DETAILED ACTION
The amendment filed 6/1/2026 has been entered.
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 .
Terminal Disclaimer
The terminal disclaimer filed on 6/1/2026 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of any patent granted on pending application number 18/464,112 has been reviewed and is accepted. The terminal disclaimer has been recorded. The previously applied provisional double patenting rejection under 18/464,112 has been withdrawn.
Response to Arguments
Applicant's arguments filed 6/1/2026 have been fully considered but they are not persuasive. Applicant argues that the rejection under 112 should be withdrawn since the broadest reasonable interpretation of the claims would be understood. The examiner respectfully disagrees. While the examiner agrees that the invention is understood as disclosed, the claims do not accurately describe the structure of the invention. In claim 1, it would be accurate to recite that the “plunger assembly” has a centering section where fluids flow through, rather than the center rod, as fluid do not “flow through” the center rod as claimed. Therefore the claims remain indefinite as reciting that there is “flow through” a centering section of the “center rod”, which is not how the invention functions.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-28, 43-50 and 64-76 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 1, 15, and 64 each recite “the center rod including a centering section […] whereby liquids in the well flow through the centering section”. However, as best understood by the examiner, the fluids do not flow “through” the centering section (as the rod is solid, as in figs 9-10), but flow “around” or “along” the centering section. Therefore, these claims are indefinite as it does not appear that the any fluids flow “through” any portion of the center rod. Claims 2-14, 16-28, 43-50 and 65-76 are indefinite as being dependent from an indefinite claim.
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) 60-63 is/are rejected under 35 U.S.C. 103 as being unpatentable over Boyd et al. (US 2016/0245417) in view of Herrera (US 2012/0049513) and Jeffries et al. (US 9,068,443).
In regard to claim 60, Boyd et al. disclose a plunger assembly for removing liquids in a well, said assembly comprising: a body (42/16, as in fig 2) having a bore (52) there-through; and the body including a first terminal end and a second terminal end (as in fig 2), wherein the second terminal end includes a clutch (42) in a clutch receptacle in the bore (as in fig 2). Boyd et al. do not disclose a ramped surface sufficient to deform a clutch as the clutch crosses the ramped surface for mounting in the bore or wherein the first terminal end has an open configuration permitting liquids to enter the bore from the first terminal end and to flow through at least a portion of the bore, and a closed configuration preventing liquids from entering the bore from the first terminal end and flowing through at least a portion of the bore.
Herrera teaches installing a compressible element into a groove within a bore (16 into 19 as in fig 1) and teaches a ramped surface (13) sufficient to deform the element as the element crosses the ramped surface for mounting in the bore. It would have been obvious to one of ordinary skill in the art before the time of effective filing to provide the plunger of Boyd et al. with the ramped surface, as taught by Herrera in order to more easily install the clutch within the bore since combining prior art elements according to known methods to yield predictable results is considered obvious to one of ordinary skill. Herrera also does not teach a first terminal end has an open configuration permitting liquids to enter the bore from the first terminal end and to flow through at least a portion of the bore, and a closed configuration preventing liquids from entering the bore from the first terminal end and flowing through at least a portion of the bore.
Jeffries et al. disclose a plunger assembly wherein a first terminal end (at 41 terminal end of 30) has an open configuration permitting liquids to enter the bore from the first terminal end and to flow through at least a portion of the bore (as in fig 2), and a closed configuration preventing liquids from entering the bore from the first terminal end and flowing through at least a portion of the bore (as would occur with plunger 102 seated on 64). It would have been obvious to one of ordinary skill in the art before the time of effective filing to provide the body of Boyd et al., as modified by Herrera, as two-pieces, as taught in Jeffries et al. (and thus provide in a closed position flow from the well does not enter the body as claimed) in order to provide the components of the plunger as separately replaceable as needed (without requiring replacement of entire device).
In regard to claim 61, Boyd et al. disclose 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 (as in fig 2, diameter of bore where 34 is within vs diameter where 42 is located).
In regard to claim 62, Boyd et al. disclose wherein the bore includes an outlet (18) through the body, where the outlet is located between the first terminal end of the body and the second terminal end of the body (as in fig 2).
In regard to claim 63, as combined above, Boyd et al. discloses a center rod (34) mounted in the bore to move between the open position and the closed position (as combined with Jeffries et al. above where terminal end would be at seat 48 of Boyd et al), and where in the open position flow from the well enters the bore through the first terminal end of the body and exits the bore through the outlet (as in fig 2 as open).
Claim(s) 78-79 is/are rejected under 35 U.S.C. 103 as being unpatentable over Boyd et al. (‘417) in view of Herrera and Jeffries et al. as applied to claim 60 above, and further in view of Boyd et al. (US 2017/0058652).
In regard to claim 78, Boyd et al. ‘417, Herrera and Jeffries et al. disclose all the limitations of this claim, as applied to claim 60 above, except for 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. Boyd et al. ‘652 discloses a plunder assembly comprising a clutch (as in fig 5-6) wherein the clutch is a one-piece unit (as assembled in fig 5-6) having at least one inside diameter sized to create a frictional interface with the center rod and at least one slot (114 as in fig 5 or 6) so that the entire inside diameter of the clutch does not impart a frictional force on the center rod. It would have been obvious to one of ordinary skill in the art before the time of effective filing to substitute the clutch of Boyd ‘417, as modified by Herrera and Jeffries et al., with the clutch of Boyd et al. ‘652 since the substitution of one known element for another to obtain predictable results is considered obvious to one of ordinary skill.
In regard to claim 79, Boyd et al. ‘417, Herrera and Jeffries et al. disclose all the limitations of this claim, as applied to claim 60 above, except for 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. Boyd et al. ‘652 discloses a plunger assembly comprising a clutch (as in fig 5-6) wherein the clutch is a one-piece unit (as assembled in fig 5-6) 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 (114) extending from its outside diameter to its inside diameter along its entire height. It would have been obvious to one of ordinary skill in the art before the time of effective filing to substitute the clutch of Boyd ‘417, as modified by Herrera and Jeffries et al., with the clutch of Boyd et al. ‘652 since the substitution of one known element for another to obtain predictable results is considered obvious to one of ordinary skill.
Allowable Subject Matter
Claims 29-42, 51-59 and 77 are allowed.
Claims 1-28, 43-50, and 64-76 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
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 D Andrews whose telephone number is (571)272-6558. The examiner can normally be reached M-F, 7-3.
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, Nicole Coy can be reached at 571-272-5405. 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.
/D. ANDREWS/Primary Examiner, Art Unit 3672
7/16/2026
Prosecution Insights