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 .
Election/Restrictions
Applicant's election with traverse of species A, claims 1-11 in the reply filed on December 30, 2024 is acknowledged. The examiner has reevaluated the burden necessitating the election of species and hereby withdraws the prior requirement.
Specification
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words. It is important that the abstract not exceed 150 words in length since the space provided for the abstract on the computer tape used by the printer is limited. The form and legal phraseology often used in patent claims, such as "means" and "said," should be avoided. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, "The disclosure concerns," "The disclosure defined by this invention," "The disclosure describes," etc.
The abstract of the disclosure is objected to because it contains phrases which can be implied (“Disclosed herein”). Correction is required. See MPEP § 608.01(b).
Claim Objections
Claims 1-13 are objected to because of the following informalities: in claim 1 lines 6-7, “through at least a portion of the bore” would be clearer if written as -- through the at least a portion of the bore-- since this limitation is already recited in the claim.
In claim 9 line 1, “the bore” would be clearer if written as --a portion of the bore-- since the clutch receptacle is part of the bore.
Appropriate correction is required.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-13 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-13 of copending Application No. 18/525,227 in view of U. S. Patent Publication 2016/0010436 to Boyd. This is a provisional nonstatutory double patenting rejection.
Application 18/464,112
Application 18/525,227
Claim 1: A center rod plunger assembly for removing liquids in a well, said assembly comprising:
a body have a bore there-through;
a center rod mounted in the bore to move between an open position and a closed position, where flow from the well travels through at least a portion of the bore in the open position, and flow from the well does not travel through at least a portion of the bore in the closed position;
wherein said clutch interfaces with the center rod to retard movement of the center rod between its open position and its closed position by exerting a frictional force on the center rod.
Claim 1: A center rod plunger assembly for removing liquids in a well, said assembly comprising:
a body have a bore there-through;
a center rod mounted in the bore to move between an open position and a closed position, where flow from the well travels through at least a portion of the bore in the open position, and flow from the well does not travel through at least a portion of the bore in the closed position;
the center rod including a centering section that interacts with the bore to assist in maintaining the center rod in a more centered position in the bore; and a clutch mounted in the bore;
wherein said clutch interfaces with the center rod to retard movement of the center rod between its open position and its closed position by exerting a frictional force on the center rod.
While application claim 1 of 18/525,227 does not teach a clutch receptacle for the clutch, claims 1 and 7 of U. S. Patent Publication 2016/0010436 to Boyd teach a portion of the bore which receives the clutch and which is therefore a clutch receptacle. It would have been obvious before the invention was effectively filed, to a person having ordinary skill in the art, to modify the assembly taught by application claim 1 of 18/525,227 with the clutch receptacle taught by Boyd ‘436 in order to secure the clutch in place within the assembly.
Application 18/464,112
Application 18/525,227
Claim 2: The center rod plunger of claim 1 wherein the center rod includes a first region of reduced diameter.
Claim 2: The center rod plunger of claim 1 wherein the center rod includes a first region of reduced diameter.
Claim 3: The center rod plunger of claim 2 wherein the clutch exerts less frictional force on the center rod when the clutch interfaces with the center rod's first region of reduced diameter.
Claim 3: The center rod plunger of claim 2 wherein the clutch exerts less frictional force on the center rod when the clutch interfaces with the center rod’s first region of reduced diameter.
Claim 4: The center rod plunger of claim 3 wherein the center rod is in its open position when the clutch interfaces with the center rod's first region of reduced diameter.
Claim 4: The center rod plunger of claim 3 wherein the center rod is in its open position when the clutch interfaces with the center rod’s first region of reduced diameter.
Claim 5: The center rod plunger of claim 4 wherein the center rod includes a second region of reduced diameter.
Claim 5: The center rod plunger of claim 4 wherein the center rod includes a second region of reduced diameter.
Claim 6: The center rod plunger of claim 5 wherein the clutch exerts less frictional force on the center rod when the clutch interfaces with the center rod's second region of reduced diameter.
Claim 6: The center rod plunger of claim 5 wherein the clutch exerts less frictional force on the center rod when the clutch interfaces with the center rod’s second region of reduced diameter.
Claim 7: The center rod plunger of claim 6 wherein the center rod is in its closed position when the clutch interfaces with the center rod's second region of reduced diameter.
Claim 7: The center rod plunger of claim 6 wherein the center rod is in its closed position when the clutch interfaces with the center rod’s second region of reduced diameter.
Claim 8: The center rod plunger of claim 7 wherein the body includes a first end and a second end, and wherein the first end includes a ramped surface for mounting the clutch in the clutch receptacle.
Claim 8: The center rod plunger of claim 7 wherein the body includes a first end and a second end, and wherein the first end includes a ramped surface for mounting the clutch in a clutch receptacle.
