DETAILED ACTION
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 .
Priority
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 (i.e., changing from AIA to pre-AIA ) 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.
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.
The applied reference has a common inventors with the instant application. Based upon the earlier effectively filed date of the reference, it constitutes prior art under 35 U.S.C. 102(a)(2).
This rejection under 35 U.S.C. 103 might be overcome by: (1) a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application and is thus not prior art in accordance with 35 U.S.C.102(b)(2)(A); (2) a showing under 37 CFR 1.130(b) of a prior public disclosure under 35 U.S.C. 102(b)(2)(B); or (3) a statement pursuant to 35 U.S.C. 102(b)(2)(C) establishing that, not later than the effective filing date of the claimed invention, the subject matter disclosed and the claimed invention were either owned by the same person or subject to an obligation of assignment to the same person or subject to a joint research agreement. See generally MPEP § 717.02.
Claims 1-3, 6, 8, 9, 13-15 17 and 19 are rejected under 35 U.S.C. 103 as being obvious over Batarseh (US 2022/0268121) in view of DeWitt (WO2014/144887) and Bozso (US 2014/0158425). A copy of DeWitt (WO2014/144887) is included with the Notice of Reference Cited (PTO-892).
With respect to the limitations of claim 1, Batarseh teaches a tool for trimming an interior surface in a wellbore (title, abstract), the tool comprising: a jacket configured to be mounted (Fig 2, laser head housing 204, 0021) at an external surface of a main body (fiber optic cable 206, 0021), the jacket including a proximal end and a distal end (204); and one or more fiberoptic cables (fiber optic cable 206, 0021) that produces a ring-shaped laser beam (ring-shaped collimated laser beam 216, 0021) for trimming the interior surface in the wellbore (Figs 3, 4, 0030, 0031). Batarseh discloses the claimed invention except for the jacket including two or more mutually detachable portions; the one or more fiberoptic cables that extend to the distal end of the jacket, each having a terminal end embedded in the jacket and exposed at the distal end of the jacket.
However, DeWitt discloses the jacket including two or more mutually detachable portions (Figs 21, 21A, insulated protective cover 2110, 2111, swing hinge 2112, 0180) is known in the art. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to adapt the laser trimming tool of Batarseh having a jacket silent to mutually detachable portions with the jacket including two or more mutually detachable portions of DeWitt for the purpose of providing a known jacket configuration that allows for quick and easy access to internal components of the jacket for cleaning and maintenance.
Additionally, Bozso discloses the one or more fiberoptic cables (Figs 1, 4, 5, optical fibers 47, optical elements 45, 0052) the one or more fiberoptic cables that extend to the distal end of the jacket (drill head 50, 0053), each having a terminal end embedded (optical elements 45 of optical fibers 47 are embedded in jacket of drill head 50, see figures 4, 5) in the jacket and exposed at the distal end (Figs 4, 5, exposed front end surface of optical elements 45) of the jacket is known in the art. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to adapt the laser trimming tool of Batarseh in view of DeWitt having a jacket and fiberoptic cable silent to the embedded fiber optic with the one or more fiberoptic cables that extend to the distal end of the jacket, each having a terminal end embedded in the jacket and exposed at the distal end of the jacket of Bozso for the purpose of adapting the fiberoptic cable with a known embedded configuration and location that is suitable for delivering of a laser for drilling of a borehole.
With respect to the limitations of claims 2, 3, 6, 8 and 9, Batarseh in view of DeWitt and Bozso discloses the two or more mutually detachable portions comprise two or more partial tubular portions (Bozso, Fig 21A, insulated protective cover 2110, 2111);
the two or more partial tubular portions are two partial tubular portions (Bozso, Fig 21A, insulated protective cover 2110, 2111);
the one or more fiberoptic cables extend from a laser source (Bozso, Fig 1, laser light generator 16, 0052) to the proximal end of the jacket and split into a plurality of branch cables that extend to the distal end of the jacket (Bozso, Fig 5, plurality of branched optical fibers 47) and that combine to project the ring-shaped laser beam (Bozso, Fig 4, optical element 45 connected to optical fibers 47 will form ring-shaped laser beam) in a downhole direction from the distal end of the jacket;
further comprising one or more temperature sensors (DeWitt, Fig 2, temperature sensor 241, 0100) mounted on the jacket (DeWitt, optics package 235, 0100);
further comprising a control unit (Batarseh, Fig 1, control system 200, 0019) that deactivates the ring-shaped laser beam when the one or more temperature sensors sense a temperature in the tool or in the wellbore above a predetermined threshold (DeWitt, Figs 1, 2, 0104).
