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 Objections
Claim 1 is objected to because of the following informalities:
the phrase "hydraulically fracturing the plurality of the offset wells while maintaining pressure in the first well so as to maintain plugging or partial plugging of the perforations or port in the first well, thereby preventing influx of fluid from the plurality of the offset wells into the first well as a result of hydraulically fracturing the plurality of the offset wells" in Lines 7-10 should be amended to ― hydraulically fracturing the plurality of [[the ]]offset wells while maintaining pressure in the first well so as to maintain plugging or partial plugging of the perforations or [[port ]]ports in the first well, thereby preventing influx of fluid from the plurality of [[the ]]offset wells into the first well as a result of hydraulically fracturing the plurality of [[the ]]offset wells ― so that the recited "plurality of offset wells" and the recited "ports" matches the terminology previously used in the claim (see Line 2 and Line 6).
Appropriate correction is required.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP §§ 706.02(l)(1) - 706.02(l)(3) for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-10 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S Patent 12286871 (i.e., parent case), unpatentable over claims 1-10 of U.S. Patent No. 11,697976, unpatentable over claims 1-14 of U.S Patent No. 11,448,036 and unpatentable over claims 1-10 of U.S Patent No. 10,704,356. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims at issue are either fully encompassed by the broader claims in the cited patents or obvious in light of the slight differences in the recited components of the claims in the cited patents.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Snider (U.S Patent 9,840,900) - discloses standing valves and/or sliding sleeves into a first well to plug or partially plug perforations or ports in the casing of the first well (Figures 2 and 5; Col 4, lines 13-41; Col 7, line 49 through Col 8, lines 23).
Erbstoesser (U.S Patent 4,716,964) – discloses methods of injecting ball sealers or particulate material comprising a degradable material into a first well in order to plug or partially plug perforations or ports in the casing of the first well (Col 2, lines 58-67; Col 3, lines 11-14; Col 6, lines 27-34).
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/ASHISH K VARMA/Examiner, Art Unit 3674
/WILLIAM D HUTTON JR/Supervisory Patent Examiner, Art Unit 3674