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 .
Terminal Disclaimer
The terminal disclaimer filed on 28 May 2026 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of U.S. 12,331,607 has been reviewed and is accepted. The terminal disclaimer has been recorded.
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.
Claims 1, 2 and 7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Schnitker et al., U.S. 6,032,740.
Schnitker et al. discloses a whipstock assembly (col. 1, field of invention) having a whipstock body (fig 7b, 80; col. 4, lines 40-43) having an uphole end and a downhole end, the whipstock body defining a taper face; and a lug (fig 7a, top hook portion 81) coupled proximate the uphole end of the whipstock body, the lug configured to engage with a lug slot (fig 7a, hook recess 74) of a related milling tool (mill 60; col. 4, lines 40-43) to couple the whipstock assembly with the related milling tool when the milling tool rotates in a first direction and to disengage from the lug slot of the related milling tool to release the whipstock assembly from the related milling tool when the milling tool rotates in a second opposite direction (the lug in slot bayonet configuration operates by way of opposing rotation of connected members).
Schnitker et al. discloses the lug (81) has a smaller lug portion (the longitudinal portion of 81 at the whipstock 80 appears to be radially smaller than the horizontal portion in the slot 74) and a larger lug portion (the radial portion of 81 at 74, 60a, fig 7a), the smaller lug portion more proximate the whipstock body (80) than the larger lug portion.
Schnitker et al. discloses the lug (81) is operationally, integrally formed or functionally attached with whipstock body.
Allowable Subject Matter
Claims 3-6 and 8-10 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.
Response to Arguments
Applicant's arguments filed 28 May 2026 have been fully considered but they are not persuasive.
Applicants argue the prior art does not disclose the lug slot is located in one of the plurality of blades, and the lug slot extends from a side surface that is exposed by the spacing between adjacent blades of claim 1.
The claim does not recite the limitations, notwithstanding the unnecessary use of the numeral “1” in the non-final rejection, dependent claim 6 introduces the blades.
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 KENNETH L THOMPSON whose telephone number is (571)272-7037. The examiner can normally be reached Weekdays; 9:00-5:00, est.
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9 June 2026
/KENNETH L THOMPSON/ Primary Examiner, Art Unit 3676
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