DETAILED ACTION
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.
Claims 1-9 and 11-19 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 and 11 first recite “first and second perforating guns” as part of an intended use for a tandem. However, Claims 1 and 11 go on to positively recite portions of the first and second perforating guns in at least lines 14-17. It is therefore unclear from the claims whether the applicant is intending to claim the subcombination of the tandem of the combination of the tandem and the first and second perforating guns. For purposes of examination, Examiner interprets the claims as being directed to the subcombination of tandem, given the preamble of claims 1-9 and 11-19.
Claims 2-9 and 12-19 depend from claims 1 and 11 and are rejected as being dependent upon a rejected base 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) 1-9 and 11-19 are rejected under 35 U.S.C. 103 as being unpatentable over Gonzalez (US 5,027,708 A) in view of Myers (US 7,360,487 B2).
Regarding claim 1, Gonzalez discloses a tandem (10, see Fig. 1) for attachment to a perforating gun, the tandem comprising:
a cylindrical body (see Fig. 3A) including a first externally threaded end portion (A in annotated Figure 1 below) and a second externally threaded end portion (16 in Fig. 1), the cylindrical body further including a central cavity for receiving a pass-through element (see Fig. 1), the central cavity being disposed between a first narrowing opening (B in annotated Figure 1 below) and a second narrowing opening (C in annotated Figure 3 below),
wherein the first externally threaded end portion includes a first plurality of threads defining a first thread pattern (see Fig. 1), and wherein the second externally threaded end portion includes a second plurality of threads defining a second thread pattern (see Fig. 1), the first thread pattern being different than the second thread pattern (see Fig. 1) such that the cylindrical body is threadably attachable to first and second perforating guns in a single direction (see Fig. 1),
wherein the first narrowing opening includes a first sloped sidewall and wherein the second narrowing opening includes a second sloped sidewall (see annotated Figure 1 below),
wherein the first externally threaded end portion is configured for threaded attachment to a first perforating gun (12) having a complementary first female thread pattern (see Fig. 1), wherein the first thread pattern corresponds to the first female thread pattern (see Fig. 1).
Gonzalez fails to disclose as claimed wherein the second externally threaded end portion is in threaded attachment to a second perforating gun having a complementary second female thread pattern, wherein the second thread pattern corresponds to the second female thread pattern.
However, Myers teaches wherein the first externally threaded end portion (L in annotated Figure 1 below on member 20) is configured for threaded attachment to a first perforating gun (5) having a complementary first female thread pattern (see Fig. 1), and the second externally threaded end portion (28 on 20) is configured for threaded attachment to a second perforating gun (6 and 40) having a complementary second female thread pattern (50), wherein the second thread pattern corresponds to the second female thread pattern (see Fig. 1), in order to provide a perforating gun apparatus having more than one perforating gun section such that the amount of area being perforated at once is increased, therefore increasing efficiency.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the tandem of Gonzalez, with Myers, such that Gonzalez comprises a second perforating gun, in order to provide a perforating gun apparatus having more than one perforating gun section such that the amount of area being perforated at once is increased, therefore increasing efficiency.
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Figure 1. Annotated Figure 1.
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Figure 2. Annotated Figure 1.
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Figure 3. Annotated Figure 1.
Regarding claim 2, the combination of Gonzalez and Myers teaches wherein the first thread pattern (A in annotated Figure 1 above) includes a first major diameter (D in annotated Figure 1 below) and wherein the second thread pattern (16 in Fig. 1 of Gonzalez) includes a second major diameter (E in annotated Figure 1 below) that is different from the first major diameter.
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Figure 4. Annotated Figure 1.
Regarding claim 3, the combination of Gonzalez and Myers teaches wherein the first thread pattern (A in annotated Figure 1 above) includes a first minor diameter (F in annotated Figure 1 below) and wherein the second thread pattern (16 in Fig. 1 of Gonzalez) includes a second minor diameter (G in annotated Figure 1 below) that is different from the first minor diameter.
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Figure 5. Annotated Figure 1.
Regarding claim 4, the combination of Gonzalez and Myers teaches wherein the first thread pattern (A in annotated Figure 1 above) includes a first pitch diameter (H in annotated Figure 1 below) and wherein the second thread pattern (16 in Fig. 1 of Gonzalez) includes a second pitch diameter (I in annotated Figure 1 below) that is different from the first pitch diameter.
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Figure 6. Annotated Figure 1.
