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 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) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over D1 (Galle, et al., US 2013-0087977) in view of D2 (Tuckness et al., US 2010-0219592).
For claim 1, D1 discloses, in Figures 1-3 and 8A-8B, a downhole sealing system:
two seal stacks, each seal stack comprising a plurality of sealing elements (Two seal stacks 139 above and below 135. Each seal stack 139 has a plurality of sealing elements. Figures 2); and
an elastomeric ring (135) disposed axially between the two seal stacks (139), the elastomeric ring having a diamond cross-sectional shape and configured to provide a gas seal to the downhole sealing system (The ring 135 has diamond shape, Figure 2. The seal assembly provides sealing effect to downhole sealing system. Abstract. Para. [0028, 0032, 0038].)
D1 does not disclose the material of the ring 135 is an elastomer. D2 teaches, in Figure 1, a downhole sealing assembly with elastomeric ring 178 disposed between two seal stacks (Para. [0025, 0030]) for effective sealing. 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 with elastomeric ring, as taught by D2 with a reasonable expectation of success of providing effective sealing.
D1 modified with features of D2 teaches the claimed limitations.
For claim 2, D1 discloses the downhole sealing system of claim 1, wherein the two seal stacks each comprise chevron seal stacks (Para. [0010, 0032].)
For claim 3, D1 discloses the downhole sealing system of claim 2, wherein the ring is configured to conform to a cavity formed between the seal stacks to prevent rolling (Figures 1-3.)
For claim 4, D1 discloses the downhole sealing system of claim 1, wherein each seal stack comprises a spacer (One of the seal rings 139 in each stack forms a metal spacer. Figures 1-3. Para. [0032].)
For claim 5, D1 discloses the downhole sealing system of claim 4, wherein the spacer comprises a metal (One of the seal rings 139 is metal. Para. [0032].)
For claim 6, D1 discloses the downhole sealing system of claim 1, wherein each seal stack comprises a backup ring (One of the seal rings 139 is thermoplastic. Para. [0032].)
For claim 7, D1 discloses the downhole sealing system of claim 6, wherein the backup ring comprises polyether ether ketone (PEEK) (Para. [0036].)
For claim 8, D1 discloses, in Figures 1-3, 8A and 8B, a downhole tool comprising:
a first sleeve (105);
a second sleeve (103) configured to move axially relative to the first sleeve (Para. [0027]); and
a downhole sealing system (includes 139, 135, 139) disposed between the first sleeve and the second sleeve, the downhole sealing system comprising:
two seal stacks, each seal stack comprising a plurality of sealing elements (Two seal stacks 139 above and below 135. Each seal stack 139 has a plurality of sealing elements. Figures 2); and
an elastomeric ring (135) disposed axially between the two seal stacks (139), the elastomeric ring having a diamond cross-sectional shape and configured to provide a gas seal to the downhole sealing system (The ring 135 has diamond shape, Figure 2. The seal assembly provides sealing effect to downhole sealing system. Abstract. Para. [0028, 0032, 0038].)
D1 does not disclose the material of the ring 135 as an elastomer. D2 teaches, in Figure 1, a downhole sealing assembly with elastomeric ring 178 disposed between two seal stacks (Para. [0025, 0030]) for effective sealing. 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 with elastomeric ring, as taught by D2 with a reasonable expectation of success of having effective sealing.
D1 modified with features of D2 teaches the claimed limitations.
For claim 9, D1 discloses the downhole sealing system of claim 8, wherein the two seal stacks each comprise chevron seal stacks (Para. [0010, 0032].)
For claim 10, D1 discloses the downhole sealing system of claim 9, wherein the ring is configured to conform to a cavity formed between the seal stacks to prevent rolling (Figures 1-3.)
For claim 11, D1 discloses the downhole sealing system of claim 8, wherein each seal stack comprises a spacer (One of the seal rings 139 in each stack forms a metal spacer. Figures 1-3. Para. [0032].)
For claim 12, D1 discloses the downhole sealing system of claim 11, wherein the spacer comprises a metal (One of the seal rings 139 is metal. Para. [0032].)
For claim 13, D1 discloses the downhole sealing system of claim 8, wherein each seal stack comprises a backup ring (One of the seal rings 139 is thermoplastic. Para. [0032].)
For claim 14, D1 discloses the downhole sealing system of claim 13, wherein the backup ring comprises polyether ether ketone (PEEK) (Para. [0036].)
For claim 15, D1 discloses, in Figures 1-3, 8A and 8B, a method of sealing a downhole tool, the method comprising:
positioning a first sleeve (105) of the downhole tool proximate a second sleeve (103) of the downhole tool, wherein the second sleeve is axially movable relative to the first sleeve (Para. [0027]); and
positioning a downhole sealing system (includes 139, 135, 139) comprising two seal stacks (139) and an elastomeric ring (135) disposed axially between the two seal stacks and ring having a diamond cross-sectional shape between the first sleeve and the second sleeve to provide a gas seal to the downhole tool (The ring 135 has diamond shape, Figure 2. The seal assembly provides sealing effect to downhole sealing system. Abstract. Para. [0028, 0032, 0038].)
D1 does not disclose the material of the ring 135 made of elastomeric material. D2 teaches, in Figure 1, a downhole sealing assembly with elastomeric ring 178 disposed between two seal stacks (Para. [0025, 0030]) for effective sealing. 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 with elastomeric ring, as taught by D2 with a reasonable expectation of success of having effective sealing.
D1 modified with features of D2 teaches the claimed limitations.
For claim 16, D1 discloses the method of claim 15, wherein each seal stack (139) comprising a plurality of sealing elements (Figures 1-3.)
For claim 17, D1 discloses the method of claim 15, wherein positioning the downhole sealing system further comprises positioning a spacer within each seal stack (One of the seal rings 139 in each stack forms a metal spacer. Figures 1-3. Para. [0032].)
For claim 18, D1 discloses the method of claim 17, wherein the spacer comprises a metal (One of the seal rings 139 in each stack forms a metal spacer. Figures 1-3. Para. [0032].)
For claim 19, D1 discloses the method of claim 15, wherein positioning the downhole sealing system further comprises positioning a backup ring within each seal stack (One of the seal rings 139 is thermoplastic. Para. [0032].)
For claim 20, D1 discloses the method of claim 19, wherein the backup ring comprises PEEK (Para. [0036])
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 Kannan (US 6,406,028); Merkin (US 5,297,805); Wood (US 5,129,625).
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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/NATHAN CUMAR/Primary Examiner, Art Unit 3675
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