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 Group I, claims 1-7, 9-13 and species claim 6: a blade cutter as the type of cutting device of claim 6, claim 7: the perforating, and claim 10: cement in the reply filed on 05/22/2023 is acknowledged.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 1 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. It is unclear is the “sealing material of the line 17 is the same sealing material as of line 10 or a different sealing material making the claim indefinite.
All the claims dependent of claim 1 are also rejected.
The term “portion” in claim 4 is a relative term which renders the claim indefinite. The term “portion” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
The term “partially” in claim 9 is a relative term which renders the claim indefinite. The term “partially” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-7, 9, and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Johansen (WO 2020/076163 ) (“Johansen herein- provided by Applicant)
and further in view of Faircloth et al. (US 2021/0162545 A1) ("Faircloth" herein)
(Claim contain only selected species)
Claim 1.
Johansen discloses, as best understood based on the indefinitiess above, a method, comprising:
running a primary plug into a wellbore to a sealing position in a tubular disposed in the wellbore; (Page 7, I. 5-13)
perforating the tubular above the primary plug, via a perforating device, to open a first fluid path and a second fluid path each extending between a central bore of the tubular and an annulus formed between the tubular and a wellbore wall, wherein the first fluid path and the second fluid path are axially offset from each other along the wellbore; (Page 8, I. 8-13 & I. 18-22)
running a secondary plug into the wellbore to a position between the first fluid path and the second fluid path; (Page 8, I. 8-13 & I. 18-22)
injecting a sealing material, via a conveyance, through the secondary plug and into the annulus via the first fluid path from the central bore of the tubular, wherein the sealing material is configured flow into the annulus to a position uphole from the secondary plug in the central bore to surround at least a portion of a control line disposed uphole from the secondary plug, (Summary, Page 3, I. 22+; Page 6, I. 1+; Page 7, I. 1-13; Page 11, I. 9-10) [Fig. 37-42]
making at least one cut through the tubular, the sealing material in the annulus, and the control line surrounded by the sealing material, via a cutting device, at a position uphole the secondary plug; (Page 8, I. 8-13; Page 11, I. 22-25; Page 28 I. 4-14 ) [Fig. 70-73]and
injecting sealing material into the wellbore to fill areas removed by the cutting device to seal the wellbore. (Page 8, I. 8-13 & I. 18-22; Page 28 I. 4-20) [Figs. 71-72]
Johansen does not explicitly disclose the at least one cut as the at least one orbital cut.
Faircloth teaches the above limitation (See paragraphs 0027-0028→ Faircloth teaches this limitation in that there is provided these nozzles, systems and methods having the laser beam cutting a control line. Further, there is provided a laser cutting assembly for performing laser operations on a target, the system having: a base; the base having an opening for receiving the target; and an orbital ring; the orbital ring in association with a drive assembly, whereby the orbital ring is configured for orbital motion with respect to the base and around the target when the target is received within the opening; a laser cutting head, the laser cutting head is mechanically attached to the orbital ring at a first location; whereby the laser cutting head defines a laser beam path; a laser beam dump, the laser beam dump is connected to the orbital ring at a second location; whereby the laser beam path extends from the laser cutting head to the laser beam dump; wherein the laser beam path is in contact with the laser beam dump; and, wherein upon orbiting of the orbital ring, the laser beam path remains in contact with the laser beam dump. ) for the purpose of having the enhanced ability to reliably and safely cut or section these components for removal and to do so in a controlled and predetermined manner. [0013]
Accordingly, it would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention to modify the method of Johansen, with the above limitation, as taught by Faircloth, in order to have the enhanced ability to reliably and safely cut or section these components for removal and to do so in a controlled and predetermined manner.
Claim 2.
Johansen discloses the method of claim 1, wherein the perforating device is configured to perforate the tubular to form a first perforation zone comprising the first fluid path and to form a second perforation zone comprising the second fluid path, and wherein a non-perforated zone is disposed between the first perforation zone and the second perforation zone. (Page 8, I. 8-13 & I. 18-22)
Claim 3.
