DETAILED ACTION
Claims 1-19 were filed with the Preliminary Amendment dated 02/11/2025.
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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 02/11/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Drawings
The drawings are objected to because Figures 1-8 show sectional views, but do not include the required hatching (see 37 C.F.R. 1.84(h)(3)).
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 following must be shown or the feature(s) canceled from the claim(s):
Side openings and insert of the housing (claim 6)
First connector (claim 9, claim 15)
Second connector (claim 9, claim 15)
Centralisers (claim 12)
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.
Claims 1, 2, and 8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Pat. Pub. No. 2015/0240600 (“Fripp”).
With regard to claim 1, Fripp discloses an inflow control device (Figs 7A-7B) for use in a well or pipeline (“wellbore” para [0028]), the inflow control device being configured to switch reversibly between an open state (Fig 7B) and a closed state (Fig 7A), or between a closed state (Fig 7A) and an open state (Fig 7B), the inflow control device comprising: a housing (210); a gate (216) moveable within the housing (210) between a closed state (Fig 7A) and an open state (Fig 7B); the housing (210) defining a first valve seat (at 221b) for receiving the gate (216) in a closed state (Fig 7A), and a second valve seat (at 221a) for receiving the gate (216) in an open state (Fig 7B), wherein the first valve seat (221b) and the second valve seat (221a) comprise one or more permanent magnets, or wherein the gate (216) comprises one or more permanent magnets (gate 216 has permanent magnet – see para [0053]).
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With regard to claim 2, Fripp discloses one or more electromagnets (300; para [0064]: “magnetic member 300 may comprise an electromagnet”) arranged within the housing (300 is within the walls of the housing 210 as seen in Fig 7A and also seen in Fig 3A as an example), wherein a magnetic field generated by the one or more electromagnets (para [0064]: “produce a temporary magnetic field”) has a first polarity controllable by an electric current in the electromagnets, wherein the one or more permanent magnets (300) have a second polarity, and wherein the first polarity and second polarity have the same direction in a first direction of the electric current, and have an opposite direction in a second direction of the electric current (para [0064]: “provide an adjustable magnetic polarity”).
With regard to claim 8, Fripp discloses that the gate (216) defines two opposing faces (top face adjacent 221a and bottom face adjacent 221b) with substantially equal surface area, when projected onto a transverse plane of the inflow device (shown in Fig 7A; “substantially” equal area on 216 opposite faces).
Claim 9 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Pat. Pub. No. 2016/0177673 (“Merron”).
With regard to claim 9, Merron discloses a wireline mobile controller (see Fig 5), arranged to open or close an inflow control device (downhole tool 508 is an inflow control device: para [0004]: “Downhole tools may include packers for sealing zones, sliding sleeves operable to permit flow to and from specific zones, control valves for controlling and directing flow,”) installed in a well (para [0014]), the mobile controller comprising: a first connector (at 504) for electrically connecting (“electrical line” para [0037]; connector is connection of 504 to 502/506) the mobile controller to a wireline (506), and a second connector (connection point from 502 to 506) for mechanically connecting the mobile controller to the wireline (506); an electrical component (electromagnet 502), arranged to couple electromagnetically to the inflow control device (508) when the electrical component is electrically energised, and to open or close the inflow control device remotely (para [0004] discloses opening/closing inflow control device; electrically energized disclosed in paras [0037] [0038]).
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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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim 12 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Pat. Pub. No. 2016/0177673 (“Merron”) in view of U.S. Pat. Pub. No. 2018/0010446 (“Roberson”).
With regard to claim 12, Merron discloses all the claimed features with the exception of disclosing centralizers for centralizing the mobile controller within the well.
Roberson discloses a mobile controller (620) connector to a wireline (622) within a wellbore and teaches that it is known in the art to modify the system to include centralizers (35, para [0035]).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to utilize centralizers, such as taught by Roberson, in the wellbore of Merron for the purpose of centralizing elements within the wellbore (see para [0027]).
Claims 13-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Pat. Pub. No. 2016/0177673 (“Merron”)
With regard to claim 13, Merron does not explicitly disclose that the electrical component comprises an electromagnetic transmitter, arranged to emit an electromagnetic pulse, and an electronic circuit to send an electronic signal to the transmitter for emitting the electromagnetic pulse.
