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
Claims 1, 7 and 12 are objected to because of the following informalities:
(claim 1, line 2) “the flow of a well fluid” should be changed to “a flow of a well fluid”.
(claim 1, line 10) “its element exterior” should be changed to “an exterior of the element”.
(claim 7, line 3) “the element” should be changed to “the upper element”.
(claim 7, line 4) “its narrowing end” should be changed to “a narrowing end of the upper element”.
(claim 12, lines 1-2) “the flow of a well fluid” should be changed to “a flow of a well fluid”.
Appropriate correction is required.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 1-17 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-17 of U.S. Patent No. 12,180,801. Although the claims at issue are not identical, they are not patentably distinct from each other because the pending application presents claims covered by the parent patent. The claims of the pending application correspond with the claims of the parent patent as follows:
Claim 1 of ‘801 corresponds with claims 1 and 3 of the application.
Claim 2 of ‘801 corresponds with claim 2 of the application.
Claim 3 of ‘801 corresponds with claim 4 of the application.
Claim 4 of ‘801 corresponds with claim 5 of the application.
Claim 5 of ‘801 corresponds with claims 1 and 6 of the application.
Claim 6 of ‘801 corresponds with claims 1, 7 and 8 of the application.
Claim 7 of ‘801 corresponds with claim 9 of the application.
Claim 8 of ‘801 corresponds with claim 10 of the application.
Claim 9 of ‘801 corresponds with claim 11 of the application.
Claim 10 of ‘801 corresponds with claims 12 and 13 of the application.
Claim 11 of ‘801 corresponds with claim 14 of the application.
Claim 12 of ‘801 corresponds with claims 12 and 15 of the application.
Claim 13 of ‘801 corresponds with claims 12 and 16 of the application.
Claim 14 of ‘801 corresponds with claims 12 and 17 of the application.
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.
Claims 1, 2, 7, 11 and 12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zhou (US 2012/0261127).
As concerns claim 1, Zhou shows an isolating tool (24) for selectively orienting a flow of a well fluid with respect to a demarcation in an annulus (18) of a well bore (12), the annulus defined by a production tubing (10) inside the well bore, the tool attachable to a downhole end of the production tubing injecting or receiving the well fluid (Fig. 1), the tool comprising: a cylindrical tool housing (25) having a top end conductively connectable to the production tubing and a bottom end opposite the top end (Fig. 1); a lower cylindrical element (28, 38) spring-positioned (34) within and slidably sealing (36) an exterior of the element against an interior wall of the tool housing (Fig. 2-6), the element having an element bore narrowing toward one end and conductive of the well fluid from the production tubing (Fig. 2-6), the spring-positioning and the narrowing bore configured to compress the element toward the narrowing end of the element in proportion to an injection velocity of the well fluid (Fig. 2-6); a lower expandable annular seal (66) disposable on an exterior wall of the tool housing for restricting annular fluid flow across the demarcation (Fig. 2-6); a lower compression means (44) linked to the slidable element for expanding the lower seal against the well bore when the injection velocity of the well fluid exceeds a variable lower seal threshold (optional vent 42 through the body of ball seat 38 would change the downward force needed to urge piston body 28 and compress spring 34); and where exceeding the lower seal threshold enables a treatment of a hydrocarbon production interval surrounding the well bore above the demarcation (Fig. 2-6).
As concerns claim 2, Zhou shows wherein: the variable lower seal threshold is variable by one or more of a preloading of the positioning spring, a spring constant, a bore length, and a degree of bore narrowing (optional vent 42 would change the characteristics of the fluid flow in the tool).
As concerns claim 7, Zhou shows an upper slidable element (28, 38) spring-positioned (34) within the tool housing and upstream of the lower element (Fig. 1), the upper element configured with a narrowing bore for compression toward a narrowing end of the upper element in proportion to the injection velocity (Fig. 2-6), an upper compression means (44) linked to the upper element for expanding an upper annular seal (66) against the well bore when the injection velocity exceeds an upper seal threshold (Fig. 2-6), the lower and the upper elements for isolating and pressurizing the production interval through a perforation cluster in the well bore (Fig. 1-6).
As concerns claim 11, Zhou shows wherein: the lower annular seal (66) is one of a bank of expandable elastic O-rings and a band of shaped rubber (66A), where the lower compression means squeezes (indirectly via fluid 58) the sides of the seal axially (Fig. 2-6).