Claim 9: The center rod plunger of claim 8 wherein the bore has a first inside diameter and the clutch receptacle has a second inside diameter, where the second inside diameter is greater than the first inside diameter.
Claim 9: The center rod plunger of claim 8 wherein the bore has a first inside diameter and the clutch receptacle has a second inside diameter, where the second inside diameter is greater than the first inside diameter.
Claim 10: The center rod plunger of claim 9 wherein the clutch is a one- piece unit.
Claim 10: The center rod plunger of claim 9 wherein the clutch is a one-piece unit.
Claim 11: The center rod plunger of claim 9 wherein the clutch is a one- piece unit having an outside diameter and an inside diameter, where the inside diameter of the clutch is sized to create a frictional interface with the center rod, and wherein the clutch includes a spiral cut in at least a portion of its outside diameter.
Claim 11: The center rod plunger of claim 9 wherein the clutch is a one-piece unit having an outside diameter and an inside diameter, where the inside diameter of the clutch is sized to create a frictional interface with the center rod, and wherein the clutch includes a spiral cut in at least a portion of its outside diameter.
Claim 12: The center rod plunger of claim 9 wherein the clutch is a one- piece unit having at least one inside diameter sized to create a frictional interface with the center rod and at least one slot so that the entire inside diameter of the clutch does not impart a frictional force on the center rod.
Claim 12: The center rod plunger of claim 9 wherein the clutch is a one-piece unit having at least one inside diameter sized to create a frictional interface with the center rod and at least one slot so that the entire inside diameter of the clutch does not impart a frictional force on the center rod.
Claim 13: The center rod plunger of claim 9 wherein the clutch is a one- piece unit having height, an outside diameter, and an inside diameter, where the inside diameter is sized to create a frictional interface with the center rod, and wherein the clutch further includes a gap extending from its outside diameter to its inside diameter along its entire height.
Claim 13: The center rod plunger of claim 9 wherein the clutch is a one-piece unit having height, an outside diameter, and an inside diameter, where the inside diameter is sized to create a frictional interface with the center rod, and wherein the clutch further includes a gap extending from its outside diameter to its inside diameter along its entire height.
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.
Claims 1-10 and 12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U. S. Patent Publication 2016/0010436 to Boyd.
Referring to claim 1, Boyd ‘436 discloses a center rod plunger assembly for removing liquids in a well, said assembly comprising:
a body (12, 16, 18) have a bore there-through (Figures 1-11; paragraph [0042]);
a center rod (14) mounted in the bore to move between an open position (Figures 2 and 10) and a closed position (Figure 3), where flow from the well travels through at least a portion of the bore in the open position, and flow from the well does not travel through at least a portion of the bore in the closed position (Figures 1-11; paragraphs [0042]- [0060]);
a clutch receptacle (portion of the bore which receives the clutch 60) in said bore (Figures 1-11; paragraphs [0042]- [0060]); and
a clutch (60) mounted in the clutch receptacle (Figures 1-11; paragraphs [0042] - [0060]);
wherein said clutch (60) interfaces with the center rod (14) to retard movement of the center rod (30) between its open position and its closed position by exerting a frictional force on the center rod (Figures 1-11; paragraphs [0042]- [0060]).
Referring to claim 2, Boyd ‘436 discloses a center rod plunger assembly comprising all the limitations of claim 1, as detailed above, and further discloses an assembly wherein:
the center rod (30) includes a first region of reduced diameter (bottom of one of the grooves 80 which interfaces with the clutch when in the open position) (Figures 1-11; paragraphs [0042]- [0060]).
Referring to claim 3, Boyd ‘436 discloses a center rod plunger assembly comprising all the limitations of claim 2, as detailed above, and further discloses an assembly wherein:
the clutch (60) exerts less frictional force on the center rod when the clutch interfaces with the center rod's first region of reduced diameter (bottom of one of the grooves 80 which interfaces with the clutch when in the open position) (Figures 1-11; paragraphs [0042]- [0060]).
Referring to claim 4, Boyd ‘436 discloses a center rod plunger assembly comprising all the limitations of claim 3, as detailed above, and further discloses an assembly wherein:
the center rod (30) is in its open position when the clutch interfaces with the center rod's first region of reduced diameter (bottom of one of the grooves 80 which interfaces with the clutch when in the open position) (Figures 1-11; paragraphs [0042]- [0060]).
Referring to claim 5, Boyd ‘436 discloses a center rod plunger assembly comprising all the limitations of claim 4, as detailed above, and further discloses an assembly wherein:
the center rod (30) includes a second region of reduced diameter (bottom of a second one of the grooves 80 which interfaces with the clutch when in the closed position) (Figures 1-11; paragraphs [0042]- [0060]).
