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 amendment, filed on 11/25/2025.
Claims 1-3, 6-11, 14, 16-17, 19-22, and 24-25 were previously amended.
Claims 4-5 were previously canceled.
Claims 1-3, and 6-25 are currently pending, no amendments were filed, and were previously examined.
Response to Arguments
The response filed 11/25/2025 has been entered. Claims 1-3, and 6-25 remain pending in the application as Applicant did not file new claims and presented only arguments.
Applicant’s argument with respect to the 35 U.S.C 112(b) rejection has been fully considered and is not persuasive, therefore the rejection has been maintained set forth below.
Applicant’s argument with respect to the prior art rejections of claims 1-3, and 6-25 has been fully considered and are not persuasive, therefore the rejections have been maintained as set forth below.
In regards to Applicant’s argument that clam 25 is not indefinite, Examiner respectfully disagrees. Claim 22, from which claim 25 depends, is expressly directed to the method of operating of a tubular lifting and handling system for a first and second wellbore operation. As a dependent claim, claim 25 must further limit or remain consistent with the subject matter of claim 22. However, Claim 25 recites a wireline operation, which is a well-understood operation distinct from tubular lifting and handling operations. Claim 25 fails to recite any structural or functional relationship between the recited wireline operation and the tubular lifting and handling system of claim 22. As written, it is unclear how the wireline operation is performed in the context of the tubular (emphasis added) lifting and handling system of claim 22. The introduction of subject matter that is incompatible with or unrelated to the limitations of the parent claim renders the scope of claim unclear and fails to particularly point out and distinctly claim the subject matter as the invention. As one of ordinary skill in the art would not be reasonably apprised of the scope of claim 25 in view of its dependency from claim 22, the rejection under 35 U.S.C. 112(b) is maintained.
In regards to Applicant’s arguments that Wright fails to disclose a modular tubular lifting and handling system comprising of two or more modules, Examiner respectfully disagrees. Wright discloses a three component system comprising of a telescopic derrick section, a casing jack platform, and a base section that can be easily and readily assembled and dissembled for quick and easy transport. Therefore, under the broadest reasonable interpretation, the requirement for a “modular tubular lifting and handling system” is met by a system comprising discrete, connectable sub-units that are assembled into a unified structure for operations and can be disassembled for deployment and transport. Wright discloses such a system of cooperating structural sub-units (telescoping derrick, casing jack and base) that form a larger functional assembly for handling and lifting tubulars. A person of ordinary skill in the art would reasonably understand these cooperating sub-units as modules capable of being assembled and disassembled fulfilling the claim requirement.
In regards to Applicant’s arguments that Wright fails to disclose two or more modules can be assembled and/or arranged into two or more different configurations for performing two or more wellbore operations, Examiner respectfully disagrees. Wright discloses a modular system capable of performing different tubular lifting and handling operations depending on the configuration of the modules. Under the broadest reasonable interpretation, a “configuration” is a physical assembly of the modular sub-units suitable for performing a particular tubular handling operation, not a separate machine. Wright teaches a first configuration in which the system operates as a casing jack for applying controlled hydraulic force to tubulars, and a second configuration in which the system operates as a telescopic derrick for hoisting, running, and pulling tubulars. Therefore, under the broadest reasonable interpretation, the requirement for “two or more modules can be assembled and/or arranged into a first configuration to perform one or more tubular member lifting and handling tasks in a first wellbore operation” and “two or more modules can be assembled and/or arranged into a second configuration to perform one or more tubular member lifting and handling tasks in a second wellbore operation” are met by a singular modular system capable of being arranged in different operational configurations for hoisting or applying force to tubulars. These configurations are operationally distinct arrangements of the same modular system, each performing tubular lifting and handling tasks, albeit using different mechanisms and force application principles. One of ordinary skill in the art would reasonably understand that the telescopic derrick configuration and the casing jack configuration represent different modular arrangements suited for different tubular handling operations therefore fulfilling the claim requirements.
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.
Claim 25 is 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.