With respect to the limitations of claim 13, Batarseh teaches a method (title, abstract) comprising: mounting a jacket (Fig 2, laser head housing 204, 0021) at an external surface of a main body (fiber optic cable 206, 0021), the jacket including a proximal end and a distal end (204); extending one or more fiberoptic cables (fiber optic cable 206, 0021); deploying the main body and the jacket into a wellbore (Figs 3, 4, wellbore 438, 0040); via the one or more fiberoptic cables (206), producing a ring-shaped laser beam (ring-shaped collimated laser beam 216, 0021); and via the ring-shaped laser beam (216), trimming (0030) an interior surface in the wellbore (438). Batarseh discloses the claimed invention except for the jacket includes two or more mutually detachable portions; extending one or more fiberoptic cables to the distal end of the jacket; embedding one or more terminal ends of the one or more fiber optic cables in the jacket; exposing the one or more terminal ends of the one or more fiber optic cables at the distal end surface of the jacket.
However, DeWitt discloses the jacket including two or more mutually detachable portions (Figs 21, 21A, insulated protective cover 2110, 2111, swing hinge 2112, 0180) is known in the art. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to adapt the laser trimming method of Batarseh having a jacket silent to mutually detachable portions with the jacket including two or more mutually detachable portions of DeWitt for the purpose of providing a known jacket configuration that allows for quick and easy access to internal components of the jacket for cleaning and maintenance.
Additionally, Bozso discloses extending one or more fiberoptic cables (Figs 1, 4, 5, optical fibers 47, optical elements 45, 0052) to the distal end of the jacket (drill head 50, 0053); embedding one or more terminal ends (optical elements 45 of optical fibers 47 are embedded in jacket of drill head 50, see figures 4, 5) of the one or more fiber optic cables in the jacket; exposing the one or more terminal ends (Figs 4, 5, exposed front end surface of optical elements 45) of the one or more fiber optic cables at the distal end surface of the jacket is known in the art. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to adapt the laser trimming method of Batarseh in view of DeWitt having a jacket and fiberoptic cable silent to the embedded fiber optic with the extending one or more fiberoptic cables to the distal end of the jacket; embedding one or more terminal ends of the one or more fiber optic cables in the jacket; exposing the one or more terminal ends of the one or more fiber optic cables at the distal end surface of the jacket of Bozso for the purpose of adapting the fiberoptic cable with a known embedded configuration and location that is suitable for delivering of a laser for drilling of a borehole.
With respect to the limitations of claims 14, 15 and 17, Batarseh in view of DeWitt and Bozso discloses mounting the jacket comprises attaching the two or more mutually detachable portions to one another (Bozso, Fig 21A, insulated protective cover 2110, 2111, swing hinge 2112);
the two or more mutually detachable portions comprise two partial tubular portions (Bozso, insulated protective cover 2110, 2111);
the one or more fiberoptic cables extend from a laser source Bozso, Fig 1, laser light generator 16, 0052) to the proximal end of the jacket and split into a plurality of branch cables that extend to the distal end of the jacket (Bozso, Fig 5, plurality of branched optical fibers 47) and that combine to project the ring-shaped laser beam (Bozso, Fig 4, optical element 45 connected to optical fibers 47 will form ring-shaped laser beam) in a downhole direction from the distal end of the jacket.
Claim 19 is similarly rejected as set forth in the rejection of claims 8 and 9 above.
Claims 4, 5 and 16 are rejected under 35 U.S.C. 103 as being obvious over Batarseh (US 2022/0268121) in view of DeWitt (WO2014/144887) and Bozso (US 2014/0158425) as applied to claims 1 and 13-15, further in view of Batarseh ‘818 (US 2020/0392818).
