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 Arguments
Applicant’s arguments, filed April 23, 2026, have been fully considered.
Applicant has argued that Anton fails to teach a closing sleeve as claimed in amended claim 1. Examiner agrees, and has withdrawn the rejection based on the Anton reference. However, the amended claims now stand rejected based on a new reference.
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 and 6 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Stepp et al. (US 5,109,925, hereinafter Stepp).
With regard to claim 1, Stepp discloses a cementing stage tool for use with a subterranean well, the cementing stage tool comprising:
a flow passage (12) extending longitudinally through the cementing stage tool;
an outer housing assembly (14+18+102) including a housing port (122) extending through a sidewall of the outer housing assembly;
an opening sleeve (76) releasably secured against axial displacement in the outer housing assembly (via shear pin 78), 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 (“packer 10 is in the configuration shown in Figs. 1A and 1B when run into the well bore”—note that in Fig. 1A, opening sleeve 76 blocks port 122);
a rupture disk (126) 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 (“when the pressure in the casing, and thus in central opening 12 of packer 10, reaches a predetermined level, rupture disc 126 will rupture outwardly”), and
a closing sleeve (34) configured to prevent fluid flow between the flow passage and the housing port in a closed configuration of the cementing stage tool (“When closing sleeve 34 is thus moved, lower seals 40 are moved below port 30 in case 18. Upper seals 38 are still above port 30, and upper seals 38 are sealingly engaged with third bore 26 in case 18. Port 30 thus is sealingly closed by closing sleeve 34.”).
With regard to claim 6, Stepp teaches that the opening sleeve includes a seat (90) configured for engagement with an opening plug (“opening plug 166 engages chamfer 90 in opening sleeve 76”), the opening sleeve being configured to displace to an open position in which fluid flow between the flow passage and the housing port is permitted in response to a predetermined pressure differential applied across the opening plug (“Pressure is then applied in the casing which forces opening plug 166 against opening sleeve 76, thereby shearing shear pin 78 and moving opening sleeve 76 downwardly until lower end 96 thereof contacts upper end 58 of seat retainer 54…port 42 in closing sleeve 34 is thus opened and placed in communication with central opening 12 in packer 10.”).
Allowable Subject Matter
Claims 2-5 and 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.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tara Schimpf can be reached at 571-270-7741. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ROBERT E FULLER/ Primary Examiner, Art Unit 3676
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