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 .
Claim Objections
Claim 24-26, 28, and 30-34 are objected to because of the following informalities: They should start with “The” not “An”. Appropriate correction is required.
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 1-34 and 36 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.
Claim1 recites (a) - a particle directing tool configured for directing the particles in the stream with respect to the center axis, in a radially outwards direction (r) towards an inner circumference of the coil, such that within the radial and axial extension of the coil a particle concentration is higher in a radially outwards part of the stream relative to a radially inwards part of the stream and/or (b) - in the radially outwards part of the magnetizing field (H), one or more magnetically conducting elements spaced from the coil by at most approximately half the diameter of the stream and extending so as to guide therethrough the field lines of the magnetizing field (H) in their extension within the radially outwards part of the magnetizing field (H) and concentrate these field lines in a plane transverse to the field lines that is unclear because of “and/or”. Examiner is unsure it indicates all of the limitation (a) and (b) or (a) only or (b) only.
Claim 1 recites “in their extension” that is confusing what “their” refers to. All elements should be referred to by name and not by using the word "their".
Claim 2 recites “if” and “and/or”. Use of term “if” cerate lack of clarity as to scope of the claim by farming elements of the claim as optional, and “and/or” is unclear for the same reason in claim 1.
Claims 5 and 10 are also rejected because of “and/or”.
Claim 6 is rejected because of “if”.
Claims 23, 27 and 29 recite “An assembly of one or more devices” according to claim 1 that is unclear what an assembly and one or more devices are referring to (claim 1 has one device).
Claim 24 recites “each device” , “the coil of each device” that are unclear for similar reason in claims 23, 27 and 29.
Claim 25 is rejected because of uncle “each device”.
Claim 26 and 30 recite “multiple devices” according to claim 1 is unclear what multiple devices are referring.
Claims 2-34 and 36 are rejected as being dependent on claim 1.
Claims 3-4 are rejected as being dependent on claim 2.
Claims 31-32 are rejected as being dependent on claim 30.
Claims 24-26, 28, and 30-34 are rejected as being respectively dependent on claims 23, 27 and 29.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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) 1-6, 8-36 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Blange (WO 2021069694).
Blange discloses,
Re claim 1 (as best understood -112 issue):
a device for measuring, in a stream of fluid mixed with magnetic particles flowing through an elongate circumferential enclosure and having an axial flow direction, a concentration of the magnetic particles at an axial measurement location along the stream, wherein the circumferential enclosure, and therewith, the stream, has an axial center axis (page 34:31-35: the inductive coils are arranged around a flow of abrasive particles through the drilling system in the stream of drilling fluid towards the nozzles, for determining the concentration and/or flow rate of the abrasive particles ) wherein the device comprises:
- a coil with multiple electrically conducting windings, arranged to each tangentially surround the stream at the axial measurement location, and to together generate, when an electrical current flows through the windings of the coil, a magnetizing field having a radially inwards part of the magnetizing field within the radial extension of the stream, of which field lines extend inside the stream and axially through the coil, and, a radially outwards part of the magnetizing field outside a radial extension of the stream, of which field lines extend outside the stream and surround the axial extension of the coil, the coil having connection points for electrical connection to an external electrical current source (page 35:20-23: at least one coil is arranged in the drill bit for measuring the concentration of the passing abrasive particles; page 47:17 – page 48:8 and fig 4a and 4b: oval shape of the magnetic field produced by the magnetic switch),
- a sensor configured and arranged for producing a signal indicative of a magnetic flux density caused by the magnetizing field generated through and outside the coil and/or a change in this magnetic flux density, the sensor having connection points for connection to an external control unit (page 48:31 – page 49:16: The sensors also include presence detection sensors 81, in the form of high frequency acoustic sensors or magnetic sensors, arranged at a location directly downstream of said first and second outlets 21o, 22o. These presence detection sensors 81 are configured to provide a signal to the control unit indicative of the presence of abrasive particles 92 at that location. The control unit is connected to the one or more sensors 81, 82 such as to receive signals provided thereby, and is configured to compare the values represented by said signals with a predetermined reference value of quantities measured thereby, and produce in dependence of the result of said comparing, the mentioned control signals to the particle deflection device 23.),
wherein the device further comprises, for increasing an electromagnetic permeability in the magnetizing field and therewith, the magnetic flux density,
a permeability promotor, which comprises:
a particle directing tool configured for directing the particles in the stream with respect to the center axis, in a radially outwards direction (r) towards an inner circumference of the coil, such that within the radial and axial extension of the coil a particle concentration is higher in a radially outwards part of the stream relative to a radially inwards part of the stream (page 43:35 - page. 44:16 and figure 7: After this impingement, the stream 90 progresses upwardly again towards the surface 2d, moving in between the annular space in between the cylindrical borehole wall and the system 1 (fig.1); From figure 7: fleshes indicating directed flow of returning abrasive particles from the borehole 4a' towards the outer part of the inside of the drill tool (feature 2c) - flesh 90), and/or
in the radially outwards part of the magnetizing field (H), one or more magnetically conducting elements spaced from the coil by at most approximately half the diameter of the stream and extending so as to guide therethrough the field lines of the magnetizing field (H) in their extension within the radially outwards part of the magnetizing field (H) and concentrate these field lines in a plane transverse to the field lines (see figures 4a, 4b as specified above for coil characteristics).