With respect to the limitations of claims 4 and 5, DeWitt discloses a mechanism for affixing the two partial tubular portions to one another (swing hinge 2112). Batarseh in view of DeWitt and Bozso discloses the claimed invention except for further comprising magnets that affix the two partial tubular portions to one another; each of the two partial tubular portions includes two terminal circumferential ends; and the magnets are embedded at each of the two terminal circumferential ends of each of the two partial tubular portions.
However, Batarseh ‘818 discloses using magnets for quickly coupling components together (0067). It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to adapt the laser trimming tool of Batarseh in view of DeWitt and Bozso having a coupling mechanism silent to magnets with the magnetic coupling of Batarseh ‘818 for the purpose of using a known magnetic coupling mechanism that quickly joins components together.
Batarseh in view of DeWitt and Bozso and Batarseh ‘818 discloses the claimed invention except for the magnets are embedded at each of the two terminal circumferential ends of each of the two partial tubular portions. However, it would have been obvious for one having ordinary skill in the art before the effective filing date of the invention was made to have the magnets are embedded at each of the two terminal circumferential ends of each of the two partial tubular portions, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable magnetic coupling configuration involves only routine skill in the art (see MPEP 2144.04).
Claim 16 is similarly rejected as set forth in the rejection of claim 4 above.
Claims 7, 11, 12 and 18 are rejected under 35 U.S.C. 103 as being obvious over Batarseh (US 2022/0268121) in view of DeWitt (WO2014/144887) and Bozso (US 2014/0158425) as applied to claims 1 and 13, further in view of Batarseh ‘505 (US 2004/0206505).
With respect to the limitations of claim 7, Batarseh teaches further comprising a control unit (Fig 1, control system 200, 0019) that controls the ring-shaped laser beam (ring-shaped collimated laser beam 216, 0021). Batarseh in view of DeWitt and Bozso discloses the claimed invention except for further comprising controlling the laser beam to translate downhole from the distal end of the jacket when the tool is in a fixed position. However, Batarseh ‘505 discloses the laser beam to translate downhole from the distal end of the jacket (Fig 1, 2, reflector 116, arm system 131, 0027) when the tool is in a fixed position is known in the art. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to adapt the laser trimming tool of Batarseh in view of DeWitt and Bozso having a jacket and ring-shaped laser beam silent to vertical translation of the laser beam with the further comprising controlling the laser beam to translate downhole from the distal end of the jacket when the tool is in a fixed position of Batarseh ‘505 for the purpose of providing a known laser movement configuration that allows the laser to be vertically adjustable (0027), thereby improving the overall versatility of the device.
With respect to the limitations of claims 11 and 12, Batarseh in view of DeWitt and Bozso discloses the claimed invention except for further comprising one or more latching arrangements configured to latch onto the interior surface in the wellbore; further comprising a centralizer configured to center the tool radially within the wellbore.
However, Batarseh ‘505 discloses further comprising one or more latching arrangements configured to latch (Fig 2, centering / stabilizing pads 122, retractable arms 129, 0030) onto the interior surface in the wellbore (wellbore 111, 0028); further comprising a centralizer (Fig 2, centering / stabilizing pads 122, retractable arms 129, 0030) configured to center the tool radially within the wellbore (111) is known in the art. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to adapt the laser trimming tool of Batarseh in view of DeWitt and Bozso having a tool silent to latching and centralizer arrangements with the further comprising one or more latching arrangements configured to latch onto the interior surface in the wellbore; further comprising a centralizer configured to center the tool radially within the wellbore of Batarseh ‘505 for the purpose of providing a known centering and stabilizing means for maintaining the apparatus in a fixed, centered position (0030).
Claim 18 is similarly rejected as set forth in the rejection of claim 7 above.
Claims 10 and 20 are rejected under 35 U.S.C. 103 as being obvious over Batarseh (US 2022/0268121) in view of DeWitt (WO2014/144887) and Bozso (US 2014/0158425) as applied to claims 1 and 13, further in view of Batarseh ‘854 (US 2020/0131854).
