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 .
Status of Claims
This action is in reply to the Applicant’s claims, filed on 02/09/2026.
Claims 1 and 17 have been amended.
Claims 11-12 have been cancelled.
Claims 1-17 are currently pending and have been examined.
Response to Amendment
The amendment filed 02/09/2026 has been entered. Claims 1-17 remain pending in the application. Applicant’s amendments to the claims have overcome each rejection previously set forth in the Final Office Action mailed 08/22/2025.
However, upon further consideration, the amendments introduce new issues that a new grounds of rejection is made.
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.
Claims 1, 9-10, 13-14, and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Valisalo (US2020/0347678) in view of Yeung (US2019/0011051), Terwilliger et al. (US2020/0149362), and Gotlib et al. (US2016/0312559).
Claim 1. Valisalo discloses: A tubular apparatus (9: hammer, Fig. 4A) comprising:
an upper joint (14: back head, Fig. 4A) connected to an outer cylinder (68: adapter, Fig. 4A);
an inner cylinder (20: piston housing, Fig. 2), having a cavity (inner annulus of (20) piston housing), disposed within the outer cylinder (Fig. 2);
a piston (78: first end of piston, Fig. 2), having a piston rod (62: upper part of piston, Fig. 2), the piston disposed within the cavity of the inner cylinder and moveable along an axis (Fig. 2);
the piston rod extends through the cylinder gland (seals at distal end of (20) piston housing, Fig. 2) to a hammer (60: lower part of piston, Fig. 2) and a portion of the hammer is disposed within an outer tube (10: main body, Fig. 2);
a bearing (86: piston guide bearing, Fig. 2) disposed between the hammer and the outer tube (Fig. 2); and
an anvil, having a bit head (24: drill bit, Fig. 2), connected to the hammer (Fig. 2),
wherein the cylinder gland comprises a plurality of outer ring cuts (35: axial exhaust passage, Fig. 5B) configured to allow a fluid to flow around the cylinder gland and provide a pressure balance within the tubular apparatus (pressure above and below the cylinder gland is equal, Fig. 2) and
an element gland (66: piston upper hat, Fig. 3A),
wherein a jet element (valve unit, [0008]; valve unit comprises of (39) valve pressure passage, Fig. 4A) disposed directly within the outer cylinder (68: adapter, Fig. 4A) and located between the element gland (66: piston upper hat, Fig. 3A) and the inner cylinder (20: piston housing, Fig. 2),
wherein the central hole (23: second fluid pressure supply passage, Fig. 3A) and the plurality of shunt holes (25: third fluid pressure passage, Fig. 3A; plurality of passages illustrated around the second fluid pressure supply passage) guide a fluid (abstract) into the jet element (valve unit, [0008]; valve unit comprises of (39) valve pressure passage, Fig. 4A) to move the piston (78: first end of piston, Fig. 2) along the axis ([0138]).
Valisalo does not disclose: a metal seal, a spiral ring groove configured to create a seal via a throttling effect of a fluid, or using the Coanda effect.
Yeung discloses an improved packing assembly comprising a metal seal for sealing a cylindrical reciprocating plunger withing a cylinder for high pressure and high flow rate pumps.
Yeung teaches: a metal seal (637: metal seal, Fig. 30).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to substitute the seals at the distal end of the piston housing of Valisalo with the improved packing assembly and metal seal as taught by Yeung with a reasonable expectation of success in order to ease of replacement due to wear or damage as taught by Yeung ([0164]).
Valisalo in view of Yeung does not teach: a spiral ring groove configured to create a seal via a throttling effect of a fluid.
Terwilliger discloses an apparatus to create a seal between differing pressure volumes using spiral groove channels on the outer diameter of a fluid seal used for fluid pumping systems.