Merron does disclose that the electrical component emits an electromagnetic pulse (by powering on and off, see para [0037], see also para [0028] disclosing using magnetic pulses). Merron further discloses varying the power source to produce various magnetic fields and signals using power electronics (Para [0038]).
It would have been a matter of obvious design choice to one having ordinary skill in the art before the effective filing date of the claimed invention to make the power electronics of Merron comprise an electronic circuit and transmitter to provide the electromagnetic pulse because the particular electronic devices of the power electronics do not appear to provide any unexpected results.
With regard to claim 14, Merron (as modified in preceding claim 13) discloses that the electromagnetic transmitter and the electronic circuit are arranged to generate at least two electromagnetic pulses, wherein a first electromagnetic pulse has a different frequency than a second electromagnetic pulse (see para [0029] and para [0038]).
Claim 15 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Pat. Pub. No. 2016/0177673 (“Merron”) in view of U.S. Pat. Pub. No. 2015/0240600 (“Fripp”).
With regard to claim 15, Merron discloses a method (method inherent in apparatus disclosed) of controlling inflow into a well (see Fig 5, downhole tool 508 is an inflow control device: para [0004]: “Downhole tools may include packers for sealing zones, sliding sleeves operable to permit flow to and from specific zones, control valves for controlling and directing flow,” installed in a well (para [0014]), the method comprising, providing an inflow control device (508) for use in a hydrocarbon producing well (para [0014]), the inflow control device (508) being configured to switch reversibly between an open state and a closed state, or between a closed state and an open state (para [0004]: “Downhole tools may include packers for sealing zones, sliding sleeves operable to permit flow to and from specific zones, control valves for controlling and directing flow,”) moving a mobile controller (502) through a bore of the well, wherein the mobile controller comprises a first connector (at 504) for electrically connecting (“electrical line” para [0037]; connector is connection of 504 to 502/506) the mobile controller to a wireline (506), and a second connector (connection point from 502 to 506) for mechanically connecting the mobile controller to the wireline (506); an electrical component (electromagnet 502), arranged to couple electromagnetically to the inflow control device (508) when the electrical component is electrically energised, and to open or close the inflow control device remotely (para [0004] discloses opening/closing inflow control device; electrically energized disclosed in paras [0037] [0038]), opening or closing the inflow control device (508) by electrically energizing the mobile controller (502) (see paras [0037] [0038]).
Merron discloses all the claimed features with the exception of disclosing the inflow control device comprising: a housing; a gate comprising one or more permanent magnets and moveable within the housing between a closed state and an open state; the housing defining a first valve seat for receiving the gate in a closed state, and a second valve seat for receiving the gate in an open state, wherein the first valve seat and the second valve seat comprise one or more magnetizable portions.
Fripp teaches that it is known in the art to inflow control device for use in a well operating with a mobile controller (300) to include the inflow control device comprising: a housing (210); a gate (216) moveable within the housing (210) between a closed state (Fig 7A) and an open state (Fig 7B); the housing (210) defining a first valve seat (at 221b) for receiving the gate (216) in a closed state (Fig 7A), and a second valve seat (at 221a) for receiving the gate (216) in an open state (Fig 7B), wherein the first valve seat (221b) and the second valve seat (221a) comprise one or more magnetizable portions (see para [0038] of Fripp).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to an inflow control device comprising a housing; a gate comprising one or more permanent magnets and moveable within the housing between a closed state and an open state; the housing defining a first valve seat for receiving the gate in a closed state, and a second valve seat for receiving the gate in an open state, wherein the first valve seat and the second valve seat comprise one or more magnetizable portions, such as taught by Fripp, in place of the inflow control device of Merron, since the inflow control devices are known equivalents and the use of which would be known to one of ordinary skill in the art.
Allowable Subject Matter
Claims 3-7, 10-11, and 16-19 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. U.S. Pat. No. 11,749,540 (“Merry”) discloses a flow control device with two seats and magnets. WO 2010/053378 (“Oevland”) discloses an inflow control device.
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/JESSICA CAHILL/Primary Examiner, Art Unit 3753
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