Re claim 2, the particle directing tool, if present, of the permeability promotor is configured for being arranged inside the circumferential enclosure at, and/or upstream of, the axial measurement location, wherein the particle directing tool comprises one or more directing elements configured for directing the particles within the stream radially outwardly (fig. 7, fleshes upward), and a mounting element 10 for connection of the directing elements to the circumferential enclosure (see fig. 7).
Re claim 3, the particle directing tool is a whirler (see fleshes below 10), configured to generate in the stream a whirl in a radially central portion of the circumferential enclosure wherein the connection of the directing elements of the particle directing tool to the circumferential enclosure via the mounting element is such that the directing elements are rotational around an axial rotation axis (fig. 7).
Re claim 4, the one or more directing elements are one or more ribs, each helically shaped around the axial rotation axis of the whirler (fig. 7).
Re claim 5, the particle directing tool is provided within the axial extension of the coil, and/or upstream of the coil (fig.7, page 35:20-23).
Re claim 6, one or more of the magnetically conducting elements, if present, of the permeability promotor tangentially extend along the majority of the coil circumference, i.e. over the majority of, the angular range with respect to the axial center axis (figs. 4a-4b, page34:14 – page 37:9).
Re claim 8, one or more of the magnetically conducting elements, where present, are configured to conduct in at least the axial direction (figs. 4a-4b, page 47:17 – page 48:8).
Re claim 9, the magnetically conducting elements, where present, of the permeability promotor comprise a magnetically conducting sleeve, configured to tangentially surround the coil at least between axial ends thereof, for axially conducting the generated magnetizing field at least between these axial ends, wherein the sleeve (drill pipe extending from the drill bit) axially extends along a major part of the coil (page 47:8 – page 48:8, figs 4a-4b, 3, 7).
Re claim 10, the sleeve is cylindrically shaped (fig. 3) and/or configured to, viewed in the axial direction, extend concentric to the coil.
Re claim 11, the sleeve is configured to, axially beyond the coil (above coil in the drill bit – axially behind) , e.g. at both axial ends, mate with the circumferential enclosure.
Re claim 12, the coil (in the dill bit) is adapted to surround the circumferential enclosure, and the sleeve (drill pipe) has between axial ends thereof an inner circumference which is radially spaced from the coil, the sleeve extending at one or both of the axial ends thereof axially beyond the coil (fig. 3), and furthermore has at these one or both of the axial ends a radially inwards flange (see bold bar in the pipe, figs. 4a-4b) adapted to mate with the circumferential enclosure.
Re claim 13, the sleeve has a gap (inner bore of the pipe) which axially extends through the sleeve thereby separating two tangential ends of the sleeve and interrupting (by the gap) any tangentially directed electrical currents through the sleeve.
Re claim 14, the magnetic sensor comprises a magnetometer (page 37:28) arranged inside the magnetizing field generated through and around the coil.
Re claim 15, the magnetometer of the sensor 81 (fig. 5a) is arranged at or near an axial end of the coil (coil in the drill bit), and the sleeve comprises an axial lip (lips extending form above and below 81) which projects from the sleeve such as to radially align with the magnetometer.
Re claim 16, the magnetically conducting elements of the permeability promotor comprise a magnetically conducting intermediate member (sleeve for 21i, 210, 221, 22o, fig. 3), arranged to extend within the generated magnetizing field (between 21i, 21o and 22i, 22o) at least partly between the magnetometer 81 and the stream 90 (fig. 3), for conducting the generated magnetizing field between the stream 90 and the magnetometer 81 .
Re claim 17, the intermediate member is cylindrically shaped (figs 4a-4b)and/or configured to, viewed in the axial direction, extend concentric to the coil.
Re clam 18. The device according to claim 16, wherein the intermediate member is configured to surround the stream, the intermediate member being adapted to mate with the circumferential enclosure.
Re claim 19, the intermediate member has a gap (internal bore) which axially extends through the intermediate member thereby separating (by the bore) two tangential ends of the intermediate member and interrupting any tangentially directed electrical currents through the intermediate member.
Re claim 20, the magnetometer 81 extends between the axial lip of the sleeve and the intermediate member (fig. 5a).
Re claim 21, sensor housing 81 configured to with an axial end thereof axially abut the sleeve (fig. 5a), wherein the sensor housing has at the abutting axial end an axial recess configured to receive the axial lip, and is configured to accommodate the sensor therein, with the magnetometer extending inside the recess as well to establish the radial alignment with the axial lip, wherein the magnetometer (sensor in the housing 81) extends radially inwards of the axial lip (fig. 5a)..
Re claim 22, the coil (soil in the drill bit) is adapted to surround the circumferential enclosure (figs. 3, 7).