With respect to the limitations of claim 10, Batarseh in view of DeWitt and Bozso discloses the claimed invention except for further comprising one or more acoustic cameras mounted on the jacket. However, Batarseh ‘854 discloses further comprising one or more acoustic cameras mounted on the jacket (0041, 0077-0073) is known in the art. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to adapt the laser trimming tool of Batarseh in view of DeWitt and Bozso having a jacket silent to acoustic cameras with further comprising one or more acoustic cameras of Batarseh ‘854 for the purpose of providing a known acoustic sensor that obtains acoustic data or an acoustic camera configured both to obtain acoustic data and to capture images or video based on the acoustic data (0071, 0072), thereby improving the overall versality of the device.
Claim 20 is similarly rejected as set forth in the rejection of claim 10 above.
Response to Amendments
Claims 1-19 are pending.
Response to Arguments
Applicant’s argument with respect to the 112 rejection is persuasive and therefore the rejection has been withdrawn.
Applicant’s arguments with respect to claims 1-19 been fully considered but they are not persuasive.
The applicant has argued on pages 6-8 about claims 1-3, 6, 8, 9, 13-15 and 19 that Batarseh in view of DeWitt and Bozso fails to disclose the amended limitations of claim 1 of “one or more fiberoptic cables that extend to the distal end of the jacket, each having a terminal end embedded in the jacket and exposed at the distal end surface of the jacket” and similarly recited in claim 13 because the fiberoptic cable of Batarseh terminates within the housing, the examiner respectfully disagrees. Under BRI, it can be interpreted that the optical fiber 47 of Bozso has a terminal end consisting of the optical elements 45, where the terminal end optical elements are embedded in the drill head housing 50 and a distal end of the optical elements 45 are exposed and not embedded.
The applicant further argues on pages 6-7 that DeWitt fails to disclose the limitations of “the jacket including two or more mutually detachable portions” because the jacket of DeWitt is attached by a hinge, the examiner respectfully disagrees. As seen in figure 21A, in the open position, the two halves of the jacket are detached bottom seam. Additionally, removing of the swing hinge 2112 allows the two halves of the jackets to be completely detached.
The applicant has argued on page 8 that Bozso fails to disclose the limitations of claim 6 directed to “the one or more fiberoptic cables split into a plurality of branch cables” because Bozso only discloses a plurality of cables, the examiner respectfully disagrees. From figures 1 and 5, the optical fiber starts as a laser leader 26 and is split into a plurality of optical fibers 47 (0052).
The applicant has argued on page 9 about claim 8 (claim 9) that Batarseh does not disclose deactivating a laser beam in response to sensor data, the examiner respectfully disagrees. Claim 9 was rejected in over Batarseh in view of DeWitt and Bozso, where DeWitt discloses a safety shutdown system having a temperature sensor to shut down the laser in over temperature conditions (0104).
The applicant has argue on page 10 about claims 4, 5 and 6 that the cited prior art of Batarseh in view of DeWitt and Bozso, further in view of Batarseh '818 (US 2020/0392818) fails to remedy the deficiencies of Batarseh in view of DeWitt and Bozso with respect to claim 1, the examiner respectfully disagrees because Batarseh in view of DeWitt and Bozso fully discloses the limitations of claim 1 as set forth above.
The applicant has argue on page 11 about claims 7, 11, 12 and 18 that the cited prior art of Batarseh in view of DeWitt and Bozso, further in view of Batarseh '818 (US 2020/0392818) fails to remedy the deficiencies of Batarseh in view of DeWitt and Bozso with respect to claims 1 and 13, the examiner respectfully disagrees because Batarseh in view of DeWitt and Bozso fully discloses the limitations of claims 1 and 13 as set forth above.
The applicant has argue on pages 12-13 about claims 10 and 20 that the cited prior art of Batarseh in view of DeWitt and Bozso, further in view of Batarseh '818 (US 2020/0392818) fails to remedy the deficiencies of Batarseh in view of DeWitt and Bozso with respect to claims 1 and 13, the examiner respectfully disagrees because Batarseh in view of DeWitt and Bozso fully discloses the limitations of claims 1 and 13 as set forth above.
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 THIEN S TRAN whose telephone number is (571)270-7745. The examiner can normally be reached Monday-Friday [8:00-4:00].
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, Steven Crabb can be reached at 571-270-5095. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/THIEN S TRAN/Primary Examiner, Art Unit 3761 8/28/2026
Prosecution Insights