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
Applicant’s amendments and response of 6/3/26 have resolved the previously presented specification objection and 112(b) rejections of the Office Action of 2/26/26.
The rejection below has been necessitated by applicant’s amendments, including the incorporation and/or reinterpretation of previously presented reference(s). The examiner, pre-emptively wishes to address applicant’s arguments, to the extent that they are still applicable to the rejection(s) below.
The examiner has drawn sealing bodies 23/25 to the recited “sealing bearing rings”. Applicant argues the material construction of these rings. This argument is moot in view of the modification of these sealing bodies in view of Bjorgum (WO 2017076869 A1). Although, the examiner notes disagreement with the purposed disavowal applicant has articulated as to the material which the sealing bearing ring must be made of. Bjorgum renders obvious the construction of seal bodies using non-elastomeric materials.
Second applicant argues that the seal bodies 23/25 provide “only a sealing function” and does not provide any “bearing” functionality. It is unclear why applicant believes this to be the case. The definition of “bearing” (see https://www.merriam-webster.com/dictionary/bearing) is broadly defined as, “an object, surface, or point that supports”. The bodies 23/25 certainly directly contact and thus in some way, broadly and reasonably, perform function to “support” the plug—in however a minor way. The claim does not require any particular load bearing or significant load bearing which differentiates from the present interpretation of the claim relative to the prior art.
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.
Claims 33, 10-11, 13-16, and 19 are 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 33 recites “a fluid seal between the plug (10) and components of the plug assembly (200)”. The preamble directs the invention to a plug assembly and the plug is a sub-element of the plug assembly. It is unclear in view of that what applicant means. Further it is unclear what “components of the plug assembly (200)” is attempting to refer to i.e. whether it is attempting to refer to each recited component of the plug assembly or other components not-yet specifically recited.
Dependent claims 10-11, 13-16, and 19 are rejected for their dependence from a problematic claim.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 34 and 30-31 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sorensen (US 20070163776 A1).
Regarding claim 34, Sorensen teaches a glass assembly (15) comprising:
a plug (10) (Fig 3, plug including 32, 15, and 34; see Para 0009) comprising:
a top surface (61) (Fig 3, uphole facing surface of 32) and a bottom surface (62) (Fig 3, bottom facing surface of 34);
a middle edge surface (64) which contains a widest portion of the plug (10) (Fig 3, wide portion/surface of 15 surrounded by 37);
a top edge surface (63) arranged between the middle edge surface (64) and the top surface (61) (Fig 3, top edge surface/circumferential surface around 32); and
a bottom edge surface (65) arranged between the middle edge surface (64) and the bottom surface (62) (Fig 3, bottom edge surface/circumferential surface around 34);
wherein:
a first sealing bearing ring (16) is located on one of the top edge surface (63) and the top surface (61) (Fig 3, seal ring 23); and
a second sealing bearing ring (16) is located on one of the bottom edge surface (65) and the bottom surface (62) (Fig 3, seal ring 25, not labelled here, but see Fig 2);
wherein: there is a fluid connection between the first sealing bearing ring (16) and the second sealing bearing ring (16) (Fig 3, top edge surface/circumferential surface around 32 is open to flow to the circumferential edge around 34; crib 37 is non-fluid sealing); and
the first sealing bearing ring (16) and the second sealing bearing ring (16) are arranged to support the plug (10) in an axial direction (Fig 3, seal bodies 23/25 support the plug in at least a lateral axis).
Regarding claim 30, Sorensen teaches further comprising a stabilizer (12) and wherein the stabilizer (12) is arranged around the middle edge surface (64) (Fig 3, crib 37 is “a stabilizer”).
Regarding claim 31, Sorensen teaches wherein the stabilizer (12) is not fluid tight (Fig 3, crib 37 is non-fluid sealing).
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) 32, 2-8, 23, 27, 33, 10-11, 13-16, and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sorensen (US 20070163776 A1), in view of Bjorgum (WO 2017076869 A1).