Terwilliger teaches: a spiral ring groove (432: channels can be spiral, Fig. 5; [0075]) configured to create a seal (430: fluid seal includes one or more 432 channels, Fig. 5; [0075]) via a throttling effect of a fluid ([0075-0076]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the piston upper hat of Valisalo to include the spiral groove channels as taught by Terwilliger with a reasonable expectation of success to create a fluid seal between the piston upper hat and the outer cylinder as taught by Terwilliger ([0075-0076]).
Valisalo in view of Yeung and Terwilliger does not teach: using the Coanda effect.
Gotlib discloses a pressure pulse tool and techniques that allow for a reciprocating piston at a frequency independent of a flow rate of fluid which powers the reciprocating. The architecture of the tool and techniques employed may take advantage of a Coanda effect to alternatingly divert fluid flow between pathways in communication with the piston in order to attain the reciprocation.
Gotlib teaches: using the Coanda effect (Fig. 1, [0020-0022]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the fluid flow into the valve unit of Valisalo in view of Yeung and Terwilliger to include the Coanda effect as taught by Gotlib with a reasonable expectation of success to create a fluid flow to reciprocate the piston as taught by Gotlib (Fig. 1, [0020-0022]).
Claim 9. Valisalo in view of Yeung, Terwilliger, and Gotlib teach: The tubular apparatus of claim 1, an element gland (Valisalo: 66: piston upper hat, Fig. 3A) having a central hole (Valisalo: 23: second fluid pressure supply passage, Fig. 3A) and a plurality of shunt holes disposed axially around the central hole (Valisalo: 25: third fluid pressure passage, Fig. 3A; plurality of passages illustrated around the second fluid pressure supply passage).
Claim 10. Valisalo in view of Yeung, Terwilliger, and Gotlib teach: The tubular apparatus of claim 9, the element gland (Valisalo: 66: piston upper hat, Fig. 3A) is disposed within the outer cylinder (Valisalo: 68: adapter, Fig. 4A) and adjacent to a distal portion of the upper joint (Valisalo: 14: back head, Fig. 3A).
Claim 13. Valisalo in view of Yeung, Terwilliger, and Gotlib teach: The tubular apparatus of claim 1, outer cylinder (Valisalo: 68: adapter, Fig. 4A) and the outer tube (Valisalo: 10: main body, Fig. 2).
Valisalo in view of Yeung, Terwilliger, and Gotlib does not teach: a middle joint.
Valisalo teaches the claimed invention except for a middle joint threaded into the outer cylinder and the outer tube. However, it would have been considered obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have made the outer tube separable or modular, rather than unitary or integral, as it has been held that constructing a formerly integral structure as various discrete elements involves only routine skill in the art. Nerwin v. Erlichman, 168 USPQ 177, 179; In re Fridolph, 309 F.2d 509, 50 CCPA 745; In re Larson, 52 C.C.P.A. 930, 340 F.2d 965, 144 USPQ 347 (CCPA 1965).
Claim 14. Valisalo in view of Yeung, Terwilliger, and Gotlib teach: The tubular apparatus of claim 13, a second portion of the hammer (Valisalo: 60: lower portion of piston, Fig. 2).
Valisalo in view of Yeung, Terwilliger, and Gotlib does not teach: disposed within the middle joint. However, as stated in the rejection above, it would have been considered obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, with a reasonable expectation of succuss, to have made the outer tube separable or modular, rather than unitary or integral, as it has been held that constructing a formerly integral structure as various discrete elements involves only routine skill in the art. Nerwin v. Erlichman, 168 USPQ 177, 179; In re Fridolph, 309 F.2d 509, 50 CCPA 745; In re Larson, 52 C.C.P.A. 930, 340 F.2d 965, 144 USPQ 347 (CCPA 1965).
