DETAILED ACTION
The amendment filed 8/12/2025 has been entered.
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 .
Response to Arguments
The amendment filed 8/12/2025 overcomes the prior 102 rejection under Dinning with the claims reciting the outlet of the inner sleeve as at a terminal end. However, applicant’s arguments regarding the function of the spring of Dinning as not being a clutch as claimed are not persuasive. The spring of Dinning is considered a clutch as claimed since the spring necessarily exerts a force as claimed and the plunger must open and close as claimed in order to function as a plunger, and therefore the Dinning is considered to have a clutch as claimed. As the spring/clutch of Dinning is the only structure shown as providing any friction to the inner sleeve, and the inner sleeve does move as claimed during ascent and descent, the clutch necessarily applies friction as claimed.
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.
Claim(s) 1, 3-9, 20-23, 25-31, 42-51, 62-69 is/are rejected under 35 U.S.C. 103 as being unpatentable over Giacomino (US 7,314,080) in view of Dinning (US 6,045,335).
In regard to claim 1, Giacomino discloses a plunger for use in a well, comprising: an outer sleeve (20, as in fig 5/6) including a bore; an inner sleeve (40) having a first terminal end (top) and a second terminal end (bottom) and further including a bore having an inlet (at 48) and an outlet (at 45, col. 6, line 65 – col. 7, line 8), where the outlet of the bore is located at the first terminal end of the inner sleeve (at 45 as in fig 5/6); the inner sleeve located at least partially in the bore of the outer sleeve and adapted to move between an open position and a closed position (as in fig 5/6), wherein well liquids and gases are able to pass through the bore of the inner sleeve from the inlet to the outlet in the open position (as in fig 5) and substantially are not able to pass through the bore of the inner sleeve in the closed position (as in fig 6). Giacomino does not disclose a clutch for retarding movement of the inner sleeve between its open and closed position such that the clutch exerts sufficient force against the inner sleeve to maintain the inner sleeve in its closed position as the plunger ascends in the well and exerts sufficient force against the inner sleeve to maintain the inner sleeve in its open position as the plunger descends in the well.
Dinning discloses a plunger for use in a well including a clutch (160) for retarding movement of the inner sleeve between its open and closed position (as shown would provide friction between the inner and outer sleeve) such that the clutch exerts sufficient force against the inner sleeve to maintain the inner sleeve in its closed position as the plunger ascends in the well (as in fig 8, col. 5, lines 32-35; as 160 only component interacting with inner sleeve, and must remain closed during ascent to operate as desired) and exerts sufficient force against the inner sleeve to maintain the inner sleeve in its open position as the plunger descends in the well (as in fig 9, col. 5, lines 36-39, where must remain in the open position during descent to operate as desired). It would have been obvious to one of ordinary skill in the art to provide the plunger as taught by Giacomino with the clutch as taught by Dinning since combining prior art elements according to known methods to yield predictable results is considered obvious to one of ordinary skill.
In regard to claim 3, Giacomino discloses wherein the inlet of the bore in the inner sleeve includes one or more ports (48A-C) through which well liquids and gasses pass from the well into the bore of the inner sleeve when the inner sleeve is in its open position (as in fig 5).
In regard to claim 4, Dinning discloses wherein the clutch is located in an upper end of the plunger (160 as in fig 8).
In regard to claim 5, Dinning discloses wherein the clutch includes at least one leaf spring (73 as in fig 7 as may be used col. 10, lines 50-55).
In regard to claim 6, Dinning discloses wherein the clutch is adjustable to provide more or less retarding force on the movement of the inner sleeve between its open and closed position (col. 10, lines 60-67, as adjusted by alignment with recesses 115/116).
In regard to claim 7, Dinning discloses wherein the clutch includes a tension nut (112, as part of the clutch as biasing against 161 through 141 as in fig 8).
In regard to claim 8, Dinning discloses wherein the clutch includes a cage (131, as may be defined).
