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 4/8/26 have been entered.
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 § 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) 1-4, 6-8, 9-11, 17, and 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Peltier (US 20070205021 A1), in view of Lebourg (US 3577781 A).
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
shifting 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).
Peltier is silent on the translating member with the recited particulars.
Lebourg teaches a translating member (Fig 8, at least 220, note the translation resulting from actuation of 222) configured to shift the first rod (Fig 8, at least indirectly causes shifts in the first rod i.e. rod with collection cavities 230); wherein the translating member is configured to translate along a first axis (Column 6, lines 3-10, Fig 8, extension of 220 by 222 is a first axis), and the first rod is configured to move between the open position and the closed position along a second axis different from the first axis (Fig 8, piston/first rod 230 is a second axis which is “different”. Please note that any difference in axis is permitted by the claim, including parallel axes).
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 means of axially shifting the first rod of Peltier using the translating mechanism as disclosed by Lebourg because it would be a simple substitution of one known element (the means for axially shifting the rods of Peltier/plunger 626) for another (the means for axially shifting analogous piston/rods of Lebourg, including at least the translating member identified above) to obtain predictable results (selective axial shifting of fluid capturing rods/pistons). Please note the modification does not propose to substitute the rods/structure of Peltier with the piston structure of Lebourg, merely the means for axial movement/translation.
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 member 626, note the modification in the parent claim in which shift is attained by the translating member identified in Lebourg).
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 (Fig 1, tool body 171) comprising a fluid passage (Fig 7A, fluid passage 217), the fluid passage configured to hold formation fluid from the subsurface formation (Para 0032);
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”);
shifting 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).
Peltier is silent on the translating member with the recited particulars.
Lebourg teaches a translating member (Fig 8, at least 220, note the translation resulting from actuation of 222) configured to shift the first rod (Fig 8, at least indirectly causes shifts in the first rod i.e. rod with collection cavities 230); wherein the translating member is configured to translate along a first axis (Column 6, lines 3-10, Fig 8, extension of 220 by 222 is a first axis), and the first rod is configured to move between the open position and the closed position along a second axis different from the first axis (Fig 8, piston/first rod 230 is a second axis which is “different”. Please note that any difference in axis is permitted by the claim, including parallel axes).
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 means of axially shifting the first rod of Peltier using the translating mechanism as disclosed by Lebourg because it would be a simple substitution of one known element (the means for axially shifting the rods of Peltier/plunger 626) for another (the means for axially shifting analogous piston/rods of Lebourg, including at least the translating member identified above) to obtain predictable results (selective axial shifting of fluid capturing rods/pistons). Please note the modification does not propose to substitute the rods/structure of Peltier with the piston structure of Lebourg, merely the means for axial movement/translation.
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 (Fig 8, contact surface of pawl 220 at 226/228).
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 Lebourg (US 3577781 A), 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 as modified, the translating member is at 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 as modified by Lebourg by having the threaded rod and motor as an actuating means as disclosed by Morgan because it would be a simple substitution of one known element (the solenoid mechanism of Peltier as modified by Lebourg) for another (the threaded rod and motor) to obtain predictable results (allow for vertical movement of translating member).
Regarding claim 10, Peltier as modified teaches wherein the translating member is prohibited from rotating about a central axis of the threaded rod (Fig 8 of Lebourg, pawl’s 220 connection to 220 does not rotate about the central axis of the threaded rod).
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 as modified, the translating member is at 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 as modified by Lebourg by having the threaded rod and motor as an actuating means as disclosed by Morgan because it would be a simple substitution of one known element (the solenoid mechanism of Peltier as modified by Lebourg) for another (the threaded rod and motor) to obtain predictable results (allow for vertical movement of translating member).
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
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.
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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
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