Regarding claim 5, the combination of Gonzalez and Myers teaches wherein the first thread pattern (A in annotated Figure 1 above) includes a first pitch (see Fig. 1 of Gonzalez) and wherein the second thread pattern (16 in Fig. 1 of Gonzalez) includes a second pitch (see Fig. 1 of Gonzalez) that is different from the first pitch (see Fig. 1 of Gonzalez).
Regarding claim 6, the combination of Gonzalez and Myers teaches wherein the first thread pattern (A in annotated Figure 1 above) includes a first thread angle (see Fig. 1 of Gonzalez) and wherein the second thread pattern (16 in Fig. 1 of Gonzalez) includes a second thread angle (see Fig. 1 of Gonzalez) that is different from the first thread angle (see Fig. 1 of Gonzalez).
Regarding claim 7, the combination of Gonzalez and Myers teaches wherein the first thread pattern (A in annotated Figure 1 above) includes a first thread profile (see Fig. 1 of Gonzalez) and wherein the second thread pattern (16 in Fig. 1 of Gonzalez) includes a second thread profile (see Fig. 1 of Gonzalez) that is different from the first thread profile (see Fig. 1 of Gonzalez).
Regarding claim 8, the combination of Gonzalez and Myers teaches wherein each of the first thread profile (profile of A in annotated Figure 1 above) and the second thread profile (profile of 16 in Fig. 1 of Gonzalez) are selected from the group consisting of an Acme thread profile, a V-shaped thread profile (see Fig. 1 of Gonzalez), a square thread profile (see Fig. 1 of Gonzalez), and a buttress thread profile.
Regarding claim 9, the combination of Gonzalez and Myers teaches wherein at least two characteristics of the first thread pattern (A in annotated Figure 1 above) differ from at least two characteristics of the second thread pattern (16 in Fig. 1 of Gonzalez).
NOTE: The differing characteristics are the major and minor thread diameters.
Regarding claim 11, Gonzalez discloses a tandem (10, see Fig. 1) for attachment to a perforating gun, the tandem comprising:
a cylindrical body (see Fig. 3A) including an exterior sidewall (J in annotated Figure 1 below) spaced apart from an interior sidewall (K in annotated Figure 1 below), the interior sidewall defining a through-bore (see Fig. 1) for receiving a pass-through element (see Fig. 1),
wherein the exterior sidewall includes a first externally threaded end portion (A in annotated Figure 1 above) and a second externally threaded end portion (16 in Fig. 1), wherein the first externally threaded end portion includes a first plurality of threads (A in annotated Figure 1 above) defining a first thread pattern (see Fig. 1), and wherein the second externally threaded end portion (16 in Fig. 1) includes a second plurality of threads defining a second thread pattern (see Fig. 1), the first thread pattern being different than the second thread pattern such that the cylindrical body is threadably attachable to first and second perforating guns in a single direction (see Fig. 1),
wherein the through-bore (bore in 10, see Fig. 1) includes a central cavity (see Fig. 1) disposed between a first narrowing opening (B in annotated Figure 1 above) and a second narrowing opening (C in annotated Figure 1 above),
wherein the first externally threaded end portion is configured for threaded attachment to a first perforating gun (12) having a complementary first female thread pattern (see Fig. 1), and the first thread pattern corresponds to the first female thread pattern (see Fig. 1).
Gonzalez fails to disclose as claimed wherein the second externally threaded end portion is in threaded attachment to a second perforating gun having a complementary second female thread pattern, wherein the second thread pattern corresponds to the second female thread pattern.
However, Myers teaches wherein the first externally threaded end portion (L in annotated Figure 1 above on member 20) is configured for threaded attachment to a first perforating gun (5) having a complementary first female thread pattern (see Fig. 1), and the second externally threaded end portion (28 on 20) is configured for threaded attachment to a second perforating gun (6 and 40) having a complementary second female thread pattern (50),
wherein the second thread pattern corresponds to the second female thread pattern (see Fig. 1), in order to provide a perforating gun apparatus having more than one perforating gun sections such that the amount of area being perforated at once is increased, therefore increasing efficiency.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the tandem of Gonzalez, with Myers, such that Gonzalez comprises a second perforating gun, in order to provide a perforating gun apparatus having more than one perforating gun sections such that the amount of area being perforated at once is increased, therefore increasing efficiency.
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Figure 7. Annotated Figure 1.
Regarding claim 12, the combination of Gonzalez and Myers teaches wherein the first thread pattern (A in annotated Figure 1 above) includes a first major diameter (D in annotated Figure 1 above) and wherein the second thread pattern (16 in Fig. 1 of Gonzalez) includes a second major diameter (E in annotated Figure 1 above) that is different from the first major diameter (see Fig. 1 of Gonzalez).