Regarding claim 32, Sorensen teaches a glass assembly (15) comprising:
a plug (10) (Fig 3, plug including 32, 15, and 34; see Para 0009) comprising:
a top surface (61) (Fig 3, uphole facing surface of 32) and a bottom surface (62) (Fig 3, bottom facing surface of 34);
a middle edge surface (64) arranged between the top surface (61) and the bottom surface (62), the middle edge surface (64) containing a widest portion of the plug (10) (Fig 3, wide portion/surface of 15 surrounded by 37);
a fluid sealing bearing ring (16) (Fig 3, upper ring 23),
the fluid sealing bearing ring (16) located on one of the top surface (61), the bottom surface (62), a top edge surface (63), and a bottom edge surface (65) of the plug (10) (Fig 3, top edge surface/circumferential surface around 32);
wherein:
there is a fluid connection between the fluid sealing bearing ring (16) and a side of the plug (10) axially opposite to a side of the plug (10) the fluid sealing bearing ring (16) is located on (Fig 3, top edge surface/circumferential surface around 32 is open to flow to the circumferential edge around 34; crib 37 is non-fluid sealing).
Sorensen is silent on the recited material of the fluid sealing bearing ring (16).
Bjorgum teaches downhole seals used with frangible plugs are often made of a thermoplastic polymer material which may withstand high pressures (Page 2, line 23-25).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention disclosed by Sorensen by having the fluid sealing bearing ring (16) made of the sealing material as disclosed by Bjorgum because it can “withstand high pressures” (Page 2, line 23-25).
Regarding claim 2, Sorensen teaches further comprising a non-fluid sealing bearing ring (14), wherein the non-sealing fluid bearing ring (14) is arranged on the surface between the second surface and a surface of the plug (10) between the bottom surface (62) and the middle edge surface (64) (Fig 3, at least a portion of crib 37, which is non-fluid sealing).
Regarding claim 3, Sorensen teaches further comprising a stabilizer (12) and wherein: the stabilizer (12) is arranged around at least a portion of the middle edge surface (64) (Fig 3, crib 37 is “a stabilizer”).
Regarding claim 4, Sorensen teaches further comprising a stabilizer (12) and wherein: the stabilizer (12) is arranged around the middle edge surface (64) (Fig 3, Para 0044, air vented via hole 36; see also Para 0046 which discusses stabilizing function).
Regarding claim 5, Sorensen teaches wherein the fluid sealing bearing ring (16) is entirely made of a non-elastomeric material (Page 2, line 23-25 of Bjorgum, thermoplastic).
Regarding claim 6, Sorensen teaches wherein the stabilizer is made of a non-elastomeric material (Para 0047).
Regarding claim 7, Sorensen teaches wherein the stabilizer (12) is not fluid tight (Fig 3, crib 37 is non-fluid sealing).
Regarding claim 8, Sorensen as modified teaches wherein the fluid sealing bearing ring (16) comprises a thermoplastic material (Page 2, line 23-25 of Bjorgum, thermoplastic).
Regarding claim 23, Sorensen teaches wherein there is no sealing element (11) on the middle edge surface (Fig 3, crib 37 is non-fluid sealing).
Regarding claim 27, Sorensen teaches wherein the fluid sealing bearing ring (16) is in direct contact with the plug (10) (Fig 3, 23 is in direct with plug as seen).
