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 .
Drawings
The drawings are objected to because:
Figures 2A- 2E should be designated by a legend such as --Prior Art-- because only that which is old is illustrated. See MPEP § 608.02(g).
In Figures 3A-3D, 4A and 4B, the label “Figures 3A” etc. are faint.
In Figures 4A, and 4B, the lines of the elements are faint.
Corrected drawings in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. The replacement sheet(s) should be labeled “Replacement Sheet” in the page header (as per 37 CFR 1.84(c)) so as not to obstruct any portion of the drawing figures. 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.
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
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, 3, 6, 7, 12, 13 and 19-20 is/are rejected under 35 U.S.C. 102a1 as being anticipated by US 20220205333 A1 to MCFARLIN.
Regarding claim 1: MCFARLIN discloses 1. A downhole tool 24 comprising:
a mandrel 32 configured with a bore 26 and a respective seat 46 formed on an inner bore surface;
a pump out seat 28 disposed within the bore in a first position (Fig. 2);
wherein the pump out seat is movable between the first position (Fig. 2) and an other position ([0028]),
wherein the first position comprises the pump out seat not engaged on the respective seat (Figure 2), and
wherein the other position comprises the pump out seat dislodged from the bore.[0028]
Regarding claim 3: MCFARLIN discloses 3. The downhole tool of claim 1, wherein the downhole tool is a frac plug [0002], and wherein at least one component of the downhole tool is made of a reactive material ([0041] [0055][0063-0065]).
Regarding claim 6: MCFARLIN discloses 6. The downhole tool of claim 1, wherein the pump out seat is movable to a second position [0040], wherein the second position comprises a shoulder surface 42 of the pump out seat engaged with the respective seat 46 of the bore.
Regarding claim 7: MCFARLIN discloses 7. The downhole tool of claim 6, wherein shearing of a retainer pin 44 allows the pump out seat to move to the second position.(Fig. 3,[0039-0040])
Regarding claim 12: MCFARLIN discloses 12. A downhole tool 24 comprising:
a mandrel 32 configured with a bore 26 and a respective seat 46 formed on an inner bore surface;
a pump out seat 28 disposed within the bore in a first position (Fig. 2);
wherein the pump out seat is movable between the first position (Fig. 2) and an other position ([0028]),
wherein the first position comprises the pump out seat not engaged on the respective seat (Figure 2), and
wherein at least one component of the downhole tool is made of a reactive material ([0041] [0055][0063-0065]), and
wherein the other position comprises the pump out seat dislodged from the bore.[0028]
Regarding claim 13: MCFARLIN discloses 13. The downhole tool of claim 12, wherein the downhole tool is a frac plug[0002].
Regarding claim 19: MCFARLIN discloses 19. The downhole tool of claim 12, wherein the pump out seat comprises a sheared pressure down position whereby a shoulder surface of the pump out seat 42 engaged with the respective seat 46 of the bore.[0039-0040]
Regarding claim 20: MCFARLIN discloses 20. The downhole tool of claim 19, wherein shearing of a retainer pin 44 allows the pump out seat to move to the sheared pressure down position. [0039-0040]
Allowable Subject Matter
Claims 8-11 are allowed.
Claims 2,4-5, and 14-18 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.
US 20190323314 A1 discloses a downhole tool with a pump out plug having multiple positions.
US 20210404300 A1 discloses a plug for a downhole tool with open and closed positions depending on flow.
US 20200115988 A1 discloses a plug for a downhole tool, initially held by a shear pin, than can be removed by dislodging the plug.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEVEN MACDONALD whose telephone number is (571)272-8763. The examiner can normally be reached M-F 9:00-5:30 EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Doug Hutton can be reached at (571) 272-4137. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/STEVEN A MACDONALD/Primary Examiner, Art Unit 3674