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 .
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) 1-13 and 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Batarseh (10385668).
Regarding claim 1, Batarseh ‘668 discloses a laser cutting tool, comprising: a tool body (100, fig 1) having a central axis (along 65, fig 1); a laser cutting head (300, fig 2) provided coaxially along the central axis of the tool body; a laser head (tip of 330, fig 3) disposed on a side of the laser cutting head, the laser head comprising a laser exit (hole in 305 the laser 330 sticks through, fig 3); an internal laser passageway (passageway leading from 55 after it turns to 330, fig 3) extending in a radial direction between the laser cutting head and the laser exit configured to direct a laser beam from the laser cutting head in a radially outward direction through the laser exit; a plurality of internal nozzles (325, fig 3) positioned within the laser head configured to direct a cooling substance (from 75, fig 3) to a cutting area (cutting area being defined as the area radially outside of the laser head) around the laser beam and a plurality of adjacent cutting zones (areas axially around the cutting head) around the cutting area; and wherein the plurality of internal nozzles are arranged parallel to the internal laser passageway (they all extend radially outward).
Regarding claim 2, Batarseh ‘668 discloses wherein the laser beam is configured to cut into a wellbore (10, fig 2).
Regarding claim 3, Batarseh ‘668 discloses wherein the laser beam is configured to cut into metal materials (this represents intended use, the laser is capable of doing so and thus meets the limitation).
Regarding claim 4, Batarseh ‘668 discloses wherein the plurality of internal nozzles are axially spaced apart from one another (325 are spaced axially relative to the axis of the laser head, fig 3).
Regarding claim 5, Batarseh ‘668 discloses wherein the cooling substance is a gas (col 2, lines 10-17).
Regarding claim 6, Batarseh ‘668 discloses wherein the cooling substance is a fluid (col 2, lines 10-17).
Regarding claim 7, Batarseh ‘668 discloses wherein the laser beam is generated from a laser generator at a surface around a wellbore (50, fig 1).
Regarding claim 8, Batarseh ‘668 discloses wherein the laser beam generates heat (col 2, lines 10-17).
Regarding claim 9, Batarseh ‘668 discloses a method, comprising: lowering a laser cutting tool into a wellbore drilled into a subsurface formation (100, fig 1), wherein the laser cutting tool comprises: a tool body (100, fig 1); a laser cutting head (300, fig 2) positioned along the tool body; and a plurality of internal nozzles (325, fig 3)positioned within a laser head (tip of 330, fig 3) disposed on the laser cutting head; directing a laser beam from the laser cutting head in a radially outward direction to cut into a cutting area in the wellbore (the laser cuts outward into the area adjacent to 300, fig 2); and injecting, via the plurality of internal nozzles, the cutting area and a plurality of adjacent cutting zones around the cutting area with a cooling substance (the fluid would fill the entire area around the head 300, fig 2).
Regarding claim 10, Batarseh ‘668 discloses wherein the plurality of internal nozzles are axially spaced apart from one another (325 are spaced axially relative to the axis of the laser head, fig 3).
Regarding claim 11, Batarseh ‘668 discloses wherein the cooling substance is a gas (col 2, lines 10-17).
Regarding claim 12, Batarseh ‘668 discloses wherein the cooling substance is a fluid (col 2, lines 10-17).
Regarding claim 13, Batarseh ‘668 discloses generating the laser beam from a laser generator at a surface around the wellbore (50, fig 1)
Regarding claim 15, Batarseh ‘668 discloses generating heat, via the laser beam (col 2, lines 10-17).
Claim Rejections - 35 USC § 103
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 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 14 is rejected under 35 U.S.C. 103 as being unpatentable over Batarseh ‘668 in view of Batarseh (11248426).
Regarding claim 14, Batarseh ‘668 does not disclose wherein the laser cutting tool is lowered into the wellbore by an end of a coiled tubing.
Batarseh ‘426 teaches lowering a laser cutting tool (15, fig 1) into a wellbore (4, fig 1) by an end of a coiled tubing (col 8, lines 1-6).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the laser cutting tool disclosed by Batarseh ‘668 by using a coiled tubing to lower the cutting tool into the wellbore based on the teachings of Batarseh ‘426. One of ordinary skill in the art would recognize that using a coiled tube to raise or lower objects is well known in the art and thus would be easy for an operator to understand and use.
Conclusion
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/SEAN V MEILLER/Examiner, Art Unit 3741
/GERALD L SUNG/Primary Examiner, Art Unit 3741