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 .
Response to Amendment
The amendment filed on 6/22/2026 has been entered. All previous objections have been withdrawn.
Claim Rejections - 35 USC § 102
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-4, 9-14, 25-28 and 33-38 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nadkrynechny (US20180328166A1).
Claim 1: Nadkrynechny discloses a pad plunger (Figs. 9-16) comprising a body (1000); and a plurality of pads (1008/1012) biased to move relative to the body, where each of the plurality of pads has a top portion and a bottom portion that are equally biased (Fig. 13, note equally spaced holes 1038 for springs at the top and bottom end of 1012), and wherein at least a first one of the plurality of pads is biased to move relative to the body at one rate (Examiner notes Fig. 9, where a plurality of pads and measuring rings are shown as well as Fig. 10, in which a plurality of pads are shown around the circumference of the pad; paragraph 110 details that a given pad section 1012 can be contacted by a narrower tubing portion, which would involve that pad section moving a one rate with respect to the narrow tubing), and a second one of the plurality of pads is biased to move relative to the body at another rate (Examiner notes that another of the pads--e.g., perhaps one that is lower than the first pad--that is just entering the narrowing transition section of the tubing will move at a different rate than that of the first given pad section or, alternatively, will have the same rate change when it passes through the narrow section).
Claim 2: Nadkrynechny further discloses that at least the first one of the plurality of pads or the second one of the plurality of pads is biased by a spring (note springs in Fig. 13).
Claim 3: Nadkrynechny further discloses that the first one of the plurality of pads is biased by a first spring and the second one of the plurality of pads is biased by a second spring (Fig. 13).
Claim 4: Nadkrynechny further discloses that the first spring has a first rate and the second spring has a second rate (Fig. 13).
Claim 9: Nadkrynechny further discloses that the first spring has a first end and a second end, where the first end sits in a first pocket (1040) in the body and the second end sits in a pocket (1038) in the first one of the plurality of pads (Fig. 13).
Claim 10: Nadkrynechny further discloses that the second spring has a first end and a second end, where the first end sits in a second pocket (note another of 1040) in the body and the second end sits in a pocket (note other of 1038) in the second one of the plurality of pads (Fig. 13).
Claim 11: Nadkrynechny further discloses that the first pocket in the body and the pocket in the first one of the plurality of pads have a first collective depth (Fig. 13).
Claim 12: Nadkrynechny further discloses that the second pocket in the body and the pocket in the second one of the plurality of pads have a second collective depth (Fig. 13).
Claim 13: Nadkrynechny further discloses that the first collective depth and the second collective depth are the same (Fig. 13).
Claim 14: Nadkrynechny further discloses that the first spring has a first rate and the second spring has a second rate (Fig. 13).
Claim 25: Nadkrynechny discloses a pad plunger (Figs. 9-16), comprising a body (1000); and a plurality of pads (1008/1012) biased to move relative to the body, where each of the plurality of pads has an equally biased top portion and bottom portion (Fig. 13, note equally spaced holes 1038 for springs at the top and bottom end of 1012), and wherein at least a first one of the plurality of pads is biased to move relative to the body in response to a force (Examiner notes Fig. 9, where a plurality of pads and measuring rings are shown as well as Fig. 10, in which a plurality of pads are shown around the circumference of the pad; paragraph 110 details that a given pad section 1012 can be contacted with a force imposed by a narrower tubing portion, which would involve that pad section moving a one rate with respect to the narrow tubing), and a second one of the plurality of pads is biased to move relative to the body in response to another force (Examiner notes that another of the pads--e.g., perhaps one that is lower than the first pad--that is just entering the narrowing transition section of the tubing will experience a different force than that of the first given pad section or, alternatively, will have the same force placed upon it at a different time or even experience the force imposed by the tubing against the pad in a non-narrow section).
Claim 26: Nadkrynechny further discloses that at least the first one of the plurality of pads or the second one of the plurality of pads is biased by a spring (note springs in Fig. 13).
Claim 27: Nadkrynechny further discloses that the first one of the plurality of pads is biased by a first spring and the second one of the plurality of pads is biased by a second spring (Fig. 13).
Claim 28: Nadkrynechny further discloses that the first spring has a first rate and the second spring has a second rate (Fig. 13).
Claim 33: Nadkrynechny further discloses that the first spring has a first end and a second end, where the first end sits in a first pocket (1040) in the body and the second end sits in a pocket (1038) in the first one of the plurality of pads (Fig. 13).
Claim 34: Nadkrynechny further discloses that the second spring has a first end and a second end, where the first end sits in a second pocket (note another of 1040) in the body and the second end sits in a pocket (note other of 1038) in the second one of the plurality of pads (Fig. 13).
Claim 35: Nadkrynechny further discloses that the first pocket in the body and the pocket in the first one of the plurality of pads have a first collective depth (Fig. 13).
Claim 36: Nadkrynechny further discloses that the second pocket in the body and the pocket in the second one of the plurality of pads have a second collective depth (Fig. 13).
Claim 37: Nadkrynechny further discloses that the first collective depth and the second collective depth are the same (Fig. 13)).
Claim 38: Nadkrynechny further discloses that the first spring has a first rate and the second spring has a second rate (Fig. 13)).
Allowable Subject Matter
Claims 5-8, 15-24, 29-32 and 39-48 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.
The following is a statement of reasons for the indication of allowable subject matter: regarding claims 5, 15, 29 and 39, the prior art of record does not further disclose or reasonably teaches in combination that the first spring rate and the second spring rate are different.
Regarding claims 19 and 43, the prior art of record does not further disclose or reasonably teach in combination that the first collective depth and the second collective depth are different.
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.”
Response to Arguments
Applicant's arguments have been fully considered but they are not persuasive. Examiner has newly relied upon the Nadkrynechny reference.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATHAN C ZOLLINGER whose telephone number is (571)270-7815. The examiner can normally be reached Generally M-F 9-4 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Essama Omgba can be reached at 469-295-9278. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NATHAN C ZOLLINGER/Primary Examiner, Art Unit 3746
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