In regard to claim 9, Dinning discloses wherein the clutch includes a clutch locking ring (141, as may be defined).
In regard to claim 20, Giacomino discloses a plunger for use in a well, comprising: an outer sleeve (20, as in fig 5/6) including a bore; an inner sleeve (40) having a first terminal end (top) and a second terminal end (bottom) and further including a bore having an inlet (at 48) and an outlet (at 45, col. 6, line 65 – col. 7, line 8), where the outlet of the bore is located at the first terminal end of the inner sleeve (at 45 as in fig 5/6); the inner sleeve located at least partially in the bore of the outer sleeve and adapted to move between an open position and a closed position (as in fig 5/6), wherein well liquids and gases are able to pass through the bore of the inner sleeve from the inlet to the outlet in the open position (as in fig 5) and substantially are not able to pass through the bore of the inner sleeve in the closed position (as in fig 6). Giacomino does not disclose a clutch for retarding movement of the inner sleeve between its open and closed position such that the clutch maintains the inner sleeve in its closed position as the plunger ascends in the well and maintains the inner sleeve in its open position as the plunger descends in the well.
Dinning discloses a plunger for use in a well including a clutch (160) for retarding movement of the inner sleeve between its open and closed position (as shown would provide friction between the inner and outer sleeve) such that the clutch maintains the inner sleeve in its closed position as the plunger ascends in the well (as in fig 8, col. 5, lines 32-35; as 160 only component interacting with inner sleeve, and must remain closed during ascent to operate as desired) and maintains the inner sleeve in its open position as the plunger descends in the well (as in fig 9, col. 5, lines 36-39, where must remain in the open position during descent to operate as desired). It would have been obvious to one of ordinary skill in the art to provide the plunger as taught by Giacomino with the clutch as taught by Dinning since combining prior art elements according to known methods to yield predictable results is considered obvious to one of ordinary skill.
In regard to claim 21, Giacomino discloses a plunger for use in a well, comprising: an outer sleeve (20, as in fig 5/6) including a first bore; an inner sleeve (40) having a first terminal end (top) and a second terminal end (bottom) and further including a second bore having an inlet (at 48) and an outlet (at 45, col. 6, line 65 – col. 7, line 8), where the outlet of the second bore is located at the first terminal end of the inner sleeve (at 45 as in fig 5/6); wherein the inner sleeve is located at least partially in the bore of the outer sleeve and adapted to move between an open position and a closed position (as in fig 5/6), wherein well liquids and gases are able to pass through the bore of the inner sleeve from the inlet to the outlet in the open position (as in fig 5) and substantially are not able to pass through the bore of the inner sleeve in the closed position (as in fig 6). Giacomino does not disclose a clutch for retarding movement of the inner sleeve between its open and closed position such that the clutch exerts sufficient force against the inner sleeve to maintain the inner sleeve in its closed position as the plunger ascends in the well and exerts sufficient force against the inner sleeve to maintain the inner sleeve in its open position as the plunger descends in the well.
Dinning discloses a plunger for use in a well including a clutch (160) for retarding movement of the inner sleeve between its open and closed position (as shown would provide friction between the inner and outer sleeve) such that the clutch exerts sufficient force against the inner sleeve to maintain the inner sleeve in its closed position as the plunger ascends in the well (as in fig 8, col. 5, lines 32-35; as 160 only component interacting with inner sleeve, and must remain closed during ascent to operate as desired) and exerts sufficient force against the inner sleeve to maintain the inner sleeve in its open position as the plunger descends in the well (as in fig 9, col. 5, lines 36-39, where must remain in the open position during descent to operate as desired). It would have been obvious to one of ordinary skill in the art to provide the plunger as taught by Giacomino with the clutch as taught by Dinning since combining prior art elements according to known methods to yield predictable results is considered obvious to one of ordinary skill.