Claim 25 recites the limitation: operation is a wireline operation, and wherein the system comprises at least a wireline assembly and a crane module, the method further comprising: lifting the wireline assembly into position above the wellbore; passing a wireline into the well; and conducting the wireline operation. Claim 25 depends from claim 22, wherein the preamble of claim 22 recites “A method of operating a modular tubular lifting and handling system.” However, the body of claim 25 does not recite or clearly link the claimed method steps or components to the tubular lifting and handling system of claim 22. Claim 25 relies on a tubular lifting and handling system for its structure and it is unclear how the wireline operation is performed in the context of the tubular (emphasis added) lifting and handling system of claim 22. Therefore, one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
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.
Claims 1-3, 7-14, and 17-24 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wright (US2016/0076310).
Claim 1. Wright discloses: A modular tubular lifting and handling system (three component system comprising of a telescopic derrick section, a casing jack platform, and a base section that can be easily and readily assembled and dissembled for quick and easy transport, [0019, 0027]), the system comprising: two or more modules wherein each module comprises at least one rig system component (telescopic derrick section, a casing jack platform, and a base section, [0019]); wherein the two or more modules are configured to be connected or interconnected together so as to form an integrated structure (Fig. 1A-1B; 15 telescopic derrick is coupled to 20 casing jack and 25 rotary floor); wherein the two or more modules are configured to be assembled and/or arranged into a first configuration to perform one or more tubular member lifting and handling tasks in a first wellbore operation (20 casing jack, [0007]); and wherein the two or more modules are configured to be assembled and/or arranged into a second configuration to perform one or more tubular member lifting and handling tasks in a second wellbore operation (15 telescopic derrick, [0023]).
Claim 2. Wright discloses: The modular rig system according to claim 1 configured to be assembled, positioned and/or installed substantially above and/or adjacent to a wellbore ([0007]).
Claim 3. Wright discloses: The modular system according to claim 1 wherein the two or more modules comprise a frame wherein the frames of the two or more modules are assembled together to form the integrated structure (Fig. 1A-1B; 15 telescopic derrick is coupled to 20 casing jack and 25 rotary floor).
Claim 7. Wright discloses: The modular system according to any preceding claim 1 wherein the two or more modules are arranged in a vertical and/or horizontal stacked arrangement (Fig. 1A-1B).
Claim 8. Wright discloses: The modular system according to claim 1, wherein the arrangement of the two or more modules in the integrated structure are configured to transfer loads acting on each of the two or more modules directly to a base support structure (Fig. 1A-1B; loads are inherently transferred from the telescopic derrick to the casing jack platform to the rotary floor through the load bearing structure).
Claim 9. Wright discloses: The modular system according to claim 1 wherein the modular system is selected from the group comprising a tubular handling system, a tubular lifting system, a pipe removal system, a conductor pipe handling system, a drill system and/or a wireline system (Fig. 1A-1B, 20 telescopic derrick is a tubular handling system; [0007]).
Claim 10. Wright discloses: The modular system according to claim 1 wherein the wellbore operation is selected from the group comprising running in, pulling out, drilling, milling, workover, completion and/or decommissioning operation ([0018]).
Claim 11. Wright discloses: The modular system according to claim 1 wherein the two or more modules is selected from the group comprising lifting module, crane module, iron roughneck, platforms, slip assembly, top drive assembly, elevator assembly, lubricator system, mast; support mast; catwalk module, monkey arm, racker, radial racker, BOP module, base support module, lift support module, crane module, jib crane module, diamond cutter, skidding system, driller cabin, motor control centre, sub-structure, bell nipple frame, pipe handling module and/or tubular storage module (15 telescopic derrick, 20 casing jack, 25 rotary floor, Fig. 1A-1B)
Claim 12. Wright discloses: The modular system according to claim 11 wherein at least one module comprises at least one lifting module (23 hydraulic rams, Fig. 2).
Claim 13. Wright discloses: The modular system according to claim 12 wherein the at least one lifting module comprises at least one lifting mechanism selected from the group comprising a jack system, screw jack, hydraulic cylinder, pulley system, rack and pinion system, linear motor or any other lifting device (13 traveling block, Fig. 2).