Claim 17. Valisalo discloses: A method for extending a wellbore (abstract), the method comprising:
providing a tubular apparatus (9: hammer, Fig. 4A) comprising:
an upper joint (14: back head, Fig. 4A) threaded into an outer cylinder (68: adapter, Fig. 4A);
an inner cylinder (20: piston housing, Fig. 2), having a cavity (inner annulus of (20) piston housing), disposed within the outer cylinder (Fig. 2);
a piston (78: first end of piston, Fig. 2), having a piston rod (62: upper part of piston, Fig. 2), the piston disposed within the cavity of the inner cylinder and moveable along an axis (Fig. 2);
wherein the piston rod extends through the cylinder gland (seals at distal end of (20) piston housing, Fig. 2) to a hammer (60: lower part of piston, Fig. 2) and a portion of the hammer is disposed within an outer tube (10: main body, Fig. 2);
a bearing (86: piston guide bearing, Fig. 2) disposed between the hammer and the outer tube (Fig. 2); and
an anvil, having a bit head (24: drill bit, Fig. 2), connected to the hammer (Fig. 2),
wherein the cylinder gland comprises a plurality of outer ring cuts (35: axial exhaust passage, Fig. 5B) configured to allow a fluid to flow around the cylinder gland and provide a pressure balance within the tubular apparatus (pressure above and below the cylinder gland is equal, Fig. 2) and,
an element gland (66: piston upper hat, Fig. 3A),
wherein a jet element (valve unit, [0008]; valve unit comprises of (39) valve pressure passage, Fig. 4A) disposed directly within the outer cylinder (68: adapter, Fig. 4A) and located between the element gland (66: piston upper hat, Fig. 3A) and the inner cylinder (20: piston housing, Fig. 2),
wherein the central hole (23: second fluid pressure supply passage, Fig. 3A) and the plurality of shunt holes (25: third fluid pressure passage, Fig. 3A; plurality of passages illustrated around the second fluid pressure supply passage) guide a fluid (abstract) into the jet element (valve unit, [0008]; valve unit comprises of (39) valve pressure passage, Fig. 4A) to move the piston (78: first end of piston, Fig. 2) along the axis ([0138]),
running the tubular apparatus into the wellbore ([0017]);
actuating the tubular apparatus to hammer the bit head against a bottom of the wellbore ([0017]);
pumping a fluid (44: fluid pressure supply unit, Fig. 1) along a flow path (18: fluid pressure supply passage, Fig. 1) within the tubular apparatus (fluid operated device using pressurized fluid, [0017]; [0056], Fig. 3A); and
breaking down the bottom of the wellbore to extend the wellbore ([0017]);
wherein pumping the fluid along the flow path further comprises driving the piston along the axis ([0134-0138], Fig. 2; (0056], Fig. 3A),
Valisalo does not disclose: a metal seal, a spiral ring groove configured to create a seal via a throttling effect of a fluid, or using the Coanda effect.
Yeung further teaches: a metal seal (637: metal seal, Fig. 30; see previously rejected claim 1).
Valisalo in view of Yeung does not teach: a spiral ring groove configured to create a seal via a throttling effect of a fluid.
Terwilliger further teaches: a spiral ring groove (432: channels can be spiral, Fig. 5; [0075]) configured to create a seal (430: fluid seal includes one or more 432 channels, Fig. 5; [0075]) via a throttling effect of a fluid ([0075-0076]; see previously rejected claim 1).
Valisalo in view of Yeung and Terwilliger does not teach: or using the Coanda effect.
Gotlib further teaches: using the Coanda effect (Fig. 1, [0020-0022] see previously rejected claim 1).
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Valisalo (US2020/0347678) in view of Yeung (US2019/001105), Terwilliger et al. (US2020/0149362), Gotlib et al. (US2016/0312559), and further in view of Bassinger (US2756723).
Claim 2. Valisalo in view of Yeung, Terwilliger, and Gotlib teach: The tubular apparatus of claim 1, bearing (Valisalo: 86: piston guide bearing, Fig. 2) and outer tube (Valisalo: 10: main body, Fig. 2).
Valisalo in view of Yeung, Terwilliger, and Gotlib does not teach: a plurality of balls evenly spaced in at least one ring shape on an inner circumferential surface.