Re claim 23, the elongate circumferential enclosure for accommodating the stream therethrough, wherein the circumferential enclosure is made out of a magnetically and electrically non-conducting material (air, figs. 3, 7).
Re claim 24, the coil of each device is wound (page 35:20-23, coil is in the drill bit thus coil rotates when the drill bit rotates)around the circumferential enclosure.
Re claim 25, the circumferential enclosure comprises a first, upstream axial part thereof and a second, downstream axial part thereof (borehole encloses the entire system), wherein one of the axial parts (axial bar in the pipe, fig. 3) is axially insertable into the other one of the axial parts (drill pipe) with the intermediate member (sleeve 21i 221, 21o 22o) radially in between axially overlapping wall portions of the two axial parts.
Re claim 26, the devices are arranged such that the axial measurement locations of the devices are at an axial distance from one another (fig. 3).
Re claim 27, an electrical power source connectable or connected to the coil of each device via the connection points thereof for providing the electrical current through the coil (page 34:22).
Re claim 28, the electrical power source is configured to provide the electrical current through the coil of the device as an alternating current (page 34:22).
Re claim 29, a control unit which is connectable or connected to the sensor of each device via the connection points thereof for communication of the signal produced by the sensor to the control unit (page 48:31 - page 49:6), wherein the control unit is programmed to determine from the communicated signal produced by the sensor, indicative of the magnetic flux density, an amount of the magnetic particles within the stream passing the axial measurement location (page 37:28, the sensor is a magnetometer)
Re claim 30, the axial measurement locations of the devices are at an axial distance from one another, and wherein the control unit is furthermore programmed to determine a velocity of the particles passing the axial measurement locations, based on the axial distance between the respective measurement locations of the devices, and a time period between the passing of these measurement locations by the particles (page 34:14 - page 37:9).
Re claim 31, the control unit is furthermore programmed to predict a timing at which the passed particles will arrive at an axial location downstream of the measurement locations, based on the determined amount and velocity of these particles (page 34:14 – page 37:9).
Re claim 32, the particles are abrasive particles, and the downstream location is a location of one or more abrasive jet nozzles configured for ejecting the stream in the form of an abrasive jet into impingement with a borehole bottom at different azimuthal positions as controlled by the control unit, and wherein the control unit is furthermore programmed to in dependence of the determined amount of the particles passing the measurement location, at the predicted timing of their arrival at the jet nozzles, selectively cause ejection of these particles at a determined one of the azimuthal positions (page 34:14 – 37:9).
Re claim 33. An assembly according to claim 29 for use in a directional drilling system, wherein the control unit is furthermore connected to an actuator of the drilling system for producing, in the stream supplied to the jet nozzles, stream portions with varying, e.g. alternatingly high and low, concentrations of particles, and is furthermore programmed to in dependence of the determined amount of the particles passing the measurement location and/or a determined velocity of the particles and/or a predicted timing of arrival thereof at the jet nozzles, control the actuator such as to adjust one or more properties of these stream portions (page 34:14 – 37:9).
Re claim 34, an electrical power source connectable or connected to the coil of each device via the connection points thereof for providing the electrical current through the coil, wherein the electrical power source is configured to provide the electrical current through the coil of the device as an alternating current (page 34:22).
Re claim 35, the control unit is furthermore programmed to determine a noise part of the communicated signal, or any values determined therefrom, wherein the determination of the noise part involves determining a difference between respective magnitudes of flux densities indicated by the signal, or therefrom determined values, with oppositely directed electrical currents through the coil, wherein the noise part is determined from this difference, and wherein a clean part of the signal, or therefrom determined values, is determined by subtracting the noise part from the signal, or therefrom determined values, respectively (page 34:14 – page 37:9).
Re claim 36, the sub being connectable at a downhole end thereof to a drill bit, and at another end thereof to a tubular drill string, the sub comprising: a sub fluid inlet port, fluidly connectable to a supply channel through the drill string to receive from said supply channel the stream of drilling fluid mixed with abrasive particles when the system is connected to the drill string, and a sub fluid outlet port, fluidly connectable to a bit fluid inlet port of the drill bit, the sub further comprising the assembly according to claim 23, wherein the circumferential enclosure is formed by a channel of the sub which fluidly interconnects the sub fluid inlet port and the sub fluid outlet port for accommodating the stream therethrough (figs. 1-7, page 13:15 – page 14-1).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Blange.
Blange teaches one or more of the magnetically conducting elements as described above, but is silent on one or more of the magnetically conducting elements where present, are arranged and dimensioned to extend at a distance from the coil of around 50% of a diameter of the coil or smaller. However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the present application to have modified the device of Blame with one or more of the magnetically conducting elements where present, are arranged and dimensioned to extend at a distance from the coil of around 50% of a diameter of the coil or smaller for the predictable performance of the device, since it has been held tat where the general conditions of a claim are discloses in the prior art, discovering the optimum od workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Wilhelm (WO 2014005673) discloses method for detecting particles in a fluid stream.
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/YONG-SUK (PHILIP) RO/Primary Examiner, Art Unit 3676