In regard to claim 22, Giacomino discloses wherein more well liquids and gases pass through the second bore than through the first bore when the inner sleeve is in its open position (as in fig 5 where substantially all fluids would pass through second bore).
In regard to claim 23, Giacomino discloses a plunger for use in a well, comprising: an outer sleeve (20, as in fig 5/6) including a bore; an inner sleeve (40) having a first terminal end (top) and a second terminal end (bottom) and further including a bore having an inlet (at 48) and an outlet (at 45, col. 6, line 65 – col. 7, line 8), where the outlet of the bore is located at the first terminal end of the inner sleeve (at 45 as in fig 5/6) and wherein the inner sleeve is located at least partially in the bore of the outer sleeve and adapted to move between an open position and a closed position (as in fig 5/6), wherein well liquids and gases are able to pass through the bore of the inner sleeve from the inlet to the outlet in the open position (as in fig 5) and substantially are not able to pass through the bore of the inner sleeve in the closed position (as in fig 6). Giacomino does not disclose a clutch for retarding movement of the inner sleeve between its open and closed position such that the clutch exerts sufficient force against the inner sleeve to maintain the inner sleeve in its closed position as the plunger ascends in the well and exerts sufficient force against the inner sleeve to maintain the inner sleeve in its open position as the plunger descends in the well.
Dinning discloses a plunger for use in a well including a clutch (160) for retarding movement of the inner sleeve between its open and closed position (as shown would provide friction between the inner and outer sleeve) such that the clutch exerts sufficient force against the inner sleeve to maintain the inner sleeve in its closed position as the plunger ascends in the well (as in fig 8, col. 5, lines 32-35; as 160 only component interacting with inner sleeve, and must remain closed during ascent to operate as desired) and exerts sufficient force against the inner sleeve to maintain the inner sleeve in its open position as the plunger descends in the well (as in fig 9, col. 5, lines 36-39, where must remain in the open position during descent to operate as desired). It would have been obvious to one of ordinary skill in the art to provide the plunger as taught by Giacomino with the clutch as taught by Dinning since combining prior art elements according to known methods to yield predictable results is considered obvious to one of ordinary skill.
In regard to claim 25, Giacomino discloses wherein the inlet of the inner sleeve includes one or more ports (48A-C) through which well liquids and gasses pass from the well into the bore of the inner sleeve when the inner sleeve is in its open position.
In regard to claim 26, Dinning discloses wherein the clutch is located in an upper end of the plunger (160 as in fig 8).
In regard to claim 27, Dinning discloses wherein the clutch includes at least one leaf spring (73 as in fig 7 as may be used col. 10, lines 50-55).
In regard to claim 28, Dinning discloses wherein the clutch is adjustable to provide more or less retarding force on the movement of the inner sleeve between its open and closed position (col. 10, lines 60-67, as adjusted by alignment with recesses 115/116).
In regard to claim 29, Dinning discloses wherein the clutch includes a tension nut (112, as part of the clutch as biasing against 161 through 141 as in fig 8).
In regard to claim 30, Dinning discloses wherein the clutch includes a cage (131, as may be defined).
In regard to claim 31, Dinning discloses wherein the clutch includes a clutch locking ring (141, as may be defined).
In regard to claim 42, Giacomino discloses a plunger for use in a well, comprising: an outer sleeve (20, as in fig 5/6) including a bore; an inner sleeve (40) having a first terminal end (top) and a second terminal end (bottom) and further including a bore having an inlet (at 48) and an outlet (at 45, col. 6, line 65 – col. 7, line 8), where the outlet of the bore is located at the first terminal end of the inner sleeve (at 45 as in fig 5/6) and wherein the inner sleeve is located at least partially in the bore of the outer sleeve and adapted to move between a first position and a second position (as in fig 5/6). Giacomino does not disclose a clutch for retarding movement of the inner sleeve between its first and second position such that the clutch exerts sufficient force against the inner sleeve to maintain the inner sleeve in its second position as the plunger ascends in the well and exerts sufficient force against the inner sleeve to maintain the inner sleeve in its first position as the plunger descends in the well.
