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 dated 11/5/25 have been entered. They have resolved the previously present 112(b) issues and drawing objections, however, have necessitated the new grounds of rejection presented below.
Applicant's arguments filed 11/5/25 have been fully considered but they are not persuasive. Regarding the prior art rejection of claim 29, it appears based on applicant’s annotated figure, that applicant’s arguments are based off an interpretation of the prior art which is not presented below. In other words, the examiner has drawn different portions of the plug to different surfaces than applicant has identified.
Specification
The amendment filed 11/5/25 is objected to under 35 U.S.C. 132(a) because it introduces new matter into the disclosure. 35 U.S.C. 132(a) states that no amendment shall introduce new matter into the disclosure of the invention. The added material which is not supported by the original disclosure is as follows:
The newly amended portions of the specification dated 11/5/25, intended to be added between Paras 0134 and 0135 are objected to because they add new confusing subject matter to the original disclosure. They add confusion to the specification as they appear to impart particular context to the claims, but does so in a way that is confusing. For example, the new paragraph purports that “any plug can be described in terms of a general set of surfaces by one skilled in the art”. It previously indicates, for example, with respect to its discussion of claim 5C that “does not have a third surface when the first surface is the top surface, but does have a third surface (bottom edge surface 65) if the first surface is the bottom surface 62”. In this description, it is unclear why a third surface is contingent upon the first surface being the bottom surface 62. It appears that applicant intends for the third surface to mean something, but what that something is, is unclear.
Applicant’s new addition appear to attempt to impart new meaning into the various surfaces—and in particular the third surface. However, what that is, it is unclear.
Applicant is required to cancel the new matter in the reply to this Office Action.
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 9-11, 13-16, and 19-20 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 9 recites “the fluid sealing bearing ring (16) provides a fluid seal between the glass assembly (15) and the housing (140)”. In view of applicant’s elected embodiment of Figure 6A-8B, there is a bearing seal 16 which direct contact (and thus presumably seals) against plug 10, breaker holder 31, and seat 20. It is unclear how the seal via the sealing bearing ring 16 is achieved with housing 140. It appears that this may be a feature of the un-elected embodiment and shown and discussed in the context of Figure 1A. It is unclear in view of the elected embodiment what applicant is regarding as the housing 140 e.g. if the housing should be construed as additionally including the breaker holder 31. Please note, e.g. dependent claim 19 recites the breaker holder 31 as a distinct claim element.
Dependent claims 10-11, 13-16, and 19-20 are rejected for depending from a rejected 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) 1-4, 6-7, 9-10, 13-16, 19, 23, 27, and 29-31 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sorensen (US 20070012438 A1).
Regarding claim 1, Sorensen teaches a glass assembly (15) comprising:
a plug (10) (Fig 3, plug including 42, 32, 15, and 34; see Para 0009) comprising:
a fluid sealing bearing ring (16) (Fig 3, ring 23)
a first surface arranged one side of the plug (10) (Fig 3, uphole facing surface of 42) and a second surface arranged on the opposite side of the plug (10) (Fig 3, circumferential surface of the narrow portion of lower plug element 15),
a middle edge surface (64) arranged between the first surface and the second surface, and which contains the widest portion of the plug (10) (Fig 3, wide portion/surface of 15 surrounded by 37);
a third surface is arranged between the middle edge surface (64) and the first surface (Fig 3, circumferential surface surrounding 32), and wherein
the fluid sealing bearing ring (16) is arranged in contact with the third surface (Fig 3, circumferential surface surrounding 32), and
a fluid connection is arranged between the fluid sealing bearing ring (16) and the second surface (Fig 3, crib 37 is non-fluid sealing and there is a “fluid connection” between the seal and second surface as defined).
Regarding claim 2, Sorensen teaches a non-fluid sealing bearing ring (14), wherein the non-sealing fluid bearing ring is (14) arranged onsurface and middle edge surface (64) (Fig 3, at least a portion of crib 37, which is non-fluid sealing).
Regarding claim 3, Sorensen teaches 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 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 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 9, Sorensen teaches a plug assembly (200) comprising:
a glass assembly (15) (see elements below, Para 0009), arranged in a housing (140) (Fig 3, housing 10), the glass assembly comprises
a plug (10) (Fig 3, plug including 32, and 15; see Para 0009) and a fluid sealing bearing ring (16) (Fig 3, ring 23), the plug (10) comprises:
a first surface arranged one side of the plug (10) (Fig 3, uphole facing surface of 42) and a second surface arranged on the opposite side of the plug (10) (Fig 3, downhole face of the lower plug 15), a middle edge surface (64) arranged between the first surface and the second surface, and which contains the widest portion of the plug (10) (Fig 3, wide portion/surface of 15 surrounded by 37);
a third surface arranged between the middle edge surface (64) and the first surface (Fig 3, circumferential surface surrounding 32); wherein:
the fluid sealing bearing ring (16) is arranged in contact with the third surface (Fig 3, circumferential surface surrounding 32), and a fluid connection is arranged between the third surface and the second surface (Fig 3, crib 37 is non-fluid sealing and there is a “fluid connection” between the seal and second surface as defined)
a seat (20) arranged to support the plug (10) (Fig 3, seat 34);
a breaker object (30) configured to break the plug (10) (Fig 3, object 40); and
wherein the fluid sealing bearing ring (16) provides a fluid seal between the glass assembly (15) and the housing (140) (Fig 3, seal 23 seals between housing and the plug/glass assembly).
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 is (14) arranged between the middle edge surface (64) and the second surface (Fig 3, at least a portion of crib 37 which is non-fluid sealing).
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, crib 37 is “a stabilizer”). .
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, crib 37 is non-fluid sealing).
Regarding claim 16, Sorensen teaches wherein the stabilizer (12) is not fluid tight (Fig 3, Para 0044, air vented via hole 36; see also Para 0046 which discusses stabilizing function. This is not fluid tight as it permit fluid flow).
Regarding claim 19, Sorensen teaches a breaker holder (31), 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 40).
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, seal 23 is in direct with plug as seen).
Regarding claim 29, Sorensen teaches a glass assembly (15) comprising:
a plug (10) (Fig 3, plug including 42, 32, 15, and 34; see Para 0009) comprising:
a first surface arranged one side of the plug (10) (Fig 3, circumferential surface of 32) and a second surface arranged on the opposite side of the plug (10) (Fig 3, circumferential surface of the narrow portion of lower plug element 15), a middle edge surface (64) which contains the widest portion of the plug (10) (Fig 3, wide portion/surface of 15 surrounded by 37) wherein:
a sealing bearing ring (16) is arranged on the first surface (Fig 3, seal 23); and
there is arranged a fluid connection between the sealing bearing ring (16) and the second surface (Fig 3, crib 37 is non-fluid sealing and there is a “fluid connection” between the seal and second surface as defined).
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) 5, 8, and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sorensen (US 20070012438 A1) in view of Bjorgum (WO 2017076869 A1).
Regarding claim 5, Sorensen is silent on wherein the fluid sealing bearing ring (16) is entirely made of a non-elastomeric material.
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 8, Sorensen is silent on wherein the fluid sealing bearing ring (16) comprises a thermoplastic material.
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 11, Sorensen is silent on wherein the fluid sealing bearing ring (16) is made entirely of a non-elastomeric material.
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).
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sorensen (US 20070012438 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
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.
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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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/THEODORE N YAO/Primary Examiner, Art Unit 3676