DETAILED ACTION
Claims 1-14 are pending.
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 of group I (i.e., claims 1-5) in the reply filed on 06/17/2025 is acknowledged. Claims 8-14 have been withdrawn.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: “22” and “42” (figure 2). Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claim 1 is objected to because of the following informalities and should likely read as follows: “[...] wherein gaps in the structure of the spring vary in size as the spring is changed between the first state and [[a]]the second state...” . Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 2-4 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 2 (and, similarly claims 3-4) recites: “[...] wherein one or more of the gaps in the structure of the spring when the spring is in the first state overlap with the at least one wall fluid vent, thereby creating a fluid passage”. Examiner notes that the spring “40” is taught as being longitudinally uphole of the vent(s) “108” and “116”. There is a lack of support for the springs to “overlap” (i.e., cover, partially cover, etc.) any vent(s) to allow for “creating a fluid passage”. Rather, it appears that the spring assists the valve which is configured to overlap for purposes of allowing for creating and blocking a fluid passage through the tool. “An original claim may lack written description support when (1) the claim defines the invention in functional language specifying a desired result but the disclosure fails to sufficiently identify how the function is performed or the result is achieved…”. Ariad Pharms., Inc. v. Eli Lilly & Co., 598 F.3d 1336, 1349-50 (Fed. Cir. 2010). See MPEP 2163.03, subsection V.
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.
Claim(s) 1 and 5-7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Segura et al. (US Publication2014/0209301 A1; hereinafter “Segura”).
In regards to claim 1, Segura discloses: An electromechanical actuator (20) for use in a measurement-while-drilling tool in a downhole environment (abstract and paragraphs [0019-0020]), comprising:
a servo valve (comprising 28), comprising:
a rotary actuator (25) having a rotary actuator shaft (28); and
a spring positioned in the servo valve such that movement of the rotary actuator shaft by the rotary actuator causes the spring to be changed between a first state and a second state (i.e., open/close states from pulsing | see paragraphs [0020, 0023, 0025-0026, 0028, 0031-0033]), wherein gaps (i.e., voids which act as fluid vents or ports) in the structure of the spring vary in size as the spring is changed between the first state and [[a]]the second state, wherein the gaps act as fluid vents for fluid flow through the servo valve, such that movement of the rotary actuator shaft causes the fluid vents to vary in size and thereby change an amount of fluid flow through the servo valve (paragraphs [0020, 0023, 0025-0026, 0028, 0031-0033]);
a valve housing (223) having a wall surrounding the servo valve (figures 1-3); and
an electronic control assembly (i.e., assembly comprising 31) positioned within the valve housing and configured to detect change in load within the servo valve based on the change in the amount of fluid flow caused by the rotary actuator shaft causing the spring to be changed between the first state and the second state (paragraphs [0031-0032]).
In regards to claim 5, Segura further discloses: wherein the spring is linearly in line with the rotary actuator shaft, the electromechanical actuator further comprising: a screw (26) attached to the rotary actuator shaft; and a nut (1000) configured to reciprocate linearly along the screw, wherein the spring has a first end that is coupled to the nut (paragraphs [0020, 0028] and figures 1-3).
In regards to claim 6, Segura further discloses: wherein the valve housing has a first end at an upstream end of the valve housing and a second end at a downstream end of the valve housing with the servo valve positioned between the first end and the second end, the valve housing comprising: at least one debris vent (i.e., arbitrary opening of 23 not comprising “fluid vent”) extending from an exterior surface of the wall (i.e., radial outer surface of 223) to an interior surface of the wall (i.e., radial inner surface of 223) and positioned between the servo valve and the first end of the valve housing (figures 1-3).
In regards to claim 7, Segura further discloses: an electronic control assembly comprising: drive circuitry configured to generate drive signals to drive the rotary actuator (paragraphs [0018, 0038]); and
a non-transitory ferroelectric random access memory having a ferroelectric layer configured to store one or more of diagnostic data regarding the servo valve and logging data regarding the servo valve (paragraph [0041]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The references in the PTO-892 relate to downhole electromechanical valve actuators.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NEEL PATEL whose telephone number is (469)295-9168. The examiner can normally be reached M-F, 9:00AM-5:00PM CST.
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/NEEL GIRISH PATEL/Patent Examiner, Art Unit 3676