DETAILED ACTION
This is the First Office Action on the Merits and is directed towards claims 1-20 as originally presented and filed on 03/30/2023.
Notice of Pre-AIA or AIA Status
No apparent Priority is claimed accordingly the earliest filing date is 03/30/2023 (20230330).
The present application filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Information Disclosure Statement
As required by M.P.E.P. 609 [R-07.2022], Applicant's 03/30/2023 and 02/19/2026 submission(s) of Information Disclosure Statement (IDS)(s) is/are acknowledged by the Examiner and the reference(s) cited therein has/have been considered in the examination of the claim(s) now pending. A copy of the submitted IDS(s) initialed and dated by the Examiner is/are attached to the instant Office action.
Claim Rejections - 35 USC § 102
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 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) 1-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 20190085661 A1 to DANCER; William Wallace.
Regarding claim 1 DANCER teaches in for example the Figure(s) reproduced immediately below:
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and associated descriptive texts a system comprising:
a retrieving tool component comprising
a first engagement element disposed at a first radial distance from a retrieving tool centerline (given the Broadest Reasonable Interpretation (BRI) the claimed retrieving tool connotes “retrieval tool 500” and :engagement element” connotes “dogs 504” shown in for example fig. 5 above and explained in for example para:
“[0036] Referring now to FIG. 5, with continued reference to FIGS. 2 and 4, as previously discussed, the tool 200 may be retrieved using a retrieval tool after production of hydrocarbons is complete or at another desired time. A retrieval tool 500 may be advanced through the primary leg 240 of the multilateral tool 236 (shown in phantom) and into the borehole 505 of the whipstock 204. The retrieval tool 500 may be conveyed into the parent wellbore 102 on a tool string 501. The retrieval tool 500 may be operatively coupled to the whipstock 204 within the whipstock bore 502 via a coupling engagement 502. The coupling engagement 502 may comprise a variety of coupling mechanisms or methods capable of securing the retrieval tool 500 to the whipstock 204. In one embodiment, for instance, the coupling engagement 502 may include one or more dogs 504 disposed about the retrieval tool 500 and configured to locate and engage a whipstock profile 506 defined on the inner surface of the whipstock bore 505. In at least one embodiment, the dogs 504 may be actuatable (e.g., mechanically, electromechanically, hydraulically, pneumatically, etc.), but may alternatively be spring-loaded. In other embodiments, the coupling engagement 502 may comprise a collet or the like..”);
an uphole component comprising a second engagement element ( given the BRI connotes latch anchor 206 shown in Fig. 2 and fig. 5 and explained in for example apra:
“[0033] Referring now to FIG. 4, with continued reference to FIG. 2, illustrated is a lateral completion of lateral wellbore 404 using tool 200. The whipstock 204 is secured in the parent wellbore 102 by latch anchor 206, which includes a latch profile 214 releasably coupled to latch coupling 216 installed in the casing 106. Further, as shown, the whipstock 204 additionally includes a lower stinger assembly 218 that extends from the latch anchor 206 and is configured to be received within a seal bore 220 of the lower liner 116. The drill bit 226 has been sheared from the shear bolt 228 and deflected to mill through window 114 (FIG. 1) and to form lateral wellbore 404. As the drill bit 226 drills the lateral wellbore 404, as described above, the MWD tool 230, the motor 232, the screen(s) 234, and the lateral leg 238 of the multilateral junction 236 are conveyed into the lateral wellbore 404.”);
and a downhole component coupled to the uphole component and releasably connected to a wellbore (given the BRI connotes “other downhole tools or devices” taught in para:
“[0037] Once the retrieval tool 500 is suitably secured to the whipstock 204, the tool string 501 may then be pulled in the uphole direction (i.e., toward the surface of the well) to separate the whipstock 204 from the latch anchor 206, which remains firmly secured within the parent wellbore 102. More particularly, pulling on the tool string 501 in the uphole direction will place an axial load on the releasable connection 224 that eventually overcomes the engagement force provided or otherwise generated by the releasable connection 224. Upon overcoming the engagement force, the whipstock 204 may then be separated from the latch anchor 206 and the tool 200 retrieved to the surface as coupled to the tool string 501. Removing the whipstock 204 from the latch anchor 206 exposes a portion of the releasable connection 224, which may now be able to receive and otherwise couple to other downhole tools or devices.”);
wherein the retrieving tool component is configured to retrieve the uphole component and the downhole component from the wellbore using a connection component to release an axial lock thereby allowing an axial movement of the downhole component out the wellbore (see para [0037] above “More particularly, pulling on the tool string 501 in the uphole direction will place an axial load on the releasable connection 224 that eventually overcomes the engagement force provided or otherwise generated by the releasable connection 224.”).