As concerns claim 12, Zhou shows an isolating tool (24) for selectively orienting a flow of a well fluid with respect to two demarcations bracketing a zone of a well bore (12), the tool attachable to a lower end of a production tubing (10) injecting or receiving the well fluid (Fig. 1), the production tubing inside the well bore defining an annulus (18), the tool comprising: a cylindrical tool housing (25) having a top end conductively connectable to the production tubing and a bottom end opposite the top end (Fig. 1); a lower and an upper cylindrical element (28, 38) slidingly positioned within and near opposite ends of the tool housing, where each of the elements: is spring-positioned (34) with an element exterior sealing (36) against an interior wall of the tool housing (Fig. 2-6), includes an element bore narrowing toward one end and conductive of the well fluid from the production tubing (Fig. 2-6), and is configured to compress the element toward the narrowing end in proportion to an injection velocity of the well fluid by adjusting the spring positioning and bore dimensions (Fig. 2-6); a lower and an upper annular seal (66) each disposable on an exterior wall of the tool housing at the lower and the upper demarcations, respectively, for restricting fluid flow across the annulus (Fig. 1-6); a lower and an upper compression means (44) linked respectively to the lower and the upper slidable elements for expanding the lower seal against the well bore when the injection velocity exceeds a variable lower seal threshold (optional vent 42 through the body of ball seat 38 would change the downward force needed to urge piston body 28 and compress spring 34) and for expanding the upper seal against the well bore when the injection velocity exceeds an upper seal threshold (Fig. 1-6); and where an injection velocity exceeding the upper and the lower seal thresholds seals the annulus at both demarcations for treating the zone (Fig. 1-6).
Allowable Subject Matter
Claims 3-6, 8-10 and 13-17 are 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.
The following is a statement of reasons for the indication of allowable subject matter: the prior art of record does not appear to anticipate and/or render obvious:
a) an isolating tool for selectively orienting a flow of a well fluid with respect to a demarcation in an annulus of a well bore, the annulus defined by a production tubing inside the well bore, the tool attachable to a downhole end of the production tubing injecting or receiving the well fluid, the tool comprising: a cylindrical tool housing having a top end conductively connectable to the production tubing and a bottom end opposite the top end; a lower cylindrical element spring-positioned within and slidably sealing an exterior of the element against an interior wall of the tool housing, the element having an element bore narrowing toward one end and conductive of the well fluid from the production tubing, the spring-positioning and the narrowing bore configured to compress the element toward the narrowing end of the element in proportion to an injection velocity of the well fluid; a lower expandable annular seal disposable on an exterior wall of the tool housing for restricting annular fluid flow across the demarcation; a lower compression means linked to the slidable element for expanding the lower seal against the well bore when the injection velocity of the well fluid exceeds a variable lower seal threshold; where exceeding the lower seal threshold enables a treatment of a hydrocarbon production interval surrounding the well bore above the demarcation; and an element upstream port connecting the bore to the element exterior above the seal, and an annular upstream passage in the housing, the port and the passage slidably alignable for annular upstream flow from the bore when the injection velocity exceeds an upstream flow threshold and the bottom end of the housing is closed.
b) an isolating tool for selectively orienting a flow of a well fluid with respect to a demarcation in an annulus of a well bore, the annulus defined by a production tubing inside the well bore, the tool attachable to a downhole end of the production tubing injecting or receiving the well fluid, the tool comprising: a cylindrical tool housing having a top end conductively connectable to the production tubing and a bottom end opposite the top end; a lower cylindrical element spring-positioned within and slidably sealing an exterior of the element against an interior wall of the tool housing, the element having an element bore narrowing toward one end and conductive of the well fluid from the production tubing, the spring-positioning and the narrowing bore configured to compress the element toward the narrowing end of the element in proportion to an injection velocity of the well fluid; a lower expandable annular seal disposable on an exterior wall of the tool housing for restricting annular fluid flow across the demarcation; a lower compression means linked to the slidable element for expanding the lower seal against the well bore when the injection velocity of the well fluid exceeds a variable lower seal threshold; where exceeding the lower seal threshold enables a treatment of a hydrocarbon production interval surrounding the well bore above the demarcation; and an element downstream port connecting the bore to the element exterior below the seal, and an annular downstream passage in the housing, the port and the passage slidably alignable for annular downstream flow from the bore when the injection velocity falls below a downstream flow threshold, thereby closing off the bottom end at higher velocities.
