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 of 8/28/25 have been entered. The amendments have resolved the previously presented 112(b) rejection.
Applicant’s arguments with respect to the claim(s) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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, 6-8, 11, 17, and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Peltier (US 20070205021 A1).
Regarding claim 1, Peltier teaches a downhole tool to be positioned in a wellbore in a subsurface formation, the downhole tool comprising:
a first rod (Fig 7A, rod 300) having a first cavity formed therein (Fig 7A, cavity seen, detailed as 310 in Fig 3A) and positioned in a tool body (Fig 7A, in tool body as seen), wherein the first cavity is to be in hydraulic communication with formation fluid in a fluid passage in the tool body (Fig 7A, fluid passage 217) when the first rod is in an open position (Fig 7A, open position seen; Para 0047, “fluid sample in line 217 fills the mandrel recess 310”); and
a translating member configured to shift the first rod from the open position to a closed position (Fig 7A, open to 9A, closed via member 626) to obtain, via the first cavity (Para 0047, “fluid sample in line 217 fills the mandrel recess 310”; Fluid is obtained in Fig 9A in element 155), a first fluid sample of the formation fluid from a first location in the wellbore, wherein the first fluid sample is to be hydraulically isolated from the fluid passage when the first rod is in the closed position (Fig 9A, hydraulically isolated within 155 via the seals, see e.g. Fig 5A).
Regarding claim 2, Peltier teaches a second rod (Please note although the same reference numerals may be used as was referred to with the first rod, Para 0043, “It will be recognized that a plurality of sample carriers are stored in the sample loader in an embodiment.” This is another of the plurality) having a second cavity formed therein (Fig 7A, cavity seen, detailed as 310 in Fig 3A) to obtain samples of the formation fluid, and wherein the translating member is configured to shift the second rod from an open position to a closed position to obtain, via the second cavity, a second fluid sample of the formation fluid (Para 0047, “fluid sample in line 217 fills the mandrel recess 310”; Fluid is obtained in Fig 9A in element 155; this occurs via translating member 626).
Regarding claim 3, Peltier teaches wherein the second fluid sample of the formation fluid is from the first location or a second location in the wellbore (Para 0047, Fig 7A, 9A, the second rod 300 obtains fluid from 217 which may be at the same location as the first rod or a different/second location, both alternatives are covered by the claim).
Regarding claim 4, Peltier teaches wherein the translating member is configured to sequentially contact the first rod and the second rod to subsequently shift the first rod and the second rod from the respective open position to the respective closed position (Para 0047, Fig 9A, the second rod 300 would only move into position when the first rod is closed within 155 as a part of being a magazine/cartridge.).
Regarding claim 6, Peltier teaches wherein the second rod is configured to obtain the second fluid sample from the fluid passage when the first rod is in the closed position (Para 0047, Fig 9A, the second rod 300 would only move into position when the first rod is closed within 155).
Regarding claim 7, Peltier teaches one or more seals configured to prevent hydraulic communication between the fluid passage and an interior of the tool body when the first rod is in the open position (Para 0047, “fluid sample in line 217 fills the mandrel recess 310”; Fluid is obtained in Fig 7. See seals in detailed via of Fig 3A), and wherein the one or more seals are configured to prevent hydraulic communication between the fluid passage and an exterior of the tool body when the first rod is in the open position (Fig 7A, the seals would isolate 300 to ensure it only communicates with line 217).
Regarding claim 8, Peltier teaches wherein the one or more seals are configured to isolate the first fluid sample in the first cavity when the first rod is in the closed position (Fig 9A, isolation via the seals is obtained, see also Fig 5A).
Regarding claim 11, Peltier teaches wherein the first rod is positioned in a removable cartridge (Fig 5A, rod is within cartridge 400).
Regarding claim 17, Peltier teaches an apparatus to be positioned in a wellbore in a subsurface formation, the apparatus comprising:
a tool body comprising a fluid passage, the fluid passage configured to hold formation fluid from the subsurface formation;
a first rod (Fig 7A, rod 300) having a first cavity formed therein (Fig 7A, cavity seen, detailed as 310 in Fig 3A) and positioned in the tool body, wherein the first cavity is to be in hydraulic communication with formation fluid in the fluid passage (Fig 7A, fluid passage 217) when the first rod is in an open position (Fig 7A, open position seen; Para 0047, “fluid sample in line 217 fills the mandrel recess 310”);
a translating member configured to shift the first rod from an open position to a closed position (Fig 7A, open to 9A, closed via member 626) to obtain, via the first cavity (Para 0047, “fluid sample in line 217 fills the mandrel recess 310”; Fluid is obtained in Fig 9A in element 155), a first fluid sample of the formation fluid from a first location in the wellbore, wherein the first fluid sample is to be hydraulically isolated from the fluid passage when the first rod is in the closed position (Fig 9A, hydraulically isolated within 155 via the seals, see e.g. Fig 5A).
Regarding claim 20, Peltier teaches wherein the translating member includes a contact surface configured to shift the first rod from the open position to the closed position.
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) 9-10 and 18-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Peltier (US 20070205021 A1), in view of Morgan (US 20160138396 A1).
Regarding claim 9, Peltier is silent on a motor configured to translate the translating member upon a threaded rod, to contact the first rod to shift the first rod from the open position to the closed position.
Morgan teaches a motor (Fig 2B, 72) configured to translate the translating member (Fig 2B, as a modification to Peltier, the translating member is a rod the end of the threaded rod which translates axially/arm 30B) upon a threaded rod (Fig 2B, 70), to contact the first rod to shift the first rod from the open position to the closed position (Para 0021, Fig 2B).
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 Peltier by having the threaded rod and motor as an actuating means as disclosed by Morgan because Peltier is silent as to the actuating means for causing the axial movement of the translating member, Morgan teaches an actuator which can be implemented with predictable results to cause axial movement of a translating member in a wellbore environment.
Regarding claim 10, Peltier as modified teaches wherein the translating member is prohibited from rotating about a central axis of the threaded rod (Fig 2B, Para 0021 of Morgan, translating member is not disclosed as rotating relative to 70; additionally the translating member of Peltier is not disclosed as rotating).
Regarding claim 18, Peltier teaches sequentially contact the first rod and a second rod to subsequently shift the first rod and the second rod to the respective closed positions (Para 0047, Fig 9A, the second rod 300 would only move into position when the first rod is closed within 155 as a part of being a magazine/cartridge. Para 0043, “It will be recognized that a plurality of sample carriers are stored in the sample loader in an embodiment.” The second rod 300 is another of the plurality).
Peltier is silent on a motor is configured to translate the translating member upon a threaded rod.
Morgan teaches a motor (Fig 2B, 72) is configured to translate the translating member (Fig 2B, as a modification to Peltier, the translating member is a rod the end of the threaded rod which translates axially/arm 30B) upon a threaded rod (Fig 2B, 70).
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 Peltier by having the threaded rod and motor as an actuating means as disclosed by Morgan because Peltier is silent as to the actuating means for causing the axial movement of the translating member, Morgan teaches an actuator which can be implemented with predictable results to cause axial movement of a translating member in a wellbore environment.
Regarding claim 19, Peltier teaches wherein the second rod is configured to obtain a second fluid sample from the fluid passage when the first rod is in the closed position (Para 0047, Fig 9A, the second rod 300 would only move into position when the first rod is closed within 155).
Conclusion
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/THEODORE N YAO/Primary Examiner, Art Unit 3676