluid to enter pressure intensifier pump (as illustrated in Fig. 1, the closed loop hydraulic circuit is closed and drilling fluid does not communicate with the liquid partition device ); a hydraulic fluid reservoir (29’, 29” oil reservoir, Fig. 1).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate the pressure transfer system of Mollatt into the system of Krueger in view of Brown with a reasonable expectation of success and predictably transfer high pressures to the discharge fluid as taught by Mollat (Fig. 1).
Claim 2. Krueger in view of Brown and Mollatt teach: The apparatus as claimed in claim 1. Krueger teaches: the drilling applications include drilling of boreholes, perforations, fracing, stimulating oil and gas wells and drilling underground tunnels (Krueger: boreholes, abstract).
Claim 3. Krueger in view of Brown and Mollatt teach : The apparatus as claimed in claim 1. Brown further teaches: one or more of drilling fluid circulation paths (52 conduit, Fig. 3), and control valves (53 four-way valve, Fig. 3) and trigger valves (66a check valve, Fig. 3) to facilitate the flow of the closed loop hydraulic fluid within the apparatus (Fig. 3).
Claim 4. Krueger in view of Brown and Mollatt teach: The apparatus as claimed in claim 1. Krueger teaches: the oscillation tool is connected with a motor drive shaft (162 drive shaft, Fig. 2E) and a valve plate assembly (225 rotatable housing and 227 non rotating valve sleeve, Fig. 2D); wherein the valve plate assembly includes a stationary valve plate (227 non rotating sleeve, Fig. 2D) fixedly coupled to an upper outer housing (227 non rotating sleeve is coupled to 105, Fig. 2D) and a rotating valve plate 225 rotating sleeve, Fig. 2D) mounted and connected with a lower end of the motor drive shaft and rotates with the motor drive shaft (225 rotating sleeve is coupled to 162, Fig. 2A-2E); wherein the motor drive shaft is configured to rotate the complete downhole apparatus including lower outer housing, or the complete downhole apparatus excluding the lower outer housing, or in case the upper and lower housing are connected together, then the rotation is inside the housing only (Col. 4, lines 41-55).
Claim 5. Krueger in view of Brown and Mollatt teach: The apparatus as claimed in claim 4. Krueger teaches: the oscillation tool comprises: a piston (235 double acting piston, Fig. 2D) and a plunger (240a-b plunger, Fig. 2D) disposed in a cylinder (225 rotating housing, Fig. 2D) having an upper chamber (236a upper chamber, Fig 2D) and a lower chamber (236b lower chamber, Fig. 2D); a power conduit (232 inlet channel, Fig. 2F) for enabling a fluid communication between a power port (225a upper port, Fig. 2F) of the rotating valve plate and the upper chamber; a return conduit (231 outlet channel, Fig. 2F) for enabling a fluid communication between a return valve port (225b lower port, Fig. 2F) of the rotating valve plate and the lower chamber; an exhaust nozzle (250a upper check valve, Fig. 2D) provided with the upper chamber and another exhaust nozzle (250b lower check valve, Fig. 2D) provided with the lower chamber.
Claim 6. Krueger in view of Brown and Mollatt teach: The apparatus as claimed in claim 5. Krueger teaches: wherein an upward movement of the piston is adapted to displace the drilling fluid from the upper piston chamber through the exhaust nozzle (Col. 5, lines 6-28; Fig. 2D); wherein a downward movement of the piston is adapted to displace the drilling fluid from the lower piston chamber through another exhaust nozzle (Col. 5, lines 6-28; Fig. 2D); wherein the plunger is adapted to move upward and downwards in the direction of piston movements (Col. 5, lines 6-28; Fig. 2D). Krueger does not disclose: the downward movement of the plunger is adapted to pressurize the closed loop hydraulic fluid to form a medium pressurized closed loop hydraulic fluid, and the upward movement of the plunger is adapted to draw the closed loop hydraulic fluid to enter the cylinder; and wherein the medium pressure closed loop hydraulic fluid is directed to the pressure intensifier pump.