c) an isolating tool for selectively orienting a flow of a well fluid with respect to a demarcation in an annulus of a well bore, the annulus defined by a production tubing inside the well bore, the tool attachable to a downhole end of the production tubing injecting or receiving the well fluid, the tool comprising: a cylindrical tool housing having a top end conductively connectable to the production tubing and a bottom end opposite the top end; a lower cylindrical element spring-positioned within and slidably sealing an exterior of the element against an interior wall of the tool housing, the element having an element bore narrowing toward one end and conductive of the well fluid from the production tubing, the spring-positioning and the narrowing bore configured to compress the element toward the narrowing end of the element in proportion to an injection velocity of the well fluid; a lower expandable annular seal disposable on an exterior wall of the tool housing for restricting annular fluid flow across the demarcation; a lower compression means linked to the slidable element for expanding the lower seal against the well bore when the injection velocity of the well fluid exceeds a variable lower seal threshold; where exceeding the lower seal threshold enables a treatment of a hydrocarbon production interval surrounding the well bore above the demarcation; an upper slidable element spring-positioned within the tool housing and upstream of the lower slidable element, the element configured with a narrowing bore for compression toward its narrowing end in proportion to the injection velocity, an upper compression means linked to the upper element for expanding an upper annular seal against the well bore when the injection velocity exceeds an upper seal threshold, the lower and the upper slidable elements for isolating and pressurizing the production interval through a perforation cluster in the well bore; and an element upstream port connecting the bore of the lower slidable element to the element exterior above the lower seal, and an annular upstream passage in the housing, the upstream port and the upstream passage slidably alignable for an annular upstream flow from the bore when the injection velocity exceeds an upstream flow threshold, and an element downstream port connecting the bore of the lower slidable element to the element exterior below the lower seal, and an annular downstream passage in the housing, the downstream port and the downstream passage slidably alignable for an annular downstream flow from the bore when the injection velocity falls below a downstream flow threshold.
d) an isolating tool for selectively orienting a flow of a well fluid with respect to two demarcations bracketing a fracture zone of a well bore, the tool attachable to a lower end of a production tubing injecting or receiving the well fluid, the production tubing inside the well bore defining an annulus, the tool comprising: a cylindrical tool housing having a top end conductively connectable to the production tubing and a bottom end opposite the top end; a lower and an upper cylindrical element slidingly positioned within and near opposite ends of the tool housing, where each of the elements: is spring-positioned with an element exterior sealing against an interior wall of the tool housing, includes an element bore narrowing toward one end and conductive of the well fluid from the production tubing, and is configured to compress the element toward the narrowing end in proportion to an injection velocity of the well fluid by adjusting the spring positioning and bore dimensions; a lower and an upper annular seal each disposable on an exterior wall of the tool housing at the lower and the upper demarcations, respectively, for restricting fluid flow across the annulus; a lower and an upper compression means linked respectively to the lower and the upper slidable elements for expanding the lower seal against the well bore when the injection velocity exceeds a variable lower seal threshold and for expanding the upper seal against the well bore when the injection velocity exceeds an upper seal threshold; where an injection velocity exceeding the upper and the lower seal thresholds seals the annulus at both demarcations for treating the fracture zone; wherein: the upper and the lower annular seals each further comprise: a conical collar disposable around the housing exterior at the respective well bore demarcation and axially sloping outward in a direction of seal compression; a cylindrical flexure sleeve formed of multiple tines ringed at one end to receive pressure from the respective compression means during fluid injection, the multiple tines free floating at the other end for slidable expansion over the conical collar; a rubber overmolding substantially wrapping the flexure sleeve and expandable at the respective demarcation when acted upon by the respective slidable element; and where an injection velocity exceeding the upper and the lower seal thresholds expands the rubber overmoldings to seal the annulus at both demarcations for treating the fracture zone.
