DETAILED ACTION
The present application is a Continuation (CON) application of U.S. Application No. 18/453,409.
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 .
Response to Amendment
Applicant’s amendment, filed January 21, 2026, have been fully considered.
The objection to the abstract, mailed July 21, 2025, has been withdrawn.
The objection to the Claim 1 regarding inconsistent terminology, mailed July 21, 2025, has been overcome by the Applicant’s amendments.
The objection to the Claim 19 regarding inconsistent terminology, mailed July 21, 2025, has been overcome by the Applicant’s amendments.
The rejection of Claims 1-13 under 35 U.S.C. § 112(b) regarding a broad limitation together with a narrow limitation, mailed July 21, 2025, has been overcome by the Applicant’s amendments.
The rejection of Claim 9 under 35 U.S.C. § 112(b) regarding a broad limitation together with a narrow limitation, mailed July 21, 2025, has been overcome by the Applicant’s amendments.
The rejections of Claim 9 under 35 U.S.C. § 112(b) regarding indefinite terminology, mailed July 21, 2025, have been overcome by the Applicant’s amendments.
The rejections of Claim 10 under 35 U.S.C. § 112(b) regarding insufficient antecedent basis, mailed July 21, 2025, have been overcome by the Applicant’s amendments.
The rejection of Claims 14-18 under 35 U.S.C. § 112(b) regarding insufficient antecedent basis, mailed July 21, 2025, has been overcome by the Applicant’s amendments.
The rejections of Claims 19-20 under 35 U.S.C. § 112(b) regarding insufficient antecedent basis, mailed July 21, 2025, have been overcome by the Applicant’s amendments.
Allowable Subject Matter
Claims 1-13 are allowed.
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 and 16-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by McGowen (US 2019/0390537).
Claim 14. McGowen discloses A method of extracting fluid from a well (12) (Abstract; Figs. 1-5; [0028]) comprising:
providing a downhole control valve (66) located above a positive displacement pump (32) ([0028] – [0029]; [0032]);
regulating a flow of compressed gas (compressed gas provided by 38 through conduit 46 into pump assembly 32 via tubing into flexible bladder 84) during an inflation/deflation cycle (loading cycles / pressurization and vent cycles) using the downhole control valve (Figs. 2, 7A-7D; [0029] – [0030]; [0037]; [0045] – [0046]);
providing compressed gas (compressor 42 adapted to produce pressurized gas) into and out of at least one bladder (84) (compressed gas provided by 38 through conduit 46 into pump assembly 32 via tubing into flexible bladder 84) ([0034]) using a plurality of exclusive flow pathways ([0034]; [0037] – [0040]); and
pressurizing a concentric tubing (46, internal pressure tube not shown through tube 99) throughout the inflation/deflation cycle (Figs. 1-5, 3-3B; [0029] – [0030]; [0037]).
Claim 16. McGowen discloses The method of claim 14, wherein the downhole control valve is configured to operate in a vertical well (18) (Fig. 1; [0028]).
Claim 17. McGowen discloses The method of claim 14, wherein the downhole control valve is configured to operate in a horizontal well (22) (Fig. 1; [0028]).
Claim 18. McGowen discloses The method of claim 14, further comprising: repeating inflating and deflating of the at least one bladder to allow reservoir fluid to be displaced to an above ground level ([0037]; [0045] – [0046]).
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 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over McGowen (US 2019/0390537) in view of Coronado et al. (US 2002/0092654).
Claim 19. McGowen discloses A method of extracting fluid from a well comprising: providing a downhole control valve located above the positive displacement pump; regulating a flow of compressed gas during an inflation/deflation cycle using the downhole control valve; providing compressed gas into and out of the at least one bladder using a plurality of exclusive flow pathways; pressurizing a secondary tubing string throughout the inflation/deflation cycle (See rejection(s) and rationale(s) for Claims 1-10, 12-14, and 16-18 under as being anticipated by and/or unpatentable over McGowen (US 2019/0390537), above)…
McGowan does not disclose: displacing reservoir fluid above a packer in a vertical section of the wellbore; and once the fluid is displaced above the packer, engaging a legacy artificial lift system, operating independently, to produce the fluid to an above ground level. However, Coronado teaches optionally utilizing a packer (30) in conjunction with an expandable bladder (38) ([0039] – [0041]). It would have been obvious to one of ordinary skill in the art, before the effective filing date, to modify the system in McGowen with a packer, as instantly claimed, in order to seal a space between tubing and casing / wellbore prior to and/or during wellbore operations for various reasons, such as zonal isolation.
Claim 20. McGowan in view of Coronado teach The method of claim 19. McGowan discloses wherein the well is one or more of a vertical well or a horizontal well (18, 22) (Fig. 1; [0028]).
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over McGowen (US 2019/0390537) in view of Quintero et al. (US 10,590,748).
Claim 15. McGowen discloses The method of claim 14. McGowan discloses further comprising: performing the operations of providing a downhole control valve (60) (Figs. 2, 7A-7D; [0031]; [0037]), regulating a flow of compressed gas (compressed gas provided by 38 through conduit 46 into pump assembly 32 via tubing into flexible bladder 84) (Figs. 2, 7A-7D; [0029] – [0030]; [0037]; [0045] – [0046]), providing compressed gas into and out of the at least one bladder (pump drive assembly comprises compressor 42 adapted to produce pressurized gas, compressed gas provided by 38 through conduit 46 into pump assembly 32 via tubing into flexible bladder 84 (Figs. 1-5, 3-3B, 7A-7D; [0029] – [0030]; [0037])…
McGowan does not disclose pressurizing the concentric tubing in multiple wells simultaneously. However, Quintero teaches a downhole system, comprising: pressurizing tubing in multiple wells simultaneously (Fig. 8; Col. 9, lines 42-62). It would have been obvious to one of ordinary skill in the art, before the effective filing date, to modify the system in McGown with a plurality of wells, as taught by Quintero, in order to simultaneously perform wellbore operations in various regions.
Response to Arguments
Applicant’s arguments (See Applicant’s Remarks, filed 01/21/2026: pp. 7-9), with respect to Claims 1-13 have been fully considered and are persuasive. The rejection(s) of Claims 1-13 within the previous Office action, mailed 07/21/2025, have been withdrawn.
Applicant's arguments (See Applicant’s Remarks, filed 01/21/2026: p. 9), with respect to Claims 14-20 have been fully considered but they are not persuasive.
The Examiner notes that independent Claim 14 broadly recites any concentric tubing, but fails to recite a specific location of the concentric tubing as recited within amended Claim 1.
The Examiner notes that independent Claim 19 fails to recite concentric tubing.
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 Crystal J. Lee whose telephone number is (571)272-6242. The examiner can normally be reached M-F from 9:00am - 5:00pm.
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/CRYSTAL J LEE/Primary Examiner, Art Unit 3674