Dinning discloses a plunger for use in a well including a clutch (160) for retarding movement of the inner sleeve between its first and second position (as shown would provide friction between the inner and outer sleeve) such that the clutch exerts sufficient force against the inner sleeve to maintain the inner sleeve in its second position as the plunger ascends in the well (as in fig 8, col. 5, lines 32-35; as 160 only component interacting with inner sleeve, and must remain closed during ascent to operate as desired) and exerts sufficient force against the inner sleeve to maintain the inner sleeve in its first position as the plunger descends in the well (as in fig 9, col. 5, lines 36-39, where must remain in the open position during descent to operate as desired). It would have been obvious to one of ordinary skill in the art to provide the plunger as taught by Giacomino with the clutch as taught by Dinning since combining prior art elements according to known methods to yield predictable results is considered obvious to one of ordinary skill.
In regard to claim 43, Giacomino discloses wherein well liquids and gases are able to pass through the bore of the inner sleeve from the inlet to the outlet in the open position (as in fig 5) and substantially are not able to pass through the bore of the inner sleeve in the closed position (as in fig 6).
In regard to claim 44, Giacomino discloses a plunger for use in a well, comprising: an outer sleeve (20, as in fig 5/6) including a bore; an inner sleeve (40) having a first terminal end (top) and a second terminal end (bottom) and further including a bore having an inlet (at 48) and an outlet (at 45, col. 6, line 65 – col. 7, line 8), where the inlet of the bore is located between the first terminal end and the second terminal end of the outer sleeve, and wherein the outlet of the bore is located at the first terminal end of the inner sleeve (at 45 as in fig 5/6); the inner sleeve located at least partially in the bore of the outer sleeve and adapted to move between an open position and a closed position (as in fig 5/6), wherein well liquids and gases are able to pass through the bore of the inner sleeve from the inlet to the outlet in the open position (as in fig 5) and substantially are not able to pass through the bore of the inner sleeve in the closed position (as in fig 6). Giacomino does not disclose a clutch for retarding movement of the inner sleeve between its open and closed position such that the clutch exerts sufficient force against the inner sleeve to maintain the inner sleeve in its closed position as the plunger ascends in the well and exerts sufficient force against the inner sleeve to maintain the inner sleeve in its open position as the plunger descends in the well.
Dinning discloses a plunger for use in a well including a clutch (160) for retarding movement of the inner sleeve between its open and closed position (as shown would provide friction between the inner and outer sleeve) such that the clutch exerts sufficient force against the inner sleeve to maintain the inner sleeve in its closed position as the plunger ascends in the well (as in fig 8, col. 5, lines 32-35; as 160 only component interacting with inner sleeve, and must remain closed during ascent to operate as desired) and exerts sufficient force against the inner sleeve to maintain the inner sleeve in its open position as the plunger descends in the well (as in fig 9, col. 5, lines 36-39, where must remain in the open position during descent to operate as desired). It would have been obvious to one of ordinary skill in the art to provide the plunger as taught by Giacomino with the clutch as taught by Dinning since combining prior art elements according to known methods to yield predictable results is considered obvious to one of ordinary skill.
In regard to claim 45, Giacomino discloses wherein the inlet of the bore in the inner sleeve includes one or more ports (48A-C) through which well liquids and gasses pass from the well into the bore of the inner sleeve when the inner sleeve is in its open position.
In regard to claim 46, Dinning discloses wherein the clutch is located in an upper end (160 as in fig 8) of the plunger.
In regard to claim 47, Dinning discloses wherein the clutch includes at least one leaf spring (73 as in fig 7 as may be used col. 10, lines 50-55).
In regard to claim 48, Dinning discloses wherein the clutch is adjustable to provide more or less retarding force on the movement of the inner sleeve between its open and closed position (col. 10, lines 60-67, as adjusted by alignment with recesses 115/116).