e) an isolating tool for selectively orienting a flow of a well fluid with respect to two demarcations bracketing a fracture zone of a well bore, the tool attachable to a lower end of a production tubing injecting or receiving the well fluid, the production tubing inside the well bore defining an annulus, the tool comprising: a cylindrical tool housing having a top end conductively connectable to the production tubing and a bottom end opposite the top end; a lower and an upper cylindrical element slidingly positioned within and near opposite ends of the tool housing, where each of the elements: is spring-positioned with an element exterior sealing against an interior wall of the tool housing, includes an element bore narrowing toward one end and conductive of the well fluid from the production tubing, and is configured to compress the element toward the narrowing end in proportion to an injection velocity of the well fluid by adjusting the spring positioning and bore dimensions; a lower and an upper annular seal each disposable on an exterior wall of the tool housing at the lower and the upper demarcations, respectively, for restricting fluid flow across the annulus; a lower and an upper compression means linked respectively to the lower and the upper slidable elements for expanding the lower seal against the well bore when the injection velocity exceeds a variable lower seal threshold and for expanding the upper seal against the well bore when the injection velocity exceeds an upper seal threshold; where an injection velocity exceeding the upper and the lower seal thresholds seals the annulus at both demarcations for treating the fracture zone; and wherein: the element bore of one of the upper and the lower slidable element narrows toward the top end of the housing for compressing the element in a direction opposite to that of the injection velocity.
f) an isolating tool for selectively orienting a flow of a well fluid with respect to two demarcations bracketing a fracture zone of a well bore, the tool attachable to a lower end of a production tubing injecting or receiving the well fluid, the production tubing inside the well bore defining an annulus, the tool comprising: a cylindrical tool housing having a top end conductively connectable to the production tubing and a bottom end opposite the top end; a lower and an upper cylindrical element slidingly positioned within and near opposite ends of the tool housing, where each of the elements: is spring-positioned with an element exterior sealing against an interior wall of the tool housing, includes an element bore narrowing toward one end and conductive of the well fluid from the production tubing, and is configured to compress the element toward the narrowing end in proportion to an injection velocity of the well fluid by adjusting the spring positioning and bore dimensions; a lower and an upper annular seal each disposable on an exterior wall of the tool housing at the lower and the upper demarcations, respectively, for restricting fluid flow across the annulus; a lower and an upper compression means linked respectively to the lower and the upper slidable elements for expanding the lower seal against the well bore when the injection velocity exceeds a variable lower seal threshold and for expanding the upper seal against the well bore when the injection velocity exceeds an upper seal threshold; where an injection velocity exceeding the upper and the lower seal thresholds seals the annulus at both demarcations for treating the fracture zone; and an axial bypass downstream of the lower annular seal for closing tubular outflow therefrom and for pressurizing the fracture zone, the axial bypass comprising a conical plug closing off the center of a bottom end of the lower slidable element, a drain gating a central portion of the bottom end of the tool housing and sealingly receivable of the conical plug when the injection velocity is greater than a bypass threshold, and one or more plug vents around the central portion for passing well fluids when the axial bypass is open.
g) an isolating tool for selectively orienting a flow of a well fluid with respect to two demarcations bracketing a fracture zone of a well bore, the tool attachable to a lower end of a production tubing injecting or receiving the well fluid, the production tubing inside the well bore defining an annulus, the tool comprising: a cylindrical tool housing having a top end conductively connectable to the production tubing and a bottom end opposite the top end; a lower and an upper cylindrical element slidingly positioned within and near opposite ends of the tool housing, where each of the elements: is spring-positioned with an element exterior sealing against an interior wall of the tool housing, includes an element bore narrowing toward one end and conductive of the well fluid from the production tubing, and is configured to compress the element toward the narrowing end in proportion to an injection velocity of the well fluid by adjusting the spring positioning and bore dimensions; a lower and an upper annular seal each disposable on an exterior wall of the tool housing at the lower and the upper demarcations, respectively, for restricting fluid flow across the annulus; a lower and an upper compression means linked respectively to the lower and the upper slidable elements for expanding the lower seal against the well bore when the injection velocity exceeds a variable lower seal threshold and for expanding the upper seal against the well bore when the injection velocity exceeds an upper seal threshold; where an injection velocity exceeding the upper and the lower seal thresholds seals the annulus at both demarcations for treating the fracture zone; and an element upstream port connecting the bore of the lower slidable element to the element exterior above the lower seal, and an annular upstream passage in the housing, the upstream port and the upstream passage slidably alignable for an annular upstream flow from the bore when the injection velocity exceeds an upstream flow threshold and the bottom end of the housing is closed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Zhou (US 2017/0145784) shows an isolating tool.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW R BUCK whose telephone number is (571)270-3653. The examiner can normally be reached Monday-Thursday 6:30-5.
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/MATTHEW R BUCK/Primary Examiner, Art Unit 3672
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