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 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 5-7 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.
Claim 5 recites the limitation "and a lower upper push nut" in line 2. This is considered to be indefinite and confusing because it is unclear how the push nut can be both lower and upper. Plus, an upper push nut was already preciously claimed. It appears the claim limitation should be referring to a lower push nut, which is consistent with the disclosure (paragraphs 0028-0029).
Claims 6-7 depend from an indefinite claim and are considered to be equally indefinite at this time.
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, 3, 4, and 8-10 is/are rejected under 35 U.S.C. 102a1 as being anticipated by US 20200157917 to Olguin et al.
Regarding claim 1, Olguin discloses a multipressure cycling valve comprises: (a) a top sub 260 adapted to connect to a tubing string and a bottom sub 102 adapted to connect to a toe port device 140; (b) an outer valve housing 220 connected to the top sub and the bottom sub; (c) a rupture disc body comprising a rupture disc 274 exposed to tubing string fluid pressure; (d) a valve mechanism 300 disposed between the valve housing and an annular valve sleeve 180, the valve mechanism comprising a plunger 310 moveable from a closed position 361A, to at least one intermediate closed position 361B, to an open position 361G, and an indexing mechanism 340 which advances the plunger from the closed position to the at least one intermediate closed position by a first pressure event, and to the open position by a subsequent pressure event; (e) a biasing means 322 for urging the plunger towards its closed position; and wherein the valve defines a fluid communication path (from chamber 234 to chamber 236) from the rupture disc body, through the plunger and the bottom sub to the toe port device, which fluid communication path is closed by a rupture disc and the plunger when closed (figs. 1-11; at least paragraphs 0066-0076).
Regarding claim 3, the valve of claim 1 wherein the plunger is moveable from a first intermediate closed position 361B to a second intermediate closed position 361C by a second pressure event (fig. 9 and paragraphs 0069-0072).
Regarding claim 4, the valve of claim 1 wherein the biasing means comprises a coil spring and, optionally, at least one spring spacer 390 (fig. 6).
Regarding claim 8, Olguin discloses a method of actuating a toe port 150, comprising the steps of: (a) providing an indexable valve 300 in a tubing string above the toe port; (b) indexing the valve from a closed state 361A to an intermediate closed state 361B with an initial pressure event; (c) indexing the valve from the intermediate closed state to an open state 361G with a subsequent pressure event, wherein fluid flow through the open valve actuates the toe port (figs. 1-11; at least paragraphs 0066-0076).
Regarding claim 9, the method of claim 8, wherein the valve is indexed with multiple pressure cycles through two or more intermediate closed states 361C-F, before a final pressure event opens the valve (paragraphs 0066-0076 and fig. 9).
Regarding claim 10, the method of claim 8 wherein the indexable valve comprises the valve of claim 1.
Allowable Subject Matter
Claim 2 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claims 5-7 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record on form 892 and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHANE BOMAR whose telephone number is (571)272-7026. The examiner can normally be reached 7:30am-3:30pm EST M-Th.
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/SHANE BOMAR/
Primary Examiner
Art Unit 3674