Claim 14. Wright discloses: The modular system according to claim 1 comprising two or more lifting mechanisms where a first lifting mechanism is configured to lift or lower a tubular a first distance (23 hydraulic rams of 20 casing jack, Fig. 2; [0024]) and a second mechanism is configured to lift and/or lower a tubular a second distance (13 traveling block, Fig. 2; [0025]).
Claim 17. Wright discloses: A method of configuring a modular tubular lifting and handling system comprising: providing a modular tubular lifting and handling system comprising two or more modules wherein each module comprises at least one rig system component, wherein the two or more modules are configured to be connected or interconnected together to form an integrated structure, wherein the two or more modules are configured to be assembled and/or arranged into a first configuration to perform one or more tubular member lifting and handling tasks in a first wellbore operation, and wherein the two or more modules are configured to be assembled and/or arranged into a second configuration to perform one or more tubular member lifting and handling tasks in a second wellbore operation; and assembling the two or more modules in a first configuration to form an integrated structure to perform a first well operation (see previous rejections).
Claim 18. Wright discloses: The method according to claim 17 comprising assembling the two more modules into at least a second configuration to perform at least a second well operation (see previous rejections).
Claim 19. Wright discloses: The method according to claim 17 wherein the first well operation and/or second well operation is selected from the group comprising a wellbore tubular lifting operation, a drilling operation, a pipe removal operation, a conductor jacking operation, completion operation and/or a wireline operation (see previous rejections).
Claim 20. Wright discloses: The method according to claim 17 comprising arranging the two or more modules in a stacked or connected arrangement to form an integrated structure (see previous rejections).
Claim 21. Wright discloses: The method according to claim 17 comprising removing, adding and/or repositioning at least one module in the integrated structure to form the second configuration (15 telescopic derrick is configurable for different heights via 17 and 19 hydraulic rams wherein each ram can be positioned differently relative to each other; [0031]).
Claim 22. Wright discloses: A method of operating a modular tubular lifting and handling system (abstract) comprising: providing a modular tubular lifting and handling system comprising two or more modules (15 telescoping derrick comprising of 31 winch system and 13 traveling block; 20 casing jack; Fig. 2), each module comprising at least one rig system component, wherein the two or more modules are configured to be connected or interconnected together so as to form an integrated structure (Fig. 2), wherein the two or more modules are configured to be assembled and/or arranged into a first configuration to perform one or more tubular member lifting and handling tasks in a first wellbore operation (15 telescoping derrick, Fig. 2; [0025]), and wherein the two or more modules are configured to be assembled and/or arranged into a second configuration to perform one or more tubular member lifting and handling tasks in a second wellbore operation (20 casing jack comprising of 22 traveling spider, Fig. 2; [0024]); assembling the two or more modules in a first configuration to form an integrated structure (Fig. 2); performing a first well operation (15 telescopic derrick lifts or lowers tubulars to 20 casing jack, [0023]); reconfiguring the two or more module to form a second configuration; and performing a second well operation (20 casing jack can be reconfigured up or down for conducting other rig related work using the traveling spider, [0025]).
Claim 23. Wright discloses: The method according to claim 22 wherein the first or second well operation is a tubular handling operation, wherein system comprises at least one lifting module comprising a lifting mechanism configured to lift and/or lower a tubular; and actuating the lifting mechanism to lift or lower a tubular section out from or into the wellbore (13 traveling block, Fig. 2; [0025]).
Claim 24. Wright discloses: The method according to claim 22 wherein the first or second well operation is a drilling operation ([0018]), wherein system comprises at least one lifting module and a top drive module ([0023]), and wherein the at least one lifting module comprises two or more lifting mechanisms configured to support the load of the top drive module (31 winch, 13 traveling block; Fig. 2), the method further comprising: moving a top drive module connected to a drill pipe member a first vertical distance using a first lifting mechanism (lowering tubular, [0025]); transferring the load of the top drive module to a second lifting mechanisms (22 traveling spider of 20 casing jack, Fig. 2; [0024]) and moving the top drive module a second vertical distance using the second lifting mechanism (once the tubular is transferred to the casing jack, the top drive would be moved vertically upward for the next operation as an inherent function of rig operation during the make-up of tubular strings, [0023]).