Although the claims are interpreted in light of the specification, limitations from the specification are NOT imported into the claims. The Examiner must give the claim language the Broadest Reasonable Interpretation (BRI) the claims allow.
See MPEP 2111.01 Plain Meaning [R-10.2024], which states
II. IT IS IMPROPER TO IMPORT CLAIM LIMITATIONS FROM THE SPECIFICATION
"Though understanding the claim language may be aided by explanations contained in the written description, it is important not to import into a claim limitations that are not part of the claim. For example, a particular embodiment appearing in the written description may not be read into a claim when the claim language is broader than the embodiment." Superguide Corp. v. DirecTV Enterprises, Inc., 358 F.3d 870, 875, 69 USPQ2d 1865, 1868 (Fed. Cir. 2004). See also Liebel-Flarsheim Co. v. Medrad Inc., 358 F.3d 898, 906, 69 USPQ2d 1801, 1807 (Fed. Cir. 2004) (discussing recent cases wherein the court expressly rejected the contention that if a patent describes only a single embodiment, the claims of the patent must be construed as being limited to that embodiment); E-Pass Techs., Inc. v. 3Com Corp., 343 F.3d 1364, 1369, 67 USPQ2d 1947, 1950 (Fed. Cir. 2003) ("Inter US-20100280751-A1 1pretation of descriptive statements in a patent’s written description is a difficult task, as an inherent tension exists as to whether a statement is a clear lexicographic definition or a description of a preferred embodiment. The problem is to interpret claims ‘in view of the specification’ without unnecessarily importing limitations from the specification into the claims."); Altiris Inc. v. Symantec Corp., 318 F.3d 1363, 1371, 65 USPQ2d 1865, 1869-70 (Fed. Cir. 2003) (Although the specification discussed only a single embodiment, the court held that it was improper to read a specific order of steps into method claims where, as a matter of logic or grammar, the language of the method claims did not impose a specific order on the performance of the method steps, and the specification did not directly or implicitly require a particular order). See also subsection IV., below. When an element is claimed using language falling under the scope of 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, 6th paragraph (often broadly referred to as means- (or step-) plus- function language), the specification must be consulted to determine the structure, material, or acts corresponding to the function recited in the claim, and the claimed element is construed as limited to the corresponding structure, material, or acts described in the specification and equivalents thereof. In re Donaldson, 16 F.3d 1189, 29 USPQ2d 1845 (Fed. Cir. 1994) (see MPEP § 2181- MPEP § 2186).
In Zletz, supra, the examiner and the Board had interpreted claims reading "normally solid polypropylene" and "normally solid polypropylene having a crystalline polypropylene content" as being limited to "normally solid linear high homopolymers of propylene which have a crystalline polypropylene content." The court ruled that limitations, not present in the claims, were improperly imported from the specification. See also In re Marosi, 710 F.2d 799, 802, 218 USPQ 289, 292 (Fed. Cir. 1983) ("'[C]laims are not to be read in a vacuum, and limitations therein are to be interpreted in light of the specification in giving them their ‘broadest reasonable interpretation.'" (quoting In re Okuzawa, 537 F.2d 545, 548, 190 USPQ 464, 466 (CCPA 1976)). The court looked to the specification to construe "essentially free of alkali metal" as including unavoidable levels of impurities but no more.).”
