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 .
Election/Restrictions
Claims 8-14 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected Invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on January 13, 2026.
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.
Claim(s) 1-4 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Anton et al. (US 11,702,904, hereinafter Anton).
With regard to claim 1, Anton teaches a cementing stage tool for use with a subterranean well, the cementing stage tool comprising:
a flow passage (41) extending longitudinally through the cementing stage tool;
an outer housing assembly (33) including a housing port (44) extending through a sidewall of the outer housing assembly;
an opening sleeve (35) releasably secured against axial displacement in the outer housing assembly (via shearable “bridging portion” 31x), the opening sleeve configured to prevent fluid flow between the flow passage and the housing port in a run-in configuration of the cementing stage tool (see Fig. 5B, provided below); and
a rupture disk (38) configured to prevent fluid flow between the flow passage and the housing port, in which the rupture disk is configured to permit fluid flow between the flow passage and the housing port in response to a predetermined pressure differential applied from the flow passage to the housing port (Fig. 6B provided below, also column 11, lines 22-29: “The sleeve passages in the novel toe valves preferably are provided with pressure release devices that restrict flow through the passage unless and until pressure within the bore exceeds a predetermined level. For example, apertures 42 preferably are threaded and profiled to accommodate rupture discs 38. Rupture discs 38 provides a rupturable closure which blocks flow through apertures 42 when toe valve 30 is in its closed state”).
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With regard to claim 2, Anton teaches that the rupture disk (38) is disposed in a sidewall of the opening sleeve (35).
With regard to claim 3, Anton teaches (at least in the Fig. 5B position) that the rupture disk prevents fluid flow through a circulation port (42) formed through a sidewall of the opening sleeve, the circulation port being positioned between first and second seals (in Fig. 5B, shown above, the port 42 is between first seal 37a and second seal 37e) that isolate an annulus (43a) between the opening sleeve (35) and a closing sleeve (34) in the outer housing assembly.
With regard to claim 4, the first seal (37a) has a diameter which is greater than a diameter of the second seal (37e—note that seal 37a has a greater diameter due to its location on the outer surface of element 34).
Allowable Subject Matter
Claims 5-7 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:
With regard to claim 5, element 34 of Anton (i.e. the “closing sleeve”) does not have a port that permits fluid communication between the annulus (43a) and the housing port (44). It would not have been obvious to add a port to element 34, given that element 34 already terminates above the location of the port (44).
With regard to claim 6, Anton does not teach a seat on the opening sleeve (35). It would not be considered obvious to provide a seat on the inner diameter of the opening sleeve, because an inwardly-projecting seat would prevent the opening sleeve from properly sliding within chamber 43b.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT E FULLER whose telephone number is (571)272-6300. The examiner can normally be reached M-F 8:30AM - 5:30PM.
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/ROBERT E FULLER/Primary Examiner, Art Unit 3676