Brown further teaches: the downward movement of the plunger is adapted to pressurize the closed loop hydraulic fluid to form a medium pressurized closed loop hydraulic fluid tool (15 double acting intensifier, Fig. 2-3, would be connected downstream of the oscillation tool as the oscillation tool of Krueger would operate as the pump to drive the hydraulic fluid in the closed loop system of Brown; therefore as the oscillation tool reciprocates, the closed loop is pressurized; Col. 2, lines 41-62), and the upward movement of the plunger is adapted to draw the closed loop hydraulic fluid to enter the cylinder (Col. 2, lines 41-62); and wherein the medium pressure closed loop hydraulic fluid is directed to the pressure intensifier pump (Col. 2, lines 41-64).
Claim 7. Krueger in view of Brown and Mollatt teach: The apparatus as claimed in claim 1. Brown further teaches: the pressure intensifier pump comprises one or more piston assemblies including one or more intensifier pistons in respective piston chambers (30 piston and 17 cylinder, Fig. 2-3), one or more intensifier plungers in respective plunger cylinders (32a or 32b portions and 18a or 18b cylinder, Fig. 3), control valve (53 four way valve, Fig. 3) and trigger valve (66a check valve, Fig. 3); wherein the reciprocating motion of the piston assemblies is configured to cause each of the one or more plungers to reciprocate sequentially on an intake stroke, and a discharge stroke to supply the closed loop hydraulic fluid with an high pressure to flow to the pressure transfer tool (Col. 2, lines 17-24, 15-76 and Col. 3, lines 1-8).
Claim 10. Krueger discloses: An apparatus for generating an high pressure fluid jet during drilling, the apparatus comprising: a drilling motor to enable rotation of the apparatus; a housing structure having a longitudinal string axis, an upstream end connected with the drilling motor adapted to receive a drilling fluid therefrom and a downstream end, the housing structure comprising: an oscillation tool configured to transfer a pressure energy from the received drilling fluid, a drill bit assembly connected at the downstream end of the housing structure, the drill bit assembly having a high-pressure fluid jet discharger; wherein the housing structure having the oscillation tool and the intensifier pump connect directly to the bit through a special conduit and the high pressure of drilling fluid is directed to the discharger in the drill bit assembly to aid drilling efficiency in drilling applications (see previously rejected claim 1).
Krueger does not disclose: a closed loop hydraulic circuit and pressurize the closed loop hydraulic fluid circulating therein; a pressure intensifier pump connected downstream of the oscillation tool, configured to: receive the closed loop hydraulic fluid from the oscillation tool which is adapted to reciprocate a piston assembly using trigger valves and control valves, and meanwhile receive the drilling fluid in a corrosion-resistant plunger chamber area of the pressure intensifier pump where the hydraulic pressure of drilling fluid is increased to an high pressure; and a hydraulic fluid reservoir, configured to compensate if there is any oil leak in the apparatus.
Brown further teaches: a closed loop hydraulic circuit and pressurize the closed loop hydraulic fluid circulating therein; the oscillation tool which is adapted to reciprocate a piston assembly using trigger valves and control valves, and meanwhile receive the drilling fluid in a corrosion-resistant plunger chamber area of the pressure intensifier pump where the hydraulic pressure of drilling fluid is increased to an high pressure; and a hydraulic fluid reservoir, configured to compensate if there is any oil leak in the apparatus (see previously rejected claim 1).
Mollatt further teaches: a pressure intensifier pump connected downstream of the oscillation tool, configured to: receive the closed loop hydraulic fluid (see previously rejected claim 1).
