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
Applicant’s election without traverse of Species I in the reply filed on 9 March 2026 is acknowledged. Claims 18-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Species II, there being no allowable generic or linking claim.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 3-5, 7-10 and 13-16 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
The base claim sets forth: “A system comprising a fluid sampling tool comprising…”, etc. The dependent claims; 4- 5, 7-10 and 13-16, do not specify any further limitations of the subject matter from which each claim refers. The introduced elements in the claims neither further limit the “system” nor the “sampling tool” because they diverge into limitations of additional unrelated devices unassociated with the base claim.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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, 6 and 11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Galvan-Sanchez et al., U.S. 9,187,999.
Regarding claim 1, Galvan-Sanchez et al. discloses in figure 1 a fluid sampling tool having a probe (probe 134; col. 2, lines 32-38) in fluid communication with a formation,
a passageway (138) that passes through the probe (134) into the fluid sampling tool,
fluid sampling vessels (140, 142, 144; col. 2, lines 39-45) in fluid communication with (via fluid lines 141, 142, 145) the passageway (138),
valves (152a-c; col. 2, lines 50-60) controlling the fluid communication between the fluid sampling vessels (140, 142, 144) and the passageway (138), and
an actuator (controller 170; col. 3, line 56 – col. 4, line 16) that controls the valves (152a-c)
wherein the valves (152a-c) outnumber the actuator (170).
As to claim 6, Galvan-Sanchez et al. discloses three or more sampling chambers (col. 2, lines 29-45) which includes 13 or more vessels.
As to claim 11, Galvan-Sanchez et al. discloses a manual valve (contamination responsive flow control device 139; col. 3, lines 15-18) on a bus (outlet 138a) after the fluid sampling vessels (40, 142, 144).
Allowable Subject Matter
Claims 2, 12 and 17 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
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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20 March 2026
/KENNETH L THOMPSON/Primary Examiner, Art Unit 3676