In regard to claim 49, Dinning discloses wherein the clutch includes a tension nut (112 as part of the clutch as biasing against 161 through 141 as in fig 8).
In regard to claim 50, Dinning discloses wherein the clutch includes a cage (131, as may be defined).
In regard to claim 51, Dinning discloses wherein the clutch includes a clutch locking ring (141, as may be defined).
In regard to claim 62, Giacomino discloses a plunger for use in a well, comprising: an outer sleeve (20, as in fig 5/6) including a bore; an inner sleeve (40) having a first terminal end (top) and a second terminal end (bottom) and further including a bore having an inlet (at 48) and an outlet (at 45, col. 6, line 65 – col. 7, line 8), where the outlet of the bore is located at the first terminal end of the inner sleeve (at 45 as in fig 5/6); the inner sleeve located at least partially in the bore of the outer sleeve and adapted to move between a first position and a second position (as in fig 5/6). Giacomino does not disclose a clutch for retarding movement of the inner sleeve between its first and second position.
Dinning discloses a plunger for use in a well including a clutch (160) for retarding movement of the inner sleeve between its first and second positions (as shown would provide friction between the inner and outer sleeve). It would have been obvious to one of ordinary skill in the art to provide the plunger as taught by Giacomino with the clutch as taught by Dinning since combining prior art elements according to known methods to yield predictable results is considered obvious to one of ordinary skill.
In regard to claim 63, Giacomino discloses wherein the inlet of the bore in the inner sleeve includes one or more ports (48A-C) through which well liquids and gasses pass from the well into the bore of the inner sleeve when the inner sleeve is in its open position (as in fig 5).
In regard to claim 64, Giacomino discloses wherein the inlet of the bore in the inner sleeve is located between the first terminal end and the second terminal end of the inner sleeve (as in fig 5/6).
In regard to claim 65, Dinning discloses wherein the clutch is adjustable to provide more or less retarding force on the movement of the inner sleeve between its open and closed position (col. 10, lines 60-67, as adjusted by alignment with recesses 115/116).
In regard to claim 66, Giacomino discloses a plunger for use in a well, comprising: an outer sleeve (20, as in fig 5/6) including a bore; an inner sleeve (40) having a first terminal end (top) and a second terminal end (bottom) and further including a bore having an inlet (at 48) and an outlet (at 45, col. 6, line 65 – col. 7, line 8), where the inlet of the bore is located between the first terminal end and the second terminal end of the inner sleeve (fig 5/6); the inner sleeve located at least partially in the bore of the outer sleeve and adapted to move between a first position and a second position (as in fig 5/6). Giacomino does not disclose a clutch for retarding movement of the inner sleeve between its first and second position.
Dinning discloses a plunger for use in a well including a clutch (160) for retarding movement of the inner sleeve between its first and second positions (as shown would provide friction between the inner and outer sleeve). It would have been obvious to one of ordinary skill in the art to provide the plunger as taught by Giacomino with the clutch as taught by Dinning since combining prior art elements according to known methods to yield predictable results is considered obvious to one of ordinary skill.
In regard to claim 67, Giacomino discloses wherein the outlet of the bore in the inner sleeve is located at the first terminal end of the inner sleeve (at 45).
In regard to claim 68, Giacomino discloses wherein the inlet of the bore in the inner sleeve includes one or more ports (48A-C) through which well liquids and gasses pass from the well into the bore of the inner sleeve when the inner sleeve is in its open position (as in fig 5).
In regard to claim 69, Dinning discloses wherein the clutch is adjustable to provide more or less retarding force on the movement of the inner sleeve between its open and closed position (col. 10, lines 60-67, as adjusted by alignment with recesses 115/116).
Allowable Subject Matter
Claims 10-19, 32-41, and 52-61 are 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.
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.
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/D. ANDREWS/Primary Examiner, Art Unit 3672
10/28/2025