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 6 is rejected under 35 U.S.C. 103 as being unpatentable over Wright (US2016/0076310).
Claim 6. Wright discloses: The modular system according to claim 1. Wright does not explicitly disclose: the two or more modules are configured to be arranged in a different configuration by adding to or removing at least one module from the integrated structure depending on the wellbore operation. However, Wright does disclose the embodiments can be separate or used in various combinations ([0035]); therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to configure the telescopic derrick, casing jack and rotary floor in different combinations to suit specific rig operation as instantly claimed based on choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success. KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007). For example, the telescopic derrick and rotary floor could be integrated and operated without the casing jack, and still function effectively as a rig for lifting and handling pipe with predictable results.
Claims 15 is rejected under 35 U.S.C. 103 as being unpatentable over Wright (US2016/0076310) in view of Taggart et al. (US2015/0259984)
Claim 15. Wright discloses: The modular system according to claim 14 and the two or more lifting mechanisms. Wright does not disclose: lifting mechanisms hydraulically connected and configured to transfer hydraulic fluids between the two or more lifting mechanisms.
Taggart teaches: lifting mechanisms (28 hydraulic cylinder and 34 hydraulic winch, Fig. 11) hydraulically connected and configured to transfer hydraulic fluids between the two or more lifting mechanisms (12 hydraulic drive assembly; [0006], [0070]).
Taggart teaches a hydraulic controlled rig apparatus for drilling or servicing a well where the apparatus comprises of a hinged derrick, a moveable platform, hydraulic cylinders, a hydraulic actuated winch and a hydraulic drive assembly to operate the apparatus.
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 hydraulic drive assembly and hydraulic actuated winch of Taggart into the system of Wright to create a fluidly coupled system were hydraulic fluid is used to acuate the lifting cylinders and winch as taught by Taggart with predictable results ([0006]).
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Wright (US2016/0076310) in view of Wang et al. (US2015/0197997)
Claim 16. Wright disclose: The modular system according to claim 1 and two or more modules. Wright does not disclose: configured for continuously and/or automatic tripping.
Wang teaches: configured for continuously and/or automatic tripping (2 elevator transfer device, Fig. 1-2; [0057]).
Wang teaches an apparatus for continuous, automatic tripping of drill pipe comprising of an elevator transfer device; therefore, 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 elevator transfer device of Wang into the system of Wright to create a system where drill pipe is continuously tripped, reduce labor intensity, and improve safety as taught by Wang with predictable results ([0003, 0057]).
Claim 25 is rejected under 35 U.S.C. 103 as being unpatentable over Wright (US2016/0076310) in view of Helms (US5735351).
Claim 25. Wright discloses: The method according to claim 22. Wright does not disclose: the first or second well operation is a wireline operation, and wherein the system comprises at least a wireline assembly and a crane module, the method further comprising: lifting the wireline assembly into position above the wellbore; passing a wireline into the well; and conducting the wireline operation.
Helms teaches: the first or second well operation is a wireline operation (Col. 1, lines 1-15), and wherein the system comprises at least a wireline assembly (downhole tool; Col. 9, lines 58-61) and a crane module (62 sheave, Fig. 7; performs the action of a crane to hoist the wireline), the method further comprising: lifting the wireline assembly into position above the wellbore; passing a wireline into the well; and conducting the wireline operation (Fig. 5, Fig. 7; Col. 9, lines 21-67).
Helms teaches an apparatus comprising of a sheave assembly that is attached to a rig system for facilitating the use of wireline and wireline tools for rig operations.
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 wireline sheave apparatus of Helms into the system of Wright to create a system where wireline and wireline tools could be utilized for rig operation as taught by Helms with predicable results (Col. 9, lines 45-61).
Conclusion
THIS ACTION IS MADE FINAL. 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 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.
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/DANIEL T CRAIG/
Examiner, Art Unit 3676
/TARA SCHIMPF/Supervisory Patent Examiner, Art Unit 3676