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 .
Specification
The abstract of the disclosure is objected to because of a single run-on sentence “An assembly suitable for use in downhole operations including frac'ing.” A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
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.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Tolman et al. (WO 2019103780 - Tolman).
Tolman discloses an assembly, comprising:
Re claim 1:
a sabot comprising an ignition stack (a sabot, Casing 122, that can encase Projectile 121, includes an ignition stack, Igniter 127; Para. 0073; Fig. 9); and
a projectile partially received within the sabot (Projectile 121 can be "a sabot-encased projectile" is partially encased at its base by Mouth 124 of the sabot, Casing 122; Para. 0073; Fig. 2-9), and the projectile comprising an electrical contact in electrical communication with the ignition stack (Igniter 127 is any suitable primer, including electronic, which of necessity requires electrical contact with Projectile 121 through contact with the metal housing of Casing 122 to ignite Propellant 126; Para. 0069-0070; Fig. 9).
Re claim 2, after firing of the projectile, a portion of the sabot is reusable for firing of another projectile (after firing Cartridge 121 in Step 250 of Method 200, Casing 122, i.e. the sabot encasing Projectile 121, is removed from Breech 132 of Barrel 130 in Step 280, Casing 122 being fabricated of metal, brass, steel, etc., indicating it is capable of being reused; Para. 0060, 0066, 0073-0084).
Re claim 3, the sabot comprises an annular interface surface that conforms to a shape of a portion of the projectile (Mouth 124 includes an inner or annular surface into which Projectile 121 is positioned, and which conforms to the outer surface of Projectile 121; Para. 0069; Fig. 9).
Re claim 4, the projectile comprises a crown configuration disposed about a circumference of the projectile (the top surface of Projectile 121, the outer edge of which is disposed about the outer surface of the projectile; Fig. 9).
Re claim 5, the ignition stack is electrically grounded to a terminal of the sabot (Igniter 127, being an electronic igniter and incorporated into the sabot encasing Projectile 121, e.g. Casing 122, requires both a ground terminal and a power or hot terminal to complete an electric or electronic circuit; Para. 0069-0073; Fig. 9).
Re claim 6, the projectile comprises a kinetic energy perforating round (KEPR) (Projectile 121 penetrates Downhole Tubing 60 "before coming to rest within the subterranean formation", indicating the projectile is a kinetic energy perforating round; Para. 0033; Fig. 1-9).
Re claim 7, a carrier in which the sabot and the projectile are configured to be received (Stack Magazine 112and/or Tubular Magazine 114 of Magazine 110, each of which carries Cartridges 120; Para. 0051; Fig.2-8).
Re claim 8, the carrier comprises a propellant chamber configured to receive a portion of the sabot so that an ignitor of the ignition stack extends into the propellant chamber (Propellant Chamber 126; Para. 0069; Fig. 9).
Re claim 9, the carrier comprises a barrel in which the projectile and sabot are configured to be partly received (Barrel 130 into which Cartridge 120 is at least partially disposed; Para. 0023, 0030-0031; Fig. 2-8).
Tolman discloses a method, comprising:
Re claim 10:
positioning an assembly in a downhole environment (Perforation Device 100 is positioned in a Downhole Direction 44 within Downhole Conduit 60; Para. 0074-0075; Fig. 1), and the assembly comprises a sabot and a projectile that contacts the sabot (the sabot, Casing 122 at least partially encases Projectile 121 at Mouth 124; Fig. 2-9; Para. 0073);
using an ignition stack of the sabot to ignite a propellant carried by the assembly (the Firing The Selected Cartridge Step 250 that utilizes Igniter 127 to ignite Propellant 126; Para. 0069-0072, 0074, 0079-0085; Fig. 9-10); and
propelling the projectile through a target, using a propellant gas generated by ignition of the propellant, so that the projectile creates a perforation in the target (Step 270 in which Projectile 121 is "accelerated" or propelled by the ignition of Propellant 126 and penetrates the target, Downhole Tubing 60, and forms Perforation 64 before coming to rest within the subterranean formation; Para. 0033, 0070-0085; Fig. 1-10).
Re claim 11, when a fluid passes through the perforation, a structure of the perforation induces, in the fluid, any one or more of: laminar flow; turbulent flow; and/or transition flow (when perforation devices are "utilized to form one or more perforations within downhole tubing extending within a wellbore that extends within a subterranean formation... ", the perforations "facilitate fluid communication between the subterranean formation and a downhole conduit", and as fluid flow can essentially be only laminar, turbulent or transitional flow, the fluid flow would of necessity be at least one of laminar, turbulent or transitional flow; Para. 0003; Fig. 1-10).
Re claim 12, the target comprises a well casing (Projectile 121 forms Perforations 64 that penetrate Tubing 60 and Wellbore 50 before coming to rest within the Subterranean Formation 40; Para. 0033, 0070-0085; Fig. 1-10).
Re claim 13, the projectile passes partway into one or more other materials beyond the target, and the one or more other materials comprises one or both of cement, and a formation (Projectile 121 penetrate Tubing 60 and Wellbore 50 then comes to rest within the Subterranean Formation 40, indicating Projectile 121 passes partway into Formation 40; Para. 0033, 0070-0085; Fig. 1-10).
Re claim 14, the target exhibits a crown and valley configuration adjacent to the perforation (Perforation 64 in Tubing 60 exhibits a crown formation, i.e. the open top of the "V" formed by Perforation 64, and a valley formation, i.e. the closed bottom point of the "V" formed by Perforation 64; Fig. 2-8).
Re claim 15, the sabot is reused to fire another projectile (Step 290 repeats the entire process, i.e. reuses a sabot-encased projectile to form the perforations; Para. 0074-0085; Fig. 1-10).
Re claim 16, the perforation has a uniform depth in the target (each Perforation 64 is shown being of uniform depth through Tubing 60 and into Formation 40; Fig. 2-8).
Re claim 17, the ignition stack ignites the propellant in response to an electrical current applied to a contact point of the projectile that is in electrical communication with the ignition stack (Igniter 127, being an electronic igniter, can receive an electronic firing signal to initiate ignition of Propellant 126; Para. 0067-0070; Fig. 9).
Re claim 18, the sabot and projectile remain connected to each other after the projectile has been fired (the sabot, encasing Projectile 121, is capable of remaining connected to the projectile after being fired; Para. 0073; Fig. 2-9).
Re claim 19, a portion of the sabot is positioned in the perforation after the projectile has been fired (the sabot, encasing Projectile 121, is capable of remaining connected to the projectile after being fired and, therefore, would remain in Perforation 64 formed through Tubing 60 and Formation 40 after Projectile 121 comes to rest within Formation 40; Para. 0033, 0073; Fig. 2-9).
Re claim 20, the projectile creates a jet nozzle in the target as the projectile passes through the target (Perforation 64 formed in the target, Tubing 60, is shown as a V-shaped opening considered to be a jet nozzle that allows fluid to flow from Formation 40 into Conduit 62; Para. 0003; Fig. 2-8).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Brown et al. (10591263) teaches sabot and projectile with combustible materials and ignitor. White (5415102) teaches sabot and projectile forced by ignition of black powder. Dietle et al. (5765637) teaches hydraulic ram forcing projectile to produce a hole through a casing wall.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to YONG-SUK (PHILIP) RO whose telephone number is (571)270-5466. The examiner can normally be reached Monday-Friday 8:00-4:30.
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/YONG-SUK (PHILIP) RO/Primary Examiner, Art Unit 3676