Regarding claim 2 and the limitation the system of claim 1, wherein the axial lock comprises a slip selectively extendible between an unlocked position and a locked position;
wherein the slip is initially configured in the locked position to prevent the axial movement of the downhole component within the wellbore,
wherein the slip is moved into the unlocked position upon engagement by the retrieving tool component (see para:
“[0034] After the drill bit 226 reaches a desired depth or length for forming the lateral wellbore 404, the primary leg 240 of the multilateral junction 236 fluidically couples to the whipstock 204, such that fluid flow from the parent wellbore 102 can flow through the primary leg 240 (see FIG. 4 and deflector 308). The primary leg may be secured to the whipstock 204 by one or more seals 242 in the whipstock 204 (FIG. 2). In other embodiments, the primary leg may additionally be secured in the parent wellbore 102 by deploying slips against the casing 106, by expanding a portion of the multilateral junction 236 to engage the casing 106 or a liner hanger, or by another mechanism, without departing from the scope of the present disclosure.”).
Regarding claim 6 and the limitation the system of claim 1, wherein the retrieving tool component further comprises a drilling bit (given the BRI see the figures above and especially “drill bit 226”).
Regarding claim 10 and the limitation the system of claim 1 further comprising:
an extending driver configured to extend the second engagement element from a recessed position to an extended position (given the BRI see para [0036] “the dogs 504 may be actuatable (e.g., mechanically, electromechanically, hydraulically, pneumatically, etc.), but may alternatively be spring-loaded.”).
Regarding claim 11 and the limitation the system of claim 10, wherein the extending driver is powered by a power supply (given the BRI see para [0036] “the dogs 504 may be actuatable (e.g., mechanically, electromechanically, hydraulically, pneumatically, etc.), but may alternatively be spring-loaded.”).
Regarding claim 12 and the limitation the system of claim 11, wherein the second engagement element is electro-mechanically actuated (given the BRI see para [0036] “the dogs 504 may be actuatable (e.g., mechanically, electromechanically, hydraulically, pneumatically, etc.), but may alternatively be spring-loaded.”).
Regarding claim 13 and the limitation the system of claim 12 further comprising:
a retainer configured to cooperate with the uphole component to retain the second engagement element in the recessed position using a retainer driver operable by an electronics module (given the BRI see para [0036] “the dogs 504 may be actuatable (e.g., mechanically, electromechanically, hydraulically, pneumatically, etc.), but may alternatively be spring-loaded.”).
Regarding claim 14 and the limitation the system of claim 13, wherein the electronics module comprises a sensor configured to sense an activation device (given the BRI see para [0036] “the dogs 504 may be actuatable (e.g., mechanically, electromechanically, hydraulically, pneumatically, etc.), but may alternatively be spring-loaded.”).
Regarding claim 15 and the limitation A method for retrieving an uphole component coupled to a downhole component deployed in a wellbore, the method comprising:
deploying a retrieving tool component into the wellbore, the retrieving tool component comprising a first engagement element;
drilling a lateral wellbore section with the retrieving tool component;
extending a second engagement element disposed on the uphole component; engaging the second engagement element with the first engagement element;
applying an uphole tension on the second engagement element to unlock the downhole component from the wellbore;
and removing the retrieving tool component connected to the uphole component and the downhole component from the wellbore (see the rejection of corresponding parts of claim 1 above incorporated herein by reference and the discussion of figures 4 and 5 and the use of retrieval tool 500 and for example para:
“[0039] A method comprising: releasably connecting a latch anchor component within a parent wellbore lined at least partially with casing; deflecting a drill bit component and a whipstock component to mill a window in the casing; drilling a lateral wellbore through the window with the drill bit, the lateral wellbore extending from the parent wellbore; landing a multilateral junction component with lateral leg in the lateral wellbore and a primary leg in the parent wellbore; and actuating the at least one screen component, wherein each of the latch anchor component, the drill bit component, the whipstock component, the multilateral junction component, and the at least one screen component comprise a multilateral tool and are operatively coupled together such that movement of a component correspondingly moves the adjacent component.”).
