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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the
Claim 1 “a joint of a tubular to pass therethrough, wherein the joint of the tubular is larger than the body” in line 2, and “the sealing element is configured to seal with the tubular both at the joint and the body” in line 4,
Claim 12 “a joint of a tubular to pass therethrough, wherein the joint of the tubular is larger than the body” in line 7, and “the sealing element is configured to seal with the tubular both at the joint and the body” in line 10, and
Claim 12 “a joint of a tubular to pass therethrough, wherein the joint of the tubular is larger than the body” in line 3, and “the sealing element is configured to seal with the tubular both at the joint and the body” in line 7,
must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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) 1-2, and 11 is/are rejected under 35 U.S.C. 102 (a) (1) as being anticipated by D1 (Biffle, US 4,367,795).
For claim 1, D1 discloses, in Figures 1-5, a seal for a rotating control device, the seal comprising:
a ring (37, 42, 36) having an inner diameter sized to permit a joint of a tubular (67) to pass therethrough, wherein the joint of the tubular is larger than a body of the tubular (Figure 5);
a sealing element (34) coupled to the ring, wherein the sealing element is configured to seal with the tubular both at the joint and the body (Figure 5); and
an insert (metal elements 60) coupled to the sealing element (34) and at least partially made of a material that is rigid in comparison to the sealing element, wherein the insert (60) comprises a plurality of segments (80, 82. Figure 4) that are configured to slide at least radially in response to the sealing element expanding and contracting by engagement with the tubular (Plurality of metal inserts are within the rubber sealing element 34. As the rubber sealing element 34 contracts and expands, the plurality metal inserts slide within the sealing element. Col. 4, L 14-18, 40-45, 68.)
For claim 2, D1 discloses the seal of claim 1, wherein the sealing element (34) comprises an elastomeric material (Col.4, L 68), and wherein the insert (60) comprises a metal (Col.5, L 6.)
For claim 11, D1 discloses the seal of claim 1, wherein the seal resiliently forces the insert radially inwards (The insert 60 is within the rubber sealing element 34. During contraction of rubber seal 34, the insert is forced radially inwards.)
Claim Rejections - 35 USC § 103
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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 3-10, and 12-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over D1 (Biffle, US 4,367,795) in view of D2 (Van, US 5,361,832).
For claim 3, D1 discloses the seal of claim 1, wherein the insert (60) extends radially between an outer diameter surface of the tubular (65) and an inner diameter surface of the ring (34), so as to prevent extrusion of the seal through a clearance gap between the ring and the tubular
D2 teaches a seal system with movable element 24’ of each insert 22 extends radially between an outer diameter surface of the tubular and an inner diameter surface of the upper plate 24b of each insert 22 to minimize extrusion of packer elastomer 23 through a clearance gap between the upper plate 24b and the tubular member for effective sealing (Figures 1-2 and 4.) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify D1 such that the insert (60) extends radially between an outer diameter surface of the tubular (65) and an inner diameter surface of the ring (34, Figures 3-4), so as to prevent extrusion of the seal through a clearance gap between the ring and the tubular, as taught by D2 with a reasonable expectation of success of having an effective sealing.
For claim 4, D1 discloses the seal of claim 1, but does not disclose wherein an upper surface of the insert engages a lower surface of the ring.
D2 teaches a seal system with an upper surface of the movable element 24’ of each insert 22 engages a lower surface of the upper plate 24b for effective sealing (Figures 1-2 and 4.) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify D1 such that an upper surface of the insert engages a lower surface of the ring, as taught by D2 with a reasonable expectation of success of having an effective sealing.
For claim 5, D1 discloses the seal of claim 1, but does not disclose wherein each of the plurality of segments of the inserts is formed at least partially from a generally triangular prism shape.
D2 teaches a seal system with plurality of inset 22, 25 each having a generally triangular prism shape for effective sealing (Figures 1-15.) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify D1 such that each of the plurality of segments of the inserts is formed at least partially from a generally triangular prism shape, as taught by D2 with a reasonable expectation of success of having an effective sealing.
For claim 6, the combination teaches the seal of claim 5, wherein each of the plurality of segments of the insert comprises: an upper portion providing the generally triangular prism shape; a lower portion that is offset from the upper portion; and a middle portion that extends between and connects together the upper and lower portions, the middle portion being smaller in radial and circumferential dimension than the upper and lower portions (D2 teaches each insert 22, 25 comprises an upper plate 24b, 27; a lower plate 24c, 28); and a web 24a, 26 that extends between and connects together the upper and lower plates. The web is smaller in radial and circumferential dimensions than the upper and lower plates for effective sealing. Col.4, L 16 – Co.5, L 3. Figures 4-8. D1 modified with D2 teaches the claimed limitations.)
