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 .
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.
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 14, 15 and 18-20 are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by Coon (US Patent Application Publication No. 2013/0206402).
In reference to claim 14, Coon discloses an actuation device 24, comprising:
a housing 14 comprising an axial bore extending therethrough, an opening 17 to the axial bore, and a plug seat 22 within the axial bore proximate the opening 17 (Fig. 1A); and
a removable non-spherical plug 24 that removably seats in the plug seat 22 to close the opening,
wherein the plug seat 22 comprises an inner wall that defines a cavity and a ridge 126 (Fig. 3A) that extends circumferentially around the inner wall, the cavity being configured to receive at least a portion of the removable non-spherical plug 24 (Fig. 3A).
In reference to claim 15, Coon discloses that the plug 24/124 is approximately cylindrical in shape (Figs. 1 and 2).
In reference to claim 18, Coon discloses a method for treating a formation having wellbore tubing 14 installed therein, and comprising a plurality of sleeve assemblies 22a-22c (Fig. 1), the method comprising:
providing a first actuation device 24/124 (Figs. 1 and 2) with a non-spherical plug 125 (Fig. 2) secured to a housing 114 with an axial bore in a plug seat 122a comprising an inner wall having a ridge 126 that extends circumferentially around the inner wall and defining a cavity (Fig. 3A) configured to receive at least a portion of the removable non-spherical plug 124, wherein the non-spherical plug 125 is configured to block downhole fluid flow through the axial bore of the housing (Fig. 3C);
introducing the first actuation device 124 into the wellbore tubing 14 such that it seats in a first sleeve assembly 22a of the plurality of sleeve assemblies 22a-22c;
removing the non-spherical plug 125 from the housing 114 by increasing downhole pressure to a pre-determined threshold and shifting the plug 125 on the ridge 126 (Figs. 3B and 3C); and
introducing a second actuation device (par. 0072) into the wellbore tubing 14 without removing the non-spherical plug 125 from the wellbore tubing 14 (par. 0071).
In reference to claim 19, Coon discloses that the first actuation device 24/124 comprises a securing mechanism 164 configured to secure the non-spherical plug 125 in the housing 114 (Fig. 3A).
In reference to claim 20, Coon discloses that removing the non-spherical plug 125 further comprises reversing fluid flow through the wellbore tubing 14 such that fluid flows uphole through the axial bore to push the plug 125 out of the housing 114 (par. 0071, “a major portion of the dart has dissolved leaving only components such as battery 150, the circuit board and switches 140. These components, being small in size can be produced to surface with the backflowing produced fluids”; this would result in fluid flow forcing any dissolved or undissolved parts of device 24/124 back out of the well).
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 16 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Coon (US Patent Application Publication No. 2013/0206402).
In reference to claims 16 and 17, Coon, in the embodiment shown in Figs. 2 and 3A-3C, fails to disclose at least one releasable securing mechanism configured to releasably secure the plug in the plug seat comprising at least one component selected from the group consisting of shear threads, one or more shear pins, one or more shear screws, a detent-and-groove mechanism, and combinations thereof.
However, in the embodiment shown in Figs. 5A-5G, Coon discloses a releasable securing mechanism 274 that releasably secures a plug 224 in a plug seat, the mechanism 274 comprising shear pins (par. 0079). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include a shear pin release mechanism with a reasonable expectation of success as it amounts to a substitution of equivalent structures to perform the same function, which is in this case to temporarily secure a plug to a seat.
Claims 21 and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Coon (US Patent Application Publication No. 2013/0206402) in view of Ingraham et al. (US Patent Application Publication No. 2016/0084075).
In reference to claims 21 and 22, Coon discloses an impact sensor 140 configured to generate an impact signal in response to a physical impact experienced by the actuation device 24/124 (par. 0051) but fails to disclose a confirmation sensor configured to be powered and generate a confirmation signal in response to detection of a detectable feature.
Ingraham discloses a confirmation sensor (par. 0111, the second signal 2104 is produced by the confirmation sensor after the first signal is produced by the first sensor) configured to be powered and generate a confirmation signal in response to detection of a detectable feature (par. 0111). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include a confirmation sensor with a reasonable expectation of success so that the actuation device can more accurately count the valve assemblies through which it passes.
Allowable Subject Matter
Claims 1, 2 and 4-12 are allowed.
Response to Arguments
Applicant’s amendments have overcome the rejections to claims 1, 2 and 4-12.
In reference to claim 14, Applicant argues that the rejection should be withdrawn as Coon fails to disclose a plug seat comprising an inner wall that defines a cavity and a ridge that extends circumferentially around the inner wall, the cavity being configured to receive at least a portion of the removable non-spherical plug. The examiner finds this unpersuasive as Coon discloses a plug seat 122a (Fig. 3A) comprising an inner wall defining a cavity and a ridge 126, the cavity receiving the plug 125 (Fig. 3C).
In reference to claim 18, Applicant’s arguments are moot in view of the new grounds of rejection.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRAD HARCOURT whose telephone number is (571)272-7303. The examiner can normally be reached Monday through Friday, 9am to 6pm.
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, Doug Hutton can be reached at (571)272-4137. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRAD HARCOURT/Primary Examiner, Art Unit 3674
2/24/26