Regarding claim 16 and the limitation the method of claim 15, wherein deploying a retrieving tool component comprises deploying a drill bit (see para [0039] above “drilling a lateral wellbore through the window with the drill bit “).
Regarding claim 17 and the limitation the method of claim 15, wherein extending the second engagement element comprises electro-mechanically actuating the second engagement element (given the BRI see para [0036] “the dogs 504 may be actuatable (e.g., mechanically, electromechanically, hydraulically, pneumatically, etc.), but may alternatively be spring-loaded.”).
Regarding claim 18 and the limitation the method of claim 15, wherein extending the second engagement element comprises signaling an electronics module to activate a retainer driver to shift a retainer to unlatch the second engagement element (given the BRI see para [0036] “the dogs 504 may be actuatable (e.g., mechanically, electromechanically, hydraulically, pneumatically, etc.), but may alternatively be spring-loaded.”).
Regarding claim 19 and the limitation the method of claim 15, wherein unlocking the downhole component from the wellbore further comprises transferring the uphole tension through a connection component to release an axial lock to axially move the downhole component from the wellbore (given the BRI see para [0037] “More particularly, pulling on the tool string 501 in the uphole direction will place an axial load on the releasable connection 224 that eventually overcomes the engagement force provided or otherwise generated by the releasable connection 224.”).
Regarding claim 20 and the limitation the method of claim 15, wherein drilling the lateral wellbore section, removing the retrieving tool component, removing the uphole component, releasing the downhole component, and removing the downhole component are completed in a single trip into and out of the wellbore (see paras:
“[0011] The embodiments described herein improve the efficiency of drilling and completing multilateral wellbores, and thereby improve or maximize production of each lateral wellbore extending from a parent wellbore. Additionally, the embodiments described herein improve the costs associated with traditional drilling and completion of multilateral wellbores. More specifically, the one-trip multilateral tool described herein employs a single tool that enters a parent wellbore only once to achieve drilling and completion of a lateral wellbore.
[0012] The efficiency of the one-trip multilateral tool and associated systems and methods described herein is characterized by reducing the downhole trip requirements for installing and using the tool to drill and complete a lateral wellbore. Such trip savings translate into eliminating one to four, or even more, trips downhole to perform the same operation at significant cost savings. Indeed, it is estimated that each trip downhole costs approximately $500,000 USD. Thus, the one-trip multilateral tool of the present disclosure results in significant financial benefits, as well as increased efficiencies related to shorter installation time, reduced rig time, safety advantages, and the like.
[0013] According to the embodiments described herein, a one-trip multilateral tool can be conveyed into a parent wellbore lined at least partially with casing and used to drill and complete a lateral wellbore in a single trip downhole. The one-trip multilateral tool comprises a plural of components operatively coupled together. As used herein, the term “operatively coupled” refers to a direct or indirect coupling engagement between at least two components such that movement of a first component correspondingly moves the second component. Accordingly, a plurality of components may be operatively coupled such that movement of any one component correspondingly moves the plurality of components. The plurality of components operatively coupled together to form the one-trip multilateral tool of the present disclosure includes a whipstock having a latch anchor, a drill bit, a measurement while drilling (MWD) tool, a motor, at least one well screen, and a multilateral junction having a primary leg and a lateral leg.“).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 3-5, 7-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 20190085661 A1 to DANCER; William Wallace as applied to the claims above in view of US 5467821 A to Sieber; Bobby G.
Regarding claim 3 and the limitation the system of claim 2, DANCER does not appear to expressly disclose however in analogous art Sieber teaches in for example, the figures below:
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And associated descriptive texts wherein the slip comprises a slip release (in for example paras:
“(55) The anchor packer used with a retrievable whipstock, be it mechanically set or hydraulically set, is chosen so that it incorporates shear screws in the upper set of slips (or wedges). As the whipstock/packer is raised, the pulling force will increase and shear the upper slip shear screws. This releases the upper slips on the anchor packer and the packer can now move upward. As the packer moves upwards, the packing will collapse as the packer extends against the bottom set of slips, which should release. It should be noted that the lower set of slips on a packer are designed to grip in the downward direction; thus, if the lower slips do not release, the packer can still be pulled out of the well bore. The entire whipstock/packer assembly is now free to be withdrawn from the well bore and a standard trip operation now follows.