Brown does not explicitly teach the limitation: corrosion resistant plunger chamber. Examiner takes Official Notice of using corrosion resistance materials or coatings on plunger (piston) chambers as the application of corrosion resistant materials or coatings is a well-known and routine practice to improve resistance to corrosion and wear. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to use a corrosion resistant material for the plunger chamber or coat the surface of the plunger chamber with a corrosion resistant material as such modification represents a predictable solution to a known problem using known techniques.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Krueger et al. (US6289998) in view of Brown (US3565191), Mollatt (US11401792) and further in view of Siegel (US4458766).
Claim 8. Krueger in view Brown and Mollatt teach: The apparatus as claimed in claim 1. Krueger in view of Brown and Mollatt does not teach: an attenuator connected with a passageway of the pressure intensifier pump, wherein the attenuator is configured to diminish effect of any significant drop in the pressure of the high pressure closed loop fluid by limiting the drop in high pressure discharge pressure; wherein the attenuator adapted to maintain high-pressure flow of closed loop hydraulic fluid during a non-pumping period at an end of a stroke when the pressure intensifier pump shifts direction and provide a constant high-pressure flow.
Brown teaches: the pressure intensifier pump, hydraulic fluid, and closed loop (see previously rejected claim 1).
Siegel discloses a hydrojet drilling apparatus comprising of a double acting intensifier, accumulator, and drilling head where the accumulator stabilizes and maintains a constant discharge pressure. Siegel teaches: an attenuator (58 accumulator, Fig. 2) connected with a passageway of the pump (Fig. 2), wherein the attenuator is configured to diminish effect of any significant drop in the pressure of the high pressure closed loop fluid by limiting the drop in high pressure discharge pressure (Col. 9, lines 53-55); wherein the attenuator adapted to maintain high-pressure flow of hydraulic fluid during a non-pumping period at an end of a stroke when the pressure pump shifts direction and provide a constant high-pressure flow (Col. 9, lines 60-69).
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 system of Kreuger with the accumulator of Siegel with a reasonable expectation of success in order to control the discharge fluid for consistent flow as suggested by Siegel (Col. 9, lines 53-69).
Allowable Subject Matter
Claim 9 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is an examiner’s statement of reasons for allowance:
Claim 9 reads on an apparatus for generating a high pressure fluid jet during drilling comprising of a drilling motor, a drill bit assembly, an oscillation tool, a pressure intensifier pump downstream of the oscillation tools, a pressure transfer tool downstream of the pressure intensifier pump, and a closed loop hydraulic system for directing a high pressure fluid to the drill bit.
The claimed invention has been examined in light of prior art, including relevant searches of published patent documents and other sources. Based upon this examination, no prior art has been identified that discloses or teaches the claimed invention in its entirety.
Specifically, none of the references disclosed in the prior art show or suggest the combination of a drilling motor, a drill bit assembly, an oscillation tool, a pressure intensifier pump downstream of the oscillation tools, a pressure transfer tool downstream of the pressure intensifier pump with piston assemblies, plungers, control valves and trigger valves; and a closed loop hydraulic system for directing a high pressure fluid to the drill bit. Therefore, these limitations in combination with the remainder of the claim, is deemed allowable.
For example, Krueger et al. (US6289998) in view of Brown (US3565191) and Mollatt (US11401792) discloses a drilling motor, a drill bit assembly, an oscillation tool, a pressure intensifier pump downstream of the oscillation tools, a pressure transfer tool downstream of the pressure intensifier pump and a closed loop hydraulic system for directing a high pressure fluid to the drill bit. The prior art does not disclose a pressure transfer tool downstream of the pressure intensifier pump with piston assemblies, plungers, control valves and trigger valves. The unique combination of elements recited in the claims results in a new and non-obvious solution that is not anticipated or rendered obvious by the cited references.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Daniel Craig whose telephone number is (571)270-0747. The examiner can normally be reached M-Thurs 7:30 AM to 5:00 PM CST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tara Schimpf can be reached at (571)270-7741. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DANIEL T CRAIG/Examiner, Art Unit 3676
/TARA SCHIMPF/Supervisory Patent Examiner, Art Unit 3676