Regarding claim 13, the combination of Gonzalez and Myers teaches wherein the first thread pattern (A in annotated Figure 1 above) includes a first minor diameter (F in annotated Figure 1 above) and wherein the second thread pattern (16 in Fig. 1 of Gonzalez) includes a second minor diameter (G in annotated Figure 1 above) that is different from the first minor diameter (see Fig. 1 of Gonzalez).
Regarding claim 14, the combination of Gonzalez and Myers teaches wherein the first thread pattern (A in annotated Figure 1 above) includes a first pitch diameter (H in annotated Figure 1 above) and wherein the second thread pattern (16 in Fig. 1 of Gonzalez) includes a second pitch diameter (I in annotated Figure 1 above) that is different from the first pitch diameter (see Fig. 1 of Gonzalez).
Regarding claim 15, the combination of Gonzalez and Myers teaches wherein the first thread pattern (A in annotated Figure 1 above) includes a first pitch (see Fig. 1 of Gonzalez) and wherein the second thread pattern (16 in Fig. 1 of Gonzalez) includes a second pitch (see Fig. 1 of Gonzalez) that is different from the first pitch (see Fig. 1 of Gonzalez).
Regarding claim 16, the combination of Gonzalez and Myers teaches wherein the first thread pattern (A in annotated Figure 1 above) includes a first thread angle (see Fig. 1 of Gonzalez) and wherein the second thread pattern (16 in Fig. 1 of Gonzalez) includes a second thread angle (see Fig. 1 of Gonzalez) that is different from the first thread angle (see Fig. 1 of Gonzalez).
Regarding claim 17, the combination of Gonzalez and Myers teaches wherein the first thread pattern (A in annotated Figure 1 above) includes a first thread profile (see Fig. 1 of Gonzalez) and wherein the second thread pattern (16 in Fig. 1 of Gonzalez) includes a second thread profile (see Fig. 1 of Gonzalez) that is different from the first thread profile (see Fig. 1 of Gonzalez).
Regarding claim 18, the combination of Gonzalez and Myers teaches wherein each of the first thread profile (profile of A in annotated Figure 1 above) and the second thread profile (profile of 16 in Fig. 1 of Gonzalez) are selected from the group consisting of an Acme thread profile, a V-shaped thread profile (see Fig. 1 of Gonzalez), a square thread profile (see Fig. 1 of Gonzalez), and a buttress thread profile.
Regarding claim 19, the combination of Gonzalez and Myers teaches wherein at least two characteristics of the first thread pattern (A in annotated Figure 1 above) differ from at least two characteristics of the second thread pattern (16 in Fig. 1 of Gonzalez).
NOTE: The differing characteristics are the major and minor thread diameters.
Response to Arguments
Applicant’s arguments with respect to claim(s) claims 1-20 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.
Applicant’s arguments, pages 1-2, recite: “…As discussed below, Gonzalez does not disclose these features…The Examiner contends that adapter 10 includes first and second thread patterns corresponding to the claimed threaded end portions… Gonzalez does not disclose that the first and second thread patterns are configured to correspond to different, complementary female thread patterns of first and second perforating guns, as now recited in claims 1 and 11…”. Examiner respectfully disagrees. The combination of Gonzalez and Myers now teaches a second perforating gun (Myers) as recited in the newly amended claims. Further, Applicants claims positively recite the tandem and only mention perforating guns with regard to intended use language. Therefore, the tandem must only be capable of attaching to two different perforating guns.
Applicant’s arguments, page 3, recites: “…In addition, Gonzalez does not disclose a cylindrical body including a central cavity disposed between a first narrowing opening and a second narrowing opening as recited in claims 1 and 11. Gonzalez similarly fails to disclose that each narrowing opening includes a sloped sidewall, as recited in claim 1. The Examiner contends in the Office Action that C in annotated Figure 2 below discloses a second narrowing opening including a sloped sidewall…”. Examiner respectfully disagrees. As shown in the rejection above, there is a first (B in annotated Figure 1 above) and second narrowing opening (C in annotated Figure 1 above) having sloped sidewalls (see annotated Figure 1 above). Further, member 18 is considered to be part of the cylindrical body and therefore the cylindrical body comprises sloped sidewalls.
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.
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/ZAH/Examiner, Art Unit 3678
/AMBER R ANDERSON/Supervisory Patent Examiner, Art Unit 3678
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