Referring to claim 6, Boyd ‘436 discloses a center rod plunger assembly comprising all the limitations of claim 5, as detailed above, and further discloses an assembly wherein:
the clutch (60) exerts less frictional force on the center rod when the clutch interfaces with the center rod's second region diameter (bottom of a second one of the grooves 80 which interfaces with the clutch when in the closed position) of reduced diameter (Figures 1-11; paragraphs [0042]- [0060]).
Referring to claim 7, Boyd ‘436 discloses a center rod plunger assembly comprising all the limitations of claim 6, as detailed above, and further discloses an assembly wherein:
the center rod (30) is in its closed position when the clutch interfaces with the center rod's second region of reduced diameter (bottom of the second one of the grooves 80 which interfaces with the clutch when in the closed position) (Figures 1-11; paragraphs [0042]- [0060]).
Referring to claim 8, Boyd ‘436 discloses a center rod plunger assembly comprising all the limitations of claim 7, as detailed above, and further discloses an assembly wherein:
the body (12, 16, 18) includes a first end and a second end (16, 18), and wherein the first end includes a ramped surface (part of the threads 26) for mounting the clutch (60) in the clutch receptacle (Figures 1-11; paragraphs [0042]- [0060]).
Referring to claim 9, Boyd ‘436 discloses a center rod plunger assembly comprising all the limitations of claim 8, as detailed above, and further discloses an assembly wherein:
a portion of the bore (portion around 32) has a first inside diameter and the clutch receptacle has a second inside diameter, where the second inside diameter is greater than the first inside diameter (Figures 1-11; paragraphs [0042]- [0060]).
Referring to claim 10, Boyd ‘436 discloses a center rod plunger assembly comprising all the limitations of claim 9, as detailed above, and further discloses an assembly wherein:
the clutch (60) is a one- piece unit (Figures 1-11; paragraphs [0042]- [0060]).
Referring to claim 12, Boyd ‘436 discloses a center rod plunger assembly comprising all the limitations of claim 9, as detailed above, and further discloses an assembly wherein:
the clutch (60) is a one- piece unit having at least one inside diameter sized to create a frictional interface with the center rod (30) and at least one slot so that the entire inside diameter of the clutch (60) does not impart a frictional force on the center rod (30) (Figures 1-11; paragraphs [0042]- [0060]).
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 11 is rejected under 35 U.S.C. 103 as being unpatentable over U. S. Patent Publication 2016/0010436 to Boyd.
Referring to claim 11, Boyd ‘436 discloses a center rod plunger assembly comprising all the limitations of claim 9, as detailed above, and further discloses an assembly wherein:
the clutch (60) is a one- piece unit having an outside diameter and an inside diameter, where the inside diameter of the clutch (60) is sized to create a frictional interface with the center rod (30) (Figures 1-11; paragraphs [0042]- [0060]).
Boyd ‘436 does not teach wherein the clutch includes a spiral cut in at least a portion of its outside diameter. However, it would have been obvious before the invention was effectively filed, to a person having ordinary skill in the art, make the clutch with a spiral cut in at least a portion of its outside diameter, as an obvious matter of design choice since applicant has not disclosed that different surfaces on the outside diameter solve any stated problems or are for any particular purpose, and it appears that the invention would perform equally well with different surfaces on the outside diameter.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over U. S. Patent Publication 2016/0010436 to Boyd in view of U. S. Patent 9,869,401 to Boyd.
Referring to claim 13, Boyd ‘436 discloses a center rod plunger assembly comprising all the limitations of claim 9, as detailed above, and further discloses an assembly wherein:
the clutch (60) is a one- piece unit having an outside diameter and an inside diameter, where the inside diameter of the clutch (60) is sized to create a frictional interface with the center rod (30) (Figures 1-11; paragraphs [0042]- [0060]).
Boyd ‘436 does not teach wherein the clutch includes a gap as claimed. Boyd ‘401 teaches an assembly comprising:
a gap (16, 46) extending from its outside diameter to its inside diameter along its entire height (Figure 2, 4 and 5; col. 4 lines 5-13 and col. 5 lines 3-11).
It would have been obvious before the invention was effectively filed, to a person having ordinary skill in the art, to modify the assembly taught by Boyd ‘436 with the gap taught by Boyd ‘401 in order to allow for further diametric expansion of the clutch.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Boyd ‘911 teaches a similar assembly as claimed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRYAN MATTHEW LETTMAN whose telephone number is (571)270-7860. The examiner can normally be reached Monday-Friday 8am-4pm.
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, Essama Omgba can be reached on 469-295-9278. 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.
/BRYAN M LETTMAN/Primary Examiner, Art Unit 3746