Bassinger teaches an impact tool used for drilling bore hole comprising of ball bearing such that the bearings are utilized to prevent sliding faces from developing excessive friction.
Bassinger teaches: a plurality of balls (19: bearings, Fig. 1B) evenly spaced in at least one ring shape on an inner circumferential surface (Fig. 1B).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to substitute the piston guide bearing of Valisalo with the ball bearings of Bassinger with a reasonable expectation of success, to prevent axial misalignment and reduce friction between the parts of a fluid actuated impact tool as taught by Bassinger (Col. 5, lines 23-36).
Claims 3-5 are rejected under 35 U.S.C. 103 as being unpatentable over Valisalo (US2020/0347678) in view of Yeung (US2019/001105), Terwilliger et al. (US2020/0149362), Gotlib et al. (US2016/0312559), and further in view of Lyon (US2009/0321143).
Claim 3. Valisalo in view of Yeung, Terwilliger, and Gotlib teach: The tubular apparatus of claim 1, bearing (Valisalo: 86: piston guide bearing, Fig. 2), outer tube (Valisalo: 10: main body, Fig. 2), and hammer (Valisalo: 60: lower part of piston, Fig. 2).
Valisalo in view of Yeung, Terwilliger, and Gotlib does not teach: a shield ring.
Lyon teaches a hydraulic downhole drill hammer comprising of ball bearings and a locking sleeve utilized for limiting the movement of a piston to the axial direction.
Lyon teaches: a shield ring (30: locking sleeve, Fig. 2).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to substitute the piston guide bearing of Valisalo with the ball bearings and locking sleeve of Lyon, with a reasonable expectation of success to limit the movement of the piston to the axial direction for a down hole drill hammer as taught by Lyon ([0034]).
Claim 4. Valisalo in view of Yeung, Terwilliger, Gotlib, and further in view of Lyon teach: The tubular apparatus of claim 3, hammer (Valisalo: 60: lower part of piston, Fig. 2), lubricant (Valisalo: [0133]), and cavity (Valisalo: 12: hollow interior, Fig. 2; defined by (86) piston guide bearing, (60) hammer, (10) main body, and (20) piston housing).
Valisalo in view of Yeung, Terwilliger, Gotlib does not teach: shield ring.
Lyon further teaches: a shield ring (30: locking sleeve, Fig. 2).
Claim 5. Valisalo in view of Yeung, Terwilliger, Gotlib, and further in view of Lyon teach teaches: The tubular apparatus of claim 3 or 4, and bearing.
Valisalo in view of Yeung, Terwilliger, Gotlib does not teach: a plurality of balls disposed along an inner circumferential surface of the shield ring.
Lyon further teaches: a plurality of balls disposed along an inner circumferential surface of the shield ring (30: locking sleeve, Fig. 2; Figures 8-9 illustrates a plurality of balls along the inner surface of the locking ring).
Claims 6-8 are rejected under 35 U.S.C. 103 as being unpatentable over Valisalo (US2020/0347678) in view of Yeung (US2019/001105), Terwilliger et al. (US2020/0149362), Gotlib et al. (US2016/0312559), and further in view of McPherson (US4764036).
Claim 6. Valisalo in view of Yeung, Terwilliger, and Gotlib teach: The tubular apparatus of claim 1, bearing (Valisalo: 86: piston guide bearing, Fig. 2) and hammer (Valisalo: 60: lower part of piston, Fig. 2).
Valisalo in view of Yeung, Terwilliger, and Gotlib does not teach: at least one pillar.
McPherson teaches an apparatus comprising of mesas and PDC inserts moving within an inner surface wherein the mesas and PDC inserts are utilized to centralize and prevent wear on contacting surfaces.
