Detailed Action
Status of Claims
This is the first office action on the merits. Claims 1-17 are currently pending and addressed below.
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 06/1/ 2026 05/21/2025 has being considered by the examiner.
Drawings
The drawings are objected to under 37 CFR 1.83(a) because they fail to show “a ramp (claim 7)”, “elastic pressure-bearing block (43) disposed inside the inner tube (2) by means of a shearing pin, and a channel communicating the first hydraulic cylinder (41) with the inner cavity of the inner tube (2) is provided in the tube wall of the inner tube (2), and the elastic pressure- bearing block (43) seals the channel in an initial state (Claim 8)”, “the first outer tube (11) has a through hole for the stopping block (42) passing through which has a larger cross-sectional circumferential dimension than the stopping block (42), and the second torque-transmitting mechanism (32) has a through hole for slidably engaging the first torque-transmitting mechanism (31) which has a larger cross-sectional circumferential dimension than the first torque-transmitting mechanism (31) (Claim 11)” “a recess which is progressively deeper in a circumferential direction and terminates in a stopping portion, and the abutment of the liner with the second hydraulic cylinder is formed by the plunger abutting the stopping portion (Claim 13)” “the second hydraulic cylinder (Claim 14)” as described in the specification. Any structural detail that is essential for a proper understanding of the disclosed invention should be shown in the drawing. MPEP § 608.02(d). 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.
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 through hole (claims 11 & 12) 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 Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
a first torque transmitting mechanism, a second torque transmitting mechanism in claim 1.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function; (Examiners note: further see The following is a list of non-structural generic placeholders that may invoke 35 U.S.C. 112(f): “mechanism for,” “module for,” “device for,” “unit for,” “component for,” “element for,” “member for,” “apparatus for,” “machine for,” or “system for.”Welker Bearing Co., v. PHD, Inc., 550 F.3d 1090, 1096, 89 USPQ2d 1289, 1293-94 (Fed. Cir. 2008); Mass. Inst. of Tech. v. Abacus Software, 462 F.3d 1344, 1354, 80 USPQ2d 1225, 1228 (Fed. Cir. 2006); Personalized Media, 161 F.3d at 704, 48 USPQ2d at 1886–87; Mas-Hamilton Group v. LaGard, Inc., 156 F.3d 1206, 1214-1215, 48 USPQ2d 1010, 1017 (Fed. Cir. 1998). Note that there is no fixed list of generic placeholders that always result in 35 U.S.C. 112(f) interpretation, and likewise there is no fixed list of words that always avoid 35 U.S.C. 112(f) interpretation. Every case will turn on its own unique set of facts.” MPEP 2181(1)(a))
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 2 & 12-17 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
The metes and bounds of claim 2 are unclear as the claim language “preferably...” implies the limitations regarding the location of torque strip and torque block are merely suggestions and not essential components. Therefore, as it is unclear if the claims are requiring the specific location or if the claim language is merely providing an optional limitation the metes and bounds of claim 2 are unclear and claim 2 is rejected on this basis.
The metes and bounds of claim 12 & 14 are unclear as the claim language introduces a second hydraulic chamber without first introducing a first hydraulic chamber. The claim strongly implies that first hydraulic chamber exists but does not actively claim a first hydraulic chamber in the claim or in independent claim 1. Therefore, it is unclear if the requires a first hydraulic chamber or if the claim is referencing the first hydraulic chamber in claim 6 and renders the metes and bounds of claims 12 and 14 ambiguous.
Claim 12 is rejected on this basis
Claim 13 is rejected for depending on a rejected claim
Claim 14 is rejected on this basis.
Claims 15-17 are rejected for depending on a rejected claim.
Examiner assumes for examination purposes that claims 12 & 14 are intended to be dependent from claim 6 as claim 6 establishes the first hydraulic chamber.
Allowable Subject Matter
Claims 1, 3-11 are allowed.
The following is an examiner’s statement of reasons for allowance:
Liner Hangers are well known in the art of wellbore exploration and operations. Representative art which appears close to the claimed invention includes Baugh (US Pat No 4848469), Caraballo (US Pub No 20250361798), Hirth (US Pub No 20050006106). This art, alone or in combination, discloses various structures related to liner hangers utilizing various recited features including but not limited to, such as a first outer tube assembly, a second outer tube assembly, an inner tube, a torque transfer assembly with a first and second torque transmitting mechanism. However, this art fails to disclose or fairly suggest the specifically combined structure and steps regarding the specific positional relationships and operations between each recited structure in operation such as, a transmission nut and a reverse-thread nut which are axially slidably engaged with the first torque transfer mechanism, and the outer peripheries of the transmission nut and the reverse-thread nut are threadedly connected to the first outer tube and the second outer tube respectively, wherein the thread-rotating direction between the reverse-thread nut and the second outer tube is opposite to the thread-rotating direction between the transmission nut and the first outer tube, and the inner tube is configured to be capable of rotating forward, thereby moving the reverse-thread nut upward to disengage from the second outer tube. It could be argued that the individual structure is generally known or easily conceived in the art and thus, could just be assembled to disclose the claimed invention. However, the instant invention clearly and specifically recites structural relationships and combinations, which require a greater effort than just cobbling together known structures. Furthermore, the claimed structures are sufficiently detailed to be distinguishable when configured as claimed. The examiner could find no motivation to combine or modify the references which would define a fully functioning apparatus as claimed in the instant application.
Claims 2, 12-17 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Hirth (US Pub No 20050006106): Substantially similar to prior art of Caraballo. Special attention to the system in Fig 1 and [0034] disclosing the hydraulic action of setting the liner hanger.
Baugh (US Pat No 4848469): Special attention to Fig 2, Fig 6 & Fig 7 which comprise an outer tubular system (Fig 2; 34 & 40), an inner tube (Fig 2; 10), torque transmitting devices (Fig 6 and Fig 7; 36 & 81) and a nut (Fig 4; 78) however, Baugh does not have a second nut with opposite threads to the first nut as claimed in claim 1.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Nicholas D Wlodarski whose telephone number is (571)272-3970. The examiner can normally be reached Monday - Friday 8:00 am - 5:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nicole Coy can be reached at (571) 272-5405. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NICHOLAS D WLODARSKI/Examiner, Art Unit 3672
/Nicole Coy/Supervisory Patent Examiner, Art Unit 3672
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