(143) Once the hook has engaged, the latch pin mechanism, 28, will ensure that the hook does not come out of the retrieval slot if the Whip-Anchor service representative has to reciprocate the drill string in order to free the Whip-Anchor. Once hook engagement has occurred, the Whip-Anchor service representative will slowly increase the pull on the drill stem to the point of known slip shear screw release force. The actual pull force will be greater than the slip shear screw release force because of well bore friction. Once the shear screws have sheared the slips on the anchor will release, the packing will collapse, and the anchor will free itself from the well bore. All that the Whip-Anchor service representative must do is trip out of the well bore.”.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the slip release disclosed in Sieber with the slips taught in DANCER with a reasonable expectation of success because it would have “been invaluable” as taught by Sieber Para(s):
“(8) This invention standardizes the whipstock tool to three varieties to fit hole sizes from 33/4 inches up to 121/2 inches. The invention proposes one style of whipstock for use with both mechanically set packers and hydraulically set packers. And finally, the invention proposes an apparatus and method for retrieval of the valuable and expensive downhole assembly after the deviated hole is completed. This retrievable whipstock would be invaluable in multiple drain holes in a single well bore and would be used in both cased and open hole (uncased) conditions.”.
Regarding claim 4 and the limitation the system of claim 1, DANCER does not appear to expressly disclose however in analogous art Sieber teaches wherein the first engagement element comprises an engagement hook in for example paras 15A-D hood 177 as explained in para:
“(80) The preferred embodiment will find greatest use with Type I and Type II Whip-Anchors because the ID of the bore hole limits the size of the Retrieval Tool. Turning then to FIG. 12A, the Retrieval Tool simply consists of a tool joint, 180, a bar, 178, and a specially shaped hook, 177. Although the hook could be welded to the bar, it is much better to manufacture the hook and bar as a unit because of the tremendous forces or weight that the Retrieval Tool will have to endure in releasing the anchor packer (not shown). The tool joint, 180, can have a threaded fitting or a weld fitting for attachment to other Bottom Hole Assembly (BHA) tools, such as the piston sleeve valve assembly or sub, 140, shown in FIG. 12C and which will be discussed shortly. The tool joint is attached to the Retrieval Tool bar, 178, and to the hook, 177, either during manufacture of the Retrieval Tool as a complete unit or by welding the bar to the tool joint. The preference is for a complete integral unit due to, again, the tremendous forces that will present. There is a recess, 179, whose depth, 168, is set by the type of Whip-Anchor being used. The recess permits the Retrieval Tool to centralize itself in the setting slot, 13, of the Whip-Anchor, thus, the depth, 168, will vary with tool type. The retrieval tool latching mechanism, 28, is located on the face of the bar (at location 27) that will engage the retrieval slot. This mechanism and its embodiments will be discussed later.”) .
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the hook disclosed in Sieber with the removal device in DANCER with a reasonable expectation of success because it would have been able to work on different types of wells and also would have “been invaluable” as taught by Sieber Para(s):
“(8) This invention standardizes the whipstock tool to three varieties to fit hole sizes from 33/4 inches up to 121/2 inches. The invention proposes one style of whipstock for use with both mechanically set packers and hydraulically set packers. And finally, the invention proposes an apparatus and method for retrieval of the valuable and expensive downhole assembly after the deviated hole is completed. This retrievable whipstock would be invaluable in multiple drain holes in a single well bore and would be used in both cased and open hole (uncased) conditions.”.
Regarding claim 5 and the limitation the system of claim 4, wherein the engagement hook has a tapered length and a reduced distance from the retrieving tool centerline (see the motivation to combine and the rejection of corresponding parts of claim 4 above incorporated herein by reference and especially figure 15 of Sieber).