For claim 7, the combination teaches the seal of claim 6, wherein a gap is formed between the middle portions of two adjacent segments of the plurality of segments, such that at least a portion of the sealing element is permitted to move radially through the inserts, between the two adjacent segments via the gap (D2 teaches a gap between the webs 24a, 26 of two adjacent insert 22, 25 such that at least a portion of elastomer body 23 moves radially through the inserts 22, 25 for effective sealing. Col.4, L 16 – Col.5, L 18. Figures 4-9. D1 modified with D2 teaches the claimed limitations.)
For claim 8, the combination teaches the seal of claim 6, wherein at least a portion of the seal is positioned radially inward of the middle portion of each of the plurality of segments, and radially between the middle portion of each of the plurality of segments and a lower extension of the ring (D2 teaches at least a portion of the elastomer body 23 is disposed between the web 24a of the insert 22 and the movable element 24’ for effective sealing. Figures 5-9. D1 modified with D2 teaches the claimed limitations.)
For claim 9, the combination teaches the seal of claim 6, wherein an inner edge of the upper portion of each of the plurality of segments is beveled, such that interaction with the joint of the tubular presses the plurality of segments radially outward (D2 teaches the shape of an edge formed between an upper surface 40 and an inner edge surface 42 for effective sealing. Col.4, L 33-34. Figures 1-2, 7 and 10. D1 modified with D2 teaches the claimed limitations.)
For claim 10, D1 discloses the seal of claim 1, but does not disclose wherein at least one side of each of the plurality of segments is formed at an angle to straight radial, such that the plurality of segments are configured to slide radially inward and outward so as to change an inner diameter of the insert without opening a gap between adjacent segments of the plurality of segments.
D2 teaches a seal system with plurality of insert 22 and each insert has an inner edge surface 42 that is formed at an angle to straight radial to facilitate effective sealing, in Figures 1-2, and 7. Col.4, L 33-34. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify D1 such at least one side of each of the plurality of segments is formed at an angle to straight radial, such that the plurality of segments are configured to slide radially inward and outward so as to change an inner diameter of the insert without opening a gap between adjacent segments of the plurality of segments, as taught by D2 with a reasonable expectation of success of having an effective sealing.
For claim 12, D1 discloses, in Figures 1-5, a rotating control device, comprising:
a stationary body (15);
a bearing (58); and
a rotary seal (Figure 3) configured to rotate relative to the stationary body, the rotary seal comprising:
a ring (37, 42, 36) coupled to the bearing and having an inner diameter sized to permit a joint of a tubular (67) to pass therethrough, wherein the joint of the tubular (67) is larger than a body of the tubular (Figure 5), and wherein a clearance gap is defined between the ring and the tubular (Figure 5);
a sealing element (34) coupled to the ring and configured to seal with the tubular both at the joint and the body (Figure 5); and
an insert (60) coupled to the sealing element configured to prevent the sealing element from extruding through the clearance gap.
D2 teaches a seal system with plurality of insert 22, and each insert having a movable element 24’ configured to minimize extrusion of elastomer body 23 through a clearance gap between an upper plate 24b of insert 22 and tubular member for effective sealing. Col.5, L 31- Col.6, L 40. Figures 1-2. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify D1 such that the insert coupled to the sealing element configured to prevent the sealing element from extruding through the clearance gap, as taught by D2 with a reasonable expectation of success of having an effective sealing.
For claim 13, D1 discloses the rotating control device of claim 12, wherein the insert (60) is constructed at least partially from a metal (Col.5, L 6.), and wherein the sealing element is constructed at least partially from an elastomer (Col.4, L 68.)
For claim 14, D1 discloses the seal of claim 12, wherein the insert (60) extends radially between an outer diameter surface of the tubular (65) and an inner diameter surface of the ring (34), so as to prevent extrusion of the seal through a clearance gap between the ring and the tubular
D2 teaches a seal system with movable element 24’ of each insert 22 extends radially between an outer diameter surface of the tubular and an inner diameter surface of the upper plate 24b of each insert 22 to minimize extrusion of packer elastomer 23 through a clearance gap between the upper plate 24b and the tubular member for effective sealing (Figures 1-2 and 4.) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify D1 such that the insert (60) extends radially between an outer diameter surface of the tubular (65) and an inner diameter surface of the ring (34, Figures 3-4), so as to prevent extrusion of the seal through a clearance gap between the ring and the tubular, as taught by D2 with a reasonable expectation of success of having an effective sealing.
For claim 15, the combination teaches the rotating control device of claim 12, wherein an upper side of the insert engages and slides against a lower side of the ring (D2 teaches a seal system with upper side of the movable element 24’ engages and slides against the lower side of the upper plate 24b for effective sealing. Figures 1-2. D1 modified with D2 teaches the claimed limitations.)