Regarding claim 33, Sorensen teaches a plug assembly (200) comprising:
a glass assembly (15) (Fig 3, see Para 0009, see following elements), arranged in a housing (140) (Fig 3, housing 10), the glass assembly (15) comprising
a plug (10) (Fig 3, plug including 32 and 15) and a fluid sealing bearing ring (16) (Fig 3, ring 23), the plug (10) comprising:
a top surface (61) (Fig 3, uphole facing surface of 32) and a bottom surface (62) (Fig 3, bottom facing surface of 15);
a middle edge surface (64) arranged between the top surface (61) and the bottom surface (62), the middle edge surface (64) containing a widest portion of the plug (10) (Fig 3, wide portion/surface of 15 surrounded by 37);
the fluid sealing bearing ring (16) located on one of the top surface (61), the bottom surface (62), a top edge surface (63), and a bottom edge surface (65) of the plug (10) (Fig 3, top edge surface/circumferential surface around 32);
a seat (20) arranged to support the plug (10) (Fig 3, seat 34);
a breaker assembly (32) (see following elements) comprising a breaker holder (31) (Fig 3, holder 42) and a breaker object (30) configured to break the plug (10) (Fig 3, object 40); and wherein:
there is a fluid connection between the fluid sealing bearing ring (16) and a side of the plug (10) axially opposite to a side of the plug (10) the fluid sealing bearing ring (16) is located on (Fig 3, top edge surface/circumferential surface around 32 is open to flow to the circumferential edge around 34; crib 37 is non-fluid sealing); and
the fluid sealing bearing ring (16) provides a fluid seal between the plug (10) and components of the plug assembly (200) between the plug (10) and the housing (140) (Fig 3, seal 23 seals between housing and the plug/glass assembly).
Sorensen is silent on the recited material of the fluid sealing bearing ring (16).
Bjorgum teaches downhole seals used with frangible plugs are often made of a thermoplastic polymer material which may withstand high pressures (Page 2, line 23-25).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention disclosed by Sorensen by having the fluid sealing bearing ring (16) made of the sealing material as disclosed by Bjorgum because it can “withstand high pressures” (Page 2, line 23-25).
Regarding claim 10, Sorensen teaches wherein the glass assembly (15) further comprises a non-fluid sealing bearing ring (14), wherein the non-fluid bearing ring (14) is arranged on a surface of the plug (10) between the bottom surface (62) and the middle edge surface (64) (Fig 3, at least a portion of crib 37, which is non-fluid sealing).
Regarding claim 11, Sorensen teaches wherein the fluid sealing bearing ring (16) is made entirely of a non-elastomeric material (Page 2, line 23-25 of Bjorgum, thermoplastic).
Regarding claim 13, Sorensen teaches wherein the glass assembly (15) further comprises a stabilizer (12) and wherein: the stabilizer (12) is arranged around at least a portion of the middle edge surface (64) (Fig 3, Para 0044, air vented via hole 36; see also Para 0046 which discusses stabilizing function).
Regarding claim 14, Sorensen teaches wherein the glass assembly (15) further comprises a stabilizer (12) and wherein: the stabilizer (12) is arranged around at least a portion of the middle edge surface (64) (Fig 3, Para 0044, air vented via hole 36; see also Para 0046 which discusses stabilizing function).
Regarding claim 15, Sorensen teaches wherein the stabilizer (12) is not fluid tight (Fig 3, stabilizer hole 36 permits fluid flow).
Regarding claim 16, Sorensen teaches wherein the stabilizer (12) is not fluid tight (Fig 3, stabilizer hole 36 permits fluid flow).
Regarding claim 19, Sorensen teaches wherein the breaker holder (31) is configured to hold the breaker object (30) fixed in place relative to the plug (10) (Fig 3, holder 42 holds object 40).
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sorensen (US 20070163776 A1), in view of Bjorgum (WO 2017076869 A1), in view of Gano (US 5479986 A).
Regarding claim 20, Sorensen teaches a sealing area (13), wherein the fluid sealing area (13) is the region of the housing (140) and the seat (20) in direct contact with the fluid sealing bearing ring (16) and wherein (Fig 3, note the seal ring 23 may be drawn to the lower seal ring 23).
Sorensen is silent on the fluid sealing area (13) is non-parallel with the longitudinal axis of the plug assembly (200).
Gano teaches the fluid sealing area (13) is non-parallel with the longitudinal axis of the plug assembly (200) (Column 7, line 5-7).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention disclosed by Sorensen by having by placing the lower seating plug of Sorensen in a tapered housing as disclosed by Gano because it would resist unintended further downward movement within the wellbore and help remain in its axial position.
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 THEODORE N YAO whose telephone number is (571)272-8745. The examiner can normally be reached typically 8am-4pm ET.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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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/THEODORE N YAO/Primary Examiner, Art Unit 3676
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