Johansen discloses the method of claim 2, wherein the secondary plug is configured to be positioned in the non-perforated zone between the first perforation zone and the second perforation zone. (Page 8, I. 8-13 & I. 18-22)
Claim 4.
Johansen discloses the method of claim 1, wherein a portion of the sealing material is configured to flow from the annulus into the central bore, via the second fluid path, in response to injecting the sealing material. (Summary, Page 3, I. 22+; Page 6, I. 1+; Page 7, I. 1-13; Page 11, I. 9-10) [Fig. 37-42]
Claim 5.
Johansen discloses the method of claim 4, further comprising:
removing the conveyance from the wellbore after injecting the sealing material through the secondary plug and into the annulus; and
circulating fluid in the central bore to remove the sealing material disposed in the central bore above the secondary plug. (Page 13 l. 14-25)
Claim 6.
Johansen discloses the method of claim 1, wherein the cutting device comprises a blade cutter. (Page 21, L.7- 24 [Fig.38-40]
Claim 7.
Johansen discloses the method of claim 1, wherein the perforating device comprises a perforating gun having shaped charges configured to detonate in a substantially radially outward direction to perforate the tubular above the primary plug to open the first fluid path and the second fluid path. (Page 8, I. 8-13 & I. 18-22)
Claim 9.
Johansen discloses the method of claim 1, wherein the sealing material is injected into the annulus in at least a partially liquid state, and wherein the sealing material is configured to solidify in the annulus to restrain lateral movement of the control line. (Page 7 l. 34+; Page 8 l. 1-13))
Claim 10.
Johansen discloses the method of claim 1, wherein the sealing material comprises cement. (Page 8, I. 8-13 & I. 18-22; Page 28 I. 4-20) [Figs. 71-72]
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Vail, III (US 2006/0124306 A1) Installation Of One-way Valve After Removal Of Retrievable Drill Bit To Complete Oil And Gas Wells teaches A method of drilling and completing a wellbore in a geological formation to produce hydrocarbons from a well comprising at least the following four steps: drilling the well with a retrievable drill bit attached to a casing; removing the retrievable drill bit from the casing; pumping down a one-way valve into the casing with a well fluid; and using the one-way valve to cement the casing into the wellbore. Other methods are described to drill and complete wellbores in a geological formation with different types of pipes following the removal of retrievable, or retractable, drill bits from the pipes by using pump-down one-way valves, Murphy et al. (US 2011/0203795 A1) SEALANT FOR FORMING DURABLE PLUGS IN WELLS AND METHODS FOR COMPLETING OR ABANDONING WELLS teaches Embodiments of the present invention generally relate to a sealant for forming durable plugs in wells and method for completing or abandoning wells. In one embodiment, a method of plugging a wellbore includes mixing sealant; mixing cement; pumping the cement and sealant into the wellbore. The cement is above the sealant and the sealant cures to become viscoelastic or semisolid, and Jones et al. (US 2016/0194544 A1) EPOXY RESIN FORMULATIONS CONTAINING AN IMPACT MODIFIER FOR USE IN SUBTERRANEAN WELLS teaches A fluid composition comprising: (A) a liquid hardenable resin component comprising an epoxy resin; (B) a hardening agent component comprising a hardening agent for the epoxy resin; (C) an impact modifier component comprising an impact modifier selected to impart an increased impact resistance after hardening of the epoxy resin. A method of treating a treatment zone of a well, the method comprising: introducing the treatment fluid into a well bore; and allowing the treatment fluid to form a hardened mass the well bore.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SILVANA C RUNYAN whose telephone number is (571)270-5415. The examiner can normally be reached M-F 7:30-4:30.
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/SILVANA C RUNYAN/Primary Examiner, Art Unit 1616 07/07/2026
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