Regarding claim 7 and the limitation the system of claim 1, wherein the second engagement element comprises a catch (given the BRI connotes hinge pin 87 as explained in for example Sieber para:
“(48) The upper and base sections of the whipstock are hinged together using a hinge pin, 87, which passes through the hinge pin opening, 81, in the base, and through the corresponding hinge pin opening, 80 in the upper section of the whipstock. It should be noted that the center of the hinge pin is offset towards the front of the whipstock by about 3/4-inch; unlike the present art. This offset assures that the spring retainer shear pin, 88, will shear whenever weight is applied in the downward direction on the Whip-Anchor as it is set. Careful observation of FIG. 5B will show that a large downward force will tend to push the upper section of the whipstock backwards or away from the tool face. This is the direction that the whipstock must fall (or move towards) in order for proper hole deviation to occur. The downward force will pivot about the off-set hinge, 87, shearing the spring retaining pin, 88. This releases the hinge springs which will hold the back of the whipstock against the well bore. The back of the hinge base, 89, is sloped to assure that the upper hinge section 82, is not prohibited from its backward motion while shearing the spring retainer shear pin, 88. In a similar manner the top of the back of the hinge base, 90, is also sloped to avoid any chance of interference.”).
Regarding claim 8 and the limitation the system of claim 7, wherein the catch comprises a catch first end and a catch opening, the catch opening configured to receive the first engagement element;
wherein the catch is hingedly connected to the uphole component with a catch hinge at a catch second end;
wherein the catch hinge comprises a catch hinge axle (given the BRI connotes hinge pin 87 as explained in for example Sieber para:
“(48) The upper and base sections of the whipstock are hinged together using a hinge pin, 87, which passes through the hinge pin opening, 81, in the base, and through the corresponding hinge pin opening, 80 in the upper section of the whipstock. It should be noted that the center of the hinge pin is offset towards the front of the whipstock by about 3/4-inch; unlike the present art. This offset assures that the spring retainer shear pin, 88, will shear whenever weight is applied in the downward direction on the Whip-Anchor as it is set. Careful observation of FIG. 5B will show that a large downward force will tend to push the upper section of the whipstock backwards or away from the tool face. This is the direction that the whipstock must fall (or move towards) in order for proper hole deviation to occur. The downward force will pivot about the off-set hinge, 87, shearing the spring retaining pin, 88. This releases the hinge springs which will hold the back of the whipstock against the well bore. The back of the hinge base, 89, is sloped to assure that the upper hinge section 82, is not prohibited from its backward motion while shearing the spring retainer shear pin, 88. In a similar manner the top of the back of the hinge base, 90, is also sloped to avoid any chance of interference.”).
Regarding claim 9 and the limitation the system of claim 8, wherein the catch is selectively extendable between a recessed position and an extended position;
wherein the catch is disposed in a pocket disposed in the uphole component;
and wherein the catch further comprises a shear element coupling the catch with the pocket such that the shear element prevents an axial catch movement of the catch relative to the pocket;
wherein the shear element comprises the catch hinge axle (see Sieber fig. 32
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paras:
“(67) The shear pin, 39, is made of mild steel and is threaded to fit the threaded aperture, 105, in the setting tool. The shear pin passes through a corresponding aperture, 62, in the whipstock. This opening is larger than the shear pin and allows for slight movement of the shear pin within that opening. This is to give the shear pin some relaxation from any applied downward or torsional forces exerted by the Setting Tool in reaction to forces applied to the drill string. This allows the downward force to be applied directly to the bottom of the setting slot and the torsional forces to be directly applied to the side walls of the setting slot. Additionally, this loose fit of the shear pin, 39, in the whipstock aperture, 62, ensures that if sufficient downward force is applied on the setting tool, then the bottom face of the setting tool will fully set down on the bottom of the setting slot. This action will impart a shear force to the spring retaining shear pin, 88, because of the combination of the offset hinge, 6, and the bottom tool face angle, 106, on the setting tool.
