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 Claims 15-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Species II, there being no allowable generic or linking claim.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, 4, 5, 7, 8, 9, 10, 13 and 14 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 method of collecting downhole fluid samples. The dependent claims, 3, 4, 5, 7, 8, 9, 10, 13 and 14 introduce limitations to elements that do not contain a reference to the base claim nor specify a further limitation of the subject matter of the base claim to which it refers.
The subject matter of the dependent these claims do not refer to the elemental nor methodological limitations of the base claim, and introduces structural elements functionally unrelated to those introduced in 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, 2, 6 and 11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hsu et al., U.S. 9,115,567.
Regrading claim 1, Hsu et al. discloses in figure 2 a method of collecting downhole fluid samples (col. 5, lines 11-25) having a fluid sampling tool (multi-sampling tool 56) in a wellbore (fig 1, 36),
establishing fluid communication between a formation (fig 1, 12) and the fluid sampling tool (via probe 58) through a fluid passageway (fig 2, flow line 74; col. 5, lines 51-55),
establishing fluid communication between the fluid passageway (flow line 74) and a first fluid sampling vessel (any of sample bottles 62; col. 5, lines 55-65),
actuating a first valve (any of valves 84) on a hydraulic control line (flowline at sensor 110; col. 7, lines 15-19) to isolate (col. 5, lines 60-65) a fluid inside the first fluid sampling vessel (bottle(s) 62); actuating a second valve (another valve 84) to establish fluid communication between the fluid passageway (74) and a second fluid sampling vessel (another of 62); and
actuating the second valve (col. 6, lines 8-21) to isolate the fluid inside the second fluid sampling vessel (any of 62) and the number of valves (84) is larger than a number of actuators (FRV 86; col. 5, line 66 – col. 6, line 21).
Re. claim 2, the reference discloses the fluid communication between the fluid passageway (74) and a second fluid sampling vessel (any of 62) includes an alternate hydraulic control line (flowline at sensor 110).
As to claim 6, Hsu et al. discloses the fluid sampling tool (56) having more than one sampling vessels (col. 5, lines 22-25) which includes 13 substantially.
As to claim 11, Hsu et al. discloses the fluid sampling tool having a manual valve (relief pressure valve associated with port 90; col. 13, lines 35-38) on a bus (flowline of sensor 110) after the first fluid sampling vessel.
Allowable Subject Matter
Claim 12 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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21 March 2026
/KENNETH L THOMPSON/Primary Examiner, Art Unit 3676
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