McPherson teaches: at least one pillar (67: mesas, Fig. 5).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate the mesas, bearing elements, and the centralizing function of the mesas between the drive shaft and bearing surface of McPherson onto the piston of Valisalo and substitute the stationary bearing surface of McPherson for the piston guide bearing of Valisalo, with a reasonable expectation of success, for a wear resistant bearing as taught by McPherson (Col. 1, lines 33-37).
Claim 7. Valisalo in view of Yeung, Terwilliger, Gotlib, and further in view of McPherson teaches: The tubular apparatus of claim 6, hammer (Valisalo: 60: lower part of piston, Fig. 2) and outer tube (Valisalo: 10: main body, Fig. 2).
Valisalo in view of Yeung, Terwilliger, Gotlib does not teach: one pillar is disposed between.
McPherson further teaches: one pillar is disposed between (67: mesas, Fig. 5; the centralizing function of the mesas between the drive shaft and bearing surface ).
Claim 8. Valisalo in view of Yeung, Terwilliger, Gotlib, and further in view of McPherson teaches The tubular apparatus of claim 6 or 7, bearing (Valisalo: 86: piston guide bearing, Fig. 2), inner circumferential surface of outer tube (Valisalo: 10: main body, Fig. 2).
Valisalo in view of Yeung, Terwilliger, Gotlib does not teach: a plurality of reinforcement blocks machined into the at least one pillar and an inner circumferential surface.
McPherson further teaches: a plurality of reinforcement blocks (69: pdc inserts, Fig. 6) machined into the at least one pillar (67: mesas, Fig. 5) and an inner circumferential surface (15: stationary radial bearing, Fig. 1; Col. 4, lines 39-43).
Claim 15-16 is rejected under 35 U.S.C. 103 as being unpatentable over Valisalo (US2020/0347678) in view of Yeung (US2019/001105), Terwilliger et al. (US2020/0149362), Gotlib et al. (US2016/0312559), and further in view of Purcell et al. (US2020/0224502).
Claim 15. Valisalo in view of Yeung, Terwilliger, and Gotlib teach: The tubular apparatus of claim 1, outer tube (Valisalo: 10: main body, Fig. 2) and sleeve (Valisalo: 54: drill bit nut).
Valisalo in view of Yeung, Terwilliger, and Gotlib does not teach: an octagonal.
Purcell teaches a drill bit assembly for a fluid operated percussion drill tools wherein the drill bit compromises an octagonal shank for engagement purposes.
Purcell teaches: octagonal (405: hollow cylindrical chuck, Fig. 7; [0002]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate the octagonal profile of Purcell, where Purcell teaches using an octagonal profile between a drill bit and a fluid operated percussion drill, into the drill bit nut of Valisalo, with a reasonable expectation of success, to create an octagonal engagement between the drill bit and drill bit nut in order to transmit rotational to be drill bit as taught by Purcell ([0050]).
Claim 16. Valisalo in view of Yeung, Terwilliger, Gotlib, and further in view of Purcell teach: The tubular apparatus of claim 15, anvil (Valisalo: 24: drill bit, Fig. 2), sleeve (Valisalo: 54: drill bit nut), and groove (Valisalo: groove on (54) drill bit nut, Fig. 3B).
Valisalo in view of Yeung, Terwilliger, Gotlib does not teach: spiral groove configured to seal, octagonal sleeve. Valisalo in view of Yeung, Terwilliger, Gotlib is silent on a groove between the drill bit and drill bit nut however, Fig. 3b of Valisalo illustrates a groove between the respective parts.
Purcell teaches: octagonal (see previously rejected claim 15).
Terwilliger teaches: a spiral ring groove configured to seal (see previously rejected claim 1).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Daniel Craig whose telephone number is (571)270-0747. The examiner can normally be reached M-Thurs 7:30 AM to 5:00 PM CST.
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, Tara Schimpf can be reached at (571)270-7741. 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.
/DANIEL T CRAIG/Examiner, Art Unit 3676
/TARA SCHIMPF/Supervisory Patent Examiner, Art Unit 3676