(68) It should be noted that if the spring retainer pin, 88, is sheared while the Whip-Anchor is being run into the well bore, the hinge section of the instant invention reverts back to the prior art employed by current whipstock/packer systems using an unpinned hinge. This condition, which could be brought about by having to force the whipstock through a particularly tortuous path and having to exert a great amount of downward force on the setting tool, does not cause any problems in using the instant device. This is because the base of the anchor packer has a larger OD than the slips (wedges or scaling) elements section of the packer and further more is "bullet shaped." (See FIG. 3) The instant invention will operate better than the prior art in a tortuous path for two reasons:
(69) a) a great amount of downward force (of weight) can be applied without any fear of shearing the shear pin because the force is applied directly to the Whip-Anchor via the setting tool sitting in the bottom of the setting slot, and
(70) b) because the Whip-Anchor can be rotated without fear of shearing the shear pin due because the torsional force (rotation) is applied directly to the walls of the setting slot.
(71) Additionally the shear pin has a groove, 38, cut axially around the pin at such a location so that when the pin is installed the groove is located slightly inside the setting slot face. This groove assures that the shear pin will shear at the groove. This means that, once the pin has sheared, there will be no material extending from the whipstock shear pin aperture, 62, into the setting slot. The back of the whipstock has a recess, 63, which accepts the Allen Cap Head of the shear pin and assures that no material extends beyond the back side of the whipstock.“).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure as teaching, inter alia, the state of the art of retrieving whipstock at the time of the invention. For example:
US 6315054 B1 to Brunet; Charles G. teaches, inter alia an Assembly and method for locating lateral wellbores drilled from a main wellbore casing and for guiding and positioning re-entry and completion device in relation to these lateral wellbores in for example the ABSTRACT, Figures and/or Paragraphs below:
“Assembly and method for locating lateral wellbores in a main wellbore casing for positioning completion members in the lateral wellbore and the main wellbore casing and for orientating and positioning reentry and completion devices into the lateral wellbores comprising a window formed in the wellbore casing which is defined by a sill being convergently curved up hole to the sill up hole apex, a second wellbore located proximate and in communication with the window, a tubular string and a housing member movable in the wellbore casing and connected to the tubular string, orientation and positioning member connected to the housing for orientating and positioning the housing relative to the window upon up hole movement of the housing and tubular string toward the up hole apex of the sill and tools for completion, work over, reentry, and reentry and completion being attached for their respective functions.”.
US 20040108739 A1 to Beeman, Robert S. et al. teaches, inter alia a Whipstock retrieving overshot in for example the ABSTRACT, Figures and/or Paragraphs below:
“The present invention discloses a whipstock retrieval assembly for use in a wellbore to retrieve a downhole tool such as a whipstock from a borehole. In one aspect, the retriever includes a threaded barrel which is received over the tray end of the whipstock, and a securing member, preferably a conical member, pinches the whipstock tray portion received in the retriever against the barrel to prevent loss of the whipstock from the retriever as it is pulled from the borehole. In a second aspect, the retriever assembly includes a hook which is placed in a pre-supplied slot in the whipstock, and a shroud is deployed over the extending end of the whipstock to provide a smooth surface to pull the retriever and whipstock from the borehole.”.
US 6843314 B2 to Toulouse; Jeffrey E. et al. teaches, inter alia Retrievable through-tubing whipstock apparatus having fluid-responsive pivotal anchoring members in for example the ABSTRACT, Figures and/or Paragraphs below:
“A one-trip through tubing window milling system is disclosed. The whipstock is delivered with the mill and downhole motor in a downhole assembly which further includes MWD equipment for proper whipstock orientation. The entire assembly is run through tubing and the MWD equipment orients the whipstock. A motor lock prevents the downhole motor from turning as fluid pressure is applied to properly anchor the whipstock below the production tubing. The motor lock is defeated and the milling commenced using the downhole motor. At the conclusion of the window milling, the bottom hole assembly, including the mill, is removed and a retrieving tool releases the whipstock for retrieval through the production tubing.”.
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/DANIEL L GREENE/Primary Examiner, Art Unit 3665 20260308