For claim 16, D1 discloses the rotating control device of claim 12, wherein the insert (60) comprises a plurality of segments (80, 82. Figure 4) that are configured to slide radially in response to the sealing element (34) expanding and contracting by engagement with the tubular (In operation, during expansion and contraction, the plurality of segments is configured to slide radially in response to the sealing element. Figures 2-5.)
For claim 17, the combination teaches the rotating control device of claim 15, wherein each of the plurality of segments of the insert comprises: an upper portion; a lower portion that is offset from the upper portion; and a middle portion that extends between and connects together the upper and lower portions, the middle portion being smaller in radial dimension than the upper and lower portions such that a gap is formed between adjacent segments of the plurality of segments (D2 teaches a seal system with insert 22, 25 comprises an upper plate 24b, 27; a lower plate 24c, 28; and a web 24a, 26 that extends between and connects the upper and lower plates. The web is smaller in radial and circumferential dimension than the upper and lower plates such that a gap between two adjacent inserts 22, 25. Figures 4-8. D1 modified with D2 teaches the claimed limitations.)
For claim 18, the combination teaches the seal of claim 16, wherein at least a portion of the seal is positioned radially inward of the middle portion of each of the plurality of segments, and radially between the middle portion of each of the plurality of segments and a lower extension of the ring (D2 teaches at least a portion of the elastomer body 23 is disposed between the web 24a of the insert 22 and the movable element 24’ for effective sealing. Figures 5-9. D1 modified with D2 teaches the claimed limitations.)
For claim 19, D1 discloses the seal of claim 15, but does not disclose wherein at least one side of each of the plurality of segments is formed at an angle to straight radial, such that the plurality of segments are configured to slide radially inward and outward so as to change an inner diameter of the insert without opening a gap between adjacent segments of the plurality of segments.
D2 teaches a seal system with plurality of insert 22 and each insert has an inner edge surface 42 that is formed at an angle to straight radial to facilitate effective sealing, in Figures 1-2, and 7. Col.4, L 33-34. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify D1 such at least one side of each of the plurality of segments is formed at an angle to straight radial, such that the plurality of segments are configured to slide radially inward and outward so as to change an inner diameter of the insert without opening a gap between adjacent segments of the plurality of segments, as taught by D2 with a reasonable expectation of success of having an effective sealing.
For claim 20, D1 discloses, in Figures 1-5, a seal for a rotating control device, the seal comprising:
a ring (34, 42,36) coupled to a bearing (58) of the rotating control device and having an inner diameter sized to permit a joint of a tubular (67) to pass therethrough, wherein the joint of the tubular is larger than a body of the tubular (Figure 5), and wherein a clearance gap is defined between the ring and the tubular (Figure 5);
a sealing element (34) coupled to the ring and configured to seal with the tubular both at the joint and the body (Figures 3 and 5), wherein the sealing element (34) is at least partially constructed of an elastomeric material (Col.3, L 33); and
an insert (60) coupled to the sealing element (34), engaging the ring, and extending radially at least between an outer diameter surface of the tubular and an inner diameter surface of the ring such that the insert is configured to prevent the sealing element from extruding through the clearance gap, wherein the insert (60) is constructed at least partially of metal (Col.4, L15), and wherein the insert (60) comprises a plurality of segments (80,82) that are configured to slide radially in response to the sealing element expanding and contracting by engagement with the tubular.
D2 teaches a seal system with movable element 24’ of each insert 22 extends radially between an outer diameter surface of the tubular and an inner diameter surface of the upper plate 24b of each insert 22 to minimize extrusion of packer elastomer 23 through a clearance gap between the upper plate 24b and the tubular member for effective sealing (Figures 1-2 and 4.) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify D1 such that insert coupled to the sealing element, engaging the ring, and extending radially at least between an outer diameter surface of the tubular and an inner diameter surface of the ring such that the insert is configured to prevent the sealing element from extruding through the clearance gap, and wherein the plurality of segments of the insert are configured to slide radially in response to the sealing element expanding and contracting by engagement with the tubular, as taught by D2 with a reasonable expectation of success of having an effective sealing.
Conclusion
Prior art made of record and not relied upon is considered pertinent to applicant's disclosure and provides example of invention. A few of the prior art cited but not applied include Borden (US 9,863,203); Li (US 8,596,345); and Schaeper (US 4,602,794).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATHAN CUMAR whose telephone number is (571)270-3112. The examiner can normally be reached Monday thru Friday, 8:00 am to 5:00 pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, KRISTINA FULTON can be reached at 571-272-7376. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NATHAN CUMAR/Primary Examiner, Art Unit 3675
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